Bill S6475A-2011

Relates to regulations for indoor air quality in ice skating rinks using ice resurfacing equipment

Requires operators of ice arenas in which a resurfacing machine is used to have a certificate of acceptable air quality for the ice arena.

Details

Actions

  • Jun 21, 2012: PRINT NUMBER 6475A
  • Jun 21, 2012: AMEND AND RECOMMIT TO HEALTH
  • Feb 14, 2012: REFERRED TO HEALTH

Memo

BILL NUMBER:S6475A

TITLE OF BILL:

An act to amend the public health law, in relation to indoor air quality in ice skating rinks

PURPOSE OR GENERAL IDEA OF BILL:

This bill promotes public health by establishing standards for operation, maintenance and monitoring, to ensure acceptable indoor air quality in ice arenas that utilize ice resurfacing equipment powered by combustible fuels which produce carbon monoxide (CO) and nitrogen dioxide (N02).

SUMMARY OF SPECIFIC PROVISIONS:

Bill §1 adds a new Title 14 to Article 13 of the Public Health Law (PHL), to establish standards for ensuring acceptable indoor air quality in ice arenas. Specifically, the bill adds four new PHL sections:

> §1389-hh defines terms used in Title 14, including "Air quality measuring device," "Correction air level" (when CO is between 30 and 125 ppm and/or NO2 is between 0.5 and 2 ppm), "Notification air level" (when a single sample shows CO is over 60 ppm and/or NO2 is over 1 ppm, or 6 consecutive samples detect over 30 ppm of CO and/or 0.5 ppm of NO2) and "Evacuation air level" (when CO is over 125 ppm and/or NO2 is over 2 ppm.

> §1389-hh defines the "Officer" who issues certificates of acceptable air quality as the Commissioner of Health, the health commissioner of a city with a population of over fifty thousand or of a county or part-county health district, the state district health officer in whose jurisdiction an ice arena is located, any county health director having all the powers and duties prescribed in PHL §352, the state district sanitary engineer or a Grade 1 public health administrator qualified and appointed pursuant to Part 11 of the Sanitary Code and serving as primary administrator of all health programs in a county or part-county health district.

> §1389-ii requires ice arena operators to obtain a certificate of acceptable air quality. The issuing officer may suspend, modify or revoke a certificate for cause, or for a violation of the PHL or any rules or regulations adopted thereto. The fee for a certificate is $200 and the officer may require the operator to perform preliminary tests of air quality in order to characterize the potential for exposure of ice arena occupants to CO and N02.

> §1389-jj establishes requirements for maintenance of acceptable air quality, including monitoring air quality with air quality measuring devices on a daily basis; providing a right of entry for the officer at any reasonable time to conduct an on-site inspection of air

quality, and setting forth the following required actions when air levels fall within one of the statutory categories:

Correction air level: The operator shall immediately increase the ventilation rate in the ice arena through any appropriate and safe means, and shall continue to do so until a follow-up air sample determines that the levels of carbon monoxide and nitrogen oxide are below the correction air level.

Notification air level: The operator shall immediately increase the ventilation rate and shall additionally take one or more long-term corrective measures (such as ventilation system improvements, retuning/repairing resurfacing machines in accordance with manufacturer recommendations, decreasing resurfacing schedules, or converting resurfacing equipment to electric power) and shall notify the officer within 72 hours.

Evacuation air level: The operator shall immediately evacuate all occupants, contact local fire or emergency medical personnel as soon as possible, and notify the officer upon completion of the evacuation. The ice arena shall not be reoccupied until air samples, including independent measurements, demonstrate safe levels, and appropriate long-term corrective are taken or are included in a plan of corrective action submitted to and approved by the officer.

> §1389-kk provides for the adoption of necessary rules and regulations, including authorization for variances when strict compliance would result in hardship and provided that public health and safety will not be endangered thereby. This section also provides standards for maintenance of an air quality record log in paper or electronic form and makes provisions for the assessment of penalties for violation pursuant to existing PHL sections. Generally, such penalties would be up to $2000.

SUMMARY OF AMENDMENT:

The initial version of this bill would have charged the Public Health and Health Planning Council with adopting amendments to the State Sanitary Code to regulate air quality in ice arenas. As described in this memo, the amended bill would instead establish the bulk of the standards in statute.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

New York currently has no statutes or regulations applicable to protecting skaters in enclosed rinks from unsafe concentrations of air contaminants.

