Information

New Law Restricting Hookah Bars

By The NYC Hospitality Alliance

October 20, 2017

As part of the city government's ongoing effort to curb smoking in the five boroughs, Mayor Bill de Blasio signed a law this week that puts new restrictions on hookah bars.

Using hookah to smoke tobacco indoors has been illegal since 2003, when Mayor Bloomberg passed the indoor smoking ban.  Since then, businesses that want to allow hookah have used non-tobacco products such as shisha, in order to get around the law. 
 
The new law partially closes that loophole by banning the use of hookah, even when the product contains no tobacco, for all but true hookah bars.
 
Under the law, only businesses that generate 50% or more of their annual gross receipts from the sale of hookah products may continue to allow non-tobacco hookah smoking at their establishments.  All others are completely banned from allowing any hookah.
 
True hookah bars must now obtain a permit from the Health Department, restrict entry to those 21 and older, and are subject to a variety of health, safety, and recordkeeping regulations.
 
The bottom line is if you are a true hookah bar, you may continue to operate, but must get a permit.  On the other hand, if hookah is part of your business but not the main component, you must stop allowing hookah, even if the product contains no tobacco.
 
Read Transcription of PDF Int. No. 139-C

Int. No. 139-C By Council Members Gentile, Koo, Vacca, Cabrera, Johnson, Tones, Rodriguez, King, Dromm, Palma, Richards, Treyger, Greenfield, Mendez, Eugene, Barron, Maisel, Salamanca, Lander, Mealy, Cohen, Rosenthal, Miller, Rose, Cumbo, Koslowitz, Vallone, Menchaca and Ulrich A Local Law to amend the administrative code of the city of New York, in relation to the regulation of non-tobacco smoking products, and to amend the fire code of the city of New York, and the New York city mechanical code, in relation to the operation of non-tobacco hookah establishments Be it enacted by the Council as follows: 1 Section 1. Legislative findings. The Council finds that smoking is a leading cause of 2 preventable premature death in New York City, killing thousands of New Yorkers every year 3 and increasing the risks of lung cancer, heart disease, and many other health hazards. The City 4 responded to this threat by enacting the Smoke-Free Air Act in 1988, amending it in 2002 to 5 restrict tobacco smoking in various indoor and outdoor public places, and strengthening it several 6 times since 2002. The Smoke-Free Air Act remains a central part of the City's comprehensive 7 program to reduce exposure to environmental toxicants produced by smoking and to reduce and 8 prevent tobacco use. 9 Despite substantial progress in reducing both environmental smoke exposure and 10 smoking rates among adults and youth, the use of water-pipes, or hookah smoking, is increasing 11 and threatens the progress the City has made to reduce tobacco use by residents and visitors to 12 the City. The number of establishments in the City advertising hookah on Yelp! is almost five 13 times higher than it was in 2012. Disturbingly, hookah is especially popular among the City's 14 youth. Between 2008 and 2016, the percentage of middle school students in the City who have 15 smoked hookah increased from 2.9 percent to 5.6 percent. As of 2016, the percentage of high 16 school students who have smoked hookah is 16.4 percent. The increase in younger New Yorkers' 17 hookah smoking is particularly troubling because some studies suggest youth who smoke hookah 18 may be more likely to try cigarettes. 19 The Council finds that hookah smoking, regardless of whether the shisha contains 20 tobacco, poses significant health risks to smokers and nonsmokers, including employees at 21 establishments that serve hookah. All hookah smoking involves burning charcoal, which is used 22 to heat the shisha. The charcoal alone creates health hazards for smokers and those exposed to 23 secondhand smoke by emitting carbon monoxide, fine particulate matter, and various toxicants. 24 In addition, non-tobacco shisha has been shown to emit harmful substances in equal or greater 25 quantities as tobacco-containing shisha, including carbon monoxide, polycyclic aromatic 26 hydrocarbons, fine particulate matter, tar, and volatile aldehydes. While risks associated with 27 non-tobacco hookah smoking are clear, air quality in the City's hookah establishments is 28 complicated further by evidence that many hookah establishments have been found to be 29 violating the Smoke-Free Air Act by serving shisha that contains tobacco. In addition to the 30 toxicants emitted by non-tobacco shisha, tobacco-containing shisha has been shown to emit 31 phenols, nicotine, and NNAL, a tobacco-specific nitrosamine. Thus, unsuspecting patrons of 32 hookah establishments may be consuming tobacco unwittingly, in addition to the harmful 33 substances emitted by charcoal and tobacco shisha. 