County Bans Smoking in All Multi-Unit Residences

Sonoma County, North California, banned all smoking in multi-unit residences. This includes not only common property (hallways, parkades, grounds, common rooms and laundries, and more) but private units as well.

It will be phased in over 16 months – with common areas falling under the smoking ban in 180 days, new units a bit later, and then already built private units on 12 January 2013.

I’m a committed non-smoker, but I still find this kind of blanket smoking ban on private residences heavy handed and intrusive. I’ve commented before (here and here) that this is something that should be done at the condominium or HOA level, but not at the municipal level. And even then I’ve been hesitant to support this at all.

It’s rhetorical and silly but I add “should they look at banning ethnic food or outdoor bbqs” – specifically where bbq smoke has been identified as carcinogenetic, and I’ve been well known to whip up a whole kick-ass cloud of that fatty black soot for my neighbours to inhale.

The ruling is good news for the 85% of non-smokers (according to Sonoma County), but I can not wonder if this action is too much an intrusion, and if exemptions can be granted for medial smoking (which is not indicated in the motion).

Strata Fines Resident $25 for Smoking Creating “activities causing nuisance or hazard to others”

The only organization that should be fined for “causing nuisance … to others” should be the board of the Chelsea Gardens Strata Corporation for such a cowardly use of the by-laws.

The Chelsea Gardens Strata Corporation has been dealing with a series of complaints from a unit owner against their neighbour for smoking. It’s implied that the complaints arise mostly when the smoker is on their own patio, and the second-hand smoke drifts into the complainant’s unit. The complaints have been expressed to the corporation in 2009 and 2010, and recently they have been filed with the BC Human Rights Tribunal. It is scheduled for mediation in November 2011.

What I find interesting is the board’s response, at one point, to attempt to address the situation by fining the smoker $25 for breaking the by-laws though “activities causing nuisance or hazard to others.” The role of the board is in part to help the community live together in harmony and mediate the interaction of residents.

I can see how the board may have felt constrained – smoking is not an illegal activity, but they have a serious of complaints from an owner indicating that their health is being impaired by another resident. A $25 fine though seems ineffectual, token, and something that would cause more harm. It’s an action that seems to say to the complainant that the board is sympathetic to the complaint, but the amount of the fine indicates the response is toothless and meaningless. $25 will not pose a fiscal threat that encourages change in behaviour.

I would think that the board actually puts themselves in a more vulnerable role, especially given that smoking isn’t illegal, and they are regulating that activity. It’s a similar situation to those fatty carcinogenic plumes of bbq beef carcass smoke that fill my unit, issuing from several neighbours balconies and patios this summer.

When I buy into a condominium that allows pets, I assume that at least some of my neighbours will have pets and I will bump into them, sometimes on a daily basis. If I buy into a condominium that doesn’t outline in the by-laws a non-smoking policy on exclusive use common property (including balconies and patios), then I assume that some of my neighbours have the right to smoke there – and will take that right up.

For those that think that this comes from a smoker, I am a dedicated non-smoker. Euuugh – smoker breath.

Adding Flames to Condominiums Banning Smoking Anywhere

There is a small (small) percentage of condominiums that are moving towards completely smoke free for their owner units. Not just content to ban smoking in the common property, they have enacted by-laws that prevent smoking anywhere in the complex.

There are a variety of reasons for this – buildings that are old or improperly sealed between units will leak second-hand smoke between units (I once lived in a rental condo where my unit acted as a chimney for the unit directly below). Wood structure complexes have started doing it for fire and insurance reasons. Some just do it to promote a healthy community.

I’m not all that excited about banning smoking in titled spaces (units). I think there should be opportunity for owners to have some control over their private spaces (for the record I’m a non-smoker). It would be too easy for a condo to move from banning smoking to banning ethnic foods in my mind. There is a level where protection in many issues become ethnic division – indeed, if everybody was exactly like you we would never have strife!

Anyways, there’s been another fire caused by cigarettes left improperly disposed of. In this case most of the fire damage was limited to the originating unit, but the unit below (that’s always the case) suffered significant water damage (and some minimal fire damage).

That will add heat to the debate for condominiums looking to ban smoking in owner residence as well.

Discarded cigarettes cause Millcreek condo fire – Salt Lake Tribune
Cigarettes spark Millcreek condo fire, officials say -Desert News