creating healthy homes resources by center for wellbeing

Every landlord wants happy and healthy tenants. Happy tenants will care for the property, use space appropriately and stay longer. While the ultimate responsibility for personal health rests with the tenant, landlords can make choices that support their tenant’s health. Landlords can help by implementing policy changes within multi-unit housing complexes that create healthier living environments, recruit new tenants, and retain existing ones. These changes may include smoking and pet policies, planting low allergen landscaping and the use of low volatile organic chemical paints.

The Healthy Homes Toolkit will:

• Provide information on indoor air quality and asthma triggers

• Provide information on asthma friendly products

• Demonstrate how policies can save money

• Offer sample policies and lease agreements

The toolkit has been divided into the following sections to help you find resources quickly.

1. What is asthma?

2. Sources of indoor air contaminants

3. Additional information and resources

4. Sample lease agreements

5. Assessment tools

Return On Investment

Creating Healthy Home Polices Policies that support maintaining your rental property have a direct impact on your bottom line and can attract new tenants while retaining existing ones.

Smoke-Free Policy: Multi-unit housing complexes with smoke-free policies in place position themselves as providing options for renters while saving money on maintenance costs. Over 84% of Californians do not smoke and recent statewide polls revealed that 82% of apartment dwellers prefer to live in a smoke-free building or unit.

Turning over a unit that has housed a smoker can cost up to $1,500 while turning

over a smoke-free unit can cost up to $500. Cigarettes are the number one cause of residential fires. Smoke-free units

dramatically reduce burn and smoke damage to counter-tops, carpets and furniture.

Restricting smoking reduces disagreements among tenants and complaints to

managers.

Pet Policy: Many individuals have pet sensitivities or allergies. Allocating some units as pet-free provides housing options for allergy suffers as well as saving money on maintenance costs. The total pet population is more than 1000 million or about four pets for every 10 people.

Allergies to pets with fur or feathers are common, especially among people who have allergies or asthma.

From 15 to 30 percent of people with allergies have allergic reactions to cats and dogs.

Return On Investment

Maintenance Practices: Regular maintenance and repairs can protect your property from extensive damage that can cost much more in the long term.

Homes with health risks to occupants often have conditions that can accelerate

wear and tear on heating and cooling systems, and can cause structural damage such as wood rot or mold.

Failure to adequately address environmental hazards such as excess mold or

moisture is increasingly the subject of legal action. Adopting practices that address potential health hazards can reduce the potential of lawsuits and code violations.

Indoor Air Quality (IAQ): IAQ refers to the quality of the air and environment inside buildings, based on pollutant concentrations and conditions that can affect the health, comfort and performance of occupants -- including temperature, relative humidity, light, sound and other factors. Good IAQ is an essential component of any building, especially a green building.

Creating better IAQ can help building owners/managers and tenants minimize or

eliminate the negative health effects, liability, and costly renovations and repairs often associated with IAQ problems.

Improving IAQ involves designing, constructing, commissioning, operating, and maintaining buildings in ways that reduce pollution sources and remove indoor pollutants while ensuring that fresh air is continually supplied and properly circulated.

What is Asthma?

Asthma is a chronic lung disease that affects more than 17 million Americans. Asthma occurs when the airways in your lungs (bronchial tubes) become inflamed and constricted. The muscles of the bronchial walls tighten, and your airways produce extra mucus that blocks the passage of air in and out of the lungs. Asthma can't be cured, but its symptoms can be controlled by avoiding asthma triggers

Asthma Triggers

Asthma triggers are different from person to person. Exposure to various allergens and irritants can trigger signs and symptoms of asthma. Triggers include:

• Airborne allergens, such as pollen, animal dander, mold, cockroaches and dust mites • Air pollutants and irritants such as secondhand smoke • Respiratory infections, such as a cold • Physical activity (exercise-induced asthma) • Cold air • Certain medications, including beta blockers, aspirin and other nonsteroidal anti-

inflammatory drugs • Strong emotions and stress • Sulfites, preservatives added to some perishable foods • Gastro-esophageal reflux disease (GERD), a condition in which stomach acids back up

into your throat • Menstrual cycle in some women • Allergic reactions to foods such as peanuts or shellfish

Asthma signs and symptoms range from minor to severe, and vary from person to person. Some people have mild symptoms such as infrequent wheezing, with occasional asthma attacks. Between episodes they feel normal and have no trouble breathing. Others may have signs and symptoms with frequent coughing and wheezing or have symptoms primarily at night or only during exercise.

Inflammation

(707) 527-5864 www.sonomaasthma.org

Asthma—What happens in the lungs?

Normally, air travels comfortably through the open airways. Oxygen from the air enters the bloodstream through tiny air sacs at the end of the airways, and other invisible gases are breathed out. A thin layer of mucus lines the airways to trap and rid the lungs of unwanted particles. When asthma occurs, there are major changes in the airways. “Rubber band-like” muscles surrounding the airways contract and squeeze. This is called “broncho-constriction.” Within six to eight hours after exposure to a “trigger,” the airway linings become inflamed. Airway linings swell and excess mucus is produced, with the total effect of making breathing difficult, trapping air in the lungs, and in extreme cases, causing death or brain damage due to lack of oxygen. Material Provided by American Lung Association of Central California 1-800-LUNG-USA or 559-222-4800

Muscle layer contracts

Excess Mucus

Reduced Airway Opening

Bronchoconstriction

Alveoli with trapped air

Bronchiole

Tightened Muscle

(707) 527-5864 www.sonomaasthma.org

Asma ¿Qué Pasa en los Pulmones?

Normalmente, el aire viaja cómodamente por las vías respiratorias. Oxígeno del aire entra al sistema de sangre a través de pequeñas bolsas de aire al final de las vías respiratorias y otros gases invisibles son exhalados. Una capa delgada de mucosidad a línea las vías respiratorias y atrapan, desechando partículas que dañan al pulmón. Cuando asma ocurre, hay cambios mayores en las vías respiratorias. Músculos – como bandas elásticas rodean la vías respiratorias y se contraen. Esto se llama “constricción bronquial.” Entre 6 a 8 horas después de exponerse a una “agitación” los forros de las vías respiratorias se inflaman y un exceso de mucosidad se produce, causando que la respiración sea difícil, atrapando el aire en los pulmones y en casos extremos, causa muerte o daño al cerebro por falta de oxígeno. Material Provided by American Lung Association of Central California 1-800-LUNG-USA or 559-222-4800

Bolsas de aire con

aire atrapado

Músculo Contraído

Bronquiolo

Aberturareducida del bronquio

Exceso de mucosidad

La capa muscular se contrae

Cartílago

Músculo

Vía Respiratoria

Bronquio

Glándula de mucosidad

Cavidad Nasal

Pulmón izquierdo

Pulmón derecho

Bolas de aire Bronquíolo

Cavidad Pleural

Diafragma

Bronquíolo

Tráquea Laringe

Faringe

Epiglotis

Sonoma County Asthma ProfileJuly 2008

The County Asthma Profile is a data resource created by California Breathing for each of the 58 counties in California. Accompanying technical notes, county rankings for some asthma measures, and additional publications are available on the California Breathing website. In addition, we are pleased to offer technical as-sistance and custom data requests. www.californiabreathing.org

In Sonoma County, approximately 80,000 children and adults have been diag-nosed with asthma.

County PopulationAge 0–4 27,895

5–17 81,90918–64 317,077

65+ 66,049Total 492,930

Data Source: California Department of Finance, 2006

Lifetime Asthma Prevalence,1 2005

Percent with Asthma (95% Confidence Interval2)

Age Sonoma County California

Children 0–4 — 9.7 (8.2-11.1) 5–17 22.1 (12.0-32.2) 18.0 (16.8-19.1)

Total (0–17) 20.2 (11.4-29.0) 16.1 (15.2-17.1)Adults 18–64 17.6 (12.3-22.9) 13.0 (12.5-13.5)

65+ 10.0 (4.3-15.7) 11.2 (10.3-12.1) Total (18+) 16.4 (11.8-20.9) 12.7 (12.3-13.2)

Data Source: California Health Interview Survey (CHIS), 2005

Asthma Management PlansNational guidelines recommend that health care providers give all patients with asthma a written self-management plan. In Sonoma County, 58.1% (95% CI 44.3-71.9) of people with asthma have NOT re-ceived an asthma management plan from a health care provider.Data Source: CHIS, 2005

Work-Related Asthma4

Studies show that asthma is triggered by workplace exposures, yet work-related asthma is under-recog-nized and under-diagnosed. The American Thoracic Society estimates that 15% of adult asthma is related to workplace exposures.* This means that an esti-mated 5,000 adults in Sonoma County may have work-related asthma.Data Source: CHIS, 2005

* Balmes J, Becklake M, Blanc P, et al. Environmental and Occupational Health Assembly, American Thoracic Society. American Thoracic Society Statement: Occupational Contribution to the Burden of Airway Disease. Am J Respir Crit Care Med. 2003;167:787-797.

Asthma Risk FactorsSmokingExposure to tobacco smoke puts people at increased risk for asthma and its symptoms. In Sonoma County, 14.5% (10.5-18.5) of adults currently smoke. Ad-ditionally, 7.2% (95% CI 4.2-10.2) of adults and children are exposed to second-hand smoke in their homes.Data Source: CHIS, 2005

Obesity3

People who are obese are more likely to have asth-ma. In Sonoma County, 24.2% (95% CI 19.3-29.1) of adults and adolescents are obese.Data Source: CHIS, 2005

PovertyLow income has been linked to more severe asthma. In Sonoma County, 8.4% of people have household incomes below the Federal Poverty Level.Data Source: US Census Bureau, 2004

Outdoor Air Pollutants5

Data on air pollutants are from the California Air Re-sources Board (CARB) Aerometric Data Analysis and Measurement System (ADAM). In Sonoma County, there are four air monitors that measure ambient concentrations of particulate matter (PM) and two air monitors that measure ambient concentrations of ozone. Please note that the placement of air monitors is determined based on regulatory purposes, not pub-lic health purposes. For more information on outdoor air pollutants or to find the location of air monitors please visit www.arb.ca.gov.

Particulate Matter6

Annual Average,

2007

Maximum 24-Hour

Average, 2007

Estimated Days Over the 24-Hour Standard, 2007

PM10 17.1µg/m3 43 µg/m3 0*PM2.5 7.6 µg/m3 32 µg/m3 0**

*Compared to the California 24-hour standard for PM10 of 50 µg/m3.**Compared to the national 24-hour standard for PM2.5 of 65 µg/m3.

Ozone7

Maximum 8-Hour Average, 2007

Number of Days Over the National 8-Hour

Standard, 2007

0.067 ppm 0

Asthma Emergency Department Visits,8 2006

Number of ED Visits Due to Asthma (N) and Age-Adjusted Rate9 (per 10,000 residents)

Sonoma County California

Age N Rate N Rate

Children 0–4 320 114.7 27,462 103.1 5–17 365 45.6 37,877 55.2

Total (0–17) 685 64.1 65,339 68.0Adults 18–64 1,288 42.7 84,589 35.9

65+ 214 32.0 14,406 35.1 Total (18+) 1,502 40.8 98,995 35.8

Data Source: Office of Statewide Health Planning and Development (OSHPD), 2006

Expected Source of Payment for Asthma ED Visits, 2006


ED Visits Medicare 13.4% 11.4% Medi-Cal 29.5% 32.3%

Private 39.8% 34.2% Other 17.4% 21.7%

Data Source: OSHPD, 2006

Asthma Hospitalizations,10 2006

Number of Hospitalizations Due to Asthma (N) and Age-Adjusted Rate9 (per 10,000 residents)


Age N Rate N Rate

Children 0–4 54 19.3 6,554 24.5 5–17 27 3.5 4,881 7.2

Total (0–17) 81 7.8 11,435 11.9Adults 18–64 128 3.9 13,736 5.8

65+ 78 11.1 8,082 19.6 Total (18+) 206 5.1 21,818 8.1


Average Charges12 Per Asthma Hospitalization, 2006

Age Sonoma County California

Children (0–17) $6,148 $12,505

Adults (18+) $15,511 $27,278


Expected Source of Payment for Asthma Hospitalizations, 2006


Hospitalizations Medicare 28.9% 27.4% Medi-Cal 18.1% 34.5%

Private 41.1% 28.4% Other 11.9% 9.7%


www.californiabreathing.org

Asthma DisparitiesAge-Adjusted Asthma Hospitalizations and ED Visits per 10,000 Sonoma County Residents by Race/Ethnicity,11 2006

0

30

60

90

120

150Asian/PIHispanicBlackWhite

ED VisitsHospitalizations

Rate

White Black Hispanic Asian/PI


Missing bars indicate that rates are unavailable.

Asthma Deaths,13 2003–2005

Number of Deaths Due to Asthma (N) and Age-Adjusted Rate9 (per 1,000,000 residents)


Age N Rate N Rate

Children 0–4 <5 — 18 2.35–17 <5 — 43 2.0

Total (0–17) <5 — 61 2.1Adults 18–64 7 --- 616 9.0

65+ 9 --- 718 57.4

Total (18+) 16 --- 1,334 17.3

Data Source: California Death Public Use Tape, 2003–2005

Healthy People 201014

Asthma Hospitalizations per 10,000 Residents by Age, Compared to HP2010 Targets, California and Sonoma County, 2006

0

5

10

15

20

25

30HP2010CaliforniaSO

65+5-640-4

Rate

Age (years)

Sonoma California HP2010

Asthma ED Visits per 10,000 Residents by Age, Compared to HP2010 Targets, California and Sonoma County, 2006

0

20

40

60

80

100

120HP2010CaliforniaSO

65+5-640-4

Rate

Age (years)

Sonoma California HP2010



Notes1. Lifetime asthma prevalence is the proportion of people in the population who have ever been diagnosed with asthma by a health provider.2. The 95% confidence interval (CI) is a range that expresses a level of certainty about an estimate based on the margin of error. The 95% CI means

that we are 95 percent confident that this range contains the true population percent. A narrow CI means that there is less variability in the estimate and/or there is a larger sample size. A wide CI indicates more variability and/or a smaller sample size.

3. For adults, obesity is defined as a body mass index (BMI) of 30 or greater. For adolescents, obesity is defined as BMI greater than or equal to the 95th percentile of the same age and gender group.

4. Work-related asthma is asthma that is caused or triggered by conditions or substances in the workplace.5. Particulate matter (PM) and ozone are pollutants in the air that can cause a worsening of asthma symptoms. PM10 and PM2.5 (particles less than 10

microns or 2.5 microns in diameter, respectively) pose the greatest health concern because they can pass through the nose and throat and get into the lungs. Ozone (O3) is a gas that at ground level reacts chemically with lung tissue and people with asthma are vulnerable to its effects.

6. The annual average is the average of the year’s local measurements. The maximum 24-hour average is the highest local daily average observed within the year. The estimated days over the 24-hour standard is the estimated number of days in the year that the state or national standard would have been exceeded had sampling occurred every day of the year. PM10 statistic may include data that are related to an exceptional event.

7. The maximum 8-hour average is the highest 8-hour average ozone concentration in the year. The number of days over the national 8-hour standard is the number of days in each year that the maximum 8-hour average concentration was greater than or equal to 0.085 parts per million.

8. An asthma ED visit is an admission to a licensed ED in California with the primary diagnosis of asthma. The rate of asthma ED visits is the number of visits per 10,000 residents.

9. Population denominators for rates are from the California Department of Finance. All rates are age-adjusted to the 2000 U.S. population. Age-adjust-ed rates are modified to eliminate the effect of different age distributions in different populations. Rates based on numbers <20 are not reported.

10. An asthma hospitalization is a discharge from a licensed acute care hospital in California with the primary diagnosis of asthma. The rate of asthma hospitalizations is the number of hospitalizations per 10,000 residents, age-adjusted to 2000 U.S. population.

11. Please see technical notes for more information on race/ethnicity categorizations.12. Charges for asthma hospitalizations are the only type of data available to assess the costs of asthma in California counties. However, there are

many other costs associated with asthma, including other types of health care utilization, medications, and indirect costs due to factors such as school and work missed.

13. An asthma death is a death where asthma was indicated as the underlying cause on the death certificate. The rate of asthma deaths is the number of deaths per 1,000,000 residents, age-adjusted to the 2000 U.S. population.

14. Healthy People 2010 (HP2010) is a set of national benchmarks for a wide range of health topics, including asthma. For more information on HP2010, visit www.healthypeople.gov.

Further details about the data presented in this report can be found in the accompanying Technical Notes document (www.californiabreathing.org).


