San Fernando, Cal., Code of Ordinances ch. 24 § 24-2
Definitions
Operative Text
For the purposes of this chapter the following definitions shall govern unless the context clearly requires otherwise: Common area means every enclosed area and unenclosed area of a multi-unit housing that residents of more than one unit are entitled to access, enter or use, including, but not limited to, lobbies, hallways, pathways, lobbies, courtyards, elevators, stairwells, laundry rooms, community rooms, restrooms or offices, entryways, playgrounds, gym facilities, swimming pool areas, parking garages/structures, parking lots, grassy or landscaped areas, walking paths, cooking areas, sitting areas and eating areas. Common interest development means: (1) A community apartment project as defined in California Civil Code § 4105, or any successor legislation; (2) A condominium project as defined in California Civil Code § 4125, or any successor legislation; (3) A planned development as defined in California Civil Code § 4175, or any successor legislation; and (4) A stock cooperative as defined in California Civil Code § 4190, or any successor legislation. Designated smoking area shall mean an area where smoking is permitted, as designated by a landlord, HOA or other person with legal control of the premises, and has been established in accordance with the provisions of this chapter. Detached unit means a unit in a multi-unit housing that is completely detached from other structures and contains no shared common wall, floor or ceiling with an adjacent unit. Electronic smoking device means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Enclosed area means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. Homeowners' association or HOA means an organization or entity established for the purpose of managing or maintaining a common interest development. A homeowners' association shall also mean "association" as defined in California Civil Code § 4080, or any successor legislation. Landlord means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit residence that is leased to a residential tenant. For purposes of this chapter, a tenant who sublets their unit (e.g., a sublessor) is not a landlord. Multi-unit housing means a residential property containing two or more units, including, but not limited to, apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities. For purposes of this chapter the definition of multi-unit housing does not include the following: (1) A hotel or motel that meets the requirements of California Civil Code § 1940(b)(2); (2) A mobile home park; (3) A single-family home, except if used as a health care facility subject to licensing requirements; and (4) A single-family home with an attached or detached accessory dwelling unit, junior accessory dwelling unit or second primary dwelling unit (Senate Bill 9 urban dwelling unit) permitted pursuant to California Government Code §§ 65852.1, 65852.2, 65852.21 or 65852.22 or an ordinance of the city adopted pursuant to those sections, except where one or more of the units is used as a health care facility subject to licensing requirements. New lease means any lease or rental agreement that allows a person to occupy a unit that is entered into on or after July 7, 2022. Nonsmoking area means enclosed or unenclosed area of a multi-unit housing in which smoking is prohibited by: (1) This chapter or other law; (2) Binding agreement relating to the ownership, occupancy, or use of real property; or (3) A person with legal control over the area. Person means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, including government agencies. Smoking means: (1) Inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic; (2) Carrying any lighted, heated, or activated tobacco, nicotine, marijuana, or plant product, whether natural or synthetic, intended for inhalation; or (3) Using an "electronic smoking device." Smoking does not include the use of traditional, sacred tobacco as part of a lawfully recognized religious, spiritual, or cultural ceremony or practice. Unenclosed area means any area that is not an enclosed area. Unit means a personal dwelling space, even one lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use area, such as a private balcony, porch, deck, or patio. "Unit" includes, without limitation, an apartment; a condominium; a townhouse; a room in a senior facility; a room in a long-term health care facility, assisted living facility, community care facility, or hospital; a room in a hotel or motel; a dormitory room; a room in a single-room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an accessory dwelling unit, junior accessory dwelling unit or second unit. Unit includes a new unit and an existing unit. (1) New unit means a unit that is issued a certificate of occupancy after July 7, 2022, or any unit that is leased or rented for residential use for the first time after July 7, 2022. (2) Existing unit means a unit in existence on or before July 7, 2022.
San Fernando Code of Ordinances ch. 24 § 24-2 establishes the foundational vocabulary that governs the city's multi-unit housing smoking regulations. Key terms such as "smoking," "common area," "enclosed area," "unit," and "landlord" are given specific meanings that may differ from everyday usage—for example, "smoking" expressly includes the use of electronic smoking devices but excludes traditional tobacco used in recognized religious or cultural ceremonies. The definitions also draw important distinctions between new and existing units (based on a July 7, 2022 threshold) and specify which property types, such as mobile home parks and most single-family homes, fall outside the chapter's scope.
Plain English — not legal advice.
Property owners and managers subject to San Fernando Code of Ordinances ch. 24 § 24-2 should familiarize themselves with how the ordinance defines the spaces and roles it covers, since terms like "common area," "enclosed area," and "designated smoking area" carry precise legal meanings that shape compliance obligations throughout the chapter. Operators of apartment buildings, senior facilities, long-term care facilities, and common interest developments are generally within scope, while hotels meeting California Civil Code § 1940(b)(2) standards and most mobile home parks are not. Understanding whether a unit qualifies as a "new unit" (certificate of occupancy or first residential lease after July 7, 2022) versus an "existing unit" is also relevant, as that distinction may affect how other provisions of the chapter apply to a given property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For residents of multi-unit housing in San Fernando, ch. 24 § 24-2 provides the definitional framework that determines whether the broader smoking ordinance applies to their building and their specific space. The broad definition of "unit" covers not only traditional apartments but also rooms in senior facilities, assisted living facilities, dormitories, and similar settings, while "common area" encompasses a wide range of shared spaces such as hallways, laundry rooms, and parking structures. Tenants who believe a smoking-related right or protection under ch. 24 may apply to their situation can consult the city's relevant enforcement office or a local tenant-rights organization to better understand how these definitions interact with the rest of the ordinance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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