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Pittsfield Board of Health OKs Updated Tobacco Ordinance

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The Board of Health has concluded its seven-month process of updating the city's tobacco ordinance.

"We should be very happy about that," Chair Bobbie Orsi said.

The document was unanimously approved on Wednesday after receiving some finishing touches in November. No public comment was generated in response to the public hearing.

The ordinance had last been amended in 2019 before Gov. Charlie Baker signed an Act Modernizing Tobacco Control, which imposed new restrictions on the sale of nicotine vaping, flavored vaping, and tobacco products.

Changes effective on April 1 include a clarified definition for blunt wraps, a raised minimum price requirement for cigars, and violations that incorporate state law.

A blunt wrap is newly defined as "any product wholly or in part from a tobacco product, manufactured or packaged with loose and removable leaves or section of a leaf, or as a hollow tube, that may be used by the consumer to wrap or contain loose tobacco or other fillers."

It also considers tobacco leaf kits or roll-your-own packages as blunt wraps.

"The major changes that we did was we made an update to definitions such as the blunt wraps. We wanted to make sure it gives a very descriptive definition of that. We did also discuss the fine structure to align with the state," Director of Public Health Andy Cambi explained.

"We did not reduce the permit cap, we kept that normal and I think the last change that we made in November was that we wanted to talk about the violations where if they were issued a violation for us to have that discretion for up to 30 days, no less than one business day."

There was a previous discussion about explicitly banning smoking bars but BOH members felt that the ordinance already bans them, as smoking is not prohibited in any bars within city bounds.



Tri-Town Health Department Director James Wilusz commended the board and health department staff for making the regulations more streamlined for the public. Wilusz has assisted the panel with the effort, as his department has been administering a tobacco awareness program since 1994.

"Having one set of regulations that people can understand and follow is a service to the community and the board," he said.

Wilusz recommended a summary notification, putting up signs, and sending out a cover letter to retailers to let them know that the minimum pricing for packaged cigars has gone up.

Cigar pricing and packaging regulations were updated to raise the minimum price for a cigar by 40 cents to $2.90 and the minimum price for two or more cigars from $5 to $5.80.

"There's not many changes in this regulation that really affects the retailers other than the small nominal adjustment for the consumer price index so I think 60 days is reasonable," he said in regard to the implementation period.

"The caveat understanding is that if there's a violation of state law that still remains in effect even [though] you're pushing 60 days out. You're really extending the local policy changes 60 days out."

He added that the aim is to have compliance and not to have people feel like they weren't aware of the upcoming changes.


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State Officials Urge Fire Safety During Open Burning Season

STOW, Mass. — After an unprecedented fall fire season in Massachusetts and as wildfires rage in California, state officials are urging residents to protect themselves and their communities by following local and state restrictions on open burning.

State Fire Marshal Jon M. Davine, Department of Environmental Protection Commissioner Bonnie Heiple, and Chief Fire Warden David Celino of the Department of Conservation & Recreation said restrictions on open burning are imposed at the state and local levels.

"Open burning season begins January 15 in communities where it’s allowed," said State Fire Marshal Davine. "Even where burning is authorized, a permit from your local fire department is always required in advance and it’s your responsibility to be able to extinguish the fire on a moment’s notice. For two years in a row, Massachusetts residents have lost their lives when they couldn’t contain their fires – please make safety your priority when burning."

"Open burning is limited to protect public health and public safety," said MassDEP Commissioner Heiple. "The governing laws and regulations are in place to reduce air pollution, property damage, and personal injury. If open burning is allowed in your community, please follow the local and state guidance to keep yourself, your neighbors, and our environment safe."

"This fall, residents across Massachusetts saw just how quickly outdoor fires can grow out of control," said Chief Fire Warden Celino. "Right now, California is facing an even worse crisis with devastating fires consuming entire neighborhoods. Please don’t risk a fire that puts you, your home, or your community at risk. Burn only approved materials and always get a permit from your local fire department first."

These restrictions are authorized by 310 CMR 7.07, which sets baseline requirements based on air quality and allows for "no burn" days; MGL chapter 48, section 13, which prohibits any open air fire unless a permit is issued; and the Massachusetts Comprehensive Fire Safety Code, which gives local fire chiefs the authority to impose additional limits.

Open burning is prohibited year-round in the cities and towns of Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Malden, Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West Springfield, and Worcester.

In the remaining communities, open burning season runs from Jan. 15 through May 1 with the following limitations. Local fire departments may deny a permit or set additional limitations if circumstances make open burning hazardous.

Only certain agricultural waste may be burned. This includes brush, cane, driftwood, residential forestry debris, fruit tree and bush prunings, raspberry stalks, infected bee hives, trees and brush from agricultural land clearing, and fungus-infected elm wood if no other acceptable means of disposal is available. It is unlawful to burn leaves, grass, hay, stumps, tires, household trash, construction materials, demolition debris, or brush, trees, cane, or driftwood from commercial or industrial land clearing.

Open burning may only be conducted:

  • With a permit issued in advance by the local fire department;
  • Between 10:00 am and 4:00 pm;
  • At least 75 feet from all dwellings and without causing a nuisance;
  • As close as possible to the source of material being burned; and
  • When it will not cause or contribute to a condition of air pollution.

Persons who burn unlawfully or allow a fire to grow out of control could be held liable for firefighting costs or face fines or even jail time.

Open Burning Safety

  • An adult should tend to the fire at all times and keep tools to extinguish it close by.
  • Burn small amounts at a time.
  • Never use gasoline, kerosene, or other accelerants to start the fire.
  • Don't wait for the fire department to tell you that it has become unsafe to burn: put the fire out if winds pick up or the weather changes. Most fires get out of control during sudden wind changes.
  • If the fire gets out of control, call the local fire department right away.
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