HomeMy WebLinkAboutMINUTES - 04092013 - C.30RECOMMENDATION(S):
ADOPT Ordinance No. 2013-10, which 1) prohibits the use of electronic cigarettes at all places where smoking is
prohibited and requires a tobacco retailer’s license for the sale of electronic cigarettes and 2) establishes a new
definition of “multi-unit residence” under the County's Secondhand Smoke Protections Ordinance, as recommended
by the Family and Human Services Committee.
FISCAL IMPACT:
Minimal fiscal impact. A portion of the Prop 99 funding Contra Costa Health Services receives for its Tobacco
Prevention Project could be allocated to implementation.
BACKGROUND:
The Board of Supervisors adopted a comprehensive Secondhand Smoke Protections Ordinance in 2006 on the heels
of the California Air Resources Board report designating secondhand smoke as a toxic air contaminant. The Board
strengthened these protections in October 2009 and again in October 2010 in response to community complaints
regarding drifting smoke in multi-unit housing, and the need for additional policies to protect public health. Since the
last report to the Family and Human Services Committee in May 2010, the Board of Supervisors expanded
secondhand smoke protections to include no smoking on all balconies, patios, decks and carports for existing and
new multi-unit housing; no smoking in 100% of new multi-unit housing beginning January 1, 2011; and a landlord
requirement to include lease terms stating that smoking in areas where smoking is prohibited is a material breach of
the lease. A summary of the provisions of the full ordinance is attached to this report (Please see Attachment I).
The Board of Supervisors adopted the County’s Tobacco Retailer Licensing Ordinance in 2003 requiring all retailers
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/09/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
NO:Mary N. Piepho, District III
Supervisor
Contact: Denice Dennis,
925-313-6825
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: April 9, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 30
To:Family and Human Services Committee
From:Family and Human Services Committee
Date:April 9, 2013
Contra
Costa
County
Subject:Regulation of Electronic Cigarettes (E-cigarettes) and change in definition of “multi-unit residence”
selling tobacco products to secure a County Tobacco Retailer License, and allowing for license suspension if retailers
are found to be in violation of tobacco laws, including the no sales to minor law. As part of the Health Services
Department’s annual report on implementation of the County’s Secondhand Smoke Protections Ordinance to the
Family and Human Services Committee on August 6, 2012, staff presented information about 1) multi-unit housing
protections under the County’s Secondhand Smoke Protection Ordinance and 2) the use of electronic cigarettes
(e-cigarettes) in areas where smoking is prohibited and concerns about these products.
BACKGROUND: (CONT'D)
Multi-Unit Housing Protections. Staff reported to the Committee that complaints to the Tobacco Prevention
Project have included drifting smoke complaints in buildings with two or three units, which are not
currently covered under the ordinance. The current Secondhand Smoke Protections Ordinance defines
“multi-unit residence” as a building with four or more units. As such, those living in multi-unit residences
in buildings with under four units do not have the same protections, including no smoking within 20 feet of
resident doorways and windows; on balconies and patios; and landlord disclosure of smoking permitted
areas.
1.
Regulating Electronic or “E” Cigarettes. Electronic cigarettes, also known as e-cigarettes, are
battery-operated products designed to deliver nicotine, flavor and other chemicals. They often resemble the
“look” of a cigarette, including a battery-lit glow at the end of the device, and are currently unregulated.
They turn nicotine, which is highly addictive, and other chemicals into a vapor that is inhaled by the user.
The U.S. Food and Drug Administration has conducted laboratory analysis of electronic cigarette samples
and found they contained carcinogens and toxic chemicals to which users and bystanders could potentially
be exposed. Because clinical studies about the safety and efficacy of these products have not been
submitted to the FDA, consumers currently have no way of knowing whether e-cigarettes are safe for their
intended use; what types or concentrations of potentially harmful chemicals are found in these products; or
how much nicotine is being delivered through these products.
2.
The FDA is concerned that e-cigarettes can increase nicotine addiction among young people and may lead
young people to try other tobacco products, including conventional cigarettes, which are known to cause
disease and lead to premature death. These unregulated devices have a high appeal to youth due to their
high-tech design and availability in youth-friendly flavors. In addition to the possible health risk associated
with these products, there is growing concern that use of e-cigarettes in public places and places of
employment could increase social acceptance of smoking, and trigger relapse in those who are trying to quit
smoking.
Because these products look incredibly similar to tobacco cigarettes, they may provide models for
unhealthy behavior, particularly among youth, and complicate enforcement of state and local laws
governing the smoking of tobacco products in public places.
