Skip to main content

Featured Post

Atlantic Yards/Pacific Park infographics: what's built/what's coming/what's missing, who's responsible, + project FAQ/timeline (pinned post)

Pacific Park bans smoking in affordable buildings (plus condo common areas); where are "designated smoking areas"?

I wrote recently about the unintended consequences of the smoking ban at the 535 Carlton residential tower in Atlantic Yards/Pacific Park, with resident smokers going out on the sidewalk and even across the street. 

Housing Connect notice for 535 Carlton
According to city housing lottery notices, smoke-free buildings include 461 Dean535 Carlton, and 38 Sixth. The latter two are "100% affordable," while 461 Dean is 50% below-market.

It's a little fuzzier at the condo building 550 Vanderbilt. This rental listing says it's smoke-free, but the Seventh Amendment to the Offering Plan for the 550 Vanderbilt condominium allows for smoking inside apartments:
SMOKING AND ODORS
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.
Few options for renters

535 Carlton front
Smokers--at the rental buildings, at least--don't seem to have many options. Smoking is banned in the project open space.

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.

LEED Certification

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:
Intent
To prevent or minimize exposure of building occupants, indoor surfaces, and ventilation air distribution systems to environmental tobacco smoke.
Requirements
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.

Comments