(A) All units of a rental complex that are not new units are hereby designated nonsmoking units as of December 2, 2014; provided, that all the units of a rental complex need not be designated nonsmoking units if the applicable landlord fully complies with division (C) below.
(B) Unless a landlord fully complies with division (C) below, at least 60 days before December 2, 2014, the landlord shall provide each tenant with:
(1) A written notice clearly stating all units, including the tenant's unit, are designated nonsmoking units and smoking in a unit will be illegal as of December 2, 2014; and
(2) A copy of this chapter.
(C) A landlord may choose to designate fewer than 100% of existing units, which are not new units, of a rental complex as nonsmoking units by complying fully with the requirements stated in division (C)(1) through (7) below. However, division (A) above shall apply whenever a landlord takes no action or only partially complies with the requirements of this division.
(1) The landlord shall permanently designate at least 80% of units as nonsmoking units.
(2) To the maximum extent practicable, nonsmoking units must be grouped together, both horizontally and vertically, and physically separated from units where smoking may be allowed. Where possible, all units where smoking may be allowed shall be in a single building of a multi-building, multi-unit residence.
(3) No later than December 2, 2012, a landlord who chooses to designate fewer than 100% of the units of a multi-unit residence as nonsmoking units shall submit the following in accordance with § 94.5.100:
(a) A description of each designated nonsmoking unit sufficient to readily identify each one; and
(b) A diagram depicting the location of the designated nonsmoking units in relation to all other units.
(4) At least 60 days before submitting the designation of the nonsmoking units required by division (C)(3) above, the landlord shall provide each tenant with:
(a) A written notice of the proposed designations, clearly stating that smoking in a unit designated as a nonsmoking unit will be illegal as of December 2, 2014, and inviting comments on the proposed designations of nonsmoking units within the requisite timeline;
(b) A diagram depicting the location of the designated nonsmoking units in relation to all other units: and
(c) A copy of this chapter.
(5) A landlord may modify the proposed designations based upon comments received from tenants.
(6) At least 30 days before submitting the final designations of nonsmoking units required by division (C)(3) above, the landlord shall provide all tenants written notice of the final designations, clearly stating smoking in a designated nonsmoking unit will be illegal as of December 2, 2014, a copy of the final documents that will be submitted pursuant to § 94.5.090 of this chapter, and a diagram depicting the location of the designated nonsmoking units in relation to all other units shall be posted on the premises. Those final designations may differ from the proposed designations on which tenants were invited to comment.
(7) A unit in a rental complex for which a landlord is required to submit information pursuant to § 94.5.090 of this chapter, but for which such information, for any reason, is not fully and timely submitted, is hereby designated as a nonsmoking unit as of December 2, 2014.
(Ord. 1332, passed 11-2-11)