Norwood Board of Health upholds smoking fine

The Norwood Board of Health (BOH) met last week for a public hearing of an appeal from James Theos for a $100 fine of smoking in a workplace.

Health Department Assistant Director Abbie Atkins said she received a complaint from a neighboring entity within the 89 Access Rd. Office building regarding the smell of smoke coming up from one of the below-units, which turned out to be owned by the Micron Corporation.

According to the Micron website, the company supplies emergency medical services (EMS) equipment https://microncorp.com

Atkins said because of the complaint, she went to the office and met with John Theos – brother of the appellant – and said after John Theos granted her access to Suite 3, she immediately detected that tobacco smoke had been recently present.

“When I walked in, it’s an office suite, and there wasn’t anyone there at the time. The thing that really struck me was the overpowering odor of tobacco smoke,” she said.

She said John Theos admitted that his brother, who owns Suite 3 and works for Micron, was smoking in the suite. She said she issued a ticket for $100, because she said the smoke was overwhelming.

“I haven’t smelled smoke like that in a public or workspace, um, ever,” she said.

Atkins said James had been told several times not to smoke there.

“But I can’t get into family dynamics,” Atkins said.

James Theos then appealed the ticket with about 88 pages of testimony about how he felt the suite was not a workplace, and therefore not subject to the fine. Health Department Director Stacey Lane summarized his testimony, as he did not appear for the hearing, citing religious reasons.

“James feels that my inspection was not properly done,” said Atkins. “He feels that Suite 3 does not qualify as a workplace, which it obviously does. It’s not a residence, it’s a workplace. Even if someone goes in there for two seconds to grab something off a shelf, that is part of the workspace. These buildings are also not sealed up, otherwise you wouldn’t have these complaints about it.”

BOH member Carolyn Riccardi asked Lane about the nature of the religious exemption, and Lane said that was not within the purview of the hearing or the process.

“He just said his spiritual leader advised him not to come here in person, but he communicated that he is very serious about going through with the appeal – and he wanted to go through with the appeal – he just didn’t want to appear in person,” Lane said.

Lane also intimated that James Theos has the right to send a representative and/or just supply the written testimony, the latter of which he did.

Local 877 of the International Union of Operating Engineers President Michael Cannistraro filed the original complaint, and came to the appeal. James Theos is below 877’s office. Cannistraro said he wanted to make sure the smoking in the building stops, nothing more, because it’s made conducting the union’s business awkward, to say the very least.

“We represent professional and licensed trades people who maintain and operate many of the high-rises in Town; we have the majority of all hospitals – including Norwood Hospital that hopefully we get back up and running and we man again – we have some municipalities, universities like Harvard, and we represent those licensed trades guys,” he said. “When you get into the medical part of it, we entertain many negotiations in our offices with health officials. It’s been a little embarrassing that I’ve had to spray Febreeze and have plug-ins all around the unit. I’ve also got a few individuals sensitive to those fragrances.”

Cannistraro said it’s been going on for a while, and the smoke would reach the entire suite.

“This has been going on for almost two years,” he said. “But it took us, I don’t know, three or four or five months to even wonder what it is. You’d come in the morning and there is the pungent odor of cigarette smoke. I’m not going to say I am allergic to smoke, but I could sense it right away. My staff doesn’t smoke. The concentration of it was when you walk in our front door… It was clouded with smoke.”

Cannistraro said he’s been down there about a dozen times to ask them to stop, and it would for a bit, then start up again. He said also he noticed the inside of the building had smoke damage.

“If you walked into that unit 3, you’d probably have to take a shower when you left,” he said. “It’s strong. Everything is a little yellowed. It’s not good.”

The Board voted to uphold the fine of $100, and to send a letter informing James Theos that the fine goes up on the subsequent offenses.