Click here – 400 East Randolph – to check PM 2.5 Air Quality Index in the New Eastside!

400 East Randolph Street –
Their Smoke, Your Health!

"There is no safe level of secondhand smoke exposure!"

– Lisa Hepp, epidemiologist, Johns Hopkins Bloomberg School of Public Health

 

Forward thinking communities – from counties to countries!! – protect citizens from toxic secondhand smoke! And while smokers' rights should be respected, when there are no reserve funds to repair obsolete HVAC, a building-wide ban may be the only affordable compromise. The Chicago Housing Authority, for example, prohibits smoking altogether in low-income housing!

Health-conscious buyers or renters in Chicago's New Eastside should investigate the (non-)smoking policies – and the financial reasons behind them! – of buildings, condo boards, and management companies.

Why – in an upcoming neighborhood and apart from boosting investor rental percentages toward de facto deconversion – would Habitat Company mandate a pro-smoking position at Outer Drive East??

"Walls Don't Protect You From Secondhand Smoke Exposure.
"Secondhand smoke can travel from other units through doorways, cracks in walls, and
ventillation systems.
"This can lead to up to 65% of air being shared in multi-unit buildings."
–  American Lung Association of Greater Chicago and Chicago Department of Public Health

Here is a PowerPoint animation to show how tobacco and marijuana smoke infiltrates condo units from:

1) common elements (hallways plus plumbing chases and other "hidden" spaces between apartments)
2) neighboring units directly (around electrical outlets, cable TV, heating and cooling plumbing)
3) limited common elements (balconies when windows are open).

Secondhand smoke migration between condo units at 400 East Randolph Street has been documented
in reports by Public Health and Safety, Inc., by Repace Associates, Inc., and most recently by
Dr. Michael G. Koehler
, Professional Analysis and Consulting, Inc.

New (or prospective buyers) should be doubly certain to review Chicago Department of Buildings
permits
in addition to the Section 22.1 Disclosure required of licensed real estate agents in addition to
the condo association declaration, bylaws, board meeting minutes, and management company contracts.
Habitat Company
, for example, repeatedly claims "business judgment" as an excuse for consistently
dismissive and indifferent lip service, calculated runarounds, and persistent and systematic failure to act in good faith.

Insider trading and protection of profitable real estate speculation is the position of some condominium boards.
As David Sugar, 400 Condominium Association attorney explains in the Chicago Tribune, "The typical unit owner
is not going to crusade and spend a lot of money litigating [the smoking] issue. It would be easier and cheaper to
move out of the building." Attorney and condominium specialist Michael Kim offers a more nuanced opinion.

The specifics at pro-smoking 400 East Randolph Street and failure by the Association to conduct either a
competent investigation or a hearing are in contrast to procedures outlined in e-mail by management company Habitat.

But decide for yourself! What do ODE residents themselves say? Watch these PowerPoint excerpts from the
400 Condominium Association
minutes, 2007–2017! (Or, download the slides as printable PDF handouts.)

Questions? Comments? patrick@ward42.org

(Click on images below to enlarge photos or to play videos. Use back button to return.)

1

Outer Drive East

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Chicago’s 400 East Randolph Streetin dramatic contrast to the more recent photo at left and when it stood “off on its own” and before [DuSable] Lake Shore Drive was re-routed around it – was completed in 1963. The building still often is known simply as “Outer Drive East.” Predating the popular concept of condominiums, it included 955 rental apartments, as well as an elegant roof-top restaurant (now a private penthouse), health club, iconic swimming pool with geodesic dome, and other amenities. It was converted to condominiums in 1973, the largest in Illinois. Currently owners occupy 75% of the units and rent out the remaining 25%.

 

Floor 7 (now only two floors above “street level”) includes commercial small office space, and a restaurant. There also are real estate offices and a children’s daycare center on lower floors. This last reflects the broadening resident profile – which is now extended in directions toward both “old” and “young” – and is relevant to the health issues of secondhand smoke.

 

(See Children's Hospital Sunday Housecall video, slide 25 below.)

 

2

Unit 3701

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The balcony of unit 3701 is circled in the photo.

 

At the time of its construction, the building was unusual in capitalizing on air rights and stood above active railroad yards. Floors and supporting piers – “street level” (the topmost of three) and the entrance lobby of the building actually are at floor five – are of steel-reinforced poured concrete. “Firewalls” which partially separate adjacent apartment units are concrete block.

