Approve Smoke-Free Homes Policy (2016)

RESOLUTION 2016-01

Approve Smoke-Free Homes Policy

WHEREAS, the Colville Indian Housing Authority is the duly constituted Housing Authority for

the Confederated Tribes of the Colville Reservation, established by the Colville Business

Council pursuant to the authority of the Constitution of the Colville Confederated Tribes, and in

particular Article V, Section 1(a); and,

WHEREAS, the authorities and responsibilities of the Colville Indian Housing Authority are set

out in the Colville Tribal Housing Authority Ordinance, adopted by Resolution 1977-59 of the

Business Council; and,

WHEREAS, the purposes for which the Colville Indian Housing Authority was established

include: (1) remedying unsafe and unsanitary housing conditions that are injurious to the public

health, safety, and morals; (2) alleviating the acute shortage of decent, safe and sanitary

dwellings for persons of low income; and (3) providing employment opportunities through the

construction, reconstruction, improvement, extension, alteration or repair and operation of low

income dwellings; and,

WHEREAS, the Colville Indian Housing Authority has been designated as the Tribally

Designated Housing Entity® for the Confederated Tribes of the Colville Reservation, as that term

is defined at Section 4(21) of the Native American Housing Assistance and Self-Determination

Act of 1996, P.L. 104-330 (25 U.S.C. 4101-4212), as amended (NAHASDA); and,

WHEREAS, the Business Council has appointed a Board of Commissioners to manage the

Colville Indian Housing Authority, which Board operates pursuant to a Constitution and ByLaws enacted by the Board on August 10,2004 (as amended); and,

WHEREAS, the Mission Statement of the Colville Indian Housing Authority includes providing

safe, sanitary and decent housing to our families; and

WHEREAS, it has been well-established that tobacco smoking and second-hand tobacco smoke

itself pose significant health risks,

WHEREAS, it has been documented that air-filtration and ventilation systems do not prevent

smoke from moving between areas in a building; and

WHEREAS, in addition to the negative health effects, smoking in housing significantly increases

fire hazard and increases cleaning and maintenance costs; and

WHEREAS, as a result the Board of Commissioners has determined that restricting the smoking

of tobacco products is necessary to the Colville Indian Housing Authority's mission of providing

safe and sanitary housing; and

WHEREAS, the Board of Commissioners has decided it is necessary to amend its policies to

provide for smoke-free housing for our families, which shall include interior living areas, and

enclosed garage spaces; and

Resolution 2016-01

Page 2

WHEREAS, the Smoke-Free housing language to be incorporated into Colville Indian Housing

Authority policies prohibits smoking in the above-mentioned restricted areas, and further

provides that smoking in these restricted areas, by a tenant, homebuyer, or any member of their

household, guest, or other person under their control (including service persons), is a violation of

the Rental Lease or homebuyer agreement and grounds for an additional cleaning deposit and/or

the cost of washing walls, repainting walls and any additional rehabilitation costs associated with

the removal of the effects of the smoke.

NOW THEREFORE BE IT RESOLVED, the Board of Commissioners approves the proposed

Smoke-Free Housing Policy language to read as follows:

The smoking of any and all tobacco products is prohibited in all interiors of premises

owned, leased, managed, or maintained by the Colville Indian Housing Authority,

including all dwelling units, all living areas, and garages.

Smoking is also prohibited within 25 feet of all Colville Indian Housing Authority

Administrative Offices and Community Centers, including entrances, exits, ventilation

intakes, and windows that open.

This restriction on smoking applies to any means or method of smoking tobacco or any

similar product, including but not limited to cigarettes, cigars, pipes, e-cigarettes and

vaping. The term "smoking" means inhaling, exhaling, breathing, or carrying any lighted

cigar, cigarette, or other tobacco product or similar lighted product in any manner or in

any form.

Smoking in any of the above-mentioned restricted areas by a tenant, homebuyer, or any

member of his or her household, guest, or other person under his or her control (including

service persons), is a violation of the Rental Lease or homebuyer agreement and may be

grounds for an additional cleaning deposit of $300 and/or the cost of washing walls,

repainting walls and any additional rehabilitation costs associated with the removal of the

effects of the smoke. .

Colville Indian Housing Authority will take all reasonable steps to enforce this SmokeFree Housing Policy language. However, Colville Indian Housing Authority's adoption

of this Smoke-Free Housing Policy language, and its efforts to designate the abovementioned restricted areas as smoke-free, do not make the Colville Indian Housing

Authority or any of its managing agents the guarantor of any person's health or of the

smoke-free condition of Colville Indian Housing Authority premises and property.

; and

BE IT FURTHER RESOLVED, that this Smoke-Free Housing Policy shall become effective

within 30 days of adoption of this Resolution, including units constructed under the Low Income

Housing Tax Credit funding; and

BE IT FINALLY RESOLVED, the Board of Commissioners directs management to provide

notice of this Smoke Free Housing Policy language to all Colville Indian Housing Authority

tenants and homebuyers, and to revise all policies that need to include this language, including

the Admissions and Occupancy Policy and others that relate to the tenants and homebuyers and

the units under Colville Indian Housing Authority management.

Resolution 2016-01

Page 3

CERTIFICATION

This is to certify that the foregoing was duly enacted, pursuant to Article V of the Colville Tribal

Ordinance, ratified on January 27, 1977, at a Special Telephonic Meeting of the Colville Indian

Housing Authority Board of Commissioners, held on October 22, 2015, a quorum being present,

with a vote of _3

FOR; 0

AGAINST, and _0

ABSTAINED.

BY: IJdiuq D^'jJlJ, ^L

Keith©. Redthunder, Chair

Board of Commissioners

ATTEST:

BY: V\(\\!^Vo^^U'< Cir^

Melanie Green, Secretary/Treasurer

Board of Commissioners