Bill Text: NY S00597 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires operators of ice arenas in which a resurfacing machine is used to have a certificate of acceptable air quality for the ice arena.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HEALTH [S00597 Detail]
Download: New_York-2013-S00597-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
597
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. GIANARIS, STAVISKY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Health
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:
1 Section 1. Article 13 of the public health law is amended by adding a
2 new title 14 to read as follows:
3 TITLE 14
4 INDOOR AIR QUALITY IN ICE SKATING RINKS
5 SECTION 1389-HH. DEFINITIONS.
6 1389-II. CERTIFICATE OF ACCEPTABLE AIR QUALITY.
7 1389-JJ. MAINTENANCE OF ACCEPTABLE AIR QUALITY.
8 1389-KK. RULES AND REGULATIONS; RECORDKEEPING; PENALTIES.
9 S 1389-HH. DEFINITIONS. AS USED IN THIS TITLE: 1. "AIR QUALITY MEASUR-
10 ING DEVICE" MEANS PUMP AND COLORIMETRIC TUBE OR ELECTRONIC DIRECT READ
11 GAS DETECTION EQUIPMENT, OR ANY SIMILAR EQUIPMENT APPROVED BY THE
12 COMMISSIONER, UTILIZED FOR THE SAMPLING AND MEASUREMENT OF CARBON MONOX-
13 IDE AND NITROGEN DIOXIDE, WHICH EQUIPMENT SHALL BE CAPABLE OF MEASURING
14 CARBON MONOXIDE AIR CONCENTRATIONS IN A RANGE FROM ZERO TO ONE HUNDRED
15 FIFTY PARTS PER MILLION WITH A RESOLUTION OF ONE PARTS PER MILLION, OR
16 MEASURING NITROGEN OXIDE AIR CONCENTRATIONS IN A RANGE FROM ZERO TO FIVE
17 PARTS PER MILLION WITH A RESOLUTION OF ONE-TENTH PARTS PER MILLION.
18 2. "CORRECTION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A
19 SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CONCENTRATIONS
20 OF MORE THAN THIRTY PARTS PER MILLION BUT LESS THAN ONE HUNDRED TWENTY-
21 FIVE PARTS PER MILLION OF CARBON MONOXIDE OR MORE THAN FIVE-TENTHS PARTS
22 PER MILLION BUT LESS THAN TWO PARTS PER MILLION OF NITROGEN DIOXIDE.
23 3. "NOTIFICATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN
24 A SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CONCEN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01840-01-3
