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(!•'lNAL1Zi?D) T I-1 I R D D R A T' T SECTION I - PURPOSE WLSTC[ILSTrR COUN7^Y SnNlTnRY C:Oi)r. Article SMOKING--CLEAN INDOOR AIR Effective Date The purpose of this article is to protect the public health and env:ronment by prohibiting smoking in certain public places, except in- designated areas. SECTION II - DEFINITIONS For the purpose of this article, the following terms shall have the following meanings: 1. Public Place means any enclosed, indoor area used by the general public or serving the public as a place of work, in- cluding, but not limited to retail stores, public convey- ances, educational facilities, general hospitals, nursing homes, auditoriums, theaters, libraries, museums, arenas and meeting rooms, rest rooms and elevators, but not including private enclosed offices occupied exclusively by smokers even though~such offices may be visited by non-smokers. 2. Public Meeting includes any meeting open to the general . public held in an enclosed indoor area. 3. Smoking includes inhaling and exhaling 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. 4. Smoking Area means a designated area in which smoking is per- mitted'which must have one of the fo1lowir.g conditions exist: a) There is a continuous physical barrier such as a wall,• partition, or furnishing of at least 56 inches (1.42 meters ) in hei gltt to separate the "Swoking Pcrmi tted" and "'No Smoka.ng" arcas. b) There is a space of at least four feet (1.22 metcrs) in width to separate the "Smoking Permitted" and "No Smoking" areas. ,.

5. Place of Work shall mean~ any location serving the public at which ten orr more individuals perform any type of task for consideration of payment under any type of employment rela- tionship, including, but not limited to such employment relationship with or for an individual or government agency. Any location serving the public shall mean a location into which the public must enter or pass th rough in order to re- ceive such services. These shall include all supermarkets, groceries, delicatessens and food stores where food is sold. All eating places, such as restaurants, coffee shops, cafeterias, luncheonettes, grills and tearooms shall be included only on a voluntary basis, at the discretion of the proprietor, who chooses to have separate smoking and non- smoking areas. 6. Proprietor shall mean an individual, firm, estate, part- nership, corporation, trustee, association, or any public or private entity. 7. Public Conveyance means any air, land, or water vehicles used~for the transportation of persons, including but not limited~to, airplanes, trains, buses, boats, boats, taxis, etc. 8. Other Person in Charge shall mean the representative or the proprietor authorized' to exercise general supervision of the activities within the public place at any given time. 9. ResDonsible Person means the proprietor or other person in ch arge as herein defined. 10. Educational Facilities means any location used for in- struction of enrolled students, including but not limited to day care centers, nursery schools, elementary schools, middle schools, junior and senior,high schools, vocational schools, colleges and universities. Th.i s cl.as.sif.icati.on .shall inclucle all areas suYporLive or insL•ruct.ion whicli are under Che responsibility of the school administ-raLion, in- cluding but not limited to, classrooms, study areas and libraries. -2- ~.

11. Enclosed_Office means rin indoor area which is bordered - on a] 1 si.des by nwall-•or partition of at least 50 inches (1A2 iuvt`.er.) in hcicilit. 5iirh s_icles nr par[ilic»tr: s1wi11. be continuous and solid' except fo.rr openii7ys 1"ot: cifl-ry anu1 exiL-. 12. Office means any builcIing, sLrucLi i re, oi: parL llio rvo l , oi- an area which is used by the general public in which the general public must enter or pass through to receive services from this officc. `I'his c]ass.i:ficat:ion sh-rill iil- clude professional offices,.financial institutions, busi- ness offices and government offices, and -the like, wliere ten or more individuals work together. SECTION III - PROHIBITIONS No person shall smoke in a public place, at a public meeting except in designated smoking areas. This prohibition shall not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the function and'not of the proprietor or person in charge of the place. , SECTION IV - DESIGNATION OF SMOKING AREAS Smoking areas may be designated by proprietors or otlicr persons in charge of public places, -except in areas in which smoking is prohibited by the fire marshal or by other law, ordinance or regu- lation. Where smoking areas are designated, a prominent sign shall indicate their location, and existing physical barriers and adequate ventilation systems shall be used~to minimize the toxic effect of smoke in adjacent non-smoking, areas. In the case of public places consisting of a single room, the provisions of this law shall be con- sidered met if one side of the room is reserved and posted as a no- smoking area. ~ W . ~ ~ A. Health Care Facilities CJ1 Ca (1) One of i_he following procedures shall be used in patient *Q or resident rooms : .(a) The responsible person shall ask all prospective patients -3-