 

3

A view from the balcony

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The Richard and Annette Bloch Cancer Survivors Park is located diagonally opposite 400 East Randolph in the near corner of Grant Park. The building also overlooks Maggie Daley Park, a recently constructed memorial to the late cancer victim and Chicago First Lady.

 

And the 57-story Blue Cross Blue Shield Tower, headquarters of the Health Care Service Corporation, is located only three doors away at 300 East Randolph.

 

In short, and overlooking parks, tennis courts, skating rinks, bike trails, etc., etc., the neighborhood could (should!) represent the epitome of forward-thinking, healthful city living.

4

Apartment design

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A consequence of its original design as rental apartments, "common element" areas extend inward from the hallway (and beyond wall coverings) to provide access to gas and water risers owned by the Condo Association. Shut-off valves and the like are located between adjacent owner units. Similarly, common element ductwork for kitchen vents is arranged back-to-back.

 

And although it is not clear why, example common element areas are outlined on the Emergency Exit Route placards in each elevator lobby.

 

Vertical chases for TV antenna wiring (now used for CATV and Internet) are shared in common element columns located both within and between adjacent apartments. Telephone and alarm wiring is in common element conduit running vertically from floor to floor. (Access to common element telephone lines is behind panels installed inside each apartment kitchen.)

 

Remediation of secondhand smoke migration, then, requires much more than well-intentioned use of aerosol foam or calking guns.

5

As seen on TV!

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There is not much besides air that isolates the medicine cabinet in one apartment from the common area and from there to the rear of the medicine cabinet in the adjacent bathroom!

 

This gives rise to the popular cliché in films and comedy of a person looking at herself in a bathroom mirror only to discover another face entirely staring back! (Recent TV examples include "My Pillow guy," Mike Lindell.)

 

 The serious consequence, however, for parents and health-conscious occupants of any age is that noxious secondhand smoke circulates easily into common areas and from there then into nearby kitchens and bathrooms

6

Hammond passive nicotine monitor

There is no safe level of secondhand smoke exposure!

 

That's settled science. And secondhand smoke is easy to measure!

 

Shown in this video by Johns Hopkins Bloomberg School of Public Health, the Hammond monitor is accurate and simple to use.

 

“Passive” means that no fan or other mechanism is necessary to draw air actively (including any tobacco smoke) into the monitor. It simply adsorbs nicotine present in the surrounding air.

 

Tobacco smoke actually contains hundreds, if not thousands, of particulate and gaseous components. Tobacco “odor,” though not necessarily in itself harmful, is a “proxy” for these compounds.

 

But the Hammond monitor captures and documents the presence of vapor-phase nicotine regardless of any odor or visible smoke.

 

7

Testing

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Two Hammond monitors were positioned on opposite sides of the apartment at mid-height as shown on the diagram. The accordion partition was pulled across (between “bedroom” and “living,” probably separating somewhat side-to-side air circulation and tobacco smoke exposure. (Note that smokers reside in apartments below and on either side.)

 

Kitchen and bathroom exhaust vents were partially open as set by building engineers. In-apartment heating/air conditioning (and circulating fans) were turned off.

 

Monitors were in place from September 27, 2015 to December 6, 2015. Monitor T10556 was in the “living” section and monitor and T10557 in the “bedroom” area. The apartment was not occupied during this period. The monitors were sent on December 9, 2015, to the Hammond Lab, School of Public Health, UC Berkeley. As summarized in a separate report, both monitors tested positive for nicotine (as did a more recent follow-up).   

8

James Repace, Secondhand Smoke Consultant

James L. Repace, author of Enemy No. 1: Waging the War on Secondhand Smoke (2018), as early as 1989, received from C. Everett Koop the Surgeon General's Medallion "for his role as co-belligerent in the fight against tobacco."

 

“Secondhand smoke infiltration from smokers’ apartments into nonsmokers’ apartments in multi-unit housing is an emerging public health problem. This video discusses how smoke driven by inter-unit pressure differences flows from one unit to another, and the health and nuisance consequences for nonsmokers.

 

“It is supported with confirmed nicotine measurements in nonsmokers’ units in ten U.S. States from Massachusetts to California, and relates their health and nuisance problems. It is argued that local laws – like those proliferating in California – are urgently needed to prevent this scourge.”

