Too many have suffered due to the carelessness of smoking neighbors who do not take into consideration their own health, nor their neighbors.

It has already been put into law that the workspace and public houses be clear of any and all smoking for reasons of health and safety.

Why then should the private tenements/apartment houses be left out and not given the very same protections? 

A private home tainted by noxious fumes is no less hazardous than the publics at all.

However, as you will see, the law does protect those in private facilities and housing. Due to manipulation of the legal language through corruption, laziness and ignorance of the law by those whose job it is to know the the law and to know it well, many people have had to suffer when those same people with the power should have immediately enacted penalties to guilty parties in the defense of, with just and right reasoning, innocent parties affected by the abuse of a neighbor and landlord.

You should not be told to or coerced into moving when the fault is not yours. 

You should not be told "you have a thin/weak case", or "no case at all."

You should not be told "There's nothing we can do because that is private housing"

Many can't afford the expense of a move, nor legal representation.

The burden is not upon you to fix the situation. 

Imagine if these same people, who are in denial of their guilt, had the same situation and had little to no help, and were in the situation of being stuck in a year lease or nowhere else to go. 

What if they had the health problem or some kind of disability, be it physical or mental, that they were daily tortured by such fumes that caused them not to breath properly or at all. What if they had to evacuate their homes in the day and night or relive a terrible situation having to do with fire or death, all brought about by means of this toxic permeation?

They would need representation too

How many fires are the cause of breathing issues, long term sickness and death by cancer, through second-hand smoke, permeating the halls, through doors and walls by careless individuals paying no heed to decent neighbors pleas to refrain from inside smoke?

There needs to be an absolute security for all people who decide to live a smoke-free by having a complete separation from smokers, and penalty for those who continue to interrupt and bring harm to the peace of one's own home by smoking in any multifamily household, be in private or public.

This protection is soundly given to those within public housing, so let's extend what has made sense already to everyone. This is a petition that demands the rights of those in public housing which are upheld and protected, be thereto completely and equally protected for those in private residences.

NOTE: This is not a petition banning smoking completely, such a task is not realistic at the present time.

We may demand that smokers realize they are responsible for themselves and their own choice to poison themselves and themselves alone, and to no others. They may do such damage in completely separate, designated area unattached but near the home where people share the residence.

This is a common sense law that should be clarified and acted upon immediately.

Across the board, people suffer from this.

This is not a political issue, as people from all different stances suffer mutually by disrespectful neighbors and by live-in/absentee landlords who do little to nothing to prevent serious physical and even mental injury by way of smoking within their properties .

It costs landlords nothing to add the necessary part of the lease agreement and ban smoking in the house. 

I call upon you to aid this being made clear for your safety as well as for all.

The law, and household air, must be clean and clear! 

 

105 CMR: DEPARTMENT OF PUBLIC HEALTH

410.010: continued
(C) Nothing contained herein shall be construed to limit or otherwise restrict any person from
seeking judicial relief in a court of competent jurisdiction notwithstanding any hearing,
proceeding or other administrative remedy set forth in 105 CMR 410.000.

A Condition Which May Endanger or materially impair the health or safety and wellbeing of an
occupant means the existence of a condition, listed in 105 CMR 410.750 or any other condition
so certified by the board of health to be a violation, which may expose or subject to harm, the
health or safety, and the well-being of an occupant or the public.

410.602: Maintenance of Areas Free from Garbage and Rubbish

(D) Common Areas. In any dwelling, the owner shall be responsible for maintaining in a clean
and sanitary condition free of garbage, rubbish, other filth or causes of sickness that part of the
dwelling which is used in common by the occupants and which is not occupied or controlled by
one occupant exclusively.
The owner of any dwelling abutting a private passageway or right-of-way owned or used in
common with other dwellings or which the owner or occupants under his control have the right
to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition
free of garbage, rubbish, other filth or causes of sickness that part of the passageway or
right-of-way which abuts his property and which he or the occupants under his control have the right to use, or are in fact using, or which he owns

410.750: Conditions Deemed to Endanger or Impair Health or Safety
The following conditions, when found to exist in residential premises, shall be deemed
conditions which may endanger or impair the health, or safety and well-being of a person or
persons occupying the premises. This listing is composed of those items which are deemed to
always have the potential to endanger or materially impair the health or safety, and well-being
of the occupants or the public. Because, 105 CMR 410.100 through 410.620 state minimum
requirements of fitness for human habitation, any other violation has the potential to fall within
this category in any given specific situation but may not do so in every case and therefore is not
included in this listing. Failure to include shall in no way be construed as a determination that
other violations or conditions may not be found to fall within this category. Nor shall failure to
include affect the duty of the local health official to order repair or correction of such violations
pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include affect the legal
obligation of the person to whom the order is issued to comply with such order.

 

(I) Failure to comply with any provisions of 105 CMR 410.600, 410.601, or 410.602 which
results in any accumulation of garbage, rubbish, filth or other causes of sickness which may
provide a food source or harborage for rodents, insects or other pests or otherwise contribute to
accidents or to the creation or SPREAD OF DISEASE.

 

Mass General Law Chapter 270 section 22

Under "Residence/Smoking"

''Workplace'', an indoor area, structure or facility or a portion thereof, at which 1 or more employees perform a service for compensation for the employer, other enclosed spaces rented to or otherwise used by the public; and where the employer has the right or authority to exercise control over the space.

