356D-6.5 Prohibition on smoking in and around public housing; designated smoking areas. (a) Smoking shall be prohibited in any public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51, within:

(1) Each individual housing unit;

(2) All common areas;

(3) Community facilities; and

(4) Twenty-five feet from each individual building and each administrative office building of the public housing project, elder or elderly housing, or state low-income housing project, and from any entrance, exit, window, and ventilation intake that serves an enclosed or partially enclosed area.

(b) Notwithstanding subsection (a), the authority may designate one or more permissible smoking areas at least twenty-five feet away from any residential or other building, or any greater distance away as may ensure that the secondhand smoke does not infiltrate any dwelling unit or office.

(c) The authority shall place and maintain "No smoking" signage at all entrances and exits of the property. The authority may display additional "No smoking" signage at residential and community facilities at their entrances and exits, offices, and in or at enclosed, partially enclosed, or open common areas for the purpose of conspicuous notice.

(d) The authority may adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

(e) For purposes of this section:

"Common areas" means roofs, halls, sidewalks, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, storage spaces, and other parts of the project or household normally in common use or other areas designated by the authority.

"Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. [L 2014, c 91, 1; am L 2018, c 127, 1]

 

 

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