New York State Clean Indoor Air Act Includes Vaporizers and E-Cigatrettes

WHAT WAS ADDED: As of November 22, 2017, legislation has included electronic cigarettes, vaporizers, and similar devices to the Clean Indoor Air Act, which bans their use everywhere that smoking tobacco products are prohibited.

BACKGROUND: Effective July 24, 2003, the amended New York State Clean Indoor Air Act (Public Health Law, Article 13-E) prohibits smoking in virtually all indoor public areas including workplaces, restaurants and bars.

WHERE IS SMOKING PROHIBITED
Public Health Law, Article 13-E, Section 1399-o states that smoking shall not be permitted and no person shall smoke in the following indoor areas:

  • Places of employment;
  • Bars and Restaurants;
  • Enclosed indoor swimming areas;
  • Public transportation including all ticketing, boarding and waiting areas; buses, vans, taxicabs and limousines;
  • All places of employment where services are offered to children;
  • All schools, including school grounds;
  • All public and private colleges, universities and other educational and vocational institutions;
  • General hospitals;
  • Residential health-care facilities, except separately designated smoking rooms for adult patients;
  • Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity;
  • All indoor arenas;
  • Zoos; and
  • Bingo facilities.

WHERE IS SMOKING PERMITTED
Smoking is permitted in the following areas or businesses:

  • Private homes and private residences when not used for day care; private automobiles;
  • Hotel or motel rooms rented to one or more guests;
  • Retail tobacco businesses (primary activity is the retail sale of tobacco products and accessories, and the sale of other products is merely incidental);
  • Membership associations where all duties related to the operation of the association are performed by volunteers who are not compensated in any manner;
  • Cigar bars in existence prior to January 1, 2003 (where 10% or more of total annual gross income is from the sale of tobacco products); and
  • Up to 25% of seating in outdoor areas of restaurants with no roof or ceiling enclosure may be designated smoking areas.

POSTING OF SIGNS
Public Health Law, Article 13-E, Section 1399-p Posting of Signs

“Smoking” or “No Smoking” signs, or the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained where smoking is regulated (prohibited or permitted) by this article, by the owner, operator, manager or other person having control of such area. ALL IN ONE POSTER COMPANY offers a NO SMOKING and NO VAPING COMBINATION SIGN that may be used in accordance with the amendment to the law that now includes electronic cigarettes, vaporizes, and similar devices.

VIOLATION AND PENALTY
The enforcement officer for a city or county health department can assess a penalty of up to $1,000 for each violation. In areas where the State Health Department is the enforcement officer, a fine of up to $2,000 may be assessed.