BACKGROUND:
At the April 2015 Family and Human Services Committee Meeting, Public Health presented its annual report on implementation of the County’s Secondhand Smoke Ordinance and discussed challenges to protecting residents, workers and visitors from secondhand smoke and electronic smoking devices. Of specific concern were issues for residents living in multi-unit housing. The Committee directed staff to work with County Counsel to draft an ordinance that would create 100% smokefree multi-unit housing for the unincorporated communities.
Staff presented a draft ordinance and report to the Family and Human Services Committee on November 13, 2017. The Committee accepted the report and recommendations, and directed staff to broaden the ordinance to include 100% smokefree hotels/motels and take the revised ordinance to the full Board of Supervisors early in the new year. Staff was also directed to conduct outreach to the California Apartment Association, hotels in the unincorporated county, and home owner associations that may be affected.
The draft ordinance, titled "Smokefree Multi-Unit Residences", as well as the red-lined version of the relevant sections of Chapter 445, are attached to this report for review and consideration.
The definition of “multi-unit residence” in the ordinance is unchanged and means a building containing two or more dwelling units, including but not limited to apartments, condominiums, senior housing, nursing homes and single room occupancy hotels.
The attached draft ordinance revises the County Code to:
- Prohibit smoking in all dwelling units in multi-unit residences.
- Require every new, renewed, or continued lease or other rental agreement for the occupancy of a dwelling unit in a multi-unit residence to include terms that prohibit smoking in the dwelling unit.
- Prohibit smoking in all guest rooms in hotels and motels.
In order to provide for sufficient notification to landlords and owners, staff proposes that the requirement to modify leases and other rental agreements will go into effect on July 1, 2018. Beginning July 1, 2018, every new, renewed, or continued lease or other rental agreement for the occupancy of a dwelling unit in a multi-unit residence must include terms that prohibit smoking in the dwelling unit. After July 1, 2018, smoking will only be allowed in a dwelling unit (1) that is subject to a lease or other rental agreement that authorizes smoking and only until that agreement is modified as required by the ordinance, or (2) that is owner-occupied and only until July 1, 2019. Staff will develop an implementation plan that will provide outreach and education to landlords and occupants in anticipation that all multi-unit housing residences will be smoke-free by July 1, 2019.
CONSEQUENCE OF NEGATIVE ACTION:
Residents of multi-unit housing residences will not be protected from secondhand smoke exposure to the fullest extent possible. Visitors and workers will not be protected from secondhand smoke exposure in hotels and motels to the fullest extent possible.
CHILDREN'S IMPACT STATEMENT:
While the vast majority of Contra Costa residents do not smoke, many people are exposed to secondhand smoke where they live, especially children, the elderly and persons with vulnerable illness who spend much of their time at home. Secondhand smoke and the harmful chemicals contained in the smoke are associated with causation of sudden infant death syndrome, respiratory infections, ear infections and asthma attacks in infants and children. The proposed ordinance supports the following two children's outcomes: Children and Youth Healthy and Preparing for Productive Adulthood, and Communities that are Safe and Provide a High Quality of Life for Children and Families.