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Based on these concerns about shared indoor air and drifting smoke outdoors, the proposed ordinance prohibits smoking inside of all units, in patios and balconies exclusively serving any unit, in all common indoor and outdoor areas, and in areas of a complex that are within 25 feet of doors, windows, air vents, or any of the places where smoking is prohibited. For example, a resident or guest may not smoke outside within 25 feet of an apartment complex pool area [as the pool area is a common area where smoking is prohibited]. However, a resident may smoke while walking on a public sidewalk adjacent to an apartment complex even if within 25 feet of an apartment window, as the public sidewalk is not part of the apartment complex. 2. Whether to allow smoking inside some units. There was discussion about whether an apartment complex with multiple residential buildings should be allowed to have one residential building where tenants can smoke inside of their units. There was also consideration of permitting existing tenants whose leases allow smoking to be able to continue with the same lease terms. While the physical separation of a building where smoking is allowed was discussed, the final Housing Commission recommendation, interest of owners and managers, and public health advocates, is that tenants should be subject to the same rules, and concentrating smokers would create increased secondhand smoke concerns. Therefore, the proposed ordinance does not provide for buildings where smoking is allowed, nor exemptions for existing tenants. (See 9. Timing to implement, below, for some additional time for restrictions to go into effect for existing tenants who are smokers.) 3. Minimum number of units to be subject to restrictions. As the Council Priority is focused on multifamily rental housing, and the health concerns stemming from shared indoor air and walls, or smoke drift outdoors, the proposed ordinance would apply to rental housing with two or more units, where at least two units are being rented, and the complex is under single ownership and control.4 This threshold would address health concerns for units in close proximity, and allow for coordinated management by a single owner. 4. Outdoor smoking areas. There was an interest in providing some accommodation for smokers that would not create secondhand smoke exposure. The proposed ordinance allows a property owner to elect to establish an outdoor smoking area at least 25 feet from non-smoking areas, with requirements for signage and waste disposal. The waste disposal element was recommended by apartment managers who have existing smoking areas. As this is a voluntary option for an owner. 5. How to treat marijuana. Many opinions were expressed regarding medical and recreational marijuana. As persons using medical marijuana are supposed to be under doctor recommendation, to accommodate such medical concerns, the proposed ordinance allows persons to use medical marijuana inside of their unit. Such a resident 'In addition to regulations in the proposed new Ch. 9.26 (Attachment 1), there is also a unifying amendment to §9.26.060 (also in Attachment 1) clarifying the difference between private residences and connected rentals of 2 or more units with common ownership and management. Page 4 of 6