§ 10-13 Enforcement.
RCNY § 10-13
(a)Every owner, operator, employer, manager, or other person in control of a building, public place, or place of employment, or on-site agent shall comply with the applicable information and notification provisions of § 17-507 of the Act.
(b)Every employer shall establish and/or update a written smoking policy that conforms with the Act and these rules. Every employer must establish and/or update a written electronic cigarette use policy that conforms with the Act and these rules.
(c)Any certification of correction required pursuant to § 17-508(g) of the Act shall be filed with the Department within twenty (20) days of the date the order to correct was issued.
(i)The certification shall include the name and address of the premises and the docket number of the notice of violation and attach a copy of the order to correct and the Department's inspection report; shall be typed or clearly printed in ink; shall list and state for each violation that such violation has been corrected and briefly describe how the correction was accomplished, and shall indicate how respondent plans to prevent such violation(s) from recurring.
(ii)Such supporting documentation as the Department may require shall be submitted with the certification.
(iii)The certification shall be signed and dated by the permittee, owner, director, officer, partner, manager, operator or other person having control, and shall be sworn to before a notary public.
(iv)The certification shall be mailed or delivered to the Department at the address specified on the order to correct.
(d)Violations of the Act shall be punishable as provided in the Act. Violations of these rules which are not also violations of the Act shall be subject to a penalty not to exceed one thousand dollars ($1,000), in accordance with Section 555(b)(2) of the Charter.
(e)Where the Commissioner has issued a license or permit pursuant to 24 RCNY Health Code Articles 5 and 81, he or she may suspend or revoke such permit for such reasons as she or he determines is sufficient grounds for suspension or revocation, in accordance with 24 RCNY Health Code § 5.17(b). Such reasons may include, but not be limited to, willful or continuous violations of the Smoke-Free Air Act and these rules.
