HomeMy WebLinkAboutMINUTES - 09162008 - C.113 FHS #82
SE-L Contra
TO: BOARD OF SUPERVISORS
FROM: Family and Human Services Committee I. -_ - Costa
_ oa
DATE: September 16, 2008 County
T'4 COUIZ'fY
SUBJECT: Update on Progress of Secondhand Smoke Ordinance
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACCEPT attached report from the Health Services Department on the progress made implementing the County's
Secondhand Smoke Ordinance, as recommended by the Family and Hurnan Services Committee.
FISCAL IMPACT:
No impact from accepting this report.
BACKGROUND:
The Family and Human Services Committee reviewed the attached report updating the Board of Supervisors on the
progress made with implementation of the County's Secondhand Smoke Ordinance.
On November 17, 2006 a new ordinance to reduce secondhand smoke exposure among residents and workers in all
unincorporated community of Contra Costa County took effect. The Family and Human Services Committee heard the
first update to the implementation of the Ordinance on June 5, 2007. The attached report, from the August 25, 2008
Committee meeting provides an update on the outreach to businesses, landlords, and public entities conducted with to
date. The report also includes challenges the Department is having, the response to resident concerns, support the
program has received, and future implementation activities.
CONTINUED ON ATTACHMENT: YES SNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMNIENDATION EF BOARD COMMITTEE
k-----APPROVE OTHER
SIGNATURES : Fe ral Glover, Chair usan Bonilla, Member /
ACTION OF BOARD ON APPROVED AS RECOMMENDED �� Oyf4ER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT j� �, )
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Dorothy Sansoe(5-1009) /
cc: Health Services Department ATTESTED G
County Administration V TWA,C ERK OF THE BOARD OFSUPERVISORS
BY: > DEPUTY
CONTRA COSTA
WILLIAM B.WALKER,M.D. PUBLIC HEALTH
HEALTH SERVICES DIRECTOR
CONTRA COSTA 597 CENTER AVENUE,SUITE 200
WENDEL BRUNNER,M.D. MARTINEZ,CALIFORNIA 94553
DIRECTOR OF PUBLIC HEALTH HEALTH SERVICES PH(925)313-6712
FAx(925)313-6721
W B R U N N E R@ H S D.CCCO U N TY.US
PUBLIC HEALTH OUTREACH AND EDUCATION PLAN UPDATE FOR THE
SECONDHAND SMOKE PROTECTION ORDINANCE
Family and Human Services Committee, August 25, 2008
Background
On May 23, 2006, the Contra Costa County Board of Supervisors directed Health Services to work with
County Counsel to develop a model comprehensive secondhand smoke ordinance. The Board of
Supervisors also directed staff to develop an outreach and education plan for businesses and landlords
regarding the ordinance, to be implemented after adoption of the ordinance in October, 2006. A report
on the progress made with this plan was made to the Family and Human Services Committee on May
21, 2007. This report provides an update on that outreach and education plan, discusses challenges to
the full implementation of the ordinance, and staff support to the Tobacco Prevention Coalition in
moving adoption of secondhand smoke smoke protections to Contra Costa's cities.
Outreach to Businesses
A. Developed an education pamphlet on the new ordinance and signage options for businesses,
including a "No Smoking"window decal that was mailed through the annual Contra Costa County
business license package in June, 2007. Due to fiscal considerations, a briefer information piece
was mailed to all businesses applying for a business license in June, 2008.
B. Contra Costa Health Services and Business License Office websites have both been updated to
include specific information on the provisions of the new ordinance that affect businesses, as
well as the community at large. The signage options, in English and Spanish, and education
pamphlet are also accessible to businesses and the general public on these websites.
A. Worked with the County Environmental Health Department to coordinate compliance inspections
of businesses in the unincorporated county.
Outreach to Landlords
A. Collaborated with the California Apartment Association, Regional Division, to publish article on
the provisions of the ordinance in their local newsletter (September, 2007).
B. Landlords with buildings that include four or more units in the unincorporated county are
required to obtain a business license. These landlords are subject to the ordinance and received
information through the business license application process.
Outreach to Public Entities
A. Communicated with the transit authorities serving the county (Tri-Delta, WestCAT and County
Connections) regarding the applicable provision and signage requirements of the Secondhand
Smoke Protection ordinance. At least one transit authority has demonstrated compliance with
the signage requirements.
