Smoke-Free Air Laws - NYC Health

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Animal Facilities

Beaches

Camps

Child Care

Restaurants, Mobile Food Vending

Mental Health Licensed Programs (NYS OMH)

Violations and Summonses

Pools, Spas and Spray Grounds

Smoking: Exemptions, Registration and Hookah

Drinking Water

Cooling Towers

Radiological Equipment (X-Rays) and Materials

Other Permits and Registrations


Smoke-Free Air Laws

Smoke Free Air Act

The Smoke Free Air Act (SFAA) prohibits smoking and the use of electronic cigarettes (vaping) in most workplaces and public spaces. This applies to any substance, including cannabis, and includes areas near hospital entrances, in parks, beaches and pedestrian plazas. The SFAA also prohibits the use of smokeless tobacco at sports arenas and recreational areas that issue tickets. These laws are in place to protect people from exposure to secondhand smoke:

Risks of Secondhand Smoke Fact Sheet (PDF)

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Smoking or vaping any product containing tobacco or cannabis is prohibited at New York City restaurants and bars, including all indoor and outdoor dining areas. Serving non-tobacco shisha for on-site smoking is only allowed with a permit to operate as a non-tobacco hookah establishment.

Signs

The SFAA requires the posting of “No Smoking, Electronic Cigarette Use, and Smokeless Use” signs to be clear and visible in any indoor space where smoking, using e-cigarettes or using smokeless tobacco is not allowed.

No Smoking Sign (PDF)

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These signs may be requested by calling 311. Otherwise, they must be:

Printed in color with a color printer.

Printed on durable material.

No smaller than 8 ¼ inches by 10 ½ inches.

Oriented as they appear online.

Not cut, reordered or redesigned.

The person in control of the areas where smoking and vaping are prohibited is responsible for the compliance and enforcement of the SFAA.

Compliance and Assistance

We provide technical assistance to organizations, vendors and worksites that implement these laws. We also offer educational materials on responsibilities and rights under these laws, and trainings and presentations to various groups regarding these laws.

For more information or support complying with these regulations, email tobacco@health.nyc.gov

You can file a complaint about a smoking violation online or by calling 311.

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Residential Buildings

Under the SFAA, any smoking or vaping is banned in all indoor common areas of residential buildings with three or more units. Owners of residential buildings with three or more units are also required to create a policy on smoking and share it with current and future tenants. Policies must describe where smoking is and is not allowed on the property, including all outdoor and indoor locations, such as within apartments.

Learn more about smoke-free housing, including tips for making your building smoke-free.

Fact Sheet for Tenants and Landlords of Residential Buildings

When Secondhand Smoke Enters Your Home: Frequently Asked Questions (PDF)

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Disclosure of Policies on Smoking in Residential Buildings: What You Need to Know (PDF)

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Sample Policy on Smoking(PDF)

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Read the laws:

Prohibition of smoking and use of electronic cigarettes

Obligation of owners of class A multiple dwellings to adopt and disclose a smoking policy.

Business Owners and Employers

Business owners and employers are required to create a smoking and e-cigarette use policy. It should be posted for all employees and shared with new hires. In most cases, the policy should prohibit any smoking and e-cigarette use in indoor workplace spaces.

Sample Smoke-Free Workplace Policy (PDF)

New York City Smoke-Free Regulations: A Guide for Health Care Facilities (PDF)

Regulation of smoking, and use of electronic cigarettes, in places of employment.

Non-Tobacco Hookah Establishments

All hookah-serving establishments are required to have a permit. No new permit applications are currently being accepted. Permitted establishments must only serve non-tobacco shisha. Hookah establishments must display warning signs about the health risks of hookah smoke. People younger than 21 are not permitted to enter hookah-serving establishments.

Hookah Compliance Guide (PDF)

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Hookah Warning Signs FAQ (PDF)

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Requirements to Operate a Non-Tobacco Hookah Establishment.

Smoke-Free Air Act Exemptions

The SFAA makes virtually all workplaces in New York City smoke-free, with the following exemptions:

Registered Tobacco or Electronic Cigarette Events
Registered Tobacco Retail Stores or Electronic Cigarette Retail Stores. Only those where the primary activity is the retail sale of tobacco or e-cigarette products and accessories are eligible.

New York State Clean Indoor Air Act

The New York State Clean Indoor Air Act (CIAA) prohibits any smoking and the use of e-cigarettes in certain public areas and covers New York State (including New York City). In addition to the SFAA restrictions, the CIAA prohibits all smoking and the use of e-cigarettes:

Within 100 feet of entrances, exits or outdoor areas of public libraries

Within 100 feet of entrances, exits or outdoor areas of public or private elementary or secondary schools

The CIAA requires the posting of "No Smoking" or "Smoking" signs, or "No Vaping" or "Vaping" signs, or a sign with the international "No Smoking" symbol, to be clear and visible in these outdoor areas.

Download no smoking/vaping signs

The CIAA also prohibits smoking or vaping cannabis in private cars, outdoor areas of restaurants, and tobacco retail settings, even when tobacco use is allowed.

The person in control of the smoking and vaping prohibited areas is responsible for the compliance and enforcement of the CIAA.

More Information

Cannabis (Marijuana)

E-cigarettes

Smoke-Free Housing

Smoking: Hookah

Smoking: Main Page

Tobacco and E-cigarette Retailers