BREMERTON — The Kitsap Public Health District board met May 3 to discuss the new draft ordinance regulating vaping in indoor public spaces.

After the passage of Engrossed Substitute Senate Bill (ESSB) 6328 relating to youth substance-use prevention associated with vapor products, the Kitsap Public Health District made substantial changes to the proposed ordinance to regulate vaping in Kitsap County.

The new draft (available online at kitsappublichealth.org/vaping) proposes to prohibit the use of vapor products in indoor public places, and includes the same “presumptively reasonable minimum distance” of at least 25 feet from doors and windows that can open for outdoor vaping that is included in the cigarette smoke ordinance.

“Those those of you who were around when we adopted the smoking in public places ordinance, this is eerily similar to that,” said Keith Grellner, director of KPH’s environmental health division. “We borrowed quite liberally from that other ordinance.”

At the public meeting, the main topic of discussion regarding this proposed ordinance was the section allowing for businesses to apply for a waiver, allowing the use of vape products inside.

Under state law, vape retailers are able to demonstrate and offer samples of products for the purpose of selling vape juices and how to use vapor products. They are also able to apply for licenses with the Liquor and Cannabis Board to turn their retailer into a vapor lounge.

The Kitsap County draft ordinance would prohibit non-retailers from allowing vaping indoors, though there was an opportunity for those business to apply for an annual waiver from the Public Health Officer if they met the necessary conditions, including but not limited to prohibiting access to the premises by minors, posting of warning signs and providing adequate ventilation.

Susan Turner, Kitsap County health officer, spoke in opposition of allowing waivers.

“Being exposed to vapor by second hand or third hand on surfaces — because the droplets fall — exposure has not been shown to be safe,” Turner said. “The chemical mixtures, as you know, are not regulated. No one ensures their safety.”

Turner argued that because labels on vapor products are non standardized, there’s no way to know what’s in a particular product and thus it is impossible to know how safe they are.

“We have no way to know that it’s safe,” she said. “It’s not standardized, no one’s taking responsibility for any liability associated with the products.”

Turner went on to address some comments made at previous listening sessions regarding the previous vaping ordinance draft, in which many people cited Public Health England recommending vaping. Turner said vaping was only recommended to smokers as an alternative to smoking, and added that England regulates products much more closely than the U.S.

“A manufacturer (in England) has to take responsibility for the safety of their product, they have to attest for the contents of the product, the labels must be shown to be accurate and all the chemicals safe,” Turner said. “So it’s a completely different situation in England.”

Turner also said, “Allowing for vaping bars and restaurants enhances the mystique around these products, and gives the appearance that we think it’s safe for adults.”

“That’s an especially dangerous misimpression for youth to have,” Turner said. “You don’t want to lose the ground gained by allowing the renormalization of smoking behavior.”

After the discussion about the waiver, the KPH board opted to remove the language allowing businesses to apply for waivers, in order to permit indoor vaping, though it will be up for discussion at next month’s meeting if anyone has any objections.

Grellner said that after the draft ordinance was edited, he reached out to some of the vaping industry folks in Kitsap County who spoke at previous listening sessions.

“What they all told me … the state law resolves all of their concerns and they didn’t have any issues,” Grellner said. He added that a copy of the new draft was sent to those same people around the same time as it was sent to the KPH board. “We’ve heard no concerns from any of them. That’s with the waiver included, but none of them would be affected by (its removal), if they maintain their state license, which they all intend to do.

Because the waivers would only affect businesses that aren’t licensed vapor retailers, Grellner said he didn’t expect any objections to remove waiver opportunities from the ordinance.

“We didn’t receive any opposition to anything like this,” Grellner said. “There was no opposition to restricting vaping in indoor public places. The only opposition under the first draft of the ordinance was restricting what vape retailers, what they can do inside their shops.

“Inside grocery stores, convenience stores, bars and taverns, there was no opposition to regulating that.”

The draft ordinance and the removal of waivers will be up for discussion once again at the next Kitsap Public Health Board Meeting, at 1:45 p.m. Tuesday, June 7, at the Norm Dicks Government Center, 345 Sixth St., Bremerton. For more information, visit kitsappublichealth.org/vaping.