SOURCES OF INDOOR AIR CONTAMINANTS Indoor air contaminants can originate within a building or be drawn in from outdoors. It may be helpful to think of air pollutant sources as fitting into one of the categories that follow. The examples given for each category are not intended to be a complete list. Sources Outside Building

• Pollen from landscaping • Drifting secondhand smoke

Moisture Promoting Mold Growth

• Rooftops after rainfall • Crawlspace • Leaky pipes • Poorly designed drains

Personal Activities

• Smoking • Owning pets

Maintenance Activities

• Painting • Caulking • Adhesives • Cleaning products

Unsanitary Conditions

• Rodents and insects

Sources Outside Buildings

Pollen is an airborne allergen that may set off numerous asthma symptoms in sensitive people at certain times of the year. Pollen originates in plants but can enter the home through windows, doors, and ventilation systems. Pollen is tiny, egg shaped male cells found in flowering plants. You may know pollen better as the tiny, powdery granules that plants use during the fertilization process. The size of a typical spore is smaller in diameter than a human hair. There are different types of pollen. Some are large and waxy, while others are light, small, and dry. The first type is found on flowers such as roses and is mostly carried from plant to plant by birds and insects. This type of pollen does not trigger allergies or allergic asthma.

Light, dry pollens, which are found on certain trees, grasses and low weeds like ragweed, are easily picked up and disseminated by air currents and wind. This type of pollen triggers allergies and allergic asthma.

Replacing existing landscape with allergen free plants may not be very practical but future planting and the replacement of dead plants is. A list of allergen free plants is included.

Moisture Promoting Mold Growth

In the indoor environment, molds are an unwelcome visitor. They can cause structural damage by decomposing wood, drywall, carpeting and other organic building materials, and can also cause health problems. Molds generally cause health problems by producing allergens, toxic substances called mycotoxins, and asthma attacks. Allergic responses to mold include hay fever-type symptoms, such as sneezing, runny nose, respiratory irritation, eye irritation, and skin rash.

Contaminated central air handling systems can become breeding grounds for mold and can distribute these contaminants through the home. Standing water, water-damaged materials, or wet surfaces also serve as breeding grounds for mold, mildew, bacteria, and insects. House dust mites, the source of one of the most powerful biological allergens, grow in damp, warm environments. By controlling the relative humidity level in a home, the growth of some mold can be minimized. A relative humidity of 30-50 percent is generally recommended for homes.

Personal Activities

Asthmatics are especially at risk from secondhand smoke. The Environmental Protection Agency estimates that exposure to secondhand smoke increases the number of episodes and severity of symptoms in hundreds of thousands of asthmatics and may cause thousands of non-asthmatics to develop the disease each year.

According to John Howard, M.D., Chief of the California Division of Occupational Safety and Health (CAL OSHA); "Tobacco smoke travels from its point of generation in a building to all other areas of the building. It has been shown to move through light fixtures, through ceiling crawl spaces, and into and out of doorways." It is important to remember that tobacco smoke can enter an apartment from the open window of another tenant, or from patios and balconies.

In 2006, 76 percent of Californians supported a policy that requires at least half of apartment complex units to be smoke-free. This is a significant increase from 63 percent in 2001. More notably, 63 percent of smokers support policies to make some apartment units smoke-free, a sharp increase from 44 percent in 2001. (California Adult Tobacco Survey, 2006; Field Research Corporation Survey 2004)

Providing smoke-free apartment buildings can be considered a new amenity. It has worked well in the hotel industry, which offers smoke-free rooms, and many hotel chains are designating properties as smoke-free. Consider developing a no-smoking policy. You may want to designate one building completely smoke-free or you may even consider designating entire properties as smoke-free.

Dogs, cats, rodents (including hamsters and guinea pigs) and other mammals can trigger asthma in individuals with an allergic reaction to animal dander. Proteins in the dander, urine or saliva of warm-blooded animals (e.g., cats, dogs, mice, rats, gerbils, birds, etc.) have been reported to sensitize individuals and cause allergic reactions or trigger asthma episodes in individuals sensitive to animal allergens.

The most effective method to control animal allergens is to not allow animals in the home. If an animal has resided in the home, it is important to clean the home (including floors and walls, but especially carpets and drapery) thoroughly. Pet allergen levels are reported to stay in the home for several months after the pet is removed even with cleaning. Just like smoking, many property owners may decide to designate buildings or entire properties as pet free.

Maintenance Activities

Volatile Organic Compounds (VOC) has been a key component of the composition of oil based paint, caulking, adhesives and cleaning products. Exposure to VOC’s can trigger asthma attacks, eye irritation and respiratory problems.

Given the health concerns of consumers and new government regulations, alternative products have been coming on the market over the past few years and now present a well rounded, economical choice over VOC intensive products. Voluntary standards for VOC content in alternative products have been established by Green Seal, an independent non-profit that sets standards for environmentally responsible or “green” products. The Green Seal certification is based on VOC content, the absence of chemicals, durability, and performance.

There is a zero VOC colorant system called Intrinsic Colors that was developed by Bay Systems North America (BSNA). The BSNA colorant system does not incorporate additional solvents, surfactants or glycols. AFM Safe Coat produces a caulking compound that is a water-resistant, flexible sealant with excellent adhesion. This caulking will not dry out or crack, and does not release any solvents. It can be used in sinks, showers, around pipes, and between walls and woodwork.

Unsanitary Conditions

Allergens associated with cockroaches and rodents are potent and pervasive asthma triggers. They are especially prevalent in substandard housing. Sensitivity and exposure to rodents and cockroaches is significantly associated with an increased likelihood of asthma symptoms.

The proteins found in cockroach saliva are particularly allergenic but the body and droppings of cockroaches (cockroach dust) also contain allergenic proteins. Rodent allergens are likely from rodent urine, saliva, or skin. The protein in urine from rats and mice is a potent allergen and when it dries, it can become airborne and can be inhaled.

Rodent control begins with sanitation. While rodents find warmth and shelter inside structures, food is their first reason for living in and around structures.

Trash should be stored in tightly sealed containers such as trash cans and dumpsters with lids. Replacement of a municipality’s trash containers with “rodent-proof” containers should be a part of a rodent management plan, especially for areas where rodents are a recurring problem.

Dumpsters should be placed as far away from structures as is practical, equipped with tight-fitting covers, and have no holes larger than ¼-inch. Dumpster drain openings should be securely plugged. Dumpsters and trashcans, as well as the areas underneath and around them, should be kept clean.

Water management is also important for rodent control. Outdoors, water should not be allowed to puddle around structures. Faulty grades should be filled to slope away from the structure. Gutters and downspouts should be kept free of debris and avoid standing water around air-conditioning units. Correct indoor moisture problems by repairing leaking pipes and faucets.

The old methods of pest control rely on monthly spraying of volatile and toxic insecticides for roaches and use of strong poisons for rodents. These methods are costly, ineffective in the long run, and potentially dangerous. Even when administered properly, spraying can leave persistent pesticide residue. Irritant chemicals in some insecticide sprays can trigger asthma attacks. The state-of-the-art in the pest control industry is Integrated Pest Management (IPM), which is safer, more effective, and cheaper in the long run than the old methods. IPM utilizes pest monitoring, environmental controls, mechanical capture, and targeted applications of small amounts of low-volatility, least-toxic pesticides.

Low-Allergy Plants and Trees

Stonecrop (Sedum)Sweet Pea (Lathyrus)Tiger Flower (Tigridia pavonia)Triplet Lilies (Triteleia)True Ginger (Zingiber officinale)Tulip (Tulipa)Yellow Trumpet Vine (Macfadyenaunguis-cati)Wandering Jew (Tradescantia zebrina)Windflower (Anemone)Vinca Rosa (Catharanthus roseus, V. minor, V. major, V. rosea)Zinnia

Version date: Sept, 2004

Grape Hyacinth (Muscari)Harlequin Flower (Sparaxis)Hens and Chicks (Echeveria elegans, Sempervivum tectorum)Hollyhock (Alcea rosea)Hyacinth (Hyacinthus)Hibiscus Hydrangea (H. macrophylla)Ice plant (Cylindrophyllum,

Cephalophyllum, Delosperma, Drosanthemum, Lampranthus)

ImpatiensIrisJerusalem Sage (Phlomis fruticosa)Johnny Jump Up (Viola)Lamb's Ear (Stachys byzantina)Lemon Verbena (Aloysia triphylla)Lily of the Nile (Agapanthus)Lisianthus (Eustoma grandiflorum)Live Forever (Dudleya)Livingston Daisy (Dorotheanthus bellidiformis)LobeliaLupine (Lupinus)Mexican Primrose (O. speciosa)Monkey Flower (Mimulus cardinalis, M. x hybridus)Morning Glory (Convolulus, Ipomoea)Mt. Phlox (Linanthus)Nasturtium (Propaeolum)Nemesia strumosaNew Zealand Flax (Phormium tenax)Night Blooming Cactus (Cereus)Orchid (Orcidaceae)Pansy (Viola)Penstemon (P. heterophyllus)Periwinkle (Vinca)PetuniaPiggy-Back Plant (Tolmiea menziesii)Pink Polka-Cot (Hypoestes phyllostachya)Plumbago (Ceratostigma)Poppy (Papaver)Primrose (Primula, Oenothera)Purple Heart (Tradescantia Setcreasea pallida)Rose Moss (Portulaca grandiflora)SalviaScarlet Gilia (Ipomopsis rubra)Sea Lavender (Limonium)Shrimp Plant (Justicia brandegeeana)Shooting Star (Dodecatheon)Snapdragon (Antirrhinum majus)Soapwort (Saponaria)Speedwell (Veronica)Spider Lily (Crinum asiaticum)Spring Star Flower (Ipheion uniflorum)Sternbergia lutea

The plants listed in this brochure have a rating of less than 4on the OPALS scale developed by Tom Ogren, author ofAllergy-Free Gardening. The OPALS scale takes intoaccount the method of pollination, plant family, size, fra-grance, length of pollination time, and other pollen factors.

Thanks to Vincent Lazano at U.C. Cooperative Extension,County of San Diego, Steve Brigham, Buena CreekGardens, and Kenneth Anderson, Walter Andersen Nurseryfor their assistance.

For a more extensive list of low-allergyplants and trees, see

www.sdrac.orgor contact:

Joni Low (619) 297-3901 ext. 112

TreesBradford Pear (Pyrus calleryiana)California Fan Palm, (Washingtonia filifera)Cape Chestnut (Calodendrum capense)Chinese Lantern, Flowering Maple (abutilon)Chinese Maidenhair Tree (Ginkgo biloba 'Autumn Gold')Crape Mrytle (Lagerstroemia indica)Firewheel Tree (Stenocarpus sinuatus)Flame Tree, Chinese (Koelreuteria bipinnata)Goldenrain (Koelreuteria paniculata)Jacaranda (Jacaranda mimosifolia)Loquat (Eriobotrya) Macadamia Nut Tree (M. hybrids, M. tetraphyllia)Palm (Chamaedorea, Washingtonia robusta, W. filifera)Persimmon, American (Diospyros virginiana)Pine, Italian Stone (Pinus pinea)Ponytail Palm (Beaucarnea recurvata)Purple Leaf Plum (Prunus cerasifera) Purple Orchid tree (Bauhinia purpurea)Raywood Ash (Fraxinus oxycarpa, F. augustifolia )St. John's Bread (Ceratonia siliqua)Strawberry Tree, Madrona, (Arbutus menziesii)Tipu Tree (Tipuana tipu)Torrey Pine (Pinus torreyana)True Myrtle (Myrtus communis)Wisteria, Chinese (W. sinensis)

Shrubs and Larger PlantsBambooBanana Shrub (Michelia figo)Barrel Cactus (Echinocactus)Bluebell Creeper, Australian (Sollya heterophylla)Bush Poppy (Dendromecon rigida)California Holly (Heteromeles arbutifolia)Cape Fuchsia (Phygelius capnesis)Cape Plumbago (Plumbago auriculata)Chilean Guava (Ugni molinae)DisanthusFlame Vine (Pyrostegia venusta)Gaura (Gaura lindheimeri)Germander (Teucrium)Heavenly Bamboo (Nandina domestica)Indian Hawthorne (Rhaphiolepis indica)Irish Heath (Daboecia)Manzanita (Arctostaphylos species)Mexican Orange (Choisya ternate)Mirror Plant (Coprosma repens)Mock Orange (Philadelphus coronaries, P.lewisii, P. mexicanus) Natal Plum (Carissa macrocarpa)New Zealand Lacebark (Hoheria populnea)Orange Jessamine (Murraya paniculata)

Oregon Grape (Mahonia aquifolium)Passion Vine (Passiflora)Philodendron, Split Leaf (Monstera deliciosa)PotentillaSago Palm (Cycas revoluta)Silk Tassel (Garrya elliptica, female)Strawberry Tree (Arbutus unedo)Succulent (Crassula Cotyledon)Sword Fern (Nephrolepis)Woolly Blue Curls (Trichostema lanatum)Yucca

Turf and Low Growing PlantsAngel's Tears (Soleirolia soleirolii)Baby's Tears (Soleirolia soleirolii)Bermunda grass - Princess 77Blue Star Creeper (Laurentia Isotoma, fluviatilis)Cup Flower (Nierembergia)Dichondra (D. micrantha)Ground Ivy (Glechoma hederacea)Ice Plant (Lampranthus oscularia, L. osularia)Lilyturf (Liriope)Lippia (Phyla nodiflora)Moses-in-the-Cradle (Rhoeo spathacea - Rhoeo S.)Pampas Grass (Cortaderia Selloana, female)Red-Apple Iceplant (Aptenia cordifolia)Rockcress (Arabis)Sea Pink Thrift (Armeria)Sunrose (Helianthemum nummularium)Tall Fescue (F. elatior)Yellow-Eyed Grass (Xyris)

Herbs, Fruits and VegetablesArtichoke (Cynara scolymus)Avocado (persea)Beet (Beta vulgaris)Bell peppers, Chili peppers (Solanaceae)Chervil (Anthriscus cerefolium)Chives (Allium schoenoprasum)CitrusDill (Anethum graveolens)Guava (Psidium)Hyssop (Hyssopus officinalis)Peach, Nectarine ((Prunus persica)Pomegranate (Punica granatum)Savory (Satureja)StrawberriesSwiss Chard (Beta vulgaris)Thyme (Thymus)Tomato (Solanaceae)

FlowersAfrican Corn Lily (Ixia)African Violet (Saintpaulia)Amaryllis (Hippeastrum)AnemoneAstromeriaAzaleaBalloon Flower (Platycodon grandiflorus)Bear's Breech (Acanthus mollis)Begonia (Begoniaceae)Belladonna Lily (Amaryllis belladonna)Bird of Paradise (Strelitzia)Black eyed Susan (Rudbeckia, Thunbergia)Blazing Star (Mentzelia)Bluebells, Spanish (Hyacinthoides hispani-ca)Bougainvillea (Nyctaginaceae)Breath-of-Heaven (Coleonema)Blue False Indigo (Baptisia australis)Bugle Lily (Watsonia)Bush Poppy (Dendromecon rigida)CactusCalifornia Poppy (Eschscholzia californica)Camellia (Theaceae)Canna Lily (Cannaceae)Cape Cowslip (Lachenalia)Cape Fuchsia (Phygelius capensis)Carnations (Dianthus)Christmas Cactus (Schlumbergera x. buckleyi)Clematis (Ranunculaceae)Cliff Rose (Cowania mexicana stansburiana)Coast Rosemary (Westringia)Coleus (coleus x. hybridus)Columbine (Aquilegia)Coral Bells (Heuchera)Creeping Zinnia (Sanvitalia procumbens)Crocos Montbretia (Crocosmia x. crocosmi-iflora)Cyclamen (Primulaceae)Daffodil (Narcissus)Daylily (Hemerocallis)Delphinium (Ranunculaceae)Elephant's Ears (Colocasia esculenta)Evening Primrose (Oenothera macrocarpa)Flame Freesia (Tritonia)Forget-Me-Not (Anchusa)Foxglove (Digitalis, Rehmannia elata)Freesia (Iridaceae)Fuchsia, California (Zauschneria)Geranium (Geraniaceae)Gladiolus (Iridaceae)Godetia (Clarkia)

Mold Basics

Why is mold growing?

Molds are part of the natural environment. Outdoors, molds play a part in nature by breaking down dead organic matter such as fallen leaves and dead trees, but indoors, mold growth should be avoided. Molds reproduce by means of tiny spores; the spores are invisible to the naked eye and float through outdoor and indoor air. Mold may begin growing indoors when mold spores land on surfaces that are wet. There are many types of mold, and none of them will grow unless the right temperature, moisture, and food are present.

Can mold cause health problems?

Molds are usually not a problem indoors, unless mold spores land on a wet or damp spot and begin growing. Molds have the potential to cause health problems. Molds produce allergens (substances that can cause allergic reactions), irritants, and in some cases, potentially toxic substances (mycotoxins). Inhaling or touching mold or mold spores may cause allergic reactions in sensitive individuals. Allergic responses include hay fever-type symptoms, such as sneezing, runny nose, red eyes, and skin rash (dermatitis). Allergic reactions to mold are common. They can be immediate or delayed. Molds can also cause asthma attacks in people with asthma who are allergic to mold. In addition, mold exposure can irritate the eyes, skin, nose, throat, and lungs of both mold-allergic and non-allergic people.

