Multi-Unit Smoking Ban

Effective July 1, 2021

The San Pablo City Council passed Ordinance 2020-03 to prohibit smoking in multi-unit rental housing in an effort to protect the public health, safety and welfare against the health hazards and harmful effects of the use of addictive tobacco and other smoking products.

Smoking includes, but is not limited to, tobacco smoke (nicotine products including cigarettes, cigars, little cigars, etc.), electronic smoking device vapors, cannabis smoke, and smoke from any illegal substance.

Resources:

  1. Ordinance 2020-03
  2. “No Smoking” Signage Template
  3. County additional information 

Type of Units Subject to the Smoking Ban

  • Units subject to the smoking ban:
    • Any residential property containing two (2) or more units with one or more shared or abutting walls, floors, ceilings or shared ventilation systems, each with its own kitchen and bathroom facilities.
  • Units exempt from the smoking ban:
    • A detached single-family residence;
    • A single-family home with detached or attached in-law accessory dwelling unit permitted pursuant to section 17.60.070 Accessory Dwelling Units of the San Pablo Municipal Code;
    • Condominiums and townhomes that are separately owned;
    • A hotel or motel that meets the requirements of the California Civil Code section 1940(b)(2); or
    • A mobile home park.

Landlord Requirements:

  • All units in multi-unit rental properties must be “non-smoking” units;
  • Every rental agreement must include:
    1. A clause stating that smoking is prohibited in the unit;
    2. A clause stating that it is a material breach of the rental agreement to (i) violate any law regulating Smoking while on the premises; (ii) Smoke in the unit; (iii) Smoke in any common area where Smoking is prohibited;
    3. A clause stating that all occupants of the property are express third-party beneficiaries of the above required clauses.
  • "No Smoking" signs must be posted in the spaces where smoking is regulated, including common areas and at the building entrance. “No Smoking” signs are not required inside or on the doorway of dwelling units. (see sign template under “Resources”)
  • A landlord may designate a portion of an outdoor common area as a smoking area provided that the area meets the following standards:
    • Located at least 25 feet away from outdoor areas primarily used by children as well as 25 feet away from doors, windows, air ducts, and ventilation systems of multi-unit housing;
    • Area does not exceed 25% of the total outdoor area of the premises;
    • Area has a clearly marked perimeter;
    • Area is identified by conspicuous signs.

Questions

Please contact the Planning Department at (510)-215-3030