N.Y. Comp. Codes R. & Regs. tit. 21 § 1030.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1030.2 - Requiring Persons to Wear Masks

(a) This section wholly supersedes the emergency mask rules adopted and readopted by the following authorities: Part 1050.6(d)(1) (adopted by the New York City Transit Authority and the Manhattan and Bronx Surface Transit Operating Authority); Part 1040.4(g) (adopted by the Staten Island Rapid Transit Operating Authority); Part 1044.4(f)(adopted by the MTA Bus Company); Part 1085.4(g)(adopted by the Metro-North Commuter Railroad Company); and Part 1097.4(e)(adopted by the Long Island Rail Road Company).

(b) Every person on or in any terminal, station, train, facility, or conveyance (as those terms are defined in Parts 1040, 1044, 1050, 1085, and 1097 of this Title) of any authority covered by this Part shall wear a mask that completely covers their mouth and nose. A mask should fit snugly but comfortably against the face and be secured to the head, with ties, ear loops, or elastic bands behind the head. A gaiter must have two layers of fabric or be folded to make two layers. Masks may be either manufactured or homemade and must be a solid piece of material without slits, exhalation valves, or punctures. Cloth masks should be made with two or more layers of breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source). Masks may be reusable or disposable. Medical masks and N-95 respirators fulfill this requirement.

(1) masks worn in a way that does not cover the nose and mouth;

(2) face shields or goggles (though face shields or goggles may be worn to supplement a mask that meets the above required attributes);

(3) scarves, ski masks, balaclavas, or bandannas;

(4) shirt or sweater collars (i.e., turtleneck collars) pulled up over the mouth and nose;

(5) masks made from loosely woven fabric or that are knitted (i.e., fabrics that let light pass through);

(6) masks made from material that is hard to breathe through (such as vinyl, plastic or leather); and

(7) masks containing slits, exhalation valves or punctures.

(c) The requirement to wear a mask shall not apply under the following circumstances:

(1) while eating or drinking for brief periods, but only in locations where eating and drinking otherwise are permitted, or while taking medication; prolonged periods of mask removal are not permitted for eating or drinking, the mask must be worn between bites and sips;

(2) while communicating with a person who is hearing impaired when the ability to see the mouth is essential for communication;

(3) while a person is unconscious (for reasons other than sleeping), incapacitated, unable to be awakened, or otherwise unable to remove the mask without assistance;

(4) when necessary to temporarily remove the mask to verify one's identity or when asked to do so by any police officer, peace officer, or authority employee.

(d) The following categories of persons are not required to wear a mask:

(1) a child under the age of two years;

(2) a person with a disability who cannot wear a mask, or cannot safely wear a mask, because of the disability as defined by the Americans with Disabilities Act;

(3) a person for whom wearing a mask would create a risk to workplace health, safety, or job duty as determined by applicable workplace safety guidelines or Federal regulations.

(e) Any person who does not comply with the requirement to wear a mask that completely covers their mouth and nose may be barred from entering or remaining on or in any terminal, station, train, facility, or conveyance of any authority covered by this Part and also may be fined $50 per occurrence. This rule shall be enforced by each of the authorities on or in its terminals, stations, trains, facilities, or conveyances by any person authorized by such authority to enforce its own rules and pursuant to the procedures established by such authority for enforcing violations of its rules.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1030.2