 

Video (left): Secondhand Smoke in Multi Unit Housing, April 15, 2014

9

“Common Elements”

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Unit 3701 shown with neighboring units (3711 to the left and 3703 to the right).

 

Red arrows simply identify common elements, not hallway airflow. Smokers may reside in adjacent apartments as well as above/below.

 

The 400 Condominium Association Documents define "owner unit," "common," and "limited common" elements. (See especially definitions "1h," "1i," and "1j" on pages 11-12 of the Declaration.) In distinction to the condo apartments themselves, balconies, for example, are "limited common" elements. The hallways, as well as the "hidden" spaces as indicated with the arrows between adjoining kitchens and bathrooms (and as captured in an iPhone photo), are "common" elements.

 

Smoke, then, may infiltrate directly through a common firewall between one unit and into another. More likely, however, smoke travels from one unit and then into the common areas enclosing plumbing risers, electrical conduit, and building-wide HVAC. It then spreads from common areas horizontally and/or vertically into other units on the same or nearby floors.

 

10

Airflow

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Normal apartment airflow – increased by design both when apartment doors were replaced and ventilating equipment was repaired building-wide –is in (from the hallway) through a baffled gap at the bottom of the entrance door and out through vents in the bathroom and kitchen.

 

This design is described as the “Corridor Ventilation Strategy” and "has been replicated since the 1960's in thousands of buildings across North America." It is further explained in videos at http://doorfilter.com/the-science-2/ (though the effectiveness of the "Door Filter" product itself would appear to be limited). Note, too, that there are inherent conflicts between ventilation (free flow of air beneath the door) and fire safety (resistance to flames burning through the door itself).

 

The incoming air – presumably both filtered and from the top of the building (41st floor) rather than from the basement – and distributed to registers in the hallways – is heated or cooled according to the season. (Heating equipment, presumably, is in the basement, and cooling – at least exhaust heat – is at the top of the building, though this should be verified and sketched out.)

 

11

 

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Fan-blown “heating/cooling” units in each apartment simply distribute air within the apartment itself through enclosed, wall-mounted finned radiators circulating centrally supplied heated or chilled water depending on the season. Coarse metal “air filters” appear designed to catch small insects or rodents rather than to capture dust.

 

There are no thermostats. Temperature is regulated simply by manual fan settings – off, high, medium, low.

 

In short, the in-apartment “HVAC” units currently probably have no effect at all (beneficial or other) with regard to secondhand tobacco smoke.

12

HVAC – Heating Ventilation Air Conditioning

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Unit 3701 heating/cooling units (below windows).

 

The major impact of the heating/cooling units with regard to secondhand tobacco smoke probably is leakage because of through-the-wall piping into common element areas and subsequent infiltration into other apartments .

 

There would be the potential, however, to improve filtration or add equipment in the space occupied by the present (aging) equipment.

 

Note – incidentally – balcony doors and window. Much more powerful than the building air circulation system itself can be the wind. On days when wind is blowing from the south and if the balcony door (or window) is opened, there is sufficient air pressure to make it difficult even to open the apartment entry door! In short, normal wind and newly installed balcony doors and screened single-hung windows easily trump any “newly engineered” air-circulation mechanisms.

 

13

 

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This close-up shows the accordion partition (with magnetic catch) which optionally divides the apartment. Note that there actually are two separate individually adjustable heating/cooling units (high, medium, low, off) accessible as shown), though any practical benefit of this arrangement is quite limited.

 

14

 

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Fan-blown “heating/cooling” units – here with cover removed – simply distribute air within the apartment itself through enclosed, wall-mounted finned radiators circulating centrally supplied heated or chilled water depending on the season.

 

Coarse metal “air filters” appear more suited to catching kitchen grease or small insects rather than dust.

 

15

 

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Actual source of heating/cooling is located on the top floors of the building – a small portion of the newly updated equipment is shown here – or (presumably) in the basement.

 

16

 

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The rightmost portion of the heating/cooling enclosure with cover removed – an “after” view of a well-intentioned and capable effort by building personnel to seal through-the-wall piping to/from the "common element" HVAC chase.

 

Unfortunately this had little noticeable or measurable (i.e., as indicated by the monitors) effect.

 

17

 

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For comparison, a “before” view of the through-the-wall piping shown above.

