Wasn't it just the other day that New York City proposed to ban smoking outdoors in parks? Why, yes, it was. The city's health commissioner said kids shouldn't "have to be breathing in smoke from the person next to them" or "have to be watching someone smoke." Don't smoke in your office, at a bar, or on public property. And while you're at it, don't smoke in your apartment. What's that, you say? You have a right to smoke in your apartment?Two years ago, Belmont, Calif., outlawed smoking in apartments and condos with shared floors or ceilings. Then last year, two New York condo owners sued their neighbor for lighting up in her apartment and "causing smoke to enter into the common hallway." Now comes another court fight: According to the Dallas Morning News, a local woman is suing her ex-neighbor and her ex-landlord "for damage she says was caused by cigarette smoke wafting through adjoining walls of her high-end townhome." No smoking if you share a floor. No smoking if you share a ceiling.

No smoking if you share a wall. That pretty much covers it. I don't know all the legal details of the Dallas case, so I'll leave it to the litigants and the court to work out. But look how it's pushing the envelope of indoor smoking restrictions. Start with the plaintiff's grounds. In Belmont and New York, the complaints were largely about nonsmokers' health. That's an issue in Dallas, too, but with a twist. According to the Morning News, the plaintiff has filed a complaint under the Texas Fair Housing Act, alleging that her sensitivity to cigarette smoke qualifies her for protection set aside for people with disabilities. Dr. Barbara Stark Baxter, a clinical associate professor at UT Southwestern Medical Center, wrote that [the plaintiff] "qualifies as disabled under the Texas Fair Housing Act and the Americans with Disabilities Act." … To qualify for protection, the cigarette smoke would have to impair a major life function—such as breathing. If this claim succeeds, the ADA may become a weapon in future indoor smoking suits.

Then there's the lease. "This lease says I have a right to a habitable place, this lease says I have a right to quiet enjoyment, this lease says I have a right to safe living," says the plaintiff. So even if health effects can't be proved, lease clauses implying peace or habitability can be invoked. Meanwhile, totally apart from her health, the plaintiff is asserting property damage. She claims her "furniture will need to be reupholstered, artwork restored and closets full of clothing dry cleaned."gravely air cleaner hose The next question is what measures smokers or building managers are obliged to take to prevent smoke seepage. harley davidson nostalgic air cleaner coverIn the New York case, the smoker had bought two air purifiers, opened her windows, and used rolled-up rugs to seal the space under her doors. air purifier kill mites

In the Dallas case, the Morning News reports, There is a solid, two-hour fire wall from the foundation to the roof between each of the homes. Managers replaced air filters repeatedly, installed sealant-type electrical plates and—at the [plaintiff's] request—used an industrial-grade roofing sealant to caulk pipes under their kitchen cabinet. When that didn't work, managers tried to negotiate a move for both tenants within the community.Maybe the managers should have pushed the move option sooner. And while we're at it, what measures are nonsmokers obliged to take? In the New York case, the smoker lived in the building for 10 years before the nonsmokers moved in next door. If they knew about her smoking, they should have factored it in. If they didn't know, the building management should have told them. In the Dallas case, the nonsmoker seems to have moved in before the smoker. A lawyer for the property managers says the nonsmoker renewed her lease after she reported the problem next door.

Maybe that fact will get the lawsuit thrown out. But it shouldn't absolve property managers of the responsibility to take precautions earlier. Find out whether your incoming tenants or condo buyers smoke, and check with the neighbors who await them. If you don't, you may end up with a mess on your hands. If landlords, property managers, smokers, and nonsmokers don't take such precautions, some courts and legislators are clearly willing to step in. In the Dallas case, the Morning News reports that "a judge issued a temporary restraining order forbidding [the smoker] from lighting up in her home." That's right: a court order not to smoke in your bathroom. Pretty outrageous, I'd say. But so is having your bathroom invaded by smoke from next door. If you don't want the government bringing its long arms and clumsy feet into such disputes, work them out beforehand. Aeramax DX5 Air Purifier filters out pollen, rag weed, other alergens, viruses, germs, dust mites and cigarette smokeTrue HEPA Filter that captures 99.97% of airborne particles as small as .3 micronsColoured AeraSmart Sensor effectively communicates the current air quality in the roomSmall/medium room purifier, designed for rooms up to 105 sq. ft.

Aera+ Mode increases the air flow for peak allergy and cold/flu seasonsBuilt in Antimicrobial Treatment on the HEPA Filter eliminates the growth of odour causing bacteria, mildew or fungiComes complete with all required filtersEnergy star certified; AHAM certifiedThis model is Certified by the Asthma Society of CanadaPower cord length: 6' (1.83 m)Product Dimensions: 9.1 D x 10.6 W x 29.3" H (23 x 27 x 74 cm)Replacement Filters: HEPA Filter (SKU: 043-6194) and Carbon Filters (SKU: 043-6195)Citizens for Environmental Health Website. Why is wood smoke, a serious and deadly toxic carcinogenic neighbourhood pollutant, allowed?  Because people don’t know. Some Woodsmoke Awareness Posters to print and display Wood Burning – Real Stories about how wood smoke has affected people's lives and health from the Utah Physicians for a Healthy Environment (UPHE) Wood Stove Smoke Is Killing Us.  Winter cold has set in, and smoke curls skyward from my neighbor's chimney. Once, I would have found that charming.

