Hi everyone, I’m using New PurpleAir sensor to track neighbor smoke intrusions (3-4 x’s a week) for future lawsuit as after three years their continuous BBQ smoke is causing health issues. I spoke to a few legal folks and also a couple reps from Southern California AQMD and they recommended I track all smoke instrusions with PurpleAir sensor. Just wondering if others have had similar cases or issues with their careless neighbors. Any comments appreciated.
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I found this sensor to track something similar. We get smoked out routinely (3-4night/week) for 4-12 hours at a time, for the last three years. No local ordinance applies apparently, it’s ok to smoke out your neighbor!
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Hello, Have you found any consultant where you can send data to?
We had a spike last night from neighbors fire while all other local sensors were low/avg. I think the challenge is proving that the levels you see are actually harmful and a nuisance. You need to be able to prove this to local government for it to go through municipal court. An expert opinion would be best.
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Not to take sides one way or another, but have you thought about how you’re going to prove the source of the poor air quality? Also about how you are going to prove the measurements are free from tampering - e.g, you didn’t introduce a source of smoke yourself in order to make it seem worse?
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Hello, unfortunately we have had vandalism and other harassment by these people… so we have a continuous recording security camera where both the sensor and their fire(s)/smoke (plumes!) are visible. The wide angle camera sees our yard and a little spill over to theirs where they set the fires very near the property line. We plan to have a digital signature to the camera (with timestamp) along with the smoke data to present when it comes to that. These may be quite long 10+ hrs, but for less than an acre of land in suburbia, we have to prove how absolutely ridiculous it is to raise a family under these conditions. We have three Austin airfilters which depending on the unit do 800-1600sq ft with I think 60 air changes per hour (I can’t recall). And now we just dont use our beautiful yard at all anymore. Significant investment on our part- camera, hard drive, install, air sensor, attorney too! Sometimes people just suck. Really hope this does what we need. Good luck.
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A better way to store data will be to use the API. Saving a graph image will not fly in many cases, so it is much better to save the raw data. You can retrieve historical data for your sensor. If you run into any issues or have any questions, feel free to send us an email (contact@purpleair.com)! We can help with API points and such.
If you’re not comfortable using an API, you could try looking into our Data Download Tool (which still uses the API, but has a much easier user interface) or you can download data directly from the map graph.
If you download from the map graph, be aware that you will be limited in range by the averaging period you have the map set to. For example, 2-minute data will give you the past 2 days of history; 1-hour data will give you the past 2 weeks. I recommend that you change the “Data Layer” (learn how in our Map Guide) to “Raw PM2.5 (µg/m3)” before downloading.
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Sounds great! Please don’t hesitate to ask if you have any other questions.
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I just bought a PurpleAir Touch to combat cigarette and cannabis smoke coming up from the apartment unit below me. I live in Toronto, Canada (EST). They’re allowed to smoke but it sure is stinking up my apartment and harming my rescued Golden Retriever and I. I have asthma. Initially my dog and I walked up to my local fire station. The Fire Captain said “Smoke rises so you’re going to get the brunt of that.” So, theoretically, perhaps you could get a Fire Captain to testify or sign an affidavit for you. At least, that’s what I’m thinking. (What’s really impossible to track yet equally tricky is Vaping vapours!) I bought the PA Touch to “prove” that the smoke is indeed tied to my neighbour’s presence and monitor it’s removal I hope. This isn’t a spurious connection. It’s causation. The more data I have the better off I believe I’ll be. Sadly, it’s gonna be a slow process (many months to prove) but I’m now getting nose bleeds and my lungs and heart are bothering me because of all the second hand smoke so I’m digging in. I love our apartment and don’t want to move. I talked with a university prof in British Columbia last night. He said he and his wife had to buy a house because of a condor neighbour’s relentless smoking despite it being illegal in the building! (His wife also has asthma.) It’s very sad that getting smokers to stop is such a tough dragon to slay. We really are up against a very nasty pair: Addiction and cigarette/cannabis smoke (vaping). The authorities refuse to do anything here in Toronto despite all the research showing how toxic this smoke is to the health of All living creatures. He said it’s the number one global health hazard. Hope some of this info helps. I’ll be watching others’ posts to learn as well.
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Hi. I hope you found a way to deal with residential wood smoke pollution.
It’s illegal to smoke out your neighbours regardless of where you live. If the woodsmoke comes from a fire pit, a fireplace or a wood-burning BBQ, it remains unlawful to send or allow smoke, etc., to cross property lines and annoy or disturb neighbours. By-laws may not address the issue. However, there is ample documentation available on the serious health hazards associated with wood smoke and there are legal precedents.
I have researched and addressed the issue since 2010. The first challenge is to identify the source and it needs to be well documented: photos of the smoke, witnesses, etc. Our city fails to address the issue with the reply “Fire pits are legal” and then ignore complaints, not just mine, and can be abetment. However, a few self proclaimed “good neighbours” have moved rather than face the consequences in a court of law. I would not discuss the issue with a neighbour for long.
The Greek Statesman Pericles said, silent men are useless. If you enjoy the smell of burning wood you should read:
[WOOD SMOKE - A SILENT KILLER] (WOOD SMOKE - THE SILENT KILLER). I am attempting to make it concise (shorter) without loosing context.
PurpleAir readings inform my family whether we can breathe outside, it is similar to traffic lights at an intersection. However, if you can smell the smoke you are being harmed. Currently, we keep our windows closed most of the time because of wildfires; it’s an exercise in futility as PM2.5 knows no barrier.
