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New Smoking Law Gets Complicated by Prop 64

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January 30, 2018
Novato’s Smoke-Free Ordinance and State Law Impacts Novato Multi-Unit Housing: Tobacco, E-Cigarettes and Combustible Marijuana Use Banned!
Submitted by Smoke-Free Marin Coalition | promoted by the Novato Chamber as a community service.
Know the law, stay in compliance

This notice will be of interest to Novato residents who own or rent condos, townhouses or apartment complexes ranging from duplexes to large properties. In January 2017 the Novato City Council passed a 100% Smoke-Free Housing Ordinance that prohibits smoking of all tobacco products, marijuana in all multi-unit housing. Property managers had until January 24, 2018 to update leases and HOA CC&Rs to reflect the new law that includes the interior of all duplexes, apartments, condos and townhouses, their porches, balconies, patios and a 20 foot buffer around each building. California state law prohibits marijuana smoking and electronic smoking devices wherever tobacco smoking is banned, so combustible flammable marijuana may not be used in Novato’s multi-unit housing properties or in public places where smoking is not allowed.
Residents (living in multi-unit housing) who use nicotine or cannabis have to take it in lozenges or other FDA approved forms due to local and state regulations concerned with fire safety and drifting smoke hazards. Marijuana and e-cigarettes are also banned in public places where smoking is prohibited including farmer’s markets, outdoor work places such as construction sites, as well as outdoor areas of restaurants and bars. Property managers are required to address compliance issues similar to the way that lease violations or HOA rules around excessive noise, garbage are remedied.  The ordinance applies to the interior of all units, their entrances, porches, balconies, as well as common areas such as parking lots, swimming pools and other areas. Most property managers have made their entire properties 100% smoke-free to comply with the law and prevent fires, public health risks and disputes between neighbors. Insurance companies such as AIG offer lower rates to smoke-free properties which also have a much higher resale value compared to “smoked in” properties, according to Bradley Real Estate agent Dianne Hoffman.  The City of Novato notified property owners and managers of multi-unit housing one year ago, giving them 12 months to implement this new law

and every property should now be 100% smoke-free. If a property owner or manager requires assistance in complying with the new ordinance, the following resources may be helpful: 

E-Cigarettes Tobacco: Fire, Disease and Pollution
This video is about how local officials have responded to the health and safety hazards of tobacco and e-cigarettes.
  •  The County offers programs to help Novato residents quit smoking and these (and resources for property managers) can be found at:
PROP 64 Notice (written by the Novato Chamber) 
ALL RESTRICTIONS FOR PUBLIC SMOKING, SMOKING ZONES, CONSUMPTIONS AND EXPOSURE that currently exist on Cigarettes can be extended to ALL FLAMMABLE SOURCES OF MARIJUANA . Basically if you cannot have a  cigarette, you cannot have smoking marijuana, e cigs and vapes are also included. This is especially important for those living in apartment spaces and shared units.