SECTION 1. Section 127A of chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:-
The code shall provide that the presence of secondhand smoke or fumes in a condominium building emanating from a unit where a resident or guest is or has been smoking tobacco, marijuana or any other product or substance designed to be combusted or heated and inhaled, shall be a condition deemed to endanger or materially impair the health or safety of persons owning or residing in the surrounding units. If the local board of health finds that such condition exists it: (1) shall issue a fine to the owner of such unit of no less than $10 and no more than $500 a day until the smoke or fumes is no longer detectable, and the surrounding unit owners are satisfied that their air is free of noxious smoke, vapor, and their odors; and (2) may order the unit owner to seal the unit to fully contain the smoke or vapor or to refrain from smoking, if the unit cannot be sealed to the satisfaction of other residents.
SECTION 2. Clause (e) of section 11 of chapter 183A of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Such restrictions shall include a prohibition on smoking tobacco, marijuana or any other product or substance designed to be combusted or heated and inhaled, in any common area or in any unit; provided, however, that smoking shall be allowed in a unit if such unit is sealed, to the satisfaction of the affected residents, so that smoke, fumes or vapors are unable to enter into common areas or other units.
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