Good luck to all,
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In a situation like this it seems so impossible when government is so uncaring about people’s lung health. But the reality is very few people understand the real importance of air quality and how it’s decimated when people use fire pits and barbecues. In the future, when people get more educated on this topic they will demand a complete ban on this despicable behavior. Until then probably your best option is to either leave as soon as they start, for an excursion, or move. You could always rent out your place to a smoker. They can’t smell most anything! As long as you don’t have carpets and heavy drapes their smoke shouldn’t permeate the house much. Ozone treatments can get rid of the smoke smell as well. Otherwise sell and find someone sane to live beside. It’s so sad when people are so ignorant. Just imagine the lungs of your neighbors. Imagine the sheer naivety on their part in subjecting themselves to such pollution knowing it’s so carcinogenic and not caring. This is why so many people die an early death. They simply don’t care. 3rd option: Wait til they die of lung cancer. No doubt it’s immanent.
Did you ever find your answer? I want to use my Purple Air monitor data in a claim against my neighbors smoke.
Hi
Can you please share legal precedent?
Hi,
These are difficult at best to find from newspapers. However, in Canada, this one tops the list:
Recent Court decisions follow a much-quoted case: Cartwright v Gray, 12 Grant, Ch (UC) 400 (Canada, 1866): "I consider it to be established by numerous decisions that smoke unaccompanied with noise or noxious vapour, that noise alone, that offensive vapours alone, although not injurious to health, may severally constitute a nuisance to the owner of adjoining or neighbouring property; that if they do so, substantial damages may be recovered at law, and that this court, if applied to, will restrain the continuance of the nuisance by injunction in all cases where substantial damages could be recovered at law.”
“A man may not use his own property so as to injure his neighbour. When he sends on the property of his neighbour noxious smells, smokes, etc., then he is not doing an act on his own property only, but he is doing an act on his neighbour‘s property also; because every man, by common law, has a right to the pure air, and to have no noxious smells or smoke sent on his land, unless, by a period of time, a man has, by what is called a prescriptive right, obtained the power of throwing a burden on his neighbour‘s property… Everything must be looked at from a reasonable point of view; therefore, the law does not regard trifling and small inconveniences – injuries which sensibly diminish the comfort, enjoyment or value of the property which is affected.”
The second is: Wood smoke from a neighbour’s stove can be more than just an annoyance. It can be a threat to health and enjoyment of property. In February 2008, the Supreme Court of Ontario found that Brenda and David Deumo of Hamilton, Ontario had suffered harm “severe enough to deprive [them] of the ability to stay outdoors in their yard, or to go to the house and leave the windows open. It even caused them some disturbance when the windows were closed. It was a severe interference with the use and enjoyment of the property.” “The acts of the defendant were reckless, destructive, persistent, pervasive and heedless of their neighbours’ physical integrity (health) and property rights.” Update (Sic), Fall 2008, Environmental Health Association of Nova Scotia.
The justice ordered $270,000 (Canadian dollars calculated for inflation -approximately $376,798) in punitive damages, plus legal costs, court fees, and continued an injunction forbidding their neighbours from using a wood-burning stove in their garage.
The basis rules comes from COMMON LAW.
The Canadian legal system and that of other countries are based on precedents set in court for similar incidents. In common law, nuisance refers to the use of one person’s land in a way that interferes with another’s quiet enjoyment of the land. The law recognizes the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
Such as foul odors, noxious gases, smoke, dust, loud noises (music, barking dogs, etc.), excessive light, or high temperatures that emanate from Land A that annoy the owner of Land B are classic examples of nuisances interfering with the comfort, convenience, or health of an occupant. Legal cases have been won on the premise of nuisance, as well as breach of the covenant of quiet or peaceful enjoyment of property.
Finding a lawyer who will take on the case, unless you reside in the USA, can be difficult and you must have more than the results from air sensors. Pictures/photos of the smoke entering your property is a clencher. At best or worse depending on perspective you can get is an Injunction which forbids a neighbour from burning anything from any sources on their property.
I have not used the Court or Justice System as yet but I did seek clarification from a local lawyer. I am convincing in that burning and sending smoke or odour across property lines unto my property affecting my famillies’ health and causing a disturbance is not recommended; even though those we pay to protect us may be ignorant and frequently clueless.
One of the best website containing current information is Families for Clean Air located in California. Remember you must prove without a doubt where the smoke annoyance or disturbance comes from: such as the perpetrators’ fire pit, wood stove, fireplace, chimenea and/or chimney. Some attempted to cover their act by stating (and lying) they were cooking at the time: it is irrevelant. This does not apply to propane or natural gas operated appliances. Air sensors only support there is pollution in your area; the content may get you medical support but it is not enough in law yet. Check your by-laws to see if they cover the subject and if they do not seek corrective action through your councillor. Seek local organizations that support environmental and pollution issues. Ours used to but the city removed the protective clause to prevent annoying or disturbing neighbours with wood burning appliances which only leaves one alternative to sue if you cannot convince them to put out their fire. Very few if any burn wood in my area. However, wildfires don’t help.
Wishing you the best.
We just got one for this reason. The renter next door grills 4x a week and does an all day smoker every 4 months. We cannot open our windows very often –especially in the evening as he often grills between 6 and up to 9pm. it just hangs in the air everywhere and takes hours to clear. Unfortunately, we are down wind of him and family members have asthma. This and many other things have been happening for 9 years now and we have had it. We are holding the landlord responsible.