How do I get rid of mold?

It is impossible to get rid of all mold and mold spores indoors; some mold spores will be found floating through the air and in house dust. The mold spores will not grow if moisture is not present. Indoor mold growth can and should be prevented or controlled by controlling moisture indoors. If there is mold growth in your home, you must clean up the mold and fix the water problem. If you clean up the mold, but don't fix the water problem, then, most likely, the mold problem will come back.

Mold Cleanup Guidelines

The tips and techniques presented in this section will help you clean up your mold problem. Professional cleaners or remediators may use methods not covered in this publication. Mold can cause staining and cosmetic damage that may not be restored to its original appearance.

• Fix plumbing leaks and other water problems as soon as possible. • Dry all items completely. • Scrub mold off hard surfaces with detergent and water, and dry completely. It is

important to protect your lungs and your skin when cleaning. At a minimum you should wear a paper respirator mask and rubber gloves when cleaning.

• Absorbent or porous materials, such as ceiling tiles, drywall, clothing, bedding, and carpet, should be thrown away if they become moldy. Again, make sure you protect yourself. Mold can grow on or fill in the empty spaces and crevices of porous materials, so the mold may be difficult or impossible to remove completely.

• Avoid exposing yourself or others to mold. Mold can easily become airborne, be sure to bag anything that has mold growth on it before it is moved through the house.

• Do not paint or caulk moldy surfaces. Clean up the mold and dry hard surfaces before painting. If there is mold growth on a porous surface; it is highly recommended that the material be removed and replaced. Paint applied over moldy surfaces is likely to peel.

• If you are unsure about how to clean an item or if the item is expensive you may wish to consult a specialist. Specialists in furniture repair, restoration, painting, art restoration and conservation, carpet and rug cleaning, water damage, and fire or water restoration are commonly listed in phone books. Be sure to ask for and check references and make sure the specialist has training and experience in mold remediation. Look for specialists who are affiliated with professional organizations such as: Institute of Inspection, Cleaning, Restoration Certification, Indoor Air Quality Association, or the Restoration Industry Association.

Property Owner Services

• Moisture Consultants can help in determining the cause of wall, window and roof leaks or water spotting problems. We can also help in suggesting methods of solving these problems.

• If you have a mold problem and have had an Environmental Consultant recommend that your water intrusion problem be repaired before commencing remediation, we can help with that.

• You may have had a leak and want to be sure that everything is dry. Moisture Consultants can perform an investigation using state-of-the-art monitoring equipment to verify that the impacted area is dry.

• You have had a water loss, toilet or sink overflow or washing machine back-up and have hired a local restoration contractor dry and clean-up the mess and you don't think they did a good job. Moisture Consultants can review the handling of the loss and verify if in fact they performed their duties properly.

• You see mold and don't know what to do. Should you call an Environmental Consultant and spend thousands of dollars? Moisture Consultants can help you by investigating the source of the problem, determining the area impacted and assessing all the different factors that are important to consider when making that decision.

Moisture Consultants 1024 Clegg Court

Petaluma, California 94954

24-Hour, Toll Free, Help Line: 1-866-359-9800

Fax: 1-707-769-9909

email us at [email protected]

Policy Statement 12: Smoke-Free Housing Choice

California Apartment Association (CAA) believes that owners and managers of residential rental property should be free to set smoking and non-smoking policies for their rental homes and communities. CAA believes that market forces are the best way to designate units and the common areas of the property for both smokers and non-smokers in residential rental housing so that all residents are able to use and enjoy their homes. CAA also believes that damage caused by tobacco smoking in the unit constitutes damage beyond reasonable normal wear and tear, and it justifies a deduction from the security deposit by the property owner to make repairs and to clean the unit.

Background

Over the last decade, there has been a dramatic change in Californian’s expectations regarding exposure to environmental tobacco smoke. Recent surveys indicate that over 80 percent of renters in California prefer housing with smoke free areas. In response to member inquiries and to enable the industry to address this resident demand voluntarily, CAA has made available an Addendum for Tobacco Smoke Free Areas. This form allows certain common areas, certain units, or the entire property to be designated as smoke free.

CAA believes that restricting smoking in a lease is no different than restrictions on noise, quiet hours, pool use, pets and guests – these are all house rules that protect residents and the owner’s property. In addition, there is no constitutional “right to smoke.” According to a 1999 Legislative Counsel Opinion “Discrimination against smokers by landlords serves legitimate business interests by potentially reducing the risk of fire damage and, in turn, reducing insurance and maintenance costs.” In addition, civil rights suits in the employment context suggest that smoking is not a disability, and smokers are not a protected class.

California’s Civil Code Section 1950.5 allows an owner to collect a security deposit from a tenant in order to compensate the owner for a tenant’s default in the payment of rent or for, among other things, the repair of damages to the premises, exclusive of normal wear and tear, caused by the tenant. The owner is also authorized by law to use the deposit to pay for the cleaning of the unit upon the termination of the tenancy in order to return the unit to the same level of cleanliness that existed at the time the tenant took possession. Refurbishing the apartment of a heavy smoker for the next resident always requires more time and effort in repainting (particularly surface preparation). In many instances, carpeting, draperies, and upholstered furniture must be replaced rather than cleaned. CAA believes that these are damages to the unit that far exceed normal wear and tear.

California's Labor Code Section 6404.5, which bars smoking in any enclosed work area, applies to enclosed common areas of apartment or condominium buildings or complexes such as lobbies, hallways, laundry rooms, stairways, elevators, and recreation rooms that are all considered places of employment. CAA believes that prohibitions on smoking in other areas of residential rental properties should be part of the rental agreement rather than codified in a state or local law. This will allow property owners to develop individualized policies that are appropriate to their property and the needs of all Residents.

HUD Legal Counsel Opinion: Landlords are free to make apartments totally smoke-free

Pursuant to a request from the Smoke-Free Environments Law Project (SFELP), the Chief Counsel of the Housing & Urban Development (HUD) field office in Detroit issued an opinion on July 18, 2003 in which she stated that: "Currently, there is no HUD policy, by statute, regulation, handbook or otherwise that restricts landlords from adopting a prohibition of smoking in common areas or in individual units." The opinion goes on to state that there is nothing in federal law, including the federal Fair Housing Act (see SFELP analysis of the FHA as noted below), or in Michigan law (see Michigan AG Opinion as noted below) which prevents a landlord from making some or all of his/her apartment units smoke-free.

The opinion states: "Similar to Michigan law, federal law does not prohibit the separation of smoking and non-smoking tenants in privately owned apartment complexes and in fact, does not prohibit a private owner of an apartment complex from refusing to rent to smokers." The only caveats to this policy which the opinion lists are: 1) if the apartment owner wishes to make the policy a condition of the lease, HUD approval is necessary to the extent that the owner is bound to utilize HUD's model lease; and 2) "if owners seek to make their complexes smoke-free they must take caution to grandfather in those smoking residents currently residing at the complex."

This opinion is almost certainly applicable to virtually all states, since, as in Michigan, it is almost certain that no state has laws which make smokers a "protected class." Persons in states other than Michigan will want to check laws of the applicable state, and also check on whether there may already be a court decision(s) or an Attorney General opinion which states that landlords have the right to make some or all apartment units smoke-free.

We are delighted to have been able to obtain this opinion from HUD after many months of work with them. We sought this opinion specifically because some landlords wanted to adopt total smoke-free policies, but they had some HUD-assisted units and therefore they wanted assurance that HUD would support them if a potential renter challenged their right to require no smoking in the entire apartment building, including inside apartments. In this opinion, the HUD legal counsel makes it clear that it is not discriminatory to require no smoking in apartment units.

We have scanned the opinion onto the SFELP web site so that you can easily access it. To access this HUD opinion, as well as the SFELP FHA analysis, the Michigan AG Opinion, and related information, including other HUD decisions which are consistent with this July 18th opinion, go to the section of the SFELP site titled "Environmental Tobacco Smoke & Apartments and Condominiums" at http://www.tcsg.org/sfelp/apartment.htm. Or, to directly access page 1 of the HUD opinion, go to http://www.tcsg.org/images/HUD_01.jpg. To directly access page 2 of the HUD opinion, go to http://www.tcsg.org/images/HUD_02.jpg.

This material is provided by; Jim Bergman, J.D. – Smoke-Free environmental Law Project

CCAP- California’s Clean Air Project, a statewide project of ETR Associates 2210 21st Street, Sacramento CA 95818

Phone: (916) 452-8065 Fax: (916) 452-7374 E-Mail: [email protected] website: www.ccap.etr.orgThis material was made possible by funds received from the Tobacco Tax Health Protection Act of 1988--Proposition 99,

Under Grant Number 05-45720 with the California Department of Health Services, Tobacco Control Section. Dev. 03/06, CCAP

TAX CREDIT FOR SMOKE-FREE UNITS

LOW INCOME RENTAL HOUSING

WHAT IS A TAX CREDIT? The federal and state governments cooperate to offer incentives to developers to build or acquire and rehabilitate housing for low-income families and single residents. The incentive is a tax credit that enables developers of affordable rental housing to raise project equity through the “sale” of tax benefits to investors who take a dollar-for-dollar credit against their tax liability over a period of years. This is a very competitive process – traditionally, the demand has exceeded the supply by 3 to 1. Those proposals meeting the highest housing priorities (lowest income, for example) and public policy objectives have the best chance to be approved. PUBLIC POLICY OBJECTIVES The California Tax Credit Allocation Committee determines public policy objectives and assigns each positive points on the application. For example, energy and water conservation specifications, senior housing which is located near a senior center and after-school child care in housing for families are all allocated points. SMOKE-FREE – In January 2006, the Tax Credit Allocation Committee added the following: “Pursuant to extensive persuasive testimony regarding the health benefits associated with smoke-free living environments, we had added a one-point option to the menu for providing smoke-free sections, buildings or projects. The proposed project will contain non-smoking buildings or sections of buildings. Non-smoking sections must consist of at least half (50%) of the units within the building and those units must be contiguous. (one point). STATEWIDE IMPLICATIONS Regulations require a geographic distribution of funds and there is a rural set aside.

SPREADING THE WORD Most developers will communicate with the city or county planning and/or housing department. It is important that these key offices have hand outs ready, and know that the community is interested in smoke-free living. A secondary benefit is to inform developers of market-rate housing that setting aside smoke-free units is legal and good for business. A simple packet of three Fact Sheets for them to distribute could be: 1, “There is No Constitutional Right to Smoke” - this message cannot be repeated often enough. 2. “California Air Resources Board Declares Secondhand Smoke a Toxic Air Contaminant” - outlines basic information about this significant decision and health consequences. 3. Tax Credit for Smoke-free Rental Housing Fact Sheet.

The specific language establishing this incentive for low income housing developers can be found, as follows, at: CALIFORNIA CODE OF REGULATIONS TITLE 4, DIVISION 17, CHAPTER 1 January 18, 2006 The proposed project will contain nonsmoking buildings or sections of buildings. Nonsmoking sections must consist of at least half the units within the building, and those units must be contiguous. 1 point To receive these points, the applicant and the project architect or mechanical engineer must certify in the application, which of the items will be included in the project's design and specifications, and further must certify at the project's placed-in-service date that the items have been included and/or that the energy efficiency standard has been met or exceeded. Projects receiving points under this category that fail to meet the requirement will be subject to negative points under Section 10325(c)(3) above. For more information on smoke-free multi-unit housing contact:

CCAP- California’s Clean Air Project, a statewide project of ETR Associates 2210 21st Street, Sacramento CA 95818

Phone: (916) 452-8065 Fax: (916) 452-7374 E-Mail: [email protected] website: www.ccap.etr.orgThis material was made possible by funds received from the Tobacco Tax Health Protection Act of 1988--Proposition 99,

Under Grant Number 05-45720 with the California Department of Health Services, Tobacco Control Section. Dev. 12/06, CCAP

Restoring a Smoke-Damaged Apartment

Property owners/managers: Curious about what to clean, restore, and replace when converting to a non-smoking unit? According to Kennedy Restoration Co. (Portland, OR), the following items in a smoke-damaged apartment will need to be cleaned, restored, or replaced. Individual units may vary, but a thorough restoration of a 2-bedroom apartment could cost up to $15,000. “Once the home is cleaned and restored, keeping it smoke-free leads to many benefits for the property manager and the owner.” We have seen more time between lease-ups, which leads to increased rents and a very satisfied client. It is definitely worth the time, investment and commitment.” ~Barb Casey, Marketing Director, Kennedy Restoration

Restoration Checklist Clean (& replace if needed): Floors Baseboards & trim Walls Ceiling Doors & door openings Door chime Shelving Closet organizers & rods Cabinetry-inside & out Countertops Ceramic tile Outlets & switches Light fixtures Window units, frames, & sills Range & hood Refrigerator Dishwasher Sinks Toilets Bathtubs & showers Vanity Mirrors Blinds Exhaust Fans Ceiling Fans

Seal (1 coat) & Paint (2 coats) Baseboards & trim Doors & door openings Window frames & sills Shelving Vanity Cabinetry Floor underlayment (seal for odor control) Remove and Replace Carpet Carpet pad Curtains Vinyl Smoke or burn-damaged countertops, Linoleum, furnishings, etc. Other Prepping & masking for painting Ozone treatment Thermal fogging Floor protection (plastic film)

1

2

Restoration Process Step 1 It takes approximately four days and a team of three cleaning experts to clean a two bedroom apartment. These four days includes a complete cleaning from ceiling to floor and includes cabinets, bathrooms and other rooms. This can be referred to as basic overall cleaning. When dealing with tobacco smoke, there are several additional detailed cleaning steps and all require an additional charge. The detailed cleaning list includes appliances, bath and lighting fixtures, tub surrounds, bath vanities and door and window openings, which include woodwork, frame and window glass. Carpet has to be removed and replaced. If there is a sub-floor it has to be cleaned, sanitized/deodorized and sealed with “Kilz” or “Bulls-eye” primer. If floors are yellow/brown from tobacco, they have to be removed and replaced. If appliances are porcelain, they can be cleaned; if appliances are vinyl, they have to be removed and replaced. The contractor should communicate all these steps to the on-site manager, the property Management Company and/or the owner. Step 2 The next step is the ozone and thermal fogging process. For these purposes, a portable ozone machine would probably be used for 24 – 48 hours, depending on the complexity of the odor. A thermal fogger would also be used in conjunction with the ozone or separately, again depending on the situation. The ozone machine attacks the smoke molecules and the fogger is used to penetrate those surfaces that are not easily reached i.e. behind trims, etc. In some circumstances, if fixtures are too yellowed and odiferous, they may have to be removed and replaced. If the odor has permeated ceiling fans and cabinets, those items may also have to be removed and replaced. Step 3 The next step is the sealant process. Clear coat sealant is applied to cabinetry and doors if these items still retain the smoke odor. Smoke will penetrate porous materials like doors and cabinets, but laminate is non-porous so it can usually be cleaned. “Kilz” or “Bulls-eye” primers are then used to seal all the cleaned areas (as outlined in Step 1). If the smoke odor is not cleaned thoroughly, the sealant process is not helpful, as smoke will “bleed” through the sealant. Step 4 This step is to paint the entire apartment and the woodwork, replace carpet and pad, any appliances, any flooring and any doors that weren’t able to be clear coated.

Volatile Organic Compounds

Volatile Organic Compounds (VOCs) are a large group of carbon-based chemicals that easily evaporate at room temperature. While most people can smell high levels of VOCs, some VOCs have no odor. There are thousands of different VOCs produced and used in our daily lives. Some common examples include: • Acetone • Benzene • Ethylene glycol • Formaldehyde

• Methylene chloride • Perchloroethylene • Toluene • Xylene

Products that release VOCs: • Carpets • Paints • Sealing caulks • Solvents

• Varnishes • Vinyl Floors • Cleaning and disinfecting

chemicals

The level of VOC’s indoors is generally two to five times higher than the level of VOC’s outdoors. The level of VOC concentrations in indoor air will depend on many factors, including:

• Amount of VOCs in a product • Rate at which the VOCs are released • Volume of the air in the room/building • Ventilation rate or the area • Outdoor concentrations of VOCs

Consider purchasing solid wood items with low emitting finishes and products that contain low or no VOCs such as non-toxic sealants. Ventilation and climate control can be used to reduce exposure to VOCs. This can be done by opening doors and windows and using fans to increase the amount of air brought in from the outside. If possible, perform renovations when homes are unoccupied or during warmer seasons that will allow for proper ventilation.