Now I know that his smoke is making me sick. For starters, wood smoke causes heart disease, irregular heartbeat, lung cancer, and emphysema. I'm not alone in waking up to these hazards: Cities from Paris to Montreal to Tacoma are responding with restrictions aimed at wood-burning ...   Each fall, the return of my childhood asthma coincides with the first smoke from my neighbor's chimney. I thought that shutting my windows might shield me. But studies show that more than half of the smallest particles in smoke find their way inside, despite sealed windows. "We have neither ice nor snow nor temperatures below freezing point at any time of year. I have lived here for more than sixty years, always enjoying good health.............until neighboursI have never smoked in my life yet have been diagnosed with a health issue which is smoke related (sub 123)."Our family unit was at this time healthy, happy and fully involved in life and community. into the Shire we discovered our life and health was about to be burdened with

up to 9 months a year with dreadful acrid smoky air from the wood heaters and open air burning from homes in our suburb.Upon moving to the smoky environment, our daughter, aged 5, suddenly had breathing problems which she had never experienced before and was diagnosed with asthma (at a time when many children are growing out of asthma!) which has remained with her to the present day (sub39)." I have two children, 5 years and 8 years. children have developed asthma and one of my children (8 years) has had a number of respiratory problems which has resulted in five operations (grommets x 3, adenoids, tonsils). The poor night time breathing of our eldest child has been very concerning at times. It has involved countless doctors and specialist appointments and overnight monitoring of her breathing. She has three burst ear drums from repeat ear infections. The asthma has also restricted their participation in sport (sub 134). "On a daily basis there is considerable visible smoke emitted from their

chimney, which is clearly in breach of state regulations, yet penalties have never been applied because it is too hard to measure compliance and enforcement is historically non-existent" (sub 90)."We have spent tens of thousands of dollars trying to deal with the issues, trying to seal doors and windows better (yet trapping the toxins inside our home when there is seldom a pollution-free timeslot to open any windows!), adding a whole-of-house ventilation system which has turned out to be ineffective while smoke can still seep through the tiniest cracks and crevices which are present even in a modern home.""I asked if (Council’s) environmental officers could explain the health effects of wood smoke to my neighbours. The chief officer explained that this was not their role and that they were not instructed by the Victorian EPA to do this – instead their function was solely about correct operation of wood heaters. The council was not able to help any further, and unfortunately the chief environmental officer took offence at what he considered my criticism of their response, and became defensive and difficult.

I stopped requesting their involvement. I got the impression that they would have marked this down as another ‘case solved’ in their reporting on the issue" (sub 134). "My concern is that wood smoke pollution is a serious health problem that has not been sufficiently addressed to date. It affects me personally by exacerbating my asthma, even when I am indoors in my home which I seal to the best of my ability in an effort to keep wood smoke out"1st family:  "After exhaustive attempts to try to remedy the situation and upon advice from GP’s and specialist medical practitioners I was finally forced to sell my home and move (see description, right had column)."2nd family: "We contacted the Pittwater Council requesting that they take action to require the neighbour to mitigate his wood smoke pollution and raise the height of his chimney. The staff seemed more concerned about the neighbour’s right to have a wood burner than our health. They declined to take any action." "Obviously these guidelines don't work in our instance and neither my Council or neighbour are prepared to go any further to ease this situation" (description, right hand column).

Woodsmoke Experiences:  ACT Discussion Paper: Addressing Wood Heater Pollution “Particle pollution from all sources, and especially from wood smoke, is harmful to our lungs.... Over many years, exposure has similar long-term consequences to environmental tobacco smoke, including the risk of lung cancer and heart disease. “Smoke from wood fires can have a significant health impact particularly in people with pre-existing lung conditions. Pollution adversely affects asthmatics, particularly children, and it also has a significant impact on people with Emphysema and Chronic Bronchitis (COPD). "This effect on COPD was very well shown in Launceston and reducing the number of wood fires there has been of significant benefit. It would be good if we could do the same in the ACT. “Wood smoke contains particulate matter and gaseous pollutants such as carbon monoxide and oxides of nitrogen which adversely affect respiratory health. " Wood smoke exposure can cause acute exacerbations in people with asthma and Chronic Obstructive Pulmonary Disease.  

Further, wood smoke exposure can initiate cough and chronic bronchitis and also may affect the normal lung development in children. "Minimizing wood smoke exposure for Australian communities will have a positive impact on current & future health of those communities.” “Smoke from wood heaters … is a real and significant health hazard…[we] recommend using alternative methods for climate control.” “Exposure to wood smoke can cause significant breathing problems for people with asthma. We support working with the community to minimise exposure to wood smoke to help people breathe better. Instead of trying to provide assistance to people whose health as been affected by woodsmoke, the AHHA broke the political funding laws by spending$60,776.78 campaigning against the Greens at the ACT election. Otherwise nothing changed We have always had a good diet and our children participated in several sports. The only thing that changed was our moving out of a house that had a wood heater in an area that was in a heavy