[Added 3-5-2019 by L.L.
No. 2-2019]
This Article shall be known as the "Smoke-Free Adult Care Facilities
Act."
A.
Since 1989, the Clean Indoor Air Act, Public Health Law, Article
13-E, has protected millions of New Yorkers from daily exposure to
deadly secondhand smoke and the illnesses it causes. The Clean Indoor
Air Act prohibits smoking in places of employment, bars, enclosed
indoor areas open to the public that contain a swimming pool, public
means of transportation, ticketing, boarding and waiting areas in
public transportation terminals, schools and school grounds, all public
and private colleges, universities and other educational and vocational
schools, all indoor arenas and zoos.
B.
While smoking is generally prohibited in nearly all indoor and outdoor
public and work places, there are some limited exceptions. Many nonsmokers
who live and work in adult care facilities, residential health care
facilities and community mental health residences remain unprotected
from the hazards of secondhand smoke under New York State Law because
"smoking rooms" are allowed. The secondhand smoke travels through
vents and walls and it is nearly impossible to prevent the smoke and
smell from spreading into other smoke-free rooms, creating an uncomfortable
and unhealthy living situation for other residents. Moreover, employees
and staff members of these facilities are required to clean these
smoking rooms further exposing them to second hand smoke and the dangers
it poses. Currently, there is legislation pending at the state level
(S.4496/A.5061) that would eliminate smoking in these facilities,
however, the legislation has stalled in committee.
C.
The Legislature believes that no resident or employee working in
an adult care facility should be forced to risk his or her health
by being exposed to second hand smoke.
D.
The Legislature hereby finds and determines that it is necessary
to protect vulnerable Rockland County residents from the dangers of
second-hand smoke by prohibiting smoking in all adult care facilities,
residential health care facilities and community mental health residences.
As used in this article, the following terms shall have the
meanings indicated:
A family-type home for adults, a shelter for adults, a residence
for adults, an enriched housing program or an adult home, which provides
temporary or long-term residential care and services to adults, who,
though not requiring continual medical or nursing care as provided
by facilities licensed pursuant to Article 28 of the Public Health
Law or Articles 19, 23, 31 and 32 of the Mental Hygiene Law, are by
reason of physical or other limitations associated with age, physical
or mental disabilities or other factors, unable or substantially unable
to live independently.
Any residence for the mentally ill established under § 41.44
of the Mental Hygiene Law.
A corporation, partnership, unincorporated association or
individual operating a day treatment program which is certified pursuant
to Article 16 of the Mental Hygiene Law.
A battery-powered device that emits doses of vaporized nicotine
that are inhaled.
Any individual, firm, corporation, association, partnership,
institution, public body, joint-stock association or any other group
of individuals, and includes the plural as well as the singular.
A nursing home or a facility providing health-related service
as defined in Article 28 of the Public Health Law.
The inhaling, exhaling, burning or carrying any lighted or
heated cigar, cigarette, electronic cigarette, pipe or any lighted
or heated tobacco or plant product intended for inhalation, including
hookahs and marijuana, whether natural or synthetic, in any manner
or in any form.
Any product made or derived from tobacco that is intended
for human consumption, including, but not limited to, any component,
part or accessory of a tobacco product, whether or not the product
contains nicotine, cigarettes, chewing tobacco, cigars, powdered tobacco,
shisha, herbal cigarettes, electronic cigarettes, electronic liquids,
rolling paper and smoking paraphernalia.
The use of an electronic cigarette.
Smoking and vaping shall not be permitted and no person shall
be allowed to smoke or vape inside any adult care facility, residential
health care facility, community mental health residence or facility
where day treatment programs are provided.
The Rockland County Department of Health shall enforce this article in accordance with the procedures set forth in Article I of the Rockland County Sanitary Code. The Rockland County Department of Health Commissioner or his/her designee shall be authorized to serve official notices of violation of this article.
Any adult care facility, residential health care facility, community
mental health residence or facility where day treatment programs are
provided that violates any provision of this article shall be subject
to the imposition of a civil penalty by the Commissioner of the Department
of Health Services not exceeding $2,000 per day per violation in accordance
with the Rockland County Sanitary Code.
This article shall be null and void on the day that statewide
legislation goes into effect, incorporating either the same or substantially
similar provisions as are contained in this article, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Rockland.
The County Legislature may determine by resolution whether or not
identical or substantially similar statewide legislation or pertinent
preempting state or federal regulations have been enacted for the
purposes of triggering the provisions of this section.
This article shall apply to all smoking prohibited on or after
the effective date of this article.
If any clause, sentence, paragraph, subdivision, section or
part of this local law or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.
This local law shall take effect 90 days after it is filed with
the New York State Secretary of State.