34 The Council further finds that regulating non-tobacco smoking would promote 35 enforcement of the City's Smoke-Free Air Act and Fire Code. Regulating non-tobacco hookah 36 establishments would also likely strengthen the City's ability to promote compliance with the 37 Smoke-Free Air Act by preventing non-tobacco hookah establishments from serving tobacco-38 containing shisha to unsuspecting consumers. Moreover, reasonable precautionary regulations 2 39 will minimize the risk that hookah pipes and charcoals may contribute to the creation of fire 40 hazards. 41 The Council hereby declares that this local law responds to the significant health hazards 42 posed by hookah smoking in the following ways: (1) it protects the integrity of the City's 43 Smoke-Free Air Act, which was intended to provide all New Yorkers with access to clean air in 44 public places and workplaces, by discouraging smoking and reducing exposure to secondhand 45 smoke for nonsmokers; (2) it continues the City's efforts to de-normalize smoking and reduce 46 tobacco dependence; and (3) it restricts access to establishments where hookah smoking can take 47 place. 48 § 2. Subdivision y of section 17-502 of the administrative code of the city of New York, 49 as amended by local law number 5 for the year 1995, is amended to read as follows: 50 y. "Smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar, 51 cigarette, little cigar, pipe, water pipe, herbal cigarette, non-tobacco smoking product, or 52 any similar form of lighted object or device [which contains tobacco] designed for human use or 53 consumption by the inhalation of smoke. 54 § 3. Section 17-502 of the administrative code of the city of New York is amended by 55 adding new subdivisions zz and aaa to read as follows: 56 zz. "Non-tobacco smoking product" means any product that does not contain tobacco or 57 nicotine and that is designed for human use or consumption by the inhalation of smoke, 58 including but not limited to (i) pipes, water pipes, rolling papers, and any other component, part, 59 or accessory of such product and (ii) shisha, as defined in subdivision z of section 17-702, 60 provided that such shisha does not contain tobacco or nicotine. 3 61 aaa. "Non-tobacco hookah establishment" means an establishment that, as of the date of 62 enactment of the local law that added this subdivision, generated fifty percent or more of its total 63 annual gross sales during the preceding calendar year from the on-site sale of non-tobacco 64 smoking products, and that has a permit issued by the department pursuant to section 17-513.5. 65 § 4. Paragraph 6 of subdivision a of section 17-503 of the administrative code of the city 66 of New York, as amended by local law number 152 for the year 2013, is amended to read as 67 follows: 68 6. Business establishments (other than retail tobacco stores) including, but not limited 69 to, banks and other financial institutions, catering halls, offices where trade or vocational activity 70 occurs or professional or consumer services are rendered and non-profit entities, including 71 religious institutions; provided however, that this paragraph shall not apply to membership 72 associations, and provided further, however, that this paragraph shall not apply to the smoking of 73 non-tobacco smoking products in non-tobacco hookah establishments. 74 § 5. Section 17-508 of the administrative code of the city of New York is amended by 75 adding new subdivisions 1 and m to read as follows: 76 1. When a person who has been issued a permit to operate a non-tobacco hookah 77 establishment has been found to have been in violation of subdivision a of section 17-508 or 78 subdivision 1 of section 1399-s of the public health law, the commissioner shall revoke the 79 permit issued to such person to operate such non-tobacco hookah establishment. 80 m. A non-tobacco hookah establishment found to be in violation of subdivision a of 81 section 17-508 or subdivision 1 of section 1399-s of the public health law shall be responsible for 82 any expert costs relating to proving such violation. The recovery of the costs authorized by this 4 83 subdivision shall be in addition to any other penalties imposed by this section or by any other 84 provision of law. 85 § 6. The heading of section 17-513.1 of the administrative code of the city of New York, 86 as added by local law number 47 for the year 2002, is amended to read as follows: 87 § 17-513.1 Effective dates for membership associations, owner operated bars,. [and] 88 tobacco bars and non-tobacco hookah establishments. 