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C WESTCHESTER' S HEP.LTki Published by the ANITA S. CURRAN, M.D., M.P.H., Commissioner WESTCHESTER COUNTY DEPARTMENT OF HEALTH VOLUME XXIV WHITE PLAINS, N'. Y. August 1, 1979 NUMBER 1 Published at the County Office Building' • White Plains, N. Y. Evenings, Sundays & Holidays: (914) 723-8808; Telephone: (914) 682-2000 . 'OFFIC'IAL County Sanitary Code Amended At a regular meeting of the Westchester County Board of Health~held at White Plains, New York, on the 12th day of July, 1979, a resolution was adopted pursuant to Sections 309, 347 and 348 of the Public Health Law and to Section 56 of the Westchester County Charter to amend the. Westchester County Sanitary Code by adding a new Article 20, to be effective November 1, 1979, as follows:

STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) I, Anita S. Curran, M.D., M.P.H., Commissioner of the Westchester County Department of Health~, do hereby certify that I have compared the foregoing with the original resolu- tion and amendment adopted by the Board of Health at a meeting held in White Plains, New York, on the 12th day of July, 1979, and that same is a true and complete copy of the amendment of. said code as adopted on the 12th day of July, 1979, and is published by the authority and order and under the direction of the Westchester County Board of Health. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Westchester County Department of Health, this lst day of August, 1979. Westchester County Department of Health f_ Anita S. Curran, M.D.,'M.P.H. Commissioner

ARTICLE 20 - SMOKING - CLEAN INDOOR AIR of the SANITARY CODE of the -Anita S. Curran, M.D., M.P.H. Commissioner of Health

j Y . ARTICLE 20 - SMOKING - CLEAN INDOOR AIR Section 2000. 2001. 2002. 2005. Smoking - Clean Indoor Air; interference with notices 2004.• Smoking - Clean indoor Air; duties of the responsible person Smoking - Clean Indoor Air; purpose Smoking - Clean Indoor Air; definitions Smoking - Clean Indoor Air; prohibitions 2003. Smoking - Clean indoor Air; designation of smoking areas 2006. Smoking - Clean Indoor Air; variances

, The purpose of this article is to protect the public health and environment by prohibiting smoking in certain public Sec. 2000. Smoking - Clean Indoor Air; purpose places, except designated areas. Sec. 2001. Smoking - Clean Indoor Air; definitions meanings hereinafter set forth.or indicated: a different meaning, the following terms shall have'thefrespective pressly stated or unless the context or subject matter requires Whenever used in this article, unless otherwise ex- areas supportive of instruction which are under the responsibility high schools, colleges and universities, and shall include all students, including but not limited to day care centers, nursery schools, elementary schools, middle schools, junior and -senior.- 1. Educational facility. The term "educational facility" means any location used'for instruction of enrolled of the school administration including but not limited to, classrooms, study areas and libraries. for entry and exit. tion of at least fifty-six inches (1.42 meters) in height wnich sides or partitions are continuous and solid except for openings 2. Enclosed office. The term "enclosed office" means .an indoor area which is bordered on all sides by a wall or parti- . 3. Health care facility. The term "health care facility" means a hospital, infirmary, nursing home or extended care facility. ; 4. Office. The term~"office° means any building, structure, or part thereof, or an area which is used by the general public and which the general public must enter or pass through to receive services from this office where ten or more employees are located and shall include but not be limited to professional offices, financial institutions, business offices and government offices. 5. Proprietor. The term "proprietor" means an individual, firm, estate, partnership,*corporation, trustee, association, or any public or private entity which owns and/or maintains any area within the scope of this article.

6. Other person in charge. The term "other person in charge" means the representative or the,proprietor authorized to exercise general supervision of the activities within a public place at any given time. means the proprietor or other person in charge as herein defined. 7. Responsible person. The term"responsible person" nition only if the proprietors elect to provide separate smoking luncheonettes, grills and tearooms shall be included in this defi- eating places, including restaurants, coffee shops, cafeterias, of the number of individuals employed, provided however that all with the exception of supermarkets, grocery stores, delicatessens and stores where food is sold, which will be included regardless public must enter or pass through in order to receive such service, or governmental agency and shall include a location which the limited to such employment relationship with or for an individual perform any type of employment'relationship, including,`but'not any location serving the public at which ten or more individuals - Si 8. Place of work. The term "place of work" means and non-smoking areas on a voluntary basis. 9. Public conveyance. The term "public conveyance" means any air, land, or water vehicles used for the transportation of persons, including but not limited to, airplanes, trains, buses, boats and taxis, and does not include private cars. 10. Public meeting. The term "public meeting" means any gathering open to the general public held in an enclosed indoor area. ~ ' 11."'Public place. The term "public place" means any gathering open to the general public held in an enclosed indoor area used'by the general public or serving the public as a place of work, including, but not limited to retail stores, public conveyances, educational facilities, health care facilities, auditoriums, theaters, libraries, museums, arenas and meeting rooms, rest rooms and elevators, but not including enclosed offices occupied ex- clusively by smokers even though such offices may be visited by non-smokers. 12. Smoking. The term "smoking" means the inhaling and exhaling of the fumes of a lighted cigar, cigarette, pipe or any other lighted smoking equipment, and the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment. -2- ,. ,,. . _~.

