Hawaii Smoke-Free Homes Initiative. Objectives: Present risks of secondhand smoke and tobacco use....

Hawai‘i Smoke-Free Homes Initiative Hawai‘i Smoke-Free Homes Initiative Hawai‘i Smoke-Free Homes Initiative Hawai‘i Smoke-Free Homes Initiative

Hawai‘i Smoke-Free Homes InitiativeHawai‘i Smoke-Free Homes InitiativeHawai‘i Smoke-Free Homes InitiativeHawai‘i Smoke-Free Homes Initiative

Objectives:

• Present risks of secondhand smoke and tobacco use.

• Showcase benefits and legality of smoke-free policies.

• Introduce resources for creating 100% smoke-free homes.

• Highlight examples of smoke-free living in Hawai‘i.

• Identify local, state and national resources.

Questions to be answeredQuestions to be answeredQuestions to be answeredQuestions to be answered

• Why create a smoke-free apartment or condominium?

• Is it legal? Can we stop people from smoking in their own homes?

• What are benefits of smoke-free apartments or condominiums?

• Are there examples of smoke-free homes in Hawai‘i?

• What do we need/do if we want our building to be smoke-free?

• What local, state and national resources exist?

Uses for this presentationUses for this presentationUses for this presentationUses for this presentation

To help owners and tenants of multi-unit dwellings to create tobacco-free policies.

To increase awareness of negative health effects of secondhand smoke exposure in the home.

To inform parents of risks to their children because of secondhand smoke exposure.

To gain community support for the Hawai‘i Smoke-Free Homes Initiative.

Who can benefit from presentation?Who can benefit from presentation?Who can benefit from presentation?Who can benefit from presentation?

• Owners of condominiums, apartments & town homes

• Tenants of condominiums, apartments & town homes

• Boards & owners associations

• Resident & property managers

• Real estate agents & attorneys

• Tobacco-free and community advocates

• Chronic disease and other public health educators & professionals

• Community outreach professionals

• Social workers

Why create a smoke-free home?Why create a smoke-free home?Why create a smoke-free home?Why create a smoke-free home?

• Secondhand smoke can kill & can make illnesses worse.

• More people in Hawai‘i DO NOT smoke, than do!

• Health risks are the same in the home as anywhere else.

• Secondhand smoke cannot be controlled (smoke drift).

• May save owners money on insurance and cleaning costs.

• 100% ‘no-smoking’ policy on your property is ABSOLUTELY legal.

More reasons for smoke-free homesMore reasons for smoke-free homes More reasons for smoke-free homesMore reasons for smoke-free homes

The home is primary source of

secondhand smoke

exposure for children and,

along with the workplace, a

major source of exposure for

nonsmoking adults.

U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.


Millions of children & nonsmoking adults remain at risk for secondhand smoke exposure. Continued increases in the number of smoke-free workplaces, smoke-free public places, and smoke-free homes are needed to protect nonsmokers from this widespread and preventable health hazard.



Secondhand smoke causes premature death and disease

in children and nonsmoking adults.



Making homes completely smoke-free

substantially reduces secondhand

smoke exposure among nonsmoking

residents. Evidence also suggests that

smoke-free home rules help smokers

quit and reduce smoking initiation among

youth.


Secondhand smoke effectsSecondhand smoke effectsSecondhand smoke effectsSecondhand smoke effects

• Secondhand smoke is a Group A carcinogen — a substance known to cause cancer in humans for which there is no safe level of exposure.

• Secondhand smoke exposure causes heart disease and lung cancer in nonsmoking adults.

• Secondhand smoke causes sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more frequent and severe asthma attacks in children.

U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Atlanta, GA: US DHHS, CDC, Office on Smoking and Health, 2006, available at http://www.surgeongeneral.gov/library/secondhandsmoke/report/.

About the effects About the effects About the effects About the effects

The US Surgeon General:

Scientific evidence indicates that there is no risk-free level of exposure to

secondhand smoke. Breathing even a little secondhand smoke can be

harmful to your health.

U.S. Department of Health and Human Services. The health consequences of involuntary exposure to tobacco smoke: a report of the Surgeon General. Atlanta, GA: US DHHS, CDC; 2006, available at http://www.cdc.gov/tobacco/data_statistics/sgr/sgr_2006/index.htm.

“”

More about effectsMore about effectsMore about effectsMore about effects

The health dangers of secondhand smoke are NOT any different in residential settings than in workplaces;

Except, the health effects may be even more serious ...

• Little or no ventilation

• Continuous and concentrated exposure

• Chemical & particulate matters are bound to fabrics, paint, & other items and continue to outgas poisonous fumes and materials.

What about ventilation?What about ventilation?What about ventilation?What about ventilation?

Secondhand smoke cannot be controlled by ventilation or air cleaning.

