Q: Who enforces the CIAA?
The law requires the owner, operator, manager or person in charge to make
a good faith effort to ensure employees and customers comply with the law.
The local enforcement officer will respond to complaints received pertaining
to the failure to comply with the CIAA.
Q: What are the criteria for taking enforcement?
The enforcement officer documents that the CIAA is not being implemented by
the owner, operator, manager or person in charge of a facility, and initiates
the actions necessary to assess a penalty.
Q: Who determines the amounts of the
fines?
The enforcement officer for a city or county health department can assess
a penalty of up to $1,000 for each violation. In areas where the State Health
Department is the enforcement officer a fine of up to $2,000 can be assessed.
In many cases, fines may start at a lower amount and be increased if repetitive
violations occur.
Q: Can you smoke outside a bar?
Yes. The outside restriction only applies to food service establishments.
See Notes for additional
discussion on this topic.
Q: What are the procedures for filing
a complaint and investigating a complaint?
A complaint can be filed by contacting the local enforcement office. The investigation
may include sending a letter requesting information on how the establishment
or work site is implementing the CIAA or a site visit to assess compliance.
Both should include educational information regarding the CIAA.
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Q: Does the local enforcement officer
have to witness inappropriate smoking to take enforcement?
No, but they must get credible evidence that it occurred.
Q: Should food inspectors be able to
do a brief survey of compliance as part of their routine inspections?
Yes. If smoking or evidence of smoking is noted the inspector should address
the subject and provide written information regarding the CIAA. The enforcement
officer should also enter a complaint into eHIPS with a follow-up letter to
the establishment requesting information on how they will implement the CIAA.
Q: Are vending machines in bars and restaurants
illegal since there’s no smoking?
No. Cigarettes may be purchased from a vending machine but can not be smoked
in the bar or restaurant.
Q: If an operator has a license to sell
cigars, does that make them a cigar bar?
No. A cigar bar would have to have been in existence prior to December 31,
2002 and generated ten percent or more of its total annual gross from the
on-site sale of tobacco products.
Q: Is smoking allowed in college dorm
rooms?
Yes, it is considered a private residence as the State Act is written. However,
individual institutions may have regulations that prohibit smoking in dorm
rooms.
Q: Is smoking allowed in company vehicles
if all riders agree?
No. It is specifically identified as a place of employment where smoking is
not permitted.
Q: Can someone smoke in their private
office in a commercial work establishment?
No.
Q: What constitutes a ceiling enclosure
in outdoor eating area (umbrellas, awnings)?
A continuous structure that protects an outside seating area from the elements
is a ceiling enclosure. An umbrella would not constitute a ceiling enclosure.
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Q: What organizations are exempt
from the regulations?
Membership associations where all the duties with respect to the operation
are performed by members of such membership and who do not receive compensation
of any kind from the membership association or any other entity for performing
this duty. Compensation includes free membership, salary and/or tips.
Q: Will waivers be granted for financial
hardship?
There are no criteria established for financial hardship so no waivers can
be granted.
Q: Will existing waivers be valid?
Although it appears that existing waivers are no longer valid, a legal review
of issued specific waivers may be needed before a final decision is made.
Q: Will bingo games in churches and
civic organizations be exempt?
No as they are specifically listed as a place where smoking is not allowed
1399(o)(18).
Q: Does the Act apply to firehouses?
If the firehouse is a membership organization where all the duties are performed
by volunteers it does not, however, if there are any paid employees the Act
would apply.
Q: What if a patron refuses to stop
smoking?
The owner, operator, manager or person in charge should make a reasonable
effort to obtain compliance. If the person becomes disorderly or unruly the
local police should be contacted.
Q: Who enforces the no smoking requirement
for cleaning crews who are outside employees?
The employer of the cleaning crews is responsible for the behavior of their
employees. Establishments who hire cleaning crews also have an obligation
to prevent smoking in a prohibited area.
Q: Can you smoke in a bar that is owner
operated with no employees?
No. Bars are specifically identified as an area where smoking is not to occur
1399(o)(2).
Q: Are there restrictions as to where
smoking can occur outdoors at a workplace?
There has been no specific guidance provided on where outdoors smoking may
occur, except for school property and restaurants.
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If you smoke and want to quit, or know someone who wants to quit call the
New York State Smokers’ Quit Line at 1-866-NY-QUITS (1-866-697-8487)
for free helpful information, or visit www.nysmokefree.com.
