PUBLIC HEALTH DEPARTMENT

Drifting Tobacco Smoke in Multi-Unit Housing (MUH)

April 4, 2011 – City CouncilEric Walsh, MD, MPH/Director & Health Officer

Public Health Department

Joy Guihama, MPH/Division Manager and Statice Wilmore/Program CoordinatorHealth Promotion and Policy Division/Tobacco Control Program

Drifting Tobacco Smoke in MUHBackground on Issue

In May 2008, City Council directed staff to research issues related to drifting tobacco smoke in multi-unit housing and to return with information on the problem.

In March 2010, following the MUH informational report presented, the Public Safety Committee directed staff to come back with recommendations to address the problem.

February and March 2011, Public Safety Committee heard comments from the Public, as well as a report from staff and voted to move the issue to the full Council for discussion without recommendation.

Staff gathered and/or researched related information on 1) health impacts, 2) existing state/city codes, 3) other communities with ordinances and 4) community input.

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City of Pasadena Recognized asLeader in Tobacco Control

Over the last 20 years, the City has developed and enacted tobacco control policies, reducing youth access to tobacco and the public’s exposure to harmful secondhand smoke.

In 2008, City Council adopted a comprehensive policy to prohibit smoking in certain outdoor areas:> 20-feet from business entryways; > At outdoor dining areas; > At outdoor shopping malls; and > In other designated outdoor public spaces.

There are protections from exposure to secondhand smoke where the public work, eat, and play. However, many are still exposed to harmful drifting tobacco smoke where they live.

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Health Effects of Secondhand Smoke (Drifting Tobacco Smoke)

The 2010 Surgeon General Report states: “There is no safe level of exposure…inhaling the complex chemical mixture of combustion compounds in tobacco smoke causes adverse health outcomes, particularly cancer, cardiovascular and pulmonary diseases, through mechanisms including DNA damage, inflammation, and oxidative stress.”

There are more than 200 scientific research and peer-reviewed articles documenting the dangers of secondhand smoke. Approximately 20+ studies are specific to multi-unit housing have

shown that tobacco smoke drifts from neighboring units, vents, patios, balconies, open windows/doors, light fixtures, and plumbing. Bohac DL; Hewett MJ; Hammond SK; Grimsrud DT. Secondhand Smoke Transfer and Reductions by Air Sealing and

Ventilation in Multiunit Buildings: PFT and Nicotine Verification. Indoor Air, published online 20 July 2010.

Wilson, KM; Smith, Michael, Tobacco-Smoke Exposure in Children Who Live in Multi-Unit Housing. Pediatrics. 2011; 127: 85-91. (www.medpagetoday.com/primarycare/smoking/23879)

Winickoff , J; Gottlieb, M; Mello, M. Regulation of Smoking in Public Housing. New England Journal of Medicine. 2010; 362: 2319-2325.

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Drifting Tobacco Smoke in MUHInformation on California Communities

Statewide (as of October 2010, over 30 MUH policies in CA*)

Most MUH policies (34) prohibit smoking in common areas and 13 cities/counties have ordinances that prohibit smoking within a certain percentage of units. Compliance times for landlords to designate nonsmoking units range from 90

days to five years.

Recently the Los Angeles City Council directed its City Attorney to prepare an ordinance to address smoking in certain outdoor areas and in common areas of apartment buildings.

(*Note: As reported by the Center for Policy and Organizing)5

Drifting Tobacco Smoke in 100% MUHInformation on California Communities

The most comprehensive ordinances designating 100% smoke free MUH are Richmond and South Pasadena.

South Pasadena – 100% of units be non-smoking by 9/4/13.

Richmond – 100% of units to be non-smoking, made effective 1/1/2011.

Belmont – 100% of units to be non-smoking; but allows a 14 month grace period for current cigarette smokers.

Sebastopol – 100% of units to be non-smoking by 11/2/2011.

Most recently adopted policies (~last 90+ days) in Union City and Santa Clara County will require 100% of units to be non-smoking. 6

Two Community Surveys

2008 (N=900 residents; smokers oversampled at 18%):

77% support policy to prohibit smoking in outdoor common areas

63% support a policy to prohibit smoking inside residential units and to prohibit smoking on residential balconies and patios

2009 (N=114 MUH residents; smokers oversampled at 16%):

79% wanted to be protected from smoke entering their homes

75% would prefer to live in a non-smoking section of the building and 72% wanted to live in a completely non-smoking building

80% were in favor of a law requiring some units to be non-smoking, with 74% stating it should be applicable to new and existing buildings

Drifting Tobacco Smoke in MUHLocal Opinion Polls

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Staff conducted outreach sessions with more than 14 relevant MUH groups during late spring/early summer of 2010 to obtain input on initially proposed MUH smoking restrictions. Groups included:

Apartment Association of Greater LA (AAGLA)

California Apartment Association (CAA)

Foothill Apartment Association (FAA)

Pasadena Chamber of Commerce

Pasadena Housing Practitioners Advisory Meeting

Pasadena Neighborhood Coalition

Drifting Tobacco Smoke in MUHLocal Business Sector Outreach

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Overall Health and Economic Benefits in Addressing Drifting Tobacco Smoke in MUH

Reduces level of tobacco exposure-markers in nonsmokers, especially lowering risks among infants/children from middle ear infections, premature births, low-birth weight babies, Sudden Infant Death Syndrome (SIDS) and other diseases.More than 250 poisonous ingredients identified in tobacco smoke,11 of

which are class A carcinogens. Epidemiologic studies show involuntary exposure to tobacco smoke linked

to increased cancer risks, heart disease, pulmonary disease, asthma attacks and sudden infant death syndrome.

