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Maynard C.

Research Administration at Harvard School of Public Health

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What information would help high-rise residential management company implement a zero tolerance smoke-free building policy?

A Boston-based cooperatively owned residential high-rise will announce this month a zero tolerance smoke-free building policy and begin implementing it.

What information would help high-rise residential management company implement a zero tolerance smoke-free building policy? From whom (or what or where) would it be gathered?

How does one determine "best practices" in smoke-free building policy IMPLEMENTATION?

IDEAS:
Other states have worked on indoor air quality regulations for decades (workplace, public residences, public housing, commercial buildings, etc.).

Michigan and California are quite ahead of Massachusetts, but HUD rules may require all public buildings to complete their implementations very soon (2013, 2014).

State and local regulations could hasten implementation elsewhere, but this building - if it goes forward quickly - could be the first Boston cooperatively-owned residential high-rise to implement a zero tolerance smoke-free building policy.

Now, of those who have tried to implement nonsmoking policies (guessing that most succeeded in doing so), how does one think about "best practices" when little has been written in available online journals about their process?

Building Management, etc.

Clarification added 2 months ago:

The costs of smoking place (a) an undue fire burden, (b) an undue water damage burden, (c) an undue health burden, (d) an undue EXTRA cost to nonsmokers for turning over the units vacated by smokers because costs of turnover are (depending upon jurisdiction) 2x to 10x as high as for turning over units inhabited by nonsmokers (and nonsmokers are expected to take this HIT as those extra costs HIT the POOL of costs, which are then divided into monthly "carrying costs", and (e) risk premature death, premature aging, and premature brain decline through the persistent exposure to inescapable secondhand smoke.

RENTERS can only claim where their units end, but no one OWNS a unit individually. Cooperative owners is just that.

There IS no constitutional right to smoke, and the Civil Rights Act of 1964 does not include smokers as a 'protected class' because that relates only to voluntary behavior, not to conditions of birth or upbringing.

Clarification added 2 months ago:

The length of the question (elaborating) confused the one-time readers, I think. The questions are:

What information would be USEFUL to residential building managers in the implementation?
How would we GET that information (if it requires shareholder/resident input)?

posted 2 months ago in Environmental Health, Project Management | Closed

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Wallace J.

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A great attorney and knowledge of all local, state and federal laws regarding smoking.

posted 2 months ago

Les D.

Software Quality Assurance Lead

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Little smoke tracking, fire suppressant spraying robots. See smoke, soak.

posted 2 months ago

John G.

JTG Systems, Owner

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built in fines/ fees in their contact tacked onto the rent if caught in breach. and thats totally legal if in their tenant agreement.

posted 2 months ago

Pauric M.

Online Community Manager

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Hi Maynard,

Many countries successfully brought in a law against smoking in pubs, public places etc. Fines and court dates were used to cut out smoking in these places. This has been successful and maybe could be used with your building policy.

I found really good article on this which may be of help.
I hope this was useful for you,
Pauric

Links:

posted 2 months ago

Guy B.

IT/Business Search & Recruitment

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blood tests of tenants confirming that they are non smokers.

Cameras with smoke detectors covering every square inch of living space to 'shame' the would be violators.

But you have to watch out for the occasional over night guest that might require a quick smoke before leaving for that early meeting in the morning (wink)

posted 2 months ago

Karen O.

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'what would help implement'
Resident buy-in is a big one. You've probably already got a bunch of happy non-smokers looking forward to this process. But the smokers feel invaded--the right to 'enjoy' their home is being taken away and it is always tough to take things away from people (easier as new people move in with the expectation of not being able to smoke).

So, to help your building managers:
1) Plain language signs, in easy to read text, giving notice of the upcoming ban on smoking.
2) Give your building managers an elevator pitch to diffuse the anger of occupants... "Yes, I know this is a drag, but the insurance company wanted to hike the rates in a big way because of allowing smoking in the building and we would have had to do a big rent increase to cover it." kind of thing, and just keep repeating variations of this--sympathy for the person being inconvenienced and a good reason that comes from a huge corporation AND gives them a personal benefit of not having a rent increase are the keys in this method.
3) More plain language signs once the ban comes into place that outlines the consequences:
--Fine of $25 for smoking
--Automatic eviction after found smoking 3 times in building or on balconies
--Charge of $500 to clean smoker's apartment after eviction.

For your building managers, it will be about the social engineering aspect so that they don't get into huge conflict. And do you have plans in place to deal with the fact that the building managers will probably need to drop some duties (or have extra help) while they deal with the extra workload the ban will bring in, especially at the start?

Hope this helps.
Karen Opas

posted 2 months ago

David G.

Experienced executive-level management, Entrepreneur, Lean Six Sigma Master Black Belt, "The Guy to Go To For Solutions"

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I agree - consult with an attorney to determine what is legal to put into the co-op bylaws and to make sure any changes are done properly. Gather information from City Hall, talk to your State Reps/Assemblypersons and ask for some information, talk to the local chapter of the American Lung Association, talk with the local health dept.

In the preamble of the regulations - make sure you lay out that this is done for health reasons, and to keep costs down. You don't have to get specific (e.g. "Because we've had $15000 in additional costs to turn over apartments occupied by smokers", just "Because we've incurred significant additional costs to turn over apartments occupied by smokers, and those costs have negatively impacted the owners...").

Put up extra sensitive smoke detectors in all the hallways - tie them to a camera system that goes on for 10 minutes after the sensor is triggered. Review the situation. Note where the violator goes. First time violation: $500. Second violation: Eviction + $1000 cleaning costs.

Make all parts of the property, inside and out smoke free. Property line to property line. You want to smoke? Go across the street. Motorola in Libertyville did this and their smokers used to have to cross the street to smoke.

Finally, enforce the rule CONSISTENTLY. If you say "No exceptions", then there can't be any. Otherwise you open the door to someone arguing that your rules are arbitrary and capricious and no Judge wants to see that :-)

Prominently promulgate these rules. Before renting to someone, make it the FIRST page they see. Make them sign/date it BEFORE even handing them a lease. Put the rules into the Lease as well. Put up no smoking signs at the driveways, doorways, etc. Put a sign up in the lobby saying "No smoking anywhere on this property. Including inside the apartments, on the balconies, in the parking lot, outside, etc. Fine: $500-$1000, and up to and including eviction. No exceptions".

If you want to enforce this, you're going to have to be tough about it. It will likely turn ugly a few times. You may end up in Court. So if you're serious about it, you have to defend it. And you'll have to replace those signs - a lot.

Good luck.

posted 2 months ago

Mitch K.

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You can't stop a smoking from smoking just because you pass a rule. People are addicted to nicotine. This is a medical and psychological addiction so you will need expert help with this.

You have contracts in leases. As those contracts renew, add this provision to your leases. Provide finacial incentives and penalties.

Make it clear the benefits of leaving in a smoke free building. Provide stop-smoking assistance to long-term residents. There are 3rd parties and hospitals that will provide this.

Remember that the elderly may not be able to move just because you change this policy and that hardship may give them a legal exemption. See your lawyer.

Then provide penalties for breach. Require higher limits of fire insurance to cover more than their unit for damages.

Invite fire safety experts and insurance execs in to meeting and educate tenants on the virtues and values of a smoke free environment.

You must get tenant buy-in to expedite the transition. Peer pressure will work its magic. Without it you will have a steep wall and emotional barriers to accept the change, just because you impose it.

Think what is in it for them. No you. Benefits are powerful motivators.

posted 2 months ago