89 § 7. Section 17-513.1 of the administrative code of the city of New York is amended by 90 adding a new subdivision d to read as follows: 91 d. Any entity that in good faith believes itself to be a non-tobacco hookah establishment 92 shall have 180 days from the effective date of the local law that added this subdivision to apply 93 to the department for a permit as a non-tobacco hookah establishment. No permit application 94 shall be approved by the department for any entity that fails to meet any requirement for a permit 95 contained in subdivision g of section 17-513.5. During the period of time from the effective date 96 of the local law that added this subdivision until the expiration of 180 days, no provision of the 97 local law that added this subdivision, except for the provisions of this section, shall apply to such 98 entity. 99 § 8. Chapter 5 of title 17 of the administrative code of the city of New York is amended 100 by adding a new section 17-513.5 to read as follows: 101 § 17-513.5 Non-tobacco hookah establishments. 102 a. It shall be unlawful for a person to operate a non-tobacco hookah establishment 103 without a permit from the department. 104 b. A permit issued pursuant to this section shall be valid for one year. 105 c. A permit issued pursuant to this section is not assignable or transferrable. 5 106 d. Where any person becomes the beneficial owner of 10 percent or more of the stock of 107 an organization to which a permit has been granted pursuant to this section, if such person 108 previously did not hold at least a 10 percent interest, such permit shall immediately become void. 109 e. Any permit issued pursuant to this section shall immediately become void upon the 110 addition or termination of any general partner or upon the dissolution of a partnership that owns 111 a non-tobacco hookah establishment. 112 f. The department may charge a fee of $25 for a permit issued pursuant to this section. 113 g. To obtain and renew a permit issued pursuant to this section for a non-tobacco hookah 114 establishment, a person shall demonstrate that: 115 1. such non-tobacco hookah establishment generated 50 percent or more of its total 116 annual gross sales during the preceding calendar year from the on-site sale of non-tobacco 117 smoking products; 118 2. such non-tobacco hookah establishment has been operating as a non-tobacco hookah 119 establishment since at least the date of enactment of the local law that created this section, and 120 has not expanded its size or changed its location on or after the date of enactment of the local law 121 that added this section; 122 3. such non-tobacco hookah establishment has not been found to have served shisha 123 containing tobacco or nicotine, in violation of subdivision a of section 17-508 or subdivision 1 of 124 section 1399-s of the public health law, after the effective date of the local law that added this 125 section; 126 4. such non-tobacco hookah establishment does not owe a civil penalty for a violation of 127 any provision of this chapter or of chapter 7 of title 17; and 6 128 5. the permit of such non-tobacco hookah establishment issued pursuant to this section 129 has not been revoked pursuant to subdivision 1 of section 17-508 or subdivision b of section 17-130 716. 131 § 9. The heading of subchapter 2 of chapter 7 of title 17 of the administrative code of the 132 city of New York, as amended by local law number 69 for the year 2009, is amended to read as 133 follows: 134 SUBCHAPTER 2 135 REGULATION OF THE SALE OF FLAVORED TOBACCO PRODUCTS AND 136 REGULATION OF AGE OF ENTRY TO NON-TOBACCO HOOKAH ESTABLISHMENTS 137 § 10. Section 17-716 of the administrative code of the city of New York, as amended by a 138 local law of the city of New York for the year 2017 amending the administrative code of the city 139 of New York, in relation to prohibiting the sale of non-tobacco smoking products to minors and 140 young adults, and repealing subdivision f of section 17-713 and section 17-714 of the 141 administrative code of the city of New York, relating to the sale of herbal cigarettes to 142 individuals under eighteen years of age, as proposed in introduction number 1076-A for the year 143 2016, is amended by adding new subdivisions b and c to read as