Be it ordained: that is hereby amended by adding Article to read as follows:

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1 ARIZONANS for NON-SMOKERS' RIGHTS (A.N.S.R.) Model State Law/City or County Ordinance, using language from A.R.S , NOTICE: PIH (HA) issued: July 17, 2009 by the U.S. Department of Housing and Urban Development, and recommended language from A.N.S.R. Draft #1, December 21, 2009 Amending of by adding Article, to protect non-smoking tenants by regulating smoking in apartment buildings, condominiums or other multifamily housing facilities. Be it ordained: that is hereby amended by adding Article to read as follows: Section 1. Title This Article shall be known as the "Smoke-Free AZ Multifamily Housing Act"/"Smoke-Free Multifamily Housing Ordinance City/County of." Section 2. Findings and Declaration of Purpose: WHEREAS, the "Smoke-Free Arizona Act", A.R.S , passed by the voters November 7, 2006 prohibits smoking only in only enclosed "common areas of apartment buildings, condominiums or other multifamily housing facilities." See A.R.S Section 9 "Public Place". WHEREAS, "common areas" are not defined by the "Smoke-Free Arizona Act.". WHEREAS, smoking is allowed on patios and balconies connected to apartments/condominiums or other multifamily housing facilities in close proximity to the open windows and open doors of non-smoking tenants. WHEREAS, the "reasonable distance" requirement for enclosed public places and places of employment does not apply to apartments, condominiums or other multifamily housing. See A.R.S and DHS Final Rules. WHEREAS, non-smokers entering or leaving the building are being subjected to breathing tobacco smoke and tobacco smoke is entering the building through entrances, windows, and ventilation systems. WHEREAS, an estimated 3,000 lung cancer deaths and more than 35,000 coronary heart disease deaths occur annually among adult nonsmokers in the United States as a result of exposure to secondhand some. See A.R.S WHEREAS, secondhand smoke has been classified by the Environmental Protection Agency (EPA) as a Group A carcinogen. This classification is reserved for chemicals or compounds which have been shown to cause cancer in humans such as asbestos and benzene. See A.R.S

2 WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer. See WHEREAS, "Environmental Tobacco Smoke" (ETS) can migrate between units in multifamily housing, causing respiratory illness, heart disease, cancer, and other adverse health effects in neighboring families." See HUD NOTICE: PIH ) (HA) WHEREAS, "Secondhand smoke, (ETS) is involuntarily inhaled by nonsmokers, and can cause or worsen adverse health effects, including cancer, respiratory infections and asthma. The 2006 Surgeon General's report on secondhand smoke identifies hundreds of chemicals in it that are known to be toxic." (The Health Consequences of Involuntary Exposure to Secondhand Smoke) See HUD NOTICE: PIH ) (HA) WHEREAS, based on data from the U.S. Fire Administration (USFA) of the Department of Homeland Security, smoking was the leading cause of fire deaths in multifamily housing in See HUD NOTICE: PIH (HA) THEREFORE, the Arizona State Legislature, the City Council, the Board of Supervisors declare that Environmental Tobacco Smoke (ETS) is a "nuisance" (see definition below) and that everyone has the right to breathe clean indoor air in multifamily housing facilities, including but not limited to indoor common areas, apartments and condominiums and in outdoor common areas. Section 3. Sections of Arizona Revised Statues/City Code/County Code is Amended by adding a new to read: Section 4. DEFINITIONS: THE FOLLOWING WORDS AND PHRASES, WHENEVER USED IN THIS SECTION, SHALL BE CONSTRUED AS DEFINED IN THIS SECTION: 1. "ENCLOSED AREA" means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling. See A.R.S #3. 2. "REASONABLE DISTANCE" means AT LEAST (A MINIMUM OF) 30 feet in all directions from any entrances, windows and ventilation systems. Persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke. All smoking trash receptacles shall be placed outside the no- smoking area in order to discourage smoking in these areas. If drifting smoke has entered the building or facility through entrances, windows, ventilation systems or any other means, the footage requirement shall be increased. See A.R.S , DHS Final Rules and ANSR

