Waivers to the Clean Indoor Air Act
 Information for Tompkins County workplaces

Press Release regarding newly released application for waiver to the Clean Indoor Air Act.
Cover letter to the application
Download application (PDF)

Press Release

Tompkins County Health Department, Environmental Health Div.
May 4, 2004

Subject: Waivers to the Clean Indoor Air Act
Contact Person: Steven Kern
Phone: 274-6688

On July 24, 2003, revisions to the New York State Clean Indoor Air Act (CIAA) banned smoking in almost all indoor areas except private homes and automobiles. The law also provides that the enforcement officer, in Tompkins County that is the Board of Health, may grant waivers from specific provisions of the law, provided that the applicant can establish that compliance with specific provisions of the law would cause undue financial hardship, or other factors exist which would render compliance unreasonable.

Because the law did not define undue financial hardship or other factors that would render compliance unreasonable, county health departments sought guidance from the New York State Health Department. That guidance was sent to local health departments in December 2003.

Since that time, a committee composed of members of the Board of Health, Environmental Health employees, and the Deputy County Attorney have been developing a policy for granting waivers, and an application to apply for a waiver.

In addition to establishing their eligibility based on the above criteria, business owners/operators will be required to develop and implement a plan to minimize the adverse effects of the waiver upon persons subject to an involuntary exposure to second-hand smoke, and ensure that the waiver is consistent with the general purpose of the law.

Applicants are advised that consideration should be given to the following actions:

• Allow smoking only in a separately enclosed and ventilated room.
• The door to the smoking room must be closed and have a self-closing device.
• Employees may only enter the smoking room to smoke or when the smoking room is not in use. No service is to be allowed in the separate smoking room.
• The operator must post signs at all entrances to the establishment and at the entrance to the smoking room.
• Entry to the smoking room is prohibited to persons under the age of 18.

The Health Department is now accepting applications for CIAA waivers. Those desiring a waiver application should contact the Tompkins County Health Department, Division of Environmental Health, at 274-6688 between 8:30 and 4:30 Monday through Friday, or the application can be downloaded from the Health Department’s website www.tompkins-co.org/wellness/smokefree/.

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Cover letter for CIAA waiver application
(included with the application download)

Dear Applicant:

This package is in response to your interest in applying for a waiver from specific provisions of the amended New York State Clean Indoor Air Act (CIAA), which became effective July 24, 2003.

Enclosed are materials describing the guidelines, criteria, and the process to apply for a waiver from the Tompkins County Board of Health. Please read all of the information before completing the enclosed application.

The completed application form and all of the required supporting documentation should be returned to:

Tompkins County Health Department
Division of Environmental Health
401 Harris B. Dates Drive
Ithaca, New York 14850

Failure to properly complete all required sections of the application or failure to submit all the required documents may result in your application being returned as incomplete or held for processing pending receipt of missing information.

If questions should arise, please contact Steven Kern at the Health Department at 274-6688.

Sincerely,
John Andersson, P.E.
Director, Environmental Health Division