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§310-01 Designated Smoking Rooms in Hospitals, Nursing Homes, Rehabilitation Facilities and Similar Medical Facilities Housing the Ill, Aged and Infirm
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(a) Scope. This section sets forth standards, requirements and procedures for designation of smoking rooms in hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm.
(b) Definitions. The following terms shall, for purposes of this section and used elsewhere in the rules, have the meaning shown herein:
Designated smoking room. A room designated for smoking meeting the requirements for a "separate smoking room," as that term is defined in Administrative Code §17-502(w).
(c) General Provisions.
(1) Designation of smoking rooms. Pursuant to FC310.2.4.4, smoking is prohibited in hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm, except as authorized by the Department. Smoking rooms in such facilities shall be designated in accordance with the provisions of this section.
(2) It shall be unlawful for any patient to smoke in hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm, except in a designated smoking room which has been approved by the Department.
(d) Application Requirements.
(1) Applications shall be made to the Department for each room to be designated as a smoking room.
(2) Applications shall be submitted to the Bureau of Fire Prevention at Fire Department Headquarters, and shall include the following information and documentation and such other information and documentation as the Department may prescribe:
(A) a floor plan indicating the location(s) of rooms to be designated as smoking rooms; and
(B) an affidavit from a registered design professional professing that the construction and ventilation of designated smoking rooms comply with the requirements of the Building Code and New York City Smoke Free Air Act (Administrative Code Title 17, Chapter 5) and rules promulgated thereunder (Chapter 10 of Title 24 of the Rules of the City of New York).
(3) Application fees shall be as set forth in FC A03(51).
(e) Operational Requirements.
(1) Designated smoking rooms shall be provided with an adequate number of noncombustible ashtrays. An ashtray or other noncombustible receptacle shall be provided at each exit from the designated smoking room.
(2) Doors in designated smoking rooms shall remain closed while people are smoking except to the extent necessary to permit access or egress to and from such rooms.
(3) Windows in a designated smoking room shall remain closed if smoking is occurring or has recently occurred in the room if the smoke would migrate to an occupied area whether indoors or outdoors.
(4) No oxygen or other oxidizing gas shall be stored or administered in designated smoking rooms.
(f) Portable Fire Extinguisher Requirements. Designated smoking rooms shall be provided with a portable fire extinguisher with at least a 2-A rating for every 2,500 square feet of floor area or fraction thereof. The travel distance to such portable fire extinguisher shall not exceed 75 feet.
(g) Sign Requirements.
(1) "NO SMOKING" signs complying with the requirements of R310-02 shall be posted at entrances, in lobbies and corridors, and other conspicuous locations throughout the premises where they may be observed by patients, employees and visitors.
(2) "SMOKING PERMITTED. IN ACCORDANCE WITH THE NEW YORK CITY SMOKE-FREE ACT, ONLY PATIENTS OF THIS FACILITY MAY SMOKE IN THIS ROOM" signs shall be posted conspicuously at the entrance to and in each designated smoking room.
(3) In buildings where oxygen or other oxidizing gas is stored or administered in portable containers, "OXYGEN OR OTHER OXIDIZING GAS IS PROHIBITED FROM BEING STORED OR ADMINISTERED IN THIS ROOM" signs shall be posted conspicuously at the entrance to and in each designated smoking room.
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