NO SMOKING OR ELECTRONIC CIGARETTE (City of New York, Title 24, §10-12)

NYC Smoke-Free Air Act sign (SFAA sign)

The Smoke Free Air Act (SFAA), in effect since March 30, 2003, prohibits smoking in virtually all workplaces and indoor recreational venues. As an amendment to the 1995 Smoke- Free Air Act, it extends rules on smoking to all restaurants and most bars regardless of the number of seats they offer and regardless of their size. The law also restricts smoking in some outdoor restaurants and bar seating areas.

 

What is the Smoke free air act ? Smoke-Free Air Act -Tenant/Landlord Fact sheet: Smoking or using electronic cigarettes is prohibited in common indoor areas of buildings with three or more residential units. Common indoor areas of residential buildings include: Hallways ,Stairwells,Lobbies,Laundry rooms,Basement ,Other work areas of the building used by tenants or by maintenance and building personnel

 

In all common indoor areas of the building, building owners must display either:

Separate “No smoking" and "No electronic cigarette use" signs.

A single sign that says “No smoking or electronic cigarette use".

 

Owners of residential buildings are responsible for all violations reported concerning the Smoke Free Air Act and may incur penalties if they fail to comply with the law. Smoking and electronic cigarette use is not prohibited in apartments or other private residences, except in areas where child day care centers or health care facilities operate and are open or employees are working.

 

Important Notice to Operators of Residential Buildings With Three or More Dwelling Units as of February 24, 2018

Starting February 24, 2018, smoking or using electronic cigarettes (e- cigarettes) will be prohibited in common areas of residential buildings with three or more dwelling units.

New York City recently passed a law (Local Law 141) prohibiting smoking or the use of e-cigarettes in common areas of private residences with three or more units. This law amends the City’s Smoke-Free Air Act, which currently states that smoking and using e-cigarettes in common areas of private residences with ten or more units is not allowed. Local Law 141 extends the City’s Smoke-Free Air Act to a greater number of private residences - specifically those that have between three and nine units. This law goes into effect on February 24. 2018.

As a result of this law, residential buildings with more than three dwelling units must post “NO SMOKING" and “NO ELECTRONIC CIGARETTE” signs.

These signs must be clearly visible to residents and should be posted in lobbies, and in other locations if needed, as required by the New York City Administrative Code §17-506 and the Rules of the City of New York, Title 24, §10-12. See the other side of this letter for more details on these requirements.

If you have questions about this law or the Smoke-Free Air Act, call 311.

 

Rules of the City of New York, Title 24, §10-12

Rule §10-12 provides in pertinent part as follows:

(c) All signs required to be posted pursuant to the Act shall conform to the following specifications:

(i) Lettering and symbols shall be at least one-half (1/2) inch in height and shall be color

contrasted so that all information is clear, conspicuous, and easily readable.

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(iii)          Signs shall be printed on durable material.

(iv)         Wording and symbols listed below are [Health] Department-approved. However, except for the Warning set forth in subparagraph (c)(iv)(D) of this section, other similar wording may be used.

(A) No smoking signs:

(1)          International symbol or

(2)          “NO SMOKING"

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(E) No electronic cigarette use signs:

“NO ELECTRONIC CIGARETTE USE"

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(H) No smoking and electronic cigarette use signs:

“NO SMOKING OR ELECTRONIC CIGARETTE USE”

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(d) Signs shall not be required to be posted in areas not regulated by the Act or these rules

 

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No Smoking and Electronic Cigarette Use Signs

“No Smoking, Electronic Cigarette Use, and Smokeless Use” signs must be prominently and conspicuously posted in any indoor space where smoking, using electronic cigarettes or using smokeless tobacco is prohibited. The Smoke Free Air Act states the requirements of the sign

 

Residential Building Policy Disclosure

Effective August 28, 2018, residential buildings with three or more units are required to create a policy on smoking and disclose it to tenants and prospective tenants.Building owners who fail to create and disclose a policy on smoking will be subject to fines.

Disclosure of Policies on Smoking in Residential Buildings: What You Need to Know ?

 

Smoke-Free Air Act of 2002: Tenant/Landlord Factsheet

 Smoking or using electronic cigarettes is prohibited in common indoor areas of buildings with three or more residential units.

  1. Common indoor areas of residential buildings include:
    • Hallways
    • Stairwells
    • Lobbies
    • Laundry rooms
    • Other work areas of the building used by tenants or by maintenance and building personnel
  2. In all common indoor areas of the building, building owners must display either:
    • Separate “No smoking" and "No electronic cigarette use" signs.
    • A single sign that says “No smoking or electronic cigarette use".
  3. Owners of residential buildings are responsible for all violations reported concerning the Smoke Free Air Act and may incur penalties if they fail to comply with the law.
  4. Smoking and electronic cigarette use is not prohibited in apartments or other private residences, except in areas where child day care centers or health care facilities operate and are open or employees are working.

New York City mandates that residential buildings with three or more units establish and disclose a smoking policy, as per Local Law 147. Additionally, the Smoke-Free Air Act (SFAA) prohibits smoking and the use of electronic cigarettes (vaping) in common indoor areas of residential buildings.

Signage Requirements:     

  • Purpose: To inform residents and visitors of the building's smoking policy
  • Content: Signs must clearly state "No Smoking" and "No Electronic Cigarette Use" or use the international symbols indicating the same.
  • Design Specifications:
    • Lettering and Symbols: At least one-half (½) inch in height, color-contrasted for clarity and readability.
    • Material: Printed on durable material.
    • Wording: Approved phrases include "NO SMOKING," "NO ELECTRONIC CIGARETTE USE," or a combined "NO SMOKING OR ELECTRONIC CIGARETTE USE."

Installation Locations:

  • Common Indoor Areas: Signs must be prominently and conspicuously posted in all common indoor areas where smoking and electronic cigarette use are prohibited. This includes:
    • Hallways
    • Stairwells
    • Lobbies
    • Laundry rooms
    • Other shared spaces used by tenants or building personnel
  • Visibility: Ensure signs are clearly visible to all residents and visitors upon entering and within these common areas.

Regulatory References:

  • Smoke-Free Air Act (SFAA): Prohibits smoking and vaping in common indoor areas of residential buildings.
  • Local Law 147: Requires residential buildings with three or more units to establish and disclose a smoking policy.
  • Rules of the City of New York, Title 24, §10-12: Specifies the design and posting requirements for "No Smoking" and "No Electronic Cigarette Use" signs.

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