Smoke-Free Arizona Newsletter
Volume 2 Issue 3
November 2011
Private Residences

Outdoor Common Areas

Private residences are one of the seven exemptions of the Smoke-Free Arizona Act, A.R.S. § 36601.01 (“the Act”). Smoking is allowed in private
residences, except when the residence is used as
a licensed child care, adult day care, or health
care facility. In licensed facilities, smoking is allowed outside and on outdoor patios in, such as
back porches or balconies, as long as tobacco
smoke does not enter into the licensed private
residence.

Multi-Family Housing

Outdoor common areas may include courtyards,
sidewalks, walkways, tennis courts, volleyball
courts, basketball courts, playgrounds, or swimming pools. Please remember that a proprietor
may designate the entire property as nonsmoking.

Swimming Pools

Individual Units
Smoking inside individual multi-family housing
units such as apartments, condominiums, or duplexes is allowed. Each individual unit is exempt
from the Act because they are considered private
residences; therefore, tenants can smoke on their
balconies, patios, or decks even if it is within 20
feet of a neighboring unit.
The Act does not address smoke entering into a
private residence from outside, through a ventilation system, or from a neighboring residence.
Please keep in mind that a proprietor may designate their rental unit as non-smoking. Multifamily
housing residents should follow the smoking policy
set by their landlord.

Enclosed Common Areas

Smoking is allowed outdoors as long as smoking
occurs at least 20 feet away from entrances, open
windows, or ventilation systems of enclosed common areas where smoking is prohibited unless defined differently by a local ordinance.

Smoking is prohibited inside and within 20 feet of
entrances, open windows, or ventilation systems
of enclosed common areas of multi-family housing such as the main office, laundry room, fitness
center, activity center, or clubhouse.

Smoking around outdoor swimming pools, such as
the ones in apartment complexes or condominiums, is allowed. Smoke should not enter into enclosed common areas where smoking is prohibited. Enclosed areas near pools may include laundry rooms, activity centers, clubhouses, bathrooms, or changing rooms.
Swimming pools may have their own smoking policy set by the proprietor. Multi-family housing
residents should follow the smoking policy set by
the proprietor of their residential complex.

Compliance

County health departments will investigate complaints about violations of the Smoke-Free Arizona Act. Please keep in mind that Smoke-Free
Arizona Program officials can only enforce the
provisions defined in the Act. Smoke-Free Arizona Program officials do not enforce local ordinances or in-house smoking policies that are more
strict than the Smoke-Free Arizona Act.

For more information:
Call us at 1-877-297-8677
To Report a Violation:
Call us at 1-877-429-6676
Visit our website at: smokefreearizona.org