 

Note that this HVAC piping enters and leaves the building's "common element" areas, not the adjoining unit next door.

 

18

 

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. . . And a detail of work in progress.

 

This is a very competent (if ineffective) repair and involved the efforts of several of the building’s tradespeople. It was completed cheerfully, quickly – and since it involves common elements – at no expense to the individual condo owner.

 

But as the smoke monitors indicate, it did not solve the problem, nor probably would a great deal more similarly well-intentioned but piecemeal "solutions."

 

19

Building settling cracks

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After 55 years, settling cracks are prevalent throughout the building, and although structural damage is unlikely, a search-and-patch approach may not be practical or effective in limiting secondhand tobacco (and other) smoke.

 

What lies behind or on the other side of common element firewalls separating apartments? Unfortunately, Habitat Company caters to fix-and-flip real estate speculators, and owners are not allowed to see or review rehabilitation or reconstruction plans of adjoining units.

 

There are an average of 20 or more apartment rehabs in progress (usually lasting 3 months) in the building at any one time – an estimated $5,000,000 annually – and nearly half are completed without (required) Chicago Department of Building permits!

 

20

Illegal washers and dryers

Washers and dryers are an elegant amenity, as advertised in this photo by Urban Real Estate, touting a recent sale of Unit 2008, but they are against condo rules and wreak havoc with plumbing, gas, electric, and ventilation. (An added complication, as shown to the right in the same photo, where walls have been demolished in an attempt to combine adjacent units, is that "common element" structural columns may end up located in the middle of an apartment!)

 

For the sake of quick profit, and a management culture of actively looking the other way, everyone else in the building – including both children and the elderly – pays heavily in terms of water damage, venting, and fire safety.

 

According to "400 Condominium Association Remodeling and Construction Contract and Requirements," however, "No washing machines may be installed in residential units [emphasis added]."

 

It is not without warrant, then, to suspect Habitat Company of hopeless incompetence, dereliction . . . or insider trading and worse.

 

21

Vents

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To return to the description of “normal” apartment airflow (as diagrammed in slides above), here is a photo of the newly “improved” bathroom vent as installed recently throughout the building.

 

The “old” vent had been adjustable with a recessed screw. The replacement is adjustable with a small lever, though once set by the outside HVAC engineers/contractors it is not intended to be changed easily by the apartment owner.

 

(Water damage to the ceiling above the vent is from aging plumbing two floors above – an unfortunate and never-ending theme in a 55-year-old building!)

 

22

 

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A rearview of the newly engineered bathroom vent. The adjustable baffles simply are taped in place.

 

Why designers selected two markedly different and unmatched screws to mount the vent is any apartment owner’s guess.

 

It should be noted that newer buildings in the New Eastside neighborhood feature owner-adjustable vents, some of these motorized.

 

23

 

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Kitchen vent, mounted below the hood in the stove backsplash, includes an aluminum cover over a coarse metal filter.

 

Note, according to Time-Life How Things Work in Your Home . . . (1985), "a kitchen range will generate as much as 200 pounds of grease-laden moisture each year, as well as heat and odors." (It is unlikely that a small condo pied-à-terre would have quite so negative an impact on air quality, though as shown here the vent filter does accumulate significant grease and dust.)

 

24

 

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As in the bathroom, the kitchen vent is not intended to be adjustable by the apartment owner, though behind the cover and filter (and lost in the shadow of the photo) is a hinged adjustment door.

 

Building management has “set” vents to an unspecified “correct” airflow. Since the setting presumably accommodates “worst-case” conditions (e.g., steamy showers or greasy cooking) generally there is too much airflow, making it impossible, for example, to offset excessive dryness (and static electricity) and to maintain comfortable humidity during the winter.

 

As a practical result, many residents simply cover over vents altogether. (Plastic magnetic sheets for this purpose are sold at a nearby hardware store.) If these residents are smokers, then this may have the unfortunate consequence of "pressurizing" their apartment so that smoke is pushed into common areas and then drawn into a nearby non-smoker’s living space.

 

25

Childrens Hospital of Chicago

“Shocking new report on secondhand smoke”

 

“Secondhand Smoke Still Affects 1 in 4 Nonsmokers.”

 

Fox News Sunday Housecall, Feb. 8, 2015.

 

May 15, 2024 – Use browser "refresh" to be sure of most recent revision.