PROPOSED AMENDMENT TO THE COUNTY’S SECONDHAND SMOKE AND TOBACCO PRODUCTS
ORDINANCE (Chapter 445 of the County Code). Staff was directed to work with County Counsel to draft an
amendment to the County’s current ordinance to address these issues. On November 5, 2012, the Family and
Human Services Committee reviewed and approved the attached ordinance amendment to prohibit the use of
e-cigarettes in areas where smoking is prohibited and to require a tobacco retailer license for retailers selling
e-cigarettes. The Committee also directed staff to develop language to change the definition of “multi-unit
residence” to include “two or more units”. The ordinance (Attachment II) prohibits the use of electronic cigarettes
at all places where smoking is prohibited and requires a tobacco retailer’s license for the sale of electronic
cigarettes. The ordinance accomplishes this by amending the definitions of “smoking” (subsection (i) of the
section 445-2.006) and “tobacco product” (subsection (k) of the section 445-2.006) and by adding a new
definition of “smoke” (subsection (h) of the section 445-2.006). The ordinance excludes any product specifically
approved by the United States Food and Drug Administration for use in treating nicotine dependence or tobacco
dependence from the definition of “tobacco product”. It also changes the definition of "multi-unit residence" as a
building that contains two or more dwelling units, and excludes from that definition a primary residence with a
permitted second unit.
Implementation issues: Staff reports that the City of Concord prohibits the use of e-cigarettes in places where
smoking is prohibited, and other jurisdictions across the country have adopted laws to regulate the use of
e-cigarettes in public places. These include the state of New Jersey; Savannah, GA; Sufflolk County, NY; Kings
County WA; and Tacoma WA. The United States Department of Transportation has also banned the use of
electronic cigarettes on US carrier and foreign carrier flights. Additionally, four other California jurisdictions have
adopted language in their secondhand smoke protections ordinances that prohibits the use of e-cigarettes in places
where smoking is prohibited, and over twenty jurisdictions have language in their tobacco retailer licensing laws
similar to the proposed ordinance language that would require tobacco retailer licenses for retailers selling
e-cigarettes. To date, no implementation problems have been reported by states or local jurisdictions.
CONSEQUENCE OF NEGATIVE ACTION:
The public's health may not be protected to the extent possible.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Attachment 1
Ordinace - tracked changes
Ordinance - Revised Version
Contra Costa Substance Abuse Services Contra Costa Emergency Medical Services Contra Costa Environmental Health Contra Costa Health Plan
Contra Costa Hazardous Materials Programs Contra Costa Mental Health Contra Costa Public Health Contra Costa Regional Medical Center Contra Costa Health Centers
WILLIAM B. WALKER, M.D.
HEALTH SERVICES DIRECTOR
WENDEL BRUNNER, M.D.
PUBLIC HEALTH DIRECTOR
CONTRA COSTA
PUBLIC HEALTH
Community Wellness and
Prevention Program
597 Center Avenue
Suite 115
Martinez, California
94553-4670
Ph (925) 313-6820
Fax (925) 313-6840
Provisions of the County Secondhand Smoke Protections Ordinance*
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); and
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; and
On all balconies, patios, decks and carports for existing and new multi-unit housing.
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.
In 100% of all dwelling units of multi-unit housing residences that receive a building permit
after January 1, 2011.
Landlord Responsibilities:
Maintain and keep on file at the premises: (1) a list of all designated non-smoking units at the
residence; (2) a floor plan of the residence that identifies the location of all designated non-
smoking units, any units where smoking is permitted and any designated outdoor smoking
areas; and
Provide a copy of the list and floor plan, and a copy of any policy for addressing smoking
complaints to each prospective tenant along with every new lease or rental agreement for the
occupancy of a unit in a multi-unit residence.
Include lease terms with a clause stating it is a material breach of the lease to smoke in a non-
smoking unit or in any indoor or outdoor common area where smoking is prohibited.
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.
*These protections currently cover the unincorporated areas of Contra Costa County.
(OVER)
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 any location within the county unless otherwise prohibited by local, state or federal law; and
In up to 20 percent of guests room in any hotel, unless the hotel has designated the entire
hotel smoke-free;
In every building or other place where smoking is prohibited by law, the owner, operator or
manager must:
Post “No smoking” signs with letters of not less than one inch in height, or the use of the
international “No Smoking” symbol (consisting of a burning cigarette in a red circle with a red
bar across it), must be visibly posted in every building or other place where smoking is
regulated by the owner, operator, manager;
Not allow ashtrays or other receptacles for disposing of smoking material where smoking is
prohibited; and
Not knowingly allow smoking in smoking prohibited areas. The owner, operator or manager
must ask the person(s) to stop smoking in areas where smoking is prohibited.
Smoking is also prohibited, under other State and County laws, in certain areas including:
In any public building which is any building owned, leased or occupied by the state, the
county, a city or a California community college district;
In lobbies, lounges, waiting areas, elevators, stairwells and restrooms that are a structural part
of a covered public parking lot or a building to which a parking lot is attached;
In passenger vehicles owned by the state or Contra Costa County;
Inside and within 25 feet of a playground or tot lot sandbox area;
In any motor vehicle in which there is a minor (a person under 18 years of age), regardless of
whether the vehicle is in motion or at rest; and
On the premises of a licensed day care center and in a licensed family day care home (e.g., a
day care for children based in the home of the provider) during the hours of operation as a
family day care home and in those areas of the family day care home where children are
present.
For more information about protections in your city,
call the Tobacco Prevention Project at (925) 313-6216.
6/29/11