V four feet (1.22 meters) in width'to separate the area from a no- to separate the area from a no-smoking area; or, a space of at least furnishing of at least fifty-six inches (1.42 meters) in height a continuous physical barrier such as a wall, partition, or 13. Smoking area. The term "smoking area" means a designated area in which~smoking is permitted and.which has either smoking area. Sec. 2002. Smoking -,C1ean Indoor Air; prohibitions , - ing arrangements are under the control of the function and not of an entire room or hall is used for a private social function and seat- 2. This prohibition shall not apply in cases in which ;-~ 1. No'person shall smoke in a public place or at a public meeting except in designated smoking areas. the proprietor or person in charge of the place. Sec. 2003. Smoking - Clean Indoor Air; designation of smoking areas 1. Smoking areas may be designated by proprietors or other persons in charge of public places, except in areas in which smoking is prohibited by the fire marshal or by other applicable law, ordinance or regulation. sign shall indicate their location, and existing physical barriers. 2. Where smoking areas are designated, a prominent 3. In the case of public places consisting of a single ' room, the provisions of this article shall be considered met if one side of the room is reserved and posted as a no smoking area. . 4. in the case of patient or resident rooms at a health care facility the responsible person shall: space is available, or; (b) assign rooms according to this preference whenW smoking permitted or no smoking area is preferred, and; (a) ask all prospective patients or residents, or a person authorized to represent the patient or resident, whether a -3-

(c) prohibit smoking in a room originally desig- room, unless the person admitted expressly permits smoking in the room is admitted to such room due to lack of space in a no smoking nated smoking permitted when a person requesting a no smoking room, and, residents who smoke or who have expressed permission for smoking, may be permitted in rooms occupied exclusively by patients or ;~ ing to their smoking preference, provided however, that smoking (d) prohibit smoking in patient or resident rooms where patients or residents are not assigned to such rooms accord- and; patient or resident rooms unless the occupants expressly permit . ... .' . ... . ,..:. .. ,. ~. . . .. -. . ... . ....- iFi. . .:.:.:.. . ....;.F . :...:. .~ . ... . . . ..._ . .-. :.' . . ~ -. .. ,: - . ... • . . . -., -._i:." (e) prohibit visitors and staff from smoking in smoking. . 5. In the case of an educational facility an area may be designated for smoking permitted in areas where the student is not required to be in order to partake in the instruction or the activities offered. 6. In the case of a theater, auditorium, concert hall or exhibit hall, a contiguous area containing not in excess of twenty percent of the seats or other designated areas, may be designated for smoking permitted. Sec. 2004. ;,,"' Smoking -, Clean Indoor Air; duties of=the_ responsible; person'~ 1. The responsible person at a public place in that person's charge shall post signs in conspicuous places and large enough in size to be clearly visible, as follows: (a) "Smoking Permitted" and "No Smoking" signs, except signs on tables or seats, shall be in printed letters of not less than 1.5 inches (3.8 centimeters) in height; (b) signs using the words "Smoking Permitted".in the designated areas in which smoking is permitted, and; .smoking areas; (c) signs using the words "No Smoking" in no .

(d)-a clearly visible sign, with the statement °In. . accordance with the Westchester County Sanitary Code, Smoking is Prohibited Except in Designated Areas" at all entry ways to the premises. floor and wing which~states: "Smoking is prohibited except in.desig- 2. At health care facilities, the requirement for posting of appropriate signs shall be satisfied in patient or resi- dent rooms if there is at least one sign at the entrance to each nated areas", a duly authorized representative thereof. This does not apply to eating places or restaurants unless these restaurants and eating identified by a table top device authorized by the Commissioner or section the responsible person shall be in compliance with provi- sions of this article if all tables in the no smoking area are 3. * In lieu of the sign provisions specified in this places are in voluntary compliance. lighted smoking equipment. ' 4. Receptacles shall be provided at the boundary of no smoking and smoking permitted areas for the use of patrons extinguishing any lighted cigar, cigarette, pipe or any other' 5. Sn any no smoking area, the responsible person shall ask smokers to refrain from smoking. Smoking - Clean Indoor Air; interference with notices No person shall remove, mutilate, conceal, obstruct„ or tear down any notice or placard posted in or on any premises or public place in accordance with this article except by written per- mission of the Commissioner. Sec. 2006. Smoking - Clean Indoor Air: variances representative thereof upon the receipt and review of an application N; 1. The Commissioner of Health or a duly authorized .4 -5-

( r minimal no smoking section. protect the rights of non-smokers by reserving at all times a for variance submitted pursuant to this article, may grant to the proprietor of a public place a variance from specified provisions of this article, provided however, that such variance will always .Department of Health, which application shall state the grounds for submit a written application for a variance to the Westchester County .2_ The responsible person for a public place shall the variance. (a) The department may request information reasonably necessary to determine the merits of the application for a variance. may result in denial of the variance. (b) Failure to submit such requested information 3. An applicant for a variance shall have the burden to provide clear and convincing evidence to demonstrate that one or more of the following conditions exist to necessitate a variance: (a) implementation of this article is not feasible- because of factor's of size or nature of the . designated for smoking permitted under the provisions of this article. public place. (b) implementation of this article is not feasible because of a clientele of smokers larger in number than the seats 4. Notwithstanding any other provision of this article,' no applicant will be granted a variance in contradiction of any ; applicable regulation or law of the State of New York or of the .United States of America or a political subdivision thereof.