''Work space or work spaces'', an enclosed area occupied by an employee during the course of his employment.

(b)(1) It shall be the responsibility of the employer to provide a smoke free environment for all employees working in an enclosed workplace.

(2) Smoking shall be prohibited in workplaces, work spaces, common work areas, classrooms, conference and meeting rooms, offices, elevators, hallways, medical facilities, cafeterias, employee lounges, staircases, restrooms, restaurants, cafes, coffee shops, food courts or concessions, supermarkets or retail food outlets, bars, taverns, or in a place where food or drink is sold to the public and consumed on the premise as part of a business required to collect state meals tax on the purchase; or in a train, airplane, theatre, concert hall, exhibition hall, convention center, auditorium, arena, or stadium open to the public; or in a school, college, university, museum, library, health care facility as defined in section 9C of chapter 112, group child care center, school age child care center, family child care center, school age day or overnight camp building, or on premises where activities are licensed under section 38 of chapter 10 or in or upon any public transportation conveyance or in any airport, train station, bus station, transportation passenger terminal, or enclosed outdoor platform.

(3) A person shall not smoke in the state house or in a public building or in a vehicle or vessel, owned, leased, or otherwise operated by the commonwealth or a political subdivision thereof, or in a space occupied by a state agency or department of the commonwealth which is located in another building, including a private office in a building or space mentioned in this sentence, or at an open meeting of a governmental body as defined in section 11A of chapter 30A, section 23A of chapter 39 and section 9F of chapter 34, or in a courtroom or courthouse. This subsection shall not apply to a resident or patient of a state hospital, the Soldiers' Home in Massachusetts located in the city of Chelsea or the Soldiers' Home in Holyoke.

(c) Notwithstanding subsection (b), smoking may be permitted in the following places and circumstances:

(1) Private residences; except during such time when the residence is utilized as part of a business as a group childcare center, school age child care center, school age day or overnight camp, or a facility licensed by the department of early education and care or as a health care related office or facility;

(2)(i) premises occupied by a membership association, if the premises is owned, or under a written lease for a term of not less than 90 consecutive days, by the association during the time of the permitted activity if the premises are not located in a public building; but no smoking shall be permitted in an enclosed indoor space of a membership association during the time the space is:

(A) open to the public; or

(B) occupied by a non-member who is not an invited guest of a member or an employee of the association; or (YOU THE TENANT) 

(C) rented from the association for a fee or other agreement that compensates the association for the use of such space. (YOU THE TENANT)

(ii) "...A person who is a contract employee, temporary employee, or independent contractor shall not be considered an employee of a membership association under this subsection. A person who is a member of an affiliated chapter or branch of a membership association that is fraternal in nature operating under the lodge system, and is visiting the affiliated association, shall be an invited guest for the purposes of this subsection."

''Residence'', the part of a structure used as a dwelling including without limitation: a private home, townhouse, condominium, apartment, mobile home; vacation home, cabin or cottage; a residential unit in a governmental public housing facility; and the residential portions of a school, college or university dormitory or facility. A residential unit provided by an employer to an employee at a place of employment shall be considered to be a residence; if the unit is an enclosed indoor space used exclusively as a residence, and other employees, excluding family members of the employee, or the public has no right of access to the residence. For the purposes of this definition, a hotel, motel, inn, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home or assisted living facility shall not be considered a residence.

Employee'', an individual or person who performs a service for compensation for an employer at the employer's workplace, including a contract employee, temporary employee, and independent contractor who performs a service in the employer's workplace for more than a minimal amount of time.

''Employer'', an individual, person, partnership, association, corporation, trust, organization, school, college, university or other educational institution or other legal entity, whether public, quasi-public, private, or non-profit which uses the services of 1 or more employees at 1 or more workplaces, at any 1 time, including the commonwealth or its agencies, authorities or political subdivisions.

''Enclosed'', a space bounded by walls, with or without windows or fenestrations, continuous from floor to ceiling and enclosed by 1 or more doors, including but not limited to an office, function room or hallway.

''Lodging home'', a dwelling or part thereof which contains 1 or more rooming units in which space is let or sublet for compensation by the owner or operator to 4 or more persons. The residential portion of boarding houses, rooming houses, dormitories, and other similar dwelling places are included in this definition. Hospitals, sanitariums, jails, houses of correction, homeless shelters, and assisted living homes are not included in this definition

Those who may be held accountable/liable for toxic nuisances and disruption of peaceful enjoyment of the home or apartment (public or private) are the following:

Landlord(s)

Business agent'', an individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of the establishment.

''Employee'', an individual or person who performs a service for compensation for an employer at the employer's workplace, including a contract employee, temporary employee, and independent contractor who performs a service in the employer's workplace for more than a minimal amount of time.

''Employer'', an individual, person, partnership, association, corporation, trust, organization, school, college, university or other educational institution or other legal entity, whether public, quasi-public, private, or non-profit which uses the services of 1 or more employees at 1 or more workplaces, at any 1 time, including the commonwealth or its agencies, authorities or political subdivisions.

Board of Health Agents

Minimum Housing Directors

 

At no point are any persons above or in association with the aforementioned titles of individuals to consider their personal habits, which are toxic in nature and destructive to a persons well being in their own dwelling to consider such an act as smoking: ''Compensation'', money, gratuity, PRIVILEGE, or benefit received from an employer in return for work performed or services rendered."

 

I thank you

 

We make the change!