S. 597 2
1 TRATIONS OF MORE THAN SIXTY PARTS PER MILLION OF CARBON MONOXIDE OR MORE
2 THAN ONE PART PER MILLION OF NITROGEN DIOXIDE, OR WHEN SIX CONSECUTIVE
3 SAMPLES DETECT THE PRESENCE IN AN ICE ARENA OF CONCENTRATIONS OF MORE
4 THAN THIRTY PARTS PER MILLION OF CARBON MONOXIDE OR MORE THAN
5 FIVE-TENTHS PARTS PER MILLION OF NITROGEN DIOXIDE.
6 4. "EVACUATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A
7 SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CARBON MONOX-
8 IDE AT CONCENTRATIONS OF ONE HUNDRED TWENTY-FIVE OR MORE PARTS PER
9 MILLION OR OF NITROGEN DIOXIDE AT CONCENTRATIONS OF TWO OR MORE PARTS
10 PER MILLION.
11 5. "FOLLOW-UP AIR SAMPLE" MEANS AN AIR SAMPLE THAT IS TAKEN AS PART OF
12 A CORRECTIVE ACTION PURSUANT TO THIS TITLE IN ORDER TO DETERMINE WHETHER
13 THE LEVEL OF CARBON MONOXIDE OR NITROGEN DIOXIDE IN AN ICE ARENA HAS
14 BEEN REDUCED TO A SAFE LEVEL FOLLOWING AN EVENT THAT CAUSED A CORRECTION
15 AIR LEVEL, NOTIFICATION AIR LEVEL OR EVACUATION AIR LEVEL FOR EITHER OF
16 THESE SUBSTANCES TO BE MET OR EXCEEDED.
17 6. "ICE ARENA" MEANS ANY BUILDING WHICH HAS A ROOF AND FULLY ENCLOSED
18 SIDES AND WHICH CONTAINS AN ICE RINK.
19 7. "ICE EDGING EQUIPMENT" MEANS POWER EQUIPMENT USED TO MODIFY THE
20 PERIMETER OF AN ICE SHEET.
21 8. "OFFICER" MEANS THE COMMISSIONER, THE HEALTH COMMISSIONER OF A CITY
22 WITH A POPULATION OF OVER FIFTY THOUSAND, THE HEALTH COMMISSIONER OF A
23 COUNTY OR PART-COUNTY HEALTH DISTRICT, THE STATE DISTRICT HEALTH OFFI-
24 CER, IN WHOSE JURISDICTION AN ICE ARENA IS LOCATED, ANY COUNTY HEALTH
25 DIRECTOR HAVING ALL THE POWERS AND DUTIES PRESCRIBED IN SECTION THREE
26 HUNDRED FIFTY-TWO OF THIS CHAPTER, THE STATE DISTRICT SANITARY ENGINEER
27 OR A GRADE ONE PUBLIC HEALTH ADMINISTRATOR QUALIFIED AND APPOINTED
28 PURSUANT TO PART ELEVEN OF THE SANITARY CODE AND SERVING AS PRIMARY
29 ADMINISTRATOR OF ALL HEALTH PROGRAMS IN A COUNTY OR PART-COUNTY HEALTH
30 DISTRICT.
31 9. "OPERATOR" MEANS AN OWNER OR ANOTHER PERSON DESIGNATED BY AN OWNER
32 TO BE RESPONSIBLE FOR THE DAY-TO-DAY OPERATION OF AN ICE ARENA.
33 10. "OWNER" MEANS THE PERSON HAVING LEGAL TITLE TO THE PROPERTY OR
34 BUILDING IN WHICH AN ICE ARENA IS LOCATED. FOR THE PURPOSES OF PUBLIC-
35 LY-OWNED PROPERTY, "OWNER" MEANS THE CHIEF EXECUTIVE OFFICER OF THE
36 PUBLIC ENTITY THAT OWNS, LEASES OR CONTROLS THE USE OF THE PROPERTY.
37 11. "RESURFACING MACHINE" MEANS AN INTERNAL COMBUSTION ENGINE-POWERED
38 MACHINE THAT IS USED TO MODIFY THE SURFACE OF AN ICE RINK.
39 12. "RESURFACING EQUIPMENT" MEANS ONE OR MORE RESURFACING MACHINES
40 AND/OR ICE EDGING EQUIPMENT.
41 S 1389-II. CERTIFICATE OF ACCEPTABLE AIR QUALITY. 1. NO PERSON SHALL
42 OPERATE AN ICE ARENA IN WHICH A RESURFACING MACHINE IS USED UNLESS THE
43 OFFICER HAS ISSUED THE OPERATOR A CERTIFICATE OF ACCEPTABLE AIR QUALITY
44 FOR THE ICE ARENA. THE CERTIFICATE MUST BE DISPLAYED IN A CONSPICUOUS
45 PLACE IN THE ICE ARENA.
46 2. THE OFFICER MAY SUSPEND, MODIFY OR REVOKE A CERTIFICATE OF ACCEPTA-
47 BLE AIR QUALITY FOR CAUSE, OR FOR A VIOLATION OF THE PROVISIONS OF THIS
48 TITLE OR ANY RULES OR REGULATIONS ADOPTED THERETO.
49 3. THE FEE FOR A CERTIFICATE SHALL BE TWO HUNDRED DOLLARS.