No smoking policies in homes/housing also encourages smoking cessation and discourages initiation of smoking by youth.

Reduces fire hazards. Reduces insurance premiums for landlords/owners. Offers faster turnover of smoke free units.

Reflects CA, LAC and local nonsmoking rates, community trends.9

Drifting Tobacco Smoke in MUHRecommendation A

A. Specifically define secondhand smoke as a public nuisance under Pasadena Municipal Code Section (PMC) 8.04.020 “P” and subject to an administrative penalty pursuant to PMC Chapters 1.25 and 1.26.

CA Civil Code defines a nuisance as anything harmful to health, or indecent or offensive to the senses, so as to interfere with the comfortable enjoyment of life or property.

Nuisance already exists in the Pasadena Municipal Code, section 8.04.020 “P” under the general nuisance provisions. It defines nuisance as “any accumulation of rubbish, filth, garbage, liquid waste, dust, smoke, fumes…to be offensive to the senses of the public or detrimental to public health.” 10

Drifting Tobacco Smoke in MUHRecommendation B

B. Prohibit tobacco smoking on patios and balconies, and in outdoor common areas, of multi-unit housing;

Establishing non-smoking buffer zones would minimize and control unwanted exposure to harmful drifting tobacco smoke in all multi-unit housing.

Minimizes drifting tobacco smoke exposure especially to children and youth in common areas, such as pool areas, courtyards, etc.

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Drifting Tobacco Smoke in MUHRecommendation C

C. Require disclosure of the ordinance requirements to all prospective and existing tenants and buyers in rental, lease and purchase agreements by January 2012;

Most people want to be compliant with existing laws. Disclosure provides communication to existing and potential tenants and owners of the ordinance, to ensure no-smoking provisions are clearly stated.

Other California communities have incorporate disclosure language into their MUH notification and implementation process.

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Drifting Tobacco Smoke in MUHRecommendation D

D. Establish phase-in period for 100% smoke free multi-unit housing by 2014.

Provides sufficient staff time to educate and provide technical assistance to landlords/owners.

Allows owners and landlords ample time to implement recommendations as part of multi-year phase-in plan.

Final phase-in of this specific recommendation will allow time for industry trends to reflect current non-smoking status and patterns, while still addressing current issues of impacted residents.

Based on scientific evidence of the dangers of 2nd and 3rd hand smoke on individuals who are not in a position to make complaints.

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Drifting Tobacco Smoke in MUHProposed Implementation & Enforcement

Amendments to the PMC will be enforced by the Public Health Department.

It is anticipated that these costs can be absorbed within the current operating budget. However, based on actual implementation, adjustments may be needed to ensure successful implementation Staff estimates that the enforcement cost of both 1) phase-in of program implementation and 2) monitoring is approximately $58,000.

This includes $8,000 for implementation costs such as materials and other administrative costs related to signage and mailing notification.

Ongoing funding of approximately $30,000 is from tobacco retail licensing fees which is designated for enforcement use. It is recommended that this be applied to cover .50 FTE.

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Drifting Tobacco Smoke in MUHProposed Implementation & Enforcement

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Drifting Tobacco Smoke in MUHAgenda Report Recommendations

The proposed recommendations reflect input from impacted relevant MUH housing entities and community members, in order to take a comprehensive approach to address and reduce harmful drifting tobacco smoke or secondhand smoke in multi-unit housing.

Adoption of the staff recommendations would bring Pasadena more in line with over 30 other California communities. It would also bring about more consistent practices with the nearby

communities of Burbank, Glendale and South Pasadena, which have already addressed this growing issue through city legislation.

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Drifting Tobacco Smoke in MUHAgenda Report Recommendations

It is recommended that the City Council: Find the proposed action is exempt from the California Environmental

Quality Act (CEQA) pursuant to the State CEQA Guidelines, Sec.15308; Direct the City Attorney to prepare and return within 60 days with

amendments to the Pasadena Municipal Code to restrict smoking in multi-unit housing by amending the City’s municipal code as follows:

A. Specifically define secondhand smoke as a public nuisance under Pasadena Municipal Code Section (PMC) 8.04.020 “P” and subject to an administrative penalty pursuant to PMC Chapters 1.25 and 1.26.;

B. Prohibit tobacco smoking on patios and balconies, and in outdoor common areas, of multi-unit housing;

C. Require disclosure of the ordinance requirements to all prospective and existing tenants and buyers in rental, lease and purchase agreements by January 2012; and,

D. Establish phase-in period for 100% smoke free multi-unit housing by 2014. 17