Maryland Headlines

New Smoking Regulations for Multifamily Properties in MoCo Now in Effect


The Montgomery County Council approved a regulation that will prohibit smoking in certain common areas of multifamily properties and, where they exist, playgrounds connected to those properties. Specifically, the regulation prohibits smoking “in any common area in a multifamily residential dwelling; or within 25 feet of a playground area on privately owned property that has a primary purpose to serve the residents of more than 1 dwelling unit.”

The regulation requires that a property’s owner/manager do two things:

  1. conspicuously post at least one sign in each common area and playground area. The sign does not have to be permanently attached, and must simply include either the words “No Smoking” or the international symbol for no smoking, or both; and
  2. notify each unit in the property in writing that smoking is prohibited in each common area and playground area (if applicable).

Members may wish to err on the side of caution and proceed with creating and posting their own signage, and providing the written notification to each unit. The text of the regulation may be seen here and the Health Department’s website on the regulation may be seen here. The Health Department advises that enforcement of the regulation will be complaint-driven only-- it expects virtually all complaints to be about alleged smoking violators, not about failure to timely post signs or notify units and, should any arise, will be looking for good-faith efforts at compliance.

Member may wish to review the Sample Letter that may be used to inform your tenants and residents  about the new smoking  regulations in Montgomery County.  The Department of Health and Human Services (DHHS) should have info posted online http://www.montgomerycountymd.gov/smoke-free), prior to the  August 12, 2011 effective date of Board of Health Resolution 17-210.  The DHHS staff is also working on a plain downloadable No Smoking sign for your use.

Property owners with compliance questions may call 240-777-3831 during normal business hours.