Proposition 65 Warning Sign Instructions

Proposition 65 Sign Posting Instructions — July 2018

There are two new Proposition 65 regulations that affect residential rental properties, one of which has not yet been finalized.  The first regulation, which applies to all businesses, was finalized in 2016, but goes 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 signs in areas other than designated smoking areas and enclosed parking facilities.  This second regulation specific to rental housing has not, as of July 20, 2018 been finalized.  The final regulation is expected in early August.  While this second regulation is known as the “Apartment Regulation” it applies to any residential rental property that is owned or managed by an entity with 10 or more employees.  The “Apartment Regulation” will allow owners/managers to provide the Proposition 65 warning, for sources of exposure other than enclosed parking garages and smoking areas, through a lease addendum.  This means that the signs currently posted throughout many properties can be taken down once the new addendum is provided.  CAA is preparing forms, which will be made available once the regulation is finalized, to provide the necessary disclosures.  CAA recommends that existing warning signs in areas other than enclosed parking garages and designated smoking areas remain in place until this regulation is final and the new addendum or notice has been provided to all residents.

Remember: Proposition 65 applies only to businesses with 10 or more employees.

Warning Signs for Designated Smoking Areas

  1. 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.
  2. 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.
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Warning Signs for Enclosed Parking Facilities

  1. 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 attorney be consulted.
  2. 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
  3. Sign Translation: The signs must be at least 20 by 20 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.
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