Question: Are there any regulations on cigarette smoking in residential neighborhoods? Our new neighbors smoke all night long on their back patio, which is literally 10 feet from our bedroom window, and we are downwind. Their cigarette smoke fills our bedroom and our small house. We've tried asking them to not smoke there, but they are young people renting the house who like to stay up late and seem to have no regard for our proximity. This has completely ruined our quality of life as well as exposed us to secondhand smoke. We must now keep our windows shut all the time. Is there anything we can do legally?

Answer: Yours is a frequent complaint with no easy answer.

In Hawaii, the anti-smoking law does not deal with tobacco smoke going from one home or apartment unit to another.

The state law, which took effect in November 2006, prohibits smoking in enclosed or partially enclosed workplaces or places open to the public. It does not pertain to private residences, either single-family or apartments.

In some states, people have used nuisance laws to effectively stop the smoke intrusion, especially if the complainants have health issues or disabilities, notes Trisha Nakamura, policy and advocacy director for the nonprofit Coalition for a Tobacco-Free Hawaii.

However, to her knowledge, no one in Hawaii has successfully used a nuisance law to stop the unwanted smoke from entering their homes. For those living in a condominium or townhouse unit, Nakamura suggested contacting the homeowners association to get rules changed to prohibit smoking.

“;The coalition also has a Web site that can help people living in apartment buildings or condominiums who encounter issues with secondhand smoke that affects their quality of life and health,”; she said.

Go to www.hawaiismokefreehomes.org.

In your case, because you mentioned your smoking neighbors are renters, Nakamura suggested contacting the property owner to see whether there is a provision in the rental agreement that prohibits smoking.

Beyond the dangers of secondhand smoke, she said there now is concern about “;third-hand smoke.”;

Nakamura provided a link to a New York Times story - www.nytimes.com/2009/01/03/health/research/03smoke.html?_r=2&em - that says the new term refers to “;the invisible yet toxic brew of gases and particles clinging to smokers' hair and clothing, not to mention cushions and carpeting, that lingers long after secondhand smoke has cleared from a room.”;

The Coalition for a Tobacco-Free Hawaii describes itself “;as the only independent organization in the islands whose sole mission is to reduce tobacco use through education, policy and advocacy.”;

For more information, go to www.tobaccofreehawaii.org or call 946-6851.