N.Y. Public Health Law § 1399-o: Smoking and vaping restrictions

§ 1399-o. Smoking and vaping restrictions. 1. Smoking and vaping shall

not be permitted and no person shall smoke or vape in the following

indoor areas:

a. places of employment;

b. bars;

c. food service establishments, except as provided in subdivision six

of section thirteen hundred ninety-nine-q of this article;

d. enclosed indoor areas open to the public containing a swimming

pool;

e. public means of mass transportation, including subways, underground

subway stations, and when occupied by passengers, buses, vans, taxicabs

and limousines;

f. ticketing, boarding and waiting areas in public transportation

terminals;

g. youth centers and facilities for detention as defined in sections

five hundred twenty-seven-a and five hundred three of the executive law;

h. any facility that provides child care services as defined in

section four hundred ten-p of the social services law, provided,

however, that rooms in such a facility that is a private home shall be

regulated by this paragraph as follows:

(i) when such private home is not required to be licensed or

registered for such services by the office of children and family

services, rooms in such home are excluded from the prohibition of this

paragraph during periods when children receiving such services are not

present; and

(ii) when such private home is required to be licensed or registered

for such services by the office of children and family services, rooms

in such home are included within the prohibition of this paragraph,

regardless of whether or not children receiving such services are

present.

i. child day care centers as defined in section three hundred ninety

of the social services law and child day care centers licensed by the

city of New York;

j. group homes for children as defined in section three hundred

seventy-one of the social services law;

k. public institutions for children as defined in section three

hundred seventy-one of the social services law;

l. residential treatment facilities for children and youth as defined

in section 1.03 of the mental hygiene law;

m. all public and private colleges, universities and other educational

and vocational institutions, including dormitories, residence halls, and

other group residential facilities that are owned or operated by such

colleges, universities and other educational and vocational

institutions, except that these restrictions shall not apply in any

off-campus residential unit occupied by a person who is not enrolled as

an undergraduate student in such college, university or other

educational or vocational institution;

n. general hospitals and residential health care facilities as defined

in article twenty-eight of this chapter, and other health care

facilities licensed by the state in which persons reside; provided,

however, that the provisions of this subdivision shall not prohibit

smoking and vaping by patients in separate enclosed rooms of residential

health care facilities, adult care facilities established or certified

under title two of article seven of the social services law, community

mental health residences established under section 41.44 of the mental

hygiene law, or facilities where day treatment programs are provided,

which are designated as smoking and vaping rooms for patients of such

facilities or programs;

o. commercial establishments used for the purpose of carrying on or

exercising any trade, profession, vocation or charitable activity;

p. indoor arenas;

q. zoos; and

r. bingo facilities.

2. Smoking and vaping shall not be permitted and no person shall smoke

or vape in the following outdoor areas:

a. ticketing, boarding or platform areas of railroad stations operated

by the metropolitan transportation authority or its subsidiaries.

b. on the grounds of general hospitals and residential health care

facilities as defined in article twenty-eight of this chapter, within

fifteen feet of a building entrance or exit or within fifteen feet of

the entrance to or exit from the grounds of any such general hospital or

residential health care facility. This subdivision shall not prohibit

smoking and vaping by a patient or a visitor or guest of a patient of a

residential health care facility in a separate area on the grounds

designated as a smoking and vaping area by the residential health care

facility, provided such designated smoking and vaping area is not within

thirty feet of any building structure (other than a non-residential

structure wholly contained within the designated smoking and vaping

area), including any overhang, canopy, awning, entrance, exit, window,

intake or exhaust.

3. Smoking and vaping shall not be permitted and no person shall smoke

or vape within one hundred feet of the entrances, exits or outdoor areas

of any public or private elementary or secondary schools; provided,

however, that the provisions of this subdivision shall not apply to

smoking or vaping in a residence, or within the real property boundary

lines of such residential real property. The provisions of section

thirteen hundred ninety-nine-p of this article shall not apply to this

subdivision.

4. Smoking and vaping shall not be permitted and no person shall smoke

or vape within one hundred feet of the entrances, exits or outdoor areas

of any after-school program licensed or registered pursuant to section

three hundred ninety of the social services law; provided, however, that

the provisions of this subdivision shall only apply on those days and

during those hours in which such after-school programs are operational;

and provided, further, that the provisions of this subdivision shall not

apply to smoking or vaping in a residence, or within the real property

boundary lines of such residential real property.

5. a. Use of an electronic cigarette or e-cigarette shall not be

permitted on school grounds, as defined in subdivision six of section

thirteen hundred ninety-nine-n of this article.

b. "Electronic cigarette" or "e-cigarette" shall have the same meaning

as in subdivision thirteen of section thirteen hundred ninety-nine-aa of

this chapter.

6. Smoking shall not be permitted and no person shall smoke within one

hundred feet of the entrances, exits or outdoor areas of any public or

association library as defined in subdivision two of section two hundred

fifty-three of the education law; provided, however, that the provisions

of this subdivision shall not apply to smoking in a residence, or within

the real property boundary lines of such residential real property.