Low-VOC Cleaning Products

Many cleaning products release volatile organic compounds (VOCs), a major component in the formation of ozone or smog. There are a couple of key characteristics and ingredients to look for in a low-VOC cleaning product. Nontoxic, biodegradable, sodium citrate, bicarbonate, carbonate or silicate, and vegetable-based surfactants and solvents (pine and citrus oils contain VOCs, but at lower amounts than many products) are all descriptions used in safer cleaning products. Try these products, which tend to be lower or free from, toxicity:

• Bon Ami • 20 Mule Team Borax • Ajax Lemon Fresh Liquid • Mr. Clean • Spic & Span • Spic & Span Spray Bath Cleaner

• Murphy’s Oil Soap • Bathroom Duck • Comet Liquid Bathroom Cleaner • Orange or lemon oil • Lemon Pledge Trigger Spray

The products containing the highest concentrations of VOCs include toilet bowl cleaners, oven cleaners, furniture polish, and automatic dishwasher and laundry detergents. While many of these products are required for home cleaning and maintenance, there are many components of high-VOC products that you can avoid when shopping for cleaners. Read the labels for these ingredients:

• Petroleum-based solvents • Chlorine bleach or sodium hypochlorite • Phosphates greater than 0.5 percent • EDTA and NTA

Products on the market that are toxic or contain ozone-causing chemicals include: Pinesol, Clorox, Lysol, ammonia and antibacterial soaps. Alternative, environmentally-friendly products, like baking soda, vinegar, borax and Comet cleaner are equally efficient in cleaning. Consider fragrance-free and dye-free cleaners, which are typically lower in harmful agents than scented products.

Greener Choice Products

Friedman’s SKU

MFG. Product Why is this product green

600603621 Advance Generation DFC

Rust and Lime Cleaner

Our unique patent-pending formulas use only natural renewable ingredients that are safe for use in your home and around children, pets and even chemically sensitive individuals. All our Advanced Generation® cleaning products are biodegradable and friendly to the environment.

600603632 Advance Generation DFC

Rust and Lime Cleaner

Same as above.

600603264 Begley's Best Glass Cleaner Begley's Best is 100% Plant-Based. Derived from pine, citrus fruits, palm, maize, fermented sugar cane, and olive seeds.

600603255 Begley's Best Spot Remover Same as above.

600603240 Begley's Best All Purpose Cleaner

Same as above.

601401122 Bio Bag Bio Bag for Dog Waste

Made from easily renewable and bio-based materials, biodegradable or compostable

Friedman’s SKU


601401151 BioBag Bio Bag for Tall Kitchen

All of our products contain GMO free starch, biodegradable polymer and other renewable resources. No polyethylene is used in the production process. BioBag products meet ASTM D6400 specifications and California SB 1749 requirements.

601401146 BioBag Bio Bag for Compost


601401133 BioBag Bio Bag for Lawn


600603319 Block Brothers Block Oil Wood

Protection

A completely safe, natural, and non-toxic finish with lemon oil for any wooden food preparation surface.

32200096 Church & Dwight Baking Soda A non-toxic cleaning agent used for a variety of cleaning and deodorizing purposes.

Friedman’s SKU


600603645 Concrobium Mold Control Concrobium contains no bleach, ammonia, alcohol or other harmful chemicals, making it family and environmentally friendly. Suitable for small household mold clean-ups or large-scale mold infestations, Concrobium Mold Control encapsulates and eliminates mold, prevents new mold growth and eliminates musty, moldy odors.

600603650 Concrobium Mold Control Concrobium contains no bleach, ammonia, alcohol or other harmful chemicals, making it family and environmentally friendly. Suitable for small household mold clean-ups or large scale mold infestations. Concrobium Mold Control encapsulates and eliminates mold, prevents new mold growth and eliminates musty, moldy odors.

600603293 Drainbo Drainbo Cleaner

Drainbo® Natural Drain Cleaner is a blend of safe chemicals and naturally occurring microorganisms

600603272 Drainbo Drainbo Cleaner

Drainbo® Natural Drain Cleaner is a blend of safe chemicals and naturally occurring microorganisms

32200153 Faultless Starch Co.

Bon Ami Cleaner

Bon Ami is made from calcite & feldspar mineral abrasives, and biodegradable detergent, and most importantly, it does not contain chlorine, perfume, or dye

600603414 Green Forest Toilet Paper Made from 100% recycled paper and processes without chlorine.

Friedman’s SKU


600603422 Green Forest Paper Towel 1 pack

Made from 100% recycled paper and processes without chlorine.

600603433 Green Forest Paper Towel 3 pack

Made from 100% recycled paper and processes without chlorine.

600603326 Homewood Natural Countertop Cleaner

The Natural Countertop Cleaner is the latest safe, effective, non-toxic, biodegradable cleaning product from Homewood. Use it effectively without harsh chemicals to clean all hard surface countertops without streaking or wax build-up.

600603374 Homewood Wood Care Polish

WOOD CARE POLISH Safe-Non-Toxic-Biodegradable Fresh Lemon Scents Wood Care is a safe, non-toxic and natural treatment for all finished wood. Use on kitchen cabinets, wood paneling, furniture, and other finished surfaces. Contains no wax or silicone. Acts as a cleaner and an easy-to apply polish.

600603361 Homewood Stubborn Stain Remover

STUBBORN STAIN REMOVER Coffee - Mildew - Red Wine -Blood - Pet Stains - Food & Beverage - Kitchen Greases and Oils. Effectively removes most stubborn stains and odors from fabrics and hard surfaces that are safe for water. Safe, nontoxic, biodegradable natural ingredients derived from renewable resource

Friedman’s SKU


600603357 Homewood Metal Polish A safe and highly effective polish and cleaner that restores shine, color, and beauty with harsh chemicals or solvents. All natural ingredients.

6.54197E+11 Orange Guard Insecticide Orange Guard is a water-based insecticide. All ingredients in Orange Guard meet the G.R.A.S. (generally recognized as safe) standard set by FDA. d-Limonene is approved by the FDA as a food additive, and is found in products such as fruitcakes, cleaners, degreasers, air fresheners and pet shampoos. Orange Guard is 100% biodegradable and water-soluble.

600603388 Planet Dishwashing Liquid

Our best yet! A highly effective grease-cutting detergent with lasting suds that leaves your dishes squeaky clean, but is gentle on your hands. Contains no ammonia or other harsh ingredients, and has only the scent of our formula's coconut oil based cleaner.

600603498 Planet All Purpose Clothing Detergent

An unscented, mild detergent for cool/cold water washes. Safe to use on many kinds of delicate fabrics including silk, wool and cashmere. Also ideal for outdoors and active wear, such as down jackets, cycling clothing, sleeping bags and tents.

Friedman’s SKU


600603451 Planet All Purpose Spray

Cleaner

An all purpose cleaner that is non-fuming and unscented, so no more worries about headaches, sore throats or other allergenic reactions. Safe to use on most household surfaces and it penetrates tough grime that many other cleaners can't touch. Contains no abrasive ingredients, so it will not scratch polished surfaces.

600603446 Planet Laundry Liquid Soap

A powerful detergent that is tough on stains, but gentle on skin. Contains no perfumes, dyes, enzymes or optical brighteners -- additives that typically remain on your clothes even after rinsing and can cause skin irritation. Perfectly suited for people with sensitive skin and for washing your baby's clothes.

600603390 Planet Laundry Powder

A highly concentrated detergent that really goes to work on tough stains. Like our liquid laundry detergent, our powdered laundry detergent contains no perfumes, dyes, enzymes or optical brighteners. This low-sudsing formula is ideal for use in front loading washers.

403101060 Bio-Preserve Soy Guard Ultraviolet radiation and causes water to bead and roll off the surface.

Friedman’s SKU


403001309 Bio-Preserve Soy Guard NATURAL DECK OIL protects wood from the sun's harmful rays.

403001299 Bio-Preserve Soy Guard Like the true oils found in wood, it rejuvenates and safeguards wood color.

403001281 Bio-Preserve Soy Guard Blend of protective natural oils designed to penetrate deep into the wood.

403001275 Bio-Preserve Soy Guard Coating of damp or fresh cut wood. NATURAL DECK OIL is a waterborne

402601095 Biowash/Napier TSP Substitute The safe, effective, and quick way to prepare a surface for coating. It contains none of the harmful chemicals found in regular T.S.P. and requires no rinsing; just wipe it off and repaint your surface!

3642241 Kimberly Clark Drop Cloth Reusable products are greener than one time only use products.

401601202 Mold Avenger Mold Avenger - 1 lb. Refill

Mold Avenger is 100% biodegradable and 100% bleach, ammonia, and phosphate free. Mold Avenger is safe for kids, plants, pets, the surfaces you are cleaning, and you. There are no special disposal requirements or equipment needed for application.

401601195 Mold Avenger Mold Avenger

- Hose Attachment

Same as above.

Friedman’s SKU


401601225 Mold Avenger Mold Avenger –32oz. Spray

Same as above.

401601218 Mold Avenger Mold Avenger 5 lbs. Refill

Non-Toxic alternative for Mold removal

3621192 Mötsenböcker's Lift Off

Ink Remover Consumers say Mötsenböcker's Lift Off® #3 Pen, Ink & Marker Graffiti Remover is for ink stains and contractors claim it's for permanent markers and graffiti; both are satisfied with the results. It was designed to work effectively on difficult and hard surfaces such as buses and phone booths, while not damaging to delicate surfaces such as clothing and upholstery

3621215 Mötsenböcker's Lift Off

Liftoff Graffiti Remover

The only water-based, biodegradable and Green Cross Certified graffiti remover in the world! It effectively removes all types of graffiti stains from all types of surfaces in the same time or less and costs less per ounce than most other solvents

3.27E+06 Mötsenböcker's Lift Off

Stain Remover Mötsenböcker's Lift Off® #1 Food, Beverage & Pet Stain Remover was designed to be used on those everyday stains that we all encounter. This Green Cross Certified, by Scientific Certification Systems, and low-VOC formula removes tough stains such as coffee, pet stains, Kool-Aid®, blood, grass, wine and more from virtually any surface

Friedman’s SKU


402601053 Napier Environmental

Simple Wash for Deck

Quickly restore outdoor weathered and heavily grayed wood surfaces. WOOD- WASHT will remove gray wood fiber, failed wood stains, tannin bleeding, water stains, mildew, mold and discolored surface fiber from decks, fences, wood siding and log homes. Use WOODWASHT to restore wood to its natural color and prepare its surface for recoating.


Waste Paint Harder

Using up all your paint is always the best option, but if this option is not available to you, Waste Paint Hardener offers the safe alternative. Most landfills do not accept latex paint in a liquid form so save yourself time and money by simply adding our product to your paint.


Natural Deck Oil

The advanced technology of NATURAL DECK OILT allows for immediate coating of damp or fresh cut wood. NATURALDECK OILT is a waterborne blend of protective natural oils designed to penetrate deep into the wood. Like the true oils found in wood, it rejuvenates and safeguards wood color and integrity. NATURAL DECK OILT protects wood from the sun's harmful ultraviolet radiation and causes water to bead and roll off the surface. NATURAL DECK OILT is safe to use, has a low odor and is easy to clean up with cold water.

Friedman’s SKU



Wood Wash Quickly restore outdoor weathered and heavily grayed wood surfaces. WOODWASHT will remove gray wood fiber, failed wood stains, tannin bleeding, water stains, mildew, mold and discolored surface fiber from decks, fences, wood siding and log homes. Use WOODWASHT to restore wood to its natural color and prepare its surface for recoating.


Stripex-L Bio-Wash Stripex®-L has been proven to effectively remove oil-based wood stain sealers, semi-transparent pigmented stains, as well as gray weathered wood, mold, mildew, tannin bleeding and water stains. The water-based formula will not harm surrounding vegetation (if pre-wetted) and is quick and easy to clean up.

404101107 Osi Acrylic Urethane

It is a water based, low VOC formula (VOC level < 5g/L [.1%]) which makes it ideal for use indoors, with the durability, flexibility, and adhesive strength needed for outdoor use.

404101124 Osi Sub floor and Deck Adhesive

(VOC level < 2 g/L [1%]) is a co-polymer latex formula that provides a nonflammable, environmentally friendly construction adhesive.

Friedman’s SKU


404101130 Osi Drywall & Panel Construction Adhesive

(VOC level < 3 g/L [1%]) Offering fast strength development with high shear strength values, this adhesive is nonflammable, environmentally friendly and VOC compliant for all interior and in-plant construction use.

400101265 Rodda Paint Company

Horizon Paint - Interior

Flat White 1 Gallon

Horizon is made from a completely different formulation than conventional paint. The biggest difference is that Horizon interior paints are 99.6% free of solvents, and essentially free of volatile organic compounds. These are the ingredients in paint that produce the odor and fumes. Horizon therefore has minimal odor during application, and virtually none following application. Even though Horizon is made with different ingredients, it is equally durable and easy to apply as our conventional line of latex paints. Horizon paint also reduces the amount of toxic material entering the waste stream.



Flat White 5 Gallon

Same as above.



Flat Neutral 1 Gallon

Same as above

Friedman’s SKU



Horizon Paint – Interior Flat Midtone 1 Gallon

Same as above.



Semi-Gloss White 1Gallon

Horizon is made from a completely different formulation than conventional paint. The biggest difference is that Horizon interior paints are 99.6% free of solvents, and essentially free of volatile organic compounds. These are the ingredients in paint that produce the odor and fumes. Horizon therefore has minimal odor during application, and virtually none quickly following application. Even though Horizon is made with different ingredients, it is equally durable and easy to apply as our conventional line of latex paints. Horizon paint also reduces the amount of toxic material entering the waste stream.


Horizon Paint – Interior Flat Midtone, 5 Gallon

Same as above.


Horizon Paint – Interior Flat Neutral DeepTone

Same as above.

Friedman’s SKU



Horizon Paint – Interior Semi-Gloss Midtone, 5 Gallon

Same as above.


Horizon Paint – Interior Semi-Glass Neutral, 1 Gallon

Same as above.


Horizon Paint – Interior Satin Deeptone, 1 Gallon

Same as above.


Horizon Paint – Interior Semi-Gloss Deeptone, 1 Gallon

Same as above.


Horizon Paint – Interior Satin

1 Gallon

Same as above.


Horizon Paint – Interior Semi-Gloss Midtone, 1 Gallon

Same as above.


Horizon Paint – Interior Semi-Gloss White, 5 Gallon

Same as above.

Friedman’s SKU



Horizon Paint – Interior Satin Neutral, 1 Gallon

Same as above.


Horizon Paint – Interior Satin Midtone, 5 Gallon

Same as above.


Horizon Paint – Interior Satin Deeptone, 1 Gallon

Same as above.


Horizon Paint – Interior Satin White, 5 Gallon

Same as above.

404701003 Sunnyside Green Envy Paint Thinner

Reduced VOCs (19g/l vs. 700 g/l for conventional), *still contains many hazardous chemicals*

3642128 Trimaco Drop Cloth Purchasing reusable products instead of one-time use products are always a "greener" choice

3642106 Trimaco Canvas Drip Cloth

Greener alternative to plastic drop clothes that aren't recyclable once they have paint chips all over them!

3642117 Trimaco Drop Cloth Purchasing reusable products instead of one-time use products are always a "greener" choice

47719024668 Zinsser Wallpaper Stripper

Spray

Safe, non-toxic, odorless

Friedman’s SKU


406301002 Zinsser Ready-to-Use Wallpaper Stripper

Safe, non-toxic, odorless

3675078 Zinsser Same as above Same as above

3560701 Zinsser Ready-to-Use Wallpaper Stripper

Non-toxic wall paper remover

Choosing Flooring for Affordable Housing: Healthier and Cost Effective Options

The flooring options table and flooring matrix were developed for the Asthma Regional Council

with support from ERT Associates, ICF Consulting, and Harvard/MIT graduate students.

