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January 19, 2006

Going smokeless

Could it happen in your condominium?

Sherry Hume

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Nowadays it’s not unusual to see no-smoking signs wherever you go. Restaurants, offices, post secondary institutes; they’ve all gone smoke-free.

As a matter of fact, smoking isn’t allowed in any public place, with the exception of designated areas. These areas must post the smoking allowed signs, and may only be accessed by individuals over the age of 18. So nowadays, it’s more unusual to see the green cigarette sign symbolizing a smoking area. Calgary’s bylaw states “No person shall carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner in a public premise.” As well, it also states “Except when on a public sidewalk, no person shall carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner within three metres of an entrance or exit to a public premise.” The city has taken stringent steps to protect the non-smoker’s right to smoke-free air, and to protect children from the harmful effects of second-hand smoke.

This trend towards restricting smoking in public places is one that reaches across the country. Even many rental properties are smoke-free, and landlords have the right to refuse tenancy based upon whether you are a smoker or a non-smoker. Many property owners feel that a unit that houses smokers is devalued by the effect that smoke has on carpets and walls, and that it is harder to rent or lease a property to a non-smoker if the unit has previously held smokers. This then raises the question of smoking in condominiums. Would it be possible that eventually condominiums could become smoke-free?

Calvin Buss, President of Millenium Realty says that he’s not sure that this will happen. “Although it hasn’t happened yet, it’s a natural evolution for society to go completely smokeless,” says Buss. “Having said that however, I can’t see how it could happen, as you can’t stop people from smoking in their own homes.” Buss says that currently condominiums are being built so that hallways are positively pressured, which means that the pressure in those areas is greater than that of the suites. This was intended to minimize the smells of cooking, but also effectively reduces the odor of smoking. He does say, however, that resorts are moving towards non-smoking. Buss says that many new resort units are fractionally owned instead of the traditional one-owner resort. This concept has resorts selling private units and suites allowing owners to use the suite for themselves and friends, or to put their suite in a rental pool to generate income. In this case, if the suite is to be included in the pool, there can be no smoking or pets allowed at all. If the owner wants a previously smoked-in suite to join the pool, then carpets and drapes have to be replaced, and walls repainted.

Slowly but surely, steps are being taken to ensure that smoking is becoming a harder habit to sustain. One area, however, that is a zone of contention for smokers and non-smokers alike, is a private balcony. Some rental properties don’t allow smoking on balconies, due in part to the damage that careless smoking can cause. This rule varies from property to property, and is sometimes considered unfair. Many tenants don’t like to smoke in their home, or request visitors to smoke outside. In an apartment or condo, sometimes the balcony is the only other option. However, as of yet, the bylaws don’t include these areas as no-smoking zones, and there are some owners who think they should. Cigarettes that have been flicked off higher levels can sometimes blow in an open window or door below, and cause damage. As it’s impossible to tell where that butt came from, there is no way to recoup for damages. There is even an instance where a cigarette butt landed in a flower pot and caught fire. Although these instances are relatively rare, they cause contention between smoking and non-smoking condo-owners. In order for a condo-board to designate a condominium as non-smoking, or to prevent smoking on balconies, it takes a large owner-majority to rule this in. So while it is still currently acceptable to smoke on balconies, and in privately owned residences, a few careless acts could fuel the fire in the crusade against smoking. However, it might be a long time before smokers lose those last freedoms, if ever.   CL

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