follows: 144 b. Any person who violates subdivision a of section 17-719 shall be liable for a civil 145 penalty of two hundred dollars for the first violation, and not more than two hundred dollars for 146 each additional violation found on the same day; and five hundred dollars for the second 147 violation and each subsequent violation at the same place of business. A proceeding to recover 148 any such civil penalty shall be commenced by the service of a notice of violation returnable to 149 any tribunal established within the office of administrative trials and hearings or within any 150 agency of the city designated to conduct such proceedings. When a person has been found to be 7 151 in violation of subdivision a of section 17-719 on two or more occasions at a non-tobacco 152 hookah establishment, the commissioner shall revoke the non-tobacco hookah establishment 153 permit issued to such person pursuant to section 17-513.5. 154 c. Any person found to be in violation of subdivision b of section 17-719 shall be liable 155 for a civil penalty of one hundred dollars for the first violation and not more than one hundred 156 dollars for each additional violation found on the same day, and two hundred dollars for each 157 subsequent violation at the same place of business. A proceeding to recover any such civil 158 penalty shall be commenced by the service of a notice of violation returnable to any tribunal 159 established within the office of administrative trials and hearings or within any agency of the city 160 designated to conduct such proceedings. 161 § 11. Chapter 7 of title 17 of the administrative code of the city of New York is amended 162 by adding a new section 17-719 to read as follows: 163 § 17-719 Requirements relating to non-tobacco hookah establishments. 164 a. It shall be unlawful for a person to permit an individual under 21 years of age to enter a 165 non-tobacco hookah establishment during operating hours. Entry into such non-tobacco hookah 166 establishment shall be permitted only to an individual who demonstrates, through a driver's 167 license or other photographic identification card issued by a government entity or educational 168 institution, that the individual is at least 21 years of age. Such identification need not be required 169 of any individual who reasonably appears to be at least 30 years of age, provided, however, that 170 such appearance shall not constitute a defense in any proceeding alleging the granting of 171 permission to enter such an establishment to an individual under 21 years of age. 172 b. Non-tobacco hookah establishments, as defined in section 17-502, shall clean and 173 sanitize the interior of the bowl, stem, hose, base, and any other part of paraphernalia provided to 8 174 customers for smoking non-tobacco smoking products, as defined in section 17-502, in 175 accordance with rules promulgated by the department. 176 § 12. Section 403.3 of the New York city mechanical code, as amended by local law 177 number 141 for the year 2013, is amended to read as follows: 178 403.3 Outdoor airflow rate. Ventilation systems shall be designed to have the capacity to 179 supply the minimum outdoor airflow rate determined in accordance with this section. The 180 occupant load utilized for design of the ventilation system shall not be less than the number 181 determined from the estimated maximum occupant load rate indicated in Table 403.3. 182 Ventilation rates for occupancies not represented in Table 403.3 shall be those for a listed 183 occupancy classification that is most similar in terms of occupant density, activities and building 184 construction; or shall be determined by an approved engineering analysis. The ventilation system 185 shall be designed to supply the required rate of ventilation air continuously during the period the 186 building is occupied, except as otherwise stated in other provisions of the code. 187 188 With the exception of [smoking lounges] non-tobacco hookah establishments, the ventilation 189 rates in Table 403.3 are based on the absence of smoking in occupiable spaces. Where smoking 190 is anticipated in a space other than a [smoking lounge] non-tobacco hookah establishment, the 191 ventilation system serving the space shall be designed to provide ventilation over and above that 192 required by Table 403.3 in accordance with accepted engineering practice. 