JUSTIFICATION:

The use of internal-combustion engines to power ice resurfacing equipment can under certain circumstances pose a health hazard. If the catalytic converters are not properly maintained, ventilation is inadequate and emissions are not monitored, the result can be a

buildup in an enclosed rink of carbon monoxide, nitrogen dioxide and particulates. Numerous cases have been reported where groups of skaters have been taken to emergency rooms after exposure to excessive levels of such air contaminants.

The popularity of ice hockey and skating means that many young New Yorkers are spending substantial amounts of time in indoor ice arenas, and are at risk of adverse health effects from poorly maintained equipment. These concerns have led several states, including Massachusetts, Minnesota and Rhode Island, to regulate the air quality at ice arenas. This bill would charge the State's public health officials with ensuring that rinks in New York also maintain an acceptable level of indoor air quality.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal.

EFFECTIVE DATE: The 180th day after becoming law; provided, however, that the Commissioner of Health shall be immediately authorized and directed to promulgate any rules and regulations necessary for timely implementation of this act, and the Department of Health and other state and local health officers shall be immediately authorized and directed to take any other actions necessary for implementation of this act on such date.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 6475--A A. 9276--A S E N A T E - A S S E M B L Y February 14, 2012 ___________
IN SENATE -- Introduced by Sens. GIANARIS, OPPENHEIMER, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. LAVINE -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to indoor air quality in ice skating rinks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 13 of the public health law is amended by adding a new title 14 to read as follows: TITLE 14 INDOOR AIR QUALITY IN ICE SKATING RINKS SECTION 1389-HH. DEFINITIONS. 1389-II. CERTIFICATE OF ACCEPTABLE AIR QUALITY. 1389-JJ. MAINTENANCE OF ACCEPTABLE AIR QUALITY. 1389-KK. RULES AND REGULATIONS; RECORDKEEPING; PENALTIES. S 1389-HH. DEFINITIONS. AS USED IN THIS TITLE: 1. "AIR QUALITY MEASUR- ING DEVICE" MEANS PUMP AND COLORIMETRIC TUBE OR ELECTRONIC DIRECT READ GAS DETECTION EQUIPMENT, OR ANY SIMILAR EQUIPMENT APPROVED BY THE COMMISSIONER, UTILIZED FOR THE SAMPLING AND MEASUREMENT OF CARBON MONOX- IDE AND NITROGEN DIOXIDE, WHICH EQUIPMENT SHALL BE CAPABLE OF MEASURING CARBON MONOXIDE AIR CONCENTRATIONS IN A RANGE FROM ZERO TO ONE HUNDRED FIFTY PARTS PER MILLION WITH A RESOLUTION OF ONE PARTS PER MILLION, OR MEASURING NITROGEN OXIDE AIR CONCENTRATIONS IN A RANGE FROM ZERO TO FIVE PARTS PER MILLION WITH A RESOLUTION OF ONE-TENTH PARTS PER MILLION. 2. "CORRECTION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CONCENTRATIONS OF MORE THAN THIRTY PARTS PER MILLION BUT LESS THAN ONE HUNDRED TWENTY- FIVE PARTS PER MILLION OF CARBON MONOXIDE OR MORE THAN FIVE-TENTHS PARTS PER MILLION BUT LESS THAN TWO PARTS PER MILLION OF NITROGEN DIOXIDE.
