New York's Clean Indoor Air Act

On July 31, 2003 New York state became one of the 'No Smoking' state when it's Clean Indoor Air Act went into effect. This act restricts where smoking any tobacco products can occur. Individuals who smoke, as well as businesses, are affected by the regulations set forth in this statewide act. Because of this, these individuals should study the New York Clean Indoor Air Act carefully to avoid violating it and facing penalties for these violations.

The Clean Indoor Air Act of New York plainly states that smoking is prohibited in any indoor areas including, but not limited to work areas, bare, establishments that serve food, indoor public swimming pools and any public transportation vehicles or waiting rooms associated with public transportation. Smoking is also prohibited in youth centers and detention centers as well as child care centers. Other smoke-free areas are children group homes; educational facilities, both public and private; children's residential treatment facilities and any medical centers.

Commercial establishments are also areas where smoking is banned when they are used for "carrying or exercising any trade, profession, vocation or charitable activity." Indoor arenas, zoos and bingo facilities are also among the areas that are smoke-free in the state of New York.

Virtually all businesses in the state of New York must have signs posted so the public is aware if the establishment is smoke-free or not. These signs can either have "Smoking" or "No Smoking" written on them or they can have the international symbol for no smoking, which is a picture of a cigarette inside a circle with a red bar going diagonally across the cigarette. Posting these signs in the appropriate locations and maintaining them is the responsibility of the owner of the business where they are posted, or a representative of the business.

Not all locations in New York state are areas where smoking is banned. The New York Clean Air Act states that smoking is permitted in private homes, residences and vehicles; designated guest rooms in businesses that have overnight accommodations for rent and retail tobacco stores. Smoking is also permitted in facilities associated with private organizations that require membership. These organizations must have all their organizational duties performed by unpaid members at any and all functions. Other areas where smoking is permitted is cigar bars that receive ten percent of their gross income from the sale of tobacco products and from the rental revenue from tobacco equipment, and have not changed the size of the building or the location.

One other location that can legally allow smoking to occur in New York state is at food serving establishments that have an outdoor area serving area. This outdoor area is the only area in the establishment where smoking can be allowed and it has to have no structures that would restrict the flow of the second-hand smoke from leaving the area. But, these designated smoking areas outdoors can only be 25% of the total outdoor seating capacity of the establishment and the designated smoking area must be located at least three feet from the smoke-free area of the establishment. Proper signs must also be posted that designate the area as a smoking area.

Violators of the New York Clean Indoor Air Act can face civil penalties of up to $2000 for each violation and an injunction by the attorney general. When faced with these types of penalties, smokers in New York would do well to inform themselves of where they can and cannot legally smoke.