Flooring materials today are more varied than ever before, offering a large range of practical, aesthetic, and ecological options. All choices have advantages and considerations, and especially in affordable housing, have pricing implications. With this multitude of flooring options, affordable housing developers can choose flooring that positively affects health, cost, energy and the environment. Although a range of health concerns are considered this document focuses on reducing conditions that can trigger asthma and respiratory problems. It does not explicitly address worker exposures. To assist in making decisions about residential flooring, two tools have been developed. The first tool is a table of traditional flooring choices used in most affordable housing as well as better/best suggestions for housing developers. It provides a sample approach to reducing asthma triggers in housing. The second tool is the Healthier and Cost Effective Residential Flooring Matrix, a detailed index of flooring options outlining health implications particularly for asthma, costs, maintenance considerations, and pollution created during flooring production. Used together, both tools can assist in making residential flooring choices that minimize asthma triggers and other health hazards while remaining affordable. Flooring Options Table Below is a summary table of traditional, better and best flooring options. The options presented are based on interviews with affordable housing developers and building science experts. The “Better” option seeks to reduce asthma triggers by increasing the use of smooth and cleanable surfaces that are less likely to retain allergens that trigger asthma (moisture and dust), and are easier to maintain while still maintaining first cost affordability. Moving from “Better” to “Best,” a greater emphasis is placed on life cycle costs instead of first costs, and overall environmental impacts during occupancy and production of the flooring material. Area Traditional

Flooring Choices Better Best

Entry Nylon carpet Linoleum Ceramic Tile Entry (if below grade) Nylon carpet VCT or Linoleum Ceramic Tile or Stained

Concrete Kitchen Vinyl VCT or Linoleum Ceramic Tile Living Room Nylon Carpet Wood Laminate Wood Floor Dining Room (if part of kitchen space)

Vinyl VCT or Linoleum Ceramic Tile

Dining Room (if part of Living Room space)

Nylon Carpet Wood laminate or Linoleum Wood Floor

Bathroom Vinyl VCT or Linoleum Linoleum or ceramic tile Bedroom #1 Nylon Carpet Linoleum with area rug or

wood laminate Wood Floor

Additional Bedrooms Nylon carpet Nylon Carpet or VCT with area rug (use green carpets see www.carpet-rug.com)

Linoleum with area rug or wood laminate

Note: VCT refers to Vinyl Composition Tile

Additional resources: Healthy Building Network www.healthybuilding.net and Carpet and Rug Institute Green Testing Program http://www.carpet-rug.com/

Choosing Flooring for Affordable Housing Page 1 October, 2003 Asthma Regional Council, The Medical Foundation, 622 Washington St, 2nd Floor Dorchester, MA 02124 617-451-0049 ext.504; www.asthmaregionalcouncil.org; [email protected]

http://www.healthybuilding.net/

http://www.carpet-rug.com/

Choosing Flooring for Affordable Housing Page 2 October, 2003 Asthma Regional Council, The Medical Foundation, 622 Washington St, 2nd Floor Dorchester, MA 02124 617-451-0049 ext.504; www.asthmaregionalcouncil.org; [email protected]

Flooring Considerations by Area When deciding which of the above options to use in an area, consider the following:

Asthma Triggers. Moisture/mold and dust can trigger asthma attacks. Flooring that is less likely to retain moisture and dust will likely help reduce conditions that can trigger asthma attacks. Carpet, particularly with a sponge like pad below it, can retain moisture if it gets wet and is often difficult to clean in a manner that adequately removes asthma triggers such as dust. Smooth hard surfaces are unlikely to retain moisture and are relatively easy to clean to remove dust.

Entryways. Entry halls are often the most used areas in a home. Steady traffic brings in dirt/dust and moisture that can get trapped in carpets and pads. A smooth surface is easy to clean and can be durable making it a good choice. It is important to use a flooring material suited to the grade level where it is installed.

Kitchens are usually high traffic areas and are prone to dirt and spills. Select flooring that is easy to clean and durable. A common choice for kitchen floors is vinyl. VCT is generally more durable as tiles can be replaced. Sheet linoleum is also durable smooth flooring that has fewer environmental impacts during production than vinyl. Ceramic tile is one of the best choices when budgets allow, as it provides an extremely durable, easy to maintain surface that minimizes asthma triggers and has minimal environmental impacts during production.

Living rooms are focal points in most homes and their function varies from family room to formal receiving room. In most living rooms, carpet is a popular choice. Wood laminate or hardwood can provide an attractive, durable, as asthma friendly surface.

Dining room floors need to be wear- and stain-resistant, especially if the room is used regularly at mealtime. Carpets can easily trap the dust mites, moisture and other allergens (pet allergens). Wood, laminate, or tile are easy to maintain, minimize asthma triggering allergens and offer environmentally friendly options with low life-cycle costs.

Bathroom floors need to be waterproof, washable and non-slip. Vinyl is a traditional floor choice for baths. VCT offers improved durability and maintenance and linoleum offers solid durability. When budgets permit, ceramic tile is one of the best choices for mold and allergy avoidance, maintenance, and durability.

Bedroom floors often have less of a traffic problem than in other rooms, so stains and wear are often minimal. Carpet is traditionally used in bedrooms. VCT, linoleum, wood or laminate floors are durable alternatives that help minimize allergens triggering asthma and are easy to clean. For individuals with dust allergies that exacerbate their asthma, one bedroom with smooth hard flooring can help maintain a less dusty environment.

Healthy and Cost Effective Residential Flooring Matrix The Healthy and Cost Effective Residential Flooring Matrix is designed to assist developers and managers of affordable housing make flooring decisions that will meet their performance needs (e.g., durability, maintenance, cost), reduce asthma triggers and minimize other health and environmental risks. The types of products are listed in the left column (e.g., vinyl composition tile or VCT). The remaining columns present information about specific characteristics of each product type and product. Additional information on the various data sources and environmental information are also available upon request. Comments and Suggestions We welcome your comments as we continue to update and revise these tools. Please direct all comments and requests for supporting data via email to Ellen Tohn at [email protected].

mailto:[email protected]

Key:

Good:

Fair:

Poor:

10.00 7 50 VOC/Offgassing (g VOC): No data No data Adv: Bamboo is treated to prevent insect and mildew damage

Mold/Allergens: Con: Materials may include formaldehyde adhesives, depending on manufacturer

$1.89 11 $2.91 VOC/Offgassing (g VOC): Con: Emits VOCs during and after installation. 24 oz carpet, installed using traditional glue.

Mold/Allergens: Con: Can harbor dust and other allergy causing particles.

Installation using a low-VOC glue can reduce VOC/offgassing.

Con: Stains easier than other options.Con: Can be a source of mold/mildew in contact with moisture.Con: May need to allow time to air out before occupancy.

$3.18 15 $3.78 VOC/Offgassing (g VOC): Adv: Strongest fiber makes good choice for high traffic areas. Most durable of synthetics.

24 oz carpet, installed using traditional glue.

Mold/Allergens: Adv: Nylon is soil and mildew resistant, resilient and non-allergenic.


Con: Emits VOCs during and after installation.Con: Can harbor dust and other allergy causing particles.Con: Stains easier than other options.Con: Can be a source of mold/mildew in contact with moisture.Con: Potentially need to allow time to air out before occupancy.

$2.10 8 $4.22 VOC/Offgassing (g VOC): Adv. Polyester fiber from recycled soft drink bottles (PET).


Mold/Allergens: Con: Emits VOCs during and after installation. Installation using a low-VOC glue can reduce VOC/offgassing .

Con: Can harbor dust and other allergy causing particles.Con: Stains easier than other options. Additional Sources:

http://www.flooringfashions.com/flooringguide/default.asp?topic=5&p=3

Con: Can be a source of mold/mildew in contact with moisture.Con: Potentially need to allow time to air out before occupancy.

Healthier and Cost-Effective Residential Flooring

Floor Covering Alternatives

Materials and Installation (per square

foot)2

Bamboo

Carpet, Recycled Polyester

Broadloom8

Expected Life (years)3

Health, Cost, Energy and Ecological Considerations and Information

Cost Information1

Life Cycle (cost per

square foot over 20 years)

Additional InformationAdvantages and Considerations

Ecological and Energy Impacts During Manufacturing -

Relative Ranking6

Health Considerations - Relative Ranking5

Note for users: This menu of residential flooring options is intended to be used as a guide to assist in the decision-making process when selecting residential flooring during new construction or rehabilitation. It is not intended to be comprehensive and in a rapidly changing market, the completeness

and accuracy of this information cannot be guaranteed. No endorsement or recommendations on flooring options are implied or intended.

Carpet, Nylon Tile8

Maintenance Considerations4

Carpet, Nylon Broadloom8

Healthier and Cost-Effective Residential FlooringOctober 2003 Asthma Regional Council, The Medical Foundation, 622 Washington St., 2nd Floor, Dorchester, MA 02124

www.asthmaregionalcouncil.rog Page 1



foot)2


Cost Information1





Relative Ranking6



$3.53 8 $7.09 VOC/Offgassing (g VOC): Adv. Polyester fiber from recycled soft drink bottles (PET).


Mold/Allergens: Con: Emits VOCs during and after installation. Installation using a low-VOC glue can reduce VOC/offgassing .

Con: Can harbor dust and other allergy causing particles.Con: Stains easier than other options.Con: Can be a source of mold/mildew in contact with moisture.Con: Potentially need to allow time to air out before occupancy.

$7.62 25 $6.10 VOC/Offgassing (g VOC): Adv: Natural wool fibers are biodegradable and recyclable.

40 oz carpet, installed using a traditional glue.

Mold/Allergens: Adv: Wool fiber is naturally elastic, stain resistant, flame retardant, and may help purify air by absorbing harmful indoor contaminants.


Con: May need mothproofing.Con: Emits VOCs during and after installation.Con: Can harbor dust and other allergy causing particles.Con: Stains easier than other options. Easily damaged by bleaches and alkalis. Con: Can be a source of mold/mildew in contact with moisture.Con: Potentially need to allow time to air out before occupancy.

$8.48 50 $3.39 VOC/Offgassing (g VOC): Adv: Highly durable- Can sustain high traffic. Estimates based on using 0.5 inch thick ceramic tile and 0.5 inch layer of latex-

Mold/Allergens: Adv: Fire resistant - Ceramic tile doesn't burn or emit toxic fumes.

Avoid grout with latex.

Con: Can be difficult to remove if necessary for rehabilitation.Con: Hard surface, usually retains a cold temperature.

.25-5.00 50 VOC/Offgassing (g VOC): No data

No data Adv: Concrete can be treated to create a rich variety of hues and textures, or stamped with patterns to mimic natural surfaces from marble to wood planks.

Mold/Allergens: Adv: Finish can last the lifetime of the concrete, and are durable, sanitary, and easy to maintain. Con: Hard floor surface. Objections may involve warmth underfoot, sound deflection, the likelihood of dropped objects shattering, or the safety of very young children who may crawl or fall on the floor surface.

Carpet, Recycled Polyester Tile8

Ceramic Tile

Carpet, Wool Broadloom8

Concrete Finishes





foot)2


Cost Information1





Relative Ranking6



$8.31 50 $3.32 VOC/Offgassing (g VOC): Adv: Renewable content, sound absorbent, slip and scuff resistant.

Comes in parquet floor tiles. Usually installed using a water-based adhesive.

Mold/Allergens: Adv: Cork has excellent shock absorption. Additional Sources:

Adv: Does not emit harsh gases or shred micro-fibers; low impact on air quality.

http://www.gerbertltd.com/docs/cork/medi_specs.htm, and http://homedoctor.net/tipsfaq/13.2.html

Adv: Naturally mold, moisture and rot resistant.Adv: Dent-proof, termite-proof.Con: Using cork is a relatively new practice. Many contractors may not carry cork products and it's rarity may increase the price.Con: Long term durability has not been tested.

VOC/Offgassing (g VOC):

Mold/Allergens:

$3.16 18 $3.34 VOC/Offgassing (g VOC): Adv: Renewable content. Information assumes using 0.1 inch thick sheet linoleum with jute backing and acrylic

Mold/Allergens: Con: May discolor or deform when in direct contact with extreme heat.

Installation using a styrene-butadiene adhesive.

Con: Susceptible to dirt and debris attaching to adhesive residue between tile or sheet seams, making areas potentially hazardous breeding areas for germs and bacteria.

$2.98 18 $3.15 VOC/Offgassing (g VOC): Adv: Renewable content. Assumes using 0.1 inch thick sheet linoleum and installation using a styrene-butadiene

Mold/Allergens: Adv: Provides a self-sanitizing quality in the form of a bactericidal effect. Tests indicate that Marmoleum has a sterile zone around the material, inhibiting contaminants.

Installation using a low-VOC adhesive can reduce VOC/offgassing.

Con: May discolor or deform when in direct contact with extreme heat.

Con: Susceptible to dirt and debris attaching to adhesive residue between tile or sheet seams, making areas potentially hazardous breeding areas for germs

Additional Sources: Forbo Spec Sheet

$2.00-$5.00 30No data

VOC/Offgassing (g VOC): No data

No data Adv: Good wear resistance and extremely long life. Suitable for many common areas.

Mold/Allergens: Adv: High level of abrasion resistance enables the use in very heavy traffic areas for a long period of time.

$1.67 18 $1.76 VOC/Offgassing (g VOC): Con: PVC recycling nearly impossible. Assumes 1/8 inch thick vinyl composition tile with an acrylic latex finish coat.

Mold/Allergens: Con: Some VCT requires refinishing where chemicals with high VOCs are used.

Installation using a styrene-butadiene adhesive.Use water-based finishes when possible. Pre-finished vinly avoids potential emissions during refinishing.

Vinyl, Composition Tile

Linoleum Flooring

No data

Rubber

Cork, Natural

Laminate Wood Flooring

Linoleum-Marmoleum, Forbo

Industries

Adv: Ease of installation. Laminate floorings can be installed quickly with a minimum of tools.

$4.99-6.997 25





foot)2


Cost Information1





Relative Ranking6



$4.00-9.007 12-15 VOC/Offgassing (g VOC): No data

No data Con: PVC recycling nearly impossible.

Mold/Allergens:

$6.50-$127 30 VOC/Offgassing (g VOC): No data

No data Adv: Low impact on air quality. Solid wood flooring expands and contracts with changes in a home's relative humidity.

Mold/Allergens: Adv: Easier to repair than most materials.

Adv: Durable and can be refinished to prolong its life.Adv: Warm, comfortable surface.Con: High initial cost.

1: Cost and life expectancy data was extracted from BEES database unless otherwise indicated and are based on an industry average. Prices may vary by region, purchase quantity and other factors. See Note on BEES cost data for further information.2: BEES includes installation costs in its calculation, but installation costs will vary based on the condition of the existing flooring and the need to hire professional installers.3. Expected life will vary based on use, environmental conditions, and maintenance.4. Maintenance was based on considering the type of equipment needed, estimated labor time and skill level, and frequency of cleaning and maintenance practices.5. Offgassing from new flooring materials, not including glue and adhesives. See Explanation of Criteria, and health data page for further information.6. Environmental impacts from all stages of the product life-cycle, including raw materials extraction, manufacturing, use, and end-of-life. See Explanation of Criteria and environmental data page for further information.7. Cost information is an average figured based on product specs from manufacturers and estimates from Washington, DC home improvement stores in 2003. These costs are not based on BEES data and are average costs. 8. The Carpet and Rug Institute maintains a green labeling program that evaluates carpets, pads, adhesives for various environmental and health factors. See www.carpet-rug.comSources:

Healthy Building Network: PVC Free Resilient Flooring Alternative:http://www.healthybuilding.net/pvc/alternatives.html

Please provide comments to Ellen Tohn, Senior Advisor to ARC, at [email protected]

Wood

BEES - The Building for Environmental and Economic Sustainability database developed by the National Institute for Standards and Technology

Massachusetts Technology Collaborative. Collaborative for High Performing Schools; Best Practices Manual, Volume II- Design. March 15, 2002.

Vinyl Sheet



Getting Started

Smoke-Free and Pet-Free Housing There are two ways to approach the change:

1. Transition your building over time When a tenant moves out, advertise your vacant unit as “non smoking”, “no smoking building” or “smoke-free building”. The term ‘no smokers’ would not be a good choice since many people who smoke choose not to smoke in their own unit. Notify prospective tenants that you are transitioning your building to non-smoking; including the units, balconies and patios. We suggest that a portion of the outdoor common area be designated as the “smoking area,” but it needs to be located far enough away from the building so that your residents are not disturbed by drifting tobacco smoke. This area should not be located by the swimming pool, the children’s’ play area, or the barbeque area. Most important, tell your current residents that you are transitioning to a non-smoking policy. Make certain that all of your new tenants sign a no smoking lease addendum and that you have made “no smoking” part of the house rules. With this approach, you can allow tenants to continue to smoke in their units until they move out.

2. Give notice of smoke-free housing policy Another way to make the change to non-smoking is to give every tenant notice that in 30, 60, or 90 days, smoking will no longer be permitted in the units, on balconies and patios, and in the common areas except for the designated outdoor smoking area. Some of your residents who smoke may choose to move, while others may refuse to stop smoking in their unit. The smoke-free policy should be enforced as any other policy you have taken time and thought to adopt. This approach could work with a pet policy but it is suggested that the property owner/manager approach a pet policy by utilizing a transition method.

Policy Implementation Checklist

Decide what type of policy you want to have • Outdoor smoke-free common areas • Indoor smoke-free common areas • Smoke-free patios and balconies • Pet-free units • Pet-free common areas

Survey Tenants

• How many tenants smoke in their units and/or allow guests to smoke in their units? • Are there tenants that smoke, but only on their patio or balcony? • Are there tenants that have experienced secondhand smoke drifting into their apartments? • Where are the tenants who smoke located with respect to those that do not? For instance

are there already significant “non-smoking” sections on the property? • How many tenants have pets? • Where are the tenants who own pets located with respect to those that do not?

