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Clearing the Air
by The Office of Supervisor Eric Mar and The Tobacco Free Project
On April 24, 2010, a new ordinance (San Francisco Health Code Article 19F) that expands protection from secondhand smoke, sponsored by Supervisors Eric Mar and John Avalos, went into effect. The new law updating the landmark legislation adopted in 1994 that protects residents and visitors from secondhand smoke was unanimously approved by the San Francisco Board of Supervisors and signed by the mayor. With this legislation, San Francisco has joined the long list of other Bay Area cities that have already expanded protection from secondhand smoke for their residents to include many outdoor areas.
“Inside or outside, there is no safe level of exposure to secondhand smoke,” said Supervisor Mar. “These added protections will now protect thousands more from secondhand-smoke-related toxins in the places where they live, play and work everyday.” Supervisor Mar worked closely with the San Francisco Tobacco Free Coalition on this policy, as well as several stakeholder groups.
Secondhand smoke, the third-leading cause of preventable death, was declared a toxic air contaminant by the California Air Resources Board in 2006. The 2006 Surgeon General’s Report on Secondhand Smoke also found there is no safe level of exposure. Additionally, researchers at Stanford University found that exposure in outdoor settings, such as outdoor dining areas, can be significant, depending on proximity to smokers, the number of smokers and wind conditions.
The San Francisco Department of Public Health will focus its efforts on educating commercial, residential and mixed-use property owners, and the general public during the next few months through educational mailings to commercial, residential and mixed-use property owners and other businesses as well as a media campaign, which began in June. Enforcement will begin following the educational awareness campaign.
The ordinance states that smoking outside entrances, exits, operable windows and vents of all buildings is only permitted at the curb of the nearest street, sidewalk or alley. If there is no curb within 15 feet of the building, smoking is prohibited within 15 feet of entrances, exits, operable windows and vents of any building.
Current wording required for signs posted at building entrances is: “Smoking only at the curb or at least 15 ft. from exits, entrances and operable windows.” The wording for required signs to be posted at building entrances will be revised to match the wording in Section 1009.22(e) regarding where smoking is permitted.
Until the required wording for signs posted at building entrances is revised, the Department of Public Health will not be enforcing the requirement to post signs at building entrances. The Department of Public Health will make signs available once the wording has been revised.
Frequently Asked Questions
Numerous questions have come up regarding the specifics of the enforcement and implementation of this new measure. Below, find the answers to the most common questions. Go to www.smokefreeSF.org for more information, including applications for exemptions. Applications are due July 30, 2010.
Q. What does a business have to do to comply with the new law?
A. Post clear and prominent signs at each entrance to the premises. Post clear and prominent no-smoking signs in any area on the premises where smoking is prohibited. Request that any person smoking in areas where smoking is prohibited under this article refrain from smoking. Remove any ashtrays from inside the premises. No persons, employer, business or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles within an enclosed area where smoking is prohibited.
Q. Are there any specific requirements for the no-smoking signs?
A. There are specific requirements for the signs at each entrance. However, these requirements are anticipated to change. The Department of Public Health will not be enforcing the requirement to post signs at building entrances until the required wording is revised. There are no specific requirements for signs in other areas.
Q. What about signage in other areas of a multiunit residence?
A. The entryway signage requirements are the same for commercial, mixed-used and multiunit residential buildings. However, for other areas of multiunit housing complexes, the signs need only be posted in the common building lobby, common mailbox area or common elevator.
Q. Do I have to physically remove someone who is smoking on my premises?
A. No. A request that someone refrain from smoking does not require the physical ejection of a person from the premises.
Q. What about people who are not my tenants and are smoking in the entryway? Do I have to stop them from smoking?
A. No, the law does not require a property owner or manager of a multiunit housing complex to enforce a smoking prohibition outside the building against persons who are not tenants of the building.
Q. What if I don’t see the person smoking? Do I still have to ask them not to smoke?
A. If your multiunit residential building has less than 16 units, you only have to make the request that a person refrain from smoking if you observe the person smoking in areas where smoking is prohibited under this article.
Q. What if I have more than 16 units in my building and don’t observe the person smoking? How can I ask them to stop?
A. If you receive a complaint from another tenant or the Department of Public Health, you must post a notice requesting that all tenants refrain from smoking.
Q. Do tenants have to have their doors closed while smoking?
A. Yes, the entry/exit door must be closed when smoking occurs inside a private residential unit that adjoins an enclosed common area of a multiunit housing complex.
Q. Can one of my tenants file a petition for a reduction in housing services because of this ordinance?
A. No, if the owner or manager has complied with all the requirements in this article, smoking in a multiunit housing complex where prohibited shall not be considered a substantial reduction in housing services that would qualify a tenant for a reduction in rent under San Francisco Administrative Code.
Q. What do I have to do if I get a complaint from a tenant or the Department of Public Health?
A. Upon receipt of a written complaint from a tenant or the Department of Public Health or when any person is observed smoking where smoking is prohibited, an owner or manager of a multi-unit housing complex must: post a notice in the building lobby, common mailbox area, or common elevator for a period of not less than ten days, advising that a tenant has been observed smoking in a portion of the building where smoking is prohibited under San Francisco Health Code Article 19F requesting that all tenants refrain from smoking in those areas. If there is no common building lobby, common mailbox area or common elevator, then the owner may provide notice to tenants in another reasonable manner. If the owner knows the identity of the tenant who was smoking in a prohibited area, the owner must additionally make the request to the tenant in writing, and keep a record of the request for a reasonable period of time.
The opinions expressed in this article are those of the author, and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Supervisor Eric Mar was elected in November 2008 to represent District 1, the Richmond District. The Tobacco Free Project of the San Francisco Department of Public Health was instituted in 1990 following the adoption of Proposition 99, the 1998 Tobacco Tax Initiative. For more information on the Secondhand Smoke Ordinance and how to comply go to www.smokefreeSF.org. Copyright © 2010 by Black Point Press. All rights reserved.