Proposition 65 Sign Posting Instructions
There are two new Proposition 65 regulations that affect residential rental properties. The first regulation, which applies to all businesses with 10 or more employees, was finalized in 2016, but went into effect August 30, 2018. It requires specific warning signs to be posted in (1) designated smoking areas and (2) enclosed parking facilities. These signs are available from CAA and directions for posting appear below. The new signs should replace any existing Proposition 65 warnings in designated smoking areas or enclosed parking garages.
The second regulation was developed at CAA’s request so that landlords would not have to post a variety of signs in areas other than designated smoking areas and enclosed parking facilities. This second regulation (the “Apartment Regulation”) takes effect July 1, 2019. The Apartment Regulation applies to any residential rental property that is owned or managed by an entity with 10 or more employees.
The Apartment Regulation allows owners/managers to provide the Proposition 65 warning, for sources of exposure other than enclosed parking garages and smoking areas, through a lease addendum and/or annual notice. This means that the signs currently posted throughout many properties can be taken down once the new addendum and/or annual notice is provided. CAA has prepared a Proposition 65 Warning Addendum and an Annual Proposition 65 Warning Notice.
CAA recommends that a warning be provided to all tenants and known occupants by July 1, 2019. For more information, including links to the new forms and detailed instruction sheets, see CAA’s Industry Insight “Proposition 65 ‘Safe Harbor’ Warning Regulation Update.” CAA recommends that existing warning signs in areas other than enclosed parking garages and designated smoking areas remain in place until the new addendum or notice has been provided to all tenants and known adult occupants.
Remember: Proposition 65 applies only to businesses with 10 or more employees.
Warning Signs for Designated Smoking Areas
- Definition of “designated smoking area?” The regulation does not define this term. CAA recommends that any area of the property where smoking is allowed be considered a “designated smoking area.” Note that CAA’s standard rental/lease agreement prohibits smoking throughout the premises, including interior and exterior common areas and individual units. CAA Form 34.0 Smoking Policy Addendum can be used to designate areas where smoking is allowed. The areas designated on that form should be provided with Proposition 65 signage.
- Locations for Posting the Sign: The regulation requires the sign to be posted at the entrance to, and within the area in which the exposure occurs. This means that each area will likely have at least two signs. The sign must be posted so that it is clearly visible under all lighting conditions normally encountered during business hours. In the case of residential rental property, this would mean during all hours that the designated smoking area is available for use.
Warning Signs for Enclosed Parking Facilities
- Definition of “enclosed parking facility?” The Final Statement of Reasons (which is the agencies non-binding explanation of the regulation), states that “Enclosed” has “its ordinary meaning and is intended to differentiate parking facilities that are open parking lots or open structures from those that are underground or have walls that enclose them to such a degree that engine exhaust can accumulate sufficiently to cause an exposure.” In case of uncertainty, CAA recommends that a sign be posted or that an experienced Proposition 65 attorney be consulted.
- Locations for Posting the Sign: The sign must be posted at each public (vehicle or pedestrian) entrance to the enclosed parking facility and placed so that it is readable and conspicuous to individuals before they enter the facility. The sign must be posted so that it is clearly visible under all lighting conditions normally encountered during business hours.
- Sign Translation: The signs must be at least 20 by 20 inches and in no smaller than 72-point type. The warning must be provided in English and in any other languages in which other entrance signage is provided at the facility. Signs in English can be ordered from CAA at this time.