"NO SMOKING OR ELECTRONIC CIGARETTE USE" NYC SMOKE FREE ACT (Title 24, §10-12)
NYC NO SMOKING SIGN RULES :
Important Notice to Operators of Residential Buildings With Three or More Dwelling Units as of February 24, 2018
Rules of the City of New York, Title 24, §10-12.-BUY NOW
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 FOLLOW GUIDELINE in height and 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
For More information
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.
- 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
- 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.
Smoke-Free Air Act of 2002: 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
- 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.
§ 17-506 Posting of signs
a. Except as may otherwise be provided by rules promulgated by the commissioner, "Smoking" or "No Smoking" signs, or the international symbols indicating the same, and any other signs necessary to comply with the provisions of this chapter shall be prominently and conspicuously posted where smoking is either prohibited, permitted or otherwise regulated by this chapter, by the owner, operator, manager or other person having control of such area. The size, style and location of such signs shall be determined in accordance with rules promulgated by the commissioner, but in promulgating such rules, the commissioner shall take into consideration the concerns of the various types of establishments regulated herein with respect to the style and design of such signs.
b. In addition to the posting of signs as provided in subdivision a, every owner, manager or operator of a theatre which exhibits motion pictures to the public shall show upon the screen for at least five seconds prior to the showing of each feature motion picture, information indicating that smoking is prohibited within the premises.
c. The owner, operator or manager of a hotel or motel that chooses to develop and implement a smoking policy for rooms rented to guests shall post a notice at the reception area of the establishment as to the availability, upon request, of smoke-free rooms.
CITY OF NEW YORK, TITLE 24, §10-12 SIGNS
(a) "NO SMOKING" and "NO ELECTRONIC CIGARETTE USE" signs or "NO SMOKING OR ELECTRONIC CIGARETTE USE" signs indicating that smoking, and using electronic cigarettes, are prohibited shall be conspicuously posted so that they are clearly visible in lobbies and other appropriate locations of buildings and structures where smoking, and using electronic cigarettes, are prohibited by the Act and these rules.
“SMOKING PERMITTED” or “ELECTRONIC CIGARETTE USE PERMITTED” signs or “SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED” signs shall be posted outside the entrances to and within [;separate smoking rooms and]; enclosed rooms for smoking and electronic cigarette use. Such signs shall also be posted within tobacco and electronic cigarette promotion public events, as defined in the Act and these rules. “SMOKING PERMITTED” signs must also be posted within registered tobacco bars and registered membership associations, as defined in the Act and these rules.
All signs required to be posted pursuant to the Act shall conform to the following specifications:
(i) Lettering and symbols shall FOLLOW THE RULES BY THE CITY OF NEW YORK
(ii) The size of lettering or symbols on “SMOKING PERMITTED” and “ELECTRONIC CIGARETTE USE PERMITTED” and “SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED” signs shall not exceed the size of lettering or symbols on “NO SMOKING” and “NO ELECTRONIC CIGARETTE USE” and “NO SMOKING OR USING ELECTRONIC CIGARETTES” signs in the same establishment.
(iii) Signs shall be printed on durable material.
(iv) Wording and symbols listed below are 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”
(B) Smoking permitted sign, including the warning in subparagraph (D) of this paragraph:
(1) “SMOKING PERMITTED IN THIS ROOM” or
(2) “SMOKING PERMITTED”
(C) No smoking except in enclosed room for smoking sign, to be posted within establishments where smoking is permitted by the Act and these rules: “NO SMOKING EXCEPT IN ENCLOSED ROOM”
(D) All “SMOKING PERMITTED” and “SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED” signs shall include the following warning: “WARNING: TOBACCO SMOKE CAUSES CANCER, HEART DISEASE, AND LUNG DISEASE, AND CAN HARM YOUR BABY.”
(E) No electronic cigarette use signs: “NO ELECTRONIC CIGARETTE USE”
(F) Electronic cigarette use permitted sign:
(1) “ELECTRONIC CIGARETTE USE PERMITTED IN THIS ROOM” or
(2) “ELECTRONIC CIGARETTE USE PERMITTED” or
(G) No using electronic cigarettes except in enclosed room for electronic cigarette use sign, to be posted within establishments where electronic cigarette use is permitted by the Act and these rules: “NO ELECTRONIC CIGARETTE USE EXCEPT IN ENCLOSED ROOM”
(H) No smoking and electronic cigarette use signs: “NO SMOKING OR ELECTRONIC CIGARETTE USE”
(I) Smoking and electronic cigarette use permitted signs, including the warning in subparagraph (D) of this paragraph:
(1) “SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED IN THIS ROOM” or
(2) “SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED”
(J) No smoking and using electronic cigarettes except in enclosed room for smoking and electronic cigarette use sign, to be posted within establishments where smoking and electronic cigarette use is permitted by the Act and these rules: “NO SMOKING OR USING ELECTRONIC CIGARETTES EXCEPT IN ENCLOSED ROOM”
Signs shall not be required to be posted in areas not regulated by the Act or these rules.
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For more information about what is required, see the laws that are referenced and the rules applicable to your city and state. This page is for informational purposes only and is not intended as legal advice, professional advice or a statement of law. You may wish to consult with an attorney.