- in a "No Smoki:ng" room and a person is a(11n1tUccCl to a room originally designzted'"Smoking Permitted", smoking shall be prohibited in that room unless expressly permntted by the non-smoker. or resident s, or a person authorized to r.eprestnil~ Lhe patient or resident, w>>ether a "Smoking Permitted". or "No Smoking" arca is preferred. Tlic rr:apnon::iblu 110171.1011 shal.l tahc•n assi.Rm rooms aecorciine7 to tms prc Eerencc• when space is available. When space is not availahlr (b)If the responsible person does not assign patient or resident rooms according to.the smoking preference of the patient or resident, smoki.ng sliall be proltibited in all sucli rooms, except rooms occupied exclusively by . persons who smoke or persons who have expressed per- mission for smoking. (2) . Visi.torr, and staff shall be prohibited' from smoking in patient or resident rooms-unless the occupants expressly permit. aIC. Educational Facilities in educational facilities, an area may be designated for "Smoking Permitted" in areas where the student is not re- quired to be in order to partake in the instruction or the - activities offered. C,,V. Theaters and Similar Places Atz_~ In theaters and s i.lar place~ a contiguous area containing 2~ up'to 2O^/ of the seats or other designated areas, may be desig- nated for "Smoking Permitted". S ECTION V - DUTIES OF TIiE RES PONSIBLE PERSON A. Ob11iculticin !:o Post:• The responsible person shall post the public place as follows: (1) Smokin _ Prrmi t:tec3 the appropriate signs in '171c c]c sict"ntcd areas in wlji.c1l smoki ng i.s her.m:i tl:cd sllall be pf?sted wil)i signs using tlio words "Smokinq Permitted"'. (2) No_S~nnk_incJ , No 'smok i rnl ;ii'oas slia].1 bcr pos L•ed w.i. L•h si gny usi ng Llie words ;7m~~k i c~rt" . "No ..~I-

J'.Lac:umeiit o1: ;')iJ>>s a>tcl};.i.xo (a) "Smoking I'crmitted" and "No Smok i ncI" tii:gns Shal 1 he hosl'cd in coitspicuous places and s:1ia1i br ].nr.(jc enough in size to be clearly vi.sible. (b) In all entry ways in which this Smoking--Clean indoor Air article applies, there shall be a clearly visible sign, with the statement "In accordance with the West- chester County Clean Indoor. Air Coc]o, Smoking is Pro- hibitod Except in Designated Rrcas". (4) Znterference with Notices .- No person shall remove, mutilate, or conceal any notice ' by placard of the Department of Health posted in or on any premises or public place except by permission of the Commissioner. (5) Health Care Facilities The requirement for posting of appropriate signs sh;ill be satisfied'in patient or resident rooms if there is at least one sign at the entrance to each floor and wing which states:"Smoking is prohibited except in designnted areas". B. hlternativc to Postinq In lieu of si_gn,provisions specified above in Section V, Part A of this nrticle, a responsible person shall be in compliance with the law if all tables in the "No Smoking" area are identified by a table top device authorized by the Commissioner of Health or his authorized represcntat.ivn. C. Receptacles Receptacles shall be provided at= the boundary of "No-Smok irnJ" and "Smoking i'lermitLed"' areas for'tlie use of patrons ctit:angui.sh- ing any tobacco product before entry into the "No Smoking" area. D. Request Q The responsible person shall insk smokers to refrain from W f ki i i i smo ng upon request o ent or employce suffer ng d a cl s- comfort from the smoke. -5-

SECTION VI - APPLICATION FOR V11PtIANCI: A. Powers of the Commissioner • The Commissioner of Health or his authorized representative upon the receipt and review of an application for variance sub- mitted pursuant to this Article, may grant to a public place a variance from specified provisions of this Article, provided however, that such variance will always protect the rights of non-smokers by reserving at all times a minimal "No Gmoking" section. B. Written Application To.apply for variance the responsible person for a public place shall submit a written applicatiom to the Westchester County Department of Health stating the grounds for the variance. The Department has the right to request any other information reasonably necessary to determine the merits of the waiver application. Failure to submit such requested in- formation may result in denial of the variance application. C. Criteria An applicant for variance shall have the burden to provide clear and convincing evidence to demonstrate that one or more of the_following conditions exist to nece5si-tate a variance: (1) I1npl.ei11riitat-ion of this nrticl.c: i.s n0L Lr~- cause of factors of size or nature of the public place. (2) Implementation of this Article is not feasible because of a clientele of smokers larger in number than the scat.s dcsignnted for "Smoking Permi l-t-cd" under thc pro- visi.oiis of lari:y Articlr.. D. Should a variance be granted pursuant to the provisions of this Article, an adequate ventilatiomsystem oC the public placc should be provided. ' I:. Notwithstanding any otherr piTovision o6 thi s nr, ticle, no ah}•l i- cant will be granted a variance in contradiction of any kule Regulati-on or Law of the State of New York orr of the United States of America or political subdivision thereof. -6- ~.

\ a 51':CTION VII - '+I;Vl:Rnfl'ILT'1'Y11. SOVc17;k1r.i.li ~Y_ If any cl,,usr•, ,onLeiice, par-aqa-;)ph, crcL•.inn 0r of Hiin Article shal:l ba ad.j1udyed by aiiy cutirl: of c:c>utipel:ent juri:;- dictian to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in I its operation to the clause, sentence paragraph, section or part thereof directly involved in the controversy in which such judgment shall been rendered.

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