§ 1399-o. Smoking and vaping restrictions. 1. Smoking and vaping shall
not be permitted and no person shall smoke or vape in the following
indoor areas:

a. places of employment;

b. bars;

c. food service establishments, except as provided in subdivision six
of section thirteen hundred ninety-nine-q of this article;

d. enclosed indoor areas open to the public containing a swimming
pool;

e. public means of mass transportation, including subways, underground
subway stations, and when occupied by passengers, buses, vans, taxicabs
and limousines;

f. ticketing, boarding and waiting areas in public transportation
terminals;

g. youth centers and facilities for detention as defined in sections
five hundred twenty-seven-a and five hundred three of the executive law;

h. any facility that provides child care services as defined in
section four hundred ten-p of the social services law, provided,
however, that rooms in such a facility that is a private home shall be
regulated by this paragraph as follows:

(i) when such private home is not required to be licensed or
registered for such services by the office of children and family
services, rooms in such home are excluded from the prohibition of this
paragraph during periods when children receiving such services are not
present; and

(ii) when such private home is required to be licensed or registered
for such services by the office of children and family services, rooms
in such home are included within the prohibition of this paragraph,
regardless of whether or not children receiving such services are
present.

i. child day care centers as defined in section three hundred ninety
of the social services law and child day care centers licensed by the
city of New York;

j. group homes for children as defined in section three hundred
seventy-one of the social services law;

k. public institutions for children as defined in section three
hundred seventy-one of the social services law;

l. residential treatment facilities for children and youth as defined
in section 1.03 of the mental hygiene law;

m. all public and private colleges, universities and other educational
and vocational institutions, including dormitories, residence halls, and
other group residential facilities that are owned or operated by such
colleges, universities and other educational and vocational
institutions, except that these restrictions shall not apply in any
off-campus residential unit occupied by a person who is not enrolled as
an undergraduate student in such college, university or other
educational or vocational institution;

n. general hospitals and residential health care facilities as defined
in article twenty-eight of this chapter, and other health care
facilities licensed by the state in which persons reside; provided,
however, that the provisions of this subdivision shall not prohibit
smoking and vaping by patients in separate enclosed rooms of residential
health care facilities, adult care facilities established or certified
under title two of article seven of the social services law, community
mental health residences established under section 41.44 of the mental
hygiene law, or facilities where day treatment programs are provided,
which are designated as smoking and vaping rooms for patients of such
facilities or programs;

o. commercial establishments used for the purpose of carrying on or
exercising any trade, profession, vocation or charitable activity;

p. indoor arenas;

q. zoos; and

r. bingo facilities.

2. Smoking and vaping shall not be permitted and no person shall smoke
or vape in the following outdoor areas:

a. ticketing, boarding or platform areas of railroad stations operated
by the metropolitan transportation authority or its subsidiaries.

b. on the grounds of general hospitals and residential health care
facilities as defined in article twenty-eight of this chapter, within
fifteen feet of a building entrance or exit or within fifteen feet of
the entrance to or exit from the grounds of any such general hospital or
residential health care facility. This subdivision shall not prohibit
smoking and vaping by a patient or a visitor or guest of a patient of a
residential health care facility in a separate area on the grounds
designated as a smoking and vaping area by the residential health care
facility, provided such designated smoking and vaping area is not within
thirty feet of any building structure (other than a non-residential
structure wholly contained within the designated smoking and vaping
area), including any overhang, canopy, awning, entrance, exit, window,
intake or exhaust.

3. Smoking and vaping shall not be permitted and no person shall smoke
or vape within one hundred feet of the entrances, exits or outdoor areas
of any public or private elementary or secondary schools; provided,
however, that the provisions of this subdivision shall not apply to
smoking or vaping in a residence, or within the real property boundary
lines of such residential real property. The provisions of section
thirteen hundred ninety-nine-p of this article shall not apply to this
subdivision.

4. Smoking and vaping shall not be permitted and no person shall smoke
or vape within one hundred feet of the entrances, exits or outdoor areas
of any after-school program licensed or registered pursuant to section
three hundred ninety of the social services law; provided, however, that
the provisions of this subdivision shall only apply on those days and
during those hours in which such after-school programs are operational;
and provided, further, that the provisions of this subdivision shall not
apply to smoking or vaping in a residence, or within the real property
boundary lines of such residential real property.

5. a. Use of an electronic cigarette or e-cigarette shall not be
permitted on school grounds, as defined in subdivision six of section
thirteen hundred ninety-nine-n of this article.

b. "Electronic cigarette" or "e-cigarette" shall have the same meaning
as in subdivision thirteen of section thirteen hundred ninety-nine-aa of
this chapter.

6. Smoking shall not be permitted and no person shall smoke within one
hundred feet of the entrances, exits or outdoor areas of any public or
association library as defined in subdivision two of section two hundred
fifty-three of the education law; provided, however, that the provisions
of this subdivision shall not apply to smoking in a residence, or within
the real property boundary lines of such residential real property.