my husband started smoking (after having quit for some time) one
cigarette in the evenings (maybe around 10 pm - midnight) behind the
apartment, next to the dumpster.  the area behind the apartment is
actually an alley way that people use to drive through to get to the
parking spots in the back.  i do not know if the road is private or
not, but i would think that the alleyway (just barely two cars' width)
is public, but if you were to tell me that it is private property, i
might believe it (the garbage trucks also use the alleyway, since all
the apartments' dumpsters are in the back).

Anyhow, he started smoking one cigarette a night there in the
evenings.  one night, about two weeks after starting to smoke, he saw
a small plastic sign posted near the dumpster where he stands to smoke
(he wont smoke in the apartment).  the sign reads:

"Warning:  This area contains chemical substances including tobacco
smoke known to the State of California to cause cancer, birth defects
or other reproductive harm.  California Code of Regulations Title 22,
Section 12601.  In compliance with Prop. 65"

My question is this: What does this mean that this sign is near the dumpster?

Does this mean that my husband should quit smoking there in the alleyway?

Was this sign put up there because it is private property or was it
just a 'warning' to discourage him from smoking?

I just don't know what this sign means.  Is he in trouble if he
continues to go outside to the alleyway to smoke?  Will he be sued?

(He felt so crappy about it that he started just smoking out in front
of the apartment, where there's a proper street.  I'm hoping he'll
stop altogether, but anyhow...)

Thanks!

Hello banchan-ga,

I don?t think your husband is in any trouble.  I think what you are
seeing is your apartment manager protecting himself or herself from a
potential lawsuit.  Apartment management companies in California have
recently come under fire by consumer groups who accuse them of not
complying with Proposition 65.  Proposition 65 requires businesses to
provide a "clear and reasonable" warning before exposing anyone to
chemicals known to cause cancer, birth defects or other reproductive
harm.  These chemicals include tobacco smoke and car exhaust, both of
which are present in the area that you have described.


State of California
Office of Environmental Health Hazard Assessment (OEHHA)
Proposition 65 Fact Sheet for Tenants
http://www.oehha.ca.gov/prop65/background/P65ten.html
?A growing trend among rental property owners and other businesses is
to provide warnings for chemicals on the list, such as tobacco smoke
or motor vehicle exhaust, which are regularly released into the
environment in or near rental housing. In some cases, however, owners
and managers are providing warnings to avoid potential violations and
lawsuits, even though exposure to chemicals on the Proposition 65 list
has not been verified. You should discuss the warning with the owner
or manager to learn why it was provided so that you and your family
can make informed decisions about exposure to any of these chemicals
and your health.?


Sacramento Business Journal
From the November 14, 2003 print edition
Prop. 65 warnings hit apartment managers
Mike McCarthy
http://www.bizjournals.com/sacramento/stories/2003/11/17/story2.html
?Consumer Defense Group of San Francisco has filed notice on at least
24 Sacramento area apartment management companies, saying it will sue
them for not posting signs to warn renters that they're in danger from
cigarette smoke and car exhaust wafting through the properties.?


San Francisco Apartment Magazine
Proposition 65 Lawsuits against Landlords on the Rise
By Ted Kimball
http://www.sfaa.org/magazine/archives/03/feb/0203.kimball.html
?Our firm has been defending an increasing number of commercial and
residential property owners in Proposition 65 lawsuits. Proposition 65
is the law that requires all businesses that employ more than 10
persons to warn individuals before exposing them to even miniscule
amounts of almost a thousand listed chemicals known to cause cancer
and birth defects.?

----

?What Should Prudent Landlords Do? Warnings can be provided through
letters to tenants. Also, signs can be positioned in conspicuous
locations such as common areas including driveways, lobbies, parking
structures and hallways.?

=======================================================

For more about Proposition 65, see the following links:

State of California
Office of Environmental Health Hazard Assessment (OEHHA)
Proposition 65 in Plain Language!
http://www.oehha.ca.gov/prop65/background/p65plain.html
?What Is Proposition 65?

In 1986, California voters approved an initiative to address their
growing concerns about exposure to toxic chemicals. That initiative
became the Safe Drinking Water and Toxic Enforcement Act of 1986,
better known by its original name of Proposition 65. Proposition 65
requires the State to publish a list of chemicals known to cause
cancer or birth defects or other reproductive harm. This list, which
must be updated at least once a year, has grown to include
approximately 750 chemicals since it was first published in 1987.

Proposition 65 requires businesses to notify Californians about
significant amounts of chemicals in the products they purchase, in
their homes or workplaces, or that are released into the environment.
By providing this information, Proposition 65 enables Californians to
make informed decisions about protecting themselves from exposure to
these chemicals. Proposition 65 also prohibits California businesses
from knowingly discharging significant amounts of listed chemicals
into sources of drinking water.

The Office of Environmental Health Hazard Assessment (OEHHA)
administers the Proposition 65 program. OEHHA, which is part of the
California Environmental Protection Agency (Cal/EPA), also evaluates
all currently available scientific information on substances
considered for placement on the Proposition 65 list.?


Title 22, California Code of Regulations
ARTICLE 6. CLEAR AND REASONABLE WARNINGS
§ 12601. Clear and Reasonable Warnings
http://www.oehha.ca.gov/prop65/law/pdf_zip/RegsArt6.pdf


State Of California
Environmental Protection Agency
Office Of Environmental Health Hazard Assessment
Safe Drinking Water And Toxic Enforcement Act Of 1986
Chemicals Known To The State To Cause Cancer Or Reproductive Toxicity
November 14, 2003
http://www.oehha.ca.gov/prop65/CRNR_notices/list_changes/111403lsta.html

=======================================================

I hope you have found this information helpful.  Please request
clarification prior to rating the answer.

Googlenut


Search Strategy:

I went to State of California website.
http://www.ca.gov/state/portal/myca_homepage.jsp

Scrolled down to the bottom of the page. Clicked on ?Proposition 65 -
Safe Drinking Water and Toxic Enforcement Act?.
http://www.oehha.ca.gov/prop65.html

Clicked on ?General Background? in the menu on the right side of the page.
http://www.oehha.ca.gov/prop65/background/index.html


I searched for the following terms on Google:

california proposition 65 smoke warning sign apartment
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&safe=off&q=california+proposition+65+smoke+warning+sign+apartment

thanks.  we've read this carefully and we feel much better about it.

Thank you for the 5-star rating and the tip!

I'm glad you found the information helpful.

Googlenut