3. "NOTIFICATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CONCEN- TRATIONS OF MORE THAN SIXTY PARTS PER MILLION OF CARBON MONOXIDE OR MORE THAN ONE PART PER MILLION OF NITROGEN DIOXIDE, OR WHEN SIX CONSECUTIVE SAMPLES DETECT THE PRESENCE IN AN ICE ARENA OF CONCENTRATIONS OF MORE THAN THIRTY PARTS PER MILLION OF CARBON MONOXIDE OR MORE THAN FIVE-TENTHS PARTS PER MILLION OF NITROGEN DIOXIDE. 4. "EVACUATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CARBON MONOX- IDE AT CONCENTRATIONS OF ONE HUNDRED TWENTY-FIVE OR MORE PARTS PER MILLION OR OF NITROGEN DIOXIDE AT CONCENTRATIONS OF TWO OR MORE PARTS PER MILLION. 5. "FOLLOW-UP AIR SAMPLE" MEANS AN AIR SAMPLE THAT IS TAKEN AS PART OF A CORRECTIVE ACTION PURSUANT TO THIS TITLE IN ORDER TO DETERMINE WHETHER THE LEVEL OF CARBON MONOXIDE OR NITROGEN DIOXIDE IN AN ICE ARENA HAS BEEN REDUCED TO A SAFE LEVEL FOLLOWING AN EVENT THAT CAUSED A CORRECTION AIR LEVEL, NOTIFICATION AIR LEVEL OR EVACUATION AIR LEVEL FOR EITHER OF THESE SUBSTANCES TO BE MET OR EXCEEDED. 6. "ICE ARENA" MEANS ANY BUILDING WHICH HAS A ROOF AND FULLY ENCLOSED SIDES AND WHICH CONTAINS AN ICE RINK. 7. "ICE EDGING EQUIPMENT" MEANS POWER EQUIPMENT USED TO MODIFY THE PERIMETER OF AN ICE SHEET. 8. "OFFICER" MEANS THE COMMISSIONER, THE HEALTH COMMISSIONER OF A CITY WITH A POPULATION OF OVER FIFTY THOUSAND, THE HEALTH COMMISSIONER OF A COUNTY OR PART-COUNTY HEALTH DISTRICT, THE STATE DISTRICT HEALTH OFFI- CER, IN WHOSE JURISDICTION AN ICE ARENA IS LOCATED, ANY COUNTY HEALTH DIRECTOR HAVING ALL THE POWERS AND DUTIES PRESCRIBED IN SECTION THREE HUNDRED FIFTY-TWO OF THIS CHAPTER, THE STATE DISTRICT SANITARY ENGINEER OR A GRADE ONE PUBLIC HEALTH ADMINISTRATOR QUALIFIED AND APPOINTED PURSUANT TO PART ELEVEN OF THE SANITARY CODE AND SERVING AS PRIMARY ADMINISTRATOR OF ALL HEALTH PROGRAMS IN A COUNTY OR PART-COUNTY HEALTH DISTRICT. 9. "OPERATOR" MEANS AN OWNER OR ANOTHER PERSON DESIGNATED BY AN OWNER TO BE RESPONSIBLE FOR THE DAY-TO-DAY OPERATION OF AN ICE ARENA. 10. "OWNER" MEANS THE PERSON HAVING LEGAL TITLE TO THE PROPERTY OR BUILDING IN WHICH AN ICE ARENA IS LOCATED. FOR THE PURPOSES OF PUBLIC- LY-OWNED PROPERTY, "OWNER" MEANS THE CHIEF EXECUTIVE OFFICER OF THE PUBLIC ENTITY THAT OWNS, LEASES OR CONTROLS THE USE OF THE PROPERTY. 11. "RESURFACING MACHINE" MEANS AN INTERNAL COMBUSTION ENGINE-POWERED MACHINE THAT IS USED TO MODIFY THE SURFACE OF AN ICE RINK. 12. "RESURFACING EQUIPMENT" MEANS ONE OR MORE RESURFACING MACHINES AND/OR ICE EDGING EQUIPMENT. S 1389-II. CERTIFICATE OF ACCEPTABLE AIR QUALITY. 1. NO PERSON SHALL OPERATE AN ICE ARENA IN WHICH A RESURFACING MACHINE IS USED UNLESS THE OFFICER HAS ISSUED THE OPERATOR A CERTIFICATE OF ACCEPTABLE AIR QUALITY FOR THE ICE ARENA. THE CERTIFICATE MUST BE DISPLAYED IN A CONSPICUOUS PLACE IN THE ICE ARENA. 2. THE OFFICER MAY SUSPEND, MODIFY OR REVOKE A CERTIFICATE OF ACCEPTA- BLE AIR QUALITY FOR CAUSE, OR FOR A VIOLATION OF THE PROVISIONS OF THIS TITLE OR ANY RULES OR REGULATIONS ADOPTED THERETO. 3. THE FEE FOR A CERTIFICATE SHALL BE TWO HUNDRED DOLLARS. 4. THE OFFICER MAY REQUIRE THE OPERATOR TO PERFORM ANY PRELIMINARY TESTS OF AIR QUALITY THAT HE OR SHE DETERMINES TO BE NECESSARY IN ORDER TO CHARACTERIZE THE POTENTIAL FOR EXPOSURE OF ICE ARENA OCCUPANTS TO CARBON MONOXIDE AND NITROGEN DIOXIDE.
