Call for apartment smoking ban

Smoking in an apartment, unit, villa or townhouse could be outlawed in Western Australia if health advocates get their way, according to a story by Ray Sparvell for WA Today.

Cancer Council WA, the Australian Council on Smoking and Health and the Heart Foundation have united in a submission to the government as it considers reform of the strata titles act.

The health bodies submitted six key recommendations for consideration to Landgate, which is responsible for drafting amendments.

“We believe smoke drift entering any part of a neighboring property may be regarded as a nuisance and a hazard,” said the chief executive of the Heart Foundation Maurice Swanson.

“The recommendation also called for a ban of tobacco smoking on all common property – both inside and outside.”

Swanson said smoking on or in balconies and courtyards could also be banned where smoking causes a nuisance or hazard or otherwise interferes unreasonably with another resident.

“We’re asking that landlords be required to give tenants a copy of the by-laws and details of any smoking policies,” he said.

“We’ve also put forward that the State Administrative Tribunal be called on to monitor and report on the number of disputes it adjudicates each year on smoking in strata titled properties.”

A spokeswoman for Landgate was quoted as saying that it had released the Strata Titles Act Reform Consultation Paper in October 2014 for comment.

“The issue of smoke drift was raised by some stakeholders, but feedback on banning smoking within strata and survey-strata schemes was mixed,” she said.

“Some people wanted to ban smoking within the common property.  Others called for the banning of smoking where the smoke caused a nuisance to other owners. There was no consensus on the issue.”