2017 -- H 5522

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LC001281

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY - MULTI-UNIT RESIDENCE SAFETY ACT

     Introduced By: Representatives Shanley, McNamara, Vella-Wilkinson, Bennett, and
Serpa

     Date Introduced: February 15, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 20.13

MULTI-UNIT RESIDENCE SAFETY ACT

     23-20.13-1. Short title.

     This chapter shall be known and may be cited as the "Multi-Unit Residence Safety Act".

     23-20.13-2. Legislative findings.

     The general assembly hereby finds and declares that:

     (1) The health, safety, and welfare of citizens of the state of Rhode Island are matters of

paramount importance to the Rhode Island general assembly; and

     (2) Tobacco use causes death and disease and continues to be an urgent public health

threat, as evidenced by the following:

     (i) Four hundred and eighty thousand (480,000) people die prematurely in the United

States from smoking-related diseases ever year, making tobacco use the nation's leading cause of

preventable death; and

     (ii) Tobacco use can cause disease in nearly all organ systems and is responsible for

eighty-seven percent (87%) of lung cancer deaths, seventy-nine percent (79%) of all chronic

obstructive pulmonary disease deaths, and thirty-two percent (32%) of coronary heart disease

deaths; and

     (iii) Over one hundred and sixty seven billion dollars in annual health related economic

losses is spent on smoking; and

     (iv) The United States Surgeon General has stated that there is no risk-free level of

exposure to secondhand smoke; and

     (v) Many studies also show that there are harmful health effects of secondhand smoke;

and

     (vi) Nonsmoking pregnant women and their fetuses are exposed to environmental

tobacco smoke as a result of living in multi-unit housing; and

     (vii) A study conducted by Brown University released on December 26, 2016, found that

metropolitan areas that recently enacted indoor smoking bans in public areas are associated with a

seventeen percent (17%) overall reduction in the number of children visiting emergency

departments with asthma complaints; and

     (viii) Exposure to secondhand smoke is estimated to kill approximately fifty thousand

(50,000) nonsmokers in the United States each year; and

     (ix) Smoking-related fires are the leading cause of fire deaths, and account for seventeen

percent (17%) of fire deaths in residential buildings and three hundred three million dollars

($303,000,000) in property loss each year; and

     (x) Studies show smoke free air laws decrease secondhand smoke exposure among

nonsmokers, reduce heart attack and asthma hospitalizations, and encourage smokers to quit; and

     (xi) In a multi-unit rental housing setting, secondhand smoke does drift from neighboring

housing units, neighboring patios and balconies and from outdoor common areas into

nonsmokers' units through open windows, open doors and shared ventilation systems; and

     (xii) Studies have shown that secondhand smoke can also enter neighboring housing units

under doorways and through wall cracks and opening for electrical wiring, light fixtures,

plumbing, baseboards and ductwork; and

     (xiii) The surgeon general has concluded that eliminating smoking in indoor spaces is the

only way to fully protect nonsmokers from secondhand smoke exposure and that separating

smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent

secondhand smoke exposure; and

     (xiv) Several studies have confirmed that smoke free multi-unit housing policies are the

most effective method to fully reduce secondhand smoke exposure in multi-unit housing; and

     (xv) The significant health issues related to secondhand smoke necessitate action on a

statewide basis to classify multi-unit rental housing developments as nonsmoking areas.

     23-20.13-3. Definitions.

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     For the purposes of this chapter the following definitions shall govern unless the context

clearly requires otherwise:

     (1) "Adjacent unenclosed property" means any unenclosed area of property, publicly or

privately owned, that abuts a multi-unit residence, but shall not include property containing

detached single-family homes.

     (2) "Electronic smoking device" means an electronic device that can be used to deliver an

inhaled dose of nicotine, or other substances, including any component, part, or accessory of such

a device, whether or not sold separately. "Electronic smoking device" includes any such device,

whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic

cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name

or descriptor.