Latest American Society of Heating, Refrigerating & Air-Conditioning Engineers (ASHRAE) on secondhand smoke (June ‘05):

At present, the only means of

effectively eliminating health risk

associated with indoor exposure is

to ban smoking activity.

www.ashrae.org

“

”

Only one effective approachOnly one effective approachOnly one effective approachOnly one effective approach

Only eliminating smoking in indoor spaces fully protects nonsmokers from secondhand smoke exposure. Other approaches, such as separating smokers from nonsmokers and ventilation, are not effective.


Cost of smoking in apartments/condosCost of smoking in apartments/condosCost of smoking in apartments/condosCost of smoking in apartments/condos

• Smoking damages residential property

– Poses fire hazard

– Causes burn damage to

carpets, counters, etc.

– Leaves smoke residue on

walls and curtains.

Cost of smoking in apartments/condosCost of smoking in apartments/condosCost of smoking in apartments/condosCost of smoking in apartments/condos

"Smoke-free apartment communities not only

promote a healthy resident population, but also a healthy

bottom line for owners and investors."

-Dave Watkins, Chairman of the Board of the National Apartment

Association

Restoring a smoke-damaged unitRestoring a smoke-damaged unitRestoring a smoke-damaged unitRestoring a smoke-damaged unit(Estimated on 2-bedroom, 2-bath unit)

$15,000

• Takes 4 days and 3 professional cleaning professionals.• Carpet, vinyl, and other porous flooring must be removed

and replaced.• If tobacco has infiltrated sub-floors it must be sanitized

and sealed.• Thermal Foggers & Ozone Machines must be used, 24-48

hours• Appliances need to be sanitized or replaced.• Porous surfaces and appliances (cabinets, doors, etc)

need to be sanitized and sealed or replaced.• Upholstery and furniture must be replaced.

National Estimate, Kennedy Restoration Certified Contractors www.kennedyres.com/

Issues of smoking in apartments/condosIssues of smoking in apartments/condosIssues of smoking in apartments/condosIssues of smoking in apartments/condos

• Complaints from non-smoking tenants about smoke drifting into their units.

• Legal action taken against landlords and/or boards who allow smoking in their buildings.

Is a 100% smoke-free policy legal?Is a 100% smoke-free policy legal?Is a 100% smoke-free policy legal?Is a 100% smoke-free policy legal?

YES! • There is no legal right to smoke.

• Smokers are NOT a protected class of people under federal, Hawai‘i state or local laws.

• Nothing stops landlords from prohibiting smoking on their property or in their units.

• In fact, it IS A LEGAL RIGHT, to live free from the hazards of secondhand smoke exposure.

Legal costsLegal costsLegal costsLegal costs

• Tenants negatively impacted by secondhand smoke have right to seek legal action against landlords who do not make adequate provisions to protect them.

• Breach of warranty of habitability and/or breach of warranty of quiet enjoyment

• Nuisance law violation – just as in cases where dogs are barking too loudly, neighbors are too loud after hours, etc.

• Negligence, harassment, trespass, constructive eviction, intentional infliction of emotional distress, battery

• Violations of housing or health codes

What you can legally doWhat you can legally doWhat you can legally doWhat you can legally do

• Apartment owners and condominiums are permitted by federal and state law to adopt total smoke-free policies.

• The U.S. Department of Housing and Urban Development says it is legal.

• Hawai‘i’s Attorney General has issued a letter that says it is legal.

Hawai‘i State Attorney General:Hawai‘i State Attorney General:Hawai‘i State Attorney General:Hawai‘i State Attorney General:

…state and federal law allows a privately-owned apartment or a

privately-owned condominium to adopt a smoke-free policy for

the property, including individual units and lanai…

Shari WongDeputy Attorney General

State of Hawai‘i

Approved by:Mark J. Bennett Attorney General

State of Hawai‘i

“”

HRS 514B-105(b)HRS 514B-105(b)HRS 514B-105(b)HRS 514B-105(b)

Associations may adopt rules and regulations that:

1. Prevent any use of a unit which violates the declarations or bylaws.

2. Regulate any behavior in or occupancy of a unit which violates the declaration or bylaws or unreasonably interferes with the use and enjoyment of other units or the common elements by other unit owners.

US Dept. of Housing & Urban Development US Dept. of Housing & Urban Development in Hawai‘iin Hawai‘i

US Dept. of Housing & Urban Development US Dept. of Housing & Urban Development in Hawai‘iin Hawai‘i

…regulating smoking in public housing units or in common areas is

a local decision…according to the Fair Housing and Equal

Opportunity Civil Rights analyst, smokers are not a protected

class under the Fair Housing Act.

Gordon Y. FurutaniField Office DirectorHawai‘i Field OfficeU.S. Dept. of Housing and Urban Development

“”

HUD house rulesHUD house rulesHUD house rulesHUD house rules

(decisions on) house rules for a property rests solely with the

owner...House rules must be related to the safety, care, and

cleanliness of the building or the safety and comfort of the

tenants…

U.S. HUD Public Housing Handbook 4350.3 REV-1

“

”

Smoke-free in Hawai‘iSmoke-free in Hawai‘iSmoke-free in Hawai‘iSmoke-free in Hawai‘i

16% of Hawaii’s condominiums and apartments

currently have a policy that completely

bans smoking on their property.

