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Source: New York City Department of Health, 2003-03-20

NOTICE OF ADOPTION OF A RULE TO REPEAL AND REENACT CHAPTER 10 (SMOKING UNDER THE NEW YORK CITY SMOKE-FREE AIR ACT) OF TITLE 24 OF THE RULES OF THE CITY OF NEW YORK . . .
The repeal and reenactment of Chapter 10 of Title 24 of the Rules of the City of New York is authorized by §§389(b) and 1043 (a) of the New York City Charter (the “Charter”). Charter §389(b) provides that “heads of mayoral agencies shall have the power to adopt rules to carry out the powers and duties delegated to the agency head or the agency by or pursuant to federal, state or local law.” Charter §1043(a) authorizes each agency to “adopt rules necessary to carry out the powers and duties delegated to it by or pursuant to federal, state or local law.” These rules are further authorized pursuant to Local Law 47 of 2002 which amends various provisions of Chapter 5 of Title 17 of the New York City Administrative Code (the “Administrative Code”) (the “Smoke-Free Air Act”) and which provides that “the department of health and mental hygiene may promulgate rules ... necessary to carry out the provisions of this local law; ...”