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6J1cSTGrn;STER CnTJN`.l^( Sl\WFT71R1' (:Oi)T;. - Article SMOKING--CTi,EAN' INDOOR AIR Effective Date SECTION I - PURPOSE 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 smokerss even though such offices may be visited'by non-smokers. 2. Public Meetiinq, includes any meeting; open to the general 4, public held in an enclosed' indoor area. . Smoking includes inhaling and exhaling the fumes of a lighted' cigar, cigarette, pipe or any other lighted smoking equipment, and' the carryingi of a lighted cigar, cigarette, pipe or any other lighted smoking equipment. Smoki_ng,Area means a designated aroa in which smoking is per- mitted which must have one of the followir.g conditions ehist: a) There is a continuous physical barrier such as a wall,• partition, or furnishing of at lea:st 56 inches ('1.42 meters) in ho•ight to separate Lhe "Smoking Pcrmi,t.t(,d1' and "No Smoking" areas. b), There is a space of at least four feet (1.22' metcrs), in width tolseparate the "Smoking Perm.itted" and' "'L+7o Smoking" areas. O ~ O • Cp 6J1I

. Place oL Work shall mean any location serving the public at which ten or~more inc3;ividuals perform any type of task for consideratiionof payment under any l_ype of emp7.oynient rela- tionship, including, but nott limited to~such employment relationship with or for an~ ind'ividual or government agency. Any location serving the public sIzall mean a location into which~the public must enter or pass through in order to re- ceive such services. These shall includ!e all supermarkets, groceries, delicatessens and food stores where food is so1d. 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, trusttee, associatzon,, or any public or private entity. 7. Public Conveyance means any air, land, or water vehicirs used'for the.transportation of persons, including but not limited to, airplanes, trains, buses, boat.s, 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 publ.ic place at any given time. 9. Responsible Person means the proprietor or other person in charge as hereinidefined. 10'. Educational Facilities means any location used'foi in- struction of enrolledistudents, includ'ingi but not limited to day care centers, nursery schools, elementary schools,, middle schools, junior and senior high schools, vocational scliool.s, cO1.7'eg,cs and 1nni vorsiti n.s;. 'T'ls.i ; cJ;as ,-i'f-i.cal--i'on shall inclucl'e all areas suYporCivc,o!' .i.na(Lruc:l._iloii wli:i.r:ll are under t-Iic responsilailiLy of the school adauinisl_raLi.oni, il2- cluding but not limited to, classrooms, study areas and libraries. -2- . A

il. Enclosecl'nffice means :cn indoor area which is bordered' - on a]'.1l si.dc.s by a wall-or partition of at least 56 inc-lies (1 .4?2 nrol rrs) :iht 11~~i,~11tL. Srich a;idcIs or par1`i l-.ic~rls; s1r,111 be continuous and solid excr.pt- fo.r ol,oenilngs Vcrr: c•rr l r-y rrr~rl Exi t. 12'. Ofric_e; means any building, sLrr..rel_rr.re, or: p._r.rt t.lr0.r'c~()l, urr an area which is used' by the generalll public in whi:ch the general public must enter or pass through to receive services from Ulris office. 'I'liis c.las,.i..ficat:.ioal^;lh~~]] in- clude professional offices,,financial institutions, busi- ness offices and' government- off-ices, and the like, where 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 cas~esiin whichian entire room or hall is used fdr_ a private social function and seating arrangernents are under the control of the function andinot of the proprietor or person in charge of the place. SECTION IV - DESIGNATION OF Sti1OKIIydG AREAS' Smoking areas may be designaLe(l by proprietors or otlhie>- persons in charge of public pliaces, -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 physic,a]l barriers and adieguate ventilation systems shall be usedito minimize the toxic effect of- smoke in ad jacent non-snioking, 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- satiokingi area. .C C.3 A. Health Care Facilities (1) One oE' the foll ow.i'.ng procedures sha]. ] be usc-.d i.n pal-ienit- ~ O ~ or resident rooms: (a) The responsible personishall ask all prospective patients -3-

or residenta, or a per!~on ;aul.lruri.zeci l.o rel~r.e,;c:lrl Lhc' patient or resident, wi)ether a"Srnoking Permitted" or uNo' Slll(!}}Q:.ingu area is preferred. 'l'llc L'ba:.;po714'sl'1Tll` PC1'f;0ll sha]'l tahen assi.qn rooms accorci'inct L-o tli'i:; pref'orenc-.e whe'n, space is avai_lable. Wheli Spac-e is noL- aivai 1.,lule in ai "'No Smo3ci:ng"' room and a person is aclmitt`.ecl t.o a roolli originally designzted, "Smoking Permitted"', smoking, shall be prohibited in that room unless expressly perm.i tted by the non-smoker. (b)If If the responsible person does not a:5sign patient or resident rooms according to .the smok ingi preference of t}re' pati ent or res i dent, smoking shall be proltibi ted in all suclr rooms,, except rooms occupied exclusively by . persons who smoke or persons who have expressed per- mission for smoking. (2) Visitors andl staff shall be prohibited' from smoking' in patient or resident rooms unless the occupants expressly permit. ~Z, rdvcational Facilities ]In' educational facilities, an area may be designatedifor "'Smoking Permitted" in areas where the student is not re- q,uired' to be in order to partake in the instruction or tne -activities offered. . C,,O. Theaters and Similar Places. Tn theaters and similar places a contiguous area conL-aining up'to 20% of the'sealts or other designated areas, may be desig- nated for "Smoking Permitt:ed"'. SECTION V - DUTII:.S~ OF THE RESPONSIBLE PERSON A. OJ, L i~ n ~:_i ol i t: o i rln.G t: The responsible person shall post the appropriate signs in the~, puh~l i.c~ p~l a~ce~ a~s~, fo~l lows~~ r O w a.~ w C!> O (1)1 S'mo3~i nc~ mi Lted 'llr(:, dea.iqlii,itec31 areas .in wlii.clr ,moki'ng is per.mi L-t:cd shall be posl-ed, willl signs usinc2, tlic words "Smokinq Pe'rmi.ttcd"'. (2), Nd Smok i nd fvcr'Wn1oki ni l rll- oaS sFr;:>t].1 l) c: pUSL•c:d ' wi.l':h Sicl1lI;j usilnrr Lltie wor.-dso u(\IK1 i l'irt", t . ~ _

