PRINTER'S NO. 3698
No. 2789 Session of 1994
INTRODUCED BY GLADECK, TRELLO, L. I. COHEN, BATTISTO, TRUE,
WOZNIAK AND DALEY, MAY 18, 1994
REFERRED TO COMMITTEE ON EDUCATION, MAY 18, 1994
AN ACT
1 Amending the act of April 27, 1927 (P.L.465, No.299), entitled,
2 as amended, "An act to provide for the safety of persons
3 employed, housed, or assembled in certain buildings and
4 structures by requiring certain construction and ways of
5 egress, equipment, and maintenance; providing for the
6 licensing of projectionists, except in cities of the first
7 class and second class; requiring the submission of plans for
8 examination and approval; providing for the promulgation of
9 rules and regulations for the enforcement of this act;
10 providing for the enforcement of this act by the Department
11 of Labor and Industry, the Department of Health, boards of
12 school directors and, in certain cases, by the chiefs of fire
13 departments in cities of the third class; providing penalties
14 for violations of the provisions of this act; and repealing
15 certain acts," prohibiting smoking in schools.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 3.5 of the act of April 27, 1927
19 (P.L.465, No.299), referred to as the Fire and Panic Act, added
20 December 21, 1988 (P.L.1315, No.168), is amended to read:
21 Section 3.5. School Tobacco Control.--(a) Tobacco use by
22 [pupils] any person is prohibited in school buildings and school
23 buses and on school property owned by, leased by or under the
24 control of a school district.
1 (b) (1) The board of school directors [may designate
2 smoking areas for employes and] shall establish policy to
3 enforce the prohibition of tobacco use under this section.
4 (2) The board of school directors shall notify employes,
5 students and parents of the policy developed in subsection
6 (b)(1) by publishing the information in a student handbook and
7 parent newsletter, and on posters or other efficient means.
8 (c) This section supersedes any municipal ordinance or
9 school board regulation to the contrary.
10 (d) Notwithstanding the provisions of section 15, this
11 section shall apply throughout this Commonwealth.
12 (e) As used in this section, the following words and phrases
13 shall have the meanings given to them in this subsection:
14 "School" means a school operated by a joint board, board of
15 directors or school board where pupils are enrolled in
16 compliance with Article XIII of the act of March 10, 1949
17 (P.L.30, No.14), known as the "Public School Code of 1949." The
18 term includes area vocational-technical schools and intermediate
19 units.
20 "Smoking" includes possession of a lighted cigarette, cigar,
21 pipe or other lighted smoking equipment.
22 "Tobacco use" includes smoking and the use of smokeless
23 tobacco in any form.
24 (f) (1) Each school principal shall be responsible for the
25 enforcement of this section.
26 (2) A violation of this section constitutes a summary
27 offense punishable by a fine of not less than fifty dollars
28 ($50.00) nor more than one hundred dollars ($100.00).
29 Section 2. This act shall take effect immediately.
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