Clean Air in Multi-Unit Dwellings


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Clean Air in Multi-Dwelling Units : 

Clean Air in Multi-Dwelling Units The Legal and Profound Option for Urban People of 21st Century

Purpose of Presentation : 

Purpose of Presentation Raise awareness of the issue of Second Hand Smoking in Multi-Unit Housing Dwelling (MUD). Explain the legal plausibility of establishing the condo-complex smoke free. Project the advantages of going smoke-free. Inform the grounds for the urgency in going smoke-free.

Second Hand Smoke: : 

Second Hand Smoke: Is poisonous: 4,000+ toxic chemicals 50+ carcinogenic chemicals Contains higher toxin concentration than in cigarette smoke itself. Is a major problem for BC MUD. Kills 8 Canadians daily. Causes heart disease, respiratory disease, cancers, asthma, allergies, diabetes, small birth weights, sudden infant syndrome, etc.

Drifting Second-Hand smoke: : 

Drifting Second-Hand smoke: Is cigarette smoke (or drug smokes) that drift into are seeps into the apartment units in multi-unit dwelling. Enters through windows from neighboring patios and balconies Enters through the ventilation system Seeps from electrical outlets and switches Seeps through cracks and gaps around sinks, counter tops, and floor-wall gaps. Desorption from dry walls, carpets, drapes, countertops, cabinet doors, inner surfaces of the wall-wall gaps, etc.

Problems Caused by Environmental Tobacco UseAwareness of health problems caused by second hand smoke, aged 15+Canada 2001 : 

Problems Caused by Environmental Tobacco UseAwareness of health problems caused by second hand smoke, aged 15+Canada 2001

Second hand smoke is more harmful : 

Second hand smoke is more harmful

Is there right to Smoke? : 

Is there right to Smoke? There is no right to smoke enshrined in Canadian law. Personal autonomy is not synonymous with unconstrained freedom Smokers are not a protected class nor recognizes as having a disability under Canadian Charter of Rights and Freedom

Is there right to live smoke-free? : 

Is there right to live smoke-free? Non-smokers have a right to breathe clean air Children have a right to be raised in a smoke-free environment Canadian courts have been sympathetic to the plight of non-smokers unwillingly exposed to drifting second hand smoking Cases have been won on the premise of nuisance, as well as a breach of the covenant of quiet or peaceful enjoyment.

Multi-Unit Dwelling (MUD) : 

Multi-Unit Dwelling (MUD) Is a commercial or residential building with multiple offices or apartments. Residential Multi-unit dwellings include apartments, condominiums, and some types of townhouses. More than 43 % of Lower Mainland residents live in Multi-Unit Dwellings.

Drifting Smoke Issues in MUD : 

Drifting Smoke Issues in MUD Just under half of the urban population live in MUD The majority of that population are exposed to involuntary second hand smoke (4000+ toxins and 50+ carcinogens) Ventilation and air purifiers do not eliminate the carcinogens that are invisible and odorless. Every 11 minutes, one Canadian die from tobacco smoke. (Health Canada) Over 260,000 British Columbians suffer from asthma and 168,000 live with chronic heart disease and stroke.

Did you know? : 

Did you know? Currently, only 15 % of British Columbians are smokers, and only 9% of condo owners are smokers. Amongst the owners who smoke, many choose not to smoke in their own condo.

Is banning smoking in MUD legal? : 

Is banning smoking in MUD legal? Yes. It is legal! No-smoking clause can be applied to units , section of the building , the entire building or to the entire premises. This include indoor units and outdoor balconies and patios.

Duty to Act : 

Duty to Act When a strata councils or property managers receive a complaints about second-hand smoking, causing a significant interference to residents in a condo complex, Section 26 of the Strata Property Act requires that a strata corporation enforce the bylaws. An owner can sue the strata corporation for inaction or making an unfair decision. Common law of nuisance and human rights code supersedes bylaws.

Did you know? : 

Did you know? Re-renting smoking unit cost significantly large amount due to the damage done to the unit by smoke? Noxious chemicals from tobacco smoke adsorb on to the surfaces, including cavities and spaces between the walls, emitting the noxious gases even well after the building goes completely smoke-free?

What about the benefits? : 

What about the benefits? The City of Vancouver is committed to reduce the level of smokers to 10 % by 2010? It means that at least 90% will be non-smokers by next year. (The VCH Tobacco Strategy 2006-2010 (pdf)) There is a increasingly high demand for non-smoking condos, and the non-smoking policy of the building increases the value and will probably reduce the insurance? It is 9 times more likely to sell or rent your unit if it were a non-smoking unit? The costs of making previously smoked-in unit marketable is hundreds of times more than the never-smoked-in unit?

Are we ready? : 

Are we ready? Now is the best time as ever. Decide when to go smoke-free (soonest practically possible). Give existing tenants a month notice. Include a “non-smoking” clause in tenancy agreements for a new tenants. For the owner units, raise the issue to the annual general meeting and cast a vote. ¾ vote of owners satisfy to make the complex smoke-free. When done, advertize and promote our condo as smoke-free condos! (Register in Smoke-Free for example.)

Information : 

Information A Wiki Site is created for your interest. Please join and help us build healthy living space for us and for everyone around us.

Thank you. : 

Thank you. Presented by Alex Marsh, M.Sc., B.Sc., B. Ed

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