Secondhand Smoke

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Despite stricter smoke-free laws, 58 million people in the U.S. remain exposed to secondhand smoke, a deadly health hazard, at home, in the workplace and in public places. Not only does secondhand smoke increase the risk of suffering from asthma and heart attacks, but it is also known to cause cancer.

(American's Nonsmoker's Rights Foundation, 2019)

Report a Violation

The Tobacco Prevention Project handles violations from people living in Unincorporated Contra Costa. If you live outside this area, we will share resources and provide contact information for an overseer in your jurisdiction.

Contact us to report a smoking violation, ask a question or find cessation information.

Report a Violation

Unincorporated Contra Costa Smoke-Free Multi-Unit Housing Law

Protecting families, workers and the community from the harmful effects of secondhand smoke remains a high priority for the Tobacco Prevention Project and Tobacco Prevention Coalition.

Effective July 1, 2019, the Contra Costa County Secondhand Smoke Protections Ordinance prohibits smoking in multi-unit residence dwellings including apartments, condominiums, townhomes and any multi-unit housing residence with two or more dwelling units.

Smoking includes the use of tobacco products, electronic smoking devices (electronic cigarettes, vape pens, Juuls), hookah pipes and marijuana. Please read our helpful smokefree information.

We are not authorized to enforce secondhand smoke policies in incorporated areas of Contra Costa County. Please refer to the table below to find your community's authorized reporting entity. If needed, a member of our team will be in contact soon with resources and information for the enforcement agency in your area.

Where is smoking prohibited?

  • All units of new and existing multi-unit housing residences
  • On public trails and in public parks
  • Outdoor dining areas at bars, restaurants and lounges
  • On the campus of all County-owned or leased properties
  • All balconies, patios, swimming pools, decks and carports
  • Common indoor and outdoor areas such as hallways and laundry rooms
  • In public event venues such as stadiums, fairs, pavilions and farmers markets
  • Within 20 feet of doors, operable windows, air ducts and ventilation systems (except while walking from one destination to another)
  • In any indoor workplace or indoor area open to the public, including tobacco shops, owner or volunteer-operated businesses and hotel lobbies
  • In service areas used to receive or wait for a service, enter a public place or make a transaction. This includes ATMs, bank teller windows, ticket lines, bus stops and taxi stands
Jurisdiction Key Enactment Dates Minimum # of Units % of Units Smokefree Includes Condos No Smoking Common Spaces Contact information to report a violation Local Ordinance
Antioch NO POLICY
Brentwood NO POLICY
Clayton 5/1/18 2 100% Yes Yes Clayton Code Enforcement Ordinance No. 481
Concord 1/7/20 2 100% Yes Yes Concord Code Enforcement Chapter 8.35
Danville 11/17/15 3 100% Yes Yes Danville Code Enforcement Chapter 7-2.4
El Cerrito 10/7/14 2 100% Yes Yes El Cerrito Code Enforcement Chapter 8.06
Hercules 5/14/19 10 100% Yes Yes Hercules Code Enforcement Chapter 6
Lafayette 11/12/2013* 3 100% new/ 0% existing Yes Yes Lafayette Code Enforcement Chapter 5-3
Martinez 2010 4 0% Yes Yes Martinez Code Enforcement Chapter 8.05
Moraga NO POLICY
Oakley 2/11/2014** 2 100% new/ 0% existing Yes Yes Oakley Code Enforcement Chapter 19 Article 2
Orinda NO POLICY
Pinole 9/17/19 2 100% Yes Yes Pinole Code Enforcement Chapter 9.28
Pittsburg NO POLICY
Pleasant Hill 4/5/2010*** 4 100% new/ 50% existing No Yes Pleasant Hill Code Enforcement Chapter 9.45
Richmond 7/21/09 2 100% Yes Yes Richmond Code Enforcement Chapter 9.57
San Pablo 2/18/20 2 100% No Yes San Pablo Code Enforcement;
(510) 215-3190
Chapter 8.36
San Ramon 7/11/05 2 0% Yes Yes San Ramon Code Enforcement;
(925) 973-2590
Division B6. Chapter IV
Unincorporated 3/13/18 2 100% Yes Yes Unincorporated County Code Enforcement;
888-877-4202
Division 445
Walnut Creek 10/1/13 2 100% Yes Yes Walnut Creek Code Enforcement;
(925) 256-3535; nosmoking@walnut-creek.org
Title 5 Chapter 4

*Lafayette: New and existing units in a multifamily residence that is leased or rented to a new tenant on or after 60 days after the ordinance from which this chapter is derived takes effect
**Oakley: Construction-based, All new multi-unit housing residences that receive a permit after April 2014. ALL common areas are nonsmoking
***Pleasant Hill: effective date 4/5/10 new, 1/1/16 existing 50% SF (5 years after implementation 1/2 of existing development as of 1/16 will be smoke-free)

Where is smoking permitted?

  • In any location within the county unless otherwise prohibited by local, state or federal law
  • Up to 20 percent of guest rooms in any hotel, unless the hotel has designated the entire hotel smoke-free
  • Landlords may designate a common outdoor area of a multi-unit housing residence as a smoking area. For details contact Tobacco Prevention Project at TobaccoPreventionTeam@cchealth.org

Landlord responsibilities

  • All multi-unit residence leases and rental agreements must prohibit smoking in all dwelling units starting July 1, 2018, regardless of whether they are new, renewed, or continued on a month-to-month basis.
  • Existing leases that allow smoking must be amended to prohibit smoking in all dwelling units on the next renewal date, no later than July 1, 2019. The California Apartment Association's form 34.0 can be used to make this amendment.
  • Disclose a smoking complaint policy to each tenant in writing and provide a copy of the policy with every new lease or rental agreement for the occupancy of a unit in a multi-unit housing residence.
  • Post "No Smoking" signs with letters at least one inch high, or the international "No Smoking" symbol (a burning cigarette in a red circle with a red bar across it), in a conspicuous location in every building or other place where smoking is prohibited by law.
  • Not allow ashtrays or other receptacles for disposing of smoking material where smoking is prohibited.
  • Not knowingly allow smoking in smoking-prohibited areas.

For more information about responsibilities as a landlord outside of Unincorporated Contra Costa, please review our Landlords, Property Managers and Developers resources:

Compliance for Unincorporated Contra Costa Smoke-Free Multi-Unit Housing Law

Owners, operators or managers are required by law to comply with the provisions below. They must also contact Contra Costa County staff to confirm compliance.

Please complete the required Contra Costa County Smoke-free Multi-unit Housing Compliance Verification Form.

In every building or place where smoking is prohibited by law, the owner, operator or manager must:

  • Post "No Smoking" signs with letters at least one inch high, or the international "No Smoking" symbol (a burning cigarette in a red circle with a red bar across it), in a conspicuous location in every building or other place where smoking is prohibited by law.
  • Not allow ashtrays or other receptacles for disposing of smoking material where smoking is prohibited.
  • Not knowingly allow smoking in smoking-prohibited areas.
  • Request that a person stop smoking in prohibited areas. If the person fails to stop, ask them to leave the premises.

Signage

Posting smoke-free signs is required by the law.

Research shows that 80% of all smokers would like to quit and that smoke-free public places provide a more supportive environment. Information about programs to quit smoking is available by visiting Kick It California or calling 800-300-8086.

Please review the Contra Costa County Secondhand Smoke Protection Ordinance Signs for business owners, landlords and the public to download:

Sign Printing Tip: For indoor use, you can print this sign on card stock and then laminate it or frame it. For outdoor use, ask a professional printer to download and print on weather-resistant aluminum.