Krupitsky, D., Kishaba, G. Smoke-Free Policies in Hawai‘i’s Apartments and Condominiums. [Unpublished] version: April 20, 2007

Current smoking policies in apartmentsCurrent smoking policies in apartmentsCurrent smoking policies in apartmentsCurrent smoking policies in apartments

• 32% of apartments allow smoking both on lanai and in units.

• 4% don't allow smoking on lanai or in the unit.

• 9% allow smoking on lanai only.

• 19% allow smoking in the unit only.

Krupitsky, D., Kishaba, G. Smoke-Free Policies in Hawai‘i’s Apartments and Condominiums. [Unpublished] version: April 20, 2007

National trendNational trendNational trendNational trend

• The proportion of US households with

smoke-free home rules (voluntary household

rules not allowing smoking in any part of the

home at any time) increased from 43% in

1992–1993 to 72% in 2003.

• This proportion increased significantly in

every state over this period.


Setting PrecedentsSetting PrecedentsSetting PrecedentsSetting Precedents

• Merrill v. Bosser – Landlord held liable for secondhand smoke intrusion. Based on trespass, common law nuisance, and breach of covenant (Broward County, Florida).

• 65 local housing authorities across the nation have adopted smoke-free policies in multi-unit dwellings, including Michigan, Maine, Minnesota, Nebraska, Washington, California, Wisconsin, Oregon, Florida, Idaho, Montana, Indiana, and New Jersey (Smoke-Free Environmental Laws Project).

What can we do?What can we do?What can we do?What can we do?

To implement a smoke-free policy in a multi-unit dwelling:

• Add smoke-free provisions to leases.

• Add smoke-free policies in house rules and bylaws.

• Post signs and send out notices that this policy is in effect.

What can we do?What can we do?What can we do?What can we do?

To implement a smoke-free policy in a single family home:

• Make family policies about NOT smoking in the home.

• Let friends know that it is NOT okay to smoke in your home.

How do we start?How do we start?How do we start?How do we start?

To implement a smoke-free policy in a multi-unit dwelling or home:

1. Inform2. Assess3. Create4. Act5. Enforce6. Evaluate

1. Inform1. Inform1. Inform1. Inform

• Provide information on secondhand smoke effects.

• Provide cost benefits and information on legal liabilities and rights.

2. Assess2. Assess2. Assess2. Assess

• Do a simple assessment of your landlords/residents.

3. Create3. Create3. Create3. Create

• Create a smoke-free policy to insert into your by-laws and/or house rules.

4. Act4. Act4. Act4. Act

• Let your tenants/owners review and comment on the new policy.

• Add policy to your leases, house rules, and/or by-laws.

• Let people know that the new policy is being added and will be enforced.

5. Enforce5. Enforce5. Enforce5. Enforce

• Post signs that clearly state that no-smoking is allowed in units or on lanai throughout the building.

• Advertise policy implementation and enforcement plan in newsletters and through other industry media.

• Create sanctions within your smoke-free policy to deal with violations of the policy.

6. Evaluate6. Evaluate6. Evaluate6. Evaluate

• Assess your tenants/owners (after a

period of time) to get a feel for how

the new policy is working, and how

it is positively or negatively affecting

the property (e.g. number of

smoking violations, number of

complaints of smoke drift, etc).

• Make changes to your policy and/or

your enforcement efforts based on

feedback from tenants/owners.

Need Help?Need Help?Need Help?Need Help?

Go To:

www.hawaiismokefreehomes.org

What’s in the website toolkit?What’s in the website toolkit?What’s in the website toolkit?What’s in the website toolkit?

• Steps on how to create a smoke-free apartment or condominium building

• Data and research on the negative health impact of tobacco and secondhand smoke exposure

• Sample policies, by-laws, house rule language

• Legal analyses

• Financial analyses

• Sample no-smoking signs

• Highlight local apartments/condos who are smoke-free

• Personal stories

• Other helpful information

Community & government partnersCommunity & government partnersCommunity & government partnersCommunity & government partners

Coalition for a Tobacco-Free Hawaii

Hawaii State Department of Health

• Asthma Program

• Cancer Program

• Tobacco Prevention and Education Program

Hawaii Asthma Initiative

Mahalo!Mahalo!Mahalo!Mahalo!

For more information, please contact:

The Coalition for a Tobacco-Free Hawai‘i

808-946-6851

Hawai‘i Department of HealthTobacco Prevention and Education Program 808-586-4613

Hawai‘i State Asthma Control program

808-692-7472

Hawaii Smoke-Free Homes Initiative. Objectives: Present risks of secondhand smoke and tobacco use....

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