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Utah
Smoke-Free Apartment and Condominium Guide |
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Secondhand
Smoke & Multiple Dwellings |
"The
thought of cancer-causing chemicals circulating
throughout apartments and condominiums can be
quite unsettling." |
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Ventilation
Issues |
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Housing
Laws |
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Utah
Second Hand Smoke Amendments |
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Especially
for Managers and Tenants |
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Statewide
Smoke-Free Apartment and Condominium Directory |
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Utah
Libre de Humo de Cigarrillo. Guía de Condominios
y Apartamentos - El Directorio estatal del estado de
Utah
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Educational
Resources |
Secondhand
Smoke and Multiple Dwellings: |
Secondhand
smoke (SHS) is the third leading cause of preventable
disease in the U.S. Approximately 50,000 individuals die
each year as a result of SHS exposure. The smoking of
neighbors poses a health threat to residents of apartments
and condominium complexes. The thought of cancer-causing
chemicals circulating throughout their apartments and
condominiums can be quite unsettling. Secondhand smoke
from one unit to another unit may seep through cracks,
or travel by a shared ventilation system and enter into
the living space of another. According to the 2006 Surgeon
General’s Report, “ The Health Consequences
of Involuntary Exposure to Tobacco Smoke", there
is no risk-free level of exposure to secondhand smoke.1
What
is Secondhand Smoke? To find out more go to:
http://www.tobaccofreeutah.org/ets.html
Health
Effects of Secondhand Smoke on Children.
Children
exposed to secondhand smoke are at an increased risk
for asthma and worsening of asthma symptoms, sudden
infant death syndrome (SIDS), acute respiratory infections,
ear problems, and more severe asthma.2 Smoking
by parents causes respiratory symptoms and slows lung
growth in their children. These effects can last a lifetime.3
In
Utah, 22,100 or 2.8 percent of children (ages 0 –17)
live in households where someone smokes inside the home.
Of the children who live in rented homes, 5.1% (6,900
children) are exposed to secondhand smoke. Since 2001,
the overall number of children exposed to secondhand
smoke has decreased by 53%. The percentage of children
exposed to secondhand smoke in rented homes decreased
from 12.6% in 2001 to 5.1% in 2005. 4
To
find out more go to:
http://www.abcs_of_ets.htm
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Ventilation
Issues |
Shared
ventilation systems are a major concern for those living
in apartment and condominiums
Consider these facts:
- Commercial
air filtering systems are designed to remove the odor,
not the cancer-causing substances.
- Shared
ventilation systems can cause tobacco smoke to blow
from one room to another.
- Secondhand
smoke can seep into and out of open windows and doorways.
- Secondhand
smoke lingers in a room long after the smoking has
stopped.
The
U.S. Surgeon General’s 2006 Report concludes that
eliminating smoking in indoor places fully protects
nonsmoker’s from exposure to secondhand smoke.
Separating smokers from nonsmokers, cleaning the air
and ventilating buildings cannot eliminate exposures
of nonsmokers to secondhand smoke. 5
Research
studies have found there is no safe level of exposure
to secondhand smoke; even low levels of secondhand smoke
can cause illness or even death. Blowing smoke away
from children, going into another room to smoke, or
opening a window may help reduce children’s exposure,
but will not protect them from the dangers of secondhand
smoke. Air filters and air purifiers will remove some
particles from the air, however, they cannot remove
the particles that have settled on walls, carpets, etc.
The American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE), the preeminent U.S. body on ventilation
issues, has concluded that ventilation technology cannot
be relied on to control health risks from secondhand
smoke exposure. At present, the only means of effectively
eliminating health risk associated with indoor exposure
is to ban smoking activity. 6
For
additional information on ventilation issues and research
studies visit American
for Nonsmokers’ Rights at: http://www.no-smoke.org/getthefacts.php?dp=d20
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Housing
Laws |
The
right of nonsmokers to be free from exposure to secondhand
smoke is protected by both legislation and judicial law.