S 1389-JJ. MAINTENANCE OF ACCEPTABLE AIR QUALITY. 1. ACCEPTABLE AIR QUALITY CONDITIONS SHALL BE MAINTAINED WITHIN AN ICE ARENA AT ALL TIMES. 2. IN ORDER TO DETERMINE AND MONITOR AIR QUALITY IN ACCORDANCE WITH THIS TITLE, THE OPERATOR SHALL EMPLOY ONE OR MORE AIR QUALITY MEASURING DEVICES ON A DAILY BASIS IN THE ICE ARENA. THE RESULTS OF THE AIR QUALI- TY SAMPLE SHALL BE RECORDED IN AN AIR QUALITY RECORD LOG IN ACCORDANCE WITH SECTION THIRTEEN HUNDRED EIGHTY-NINE-KK OF THIS TITLE. IF DEEMED NECESSARY OR APPROPRIATE, THE OFFICER MAY REQUIRE THE OPERATOR TO INSTALL ADDITIONAL DEVICES OR USE ANOTHER TYPE OF AIR QUALITY MEASURING DEVICE. 3. THE OFFICER AT ANY REASONABLE TIME MAY ENTER AN ICE ARENA AND CONDUCT AN ON-SITE INSPECTION OF AIR QUALITY, INCLUDING BUT NOT LIMITED TO AFTER HAVING RECEIVED A COMPLAINT OF ELEVATED LEVELS OF CARBON MONOX- IDE OR NITROGEN DIOXIDE. FAILURE TO PERMIT SUCH ENTRY AND INSPECTION SHALL BE GROUNDS FOR THE IMMEDIATE REVOCATION OF THE CERTIFICATE OF AIR QUALITY. 4. IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON MONOXIDE OR NITROGEN DIOXIDE AT CONCENTRATIONS WITHIN THE CORRECTION AIR LEVEL STAN- DARD, THE OPERATOR SHALL IMMEDIATELY INCREASE THE VENTILATION RATE IN THE ICE ARENA THROUGH ANY APPROPRIATE AND SAFE MEANS, AND SHALL CONTINUE TO PROVIDE SUCH INCREASED VENTILATION UNTIL A FOLLOW-UP AIR SAMPLE DETERMINES THAT THE LEVELS OF CARBON MONOXIDE AND NITROGEN DIOXIDE ARE BELOW THE CORRECTION AIR LEVEL. SUCH FOLLOW-UP AIR SAMPLES SHALL BE TAKEN IN INTERVALS OF TWENTY MINUTES OR LESS AND THE RESULTS OF EACH SUCH SAMPLE SHALL BE RECORDED IN THE AIR QUALITY RECORD LOG. 5. IF AN AIR QUALITY SAMPLE OR SERIES OF SAMPLES DETECTS THE PRESENCE OF CARBON MONOXIDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE NOTIFICATION AIR LEVEL STANDARD, THE OPERATOR SHALL IMMEDIATELY INCREASE THE VENTILATION RATE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, AND SHALL ADDITIONALLY: (A) TAKE AT LEAST ONE OF THE FOLLOWING LONG-TERM CORRECTIVE MEASURES: (I) MAKE VENTILATION SYSTEM IMPROVEMENTS TO INCREASE THE VENTILATION RATE ON A LONG-TERM BASIS; (II) WARM UP RESURFACING EQUIPMENT OUTSIDE THE BUILDING OR IN A SEPA- RATE AREA WITH A LOCAL EXHAUST SYSTEM TO VENT EXHAUST OUTSIDE; (III) RETUNE AND/OR REPAIR RESURFACING MACHINES IN ACCORDANCE WITH MANUFACTURER RECOMMENDATIONS TO REDUCE EMISSIONS; (IV) REDUCE ICE EDGING TIME; (V) REPLACE ICE EDGING EQUIPMENT WITH EQUIPMENT PRODUCING LOWER EMIS- SIONS; (VI) INSTALL A VERTICAL EXHAUST PIPE THE TOP OF WHICH EXTENDS ABOVE THE HIGHEST POINT OF THE ICE RESURFACER; (VII) INSTALL CATALYTIC CONVERTERS ON RESURFACING EQUIPMENT; (VIII) INSTALL OXYGEN SENSORS ON RESURFACING EQUIPMENT TO REGULATE FUEL LEANNESS OR RICHNESS; (IX) DECREASE RESURFACING SCHEDULES; (X) CONVERT RESURFACING EQUIPMENT TO ELECTRIC POWER OR ACQUIRE REPLACEMENT ELECTRICALLY-POWERED RESURFACING EQUIPMENT; AND/OR (XI) TAKE OTHER ACTIONS THAT ARE DEMONSTRATED TO REDUCE THE LEVEL OF EMISSIONS OF CARBON MONOXIDE OR NITROGEN DIOXIDE IN ICE ARENAS; AND (B) NOTIFY THE OFFICER WITHIN SEVENTY-TWO HOURS OF THE DATE THE NOTIFICATION AIR LEVEL WAS DETECTED, THE RESULTS OF THE SAMPLE DETECTING SUCH LEVELS AND THE FOLLOW-UP SAMPLES, AND THE CORRECTIVE MEASURE OR MEASURES TAKEN.
