Bill Text: NY S06475 | 2011-2012 | General Assembly | Amended
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) 2012-06-21 - PRINT NUMBER 6475A [S06475 Detail]
Download: New_York-2011-S06475-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
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:
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14392-02-2
S. 6475--A 2 A. 9276--A
1 3. "NOTIFICATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN
2 A SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CONCEN-
3 TRATIONS OF MORE THAN SIXTY PARTS PER MILLION OF CARBON MONOXIDE OR MORE
4 THAN ONE PART PER MILLION OF NITROGEN DIOXIDE, OR WHEN SIX CONSECUTIVE
5 SAMPLES DETECT THE PRESENCE IN AN ICE ARENA OF CONCENTRATIONS OF MORE
6 THAN THIRTY PARTS PER MILLION OF CARBON MONOXIDE OR MORE THAN
7 FIVE-TENTHS PARTS PER MILLION OF NITROGEN DIOXIDE.
8 4. "EVACUATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A
9 SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CARBON MONOX-
10 IDE AT CONCENTRATIONS OF ONE HUNDRED TWENTY-FIVE OR MORE PARTS PER
11 MILLION OR OF NITROGEN DIOXIDE AT CONCENTRATIONS OF TWO OR MORE PARTS
12 PER MILLION.
13 5. "FOLLOW-UP AIR SAMPLE" MEANS AN AIR SAMPLE THAT IS TAKEN AS PART OF
14 A CORRECTIVE ACTION PURSUANT TO THIS TITLE IN ORDER TO DETERMINE WHETHER
15 THE LEVEL OF CARBON MONOXIDE OR NITROGEN DIOXIDE IN AN ICE ARENA HAS
16 BEEN REDUCED TO A SAFE LEVEL FOLLOWING AN EVENT THAT CAUSED A CORRECTION
17 AIR LEVEL, NOTIFICATION AIR LEVEL OR EVACUATION AIR LEVEL FOR EITHER OF
18 THESE SUBSTANCES TO BE MET OR EXCEEDED.
19 6. "ICE ARENA" MEANS ANY BUILDING WHICH HAS A ROOF AND FULLY ENCLOSED
20 SIDES AND WHICH CONTAINS AN ICE RINK.
21 7. "ICE EDGING EQUIPMENT" MEANS POWER EQUIPMENT USED TO MODIFY THE
22 PERIMETER OF AN ICE SHEET.
23 8. "OFFICER" MEANS THE COMMISSIONER, THE HEALTH COMMISSIONER OF A CITY
24 WITH A POPULATION OF OVER FIFTY THOUSAND, THE HEALTH COMMISSIONER OF A
25 COUNTY OR PART-COUNTY HEALTH DISTRICT, THE STATE DISTRICT HEALTH OFFI-
26 CER, IN WHOSE JURISDICTION AN ICE ARENA IS LOCATED, ANY COUNTY HEALTH
27 DIRECTOR HAVING ALL THE POWERS AND DUTIES PRESCRIBED IN SECTION THREE
28 HUNDRED FIFTY-TWO OF THIS CHAPTER, THE STATE DISTRICT SANITARY ENGINEER
29 OR A GRADE ONE PUBLIC HEALTH ADMINISTRATOR QUALIFIED AND APPOINTED
30 PURSUANT TO PART ELEVEN OF THE SANITARY CODE AND SERVING AS PRIMARY
31 ADMINISTRATOR OF ALL HEALTH PROGRAMS IN A COUNTY OR PART-COUNTY HEALTH
32 DISTRICT.
33 9. "OPERATOR" MEANS AN OWNER OR ANOTHER PERSON DESIGNATED BY AN OWNER
34 TO BE RESPONSIBLE FOR THE DAY-TO-DAY OPERATION OF AN ICE ARENA.
35 10. "OWNER" MEANS THE PERSON HAVING LEGAL TITLE TO THE PROPERTY OR
36 BUILDING IN WHICH AN ICE ARENA IS LOCATED. FOR THE PURPOSES OF PUBLIC-
37 LY-OWNED PROPERTY, "OWNER" MEANS THE CHIEF EXECUTIVE OFFICER OF THE
38 PUBLIC ENTITY THAT OWNS, LEASES OR CONTROLS THE USE OF THE PROPERTY.
39 11. "RESURFACING MACHINE" MEANS AN INTERNAL COMBUSTION ENGINE-POWERED
40 MACHINE THAT IS USED TO MODIFY THE SURFACE OF AN ICE RINK.
41 12. "RESURFACING EQUIPMENT" MEANS ONE OR MORE RESURFACING MACHINES
42 AND/OR ICE EDGING EQUIPMENT.
43 S 1389-II. CERTIFICATE OF ACCEPTABLE AIR QUALITY. 1. NO PERSON SHALL
44 OPERATE AN ICE ARENA IN WHICH A RESURFACING MACHINE IS USED UNLESS THE
45 OFFICER HAS ISSUED THE OPERATOR A CERTIFICATE OF ACCEPTABLE AIR QUALITY
46 FOR THE ICE ARENA. THE CERTIFICATE MUST BE DISPLAYED IN A CONSPICUOUS
47 PLACE IN THE ICE ARENA.
48 2. THE OFFICER MAY SUSPEND, MODIFY OR REVOKE A CERTIFICATE OF ACCEPTA-
49 BLE AIR QUALITY FOR CAUSE, OR FOR A VIOLATION OF THE PROVISIONS OF THIS
50 TITLE OR ANY RULES OR REGULATIONS ADOPTED THERETO.
51 3. THE FEE FOR A CERTIFICATE SHALL BE TWO HUNDRED DOLLARS.
