No Smoking Policy

Due to the increased risk of fire, increased maintenance costs and the known health effects of secondhand smoke, effective July 1, 2018, smoking is prohibited in all dwelling units and all common areas. To prevent secondhand smoke from entering open windows or doors, this smoke-free policy also extends to all outdoor areas within 25 feet of BHA dwelling units and administrative buildings. Residents are responsible for ensuring that family members and guests comply with this rule.

Scope: This policy applies to any and all persons entering Bolivar Housing Authority (BHA) properties including BHA residents, and their guests and visitors, BHA contractors, and BHA employees.

Policy

1. Smoking will not be permitted in apartments, community rooms, office buildings, maintenance facilities, or any Housing Authority vehicles.
2. The term "smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar, pipe, cigarette, hookah or any other lighted smoking equipment." Smoking also includes the use of an electronic delivery device, which creates an aerosol or a vapor (vaping), in any manner or in any form.
3. "Electronic Delivery Device (EDD)" means an electronic device activated when one draws on the mouthpiece and which, when activated, emits a solution producing an aerosol or a vapor that may be inhaled or absorbed by the user. EDDs include but are not limited to, E-cigarettes, E-cigars, E-pipes, vape pens, and E-hookahs.
4. Smoking is only permitted in areas outside of the building(s). Smoking shall not be permitted anywhere that is within 25 feet of any exterior doors or windows. Residents are encouraged to refrain from smoking anywhere children are present.
5. The Authority shall inform current residents, applicants, on waiting lists, BHA employees, and BHA contractors and sub-contractors of this policy, all of whom are also responsible for following this policy.
6. All smoking residents and guests are required to dispose of their smoking materials in appropriate collection receptacles. Receptacles will be provided by BHA.
7. BHA management and maintenance employees will be responsible for the enforcement of this policy.
8. Resident understands and accepts that BHA's adoption of a Smoke-Free Policy, and efforts to enforce such policy, do not constitute representation or guarantee by the Housing Authority any direct or consequential benefits to the Resident's health or well-being. BHA shall take reasonable steps to enforce the Smoke-Free Policy. BHA shall address violations of the policy upon BHA's actual knowledge of the violation and the identity of the responsible Resident.
9. BHA cannot and does not warrant or promise that the property will be free from second-hand smoke. BHA's ability to control, monitor, or enforce this Addendum is dependent in significant part on voluntary compliance by Residents and Resident's guests.
10. All Residents will be given two (2) copies of the smoking policy. After review, the resident will sign both copies and return one to the BHA office. The copy will be placed in the resident file.

Resident Responsibility

1. It shall be the Resident's responsibility to inform his/her household members and guest of this Smoke-Free Policy.
2. The Resident shall prohibit smoking by his/her household members or guests while on the premises that would violate this Policy.
3. Failure to comply, or upon repeated violations to this Addendum may be cause for lease enforcement action up to and including termination of the lease agreement.

Resident Violations

1. First Violation: A Resident caught smoking inside the dwelling unit or in a common area or evidence of smoking in the dwelling unit will result in a $100.00 fine.
2. Second Violation: A Resident caught smoking inside the dwelling unit or in a common area or evidence of smoking in the dwelling unit or a common area will result in a $150.00 fine and warning of future eviction for the next offense.
3. Third Violation: Eviction plus a restoration fee equivalent to the cost to effectively restore the unit to a smoke-free condition.

Resident Guest Violations

First Violation: Warning to Resident

Second Violation: $25.00 fine to Resident

Third Violation: $50.00 fine to Resident

Fourth Violation: $100.00 fine to Resident

Restoration of Status: After 12 consecutive months of no infractions (including by Resident and any Resident guests) the level of violation will revert to zero. (i.e., if a Resident has incurred 2 violations and Resident's guest has 3 violations, if there are no further violations for 12 months following the last violation, the next violation will be the first violation).