N.Y. Comp. Codes R. & Regs. tit. 14 § 633.23

Current through Register Vol. 46, No. 45, November 2, 2024

Section 633.23 - Smoking: health and safety protections

(a) This section applies to all facilities that are operated or certified by OPWDD, excluding family care homes. This section does not apply to non-certified services.

(b) Smoking is defined in this section as the inhaling or tasting of smoke produced by a burning substance, most commonly tobacco, in the form of a cigarette, cigar, pipe tobacco, or other form that can be smoked.

(c) Smoking is prohibited inside:

(1) all residential facilities certified or operated by OPWDD, except family care homes, supportive individualized residential alternatives (IRAs), and supportive community residences (CRs);

(2) all day program facilities certified or operated by OPWDD;

(3) all clinic treatment facilities certified or operated by OPWDD; and

(4) the diagnostic and research clinic operated by OPWDD.

(d) An agency may prohibit smoking on the grounds of any or all of its certified facilities, including supportive IRAs and supportive CRs. If an agency permits smoking on the grounds of its facilities, the agency must restrict smoking on grounds that the agency is authorized to control, as follows:

(1) Location of designated smoking areas:

(i) designated outdoor smoking areas must be at least 30 feet from the building which houses a facility that is operated or certified by OPWDD; or

(ii) if there is no available space for a designated smoking area at least 30 feet from the building, the designated area must be as far from the building as is practical without infringing on neighboring properties and without putting individuals, or others, in an unsafe location (e.g., in the street).

(2) Any designated outdoor smoking area must be equipped with an appropriate and properly maintained non-combustible disposal receptacle in accordance with section 635-7.3(c)(8) or 635-7.4(b)(4) of this Title.

(e) Effective January 1, 2013, agencies that operate supportive IRAs and/or supportive CRs must develop and implement policies and procedures to address smoking and safe disposal of smoking remnants inside the supportive IRAs and supportive CRs. The policies and procedures must either:

(1) prohibit smoking at all supportive sites; or

(2) prohibit smoking at all supportive sites except sites where one or more of the facility residents smokes. In order to permit smoking at a particular site, a site-specific decision shall be based on an appraisal of circumstances presented at that site. The results of these site-specific appraisals must be documented in the CR policy and procedure manual or in the IRA site-specific plan for protective oversight. The site-specific appraisal must include, at minimum, a review of:

(i) local laws;

(ii) building policies and lease agreements;

(iii) the smoking practices of the facility resident(s); and

(iv) each resident's interest in or objection to smoking at the site.

(f) Effective January 1, 2013, agencies that operate residential facilities serving individuals who smoke must develop policies and procedures to address smoking safety, and smoking related health care issues, for each facility resident who smokes. These policies and procedures must be fully implemented by July 1, 2013 and must include:

(1) mechanisms to evaluate smoking habits, as well as health and safety risks, for each individual who smokes, at least annually and as changes occur;

(2) mechanisms to develop, implement, and monitor individualized smoking safeguards; and

(3) mechanisms to offer and provide individuals who smoke with services and supports to actively promote smoking cessation.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 633.23

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff.11/1/2015

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016