§ 10-05 Enclosed Rooms for Patients of Certain Residential Health Care Facilities and Day Treatment Programs.
RCNY § 10-05
Smoking, and using electronic cigarettes, may be permitted in an enclosed room, as defined in 24 RCNY § 10-01(h), in certain residential health care facilities offering health related services, as defined in § 17-502(q) and (dd) of the Act, and facilities providing day treatment programs, as defined in § 17-502(cc) of the Act, which room has been designated for smoking, and using electronic cigarettes, by patients, in accordance with the following terms and conditions: (a) Smoking, and electronic cigarette use, rooms shall comply with all applicable Building Code and Fire Code requirements.
(b)Smoking rooms shall have the prior approval of the New York City Fire Department and, on request of any person authorized to enforce the Act, the operator or person in charge of the facility shall make available for inspection the most recent inspection report from the Fire Department showing such approval.
(c)No persons other than patients of such facilities shall be allowed to smoke or use electronic cigarettes in such rooms.
(d)Signs shall be posted in accordance with 24 RCNY § 10-12 and shall contain one of the following messages: (i) "SMOKING PERMITTED. IN ACCORDANCE WITH THE NEW YORK CITY SMOKE-FREE AIR ACT, ONLY PATIENTS OF THIS FACILITY MAY SMOKE IN THIS ROOM." (ii) "ELECTRONIC CIGARETTE USE PERMITTED, IN ACCORDANCE WITH THE NEW YORK CITY SMOKE-FREE AIR ACT, ONLY PATIENTS OF THIS FACILITY MAY USE ELECTRONIC CIGARETTES IN THIS ROOM." (iii) "SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED. IN ACCORDANCE WITH THE NEW YORK CITY SMOKE-FREE AIR ACT, ONLY PATIENTS OF THIS FACILITY MAY SMOKE OR USE ELECTRONIC CIGARETTES IN THIS ROOM." (Amended City Record 4/12/2024, eff. 5/12/2024)