52 4. THE OFFICER MAY REQUIRE THE OPERATOR TO PERFORM ANY PRELIMINARY
53 TESTS OF AIR QUALITY THAT HE OR SHE DETERMINES TO BE NECESSARY IN ORDER
54 TO CHARACTERIZE THE POTENTIAL FOR EXPOSURE OF ICE ARENA OCCUPANTS TO
55 CARBON MONOXIDE AND NITROGEN DIOXIDE.
S. 6475--A 3 A. 9276--A
1 S 1389-JJ. MAINTENANCE OF ACCEPTABLE AIR QUALITY. 1. ACCEPTABLE AIR
2 QUALITY CONDITIONS SHALL BE MAINTAINED WITHIN AN ICE ARENA AT ALL TIMES.
3 2. IN ORDER TO DETERMINE AND MONITOR AIR QUALITY IN ACCORDANCE WITH
4 THIS TITLE, THE OPERATOR SHALL EMPLOY ONE OR MORE AIR QUALITY MEASURING
5 DEVICES ON A DAILY BASIS IN THE ICE ARENA. THE RESULTS OF THE AIR QUALI-
6 TY SAMPLE SHALL BE RECORDED IN AN AIR QUALITY RECORD LOG IN ACCORDANCE
7 WITH SECTION THIRTEEN HUNDRED EIGHTY-NINE-KK OF THIS TITLE. IF DEEMED
8 NECESSARY OR APPROPRIATE, THE OFFICER MAY REQUIRE THE OPERATOR TO
9 INSTALL ADDITIONAL DEVICES OR USE ANOTHER TYPE OF AIR QUALITY MEASURING
10 DEVICE.
11 3. THE OFFICER AT ANY REASONABLE TIME MAY ENTER AN ICE ARENA AND
12 CONDUCT AN ON-SITE INSPECTION OF AIR QUALITY, INCLUDING BUT NOT LIMITED
13 TO AFTER HAVING RECEIVED A COMPLAINT OF ELEVATED LEVELS OF CARBON MONOX-
14 IDE OR NITROGEN DIOXIDE. FAILURE TO PERMIT SUCH ENTRY AND INSPECTION
15 SHALL BE GROUNDS FOR THE IMMEDIATE REVOCATION OF THE CERTIFICATE OF AIR
16 QUALITY.
17 4. IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON MONOXIDE OR
18 NITROGEN DIOXIDE AT CONCENTRATIONS WITHIN THE CORRECTION AIR LEVEL STAN-
19 DARD, THE OPERATOR SHALL IMMEDIATELY INCREASE THE VENTILATION RATE IN
20 THE ICE ARENA THROUGH ANY APPROPRIATE AND SAFE MEANS, AND SHALL CONTINUE
21 TO PROVIDE SUCH INCREASED VENTILATION UNTIL A FOLLOW-UP AIR SAMPLE
22 DETERMINES THAT THE LEVELS OF CARBON MONOXIDE AND NITROGEN DIOXIDE ARE
23 BELOW THE CORRECTION AIR LEVEL. SUCH FOLLOW-UP AIR SAMPLES SHALL BE
24 TAKEN IN INTERVALS OF TWENTY MINUTES OR LESS AND THE RESULTS OF EACH
25 SUCH SAMPLE SHALL BE RECORDED IN THE AIR QUALITY RECORD LOG.
26 5. IF AN AIR QUALITY SAMPLE OR SERIES OF SAMPLES DETECTS THE PRESENCE