Communicate the new policy to the tenants

• Why you are putting in a new policy? • What will be the new rules regarding smoking and/or pets? • Date policy will be implemented. • Post proper signage as the policy is phased in.

Review and revise lease agreements appropriately

• Give tenants receive adequate notice as required by law • Make sure leases are signed and the policy is understood by the tenants

Educate employees and tenants

• Educate employees on the policy and how to field questions and complaints • Continue to educate tenants as appropriate • Offer smoking cessation classes or materials

(Educational materials are free from the Northern California Center for Well-Being)

Sample Smoke-Free Lease Addendum

Attorney Douglas J. Carney, Hanbery, Neumeyer & Carney, P.A., prepared this Model Lease Addendum. He received ongoing advice, consultation, and recommendations from a legal advisory committee that included

attorneys who regularly advise property owners and managers, who serve as tenant attorneys and advocates, or who advise public housing agencies. Representatives from Center for Energy and

environment and Association for Nonsmokers-Minnesota were also on the committee. The modification about where smoking is allowed (Section 3) was included by Initiative for Smoke-Free Apartments.

Tenant and all members of Tenant's family or household are parties to a written lease with Landlord (the Lease). This Addendum states the following additional terms, conditions and rules which are hereby incorporated into the Lease. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. 1. Purpose of No-Smoking Policy. The parties desire to mitigate (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning, and redecorating costs from smoking; (iii) the increased risk of fire from smoking; and (iv) the higher costs of fire insurance for a non-smoke-free building; 2. Definition of Smoking. The term “smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product or similar lighted product in any manner or in any form. 3. Smoke-Free Complex. Tenant agrees and acknowledges that the premises to be occupied by Tenant and members of Tenant's household have been designated as a smoke-free living environment. Tenant and members of Tenant's household shall not smoke anywhere in the unit rented by Tenant, or the building where the Tenant's dwelling is located or in any of the common areas or adjoining grounds of such building or other parts of the rental community, nor shall Tenant permit any guests or visitors under the control of Tenant to do so. [If you provide an outdoor smoking area, specify where it is here.] 4. Tenant to Promote No-Smoking Policy and to Alert Landlord of Violations. Tenant shall inform Tenant's guests of the no-smoking policy. Further, Tenant shall promptly give Landlord a written statement of any incident where tobacco smoke is migrating into the Tenant's unit from sources outside of the Tenant's apartment unit. 5. Landlord to Promote No-Smoking Policy. Landlord shall post no-smoking signs at entrances and exits, common areas, hallways, and in conspicuous places adjoining the grounds of the apartment complex. 6. Landlord Not a Guarantor of Smoke-Free Environment. Tenant acknowledges that Landlord's adoption of a smoke-free living environment, and the efforts to designate the rental complex as smoke-free, do not make the Landlord or any of its managing agents the guarantor of Tenant's health or of the smoke-free condition of the Tenant's unit and the common areas. However, Landlord shall take reasonable steps to enforce the smoke-free terms of its leases and to make the complex smoke-free. Landlord is not required to take steps in response to smoking unless Landlord knows of said smoking or has been given written notice of said smoking.

7. Other Tenants are Third-Party Beneficiaries of Tenant's Agreement. Tenant agrees that the other Tenants at the complex are the third-party beneficiaries of Tenant's smokefree addendum agreements with Landlord. (In layman's terms, this means that Tenant's commitments in this Addendum are made to the other Tenants as well as to Landlord.) A Tenant may sue another Tenant for an injunction to prohibit smoking or for damages, but does not have the right to evict another Tenant. Any suit between Tenants herein shall not create a presumption that the Landlord breached this Addendum. 8. Effect of Breach and Right to Terminate Lease. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. A material breach of this Addendum shall be a material breach of the lease and grounds for immediate termination of the Lease by the Landlord. 9. Disclaimer by Landlord. Tenant acknowledges that Landlord's adoption of a smokefree living environment and the efforts to designate the rental complex as smoke-free do not in any way change the standard of care that the Landlord or managing agent would have to a Tenant household to render buildings and premises designated as smokefree any safer, more habitable, or improved in terms of air quality standards than any other rental premises. Landlord specifically disclaims any implied or express warranties that the building, common areas, or Tenant's premises will have any higher or improved air quality standards than any other rental property. Landlord cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke. Tenant acknowledges that Landlord's ability to police, monitor, or enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by Tenant and Tenant’s guests. Tenants with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this Addendum than any other landlord obligation under the Lease. LANDLORD TENANT Optional Paragraph for Existing Rental Communities that Adopt “No-smoking Policies” 10. Effect on Current Tenants. Tenant acknowledges that current tenants residing in the complex under a prior lease will not be immediately subject to the No-smoking Policy. As current tenants move out, or enter into new leases, the smoke-free policy will become effective for their unit or new lease.

Sample California Ordinance Regulating Smoking in Multi-Unit Residences

(with Annotations)

April 2005; REVISED SEPTEMBER 2005

Technical Assistance Legal Center 180 Grand Ave., Suite 750

Oakland, CA 94612 Phone: (510) 444-8252 Fax: (510) 444-8253

http://talc.phi.org [email protected]

The Technical Assistance Legal Center is a project of the Public Health Institute.

This material was made possible by funds received from the California Department of Health Services, under contract # 04-35336.

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Introduction

The Technical Assistance Legal Center (TALC) developed this Sample Ordinance to help California cities and counties limit exposure to secondhand smoke in multi-unit residences, such as apartment buildings, senior housing, or single resident occupancy hotels. The Ordinance’s comprehensive design provides a variety of approaches for limiting exposure to secondhand smoke—from restricting smoking in common areas to prohibiting smoking in individual units. Communities may choose to include some or all of the options offered in the Sample Ordinance, depending on the jurisdiction’s policy objectives. TALC is able to help adapt this Sample Ordinance to meet the needs of individual communities. This Ordinance does not differentiate between housing that is categorized as market rate, affordable, public, or private. However, if your community has a local rent control law, your government attorney will need to determine how the provisions of this ordinance might affect existing rent control laws. The Sample Ordinance contains annotations (“comments”) to the legal provisions to explain the provision in more detail. In some instances alternate language is offered (e.g., [ black / white ] ) or blanks have been left (e.g., [ ____ ] ) for the language to be customized to fit the needs of a specific community. Some degree of customization will be necessary in order to correlate the provisions of the Sample Ordinance to the local municipal code. If you have questions about how to adapt this ordinance for your community, please contact TALC for assistance at (510) 444-8252 or via e-mail: [email protected].

Sample California Ordinance Regulating Smoking in Multi-Unit Residences Technical Assistance Legal Center –April 2005; REVISED September 2005

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AN ORDINANCE OF THE [ CITY / COUNTY OF ____ ] PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND AMENDING THE [ ____ ]

MUNICIPAL CODE The [ City Council / County Board of Supervisors ] of the [ City / County of ____ ] does

ordain as follows:

SECTION I. FINDINGS.

The [ City Council / County Board of Supervisors ] of [ ____ ] hereby finds and declares as follows:

WHEREAS, tobacco use and exposure to secondhand smoke cause death and disease and

impose great social and economic costs, as evidenced by the following:

• more than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation’s leading cause of preventable death;1 and

• the World Health Organization estimates that by 2030, tobacco will account for 10

million deaths per year, making it the greatest cause of death worldwide;2 and

• the United States Environmental Protection Agency has found secondhand smoke to be a risk to public health and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen;3 and

• secondhand smoke is responsible for an estimated 38,000 deaths among non-smokers

each year in the United States, which includes 3,000 lung cancer deaths and 35,000 deaths due to heart disease;4 and

• 87.9% of non-smokers showed detectable levels of cotinine (a metabolite of nicotine)

in their blood, the most likely source of which is secondhand smoke exposure;5 and

1 U.S. Dep’t of Health and Human Servs., Centers for Disease Control and Prevention, Annual Smoking – Attributable Mortality, Years of Potential Life Lost, and Economic Costs – United States 1995-1999 MORBIDITY AND MORTALITY WEEKLY REPORT at 51(14):300-303 (2002), available at http://www.cdc.gov/mmwr/PDF/wk/mm5114.pdf. (last accessed March 23, 2005).

2 U.S. Dep’t of Health and Human Servs., Centers for Disease Control and Prevention, Reducing Tobacco Use: A Report of the Surgeon General at 437 (2001), available at http://www.cdc.gov/tobacco/sgr/sgr_2000/chapter8.pdf (last accessed March 23, 2005).

3 U.S. Dep’t of Health and Human Servs., Centers for Disease Control and Prevention, Exposure to Environmental Tobacco Smoke and Cotinine Levels — Fact Sheet (2004), available at http://www.cdc.gov/tobacco/research_data/environmental/factsheet_ets.htm (last accessed March 23, 2005).

4 Nat’l Cancer Inst., NCI Health Information Tip Sheet for Writers: Secondhand smoke, available at http://www.cancer.gov/newscenter/tip-sheet-secondhand-smoke (last accessed February 28, 2005).

5 J. L. Pirkle et al., Exposure of the U.S. population to environmental tobacco smoke: The Third National Health and Nutrition Examination Survey, 1988 to 1991, JOURNAL OF AMERICAN MEDICINE, 275(16):1233-40 (1996), available at http://jama.ama-assn.org/cgi/content/abstract/275/16/1233 (abstract only) (last accessed March 23, 2005).


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• secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants of mothers who smoke;6 and

• secondhand smoke exposure causes as many as 300,000 children in the United States

under the age of 18 months to suffer lower respiratory tract infections, such as pneumonia and bronchitis;7 exacerbates childhood asthma; and increases the risk of acute, chronic, middle-ear infections in children;8 and

• the total cost of smoking in California was estimated as $475 per resident or $3,331

per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone;9 and

• cigarettes, cigars, pipes and other smoking materials are the leading cause of fire

deaths in the United States,10 causing an estimated 31,200 structure fires and 830 deaths in 2001;11 and

WHEREAS, most Californians do not smoke and a majority favor limitations on smoking in

multi-unit residences, as evidenced by the following:

• 84% of Californians are non-smokers;12 and • 70% of Californians surveyed approve of apartment complexes requiring at least half

of rental units be non-smoking;13 and

6 Office of Envtl. Health Hazard Assessment, Cal. Envtl. Prot. Agency, Health Effects of Exposure to

Environmental Tobacco Smoke, Final Report at 4-30 (1997), available at http://www.oehha.org/pdf/chapter4.pdf (last accessed February 28, 2005).

7 U.S. Dep’t of Health and Human Servs., Centers for Disease Control and Prevention, Targeting Tobacco Use: The Nation’s Leading Cause of Death 2002 at 2 (2004), available at http://www.cdc.gov/nccdphp/aag/aag_osh.htm (last accessed April 6, 2005).

8 U.S. Dep’t of Health and Human Servs., Centers for Disease Control and Prevention, Exposure to Environmental Tobacco Smoke and Cotinine Levels — Fact Sheet (2004), available at http://www.cdc.gov/tobacco/research_data/environmental/factsheet_ets.htm (last accessed April 6, 2005).

9 Wendy Max, Dorothy P. Rice, Xiulan Zhang, Hai-Yen Sung, Leonard Miller, Cal. Dept. of Health Servs., The Cost of Smoking in California, 1999 at 76 (2002), available at http://www.dhs.ca.gov/tobacco/documents/CostOfSmoking1999.pdf (last accessed March 4, 2005).

10 Bruce N. Leistikow, M.D., M.S., Daniel C. Martin, Christina E. Milano, Fire Injuries, Disasters, and Costs from Cigarettes and Cigarette Lights: A Global Overview 91 PREVENTIVE MEDICINE 31 at 91 (2000), available at http://leistikow.ucdavis.edu/SmokingFires.pdf (last accessed April 6, 2005).

11 Nat’l Fire Port. Ass’n, The Smoking-Material Fire Problem, available at http://www.nfpa.org/itemDetail.asp?categoryID=294&itemID=19303&URL=Research%20&%20Reports/Fact%20sheets/Home%20safety/Smoking%20material-related%20fires (last accessed March 4, 2005). See also John R. Hall, Jr., Nat’l Fire Prot. Ass’n, The Smoking-Material Fire Problem, (Nov. 2004), available at http://www.nfpa.org/assets/files/PDF/OS.smokesum2.PDF (executive summary only) (last accessed March 4, 2005).

12 Tobacco Control Section, Cal. Dep’t of Health Servs., California Tobacco Control Update 2004 at 10, available at http://www.dhs.ca.gov/tobacco/documents/2004TCSupdate.pdf (last accessed April 7, 2005).

13 Tobacco Control Section, Cal. Dep’t of Health Servs., 2004 Field Research Poll Results at 16 (2004),


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• 67% of Californians surveyed favor limiting smoking in outdoor common areas of

apartment buildings;14 and WHEREAS, secondhand smoke can seep under doorways and through wall cracks;15 and WHEREAS, there is no Constitutional right to smoke;16 and WHEREAS, state law prohibits smoking in virtually all indoor places of employment

reflecting the state policy to protect against the dangers of exposure to secondhand smoke;17 and WHEREAS, a local ordinance that authorizes residential rental agreements to include a

prohibition on smoking of tobacco products within rental units is not prohibited by state law;18 and

WHEREAS, California law declares that anything which is injurious to health or obstructs

the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance;19 and

WHEREAS, local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance;20 and

NOW THEREFORE, it is the intent of the [ City Council / County Board of Supervisors ] in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes.

SECTION II. [ Article / Section ] of the [ City / County of ____ ] Municipal Code is hereby amended to read as follows:

Sec. [ ____ (*1) ]. DEFINITIONS. For the purposes of this [ article / chapter ] the following

available at http://www.dhs.ca.gov/tobacco/documents/2004TCSupdate.pdf (last accessed March 4, 2005).

14 Ctr. For Tobacco Policy and Org., Am. Lung Ass’n of Cal., Statewide Tobacco Renter Study (2004), available at http://www.californialung.org/thecenter/community/documents/SFH-Survey-Data_001.doc (last accessed March 4, 2005).

15 J. Wagner et al., Environmental Tobacco Smoke Leakage from Smoking Rooms, JOURNAL OF OCCUPATIONAL AND ENVIRONMENTAL HYGIENE, 1:110–118 (2004), available at http://eetd.lbl.gov/IEP/pdf/LBNL-51010.pdf (last accessed April 7, 2005).

16 Technical Assistance Legal Ctr., Pub. Health Inst., There Is No Constitutional Right to Smoke (2004), available at http://talc.phlaw.org/pdf_files/0051.pdf (last accessed April 8, 2005).

17 Cal. Lab. Code § 6404.5 (Deerings 2005). 18 Cal. Legislative Counsel Op., 21547, Secondhand Smoke in Multi-Unit Housing (Apartments & Condos)

Smoking Bans: Residential Rental Property, (September 23, 1999). 19 Cal. Civil Code § 3479 (Deerings 2005). 20 In Re Jones, 56 Cal.App.2d 658, 663 (1943). See also, Cal. Const., art. XI, § 7 and Cal. Gov. Code § 38771

(Deerings 2005).


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definitions shall govern unless the context clearly requires otherwise: (a) “Landlord” means any Person who owns real property leased as residential property,

any Person who lets residential property, or any Person who manages such property, except that “Landlord” does not include sublessors.

COMMENT: The Municipal Code may already contain a definition of “Landlord.” If so, the definition provided here can be omitted, although sublessors should specifically be excluded.

(b) “Multi-Unit Residence” means a Premises that contains [ two (2) ] or more Units

which are unoccupied by a Landlord of the Premises.

COMMENT: The number of units in this definition can be changed to meet community needs.

(c) “Multi-Unit Residence Common Area” means any indoor or outdoor area of a Multi-

Unit Residence accessible to and usable by residents of different Units, including but not limited to halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, swimming pools, and parking areas.

COMMENT: This definition includes both indoor and outdoor areas. If desired, it could be narrowed to include only indoor common areas by deleting references to outdoor areas. Note that California Labor Code section 6404.5 (the state smokefree workplace law) may already prohibit smoking in indoor common areas if the Multi-Unit Residence has employees, such as maintenance workers, property managers, or others who work on site. This definition does not include balconies of individual Units because they are not shared areas. Balconies are addressed in Section *4 “Smoke-Free Buffer Zones.”

(d) “Person” means any natural person, partnership, cooperative association, corporation,

personal representative, receiver, trustee, assignee, or any other legal entity.

COMMENT: The Municipal Code likely contains a definition of “Person.” If so, the definition provided here can be omitted.

(e) “Premises” means a piece of land and any improvements upon it such as is usually

described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural Person or by legal Persons under common control.