There are federal, state, and local laws protecting nonsmokers.
Many judicial rulings have applied general laws relating
to the workplace, housing and even prisons to protect
nonsmokers. Although many of these court rulings will
not provide a direct legal precedent for nonsmokers, they
may provide some ideas for a legal strategy to pursue.7
It is legal for managers and landlords to make rental
units smokefree.
- Smokers
are not considered a protected group under anti-discrimination
laws.
- Smoking
is not considered a “constitutional right”.
Therefore a building manager or
landlord has the right to restrict smoking in the
building, just as he/she chooses to not allow pets.
- In
federally subsidized housing, one cannot refuse to
rent to a smoker, but can prohibit
smoking in the unit. The policy is acceptable only
if it targets the behavior, not the smoker. That is,
smokers can rent, but are not allowed to smoke in
the building.
- Smoke-free
housing is permitted under Utah law.
See
Utah Second Hand Smoke
Amendments
Federal
Fair Housing Act (1988)
The federal Fair Housing Act (FHA) prohibits discrimination
based on race, color, religion, sex, family status,
national origin, or disability. The FHA prohibits discrimination
against people with disabilities, including those with
severe breathing problems. The FHA prohibits such discrimination
by owners and operators of most housing, including apartments
and Section 8 and other HUD assisted housing. For more
information link to:
http://www.usdoj.gov/crt/housing/title/8.htm
HUD (Housing and Urban Development) According
to HUD, managers and owners can prohibit smoking and
make common areas and units smokefree. HUD’s legal
Counsel letter of July 2003 states that apartment owners
are free under federal law to make their buildings totally
smokefree, so as long as they grandfather current residents
who are smokers. For more information on HUD Housing
in Utah, please contact:
Salt
Lake City Field Office
Department on Housing and Urban Development
125 S State Street, Suite 3001
Salt Lake City, Utah 84138
(801) 524-6070
For more information go to:
http://www.hud.gov/local/index.cfm?state=ut
In
order to help landlords make more educated decisions
about smoking policies in their buildings, the Smoke-Free
Environments Law Project (in Michigan) requested information
from the Housing & Urban Development (HUD) field
office in Detroit about this issue. For more information
on the HUD Legal Counsel opinion, link on:
http://www.mismokefreeapartment.org/hudletter.pdf
American
with Disabilities Act. Non-smokers with serious
breathing disabilities have legal protection under the
American with Disabilities Act (ADA). Under these laws
people with disabilities have the right to reasonable
accommodations. To find out more go to: http://www.usdoj.gov/crt/ada/adahom.htm
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Utah’s
Secondhand Smoke Amendments (SHSA) |
In 1997, the State of Utah enacted amendments,
which establishes smoking as a nuisance under the law,
and gives apartment and condominiums the authority to
prohibit smoking in units, common areas or on the premises.
For complete information on Utah’s Secondhand
Smoke Amendments go to:
http://www.tobaccofreeutah.org/sechndsmokeam.html
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Managers/Tenants
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Information
for Managers/Owners/Landlords
This web page provides managers/owners/landlords helpful
information on SHS in apartments and condominium complexes
and useful tools to implement a smoke-free policy.
To view this section go to:
http://www.tobaccofreeutah.org/aptcondoguide-lom.htm
Information
for Tenants
This website provides tenants helpful information on
SHS in apartments and condominium complexes and useful
tools that will help your exposure to SHS. To
view this section go to:
http://www.tobaccofreeutah.org/aptcondoguide-ten.htm
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Utah’s
Secondhand Smoke Policy Implementation Guide |
The
purpose of this guide is to serve as a resource for
local health departments, community agencies, and other
tobacco prevention partners interested in implementing
secondhand smoke policies at the local level. As a manger
or landlord, this guide specifically addresses secondhand
smoke policy in multiple dwelling units and provides
helpful information in creating a smoke-free environment.
