Indoor Air Quality in Rental Dwellings

State Laws Addressing Radon, Mold and Secondhand Smoke

 

Colorado

The Colorado Clean Indoor Air Act (Co. Rev. Stat. §25-14-201 et seq.) restricts smoking of tobacco and marijuana in indoor areas of public buildings, as well as the common areas of public and private buildings, and establishes penalties for violations.

Ban on smoking. The Act prohibits smoking in indoor areas in public buildings, as well as the restrooms, lobbies, hallways, and other common areas in public and private buildings, condominiums, and other multiple-unit residential facilities. Co. Rev. Stat. §25-14-204(p),(v), 25-14-208. The Act defines “indoor area” as any enclosed area or portion thereof, and further states that any “opening of doors or windows, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area.” Co. Rev. Stat. §25-14-203(10). The Act specifies that the prohibition extends to the entryways of all buildings covered by the Act, defining “entryway” as the outside of the front or main doorway leading into a building (unless the area is otherwise exempt from the law), as well as the area of public or private property within a specified radius outside of the doorway. The “specified radius” must be determined by the local authority; otherwise, if the local authority has not acted, the specified radius is 15 feet. Co. Rev. Stat. §25-14-203(7).

Authority to prohibit smoking in other areas. The Act provides that the owner or manager of any place not specifically listed as an “indoor area” in which smoking is prohibited (including a place otherwise exempted under the Act, such as a private residence) may post signs prohibiting smoking (or providing for smoking and nonsmoking areas). Such a posting has the effect of including such place as a location where smoking is prohibited or restricted under the Act. Co. Rev. Stat. § 25-14-206.

Application to marijuana smoke. The Act defines “smoking” as the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or marijuana. Co. Rev. Stat. §25-14-203(16). For purposes of the Act, marijuana is defined as “all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including [marijuana] concentrate.” Colo. Const. art. XVIII, § 16.

Enforcement. Under the Act, it is unlawful to smoke in any area where smoking is prohibited pursuant to the Act; it also is unlawful for a person who owns, manages, operates, or otherwise controls the use of any premises subject to the Act to permit any person to smoke there. A person who violates the Act is guilty of a class 2 petty offense must, upon conviction thereof, pay a fine not to exceed $200 for a first violation within a calendar year, a fine not to exceed $300 for a second violation within a calendar year, and a fine not to exceed $500 for each additional violation within a calendar year. (Each day of a continuing violation is considered a separate violation.)

 

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