27 OF CARBON MONOXIDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE
28 NOTIFICATION AIR LEVEL STANDARD, THE OPERATOR SHALL IMMEDIATELY INCREASE
29 THE VENTILATION RATE AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION,
30 AND SHALL ADDITIONALLY:
31 (A) TAKE AT LEAST ONE OF THE FOLLOWING LONG-TERM CORRECTIVE MEASURES:
32 (I) MAKE VENTILATION SYSTEM IMPROVEMENTS TO INCREASE THE VENTILATION
33 RATE ON A LONG-TERM BASIS;
34 (II) WARM UP RESURFACING EQUIPMENT OUTSIDE THE BUILDING OR IN A SEPA-
35 RATE AREA WITH A LOCAL EXHAUST SYSTEM TO VENT EXHAUST OUTSIDE;
36 (III) RETUNE AND/OR REPAIR RESURFACING MACHINES IN ACCORDANCE WITH
37 MANUFACTURER RECOMMENDATIONS TO REDUCE EMISSIONS;
38 (IV) REDUCE ICE EDGING TIME;
39 (V) REPLACE ICE EDGING EQUIPMENT WITH EQUIPMENT PRODUCING LOWER EMIS-
40 SIONS;
41 (VI) INSTALL A VERTICAL EXHAUST PIPE THE TOP OF WHICH EXTENDS ABOVE
42 THE HIGHEST POINT OF THE ICE RESURFACER;
43 (VII) INSTALL CATALYTIC CONVERTERS ON RESURFACING EQUIPMENT;
44 (VIII) INSTALL OXYGEN SENSORS ON RESURFACING EQUIPMENT TO REGULATE
45 FUEL LEANNESS OR RICHNESS;
46 (IX) DECREASE RESURFACING SCHEDULES;
47 (X) CONVERT RESURFACING EQUIPMENT TO ELECTRIC POWER OR ACQUIRE
48 REPLACEMENT ELECTRICALLY-POWERED RESURFACING EQUIPMENT; AND/OR
49 (XI) TAKE OTHER ACTIONS THAT ARE DEMONSTRATED TO REDUCE THE LEVEL OF
50 EMISSIONS OF CARBON MONOXIDE OR NITROGEN DIOXIDE IN ICE ARENAS; AND
51 (B) NOTIFY THE OFFICER WITHIN SEVENTY-TWO HOURS OF THE DATE THE
52 NOTIFICATION AIR LEVEL WAS DETECTED, THE RESULTS OF THE SAMPLE DETECTING
53 SUCH LEVELS AND THE FOLLOW-UP SAMPLES, AND THE CORRECTIVE MEASURE OR
54 MEASURES TAKEN.
S. 6475--A 4 A. 9276--A
1 6. (A) IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON MONOX-
2 IDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE EVACUATION AIR
3 LEVEL STANDARD, THE OPERATOR SHALL:
4 (I) IMMEDIATELY EVACUATE ALL OCCUPANTS FROM THE INTERIOR OF THE ICE
5 ARENA;
6 (II) CONTACT LOCAL FIRE OR EMERGENCY MEDICAL PERSONNEL AS SOON AS
7 POSSIBLE TO ASSIST IN EVACUATION AND HAZARD ASSESSMENT; AND
8 (III) NOTIFY THE OFFICER UPON COMPLETION OF THE EVACUATION.