COMMENT: The definition of “Premises” in this ordinance is broader than just an individual Unit; it includes the entire property. The term “Premises” is used in Sections


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*3 “No Smoking Common Areas,” *4 “Smoke-free Buffer Zones,” and *8 “Prohibitions and Duties” of the ordinance.

(f) “Private Enforcer” means any Person, including a legal entity or organization, acting

on behalf of its own interests, its members, or the general public, who may bring a civil action to enforce this [ article / chapter ].

COMMENT: If Section *11 “Private Enforcement” is not used, then this definition may be omitted.

(g) “Public Place” means any place, public or private, open to members of the general

public regardless of any fee or age requirement, including, for example, bars, restaurants, clubs, concert venues, stores, malls, stadiums, parks, sidewalks, streets, playgrounds, taxis, and buses.

COMMENT: This is a very broad definition of “Public Place,” and it is only used in Section *4 “Smoke-Free Buffer Zones.” As currently written, the term covers almost everything (including sidewalks and streets) except some private property. If the phrase “Public Place” is not used in Section *4, this definition may be omitted.

(h) “Reasonable Distance” means a distance of at least [ twenty-five (25) ] feet in any

direction from an area in which smoking is prohibited. This distance should be reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas.

COMMENT: The number of feet constituting “Reasonable Distance” can be changed to ensure a sufficient buffer zone from drifting smoke.

(i) “Smoking” or to “Smoke” means possessing a lighted tobacco product, lighted

tobacco paraphernalia, or any other lighted weed or plant (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including but not limited to, a pipe, a hookah pipe, cigar, or cigarette of any kind).

COMMENT: This definition includes marijuana, but smoking marijuana for medical purposes is excluded from the prohibitions of this ordinance in some circumstances under Section *9 “Medical Marijuana.”

(j) “Unit” means: (1) a dwelling space consisting of essentially complete independent

living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios; and (2) senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing


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facilities. “Unit” does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2).

COMMENT: The Municipal Code may already contain a definition of “unit,” “dwelling unit,” “residential unit,” or some similar term. If so, the definition provided here may be omitted and replaced by the following: “Unit” means a [ unit, dwelling unit, residential unit, etc. ] as defined in Section ___ of this Code as well as private rooms in senior citizen housing and single-room-occupancy hotels. “Unit” does not include a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2).

Sec. [ ____ (*2) ]. SECONDHAND SMOKE GENERALLY

For all purposes within the jurisdiction of the [ City / County of ____ ], nonconsensual exposure to secondhand smoke is a nuisance, and the uninvited presence of secondhand smoke on property is a nuisance and a trespass.

COMMENT: A declaration that secondhand smoke is a nuisance extends far beyond the residential context. Once secondhand smoke is declared a nuisance, nuisance abatement laws can be used to address secondhand smoke around doorways, at businesses, in public venues, and anywhere else it may occur. However, declaring secondhand smoke a nuisance is particularly helpful in the housing context because it eliminates the need to prove that some particular level of exposure has occurred and then to prove that such exposure is an unjustified intrusion or hazard. California Government Code section 38771 explicitly states that cities may declare nuisances by ordinance. Counties may declare a nuisance pursuant to the broad police power set forth in the California Constitution, article XI, section 7.

Sec. [ ____ (*3) ]. NO SMOKING COMMON AREAS, DESIGNATED SMOKING

AREA

(a) Smoking is prohibited in all Multi-Unit Residence Common Areas except that a Landlord may designate a portion of the outdoor area of Premises as a Smoking area as provided in paragraph (b) below.

(b) A designated Smoking area:

(1) must be located a Reasonable Distance from any indoor area where Smoking is prohibited;


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(2) must not include, and must be a Reasonable Distance from, outdoor areas primarily used by children including, but not limited to, areas improved or designated for play or swimming;

(3) must be no more than [ 25% ] of the total outdoor area of the Premises for which

it is designated; (4) must have a clearly marked perimeter; (5) must be identified by conspicuous signs; and (6) must not overlap with any area in which Smoking is otherwise prohibited by this

[ article / chapter ] or other provisions of this Code, state law, or federal law.

COMMENT: The definition of “Multi-Unit Residence Common Areas” includes both indoor and outdoor areas for properties with two or more units. Therefore, this provision bans smoking in all shared spaces on the premises except designated outdoor smoking areas. This section and the definition of “Multi-Unit Residence Common Areas” can be narrowed to include only indoor areas if desired. If so, you may wish to designate certain outdoor places as no smoking areas, such as playgrounds and recreation areas. Note that California Labor Code section 6404.5 (the state smokefree workplace law) may already prohibit smoking in indoor common areas if employees, such as maintenance workers or property managers work on site at any time.

Sec. [ ____ (*4) ]. SMOKE-FREE BUFFER ZONES

Smoking is prohibited [ on the Premises of a Multi-Unit Residence and in any Public

Place ] within a Reasonable Distance of any entrance, opening, or other vent into an enclosed area of a Multi-Unit Residence in which Smoking is prohibited by this [ article / chapter ], other provisions of this Code, state law, or federal law. For example, and without limitation, Smoking on balconies, porches, or patios within a Reasonable Distance of a window or door of a non-smoking Unit is prohibited. This provision does not apply inside a designated Smoking Unit pursuant to Section [ *5 ].

COMMENT: This provision prohibits smoking near enclosed non-smoking areas. This section addresses smoking on a balcony or other area that is so close to a non-smoking Unit that the smoke drifts in to the non-smoking Unit, a common complaint of non-smoking tenants. Note that “Reasonable Distance” is defined as at least 25 feet, although this distance may be modified.


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To exempt balconies, porches, or patios from this restriction, the second to last sentence of this section should be omitted, and the following phrase substituted: This restriction shall not apply to a private balcony, porch, or patio on which Smoking would otherwise be permitted. To exempt people who smoke as they pass through the buffer zone, the end of the first sentence of this section should be revised to read: “…other provisions of this Code, state law, or federal law, except while actively passing on the way to another destination and without entering any area in which Smoking is otherwise prohibited.” The exemption for passersby who are smoking is a common component of entryway smoking bans. However, such an exemption could prove problematic in the multi-unit housing context because a person could claim they were just passing through when they were intentionally violating the ordinance and smoking in a smokefree buffer zone. The bracketed language in the first sentence “Smoking is prohibited [ on the Premises of a Multi-Unit Residence and in any Public Place ] within a Reasonable Distance . . .” would prohibit smoking both on the property of the Multi-Unit Residence and in a Public Place (as defined by the ordinance) that is within 25 feet of the property. This would create a smoke-free buffer zone that encompasses adjacent sidewalks and adjacent outdoor smoking areas for bars or other businesses, if these areas are within the defined Reasonable Distance. To create an even larger smoke-free buffer zone, delete all of the language in brackets. The sentence would then read: “Smoking is prohibited within a Reasonable Distance . . .” This variation would create a smoke-free buffer zone that would extend to any place within a “Reasonable Distance” of any doorway, window, etc. of the apartment complex including both locations within the apartment complex itself, as well as on all adjacent property—public OR private. Thus, if a private residence is located next door to the apartment, this version of the language might prohibit smoking in the property’s backyard if it is within the Reasonable Distance limitation. To create the smallest smoke-free buffer zone, only the bracketed phrase “on the Premises of a Multi-Unit Residence” should be included. This section would then read: “Smoking is prohibited on the Premises of a Multi-Unit Residence within a Reasonable Distance . . .” This would limit the buffer zone to only the grounds of the


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apartment complex itself. Sec. [ ____ (*5) ]. NON-SMOKING UNITS REQUIRED IN MULTI-UNIT

RESIDENCES

(a) NEW MULTI-UNIT RESIDENCES

(1) In every Multi-Unit Residence substantially completed more than six months after [ date / the effective date of this [ article / chapter ] ] and [ containing [ ten ( 10 ) ] or more Units ], at least [ seventy-five (75) ] percent of the Units (including private outdoor spaces associated with such Units, such as balconies, patios and decks), shall be designated as non-smoking Units. All Units may be designated non-smoking. Non-smoking Units must be grouped together (e.g., horizontally and/or vertically) and physically separated from Smoking Units to the maximum extent practicable.

COMMENT: As written, this provision would apply only to Multi-Unit Residences containing 10 or more Units. However, this is a policy choice. The provision can be expanded to apply to all new Multi-Unit Residences by omitting the phrase “and containing [ ten ( 10 ) ] or more Units”. Or, the provision can apply to Multi-Unit Residences of any size by changing the designated number of Units from 10 to the desired number. Note that California law requires a building manager for residences with sixteen or more units and the presence of a manger may help ensure compliance with law. The percentage of non-smoking Units required is also a policy choice and may be modified as desired. The provision becomes effective six months after the ordinance takes effect so as to “grandfather” Multi-Unit Residences already under construction and to avoid any claim that the ordinance works a “taking” of private property in violation of the state and federal Constitutions.

(b) EXISTING MULTI-UNIT RESIDENCES

(1) In every Multi-Unit Residence existing on [ date / the effective date of this [ article / chapter ] ], not subject to subsection (a) above, and [ containing [ ten ( 10 ) ] or more Units ], at least [ fifty (50) ] percent of the Units (including private outdoor spaces associated with such Units, such as balconies, patios, and decks), must be designated as non-smoking Units. All Units may be designated non-smoking Units. Non-smoking Units must be grouped together (e.g., horizontally and/or vertically) and physically separated from Smoking Units to the maximum extent practicable.

COMMENT: As with the previous section, this provision, as written, applies only to Multi-Unit Residences containing 10 or more Units. This provision may be broadened to apply to all existing Multi-Unit Residences at the time the


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ordinance is enacted by omitting the phrase “and containing [ ten ( 10 ) ] or more Units.” Or, the provision can apply to Multi-Unit Residences of any size by changing the designated number of Units from 10 to the desired number. The percentage of non-smoking Units required is also a policy choice and may be modified. Alternatively, a community may choose to regulate only new Multi-Unit Residences and delete subsection (b) entirely. This ordinance requires that non-smoking Units be designated based on whether the entire Multi-Unit Residence exists when the ordinance is adopted. It does not look at when individual Units are completed. Therefore, the ordinance does not address what happens if particular Units, or even the entire Multi-Unit Residence, are taken off the market, renovated, and then newly-rented after the ordinance is adopted. Under this ordinance, the renovated Units and/or Multi-Unit Residence would still be classified as “existing.” However, communities may wish to include additional language to address whether newly-renovated Units or Multi-Unit Residences would be considered “new” or “existing” for purposes of designating non-smoking units.

(2) A Unit designated non-smoking by action of the Landlord or by the force of this [

article / chapter ] shall not be subject to the Smoking restrictions in subsection (c) of this [ section / subsection ] while the legal tenant(s) in occupancy on [ date / the effective date of this [ article / chapter ] ] continuously lease(s) the Unit.

COMMENT: This provision “grandfathers” existing smoking tenants whose leases do not prohibit smoking and allows them to continue to smoke in their Units even if the Unit is declared a non-smoking Unit by the Landlord. Only when the current smoking tenant vacates his or her Unit does the Unit become non-smoking. The purpose of this section is to allow for the gradual transition of Units to non-smoking when smoking tenants move out of these Units.

(c) Smoking is prohibited in non-smoking Units in Multi-Unit Residences.

COMMENT: This makes smoking in a non-smoking Unit against the law, not just a violation of a lease term.

Sec. [ ____ (*6) ]. REQUIRED LEASE TERMS

(a) Every new lease or other agreement for the occupancy of a Unit in a Multi-Unit

Residence shall include:


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COMMENT: This section requires that smoking restrictions be included as part of the lease. By including these restrictions in the lease agreement, Landlords may enforce the smoking restrictions just like any other condition in the lease. The Landlord then becomes an alternate enforcement authority for the smoking restrictions, in addition to local government enforcement of the law (see Section *10 Enforcement) and private citizen enforcement (see Section *11 Private Enforcement).

(1) a clause stating that Smoking is prohibited in the Unit if the Unit has been

designated as a non-smoking Unit; (2) a clause stating that it is a material breach of the lease or agreement to (i) violate

any law regulating Smoking while on the Premises; (ii) Smoke in a non-smoking Unit; or (iii) Smoke in any Multi-Unit Residence Common Area in which Smoking is prohibited by the Landlord; and

(3) a clause stating that all lawful occupants of the Multi-Unit Residence are express

third-party beneficiaries of the above required clauses.

COMMENT: Declaring other residents third-party beneficiaries grants people living in the Multi-Unit Residence limited rights to enforce the no smoking lease terms. Without the declaration, other residents have no legal right to enforce the lease terms and the burden of enforcing the terms rests solely with the Landlord and the public agency.

(b) The lease or agreement terms required by subsection (a) are hereby incorporated by

force of law into any lease or other agreement for the occupancy of a Unit in a Multi-Unit Residence made on or after the effective date of the ordinance which adopted this section and which does not fully comply with subsection (a).

COMMENT: This is a back-up provision to ensure that the no smoking term is included by law, even if the Landlord fails to comply with subsection (a).

(c) A tenant who breaches the Smoking regulations of a lease or knowingly allows

another person to do so shall be liable to: (i) the Landlord; and (ii) to any lawful occupant of the Multi-Unit Residence who is exposed to secondhand smoke as a result of that breach. A Landlord shall not be liable to any person for a tenant’s breach of Smoking regulations if the Landlord has fully complied with subsection (a).

COMMENT: This provision allows other tenants to enforce the no smoking term in the lease agreement. In addition, this provision expressly states that the Landlord is not contractually required to enforce the no smoking term


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and that other residents cannot force the Landlord to act against a tenant who violates the term. Thus, the Landlord need not be a guarantor of the ordinance’s enforcement. There are two additional enforcement mechanisms in this ordinance: Section *10 “Enforcement” provides for traditional enforcement by local government officials. Section *11 “Private Enforcement” grants any member of the public the right to enforce the ordinance. Thus, a Landlord, a tenant, or a member of the public could bring a lawsuit to enforce the ordinance in either Superior Court or small claims court.

(d) Failure to enforce any Smoking regulation of a lease or agreement on one or more

occasions shall not constitute a waiver of the lease or agreement provisions required by this ordinance and shall not prevent future enforcement of any such Smoking regulation on another occasion. Sec. [ ____ (*7) ]. DISCLOSURE OF NON-SMOKING UNITS BY LANDLORD

Every Landlord shall maintain a list of designated non-smoking Units and a floor plan

identifying the relative position of Smoking and non-smoking Units. The floor plan also shall identify the location of any designated Smoking Areas. A copy of this list and floor plan shall accompany every new lease or other agreement for the occupancy of a Unit in a Multi-Unit Residence. If a copy of the list and floor plan is not so supplied, the Unit subject to the lease shall be a non-smoking Unit.

COMMENT: This section requires the Landlord to notify new tenants of the relative location of Smoking and non-smoking Units. It does not require the Landlord to inquire as to any tenants’ personal smoking habits. Instead, the Landlord merely identifies which Units allow smoking and which do not.

Sec. [ ____ (*8) ]. PROHIBITIONS AND DUTIES GENERALLY

(a) No Person shall Smoke or knowingly permit Smoking in an area of the Premises

under his or her legal or de facto control in which Smoking is prohibited by a lease or agreement term, by this [ chapter / article ], this Code, or any other state or federal law provided, however, that this prohibition does not apply to a Person who is already compelled to act under state or federal law.

COMMENT: This provision makes anyone who is in control of an area responsible for any violation of existing laws prohibiting smoking. The phrase “does not apply to a Person who is already compelled to act under state or federal law” is included to avoid preemption by not


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duplicating state or federal law. For example, this provision would not apply to a property manager whose employees smoke inside the front office because that situation is fully covered by California Labor Code section 6404.5. However, a tenant would be liable under this provision if a guest smokes on the tenant’s non-smoking balcony because no other law requires the tenant to stop the guest from smoking.

(b) No Person shall knowingly permit the presence or placement of ash trays, cans, or

other receptacles within Multi-Unit Residence Common Areas under his or her legal or de facto control in which Smoking is prohibited by this [ chapter / article ], this Code, or any other state or federal law, including, for example and without limitation, within a Reasonable Distance of any non-smoking area.

(c) “No Smoking” signs, with letters of no less than one inch in height or the

international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar) shall be clearly and conspicuously posted and maintained by the Landlord in every place on the Premises in which Smoking is prohibited by this [ article / chapter ] or by the Landlord, except that signs are not required inside Units. Signs must be sufficient to make areas where Smoking is prohibited obvious to a reasonable person. The absence of signs shall not be a defense to a violation of any provision of this [ article / chapter ].

Sec. [ ____ (*9) ]. MEDICAL MARIJUANA

Notwithstanding any other provision of this [ article / chapter ], Smoking marijuana for

medical purposes as permitted by California Health and Safety Code sections 11362.7 et seq. in any Unit of a Multi-Unit Residence is not prohibited by this [ article / chapter ]. Notwithstanding the forgoing, such use of marijuana may be prohibited by other provisions of this Code, state law, or federal law.

