HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 04202009 - FHS Agenda Pkt
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C ONTRA C OSTA
P UBLIC H EALTH
597 CENTER AVENUE, SUITE 200
MARTINEZ, CALIFORNIA 94553
PH (925) 313-6712
FAX (925) 313-6721
WBRUNNER@HSD.CCCOUNTY.US
WILLIAM B. WALKER, M.D.
HEALTH SERVICES DIRECTOR
WENDEL BRUNNER, M.D.
DIRECTOR OF PUBLIC HEALTH
Memorandum
To: Family and Human Services Committee
Contra Costa Board of Supervisors
From: Wendel Brunner, MD
Director of Public Health
Date: April 14, 2009
Re: Recommendations for Strengthening Secondhand Smoke Protections in Contra
Costa County
Background
Secondhand Smoke is designated a Class A, known human carcinogen by the U.S.
Environmental Protection Agency. The California Environmental Protection Agency released a
study in October 2005 containing new, stronger evidence linking secondhand tobacco smoke to
a wide variety of adverse health effects, including increased incidences of cancer, heart disease
and respiratory ailments. This report led to the designation of secondhand smoke as a toxic air
contaminant by the California Air Resources Board on January 26, 2006. In June of 2006, the
US Surgeon General declared that there was no safe level of exposure to secondhand smoke.
The Board of Supervisors voted unanimously to adopt the Secondhand Smoke Protections
Ordinance on October 17, 2006. This ordinance expanded secondhand smoke protections by
restricting smoking in the following areas: within 20 feet of the doors, operable windows, air
ducts and ventilation systems of enclosed worksites or enclosed places open to the public;
outdoor dining areas; on public trails and in public parks; in service areas, (including ATM and
ticket lines, bus stops and taxi stands); in public event venues (such as farmers markets and
fairs); in common indoor and outdoor areas of multi-unit housing residences; within 20 feet of
doors, windows, air ducts and ventilation systems of multi-unit housing residences, except while
walking from one destination to another; and in any indoor workplace or indoor area open to
the public, including tobacco shops, owner or volunteer operated businesses and hotel lobbies.
On August 25, 2008, the Family and Human Services Committee of the Board of Supervisors
heard an Update on the Public Health Outreach and Education Plan for the Secondhand Smoke
Protections Ordinance from staff. The report highlighted progress made on implementation of
the ordinance, technical assistance provided to other cities, and challenges to the ordinance as
written.
∎ Contra Costa Community 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 ∎
Challenges to protecting residents from secondhand smoke under the County’s current
ordinance include:
1) bringing outdoor dining establishments and other businesses covered under the
ordinance into compliance, as the law currently exempts business owners from liability
for ordinance violations if they post the required no-smoking signs, so they have no
requirement to maintain a smoke free business; and
2) an increasing number of complaints from residents about drifting smoke between units in
multi-family housing residences.
The Family and Human Services Committee directed staff to make recommendations to address
these challenges, and to work with County Counsel to assure that these recommendations were
allowable under the law.
Recommendations for Strengthening Secondhand Smoke Protections Ordinance
After review of other laws in California jurisdictions, staff recommends an amendment to the
County Secondhand Smoke Protections Ordinance of 2006:
1. holding businesses accountable for smoking violations on property that is under their
control, in the same way that they are held accountable for smoking violations in
enclosed locations such as restaurants and other workplaces. This will be accomplished
through eliminating the provision of the current code that exempts business owners from
liability for ordinance violations if they post non-smoking signs. Fifty-two jurisdictions in
California have this provision including Berkeley, Dublin, Emeryville, Oakland, Pleasanton
and Alameda County. Richmond and Martinez are currently considering ordinances with
this provision; and
2. prohibiting ash receptacles in designated smoke free areas to deter smoking violations in
those areas. Local jurisdictions with this provision include Marin County and Novato.
Richmond and Martinez are currently considering ordinances with this provision; and
3. requiring landlords to disclose to prospective tenants the location of smoking and non-
smoking units and how drifting smoke complaints are handled. Local jurisdictions with
this provision include Belmont, Dublin, Oakland, Albany and Novato.
These recommendations have been reviewed by County Counsel, and have been found not to
be in conflict with state law.
Implementation of the new provisions would be conducted in the same manner implementation
of the 2006 Ordinance is being conducted. This has included working with the Business License
Office to include educational materials in the annual license renewal mailing, and responding to
complaints. Compliance efforts will continue to be conducted by Public Health through
educational warning letters.
Recommendation for additional Multi-family residences protections
Public Health also recommends that staff research additional policy options for protections in
Multi-family residences, and report back to the Family and Human Services Committee in six
months. This research will include examination of policy and implementation options.