193 194 § 13. Table 403.3 of the New York city mechanical code is amended to read as follows: OCCUPANCY CLASSIFICATION PEOPLE OUTDOOR AIRFLOW RATE IN BREATHING ZONE CFM/PERSON AREA OUTDOOR AIRFLOW RATE IN BREATHING ZONE R. CFM/FT2a DEFAULT OCCUPANT DENSITY #11000 FT2a EXHAUST AIRFLOW RATE CFM/FT2a Correctional facilities Cells without plumbing fixtures with plumbing fixturesg 5 5 0.12 0.12 25 25 1.0 Dining halls (see food and beverage service) Guard stations 5 0.06 15 Day room 5 0.06 30 B ooking/waiting 7.5 0.06 50 Dry cleaners, laundries Coin-operated dry cleaner 15 20 Coin-operated laundries 7.5 0.06 20 Commercial dry cleaner 1 30 30 Commercial laundry 25 10 Storage, pick up 7.5 0.12 30 Education Auditoriums 5 0.06 150 Corridors (see public spaces) Media center 10 0.12 25 Sports locker roomsg 0.5 Music/theater/dance 10 0.06 35 Smoking lounges" 60 70 9 Day care (through age 4) Classrooms (ages 5-8) Classrooms (age 9 plus) Lecture classroom Lecture hall (fixed seats) Art classroom Science laboratoriesg, k Wood/metal shopsg Computer lab Multiuse assembly 10 10 10 7.5 7.5 10 10 10 10 7.5 0.18 0.12 0.12 0.06 0.06 0.18 0.18 0.18 0.12 0.06 25 25 35 65 150 20 25 20 25 100 0.7 1.0 0.5 Locker/dressing roomsg 0.25 Food and beverage service Bars, cocktail lounges 7.5 0.18 100 Cafeteria, fast food 7.5 0.18 100 Dining rooms 7.5 0.18 70 Kitchens (cooking)" Non-tabacco smoking establishments" 60 70 0.7 Hospitals, nursing and convalescent homes Autopsy rooms" 0.5 Medical procedure rooms 15 20 Operating rooms 30 20 Patient rooms 25 10 Physical therapy 15 20 Recovery and ICU 15 20 Hotels, motels, resorts and dormitories Multipurpose assembly 5 0.06 120 -Bathrooms/toilet-privates 25/50f Bedroom/living room 5 0.06 10 Conference/meeting 5 0.06 50 Dormitory sleeping areas 5 0.06 20 Gambling casinos 7.5 0.18 120 Lobbies/prefunction 7.5 0.06 30 Laboratories i Biological 1.0 1.0 Chemical 1.0 1.0 Industrial and nonteaching 1.0 1.0 Nonproduction chemical labs 1.0 1.0 Offices Conference rooms 5 0.06 50 Office spaces 5 0.06 5 Reception areas 5 0.06 30 Telephone/data entry 5 0.06 60 Main entry lobbies 5 0.06 10 Private dwellings, single and multiple Garages, common for multiple units" 0.75 Garages, separate for each dwelling" 100 cfm per car Kitchens" 25/100f 10 Living areas Toilet rooms and bathroomsg 0.35 ACH but not less than 15 cfm/person - - - Based upon number of bedrooms. First bedroom, 2; each additional bedroom, 1 - -20/50f Public spaces Corridors - 0.06 - -Elevator car - - - 1.0 Shower room (per shower head)s - - - 50/20f Smoking loungesb 60 - 70 -Toilet rooms - public s - - - 50/70' Places of religious worship 5 0.06 120 -Courtrooms 5 0.06 70 -Legislative chambers 5 0.06 50 -Libraries 5 0.12 10 -Museums (children's) 7.5 0.12 40 -Museums/galleries 7.5 0.06 40 -Retail stores, sales floors and showroom floors Sales (except as below) 7.5 0.12 15 -Dressing rooms - - - 0.25 Mall common areas 7.5 0.06 40 -Shipping and receiving - 0.12 - -Smoking lounges and non-tobacco smoking 60 - 70 - establishmentsb Storage rooms - 0.12 - -Warehouses (see storage) - - - - Specialty shops li li t:''. C. C3' C ,--+ 0 0 C?1 Automotive motor-fuel dispensing stationsb - - -Barber 7.5 0.06 25 Beauty and nail salonsb, h 20 0.12 25 Embalming roomb - - -Pet shops (animal areas)b 7.5 0.18 10 Supermarkets 7.5 0.06 8 Sports and amusement Disco/dance floors 20 0.06 100 -Bowling alleys (seating areas) 10 0.12 40 -Game arcades 7.5 0.18 20 -Ice arenas without combustion engines - 0.30 - 0.5 Gym, stadium, arena (play area) - 0.30 - -Spectator areas 7.5 0.06 150 -Swimming pools (pool and deck area) - 0.48 - -Health club/aerobics room 20 0.06 40 -Health club/weight room 20 0.06 10 -Storage Repair garages, enclosed parking garagesb, d - - - 0.75 Warehouses - 0.06 - -Theaters Auditoriums (see education) - - - -Lobbies 5 0.06 150 -Stages, studios 10 0.06 70 -Ticket booths 5 0.06 60 -Transportation Platforms 7.5 0.06 100 -Transportation waiting 7.5 0.06 100 - 11 Workrooms Bank vaults/safe deposit 5 0.06 5 Darkrooms 1.0 Copy, printing rooms 5 0.06 4 0.5 Meat processing' 15 10 Pharmacy (prep. area) 5 0.18 10 Photo studios 5 0.12 10 Computer (without printing) 5 0.06 4 For SI: 1 cubic foot per minute = 0.0004719 m3/s, 1 ton = 908 kg, 1 cubic foot per minute per square foot = 0.00508m3/(s m2), C = ((F) -32) /1.8, 1 square foot = 0.0929m2. a. Based upon net occupiable floor area. b. Mechanical exhaust required and the recirculation of air from such spaces is prohibited (see Section 403.2.1, Item 4). c. Spaces unheated or maintained below 50°F are not covered by these requirements unless the occupancy is continuous. d. Ventilation systems in enclosed parking garages shall comply with Section 404. e. Rates are per water closet or urinal. The higher rate shall be provided where periods of heavy use are expected