California Apartment Association

After working with the apartment industry, the Burlingame City Council on Tuesday, July 7, voted to prohibit smoking inside multifamily units.

The 4-1 vote came after four months of discussions between the California Apartment Association’s Tri-County Division and the city.

CAA Tri-County’s objective centered on drafting an ordinance that would achieve Burlingame’s goal of protecting multifamily residents from second-hand smoke while also offering the clarity needed to minimize impacts on rental property owners and managers.

After receiving feedback from CAA Tri-County and multiple conversations with city leaders, the adopted ordinance:

• Gives property owners and managers the option of designating an outdoor smoking area.
• Does not hold property owners and managers liable should a resident or his/her guest violate the smoking ordinance
• Does not require a specific “non smoking” addendum to the lease agreement
• Provides the property owner and manager discretion of signage posting and placements;
• Includes a six-month phase-in period.

While the ordinance exempts the use of medical marijuana and electronic cigarettes, their prohibition will be considered at a later date.

On Aug. 17, the council will formally adopt the smoking prohibition, following a second reading of the ordinance, which will take effect after six months.

CAA Tri-County will be publishing a FAQ on the adopted ordinance in the late summer.