For complete details go to:
http://www.tobaccofreeutah.org/shsguide.html
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Utah
Smoke-free Apartment and Condominium Statewide Directory
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Managers and
owners list your property(ies) in the Utah Smoke-Free
Housing Directory
The statewide directory is a listing of rental properties
that provide smokefree housing in the State of Utah.
This listing is provided as a free service to managers,
owners and renters. Managers or owners who are interested
in listing your property can go to:http://www.tobaccofreeutah.org/aptcondoapp.pdf
Prospective
tenants or condominium owners
Go to the links below to see properties in Utah that
are smokefree.
English-
http://www.tobaccofreeutah.org/aptcondoguide-dir.htm
Español-
http://www.tobaccofreeutah.org/aptcondoguide-dirsp.htm
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Educational
Resources |
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Secondhand Smoke- Protect Your Family
(flyer)
http://www.tobaccofreeutah.org/comcenterflyer.pdf
(PDF 78 KB) |
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Secondhand
Smoke in Apartments and Condominiums: A Guide for Managers
and Owners
http://www.tobaccofreeutah.org/shsaptmgr-ownerguide.pdf
(PDF 90KB)
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Smoke-free
Housing in Utah, April 2006
http://www.tobaccofreeutah.org/sfaptguidenewsletter-april2006.pdf
(PDF 181KB)
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Secondhand
Smoke Guidance for Apartments and Condominiums
http://www.tobaccofreeutah.org/aptcondonewsletter-apr
2005
(PDF 180KB)
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Secondhand
Smoke in Apartments and Condominiums: A Guide for Residents
http://www.tobaccofreeutah.org/shstenantguide.pdf
(PDF
123 KB)
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ESPAÑOL |
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Humo
De Segunda Mano Guía Para Apartmentos Y Condominios
http://www.tobaccofreeutah.org/Apts_condos_newsletter_Spanish
(PDF 339KB) |
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Humo
de Segunda Mano Proteja a su Familia
http://tobaccofreeutah.org/shsflyer-espanol
(PDF
62 KB)
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Disclaimer-
Uah Smoke-free Apartment and Condominium Statewide Directory |
Rental
properties and condominium smokefree status is based on
submission by landlords, property managers, and/or owners.
Information supplied to readers is limited to the status
of specific properties according to those submitting information.
Listing in this guide is not a warranty or guarantee of
other housing-related issues and concerns. Information
is subject to change without notice. Readers are
encouraged to verify the smoke-free status of properties
listed and to consult with a legal advisor, if they have
questions, prior to entering into a contract or lease. |
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References |
1. |
US
Department of Health and Human Services. (2006)
The Health Consequences of Involuntary Exposure
to Tobacco Smoke: A Report of the Surgeon General.
Washington, DC: Department of Health and Human Services
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2.
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Jonathan M. Samet, Risk Assessment
and Child Health, 113 Pediatrics 952, (2004). |
3. |
US
Department of Health and Human Services. (2006)
The Health Consequences of Involuntary Exposure
to Tobacco Smoke: A Report of the Surgeon General.
Washington, DC: Department of Health and Human Services
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4. |
2005
Utah Department of Health. Utah Health Status Survey,
2001-2005. Salt Lake City: Utah Department of Health.
Center for Health Data |
5. |
US Department of Health and Human
Services. (2006) The Health Consequences of Involuntary
Exposure to Tobacco Smoke: A Report of the Surgeon
General. Washington, DC: Department of Health and
Human Services |
6. |
ASHRAE Report (Environmental Tobacco
Smoke, Positional Document, Approved by ASHRAE Board
of Directors, June 30, 2005). |
7. |
Americans for Nonsmoker's Rigts
(2003), January 1. Rights of Non-smokers. Retrieved
on February 27, 2007, from http://www.no-smoke.org/htmlpage.php?id=29
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