3 3. "INDOOR COMMON AREAS" means all enclosed areas shared by all residents, including but not limited to lobbies, hallways, stairways, elevators, rest rooms, multi-purpose activity rooms, recreation rooms, laundry rooms, and offices of building management. 4. "OUTDOOR COMMON AREAS" means all open areas shared by all residents, including but not limited to walkways, playgrounds, swimming pool areas and parking lots. 5. "SMOKING" means inhaling, exhaling, burning or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product." See A.R.S # "DESIGNATED SMOKING AREA" means an area OUTDOORS where smoking is permitted. Any outdoor designated smoking area shall be so situated as to allow non-smoking individuals to conduct normal activity in a smoke-free environment. Smoking shall be confined to the "designated smoking area." If drifting smoke is noticeable in no-smoking areas, the designated smoking area shall be relocated. ANSR 7. "NUISANCE" means Environmental Tobacco Smoke (ETS) known "to be injurious to health...and an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons." See A.R.S , Public nuisance; abatement; classification. B. Smoking is prohibited in all indoor common areas, all outdoor common areas, all apartments, condominiums or other multifamily housing facilities and on all outdoor patios and balconies connected to and in close proximity to buildings within the State of Arizona or City of or County of. Separate smoke-free buildings, for nonsmokers only, shall be provided for the breathing disabled who suffer from respiratory, cardiovascular or other diseases. ANSR C. Notwithstanding any other provision of this section, an owner, manager or other person or entity in control of an multi-tenant housing facility, may declare that entire complex, or portion thereof, as a nonsmoking place. See A.R.S D and ANSR D. Posting of signs and ashtray removal: 1. "NO SMOKING" signs or the international "NO SMOKING" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control of that multitenant housing facility identifying where smoking is prohibited by this section and where complaints regarding violations may be registered. 2. Every multi-tenant housing facility shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. 3. All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, operator, manager, or other person having control of the area. See A.R.S E

4 E. No owner, operator, manager, or other person having control of the multi-family housing facility shall retaliate against a resident or employee who exercises any rights to smoke-free air afforded by this section or reports or attempts to prosecute a violation of this section by contacting the agency in charge of enforcement or arbitration. See A.R.S F and ANSR F. Action to be taken by the owner, operator, manager, or other person having control: 1. All current residents shall have the opportunity to complete a "Smoke- Free Housing Survey." 2. All current residents shall be informed of the new smoke-free policy, be given a copy of the new smoke-free policy, and sign off, to acknowledge their receipt of the policy and their agreement to comply with the conditions of the policy. 3. Copies of the new smoke-free policy shall be clearly and conspicuously posted. 4. New residents shall be informed of the smoke-free policy, be given a copy of the smoke-free policy, and sign off, to acknowledge their receipt of the policy and their agreement to comply with the conditions of the policy before the lease is signed. 5. Complaints shall be acknowledged and resolved in a timely manner. 6. Written complaints may be made anonymously. A mailing address shall be provided. 7. All current residents shall have the opportunity to complete a survey to evaluate the success of the smoke-free policy and to evaluate the need for change. G. Unresolved complaints may be referred to the enforcement agency listed in section I below. 1. Unresolved complaints by an individual with a disability (respiratory or cardiovascular disease) protected by the Arizonans with Disabilities Act (Fair Housing Section) shall be referred to the AZ Attorney General's Office, Civil Rights Division, phone number (602) H. This State law does not prevent a political subdivision of the State from adopting ordinances or regulations that are more restrictive than this section nor does this section repeal any existing ordinance or regulation that is more restrictive than this section. I. This State law/ordinance shall be implemented and enforced by. J. A person who smokes where smoking is prohibited is guilty of a petty offense with a fine of not less than fifty dollars and not more than three hundred dollars. This penalty shall be applied each and every time a violation occurs. Prepared by: Betty Campbell, President and Founder Arizonans for Non-Smokers' Rights N. 37th Ave. Phoenix, AZ 85029

5 (602) Draft #1, December 21, 2009