Smoking Policy Draft

Please provide board members your thoughts

Legacy Inn Common Area Proposed Smoking Rule

The purpose of this proposed rule is to protect all Community Members from
involuntary exposure to cigarette smoking and other forms of lighted tobacco use in public areas as outlined. Medical evidence has indicated cigarette smoking and other forms of tobacco use to have serious health effects on the primary user in addition to secondary and tertiary non-users in the vicinity. Children are especially vulnerable to the damaging effects of these products. The Board aims to protect non-tobacco/nicotine using Community Members and children from unintended exposure in Legacy public areas.  The results of the owners survey conducted indicate the vast majority are in favor of establishing a smoking rule as described below:

This rule prohibits the use of lighted tobacco products including, but not limited to: cigarettes, cigars, pipes, e-cigarettes, and vaping devices. These devices emit smoke which, even in outdoor public areas, can be inhaled by non-users, including children. Vaping devices that utilize changeable cartridge liquids that may or may not contain nicotine are also prohibited in these areas.

This new rule shall apply to the following areas: All common and limited common areas, including but not limited to: balconies, walkways, lobby, elevator, pool area, parking area and stairs. Lighted tobacco products will be prohibited these areas.

BACKGROUND INFORMATION:

What Is Secondhand Smoke? (CDC)

Secondhand smoke is smoke from burning tobacco products, such as cigarettes, cigars, or pipes.1,5,6

Secondhand smoke also is smoke that has been exhaled, or breathed out, by the person smoking.5,6

Tobacco smoke contains more than 7,000 chemicals, including hundreds that are toxic and about 70 that can cause cancer.1

Secondhand Smoke Harms Children and Adults

There is no risk-free level of secondhand smoke exposure; even brief exposure can be harmful to health.1,2,6

Since 1964, approximately 2,500,000 nonsmokers have died from health problems caused by exposure to secondhand smoke.1

Health Effects in Children

In children, secondhand smoke causes the following:1,2,3

Ear infections

More frequent and severe asthma attacks

Respiratory symptoms (for example, coughing, sneezing, and shortness of breath)

Respiratory infections (bronchitis and pneumonia)

A greater risk for sudden infant death syndrome (SIDS)

Health Effects in Adults

In adults who have never smoked, secondhand smoke can cause:

Heart disease

For nonsmokers, breathing secondhand smoke has immediate harmful effects on the heart and blood vessels.1,3

It is estimated that secondhand smoke caused nearly 34,000 heart disease deaths each year during 2005–2009 among adult nonsmokers in the United States.1

Lung cancer1,7

Secondhand smoke exposure caused more than 7,300 lung cancer deaths each year during 2005–2009 among adult nonsmokers in the United States.1

Stroke1

Smoke free laws can reduce the risk for heart disease and lung cancer among nonsmokers.1

The New Jersey Smoke-Free Air Act (NJ SFAA)

The NJ SFAA was passed by the New Jersey legislature and signed by the Governor in January, 2006. Effective April 15, 2006

Hotels and multiple dwellings

The owner shall eliminate or abate any odors arising out of the use or occupancy of the premises which constitute a nuisance that is harmful or potentially harmful to the health and wellbeing of ordinarily sensitive occupants or users. NJAC 5:10-6.2. Enforced by the New Jersey Bureau of Housing Inspection, which may authorize a municipality to enforce. A municipality or county may contract with the Bureau to perform inspections in response to complaints received by the Bureau. NJAC 5:10-1.3(a) and (b)(12). Also enforced by the local board of health through local health personnel. NJSA 26:3-19.

Note: For problems in a HUD-subsidized dwelling, contact the county HUD office. See also Section 504 of the Federal Rehabilitation Act of 1973, as amended, and the Federal Fair Housing Act of 1968, as amended.

Nuisance The following may apply to hotels, multiple dwellings, and multi-tenant office buildings: Local boards of health shall pass, alter, or amend ordinances and make rules and regulations to declare and define what constitutes a nuisance in all public and private places. Local boards of health shall also examine and prohibit any nuisance, offensive matter, foul or noxious odors, gases, or vapors which may be known to the board of health or brought to its attention, which, in its opinion, is injurious to the health of inhabitants. The local board of health (or its health officer or registered environmental health specialist) shall then cause the nuisance to be removed and abated by either (1) notifying the owner to remove or abate the nuisance at the owner’s expense, and providing a copy of the notice to the tenants or occupants; or (2) instituting an action in Superior Court to seek injunctive relief to prohibit the nuisance. NJSA 26:3-45 through 63, and NJAC 8:52-3.6 generally. The local board of health can also employ personnel, such as health officers, for enforcement. NJSA 26:3-19.

The Commissioner of Health can require a local health department to enforce nuisance laws or regulations if a local board of health fails to do so. The Commissioner first notifies the local board of health to give that board an opportunity to explain its failure. If no good reason exists for that failure, then the Commissioner shall issue an order directing that local board of health to enforce the law or provisions of the State Sanitary Code. If the local board of health then fails to comply, the Commissioner shall take necessary action to perform the acts specified in the order. NJSA 26:1A-23 through 24.

The Commissioner of Health can also determine the existence of a nuisance and require a local board of health to act. Whenever any nuisance or source of foulness is, in the State Health Commissioner’s opinion, hazardous to a person’s health, the Commissioner may cause a written notice to be sent to the local board of health, requiring it to cause the nuisance or source of foulness to be abated within the time specified in the notice. If the local board of health fails to abate the nuisance, the Commissioner may institute an action in Superior Court to stop the nuisance or source of foulness. NJSA 26:1A-26 through 30.

A person commits a petty disorderly offense if, with purpose to harass another, s/he engages in alarming conduct or repeatedly committed acts with purpose to alarm or seriously annoy another person. NJSA 2C:33-4. A person is guilty of maintaining a nuisance when s/he, by conduct either unlawful or in itself unreasonable, knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons. The court may order an immediate abatement of the nuisance. NJSA 2C:33-12 to 12.1.

Nuisance (may apply to hotels, multiple residential, office, and commercial buildings)

Local boards of health shall define what constitutes a nuisance in all public and private places and prohibit any nuisance or noxious gases which are injurious to health. NJSA 26:3-45 through 63 and NJAC 8:52-3.6 generally. A person commits a petty disorderly offense if, with purpose to harass, s/he engages in acts that annoy another person or endanger the safety or health of a considerable number of persons. NJAC 2C:33-12 through 12.1