Lighting in public will help you fine in some cities, but people are forced to inhale smoke in their own homes, because they live next to a smoker a little legal protection.
Thus, we observed a resident of Burnaby, Bill Liu, who is worried about the impact of passive smoking on his wife and daughter, four-year, when the neighbor’s cigarette smokes blowing in the window of his rented town house. He says that his neighbor smokes on the porch of her – which is separated from a metal grating, Liu – several times a day. The smoke comes through the bedroom window at night, causing them to cough, Liu says, caring for the family, as the weather warms up.
“Sometimes we can not sleep, even at midnight.”
In the 2008 study by the BC Statistics offers Liu is not alone. Thirty-four percent of BC Apartment and condominium residents – about 200,000 – is subjected to unwanted exposure to secondhand smoke, according to a survey conducted for the Heart and Stroke Foundation BC And the Yukon. Most suffer in silence, not wanting to cause a confrontation, says Veda Peters, Tobacco Education Coordinator, BC Lung Association. Peters field complaints second-hand smoke in homes for at least six times a week. Many come from people who have children with asthma or other diseases or were injured. “There are many people who simply can not stand … The logic of the transition to the post for eight hours a day, which should be smoking in the law … you spend 16 hours a day at home, so, and there are no rules that, or you can not be exposed to toxic substances such as tobacco smoke, “she says. “People just do not understand what they want to do something.”
Liu said that he and his wife for the first time discussed the situation with a neighbor in February. Then he contacted his employer and the layers of this Council, and even had a lawyer write a letter asking a neighbor to smoke in another place at the appointed time, when the windows of the family of Liu would be open. To date, his efforts failed, and he is now working with the corporation layers solutions.
SMOKE FREE BUILDING
If the tenant signed the agreement recognized the property non-smoking room when they move in, there’s not much you can do the landowners, said, Marg Gordon, CEO of BC apartment owners and managers of human association. Tenants may argue, smoking interferes with their neighbor’s right to “quiet enjoyment” under the Residential Rent Act, Gordon says, a position supported by Al Kemp, CEO of rental owners and managers of public BC “If it is serious enough, the landlord is obliged to do something about it,” says Kemp.
BC Housing Rent Board decisions on second-hand smoke went in both directions. The owners were ordered to repair the unit to seal them from exposure to second hand tobacco smoke as well as to reimburse the costs of relocation of tenants who are forced to move after being wrongly told their construction was forbidden to smoke. Complaints from tenants have not been rejected on the grounds that the amount of smoke entering the unit is not unreasonable infringement. The directory on the smoke-free BC Housing Web site managed by BC Healthy Alliance Life, listed buildings, smoking in 56 BC Earlier this week, 21 of which were in the Lower Main-land, Fraser Valley and Whistler. And Kemp and Gordon say they are seeing an increasing number of landlords to move in this direction. Organization of seminars for Kemp developed land lords on how to make the transition. Sometimes it’s as simple as issuing a letter stating that as of a certain date, the building is non-smoking residence, says Kemp. “This means that all future leases the land-lord may insist on smoking, as well as the execution could not smoke, if the tenant moves and says:” Yes, we do not smoke “and then they actually start to smoke,” said Kemp.
It should not interfere with the other, he says. “If they smoke, they agreed not to smoke, they are out.” This does not mean that rules can be changed for existing tenants who smoke. Exceptions should be grandfathered, Kemp says, but how to convey apartment building will eventually become non-smoking. “It’s definitely something that many landlords are going to meet, but it’s also the fact that many of the tenants to protect their rights because they have lived there for 20 years,” Gordon explains. Even in smoke-free buildings, the question of whether, ten ants can smoke in the open air places, such as balconies and fire escapes is a legal gray area, Gordon.
BC Tobacco Control Act defines places such as apartment lobbies, hallways, and laundry areas as public places where smoking is prohibited. The law requires that smokers are at least three meters from the entrance to public roads, apartment buildings, open windows or air intake and put the responsibility of the landlord or the health authorities. The law does not extend to balconies in apartments or condominiums, but the landlords or strata council may adopt rules to ban smoking in these areas. In some cases – the City of Vancouver is one example – the municipal charter, relating to second-hand smoke are more stringent than provincial laws and city department officials may be involved.
Smokers looking for a place to rent in Vancouver face more difficult times, the majority of landlords to rent ads showing what they are looking for non-smokers, smokers Ricky said Ariston. He now lives in the house, but is used to refrain from smoking in the room when he lived in the apartment and searched for designated areas. “I think it’s a matter of respect,” he says. “If you do something that every body has not yet done, do it in your own space.”