to occur, such as toilets in theaters, schools and sports facilities. The lower rate shall be permitted where periods of heavy use are not expected. f. Rates are per room unless otherwise indicated. The higher rate shall be provided where the exhaust system is designed to operate intermittently. The lower rate shall be permitted where the exhaust system is designed to operate continuously during normal hours of use. g. Mechanical exhaust is required and recirculation is prohibited. h. For nail salons, the required exhaust shall include ventilation tables or other systems that capture the contaminants and odors at their source and are capable of exhausting a minimum of 50 cfm/ft2 per station. i. For R-2 buildings less than 125 feet in height, outdoor ventilation air provided by mechanical means serving dwelling units designed to exceed 100 cfm per dwelling unit, whether intermittent or continuous, shall be required. For buildings 125 feet and greater, outdoor ventilation air shall be provided by mechanical means when the sum of the exhaust designed to exceed 75 cfm, whether continuous or intermittent, per dwelling unit. Manually operated openable exterior wall openings shall not be used to provide outside ventilation air except where calculations are submitted showing that such openings are located at or below the lowest calculated neutral pressure plane (calculated at the winter outdoor design temperature, and taking into account a composite mass flow air balance of the building including all mechanical systems.) j. During unoccupied hours the ventilation rate and exhaust rates may be reduced to 0.5 cfm/ft2. k. When an educational science laboratory is occupied and hoods are not in use and hazardous materials are not present, then ventilation rates shall be consistent with actual use of the space, but not less than 0.5 cfm/ft2. 195 1. See Section 502.6 for additional requirements. 196 § 14. Section 105.6 of chapter 1 of the New York city fire code, as amended by local law 197 number 148 for the year 2013, is amended by adding the following permit to the list of required 198 permits, to read as follows: 199 Non-tobacco hookah establishments. A permit is required to maintain or operate a non-200 tobacco hookah establishment pursuant to Chapter 5 of Title 17 of the Administrative Code and 201 FC310.7. 202 § 15. Section 310.2 of chapter 3 of the New York city fire code, as amended by local law 203 number 148 for the year 2013, is amended to read as follows: 204 310.2 Prohibitions. It shall be unlawful to: 12 205 1. smoke in any area in which smoking is prohibited, as set forth in this section or elsewhere 206 in this code. 207 2. place or discard, or cause to be placed or discarded, any lighted pipe, cigar, cigarette or 208 other type of smoking paraphernalia or material where it can cause the ignition of combustible 209 material or combustible waste, or otherwise cause an unwanted fire. 210 3. smoke in any building, structure, premises or part thereof where flammable or 211 combustible materials or explosives are manufactured, stored, handled, used or transported. 212 4. smoke in the following occupancies and spaces: 213 4.1. Cellars and basements, except in R-3 occupancies. 214 4.2. Group A occupancies and public gathering places, except for smoking non-tobacco 215 smoking products in a non-tobacco hookah establishment in accordance with FC310.7. 216 4.3. Group M occupancies, except for smoking non-tobacco smoking products in a non-217 tobacco hookah establishment in accordance with FC310.7. 218 4.4. Hospitals, nursing homes, rehabilitation facilities and similar medical facilities 219 housing the ill, aged and infirm[, except within designated smoking rooms when in compliance 220 with the requirements of the Title 17 of the Administrative Code, the New York City Health 221 Code and rules promulgated by the commissioner]. 222 4.5. On any bulkhead, dock, drydock, shipyard, pier, wharf, warehouse or shed on the 223 waterfront. 224 4.6. On board any ship, barge, ferry, lighter, carfloat, scow, and all other similar floating 225 watercraft or equipment whether berthed or moored at a dock, wharf, pier, or to a marine vessel 226 made fast thereto or in a shipyard. 227 4.7. Factories as set forth in Section 283 of the New York State Labor Law. 13 228 4.8. As otherwise prohibited by this code or the rules. 