Smoke Drift and Vaping Defined

Smoking in strata and the regulation of this activity within a community title scheme has been written about extensively for a number of years. In this article we will summarise the takeaway points from those prior publications and delve into the growing trend of vaping, including the legislative definitions.

We will provide clarity on whether or not vaping and similar ways of creating smoke drift from one’s mouth that affects other residents in a strata property is treated the same as traditional cigarette smoke.

First, let’s recap what has already been said about the legalities and enforcement options of cigarette smoke drift in strata. The Main takeaway points are:

1. Nothing in strata legislation prohibits smoking within the boundaries of an owner’s or residents lot
2. Bodies corporate should check the plans of the scheme to determine if the balcony or courtyard of an apartment forms part of the lot
3. No ruling from an Adjudicator has supported the restriction of smoking within a lot by a body corporate
4. Bodies corporate should however make all efforts to inform owners and residents when their smoking is affecting others
5. Bodies corporate can regulate smoking on the common property with an appropriate by-law.

Some of the most read articles already published with further details on these points can be accessed here:

1. https://smartstrata.com/smoking-as-a-nuisance/
2. https://smartstrata.com/commissioners-corner-smoking-in-strata-qld/
3. https://smartstrata.com/quick-guide-smoking-strata/

Now how does vaping apply to all of this I hear you ask? The legislation that applies to vaping which is classified as an electronic cigarette is the Tobacco and Other Smoking Products Act 1998 (Tobacco Act). Information specific to electronics cigarettes also known as e-cigarettes, e-cigars, vape pens or personal vaporizers has been published by the Queensland Government here:
https://www.health.qld.gov.au/public-health/topics/atod/tobacco-laws/electronic-cigarettes

The main takeaway point relative to strata is that electronic cigarettes of any kind which includes vaporisers cannot be used in existing no-smoking indoor and outdoor places.

All other provisions that apply to cigarettes are the same which includes that electronic cigarettes cannot be:

1. Sold to children under 18 years of age
2. Advertised, promoted or displayed at retail outlets
3. Provided for sale in a vending machine

In summary, electronic cigarettes are smoking products and subject to the same laws in place for tobacco cigarettes.

This article was contributed by Grant Mifsud, Partner – Archers the Strata Professionals.