The situation becomes even more complicated in condominium complexes. Strata buildings are subject to the Law of Tobacco Control and any applicable municipal regulations, but the layers of councils also have the right to establish and maintain their own anti-smoking regulations, which could, for example, a ban on smoking on balconies and rooftops.
Even where no such rules exist, it is a standard resolution in accordance with the Strata Property Act, which prohibits people from engaging in activities that cause inconvenience or danger to another person, said Tony Gioventu, executive director of the Association of Condominium Home Owners. “Nuisance … may include smoking, noise, and vibration, light, whatever. Provided that they cause discomfort, the layers corporations are able to ensure compliance with the statute,” he says.
The representative of the Council of the layers townhouse complex, Liu would not say that smoking rules they have. The neighbor does not violate the statute Liu or provincial rules for the treatment in Burnaby, says Roy Thorpe-Dorward Fraser Health Authority, which provides and anti-smoking decree Barnaby and provincial law on tobacco control. At the same time, Liu, who immigrated to Canada four months ago in Beijing, said that if second-hand smoke continues to prevent him from opening the windows, the family will be forced to leave their homes.
DISABLED WOMAN position
Moving is not an option for Rose Marie Borutski, whose case is one of the few disputes involving second-hand smoke in homes, which were BC Human Rights Tribunal. Borutski, who is disabled, moved into the subsidized unit in Kiwanis Park Place to the south of Surrey in 2008. The complex, run by a nonprofit community housing Crescent, provides both market and subsidized rental units for people with disabilities.
Borutski requested non-smoking suite in a building or part of a building in BC Housing and gloom, finding that it formerly belonged to a smoker box, and that one smoker lived in the suite below. In subsidized housing clients on a tight budget, Borutski knew that her opportunities were limited. With Borutski loved living near Crescent Beach, although its cupboards and walls smelled of smoke, she decided to stay.
“I remember very well thinking that I should accept it, at least temporarily.” But secondhand smoke in the building soon became unbearable for Borutski and some of its neighbors. The group did some online research patterns of second-hand smoke, and presented a petition signed by 46 people, the management of the building. The petition was rejected, she said.
It was after this dismissal, at the end of 2008, the group decided to file a complaint with the BC Human Rights Tribunal, alleging that Crescent housing discrimination against them on the basis of disability by failing to prevent exposure to secondhand tobacco smoke. Court denied the request of the Housing Society to dismiss a complaint without considering two months ago, and the case is still pending.
Around that time human rights complaint was filed, the building managers decided to take the smoking policy for new tenants. Borutski claims that smokers are more after he moved in the policy was introduced, but Reinard Coles, who volunteered for the president of public housing, denied that it is. “We had some good success in this direction. We still have a few units grandfathered smoking there, people who were there for a long time and are still smoking in their units,” he says, acknowledging that new tenants are not always abide by the rules.
“They fill their application, they will swear on a stack of Bibles that they do not smoke … and only them, you are in life the best you can non-smoking policy in that block,” he says. “We are doing everything we can.” At the same time, health Borutski deteriorated. She was diagnosed with asthma in 2009 and says that she became the object of harassment by smokers at her home. She asked, BC Housing to move elsewhere, but says she was told there is no guarantee it will get smoking residence.
Last year, Borutski left for a few weeks time, the finding of the meeting house jobs. Her health improved, but the situation remains unresolved, and its human rights complaint has not yet been heard. Coles said housing society is responsible for ensuring the city’s anti-smoking decree Surrey, which prohibits smoking within 7.5 meters of doors, windows and air intakes. Society put up signs to that effect and written letters to tenants who violate the statute, he said, adding that in light of these human-rights complaint is not required.
“It is … worth several thousand dollars to defend it all comes from the non-profit society … it makes for difficult conditions, of course.” Human rights Borutski COM-complaint, which includes nine people, is one of several trial solutions of second-hand smoke. The other claims, failure of BC Housing to provide housing for persons with disabilities smoking is discriminatory. The Court has not yet taken a decision on whether sensitivity to passive smoking is a disability.
British Columbia courts, as in the world, first weighed in on this issue for more than 20 years ago. BC The court granted an injunction in 1984 to prevent people from Abbotsford cigar smoking in his apartment, holding that the smoke creates a constant and potentially dangerous nuisance to older people living in the unit above. “While people should expect to put up with some inconvenience, in the modern world, there comes a time when the criminal problems should limit their actions when they are clearly detrimental to others,” Justice Selbie BC Circuit Court wrote in a while. “There are many things that a person can do in your home or castle.”