Smoke free medium and high density housing is it achievable? 71 st State Environmental Health Conference Maurice G Swanson President, ACOSH Chief Executive, Heart Foundation WA
Outcomes from this session
The scourge of tobacco Killed 100 million people in 20 th century Will kill 1 billion people in the 21 st Kills 2/3 of all regular users Kills 15,500 Australians per year But this burden is not shared equally across society
Tobacco smoke contains an estimated 7,000 chemical compounds including 66 carcinogens (cancer causing substances)
Smoking causes Smoking is the number one cause of preventable disease in Australia Lung cancer is now the most fatal of all cancers affecting women in Australiasurpassing breast cancer Asthma and respiratory diseases Emphysema
Smoking causes 16 cancers 9 cardiovascular diseases Stroke Increases risk of developing Type 2 diabetes
What is Second-hand Smoke? (Passive Smoking) Breathing in other people s exhaled smoke and/or; Breathing in side-stream smoke (from burning end of a lit cigarette) In 1992 US EPA classified side-stream smoke as a proven carcinogen
Passive smoking The dangers and health effects Children exposed to second-hand smoke are at an increased risk of: sudden infant death syndrome (SIDS) acute respiratory infections ear problems and asthma Strong association between the increasing prevalence of smoke-free homes and decreasing rates of SIDS in the United States.
Adults exposed to second-hand smoke are at an increased risk of: lung cancer immediate adverse effects on the cardiovascular system coronary heart disease and asthma attacks
The Good news Smoking is decreasing in Australia
Smoking is no longer the social norm Smoking in Airplanes: Australia first to ban smoking in 1987
Smoking is no longer the social norm Smoke-free dining: 2006
Plain Packaging One quarter of all reduced prevalence from 2012 to 2014 can be attributed to plain packaging alone.
Tobacco Tax increases $40 a pack by 2020
E-cigarettes The TGA decided to uphold the ban on nicotine e-cigarettes in Australia The NMHRC stated that there is insufficient evidence to conclude whether e-cigarettes can assist smokers to quit. In WA E-cigarettes are not legally sold. Queensland banned the use of E-cigarettes in public places.
Smoking prevalence and key tobacco control measures in Australia
A comparison of prevalence Australia, England and the USA
However Smoking is still an issue for those living in medium and high density housing
Smoke Drift in Strata-titled properties: There are two separate legal tests Does smoking in a lot cause a nuisance? Does smoking on common property interfere with the use and enjoyment thereof by others?
Second-hand smoke and housing Australian study found that people living in multiunit housing were 19% more likely to report exposure to second-hand smoke inside their home than people living in houses.
ACOSH Monitored Air Quality Nicotine was monitored using passive sampling method Smoking and Non-smoking Units inside WHO: There is no safe level of exposure to second-hand smoke.
ACOSH Monitored Air Quality Nicotine was monitored using passive sampling method Smoking and Non-smoking Units outside
Smoke Drift Complaints received by ACOSH February April 2016 9 8 8 7 6 14 cases in last 3 months 5 4 4 4 4 3 2 2 2 2 2 1 0 1-10 Units 11-20 units 21-30 units 30 + Strata Manager not supportive By-law not approved By-law approved By-law under discussion
What is the issue?
Survey Strata Managers Strata and Smoke Drift Have you experienced smoke drift disputes in the past 12 months in the complexes you manage? 47 Strata Managers 17.1% Yes - from 1-5 times 8.6% 11.4% 62.9% Yes - from 6-10 times Yes - more than 10 times No Not sure
What steps did you take to deal with smoke drift disputes? Negotiations between nonsmokers and smokers 20.0% 14.3% 40.0% Referral to local government for advice Referral to external partners 8.6% 17.1% Facilitated the introduction of a non-smoking by-law I haven't experienced any smoking disputes
If you tried to introduce a smoke-free by-law, what was the outcome? Successful - smokefree by-law was implemented Unsuccessful - smoke-free by-law wasn't implemented 57.1% 42.9% Factors contributed to unsuccessful smokefree by-law?
