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HOUSE DOCKET, NO. 2286 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2230
The Commonwealth of Massachusetts
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PRESENTED BY:
Jay D. Livingstone
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting youth from second hand smoke.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/18/2023 1 of 2
HOUSE DOCKET, NO. 2286 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2230
By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 2230) of
Jay D. Livingstone relative to smoking in multi-unit residential buildings. Public Health.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act protecting youth from second hand smoke.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 127A of Chapter 111 of the General Laws, as appearing in the 2018
2Official Edition, is hereby amended by adding the following new paragraph: -
3 Smoking shall be prohibited in multi-unit residential buildings including inside the
4residential units of the building, and inside commercial space in or physically attached to the
5residential building, for which the municipal authorization of residential occupancy for any part
6of the building issues on or after January 1, 2022; and thereafter, smoking shall be prohibited in
7all other multi-unit residential buildings including inside the residential units of the building, and
8inside commercial space in or physically attached to the residential building in the building, by
9January 1, 2023.
10 “Multi-unit Residence” means property containing two (2) or more Units, including, but
11not limited to, apartment buildings, condominium buildings, senior and assisted living facilities,
12and long-term health care facilities, but does not include a single-family home physically 2 of 2
13detached from another residential or commercial structure, except if and when used as a
14healthcare or childcare services subject to municipal or state licensing requirements or wherever
15else smoking is prohibited.
16 “in Multi-unit Residence” shall include decks, patios, porches, open windows and doors,
17exterior stairs, means of egress and ingress, and other like areas immediately outside the Multi-
18unit Residence that are under the control of the building owner and from where smoke drifts into
19any part of the Multi-unit Residence.
20 ''Smoking'' means the lighting or possessing of a lighted of a cigar, cigarette, pipe or other
21tobacco product or non-tobacco product including designed to be combusted and inhaled,
22including marijuana. Smoking shall not mean the heating of marijuana that does not cause
23combustion.
24 SECTION 2. Section 127C of Chapter 111 of the General Laws, as appearing in the 2018
25Official Edition, is hereby amended by striking the words “tenant” wherever it appears, and
26inserting in place thereof “tenant or condominium unit owner.”
27 SECTION 3. The Massachusetts Department of Public Health shall promulgate
28regulations for the implementation and enforcement of this Act. Nothing in this Act shall
29prohibit landlords or condominium associations from prohibiting smoking throughout their
30buildings, including inside units, or on their property before the effective dates of this Act.
31Nothing in this Act shall preempt further restriction by the Commonwealth or any department,
32agency or political subdivision of the Commonwealth.