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Municipal law requires that our building be completely smoke-free inside. It also bans smoking next to the building, but it’s not as stringent as the 25 foot LEED requirement. Do we have to make another policy that bans smoking within 25 feet?

We want to designate a smoking area less than 25 feet from an emergency exit. Is this okay since that door is rarely (if ever) used?

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Retail-CI-v4 EQp2:Environmental Tobacco Smoke Control

Residential building above

I am thinking of upgrading a v2009 project to V4 but I am concerned if I will meet the requirements of this prerrequisite. The project is a retail store with a terrace at ground floor of a residential building. I can prohibit smoking in the exterior space of my terrace. But I cannot prohibit people walking the street to smoke and they may pass by nearest than 25 feet of the entrance. Also above the retail store there are some apartments. Smoking in common areas of the building is prohibited but I cannot prohibit them to smoke in their houses or balconies. Will I meet the requirements of this prerrequisite? Thank you

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Profile picture for user dbertram
Devon Bertram
Sustainability Manager
YR&G
LEEDuser Basic Member
151 thumbs up

Tue, 12/02/2014 - 23:21

Hi Francisco, V4 requirements are a bit more strict for this prerequisite than v2009. Unlike LEED CI 2009 that permits smoking in areas not served by the same HVAC system, provided the space was property sealed to mitigate the migration of smoke, LEED v4 CI prohibits smoking in the entire building. For v4, "the smoking requirements apply to the LEED project space as well as areas occupied or managed by the base building and/or all other tenants." Given this, your project would not comply due to the residential units smoking allowance. If there is opportunity to prohibit smoking in the units and just have a designated smoking room, the project could comply. In regards to passersby, while they cannot be controlled, installing signage and markings to communicate that smoking is prohibited within 25ft of all building entrances can demonstrate the intention to prohibit people from standing and smoking near the building windows, doors and intakes. Note this signage or markings is a requirement for both v2009 and v4. Last, if the 25ft requirement cannot be implemented due to code, v4 requires documentation to prove this. Hope this helps and good luck!

Fri, 12/12/2014 - 23:01

Hi Devon, I've been talking to some lawyers about the requirements of EQp2 and it looks like even if it would be possible to obtain legally binding contracts to prohibit people in the residential units to smoke. Any judge would cancel those agreements because of Spanish Constitution (it basically says you can do inside your home whatever you want if it is not illegal). So I am confused about what does that mean and how should I proceed in case I upgraded to V4: a) That means I should try to obtain the contracts even there is a superior law that considers these contracts abusive and cancel them. b) That means I should consider that this requirement cannot be implemented due to code (Spanish Constitution) c) That means that no building in Spain (and many other European countries) that contains a residential unit can ever pursue LEED V4 certification Thank you!

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