Pacific Park bans smoking in affordable buildings (plus condo common areas); where are "designated smoking areas"?
|Housing Connect notice for 535 Carlton|
SMOKING AND ODORSFew options for renters
18.1. No cigarette, cigar, or pipe smoking is permitted in any of the public areas including but not limited to: stairways, hallways, roof deck, basement and elevators. Anyone entering the building or leaving a unit must extinguish all cigarettes, cigars and pipes.
18.2. Residents may not permit any offensive odors to emanate from their Units, or create any nuisance, that interferes with the comfort and convenience of another Resident. In particular, a Resident may not permit any cigarette, cigar, pipe or marijuana smoke from leaving its Unit and entering into a Common Area or another Unit. If a smoker in one Unit creates second-hand smoke in another Unit, the smoker will be responsible for all costs and expenses incurred to seal both Units. In addition, the Board of Manager may seek a court order, at the smoker’s cost and expense, to enjoin the Resident from permitting such smoke from leaving its Unit.
|535 Carlton front|
A sign (right) adjacent to the door at 535 Carlton indicates that "This is a Smoke-Free Property" and says "Thank you for not smoking," though it doesn't designate a smoking area.
The condo building, 550 Vanderbilt, is supposed to have "designated smoking areas located at least 25 feet from all entries, outdoor air intakes and operable windows"--though I'm didn't see anything marked.
Below is the rule, as per the Third Amendment to the Offering Plan for the 550 Vanderbilt condominium, relating to LEED (Leadership in Energy and Environmental Design) certification, the "most widely used green building rating system in the world," issued by the U.S. Green Building Council.
|At 535 Carlton front|
Because the certification mentioned in the condo document is required "pursuant to the Pacific Park Project Documents," it's reasonable to assume some version applies to all the buildings:
In connection with LEED Certification of the Building, as required pursuant to the Pacific Park Project Documents, new Section 6.11.7 is hereby included in the form of ByLaws set forth as Exhibit 7 to the Plan: “6.11.7 The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe, or any form of lighted object or device which contains tobacco, including all kinds of e-cigarettes (collectively, “Smoking”) shall be prohibited in all common areas of the Building. Outside of the Building, Smoking shall only be permitted within designated smoking areas located at least 25 feet from all entries, outdoor air intakes and operable windows; appropriate signage will be installed and maintained at all Building entrances to indicate the aforementioned no-smoking policy. Any violation of this Section 6.11.7 by an occupant of a Residential Unit, including any violation by a guest thereof, shall be subject to such remedies as are available to the Board under Section 6.18 of the By-Laws, including, without limitation, the imposition of fines and penalties as the Board may deem appropriate. The Board shall further amend the By-Laws to reflect any additional or revised provisions or restrictions with respect to Smoking as may be required from time to time in connection with LEED Certification of the Building, and each Residential Unit Owner shall be deemed to have consented thereto.”The overall LEED guidelines
That policy above mirrors the LEED guidelines for Environmental tobacco smoke control in new residential construction:
To prevent or minimize exposure of building occupants, indoor surfaces, and ventilation air distribution systems to environmental tobacco smoke.
Prohibit smoking inside the building.
Prohibit smoking outside the building except in designated smoking areas located at least 25 feet (7.5 meters) from all entries, outdoor air intakes, and operable windows. Also prohibit smoking outside the property line in spaces used for business purposes.
If the requirement to prohibit smoking within 25 feet (7.5 meters) cannot be implemented because of code, provide documentation of these regulations.
Signage must be posted within 10 feet (3 meters) of all building entrances indicating the no-smoking policy.