Implementing a Smoke Free Bylaw in WA Duties of strata companies A strata company shall (a) enforce the by-laws; and (b) control and manage the common property for the benefit of all the proprietors;
SCHEDULE 1 BY-LAW This by-law is for a blanket ban on smoking within lots (including on balconies and private courtyards) A blanket ban on smoking might be considered unfair to residents whose smoking does not impact on any other residents. It could be challenged in the SAT. If the strata company is small and the by-law has full support of the owners, adding the bylaw under Schedule 1 could be an option. Schedule 1 by-law is passed without dissent, which is a high threshold.
SCHEDULE 2 BY-LAW Overview: Prohibit smoking on common property Prohibit smoking within lots where it is drifting into other lots or onto common property
SCHEDULE 2 BY-LAW 1. Contact the Strata Manager around 6-8 weeks before the AGM, or by writing made by proprietors entitled to a quarter or more of the aggregate unit entitlement, call for an extraordinary general meeting ; 2. Draft the proposed smoking by-law, specifying that it is a Schedule 2 by-law, or instruct a lawyer to do so and ask for it to be included on the agenda as an item of special business; 3. The Strata Manager must distribute the agenda with the proposed special resolution to all owners at least 14 days before the general meeting;
4. Attend the meeting; there must be quorum to pass the special resolution; 5. Provide the owners at the general meeting with information on the health and financial benefits of adopting the proposed by-law; 6. Attendees at the general meeting will then vote on the special resolution. A special resolution will only pass if it is supported by at least 50% of the votes of eligible owners and proxies present at the meeting and is not opposed by 25% or more of the attendees. The value of each vote is calculated based on the unit entitlement of each lot.
Schedule 2 By-law implemented at a property in Scarborough
Copy of the Schedule 2 By-law registered Landgate
Benefits of Smoke-free Living A reduced risk of fire and other cigarette-related damage such as burn marks on carpets, furniture and counters, which will reduce repair or replacement costs
Fires In 2006/2007 there were 254 building fires in NSW as a result of heat from smokers materials
Other benefits Lower cleaning costs for owners of units who are selling or leasing their properties (tobacco smoking leaves smoke residue on walls and curtains) A report in the United States revealed that apartment turnover costs can be two to seven times greater when smoking is allowed compared to the cost of maintaining and turning over a smoke-free unit Reduced cleaning needs may result in quicker sale or lease Eliminating the risk of legal action A greater likelihood of full rental bond refund for tenants terminating a lease The possibility of higher property re-sale price or rental income A US report quantified the mean smoking-related cost for apartment owners and managers between 2008 and 2009 at $US4,935 for each unit without a non-smoking policy
Other benefits Promote anti-smoking attitudes among young people Reduce progression to smoking experimentation among young people who live with non-smokers.
Our role in supporting smoke free medium density housing Increasing awareness and training Strata Mangers Small Community Incentives Case studies Toolkit in partnership with CCWA/MSH Legal support through Licenced Smoke Free Schedule 2 By-law
Amendments suggested to the Strata Titles Act (1985) WA The current Act is silent on the issue of smoking and this causes confusion for residents and it makes it difficult to resolve disputes about smoking. It is also procedurally difficult for Council of Owners to introduce a smoke-free by-law. Cancer Council WA, Heart Foundation WA and ACOSH presented a submission recommending that the new legislation include a Schedule 2 model by-law on smoking to prohibit smoking on common property and within lots where the smoke is infiltrating other lots. It was also recommended that the Act clarify that smoke drift that enters any part of a neighbouring property may be regarded as a nuisance and a hazard.
Strata Schemes Management Regulation 2016 (NSW) The first option prohibits smoking on common property and requires smokers to ensure that smoke does not drift to common property or other lots. The second option is the same except it permits smoking on common property within a designated smoking area.
Any questions? Maurice G Swanson ACOSH President & Heart Foundation Chief Executive maurice.swanson@heartfoundation.org.au Tel: 9382 5901 Twitter: @MauriceGSwanson For more information, please visit www.acosh.org