Smoke Shop Inspections · 2020. 6. 27. · Smoke Shop Inspections • OAR 333-015-0068(3) To obtain certification as a smoke shop under any part of this rule, a business must agree

OREGON PUBLIC HEALTH DIVISION

Health Promotion and Chronic Disease Prevention

Oregon Indoor Clean Air Act

Smoke Shop Inspections



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Today we’ll talk about…

• Preparing for smoke shop inspections

• Conducting the inspection

• Documenting the inspection

Smoke Shop Inspections

• OAR 333-015-0068(3) To obtain certification as a smoke shop under

any part of this rule, a business must agree to allow the Authority or

LPHA to make unannounced inspections of the business to

determine compliance with the Act.

• Inspections to be conducted by LPHAs for each smoke shop

– As of July 1, 2012, at least one inspection per smoke shop per year

• Certified smoke shops have been notified that unannounced

inspections will be conducted

• Violations may result in revocation of certification and/or civil penalty



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ICAA Complaint Response Process

• Smoke shops are not required to be smokefree

– Standard complaint response process does not apply

• First valid complaint for a smoke shop unannounced site visit (not

IRL)



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Smoke Shop Inspection Flow Chart



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Preparing for the Inspection

• Verify the smoke shop’s status in WEMS

– Exempt certification status (Certified or Revoked)

– Exempt certification type (Smoke Shop A, B, or C)

– Cigarette smoking allowed (Yes, No, or N/A)

• Determine which form to use

– Smoke Shop Complaint Response series – OHA 2604 through 2606

– Smoke Shop Inspections – OHA 2607through 2609



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Preparing for the Inspection (continued)

• Create and process record in WEMS for unannounced inspection

(refer to Smoke Shop Inspections Checklist for instructions)

• Gather supplies for the visit

• Plan date and time of inspection



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Form 1 – Smoke Shop –

Complaint Response

Initial Site Visit and

Remediation Plan (OHA 2604)

• Use Form 1 within 30 days of a

valid complaint if the complaint is

– A first complaint,

– A subsequent complaint and

violations have not been

observed on a previous site visit

or inspection, or

– More than three years have

passed since initiation of a

remediation plan or alternative

resolution of a prior violation

(citation).

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Form 1 – Smoke Shop

Inspection

Site Visit and Remediation

Plan (OHA 2607)

• For unannounced

inspections

• Inspection forms identical

to complaint response

forms, except for:

• Form title

• Form number

• Top sheet color

Form 1 – Smoke Shop Site Visit and

Remediation Plan

• Find smoke shop type in WEMS exempt business list.

• OHA will keep county TPEP programs updated on new applications



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Form 1 – Smoke

Shop Site Visit and

Remediation Plan



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• Refer to Inspection Form Instructions

for guidance on observing violations

• Check for compliance for items under

“All smoke shops” and for the specific

smoke shop category (A, B, or C)

• Check yes or no for each possible

violation

Form 1 – Smoke Shop – Remediation Plan

• Not all violation types will be noted

on remediation plan

• Signs – If applicable, check the box

for the specific signs required for

remediation plan completion

– “No smoking within 10 feet” signs are

not required for smoke shops

• Smoke shops are required to prohibit

smoking, remove ash receptacles,

and post no smoking signs on tables

or outdoor seating within the 10’

setback

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Form 1 – Smoke Shop Forms

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Form 1 – Inspection

Form 1 – Complaint Response

Documenting Inspections

• Record results of visit in WEMS

• Enter detailed observations in WEMS County Comments



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Forwarding Documentation to OHA

• No violations – Email scanned copy of visit form to liaison

• Violations on initial visit, Remediation plan violations only – Email

scanned copy of visit form to liaison

• Other violations observed on initial visit, or any violations observed

on Form 2 or Form 3 visits – Forward hard copy documentation to

OHA



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Determining if the business is in violation

• Refer to Smoke Shop Inspection Form Instructions for guidance for

each violation type



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Questions?

• Questions about ICAA Administrative Rules changes, citations, or

smoke shop/cigar bar certification:

Kim LaCroix, Policy Specialist


[email protected]

971-673-0606



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Smoke Shop Inspections · 2020. 6. 27. · Smoke Shop Inspections • OAR 333-015-0068(3) To obtain certification as a smoke shop under any part of this rule, a business must agree

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