1. The Laws of New York
  2. Consolidated Laws
  3. Public Health
  4. Article 13-E: Regulation of Smoking and Vaping In Certain Public Areas


Section 1399-U Waiver

Public Health (PBH)

1. The enforcement officer may grant a waiver from the application of a specific provision of this article, provided that prior to the granting of any such waiver the applicant for a waiver shall establish that:

  (a) compliance with a specific provision of this article would cause undue financial hardship; or

  (b) other factors exist which would render compliance unreasonable.

  2. Every waiver granted shall be subject to such conditions or restrictions as may be necessary to minimize the adverse effects of the waiver upon persons subject to an involuntary exposure to second-hand smoke or vaping and to ensure that the waiver is consistent with the general purpose of this article.