Private Residences
Private residences are one of the seven exemptions of the Smoke-Free Arizona Act A.R.S. § 36-601.01(“the Act”). Smoking is allowed in private residences, except when used as a licensed child care, adult day care, or health care facility.
The Act does not address smoke entering into a private residence from outside, through a ventilation system, or from a neighboring residence.
Homes Licensed as Health Care Facilities
The Arizona Department of Health Services will regulate tobacco smoke at a private residence when the private residence is used as:
- A licensed health care institution, including an area of the private residence that is used as an adult day care [an adult day health care facility as defined in A.R.S. § 36-401(A)(4)] during the hours for which the area is licensed;
- A licensed child care facility or an area of the private residence that is a certified area of a child care group home; or
- A health care facility.
Smoking is allowed outside and on outdoor patios, such as back porches or balconies, as long as tobacco smoke does not enter into the licensed private residence.
For more information about how the Act affects your licensed facility, please contact us at 1-877-AZ STOPS (1-877-297-8677).
Multi-Family Housing
Individual Units
Smoking inside individual multi-family housing units such as apartments, condominiums, or duplexes is allowed. Each individual unit is exempt from the Act because they are considered private residences; therefore, tenants can smoke on their balconies, patios, or decks even if it is within 20 feet of a neighboring unit. The Act does not address the issue of smoke entering from outside, through a ventilation system, or from a neighboring residence.
Please keep in mind that a proprietor may designate their rental unit as nonsmoking. Multi-family housing residents should follow the smoking policy set by their landlord. However, Smoke-Free Arizona Program officials can only enforce the provisions defined in the Act. "Proprietor" means an owner,operator,manager, or other person in control of a public place or a place of employment
For additional information on smoke-free housing, please visit our Links and Resources section.
Enclosed Common Areas
Smoking is prohibited inside and within 20 feet of entrances, open windows, and ventilation systems of enclosed common areas of multi-family housing such as the main office, laundry room, fitness center, activity center, or clubhouse.
Outdoor Common Areas
Smoking is allowed outdoors as long as smoking occurs at least 20 feet away from entrances, open windows, and ventilation systems of an enclosed area where smoking is prohibited unless defined differently by a local ordinance. Outdoor common areas may include courtyards, sidewalks, walkways, tennis courts, volleyball courts, basketball courts, playgrounds, or swimming pools. Please remember that a proprietor may designate the entire property as non-smoking.
Swimming Pools
Smoking around outdoor swimming pools, such as the ones in apartment complexes or condominiums, is allowed as long as smoke is not entering into enclosed common areas where smoking is prohibited. Enclosed areas near pools may include laundry rooms, activity centers, clubhouses, bathrooms, or changing rooms.
Swimming pools may have their own smoking policy set by the proprietor. Multi-family housing residents should follow the smoking policy set by their residential complex.
* Keep in mind that Smoke-Free Arizona Program officials can only enforce the provisions defined in the Smoke-Free Arizona Act. This means that Smoke-Free Arizona program officials do not enforce local ordinances or in-house smoking policies.
