Click here for FAQs.
Are all residential properties in Burlingame impacted by this ordinance?
No. Only residential properties containing two or more units with one or more shared or abutting walls, floors, ceilings or shared ventilation systems including, but not limited to, a common interest development, condominium, townhouse, duplex, triplex, and apartment or other rental complex are subject to this ordinance.
Where is smoking prohibited?
Smoking is prohibited in all multi-unit residences, all unenclosed and enclosed common areas, and all other areas of a multi-unit residence. Smoking is also prohibited within at least 30 feet in any direction from any operable doorway, window, opening or other vent into an enclosed area that is located at the multi-unit residence, areas primarily used by children, and areas with improvements that facilitate physical activity including playgrounds and swimming pools.
Where is smoking permitted?
Smoking is permitted in a designated smoking area if the property has such area (and not all properties will have such an area). Outdoor designated smoking areas must be located more than 30 feet from the above listed prohibited areas.
Are electronic cigarettes included in the ordinance and therefore are prohibited in multi-unit residences?
Not at this time.
When did the ordinance go into effect?
The ordinance went into effect in 2015 but its enforcement has been delayed until 2016.
What are the fines and penalties?
Violations of the ordinance may be enforced through administrative citations or by issuing criminal citations (infractions). For administrative citations and infractions, the fines are as follows:
1. A fine not exceeding $100.00 for a first violation.
2. A fine not exceeding $200.00 for a second violation.
3. A fine not exceeding $500.00 for each additional violation within one year.
How will the ordinance be enforced?
Violations of designation of smoking areas should be addressed to the City’s Code Enforcement Officer Rachel Norwitt by calling 650-558-7208 or emailing email@example.com. Anonymous complaints are accepted.
What are the responsibilities of apartment managers or homeowners associations under the ordinance?
No person with legal control over any nonsmoking area, or authorized representative of such person, shall knowingly permit smoking in any nonsmoking area that is under the person's control. Such person shall keep the property free of any tobacco litter or waste. The apartment manager or owner or homeowner’s association shall post. “No smoking” signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).
Can I establish non-smoking policies that are stronger than what is required under the ordinance?
Yes. The ordinance does not prevent property owners from establishing more stringent non-smoking requirements.
What happens if a resident is complaining about drifting smoke from another unit?
The Code Enforcement Officer will contact the residents in the unit, advise and educate the residents about the Ordinance, and inform them that if the prohibited behavior continues, the person will be subject to a citation.