6. (A) IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON MONOX- IDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE EVACUATION AIR LEVEL STANDARD, THE OPERATOR SHALL: (I) IMMEDIATELY EVACUATE ALL OCCUPANTS FROM THE INTERIOR OF THE ICE ARENA; (II) CONTACT LOCAL FIRE OR EMERGENCY MEDICAL PERSONNEL AS SOON AS POSSIBLE TO ASSIST IN EVACUATION AND HAZARD ASSESSMENT; AND (III) NOTIFY THE OFFICER UPON COMPLETION OF THE EVACUATION. (B) THE ICE ARENA SHALL NOT BE REOCCUPIED UNTIL AND UNLESS: (I) THREE CONSECUTIVE AIR SAMPLES TAKEN WITHIN A PERIOD OF NOT MORE THAN THREE HOURS INDICATE THAT THE LEVELS OF CARBON MONOXIDE AND NITRO- GEN DIOXIDE HAVE BEEN REDUCED BELOW THE CORRECTION AIR LEVEL; (II) SUCH ACCEPTABLE LEVELS OF CARBON MONOXIDE HAVE BEEN CONFIRMED BY ONE OR MORE INDEPENDENT MEASUREMENTS TAKEN BY THE LOCAL FIRE DEPARTMENT AND/OR THE OFFICER; AND (III) APPROPRIATE LONG-TERM CORRECTIVE MEASURES AS SPECIFIED IN SUBDI- VISION FIVE OF THIS SECTION HAVE BEEN TAKEN OR ARE INCLUDED IN A PLAN OF CORRECTIVE ACTION SUBMITTED TO AND APPROVED BY THE OFFICER. S 1389-KK. RULES AND REGULATIONS; RECORDKEEPING; PENALTIES. 1. THE COMMISSIONER SHALL ADOPT ANY RULES AND REGULATIONS NECESSARY TO IMPLE- MENT THE PROVISIONS OF THIS TITLE. SUCH RULES AND REGULATIONS SHALL AUTHORIZE OFFICERS TO GRANT VARIANCES FROM THE REQUIREMENTS OF THIS TITLE AND SUCH RULES AND REGULATIONS WHEN STRICT COMPLIANCE WOULD RESULT IN HARDSHIP AND PROVIDED THAT PUBLIC HEALTH AND SAFETY WILL NOT BE ENDANGERED THEREBY. ANY VARIANCE MAY INCLUDE SUCH CONDITIONS AS THE OFFICER DEEMS APPROPRIATE. 2. EACH OPERATOR SHALL MAINTAIN AN AIR QUALITY RECORD LOG IN SUCH FORM AS THE COMMISSIONER SHALL PRESCRIBE, WHICH SHALL INCLUDE: (I) INFORMATION ON ANY RESURFACING MACHINES AND OTHER RESURFACING EQUIPMENT USED IN THE ICE ARENA; (II) INFORMATION ON ANY AIR QUALITY MEASURING DEVICES USED IN THE ICE ARENA, INCLUDING INFORMATION ON MAINTENANCE AND CALIBRATION OF SUCH DEVICES; (III) THE RESULTS OF ALL AIR QUALITY SAMPLES AND FOLLOW-UP SAMPLES TAKEN PURSUANT TO THIS TITLE; (IV) ANY LONG-TERM CORRECTIVE MEASURES TAKEN PURSUANT TO THIS TITLE; (V) INFORMATION ON ANY EVACUATIONS UNDERTAKEN PURSUANT TO THIS TITLE; AND (VI) ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER. 3. THE COMMISSIONER OR THE OFFICIAL MAY MAKE PROVISIONS FOR ALTERNA- TIVE MEANS OF PROVIDING ANY OF THE INFORMATION IN AN AIR QUALITY RECORD LOG ELECTRONICALLY. 4. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN SUBDIVISION ONE OF SECTION TWELVE OF THIS CHAPTER. ANY OTHER OFFICER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINE OF THIS CHAPTER. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that the commissioner of health shall be immediately authorized and directed to promulgate any rules and regulations necessary for timely implementation of this act, and the department of health and other state and local health officers shall be immediately authorized and directed to take any other actions necessary for implementation of this act on such date.

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