2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 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.