B. Communicated with Contra Costa Housing Authority staff about provisions of the ordinance and
signage requirements for properties. The Housing Authority currently does not have any
properties in the unincorporated county.
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Challenges
A. Despite mailing an educational brochure and signage to all businesses that applied for a business
license in June, 2007, there is little evidence of compliance with the "no smoking in doorways"
signage requirement of the law. Staff are currently investigating a targeted mailing of the law
and signage to those businesses physically located in the unincorporated county.
B. The law calls for posting of signage, however, does not hold business owners accountable for
smoking on their property. Other jurisdictions in the state with outdoor dining smoking
regulations provide penalties to restaurant owners who allow smoking in outdoor dining venues,
in the same ways that the law holds restaurants accountable for smoking inside their
establishments.
Response to Resident Concerns
Since January, 2007, Tobacco Prevention Project staff have responded to 53 complaints from residents
who called with secondhand smoke exposure concerns. Seven callers were residents of the
unincorporated county; the remaining were from incorporated cities. Thirty-two calls were related to
drifting smoke in multi-unit housing, which is not currently addressed in the Secondhand Smoke
Protections Ordinance.
Support for Secondhand Smoke Protections in Contra Costa Cities
A. Provided support to Supervisor's Bonilla's Office in discussing secondhand smoke protections with
Concord's business community.
B. As staff to the Tobacco Prevention Coalition, have provided support to the Tobacco Prevention
Coalition in advocating for secondhand smoke protections in the city of Concord.
Implementation Activities to occur when Tobacco Prevention Project capacity increases:
A. Consult with managing agencies of public parks and trails (i.e. Contra Costa Public Works
Department and Contra Costa County Canal Regional Trail agency) to provide technical
assistance on installation of signage and communication with park and trail users and staff for
compliance efforts.
B. Conduct site visits to businesses in the community to check for compliance with signage
requirements
C. Investigate feasibility of television programming on cable to educate the community on the
provisions of the ordinance.
D. Provide technical assistance to landlords as requested and as resources allow on issues of
implementation.
August 18, 2008
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a .Contra Costa Hazardous Materials Programs i Contra Costa Mental Health v Contra Costa Public Health @ Contra Costa Regional Medical Center e Contra Costa Health Centers i
C//3 is o,1,-"
WILLIAM B.WALKER M.D. CONTRA COSTA
HEALTH SERyIcES DIREc,ToR
PUBLIC HEALTH
WENDEL BRUNNER,M.D.
PUBuc HEALTH DIRECTOR Community Wellness and
Prevention Program
r Avenue
CONTRA COSTA 597 CenteSuite 115
tfornia
HEALTH SERVICES Martin 94553-4670
Ph(925)313-6820
Fax(925)313-6840
Provisions of the County's 2006 Secondhand Smoke Protections Ordinance*
November,2006
Smoking is prohibited in the following outdoor areas:
• All areas within 20 feet of the doors, operable windows,air ducts and ventilation systems of any
enclosed worksite or enclosed places open to the public, except while passing on the way to another
destination.
• In outdoor dining areas at bars and restaurants(including outdoor dining areas at places of employment
and in outdoor lounges.)
• On public trails and in public parks
• In service areas. (Service area means an area used to receive or wait for a service, enter a public place
or make a transaction, including ATM's,bank teller windows,ticket lines,bus stops and taxi stands)
• In public event venues(such as stadiums, fairs,pavilions, farmers markets)
• On the campus of Contra Costa Regional Medical Center and all county-operated healthcare clinics.
In Multi-Unit Housing Residences,smoking is prohibited:
• In common indoor and outdoor areas of multi-unit housing residences of 4 or more unit
• All areas within 20 feet of doors,windows,air ducts and ventilation systems of multi-unit housing
residences,except while walking from one destination to another.
Landlords may designate a common outdoor area of a multi-unit housing residence as a smoking area, as
long as it does not overlap with any area where smoking is otherwise prohibited by local, state or federal
law; must be located at least 25 feet in all directions from non-smoking areas; and must not include areas
used primarily by children.
Smoking is also prohibited:
• In any indoor workplace or indoor area open to the public, including tobacco shops,owner or volunteer
operated businesses and hotel lobbies.
Smoking is permitted:
• in private residences;
• in up to 20 percent of guests room in any hotel, unless the hotel has designated the entire
hotel smoke-free;
• in outdoor areas where smoking is not otherwise prohibited.
*These protections currently cover the unincorporated areas of Contra Costa County.
6/08
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