N.Y.C. Admin. Code § FC 310: Section FC 310: Smoking

310.1 General.

Smoking, including the carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material, shall be conducted in accordance with this section.

310.2 Prohibitions.

It shall be unlawful to:

1. smoke in any area in which smoking is prohibited, as set forth in this section or elsewhere in this code.

2. place or discard, or cause to be placed or discarded, any lighted pipe, cigar, cigarette or other type of smoking paraphernalia or material where it can cause the ignition of combustible material or combustible waste, or otherwise cause an unwanted fire.

3. smoke in any building, structure, premises or part thereof where flammable or combustible materials or explosives are manufactured, stored, handled, used or transported.

4. smoke in the following occupancies and spaces:

4.1. Cellars and basements, except in R-3 occupancies.

4.2. Group A occupancies and public gathering places, except for smoking non-tobacco smoking products in a non-tobacco hookah establishment in accordance with FC 310.7.

4.3. Group M occupancies, except for smoking non-tobacco smoking products in a non-tobacco hookah establishment in accordance with FC 310.7.

4.4. Hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm.

4.5. On any bulkhead, dock, drydock, shipyard, pier, wharf, warehouse or shed on the waterfront.

4.6. On board any ship, barge, ferry, lighter, carfloat, scow, and all other similar floating watercraft or equipment whether berthed or moored at a dock, wharf, pier, or to a marine vessel made fast thereto or in a shipyard.

4.7. Factories as set forth in Section 283 of the New York State Labor Law.

4.8. Lumber yard or woodworking facility as set forth in FC 2803.5.3.

4.9. As otherwise prohibited by this code or the rules.

310.3 "No Smoking" signs.

When smoking is prohibited by this code or the rules, durable "No Smoking" signs shall be conspicuously posted at approved locations throughout the facility or other location in accordance with FC 310, or as otherwise specifically provided in this code. The content, lettering, size and color of required "No Smoking" signs shall be in accordance with the rules, or as otherwise approved by the commissioner.

310.3.1 Location.

"No Smoking" signs shall be conspicuously posted at all entrances to facilities in which smoking has been entirely prohibited and any area therein where hazardous materials are stored, handled or used. Facilities or areas within such facilities in which smoking is allowed in designated areas shall have signs indicating that smoking is allowed in designated areas only.

310.4 Removal of signs prohibited.

A posted "No Smoking" sign shall not be removed, obscured or rendered illegible.

310.5 Compliance with "No Smoking" signs.

It shall be unlawful to smoke, or discard or deposit any burning substance, in any building, structure or premises or part thereof, in which "No Smoking" signs are posted pursuant to this code or the rules or otherwise for fire safety purposes.

310.6 Ash trays.

Where smoking is allowed, suitable noncombustible ash trays or receptacles shall be provided at appropriate locations.

310.7 Non-tobacco hookah establishments.

Smoking of non-tobacco smoking products is allowed in non-tobacco hookah establishments lawfully operating pursuant to Chapter 5 of Title 17 of the Administrative Code (as those terms are defined therein), provided that such establishments are designed, installed, operated and maintained in accordance with the following requirements:

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

310.7.1. Permits.

Permits shall be required as set forth in FC 105.6.

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

310.7.2 Supervision.

The storage of coal and other solid or liquid flammable and combustible materials in non-tobacco hookah establishments shall be under the general supervision of a person holding a certificate of fitness. The handling and use of charcoal and other solid or liquid flammable and combustible materials in non-tobacco hookah establishments shall be under the personal supervision of a person holding a certificate of fitness.

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

310.7.3 Use of charcoal or other material for smoking paraphernalia.

Where smoking paraphernalia requires the use of lighted charcoal or any other solid or liquid flammable or combustible material, such material shall be stored, handled and used in accordance with this section and the rules.

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

310.7.3.1 Smoking paraphernalia.

Smoking paraphernalia shall comply with such safety measures as may be prescribed in the rules to minimize the risk of fire associated with the use of such paraphernalia.

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

310.7.3.2 Storage of charcoal.

Charcoal shall be stored in accordance with FC 315.7. Other flammable or combustible materials shall be stored in compliance with the requirements of this code and the rules.

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

310.7.3.3 Preparation, handling and disposal of charcoal and other materials.

Charcoal shall be prepared for use in an approved indoor or outdoor area, on a noncombustible surface, using an approved device heated by an electric element or other approved device or method, stored in an oven or other approved noncombustible vessel, and vented by means of a hood, or in a room with an approved ventilation system, or other approved method, as set forth in the rules. Lighted charcoal and ashes, cinders and other fire debris, and other combustible waste shall be handled and disposed of in such manner as may be prescribed in the rules to minimize the risk of fire.

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

310.7.3.4 Portable fire extinguishers.

In addition to complying with the requirements of FC 906, a portable fire extinguisher with at least a 2-A:10-B:C rating shall be provided and maintained in a non-tobacco hookah establishment in the charcoal preparation area and in each area in which non-tobacco smoking products are smoked.

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

310.7.3.5 Decorations.

Decorations in non-tobacco hookah establishments shall be flame-resistant in accordance with FC 805 and the rules.

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

310.8 Hazardous environmental conditions.

The commissioner may prohibit lighted matches, cigarettes, cigars or other burning substances in any location upon a determination that such activity creates an undue fire hazard because of conditions in the surrounding environment.