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Disputes among smokers and nonsmokers living in apartment buildings and other close quarters are a perennial topic for Kokua Line. Rules vary according to the property type.
Secondhand smoke exposure “in multiunit housing is problematic because there is essentially no way to contain SHS in one space if there are adjoining walls,” said Jill Tamashiro, secondhand smoke coordinator for the Hawaii Department of Health’s Tobacco Prevention and Education Program. Smoke seeps through cracks, outlets and vents, and it is estimated that 65 percent of air is shared, so when “one person smokes, the whole building can essentially smoke.”
Question: We live in a senior complex, and there is a big feud going on between the smokers and the nonsmokers. The smokers feel like they have the right to do what they want. And the nonsmokers, well, everybody is too afraid to speak up because of age. Is there any legal document that we could present to management that outlines nonsmokers’ rights?
Answer: Chapter 328J-3.13 of the Hawaii Revised Statutes bans smoking in all enclosed or partially enclosed areas open to the public, including the lobbies, hallways and other common areas in apartment buildings, condominiums, retirement facilities and other multiple-unit residential facilities. Smoking is prohibited within a “presumptively reasonable minimum distance” of 20 feet from entrances, exits, windows that open, and ventilation intakes that serve such enclosed or partially enclosed areas.
If you live in housing owned and operated by the government, the ban applies even inside individual apartments. However, the senior complex you mentioned is a privately owned building with some tenants who receive government rental assistance; that is not the same as public housing.
Q: What are the rules for public housing?
A: No smoking is allowed on the property, indoors or out. The Hawaii Public Housing Authority may grant exceptions, but even then smoking would be outdoors, at least 20 feet from any building. The rules are spelled out in Chapter 356D-6.5 of the HRS, which became law after the Legislature passed a bill in 2014 prohibiting smoking in and around all housing owned and operated by the housing authority. For a report with a list of HPHA properties, see 808news/1VuAbnn.
Q: Can private buildings become smoke-free?
A: Yes, if most unit owners agree to change the building association’s bylaws. “Contrary to what some may believe, it is legal to … adopt a 100 percent smoke-free policy,” said Tamashiro, who encouraged residents of privately owned buildings to work with their building’s board of directors. The Coalition for a Tobacco-Free Hawaii and the Tobacco Prevention and Education Program can provide technical assistance. See hawaii smokefreehomes.org for more information.
“Condo bylaw changes need a supermajority vote of 67 percent of owners to agree to the change. A nonresponse vote is counted as ‘no,’ so this is quite a feat if you can imagine,” she said. “Nevertheless, we encourage individuals to pursue this route whenever possible as it is, so far, the strongest legal option they have.”
Q: I am a smoker who goes at least 20 feet outside my building, but certain individuals still complain they smell smoke inside. Am I in the right?
A: It appears so. A violation is based on the smoker’s distance from the prohibited area, not on whether someone is offended by the odor. As noted, the “presumptively reasonable minimum distance” is 20 feet.
Mahalo
I would like to send out a big mahalo to the lady who returned my daughter’s iPad to the Kunia Walmart on Friday. My 9-year-old daughter was one of the children volunteering for Special Olympics’ Cop on Top and collecting donations at the door. … It was my error as I had left the iPad in the cart while she was doing her volunteer work along with other students from Ewa Elementary School. We had already taught her to give back to her community by volunteering, but your honesty demonstrated to her kindness and honesty in the world and gave her another role model in life. Thank you very much! — Karen Gionson (and daughter Melisa)
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
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