, . . 0 1' fac:u inc ri l.._ c,1`_ t; i J .11 ~ C-7nici ('a)' "Smok.i.ng I'erinitteca" and "No Swoleitui"' si:c1n:5 shi-1I'l l,c hoslr.ci' i_n c oicspicuot~s ~~l.aecs ~~iicll s;lh~~1 l. 1~~• l:nrc~c~ enough in size to he clcarly vi:siblie.. (ib) In all entry ways in which this Smoking,--Clean Indoor Air artic:le applies, there shall be a clearly visible sign, with tlae statement "In accordance with the hlest- - chester County Clean Indoor Air Code, ;.rnok.inq is Pro- hibiLed Dxcept in Designatcd 1lreas" . (4) ~~ Interference w~~ith~ No~tice~~s~~ No person shaill remove, mutilate, or conceal any nioLi,ce by placard of the Department of F1Tealth posted in, or on any premises or public place except by permission of the Commissioner. . (5), Health Care Facilities The requirement for posting of app,ropi.-i:ate sigi>>s Wiiill be satisfied in patient or resident roorns if there is at least one sign at the entrance to each floor and wing which states: °Smoking is prohibited except in desiginiatcd areas". , D. 11l'ternatiive to Posting In lieu of sign provisions spec:ifi'ed' above in :;rct.i.oil V, Part A of this llrticle, a responsible person sliiall be irl coinpliancee with the law if all tables in the "'No Smoking" arca arc-ielentified by a table top device authorized by the Commissioner of tlealth or hi:.s atikhorized representat-.iivr. C'. Receptacles ltecept-Zc1'es slizll be prov-ided aL Lhe boundary oL "No-Swc,l:i:ri<y," and ".;moking 1?ermiL-ted"" 'ted'"' areas for 4iahe use oi.' paLrojis c,:cl:i1iigcri;s1h- ing any tobacco product before entry into the "No Smoking", area. D. Request The responsible person shall aak smol:ors to refraiin Erom smoking upon request of a client or employee suffering d.i.s- conlfort from the smoke. - -5-

. 4 0 S'~LC'1'TON VI - AP'PL1CA'I'1O'N~ P'OR'~ VA~~RT~,NNI~CI;~~. 11_ Powers of the Commissioner The Comrnissioner of Health or his authorized represecrLative upon the receipt and review'of an application for variance sub- mi:tted pursuant to this Article, may grant to a public pLace aivariance from specified provisions of this Article, provid'ed however, that such variance will always protect the rights of non-smokers by reserving at all, times a ni:inimal "No Smolci.ncl" section. . Written Ap~ .~~~1 iication To,appl:y for variance the responsible person for a public place shall submit a written applicat.ionito the Westchester CountyDepartment of Idealth stating the grounds for the variance. The Department has the right to req;uest any other information reasonably necessary to determi.ne the merits of the waiver application. Failure to submit such, requuested in-~ formationimay result in denial of the variance application. C. Criteria. An app.l'icant for variance shall have the burden to provide clear and convincing evidence to dcrno istrate that ocne or more _of the following conditions exist to nece>ssi.t.aL-e a variance: (,1), Inrpl.eiuerrLaLio.n of L'liis Ar.ti'c.l.e is nnt. cause of raictors~ of size or nature of 1.+hc i,uhl.ic.: Place. (2') Intplementation of this Article is rloi feasib7e of ai clientele of smok.ers larger in number than scrats d'ec->icJnatcd: for "'Smokicnd uii1c3e:r vi:;i.on:; ol' Ll)Jjs> 11rLicile. hecause the thepro- D. Should a variance be granted pursuant to the provisions of this Zlrticle,, an ad'equatc ventilation sysLeni of the public hlilce should be provided. ' T3. Notwithstnndling.any otherr provision of tlais Article, 110 apI)1i- cant will hc g,ranted a variance in contrridiction of any Itule Regulati:on or Law of L-he State of New York or of thr United States of America or political subcli.visi.on tliereol. -6-

r r r. r 41 « .SIi:C'i"IQ[VI V:>rT' - S'1GVEI1T113UI'I"Y lC any c.l,aur,e, :;entotrce, pnrarJrrrpli, noWnn or parl: of Ai,, 11rt i.c 1 eahZ l.l. he uca _l ttdklc*d"y nriy e.e>vru't`. OJ- UUrupMet!r L J w ri,::- dictioi7:-to be invalid'„ suc}1-judgment shall not affect, impair or invalidate the remainder thereof, but shall he confined in its operation to the clause, sentence paragraph, section or partthereof directly involved in.the controversy in which such j•udgment shall been rend'ered.,