§ 1399-O — Smoking and vaping restrictions

§ 1399-o. Smoking and vaping restrictions. 1. Smoking and vaping shall\nnot be permitted and no person shall smoke or vape in the following\nindoor areas:\n a. places of employment;\n b. bars;\n c. food service establishments, except as provided in subdivision six\nof section thirteen hundred ninety-nine-q of this article;\n d. enclosed indoor areas open to the public containing a swimming\npool;\n e. public means of mass transportation, including subways, underground\nsubway stations, and when occupied by passengers, buses, vans, taxicabs\nand limousines;\n f. ticketing, boarding and waiting areas in public transportation\nterminals;\n g. youth centers and facilities for detention as defined in sections\nfive hundred twenty-seven-a and five hundred three of the executive law;\n h. any facility that provides child care services as defined in\nsection four hundred ten-p of the social services law, provided,\nhowever, that rooms in such a facility that is a private home shall be\nregulated by this paragraph as follows:\n (i) when such private home is not required to be licensed or\nregistered for such services by the office of children and family\nservices, rooms in such home are excluded from the prohibition of this\nparagraph during periods when children receiving such services are not\npresent; and\n (ii) when such private home is required to be licensed or registered\nfor such services by the office of children and family services, rooms\nin such home are included within the prohibition of this paragraph,\nregardless of whether or not children receiving such services are\npresent.\n i. child day care centers as defined in section three hundred ninety\nof the social services law and child day care centers licensed by the\ncity of New York;\n j. group homes for children as defined in section three hundred\nseventy-one of the social services law;\n k. public institutions for children as defined in section three\nhundred seventy-one of the social services law;\n l. residential treatment facilities for children and youth as defined\nin section 1.03 of the mental hygiene law;\n m. all public and private colleges, universities and other educational\nand vocational institutions, including dormitories, residence halls, and\nother group residential facilities that are owned or operated by such\ncolleges, universities and other educational and vocational\ninstitutions, except that these restrictions shall not apply in any\noff-campus residential unit occupied by a person who is not enrolled as\nan undergraduate student in such college, university or other\neducational or vocational institution;\n n. general hospitals and residential health care facilities as defined\nin article twenty-eight of this chapter, and other health care\nfacilities licensed by the state in which persons reside; provided,\nhowever, that the provisions of this subdivision shall not prohibit\nsmoking and vaping by patients in separate enclosed rooms of residential\nhealth care facilities, adult care facilities established or certified\nunder title two of article seven of the social services law, community\nmental health residences established under section 41.44 of the mental\nhygiene law, or facilities where day treatment programs are provided,\nwhich are designated as smoking and vaping rooms for patients of such\nfacilities or programs;\n o. commercial establishments used for the purpose of carrying on or\nexercising any trade, profession, vocation or charitable activity;\n p. indoor arenas;\n q. zoos; and\n r. bingo facilities.\n 2. Smoking and vaping shall not be permitted and no person shall smoke\nor vape in the following outdoor areas:\n a. ticketing, boarding or platform areas of railroad stations operated\nby the metropolitan transportation authority or its subsidiaries.\n b. on the grounds of general hospitals and residential health care\nfacilities as defined in article twenty-eight of this chapter, within\nfifteen feet of a building entrance or exit or within fifteen feet of\nthe entrance to or exit from the grounds of any such general hospital or\nresidential health care facility. This subdivision shall not prohibit\nsmoking and vaping by a patient or a visitor or guest of a patient of a\nresidential health care facility in a separate area on the grounds\ndesignated as a smoking and vaping area by the residential health care\nfacility, provided such designated smoking and vaping area is not within\nthirty feet of any building structure (other than a non-residential\nstructure wholly contained within the designated smoking and vaping\narea), including any overhang, canopy, awning, entrance, exit, window,\nintake or exhaust.\n 3. Smoking and vaping shall not be permitted and no person shall smoke\nor vape within one hundred feet of the entrances, exits or outdoor areas\nof any public or private elementary or secondary schools; provided,\nhowever, that the provisions of this subdivision shall not apply to\nsmoking or vaping in a residence, or within the real property boundary\nlines of such residential real property. The provisions of section\nthirteen hundred ninety-nine-p of this article shall not apply to this\nsubdivision.\n 4. Smoking and vaping shall not be permitted and no person shall smoke\nor vape within one hundred feet of the entrances, exits or outdoor areas\nof any after-school program licensed or registered pursuant to section\nthree hundred ninety of the social services law; provided, however, that\nthe provisions of this subdivision shall only apply on those days and\nduring those hours in which such after-school programs are operational;\nand provided, further, that the provisions of this subdivision shall not\napply to smoking or vaping in a residence, or within the real property\nboundary lines of such residential real property.\n 5. a. Use of an electronic cigarette or e-cigarette shall not be\npermitted on school grounds, as defined in subdivision six of section\nthirteen hundred ninety-nine-n of this article.\n b. "Electronic cigarette" or "e-cigarette" shall have the same meaning\nas in subdivision thirteen of section thirteen hundred ninety-nine-aa of\nthis chapter.\n 6. Smoking shall not be permitted and no person shall smoke within one\nhundred feet of the entrances, exits or outdoor areas of any public or\nassociation library as defined in subdivision two of section two hundred\nfifty-three of the education law; provided, however, that the provisions\nof this subdivision shall not apply to smoking in a residence, or within\nthe real property boundary lines of such residential real property.\n