§ 310-03 Hookah Establishments.
RCNY § 310-03
(a)Scope. This section establishes fire safety requirements pursuant to FC 310 for all non-tobacco hookah establishments.
(b)Definitions. The following terms shall, for purposes of this section, have the meanings set forth herein. Hookah coal. Charcoal manufactured for use as a heat source in a hookah, or any other combustible material used for this purpose. Lighted coals. Hookah coal undergoing combustion. Non-tobacco hookah establishment. An establishment for the on-premises sale and use of non-tobacco smoking products, as defined in New York City Administrative Code § 17-502(aaa).
(c)General. Non-tobacco hookah establishments shall be designed, installed, operated and maintained in accordance with FC 310 and this section.
(1)Applicability. This section shall apply to non-tobacco hookah establishments. Non-tobacco hookah establishments may lawfully operate only when issued a permit by the New York City Department of Health and Mental Hygiene pursuant to Administrative Code § 17-513.5.
(2)Compliance timeframes. Non-tobacco hookah establishments shall comply with the requirements of this section by the dates set forth below: (A) Portable fire extinguisher requirements (3 RCNY § 310-03(f)): September 1, 2020. (B) Operational and maintenance requirements other than supervision (3 RCNY § 310-03(e)): October 1, 2020. (C) Supervision requirements (3 RCNY § 310-03(c)(4)): January 1, 2021. (D) Design and installation requirements (3 RCNY § 310-03(d)): October 1, 2021. (E) Permit requirement (3 RCNY § 310-03(c)(3)): October 1, 2021.
(3)Permit. Pursuant to FC 105.6, a permit is required to maintain and operate a non-tobacco hookah establishment. (A) Original application. The initial application for a Department permit for a non-tobacco hookah establishment shall include the following documentation and such other information and documentation as the Department may require: (1) Health Department permit. A copy of the permit issued by the New York City Department of Health and Mental Hygiene to operate a non-tobacco hookah establishment.
(4)Supervision. In accordance with FC 113 and 310.7.2: (A) The storage of hookah coal for use with hookah and other smoking paraphernalia in non-tobacco hookah establishments shall be under the general supervision of a person holding a certificate of fitness. (B) The handling and use of lighted coals and other solid or liquid flammable and combustible materials in non-tobacco hookah establishments shall be under the personal supervision of a person holding a certificate of fitness. Such a certificate of fitness holder shall be present at all times when there are lighted coals on the premises. (C) A copy of the certificate(s) of fitness of the person(s) responsible for such general and personal supervision in non-tobacco hookah establishments shall be conspicuously posted at the premises. (D) The requirements of 3 RCNY § 310-03(c)(4)(A) through (C) shall be in addition to any and all other certificate of fitness requirements applicable to the non-tobacco hookah establishment's operations, including the provision of safety personnel in places of assembly.
(d)Design and installation requirements. All non-tobacco hookah establishments, including those established and operating before the effective date of this section, shall comply with the following design and installation requirements.
(5)Such oven is installed on a noncombustible base on ceramic tiles or other non-combustible floor surface.
(6)A durable sign conspicuously posted on a wall near such oven reads: "Oven installation approved for hookah coal use only. Not safe for wood burning or room heating." (7) Either the installation of such oven has been approved by the Department of Buildings, or an application for approval thereof by the Department of Buildings has been filed. (D) Outdoor stationary oven. In a permanently-affixed, enclosed or partially-enclosed masonry oven, installed outdoors, or an enclosed stationary metal oven designed for the burning of wood or other solid fuel, installed outdoors (including, for purposes of this section only, masonry and metal ovens installed on open porches and decks and unenclosed under-eave areas in rear yards), in accordance with the following requirements: (1) Such oven is vented through a chimney or suitable metal exhaust duct in accordance with the Construction Codes.
(e)Operational and Maintenance Requirements.
(f)Portable Fire Extinguishers. Non-tobacco hookah establishments shall comply with the portable fire extinguisher requirements of FC 906 applicable to the occupancy. In addition, a portable fire extinguisher with a 2-A:10-B:C or other approved rating shall be provided and maintained in: (1) all areas where lighted coals are prepared or maintained; (2) each room or area in which hookah or other smoking paraphernalia containing lighted coals is used or handled; and (3) each room or area in which smoking occurs. (Added City Record 5/27/2020, eff. 6/26/2020; amended City Record 9/20/2023, eff. 10/20/2023)
