
Dwight and Tanya Wamboldt get cigarette smoke wafting into their Vancouver condo bedroom window and patio door.
The B.C. Tobacco Control Act designates spaces such as apartment lobbies, corridors and laundry areas as public spaces where smoking is prohibited. The act requires smokers to stay at least three metres away from open windows, air intakes and the public entranceways of apartment buildings, and puts the enforcement onus on landlords or hea
lth authorities.
The act does not apply to private balconies in apartments or condominiums, but landlords or strata councils can enact rules to ban smoking in those areas.
In some cases — the City of Vancouver being one example — municipal bylaws concerning second-hand smoke are stricter than the provincial legislation and the city’s bylaw enforcement department may become involved.
The situation is even more complicated in condominium complexes. Strata buildings are subject to the Tobacco Control Act and any applicable municipal regulations, but strata councils also have the authority to create and enforce their own anti-smoking bylaws that could, for example, ban smoking on balconies and rooftops.
The Melville’s property manager Ken Armstrong said he receives as many as 20 complaints a month from residents upset about second-hand smoke; of those, about five or six usually relate to marijuana smoke.
“I think in the long run you’re going to see non-smoking buildings and smoking buildings because there’s so much conflict between the smokers and non-smokers,” Armstrong said.
A directory on the Smoke Free Housing B.C. website, run by the B.C. Healthy Living Alliance, listed 62 smoke-free buildings in B.C. on Wednesday, 23 of which were in the Lower Mainland, Fraser Valley or Whistler.
Asked to choose between buying identical condos, one in a building with a smoking bylaw and the other without, Wamboldt was clear.
“You know which one I’d buy? Pretty obvious, isn’t it?”
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