(1) Prohibition. No person shall smoke, or carry a lighted cigar or cigarette in any factory as defined in Article 1, § 2, of the State Labor Law, nor in any portion of a factory, within the City of New York, except in such protected portions or special classes of occupancies as are specified in §23-01(b) of these rules, and then only after the issuance of a permit by the Fire Commissioner. It shall be the joint and several duty of the owner and of the lessee or lessees of the building containing such factory or factories to cause to be posted in each and every entrance hall, stairhall or room throughout the building, as well as in every elevator-car, in English, and also in such other language or languages as the Fire Commissioner shall direct, a notice of such prohibition, and the penalty for its violation.
(2) Application. Application for such permit shall be made only by the owner of the building on suitable blank forms to be furnished by the Fire Commissioner.
(3) Time limit. Such permit shall be for a definite period, not exceeding one year, and shall not be renewed upon expiration until a reinspection of the premises for which it is issued has been made for the purpose of determining whether existing conditions warrant a renewal.
(4) Conditions. The permit shall state the conditions under which, the hours between which, and the place or places in such factory where smoking may be permitted, and this permit shall be framed and kept posted in a conspicuous place in the factory.
(5) Revocation. Violation of any of the conditions specified in the permit, in addition to incurring such penalties as are prescribed by law, shall be full and sufficient cause for the revocation of such permit by the Fire Commissioner, and he shall not again issue a permit for the same premises until at least one year has elapsed.
(b) Permissible cases. Smoking may be permitted in:
(1) Factories engaged in the manufacture of cigars, cigarettes, or smoking tobacco, when necessary for the efficient conduct of the business, provided that:
(i) No smoking other than that for sampling, testing and experimental purposes is carried on.
(ii) Such smoking is conducted in a room provided especially for that purpose, separated from the rest of the building by fireproof or fire-resisting partitions, with all openings therein protected by self-closing fire doors, and further, unless the building is of fireproof construction or equipped with an approved automatic sprinkler system, the floor and ceiling of such room shall be covered with fire-retarding material.
(iii) Such chemical fire extinguishers as the Fire Commissioner may direct are installed.
(iv) All waste paper and other flammable waste materials are deposited in fireproof receptacles.
(2) Factories devoted entirely to one of the following occupancies:
Blacksmithing or horseshoeing;
Brick, terra cotta or artificial stone works;
Foundries; Iron, steel, brass or copper works;
Machine shops; Smelting;
Stone or monumental works;
provided that in any case:
(i) The building is not of wooden construction;
(ii) Such chemical fire extinguishers as the Fire Commissioner may direct are installed; (iii) All waste paper and other flammable waste materials are deposited in fireproof receptacles.