Sec. [ ____ (*10) ]. ENFORCEMENT

The remedies provided by this [ article / chapter ] are cumulative and in addition to any other remedies available at law or in equity.

COMMENT: The following section is designed to offer a variety of options to the drafter and to the enforcing agency. Drafters may choose to include some or all of these options. Once the ordinance is enacted, the enforcing agency will have the discretion to choose which enforcement tools to use. As a practical matter, these enforcement options would not be applied simultaneously, although multiple remedies might be used against a particularly egregious violator over time.

(a) Violations of this [ article / chapter ] are subject to a civil action brought by the [ City

Prosecutor / District Attorney ] or the [ City Attorney / County Counsel ], punishable by:


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1. a fine of not less than [ one hundred dollars ($100) ] and not exceeding [ two

hundred fifty dollars ($250) ] for a first violation; or 2. a fine of not less than [ two hundred fifty dollars ($250) ] and not exceeding [ five

hundred dollars ($500) ] for a second violation in any [ sixty-month (60) period ]; or 3. a fine of not less than [ five hundred dollars ($500) ] and not exceeding [ one

thousand dollars ($1,000) ] for a third or subsequent violation in any [ sixty-month (60) period ].

COMMENT: This provides civil fines for violations. It requires that a traditional civil suit be filed by the city or county. Both the fine amounts and the length of time used to measure violations can be adjusted. The amount of the fines is limited only by fundamental due process protections– i.e., they cannot be so large as to constitute excessive punishment.

(b) Violations of any provision of this [ article / chapter ] are an infraction. Enforcement

of the penal provisions of this [ article / chapter ] shall be the responsibility of [ ____ ]. Any peace officer or code enforcement official also may enforce this [ article / chapter ].

COMMENT: Fines and other criminal penalties are established by the Penal Code and are typically reflected in the general punishments provision of a local code. Permitting any peace officer or code enforcement official to enforce the law provides the maximum flexibility that is a key component to meaningful enforcement. Identifying a specific enforcement agency, such as law enforcement or the Health Department, should improve the likelihood of enforcement. However, it would be wise to discuss this in advance with the designated agency. If circumstances require that the duty of designating the enforcement agency be assigned to the City Manager or County Administrative Officer, the following may be substituted: Enforcement of the penal provisions of this [ article / chapter ] shall be implemented by the [ City Manager / County Administrative Officer ] or his or her designee.

(c) No Person shall intimidate, harass, or otherwise retaliate against any Person who

seeks to attain compliance with this [ article / chapter ]. Moreover, no Person shall intentionally or recklessly expose another Person to secondhand smoke in response to that Person’s effort to achieve compliance with this [ article / chapter ]. Violation of this subsection shall constitute a misdemeanor.

(d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of

this [ article / chapter ] shall constitute an infraction.


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COMMENT: This is standard language that is typically included in a city or county code and may be omitted if duplicative of existing code provisions.

(e) A violation of this [ article / chapter ] is hereby declared to be a public nuisance.

COMMENT: By expressly stating that a violation is a public nuisance, this provision points out the fact that this ordinance can be enforced via the administrative nuisance abatement procedures commonly found in municipal codes. In addition, together with the provision for injunctive relief below, this provision authorizes a civil public nuisance action as an enforcement device.

(f) In addition to other remedies provided by this [ article / chapter ] or otherwise

available at law or in equity, any violation of this [ article / chapter ] may be remedied by a civil action brought by the [ City Attorney / County Counsel ], including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

COMMENT: It is common to provide that the local government’s lawyers may go to court to seek injunctions and other penalties in addition to fines. The express provision for injunctive relief lowers the showing required to obtain a preliminary or permanent injunction as described in IT Corp. v. County of Imperial, 35 Cal.3d 63 (1983). Think carefully about the nuisance abatement procedure you choose. A local government may provide for treble damages for the second or subsequent nuisance abatement judgment within a two-year period, as long as the ordinance is enacted pursuant to Government Code section 38773.7. Treble damages are not available, however, under the alternative nuisance abatement procedures in Government Code section 38773.1 and Health & Safety Code section 17980. Government Code section 38773.5 establishes a procedure for nuisance abatement where the cost of the abatement can be collected via the property tax roll as a special assessment against the property on which the violation occurs.

Sec. [ ____ (*11) ]. PRIVATE ENFORCEMENT

COMMENT: This “Private Enforcement” provision makes it possible for any member of the public to sue violators of this ordinance. This “private right of action” section provides an avenue for private persons to file suit. Such a right was curtailed after the passage of Proposition 64 in November 2004, which prohibited the use of California Business and Professions Code section 17200 by private


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persons to file suits on behalf of the public. However, nothing in Proposition 64 prohibits local governments from creating a private right of action to enforce violations of local law. Note that although this section is titled “Private Enforcement” the city or county itself can also use these provisions if it deems them preferable to other enforcement options or if it seeks to impose additional sanctions. For further explanation of the rationale behind and potential impact of this provision, please see TALC’s memorandum entitled “The Benefits of Adding a Private Right of Action Provision to Local Tobacco Control Ordinances” available from TALC at (510) 444-8252 or by e-mail at [email protected] or from our website at http://talc.phi.org. If this “Private Enforcement” provision is not included, substitute a section (g) to Section *10 “Enforcement” that reads: (g) Any Person, including a legal entity or organization, acting for the interests of itself, its members, or the general public may bring an action for injunctive relief to prevent future such violations or sue to recover such actual or statutory damages as he or she may prove.

(a) A Private Enforcer or the [ City / County ] of [ ____ ] may bring a civil action to

enforce this [ article / chapter ]. Upon proof of a violation, a court shall award the following:

COMMENT: This provision allows a Private Enforcer to sue a violator if the Private Enforcer has been personally harmed or if the Private Enforcer wants to act as a private attorney general by holding the violator accountable on behalf of the general public.

(1) Damages in the amount of either:

(i) upon proof, actual damages; or (ii) with insufficient or no proof of damages, $[ 500 ] for each violation of this

[ article / chapter ] (hereinafter “Statutory Damages”). Unless otherwise specified in this [ article / chapter ], each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this [ article / chapter ], no Private Enforcer suing on behalf of the general public shall recover Statutory Damages based upon a violation of this [ article / chapter ] if a previous claim brought on behalf of the general public by a Private Enforcer or the [ City / County ] for Statutory Damages and based upon the same violation has been adjudicated, whether or not the Private Enforcer was a party to that adjudication.

COMMENT: This provision allows for the collection of


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damages even if it is difficult or impossible to prove the actual amount of damages resulting from a given violation. Statutory damages can add up to a substantial sum because each day of a continuing violation is a separate violation. However, if an action is brought in small claims court, the total amount of damages sought must fall below $5,000. So, when considering the amount at which to set statutory damages, it is worth considering whether a typical case brought under the ordinance will involve a claim for less than $5,000. Note that this provision protects a person from being sued multiple times on behalf of the general public for the same violation and must do so to prevent the ordinance from being challenged as unconstitutionally punitive.

(2) Exemplary damages, where it is proven by clear and convincing evidence that the

defendant is guilty of oppression, fraud, malice, retaliation, or a conscious disregard for the public health.

COMMENT: Exemplary damages are also known as punitive damages. They are designed to punish and deter a defendant in a tort case who has acted in an outrageous manner.

(b) The Private Enforcer may also bring a civil action to enforce this [ article / chapter ] by way of a conditional judgment or an injunction. Upon proof of a violation, a court shall issue a conditional judgment or an injunction.

COMMENT: In order to get an injunction, a plaintiff would have to sue in another division of superior court and not the small claims division. However, a plaintiff could seek a conditional judgment in small claims court. Note that the difference between an injunction and a conditional judgment is that with the former, the defendant is directly ordered to do something (or to refrain from doing something). With a conditional judgment, however, the defendant is given a choice between fulfilling certain conditions (e.g., ceasing the illegal conduct) or suffering a different judgment (e.g., paying monetary damages). (See 1 Consumer Law Sourcebook for Small Claims Court Judicial Officers (California Department of Consumer Affairs 1996) §§ 12.32-12.34.) A conditional judgment could serve as an alternative to damages, or it could be in addition to damages. For example, a small claims court could order some monetary damages along with a conditional judgment giving the defendant a choice between stopping the violations or paying even more money.

(c) Notwithstanding any legal or equitable bar against a Private Enforcer seeking relief on its own behalf, a Private Enforcer may bring an action to enforce this [ article / chapter ] solely on behalf of the general public. When a Private Enforcer brings an action solely on behalf of the general public, nothing about such an action shall act to preclude or bar the


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Private Enforcer from bringing a subsequent action based upon the same facts but seeking relief on his, her or its own behalf.

COMMENT: This is an important clause, so exercise care when considering whether to modify or eliminate it. This clause accomplishes two distinct goals: First, the clause permits a Private Enforcer with a special relationship to a particular defendant to sue the defendant even though the Private Enforcer might otherwise be prohibited from doing so. Attorneys often refer to such prohibitions as legal and equitable bars. For example, a tenant may be required to arbitrate—not litigate—any disputes, such as a dispute involving smoking in a Multi-Unit Residence. Under this clause, a tenant may be required to arbitrate any personal claims (e.g., damages for personal injury from secondhand smoke) but can nevertheless sue the tenant violating the ordinance in court as a representative member of the general public. In such a circumstance, the Private Enforcer could only make the claims that every member of the general public could make (e.g., sue for Statutory Damages on behalf of the general public for a violation of this ordinance). Second, the clause permits a Private Enforcer who first sues solely on behalf of the general public to sue the same defendant later on any personal claims (although such personal claims might still be subject to legal or equitable bars as described above). Normally, repetitive suits based upon essentially the same facts and circumstances are prohibited. Attorneys often use the terms res judicata, collateral estoppel, issue or claim preclusion for such prohibitions. Under this clause, however, a tenant subjected to smoking in a Multi-Unit Residence can first sue the tenant violating the ordinance solely on behalf of the general public, receiving the statutory damages amount for each violation. If the tenant is made ill by the secondhand smoke, she can sue the violating tenant later for personal injury. This clause is not intended to modify well-established legal rules concerning when a plaintiff may bring personal claims. Rather, it simply reflects the reasoning that when a Private Enforcer brings a claim solely on behalf of the general public, the plaintiff is acting as a private attorney general; thus, the existence of personal claims is irrelevant and such claims are unaffected.

(d) Nothing in this [ article / chapter ] prohibits a Private Enforcer from bringing a civil action in small claims court to enforce this [ article / chapter ], so long as the amount in demand and the type of relief sought are within the jurisdictional requirements set forth in California Code of Civil Procedure section 116.220.


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COMMENT: This clause is legally superfluous, but is serves to flag for plaintiffs and courts that small claims court would be an appropriate forum for resolving disputes under this provision.

SECTION III. CONSTRUCTION, SEVERABILITY It is the intent of the [ City Council / Board of Supervisors ] of the [ City / County ] of

[___________] to supplement applicable state and federal law and not to duplicate or contradict such law and this Ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The [ City Council / Board of Supervisors ] of the [ City / County ] of [ ____ ] hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

COMMENT: This is standard language. Often this “boilerplate” is found at the end of an ordinance but its location is irrelevant.


Pet – Free Addendum

Reference is hereby made to a lease or tenancy at will agreement (“Lease”) by and between, the Tenant, including all members of Tenant’s family or household (“Tenant”), and the Landlord. The following additional provisions shall be fully applicable to the Lease and made part thereof as though included within the Lease itself. PURPOSE: Tenant acknowledges the following: pets are likely to damage the Tenant’s apartment; some tenants have allergies to pet hair/dander and/or saliva.

THIS AGREEMENT is hereby attached to and made a part of the Rental Agreement dated

___________________________, 20___ by and between

________________________________________________________________________, the Owner/Agent, and

________________________________________________________________________, the Resident, for the premises located at

_____________________________________________________________________________.

WHEREAS, the Resident has a pet described below on the said premises; the Rental Agreement is hereby amended to grant such permission to the Resident. In exchange for this permission, the Resident agrees as follows:

1. To keep the pet out of all conmen areas such as laundry rooms, community rooms and any other building deemed as a common area on the rental property.

2. To keep the pet out of apartments and or buildings deemed as pet-free, 3. To keep the pet from causing any annoyance or discomfort to others and to immediately remedy any

complaints concerning the pet. 4. To keep the pet from damaging any property belonging to the Owner/Agent or others. 5. To immediately pay for any injury, damage, loss, or expense caused by the pet (In this regard, it is

expressly understood that at no time shall the Resident apply any part of the Pet Deposit towards such amounts due, but rather, the Resident shall make restitution immediately and separately from the Pet Deposit. It is further understood that such restitution shall be made over and above any rent paid in accordance with Item #1 of this Pet Agreement.)

6. To keep the pet under control at all times. 7. To keep the pet restrained, but not tethered, when it is outside of the dwelling. 8. Not to leave the pet unattended for any unreasonable periods. 9. To hold the Owner/Agent harmless from all liability arising from the Resident's ownership or keeping of

the pet, including but not limited to any liability resulting from the Owner/Agent turning said pet over to local pet policing authorities should the pet be found unsupervised.

10. To dispose of the pet's droppings properly and quickly. 11. To provide to the Owner/Agent a picture of the above named pet. 12. To insure that pet will wear the appropriate Local Animal License, a valid Rabies Tag and tag bearing

the owners name and phone number. All licenses and tags must be kept current. 13. To provide the Owner/Agent with evidence from the Veterinarian that all necessary shots are current

and that the pet does not display a tendency to be aggressive or harmful. 14. Tenant agrees to control flea infestation and will exterminate if necessary, and upon demand, in any

and all areas affected with full cost to be paid by tenant.

15. Tenant agrees that Owner/Agent will not be responsible for the injury, harm, or death of the animal, and agrees to hold Owner/Agent harmless for any damages suffered as a result of any harm caused on the animal or by the animal upon another person, guest or employee. Tenant shall be responsible for the entire amount of all damages caused by the pet as well as the entire amount of any injury to individuals or property. Tenant is encouraged to obtain a Pet Liability Policy that can be added as a rider to most renter insurance policies.

16. Pet must be spayed/neutered/declawed. 17. Pet shall not create any conflict or disturbance with others and will not threaten any physical harm to

anyone.

The permission granted herein shall be limited to a certain pet named

__________________________and described as follows:

Type of Pet: _______________________ Breed: _______________________

Color: _______________________

Full-grown Weight: _______________________

Full-grown Height:_______________________

Age: __________________ Sex: __________________ Neutered: Yes No Declawed: Yes No

Should the Resident fail to comply with any part of this Pet Agreement, the Owner/Agent reserves the right to revoke permission to keep the pet- In such event, the Resident agrees to permanently remove the pet from the premises within 48 hours, receiving written notice thereof from the Owner/Agent; failure to comply with same shall be grounds for immediate termination of the Rental Agreement.

I ACCEPT FINANCIAL RESPONSIBILITY FOR THE ENTIRE AMOUNT OF ANY DAMAGES OR INJURY TO PERSONS OR PROPERTY THAT MAY OCCUR BECAUSE OF MY PET. I UNDERSTAND THAT VIOLATIONS OF ANY OF THESE RULES MAY BE GROUNDS FOR REMOVAL OF MY PET AND/OR TERMINATION OF MY TENANCY;

THIS AGREEMENT is made in duplicate on this ____day of, ____________ 20____

_______________________________________________Resident

_______________________________________________Owner

_______________________________________________Resident

_______________________________________________Agent

Asthma Friendly Housing Community Survey “Asthma Friendly Housing” is tobacco-free, pet-free, and includes the use of low allergen plants and low Volatile Organic Compounds.

The purpose of this survey is to assess the receptivity of renters in adopting asthma friendly housing policies. Please be honest and open when answering the questions below.

(1) Is smoking allowed in your home? Yes No

(2) Has secondhand smoke ever drifted into your home?

Yes No

(3) Are you or a family member allergic to tobacco smoke? Yes No

(4) Do you own a pet?

Yes No (5) Are you or a family member allergic to animals?

Yes No

(6) Are you or a family member allergic to plant pollen Yes No

(7) Are you or a family member allergic to chemicals such as those found in cleaning

products or paints? Yes No

(8) How interested would you be in renting an asthma friendly apartment unit?

Very Interested Somewhat Interested Not at all Interested

(9) Which areas would you prefer to be asthma friendly? (Check all that apply.)

Indoor common areas, such as laundry, hallways, and gyms Outdoor common areas, such as pools, picnic areas, and recreation areas Patios, balconies, and yards Some units All units None of the above

Would you like information on any of the following?

Asthma Secondhand Smoke Pet’s “Information on Asthma Friendly Housing”

Other: ____________________________________________________

creating healthy homes resources by center for wellbeing

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