50 4. THE OFFICER MAY REQUIRE THE OPERATOR TO PERFORM ANY PRELIMINARY
51 TESTS OF AIR QUALITY THAT HE OR SHE DETERMINES TO BE NECESSARY IN ORDER
52 TO CHARACTERIZE THE POTENTIAL FOR EXPOSURE OF ICE ARENA OCCUPANTS TO
53 CARBON MONOXIDE AND NITROGEN DIOXIDE.
54 S 1389-JJ. MAINTENANCE OF ACCEPTABLE AIR QUALITY. 1. ACCEPTABLE AIR
55 QUALITY CONDITIONS SHALL BE MAINTAINED WITHIN AN ICE ARENA AT ALL TIMES.
S. 597 3
1 2. IN ORDER TO DETERMINE AND MONITOR AIR QUALITY IN ACCORDANCE WITH
2 THIS TITLE, THE OPERATOR SHALL EMPLOY ONE OR MORE AIR QUALITY MEASURING
3 DEVICES ON A DAILY BASIS IN THE ICE ARENA. THE RESULTS OF THE AIR QUALI-
4 TY SAMPLE SHALL BE RECORDED IN AN AIR QUALITY RECORD LOG IN ACCORDANCE
5 WITH SECTION THIRTEEN HUNDRED EIGHTY-NINE-KK OF THIS TITLE. IF DEEMED
6 NECESSARY OR APPROPRIATE, THE OFFICER MAY REQUIRE THE OPERATOR TO
7 INSTALL ADDITIONAL DEVICES OR USE ANOTHER TYPE OF AIR QUALITY MEASURING
8 DEVICE.
9 3. THE OFFICER AT ANY REASONABLE TIME MAY ENTER AN ICE ARENA AND
10 CONDUCT AN ON-SITE INSPECTION OF AIR QUALITY, INCLUDING BUT NOT LIMITED
11 TO AFTER HAVING RECEIVED A COMPLAINT OF ELEVATED LEVELS OF CARBON MONOX-
12 IDE OR NITROGEN DIOXIDE. FAILURE TO PERMIT SUCH ENTRY AND INSPECTION
13 SHALL BE GROUNDS FOR THE IMMEDIATE REVOCATION OF THE CERTIFICATE OF AIR
14 QUALITY.
15 4. IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON MONOXIDE OR
16 NITROGEN DIOXIDE AT CONCENTRATIONS WITHIN THE CORRECTION AIR LEVEL STAN-
17 DARD, THE OPERATOR SHALL IMMEDIATELY INCREASE THE VENTILATION RATE IN
18 THE ICE ARENA THROUGH ANY APPROPRIATE AND SAFE MEANS, AND SHALL CONTINUE
19 TO PROVIDE SUCH INCREASED VENTILATION UNTIL A FOLLOW-UP AIR SAMPLE
20 DETERMINES THAT THE LEVELS OF CARBON MONOXIDE AND NITROGEN DIOXIDE ARE
21 BELOW THE CORRECTION AIR LEVEL. SUCH FOLLOW-UP AIR SAMPLES SHALL BE
22 TAKEN IN INTERVALS OF TWENTY MINUTES OR LESS AND THE RESULTS OF EACH
23 SUCH SAMPLE SHALL BE RECORDED IN THE AIR QUALITY RECORD LOG.
24 5. IF AN AIR QUALITY SAMPLE OR SERIES OF SAMPLES DETECTS THE PRESENCE
25 OF CARBON MONOXIDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE
26 NOTIFICATION AIR LEVEL STANDARD, THE OPERATOR SHALL IMMEDIATELY INCREASE
27 THE VENTILATION RATE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION,
28 AND SHALL ADDITIONALLY:
29 (A) TAKE AT LEAST ONE OF THE FOLLOWING LONG-TERM CORRECTIVE MEASURES:
30 (I) MAKE VENTILATION SYSTEM IMPROVEMENTS TO INCREASE THE VENTILATION
31 RATE ON A LONG-TERM BASIS;
32 (II) WARM UP RESURFACING EQUIPMENT OUTSIDE THE BUILDING OR IN A SEPA-
33 RATE AREA WITH A LOCAL EXHAUST SYSTEM TO VENT EXHAUST OUTSIDE;
34 (III) RETUNE AND/OR REPAIR RESURFACING MACHINES IN ACCORDANCE WITH
35 MANUFACTURER RECOMMENDATIONS TO REDUCE EMISSIONS;
36 (IV) REDUCE ICE EDGING TIME;
37 (V) REPLACE ICE EDGING EQUIPMENT WITH EQUIPMENT PRODUCING LOWER EMIS-
38 SIONS;
39 (VI) INSTALL A VERTICAL EXHAUST PIPE THE TOP OF WHICH EXTENDS ABOVE
40 THE HIGHEST POINT OF THE ICE RESURFACER;
41 (VII) INSTALL CATALYTIC CONVERTERS ON RESURFACING EQUIPMENT;
42 (VIII) INSTALL OXYGEN SENSORS ON RESURFACING EQUIPMENT TO REGULATE
43 FUEL LEANNESS OR RICHNESS;
44 (IX) DECREASE RESURFACING SCHEDULES;
45 (X) CONVERT RESURFACING EQUIPMENT TO ELECTRIC POWER OR ACQUIRE
46 REPLACEMENT ELECTRICALLY-POWERED RESURFACING EQUIPMENT; AND/OR
47 (XI) TAKE OTHER ACTIONS THAT ARE DEMONSTRATED TO REDUCE THE LEVEL OF
48 EMISSIONS OF CARBON MONOXIDE OR NITROGEN DIOXIDE IN ICE ARENAS; AND
49 (B) NOTIFY THE OFFICER WITHIN SEVENTY-TWO HOURS OF THE DATE THE
50 NOTIFICATION AIR LEVEL WAS DETECTED, THE RESULTS OF THE SAMPLE DETECTING
51 SUCH LEVELS AND THE FOLLOW-UP SAMPLES, AND THE CORRECTIVE MEASURE OR
52 MEASURES TAKEN.
53 6. (A) IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON MONOX-
54 IDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE EVACUATION AIR
55 LEVEL STANDARD, THE OPERATOR SHALL:
S. 597 4
1 (I) IMMEDIATELY EVACUATE ALL OCCUPANTS FROM THE INTERIOR OF THE ICE
2 ARENA;
3 (II) CONTACT LOCAL FIRE OR EMERGENCY MEDICAL PERSONNEL AS SOON AS
4 POSSIBLE TO ASSIST IN EVACUATION AND HAZARD ASSESSMENT; AND
5 (III) NOTIFY THE OFFICER UPON COMPLETION OF THE EVACUATION.
