WildTree Homeowner's Association

Smoke Free Arizona in May 2007

Apr 29, 2007

The Smoke-Free Arizona Act, A.R.S. ?§36-601.01, takes effect on May 1, 2007. It prohibits smoking in all public places and places of employment within the state of Arizona, as well as smoking within 20 feet of the entrances to such places. ?“Public place?” is defined to include the ?“common areas of apartment buildings, condominiums or other multifamily housing facilities.?” The Arizona Department of Health Services, which administers the new law, confirmed for us that the statute applies to any common area, including common areas of planned communities. As such, smoking will be prohibited in association clubhouses, meeting rooms, fitness centers, and other enclosed common areas. In addition, any location at which an association has employees would be affected by the new law. An exception is provided for outdoor patios as long as smoke is not permitted to enter areas where smoking is prohibited.



Areas that are not enclosed, like an association?’s outdoor swimming pool area, are not governed by the new law. However, smoking is prohibited in any enclosed areas adjoining the swimming pool, such as changing rooms or restrooms.



Within areas governed by the new law, all indoor ashtrays and smoking receptacles must be removed, and any such items located outside the building must be moved at least 20 feet away from doors, windows, and ventilation system intakes. The association also must post ?“no smoking?” signs that meet certain specifications at all entrances in a conspicuous fashion that are visible from the outside of the building. Free signs complying with all specifications can be obtained at www.smokefreearizona.org



With respect to places of employment, all employees must be informed of the prohibition against smoking, and no employer may discharge or retaliate against any employee that reports violations of the new law.



Violators of the new law can be fined up to $500 per violation, and a court may impose a fine of up to $5,000 per violation for willful noncompliance.