A. "Presumptively reasonable distance" shall be as set forth in RCW 70.160.075.

B. An individual seeking to rebut the presumptively reasonable distance must submit to the District Administrator or their designee a technical certification by a Professional Engineer or Certified Industrial Hygiene Specialist attesting that a lesser distance will not expose employees and/or patrons to second hand smoke. Technical data supporting such determination must accompany certification. No fee is required for rebuttal submission.

C. The District Administrator or their designee shall accept properly prepared rebuttals on their merits. However, upon confirmation of public and/or employee complaints alleging repeated exposure to secondhand smoke, the District Administrator shall revoke prior approval authorizing a lesser distance and require full compliance with the presumptively reasonable distance as defined by RCW 70.160 unless a facility/business owner can show by a preponderance of evidence that they have implemented controls which mitigate noted concerns. (Res. 2006-002 § 1)