California Legislature—2013–14 Regular Session

Assembly BillNo. 746

Introduced by Assembly Member Levine

February 21, 2013

An act to add Article 4 (commencing with Section 118960) to Chapter 4 of Part 15 of Division 104 of the Health and Safety Code, relating to smoking.


AB 746, as introduced, Levine. Smoking: prohibition in multifamily dwellings.

Existing law regulates the smoking of tobacco in various public places, prohibits the smoking of tobacco in a private residence that is licensed as a family day care home during its hours of operation and in those areas of the facility where children are present, and authorizes a landlord to prohibit the smoking of tobacco in the building or on the property.

This bill would prohibit the smoking of a cigarette or other tobacco products in all areas of multifamily dwellings, except those areas designated as areas where smoking is permitted, as specified. This bill would define, for the purposes of these provisions, multifamily dwellings to mean residential property containing 2 or more units with one or more shared walls, floors, ceilings, or ventilation systems. This bill would provide that any person who violates the requirements of the bill is guilty of an infraction. By creating a new crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1


Article 4 (commencing with Section 118960) is
2added to Chapter 4 of Part 15 of Division 104 of the Health and
3Safety Code, to read:


5Article 4.  Smoking in Multifamily Dwellings




(a) The smoking of a cigarette, as defined in Section
8104556, or other tobacco product is prohibited in the units and all
9other areas of new and existing multifamily dwellings, except those
10areas that have been designated pursuant to subdivision as areas
11where smoking is permitted (c).

12(b) For the purposes of this section, “multifamily dwelling”
13means residential property containing two or more units with one
14or more shared walls, floors, ceilings, or ventilation systems.

15(c) The landlord, property manager, building owner,
16homeowners’ association, or other equivalent authority may
17designate an outdoor area where smoking is permitted if the area
18meets all of the following criteria:

19(1) The area is located at least 20 feet from any unit or enclosed
20area where smoking is prohibited.

21(2) The area does not include, and is at least 100 feet from,
22unenclosed areas primarily used by children and unenclosed areas
23with improvements that facilitate physical activity including
24playgrounds, swimming pools, and school campuses.

25(3) The area includes no more than 10 percent of the total
26enclosed area of the multifamily dwelling for which it is

28(4) The area has a clearly marked perimeter and is identified by
29conspicuous signs.

30(5) The area is completely within a confined area.

31(6) The area does not overlap with any enclosed or unenclosed
32area in which smoking is otherwise prohibited.

P3    1(d) Any person who violates this section is guilty of an infraction
2and shall be punished by a fine not to exceed one hundred dollars
3($100) for each violation.

4(e) This section shall not be construed to preempt a city or
5county from enacting or enforcing an ordinance relating to smoking
6in multifamily dwellings if the ordinance is more stringent than
7this section.


SEC. 2.  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California