Do you legally have to provide a smoking area?

Legally, an employer does not need to provide a designated smoking area. If you do provide a designated area, usually in the form of a smoking shelter, the boundaries should be clearly defined and it must comply with planning requirements and building regulations.

What does it mean when it says smoke free property?

Smokefree building policies can limit your liability as a property owner or manager. It simply means that people cannot smoke inside the building or in other areas specified in the policy, such as on balconies and patios.

Can a landlord prohibit smoking outside?

In these days of the Human Rights Act, do landlords have any right to prevent their tenants from smoking in their rental property. Well the short answer is – yes.

Can I be evicted for smoking in my apartment in California?

Yes, it’s legal. As of January, 2012 California landlords have the right to restrict or even completely ban smoking on all or parts of the rental premises, common areas and individual units included. (CC § 1947.5.) Tenants who live outside of California should check their state or local laws for smoking restrictions.

Do smokers have the right to smoke?

There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution. The fundamental right to privacy does not apply to smoking.

Do smokers have rights at work?

Employers are free to ban all smoking in the workplace, even if state law allows it. In other words, there is no law that protects your right to smoke at work. However, employers have less freedom to regulate off-duty smoking by employees. Several states have laws prohibiting discrimination against smokers.

What are some of the benefits of smoke free policy?

Studies have shown that the implementation of smokefree laws and policies can increase cessation and reduce smoking prevalence among workers and the general population1-6 and may also reduce smoking initiation among youth.

What are the benefits of a smoke free environment?

Protect all workers and patrons from the dangers of secondhand smoke. Reduce death and diseases associated with secondhand smoke. Motivate smokers to quit. Reduce the number of people who start smoking.

Can you smoke in rented property?

For the majority of landlords, smoking indoors is a big no-no. In most tenancy agreements, smoking will be prohibited as the damage and issues it can cause are deemed too high. Nonetheless, this doesn’t stop some tenants from flouting the rules and smoking indoors regardless.

Can I smoke on apartment balcony?

Check Local Nonsmoking Laws Currently, there is no statewide law prohibiting smoking in private residential units in California, such as apartments and condos. In addition, Burbank prohibits people from smoking in private non-enclosed areas of a unit, such as a balcony or patio.

What can you do if your apartment neighbor smokes?

Your city or county health department or local smokefree coalition can assist you. Even if there isn’t currently a law in your area, there may be efforts underway to track complaints about drifting smoke in housing, encourage landlords to make their buildings smokefree, and other local resources that you can utilize.

Are smokers protected under the Fair Housing Act?

Smokers are not a protected class under the federal Fair Housing Act (FHA) or its state law counterparts. Apartment communities can prohibit smoking in individual units as a part of the lease or by means of a separate lease addendum.