[HISTORY: Adopted by the Albany County Legislature 10-15-2002 by Res. No. 413-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking and tobacco products — See Ch. 242.
A.
The Albany County Legislature hereby approves and adopts the guidelines
presented by the County Commissioner of Health as filed with the Clerk
of the Legislature to provide a smoke-free environment in County buildings.
B.
The Albany County Legislature approves the implementation of the
no-smoking ban in all County-owned and -leased facilities as proposed
in the guidelines submitted by the Commissioner of Health and filed
with the Clerk of the Legislature.
A.
Pursuant to this chapter, smoking (the burning or carrying of a lighted
cigar, cigarette, pipe or any other substance which contains tobacco
or any electronic vaping or similar device) by staff, visitors or
volunteers in Albany County buildings is prohibited in:
B.
The current Albany County Nursing Home and Ann Lee Nursing Home smoking
policy shall remain in effect.
C.
Private tenants of County-owned buildings.
(1)
Private tenants occupying space within County facilities, other than
those who operate a bar or food-service establishment, shall comply
with the County's smoking ban. Such compliance shall, in the case
of those tenants who occupy space pursuant to a written lease, be
effective upon the expiration of the present lease. All subsequent
leases shall prohibit smoking within the County facility.
(2)
Private tenants who operate a bar or food-service establishment shall
be governed exclusively by the New York State Clean Indoor Air Act
unless such a bar or food-service establishment shares a common ventilation
system which impacts County employees, in which event there shall
be no smoking within such bar or food-service establishment.
A.
Ultimate enforcement of the NYS Clean Indoor Air Act in Albany County
rests with the Albany County Commissioner of Health, who has been
designated as the enforcement officer, pursuant to Article 13E, § 1399-t,
of the NYS Public Health Law. The Albany County Smoking Policy requires
that each department head must appoint a designated agent to enforce
this smoking policy at the immediate worksite. It is the responsibility
of all supervisory and management staff to investigate all complaints
of violations of this policy and take appropriate disciplinary action,
if necessary, consistent with County rules and regulations. In addition,
security staff must ensure that guests and visitors to County facilities
are aware of the County's smoking policy and ensure that it is enforced.
Security shall also report employees who violate the smoking policy
to the employee's supervisor or designated agent.
B.
The policy must be posted and given to each employee and/or potential
employee.