9 (B) THE ICE ARENA SHALL NOT BE REOCCUPIED UNTIL AND UNLESS:
10 (I) THREE CONSECUTIVE AIR SAMPLES TAKEN WITHIN A PERIOD OF NOT MORE
11 THAN THREE HOURS INDICATE THAT THE LEVELS OF CARBON MONOXIDE AND NITRO-
12 GEN DIOXIDE HAVE BEEN REDUCED BELOW THE CORRECTION AIR LEVEL;
13 (II) SUCH ACCEPTABLE LEVELS OF CARBON MONOXIDE HAVE BEEN CONFIRMED BY
14 ONE OR MORE INDEPENDENT MEASUREMENTS TAKEN BY THE LOCAL FIRE DEPARTMENT
15 AND/OR THE OFFICER; AND
16 (III) APPROPRIATE LONG-TERM CORRECTIVE MEASURES AS SPECIFIED IN SUBDI-
17 VISION FIVE OF THIS SECTION HAVE BEEN TAKEN OR ARE INCLUDED IN A PLAN OF
18 CORRECTIVE ACTION SUBMITTED TO AND APPROVED BY THE OFFICER.
19 S 1389-KK. RULES AND REGULATIONS; RECORDKEEPING; PENALTIES. 1. THE
20 COMMISSIONER SHALL ADOPT ANY RULES AND REGULATIONS NECESSARY TO IMPLE-
21 MENT THE PROVISIONS OF THIS TITLE. SUCH RULES AND REGULATIONS SHALL
22 AUTHORIZE OFFICERS TO GRANT VARIANCES FROM THE REQUIREMENTS OF THIS
23 TITLE AND SUCH RULES AND REGULATIONS WHEN STRICT COMPLIANCE WOULD RESULT
24 IN HARDSHIP AND PROVIDED THAT PUBLIC HEALTH AND SAFETY WILL NOT BE
25 ENDANGERED THEREBY. ANY VARIANCE MAY INCLUDE SUCH CONDITIONS AS THE
26 OFFICER DEEMS APPROPRIATE.
27 2. EACH OPERATOR SHALL MAINTAIN AN AIR QUALITY RECORD LOG IN SUCH FORM
28 AS THE COMMISSIONER SHALL PRESCRIBE, WHICH SHALL INCLUDE:
29 (I) INFORMATION ON ANY RESURFACING MACHINES AND OTHER RESURFACING
30 EQUIPMENT USED IN THE ICE ARENA;
31 (II) INFORMATION ON ANY AIR QUALITY MEASURING DEVICES USED IN THE ICE
32 ARENA, INCLUDING INFORMATION ON MAINTENANCE AND CALIBRATION OF SUCH
33 DEVICES;
34 (III) THE RESULTS OF ALL AIR QUALITY SAMPLES AND FOLLOW-UP SAMPLES
35 TAKEN PURSUANT TO THIS TITLE;
36 (IV) ANY LONG-TERM CORRECTIVE MEASURES TAKEN PURSUANT TO THIS TITLE;
37 (V) INFORMATION ON ANY EVACUATIONS UNDERTAKEN PURSUANT TO THIS TITLE;
38 AND
39 (VI) ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER.
40 3. THE COMMISSIONER OR THE OFFICIAL MAY MAKE PROVISIONS FOR ALTERNA-
41 TIVE MEANS OF PROVIDING ANY OF THE INFORMATION IN AN AIR QUALITY RECORD
42 LOG ELECTRONICALLY.
43 4. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS
44 ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN SUBDIVISION ONE OF
45 SECTION TWELVE OF THIS CHAPTER. ANY OTHER OFFICER MAY IMPOSE A CIVIL
46 PENALTY FOR A VIOLATION OF THIS ARTICLE IN AN AMOUNT NOT TO EXCEED THAT
47 SET FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
48 NINE OF THIS CHAPTER.
49 S 2. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law; provided, however, that the commissioner of
51 health shall be immediately authorized and directed to promulgate any
52 rules and regulations necessary for timely implementation of this act,
53 and the department of health and other state and local health officers
54 shall be immediately authorized and directed to take any other actions
55 necessary for implementation of this act on such date.