6 (B) THE ICE ARENA SHALL NOT BE REOCCUPIED UNTIL AND UNLESS:
7 (I) THREE CONSECUTIVE AIR SAMPLES TAKEN WITHIN A PERIOD OF NOT MORE
8 THAN THREE HOURS INDICATE THAT THE LEVELS OF CARBON MONOXIDE AND NITRO-
9 GEN DIOXIDE HAVE BEEN REDUCED BELOW THE CORRECTION AIR LEVEL;
10 (II) SUCH ACCEPTABLE LEVELS OF CARBON MONOXIDE HAVE BEEN CONFIRMED BY
11 ONE OR MORE INDEPENDENT MEASUREMENTS TAKEN BY THE LOCAL FIRE DEPARTMENT
12 AND/OR THE OFFICER; AND
13 (III) APPROPRIATE LONG-TERM CORRECTIVE MEASURES AS SPECIFIED IN SUBDI-
14 VISION FIVE OF THIS SECTION HAVE BEEN TAKEN OR ARE INCLUDED IN A PLAN OF
15 CORRECTIVE ACTION SUBMITTED TO AND APPROVED BY THE OFFICER.
16 S 1389-KK. RULES AND REGULATIONS; RECORDKEEPING; PENALTIES. 1. THE
17 COMMISSIONER SHALL ADOPT ANY RULES AND REGULATIONS NECESSARY TO IMPLE-
18 MENT THE PROVISIONS OF THIS TITLE. SUCH RULES AND REGULATIONS SHALL
19 AUTHORIZE OFFICERS TO GRANT VARIANCES FROM THE REQUIREMENTS OF THIS
20 TITLE AND SUCH RULES AND REGULATIONS WHEN STRICT COMPLIANCE WOULD RESULT
21 IN HARDSHIP AND PROVIDED THAT PUBLIC HEALTH AND SAFETY WILL NOT BE
22 ENDANGERED THEREBY. ANY VARIANCE MAY INCLUDE SUCH CONDITIONS AS THE
23 OFFICER DEEMS APPROPRIATE.
24 2. EACH OPERATOR SHALL MAINTAIN AN AIR QUALITY RECORD LOG IN SUCH FORM
25 AS THE COMMISSIONER SHALL PRESCRIBE, WHICH SHALL INCLUDE:
26 (I) INFORMATION ON ANY RESURFACING MACHINES AND OTHER RESURFACING
27 EQUIPMENT USED IN THE ICE ARENA;
28 (II) INFORMATION ON ANY AIR QUALITY MEASURING DEVICES USED IN THE ICE
29 ARENA, INCLUDING INFORMATION ON MAINTENANCE AND CALIBRATION OF SUCH
30 DEVICES;
31 (III) THE RESULTS OF ALL AIR QUALITY SAMPLES AND FOLLOW-UP SAMPLES
32 TAKEN PURSUANT TO THIS TITLE;
33 (IV) ANY LONG-TERM CORRECTIVE MEASURES TAKEN PURSUANT TO THIS TITLE;
34 (V) INFORMATION ON ANY EVACUATIONS UNDERTAKEN PURSUANT TO THIS TITLE;
35 AND
36 (VI) ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER.
37 3. THE COMMISSIONER OR THE OFFICIAL MAY MAKE PROVISIONS FOR ALTERNA-
38 TIVE MEANS OF PROVIDING ANY OF THE INFORMATION IN AN AIR QUALITY RECORD
39 LOG ELECTRONICALLY.
40 4. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS
41 ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN SUBDIVISION ONE OF
42 SECTION TWELVE OF THIS CHAPTER. ANY OTHER OFFICER MAY IMPOSE A CIVIL
43 PENALTY FOR A VIOLATION OF THIS ARTICLE IN AN AMOUNT NOT TO EXCEED THAT
44 SET FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
45 NINE OF THIS CHAPTER.
46 S 2. This act shall take effect on the one hundred eightieth day after
47 it shall have become a law; provided, however, that the commissioner of
48 health shall be immediately authorized and directed to promulgate any
49 rules and regulations necessary for timely implementation of this act,
50 and the department of health and other state and local health officers
51 shall be immediately authorized and directed to take any other actions
52 necessary for implementation of this act on such date.