229 § 16. Section 310.7 of chapter 3 of the New York city fire code, as added by local law 230 number 26 for the year 2008, is amended to read as follows: 231 310.7 [Reserved] Non-tobacco hookah establishments. Smoking of non-tobacco smoking 232 products is allowed in non-tobacco hookah establishments lawfully operating pursuant to 233 Chapter 5 of Title 17 of the Administrative Code (as those terms are defined therein), provided 234 that such establishments are designed, installed, operated and maintained in accordance with the 235 following requirements: 236 310.7.1. Permits. Permits shall be required as set forth in FC105.6. 237 310.7.2 Supervision. The storage of coal and other solid or liquid flammable and 238 combustible materials in non-tobacco hookah establishments shall be under the general 239 supervision of a person holding a certificate of fitness. The handling and use of charcoal and 240 other solid or liquid flammable and combustible materials in non-tobacco hookah establishments 241 shall be under the personal supervision of a person holding a certificate of fitness. 242 310.7.3 Use of charcoal or other material for smoking paraphernalia. Where smoking 243 paraphernalia requires the use of lighted charcoal or any other solid or liquid flammable or 244 combustible material, such material shall be stored, handled and used in accordance with this 245 section and the rules. 246 310.7.3.1 Smoking paraphernalia. Smoking paraphernalia shall comply with such safety 247 measures as may be prescribed in the rules to minimize the risk of fire associated with the use of 248 such paraphernalia. 249 310.7.3.2 Storage of charcoal. Charcoal shall be stored in the same manner as solid fuel 250 used for commercial cooking operations, as set forth in FC 609.5.2 and the rules. Other 14 251 flammable or combustible materials shall be stored in compliance with the requirements of this 252 code or the rules. 253 310.7.3.3 Preparation, handling and disposal of charcoal and other materials. Charcoal 254 shall be prepared for use in an enclosed stationary furnace or oven vented to the outdoors in 255 accordance with the Construction Codes, in an approved vessel heated by an electric element and 256 vented by means of a hood, or in a room with an approved ventilation system, as set forth in the 257 rules. Lighted charcoal and ashes, cinders and other fire debris, and other combustible waste 258 shall be handled and disposed of in such manner as may be prescribed in the rules to minimize 259 the risk of fire. 260 310.7.3.4 Portable fire extinguishers. In addition to complying with the requirements of 261 FC906, a portable fire extinguisher with at least a 5-B rating shall be provided and maintained in 262 a non-tobacco hookah establishment in the charcoal preparation area and in each area in which 263 non-tobacco smoking products are smoked. 264 310.7.3.5 Decorations. Decorations in non-tobacco hookah establishments shall be flame-265 resistant in accordance with FC805 and the rules. 266 § 17. The department of health and mental hygiene shall educate businesses that sell non-267 tobacco smoking products, as defined in subdivision zz of section 17-502 of the administrative 268 code of the city of New York, or which permit the smoking of such non-tobacco smoking 269 products, about their obligations pursuant to this local law and any rules promulgated thereto. 270 § 18. This local law takes effect 180 days after it becomes law, except that: 271 (i) section seventeen of this local law takes effect immediately, and is deemed repealed 1 272 year after it becomes law; 15 273 (ii) subdivision b of section 17-716 of the administrative code of the city of New York, as 274 added by section ten of this local law, takes effect on the same day as a local law for the year 275 2017 amending the administrative code of the city of New York in relation to prohibiting the sale 276 of non-tobacco smoking products to minors and young adults, and repealing subdivision f of 277 section 17-713 and section 17-714 of the administrative code of the city of New York, relating to 278 the sale of herbal cigarettes to individuals under eighteen years of age, as proposed in 279 introduction number 1076-A for the year 2016, takes effect; 280 (iii) section 403.3 of the New York city mechanical code and table 403.3 of such 281 mechanical code, as amended by sections twelve and thirteen of this local law, respectively, take 282 effect 3 years after enactment of this local law; and 283 (iv) the department of health and mental hygiene and the fire commissioner may take 284 such actions, including the promulgation of rules, as are necessary for timely implementation of 285 this local law, prior to the effective date of this local law. DSH/DSS LS 589/2014 9/19/17 16


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