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(a) Ashtrays offered for sale. Ashtrays shall not be used or provided for use in any smoke-free area. Ashtrays which are offered for sale in a smoke-free area other than a retail store shall be kept within a display case or in an area visible but not otherwise accessible to a customer (such as a shelf behind a cash register).
(b) Ashtrays in hotels and motels. Ashtrays are prohibited in all smoke-free areas of hotels and motels, except that ashtrays may be placed immediately adjacent to hotel and motel public entrances and elevators. The following signs shall be posted at every location in a hotel or motel where ashtrays are permitted: NO SMOKING SMOKING IS PROHIBITED IN ALL AREAS OF THIS HOTEL (MOTEL) EXCEPT IN GUEST ROOMS DESIGNATED AS SMOKING ROOMS PLEASE EXTINGUISH YOUR CIGARETTE, CIGAR OR PIPE
(a) "NO SMOKING" and "NO ELECTRONIC CIGARETTE USE" signs or "NO SMOKING OR ELECTRONIC CIGARETTE USE" signs indicating that smoking, and using electronic cigarettes, are prohibited shall be conspicuously posted so that they are clearly visible in lobbies and other appropriate locations of buildings and structures where smoking, and using electronic cigarettes, are prohibited by the Act and these rules.
(b) "SMOKING PERMITTED" or "ELECTRONIC CIGARETTE USE PERMITTED" signs or "SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED" signs shall be posted outside the entrances to and within [separate smoking rooms and] enclosed rooms for smoking and electronic cigarette use. Such signs shall also be posted within tobacco and electronic cigarette promotion public events, as defined in the Act and these rules. "SMOKING PERMITTED" signs must also be posted within registered tobacco bars and registered membership associations, as defined in the Act and these rules.
(c) All signs required to be posted pursuant to the Act shall conform to the following specifications:
(i) Lettering and symbols shall be at least one-half (1/2) inch in height and shall be color contrasted so that all information is clear, conspicuous, and easily readable.
(ii) The size of lettering or symbols on "SMOKING PERMITTED" and "ELECTRONIC CIGARETTE USE PERMITTED" and "SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED" signs shall not exceed the size of lettering or symbols on "NO SMOKING" and "NO ELECTRONIC CIGARETTE USE" and "NO SMOKING OR USING ELECTRONIC CIGARETTES" signs in the same establishment.
(iii) Signs shall be printed on durable material.
(iv) Wording and symbols listed below are Department-approved. However, except for the Warning set forth in subparagraph (c)(iv)(D) of this section, other similar wording may be used.
(A) No smoking signs:
(1) International symbol or
(2) "NO SMOKING"
(B) Smoking permitted sign, including the warning in subparagraph (D) of this paragraph:
(1) "SMOKING PERMITTED IN THIS ROOM" or
(2) "SMOKING PERMITTED"
(C) No smoking except in enclosed room for smoking sign, to be posted within establishments where smoking is permitted by the Act and these rules: "NO SMOKING EXCEPT IN ENCLOSED ROOM"
(D) All "SMOKING PERMITTED" and "SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED" signs shall include the following warning: "WARNING: TOBACCO SMOKE CAUSES CANCER, HEART DISEASE, AND LUNG DISEASE, AND CAN HARM YOUR BABY."
(E) No electronic cigarette use signs: "NO ELECTRONIC CIGARETTE USE"
(F) Electronic cigarette use permitted sign:
(1) "ELECTRONIC CIGARETTE USE PERMITTED IN THIS ROOM" or
(2) "ELECTRONIC CIGARETTE USE PERMITTED" or
(G) No using electronic cigarettes except in enclosed room for electronic cigarette use sign, to be posted within establishments where electronic cigarette use is permitted by the Act and these rules: "NO ELECTRONIC CIGARETTE USE EXCEPT IN ENCLOSED ROOM"
(H) No smoking and electronic cigarette use signs: "NO SMOKING OR ELECTRONIC CIGARETTE USE"
(I) Smoking and electronic cigarette use permitted signs, including the warning in subparagraph (D) of this paragraph:
(1) "SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED IN THIS ROOM" or
(2) "SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED"
(J) No smoking and using electronic cigarettes except in enclosed room for smoking and electronic cigarette use sign, to be posted within establishments where smoking and electronic cigarette use is permitted by the Act and these rules: "NO SMOKING OR USING ELECTRONIC CIGARETTES EXCEPT IN ENCLOSED ROOM"
(d) Signs shall not be required to be posted in areas not regulated by the Act or these rules.
(a) Every owner, operator, employer, manager, or other person in control of a building, public place, or place of employment, or on-site agent shall comply with the applicable information and notification provisions of § 17-507 of the Act.
(b) Every employer shall establish and/or update a written smoking policy that conforms with the Act and these rules. Every employer must establish and/or update a written electronic cigarette use policy that conforms with the Act and these rules.
(c) Any certification of correction required pursuant to § 17-508(g) of the Act shall be filed with the Department within twenty (20) days of the date the order to correct was issued.
(i) The certification shall include the name and address of the premises and the docket number of the notice of violation and attach a copy of the order to correct and the Department's inspection report; shall be typed or clearly printed in ink; shall list and state for each violation that such violation has been corrected and briefly describe how the correction was accomplished, and shall indicate how respondent plans to prevent such violation(s) from recurring.
(ii) Such supporting documentation as the Department may require shall be submitted with the certification.
(iii) The certification shall be signed and dated by the permittee, owner, director, officer, partner, manager, operator or other person having control, and shall be sworn to before a notary public.
(iv) The certification shall be mailed or delivered to the Department at the address specified on the order to correct.
(d) Violations of the Act shall be punishable as provided in the Act. Violations of these rules which are not also violations of the Act shall be subject to a penalty not to exceed one thousand dollars ($1,000), in accordance with Section 555(b)(2) of the Charter.
(e) Where the Commissioner has issued a license or permit pursuant to 24 RCNY Health Code Articles 5 and 81, he or she may suspend or revoke such permit for such reasons as she or he determines is sufficient grounds for suspension or revocation, in accordance with 24 RCNY Health Code § 5.17(b). Such reasons may include, but not be limited to, willful or continuous violations of the Smoke-Free Air Act and these rules.
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