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Davis Community Farmington

Smoke-Free Policy

All buildings/units are Smoke-Free indoors as well as some outdoor areas

Total number of buildings/units: 158 Public Housing, 28 Section 8 Sub-Rehab

Subsidized-Housing: 172 units

Number of smoking residents “Grandfathered” into Smoke-Free housing: 0

Date of Adoption of Smoke-Free Policy: 08/01/09

DAVIS COMMUNITY HOUSING AUTHORITY
SMOKE-FREE HOUSING POLICY

In accordance with Utah Code Annotated 57-22-5(1)(h), which gives Landlords the authority
to create policies regarding smoking and second-hand smoke in the apartment units, on the
premises, or both, Davis Community Housing Authority prohibits smoking in all indoor areas
of the property. This includes, but is not limited to, any dwelling unit, common area, laundry
facility, restroom, storage area, and office. Due to the known health effects of second-hand
smoke, the increased risk of fire and property damage, the increased costs of fire insurance,
and the increased maintenance and cleaning costs, Davis Community Housing Authority has
deemed this Policy to be fiscally responsible and in the best interest of its Tenants, guests,
service persons, contractors, employees, etc.

Tenants will be responsible to educate their guests regarding this Policy and to assure that
all guests comply with it. A Tenant’s failure to assure that his/her household members and/
or guest(s) comply with this Smoke-Free Housing Policy will be considered to be a resident’s
failure to abide by the necessary and reasonable rules made by the Landlord for the benefit and
well being of the housing development and the Tenants, and be cause for eviction.

As Davis Community Housing Authority operates, in part, using funds generated from the
collection of Federal, State, County, and/or Municipal taxes, the properties owned and operated
by the Housing Authority are considered Publicly-Owned. Therefore, Tenants are also expected
to comply with the Davis County Board of Health Regulation on Smoking in Outdoor Public
Places, which prohibits smoking in any Outdoor Public Place.

The following definitions will apply to, and be used in the enforcement of, this Smoke-Free
Housing Policy:

Smoking: The term “smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar,
cigarette, or other tobacco product or similar lighted product in any manner or in any form.

Second-Hand Smoke (SHS): The mixture of smoke given off by the burning end of a cigarette,
pipe, or cigar and the smoke emitted at the mouthpiece and exhaled from the lungs of a smoker.

Outdoor Common Area: Any outdoor common area accessible to and useable by the Tenants,
guests, service providers, contractors, and employees of the property or the Davis Community
Housing Authority, including but not limited to outdoor eating areas, play areas, common
sidewalks, etc.

Playground: Any park or recreational area designed in part to be used by residents and/or
guests, that has play or sports equipment installed or has been designed or landscaped for play,
swimming or sports activities, or any similar facility located on the property.

Publicly-Owned: Any outdoor place or portion of a place owned, leased, or rented by any state,

Association for Nonsmokers - MN 2011

county, or city government, or by any agency supported by appropriation of, or by contracts or
grants from, funds derived from the collection of Federal, State, County or City taxes.

Designated Smoking Area: An outdoor area on the property designated by Davis Community
Housing Authority and approved by the Davis County Health Department to be the “Designated
Smoking Area”. The location will be clearly marked as such.

Smoke-Free Outdoor Public Place: Smoke-Free Outdoor Public Places at each Davis
Community Housing Authority property will be posted with a sign designating the area as such.

By signature below, Tenant agrees to the following:

1. Tenant will not smoke in any indoor area of the property, including the apartment unit
assigned to the Tenant, at any time.

2. Tenant will assure that all household members and guests abide by the Smoke-Free
Housing Policy.

3. Tenant will observe and comply with all signage located on the premises with regard to “No
Smoking Areas” and “Designated Smoking Areas”.

4. Tenant will not smoke in any outdoor common area, playground, or play area in
accordance with the Davis County Board of Health Regulation on Smoking in Outdoor
Public Places.

Tenant will not smoke near any stairwell, entry, door, window, and air intake or ventilation
system in accordance with the Utah Clean Air Act.

Tenant agrees not to litter the complex grounds with smoking materials and to promptly
extinguish and properly dispose of all smoking materials in an appropriate receptacle.

Tenant agrees that Davis Community Housing Authority need only issue one warning,
either verbal or written, before eviction action is commenced for a violation of the Smoke-
Free Housing Policy.

Tenant will not hold Davis Community Housing Authority responsible for failing to act on
violations of this Policy that are/were unknown to the Management staff, and will promote
the Smoke-Free Housing Policy by reporting known violations. Tenant understands that
Davis Community Housing Authority must have proof of a violation before adverse action
against a Tenant is taken.

Tenant acknowledges that this Policy is not a guarantee of a Smoke-Free Environment;
however, Davis Community Housing Authority will endeavor to enforce the Policy to the
fullest extent practicable.

10. Tenant acknowledges that Davis Community Housing Authority’s adoption of this Smoke-
Free Housing Policy, and its efforts to enforce it, does not in any way change the standard
of care the Housing Authority would have to any household, and does not claim that the
premises are any safer, more habitable, or have any higher air quality than any other

Association for Nonsmokers - MN 2011

11. Tenant will hold Davis Community Housing Authority, including its employees and
governing Board of Commissioners, harmless from any nuisance action resulting from
tobacco smoke drifting into their unit from another unit or from an outdoor area of the
property due to another Tenant’s violation of this Policy.

The Smoke-Free Housing Policy will be effective immediately for all new Tenants,
subsequent to final Board of Commissioner approval. The Policy will be effective August
1, 2009 for all existing Tenants.

All Household members, age 18 or older, must sign and date this Policy. Failure to accept
and abide by this Smoke-Free Housing Policy will be cause for Termination of the Lease and
Eviction from the leased premises.

Spouse or Other HH Member, 18 or Older

Household Member, 18 or Older

Davis Community Housing Authority

Smoke-Free Housing Policy
Davis Community Housing Authority Board Approved
May 2009