     (3) "Enclosed area" means an area in which outside air cannot circulate freely to all parts

of the area, and includes an area that has:

     (i) Any type of overhead cover, whether or not that cover includes vents or other

openings and at least three (3) walls or other physical boundaries of any height, whether or not

those boundaries include vents or other openings; or

     (ii) Four (4) walls or other vertical boundaries that exceed six feet (6') in height, whether

or not those boundaries include vents or other openings.

     (4) "Landlord" means any person or agent of a person who owns, manages, or is

otherwise legally responsible for a unit in a multi-unit residence that is leased to a residential

tenant, except that "Landlord" shall not include a tenant who sublets a unit.

     (5) "Multi-unit residence" means property containing two (2) or more units, including,

but not limited to, apartment buildings, condominium complexes, senior and assisted living

facilities, and long-term health care facilities. Multi-unit residences shall not include the

following:

     (i) A hotel or motel that meets the requirements set forth in §5-14-3;

     (ii) A mobile home park;

     (iii) A campground;

     (iv) A marina or port;

     (v) A single-family home, except if used as a child care or health care facility subject to

licensing requirements; and

     (vi) A single-family home with a detached or attached in-law or second unit permitted

pursuant to applicable Rhode Island general laws, except if the single-family home or in-

law/second unit is used as a childcare or health care facility subject to applicable licensing

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requirements.

     (6) "New unit" means a unit that is issued a certificate of occupancy and/or final

inspection after the effective date of this chapter and shall also mean a unit that is let for

residential use for the first time after the effective date of this chapter.

     (7) "Nonsmoking area" means any enclosed area or unenclosed area in which smoking is

prohibited by:

     (i) This chapter or other applicable local law or ordinance;

     (ii) A binding agreement relating to the ownership, occupancy, or use of real property; or

     (iii) The designation of a person with legal control over the area.

     (8) "Person" means any natural person, partnership, cooperative association, corporation,

personal representative, receiver, trustee, assignee, or any other legal entity, including

government agencies.

     (9) "Smoke" means the gases, particles, or vapors released into the air as a result of

combustion, electrical ignition, or vaporization when the apparent or usual purpose of the

combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except

when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of

inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke"

includes, but is not limited to, tobacco smoke, electronic smoking device vapors, marijuana

smoke, and crack cocaine smoke.

     (10) "Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or

ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product

intended for human inhalation.

     (11) "Unenclosed area" means any area that is not an enclosed area.

     (12) "Unit" means a personal dwelling space, even where lacking cooking facilities or

private plumbing facilities, and includes any associated exclusive-use enclosed area or

unenclosed area, including, but not limited to, a private balcony, porch, deck, or patio. "Unit"

includes, without limitation, an apartment; a condominium; a townhouse; a room in a senior

facility; a room in a long-term health care facility, assisted living facility, or hospital; a room in a

hotel or motel; a dormitory room; a room in a single room occupancy ("SRO") facility; a room in

a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law

or second unit. Unit includes, without limitation, a new unit.

     23-20.13-4. Required and implied lease terms for all new and existing units in multi-

unit residences.

     (a) Every lease or other rental agreement for the occupancy of a unit in a multi-unit

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residence, entered into, renewed or continued month-to-month, shall include a provision:

     (1) Indicating that secondhand smoke shall be considered a nuisance which shall be

grounds for termination of the lease or rental agreement:

     (i) Upon written notice provided to the landlord that the nuisance of secondhand smoke is

interfering with the enjoyment of the premises by the tenant; and

     (ii) If not corrected by the landlord within thirty (30) days of notice.

     (b) It shall be the responsibility of the landlord or property owner to provide evidence to

the director or their designee that the multi-unit rental unit is in compliance with this section.

     SECTION 2. This act shall take effect upon passage and shall apply to all leases entered

into or renewed on or after the effective date of this act.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - MULTI-UNIT RESIDENCE SAFETY ACT

***

     This act would permit tenants of multi-unit residences to terminate their lease agreements

if no action is taken to remedy the presence of secondhand smoke.

     This act would take effect upon passage and would apply to all leases entered into or

renewed on or after the effective date of this act.

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