2006 New York Code - Rules And Reports.

    § 17-513 Rules and report.
    a.  The  commissioner  shall  promulgate  rules in accordance with the
  provisions contained in this chapter, and such other  rules  as  may  be
  necessary   for  the  purpose  of  implementing  and  carrying  out  the
  provisions of this chapter.
    b. The commissioner of the department of buildings in conjunction with
  the commissioner of the  department  of  environmental  protection,  the
  commissioner  of  the  fire  department and the commissioner shall study
  methods of and, if  deemed  appropriate,  develop  recommendations  with
  respect  to  preventing, to the greatest extent practicable, second-hand
  smoke from drifting or recirculating  from  restaurant  bars  to  indoor
  smoke-free  areas  of  restaurants. The study and any recommendations of
  such  commissioners  shall  include,  but  not  be   limited   to,   the
  advisability  of requiring restaurant bars to construct or implement any
  of the following:
    1. Separate smoking rooms.
    2. Enclosed rooms.
    3. Ventilation systems.
    4. Separation of restaurant bar from indoor smoke-free areas by  means
  of a partition.
    5.  Spatial  separation of restaurant bar from indoor smoke-free areas
  by a specific distance.
    In determining the advisability of requiring that certain  protections
  from second-hand smoke be provided in restaurant bars, the commissioners
  shall  consider  any  applicable  standards  or  recommendations  of the
  American  Society  of  Heating,   Refrigerating   and   Air-Conditioning
  Engineers,  any  applicable  standards  or recommendations of the United
  States environmental protection agency and the occupational  safety  and
  health  administration  of  the  United  States department of labor with
  respect to indoor air quality relating to second-hand smoke, the  impact
  on  public health of exposure to second-hand smoke and any other factors
  which such  commissioners  deem  appropriate.  Such  commissioner  shall
  report  to  the  council by January 1, 1996 regarding the results of the
  study required pursuant to this subdivision and any recommendations.

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