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BEST PRACTICES OF A CLEAN INDOOR AIR ORDINANCE During recent years, several states and many cities have enacted city-wide smoking bans in workplaces and/or restaurants and bars. Below is a partial list of "best practices" for the development of clean indoor air ordinances collected from experienced organizations such as the American Cancer Society, American Heart Association, American Lung Association, and others. Some of these "best practices" were also identified and discussed during our panel discussion meeting held with representatives from Minnesota communities who have proposed and/or implemented smoking bans. Keep the ordinance simple; use clear definitions for what places are included in the smoking ban. Well-defined terms are critical to successful interpretation, implementation, and enforcement of an ordinance. Tiy to avoid allowing e�emptions for hardship cases and certain types of businesses. During the first year of Duluth's ordinance, exemptions were allowed for "hardship" cases for restaurants without liquor licenses. There are many reasons why restaurants and bars do not succeed. There are frequent changes in the restaurant industry (e.g., change of ownership, relocation) so it is difficultto determine why certain businesses do well and others fail. In Duluth, five businesses initially filed "hardship" cases. Three later surrendered their "hardship" cases because patrons complained about the smoking in these businesses. Duluth eliminated this exemption five months after the ordinance was passed. Exemptions can weaken an ordinance and create a lot of confusion. Places that are designated as smoke-fiee should remain smoke-fiee at all times, not only for certain hours or days. One of Duluth's early ordinances allowed smoking later in the evening if there were no children present in the restaurant. Feedback from employees and the public was that this policy was confusing and difficultto implement. Avoid the "accommodation" and ventilation approach promoted by the tobacco industry. The tobacco companies have developed "accommodation" programs (i.e., non-smokers and smokers should be able to co-exist in the same smoky place). Sometimes "accommodation"is achieved simply by posting signs on the doors of businesses making people aware that smoking is allowed. More recently, the tobacco industry has been promoting the use of newer ventilation systems in bars and restaurants. The American Society of Heating, Refrigerating and Air- Conditioning Engineers, Inc. (ASHRAE) is an independent, professional organization responsible for establishing ventilation guidelines. Conclusions reached by ASHRAE's Standing Standard Proj ect Committee 62 regarding ventilation in smoking permitted areas only address comfort (i.e. odor control) and do not claim to eliminate the health risks of environmental tobacco smoke (i.e., secondhand smoke) since there are no ventilation systems that can eliminate secondhand smoke completely.' (See Appendix B: Fundamentals of Clean Indoor Air Policy) [