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A08886 Summary:

BILL NOA08886
 
SAME ASSAME AS S08657
 
SPONSORWallace
 
COSPNSRConrad, O'Donnell, Simone, Zebrowski, McMahon, Burdick, Buttenschon, Gunther, Kim, Shrestha, Manktelow, Lemondes, Epstein, Bronson, Benedetto, Shimsky, Williams, Simon, Tapia, Meeks, Zaccaro, Rosenthal L, Darling, Thiele, Carroll, Davila, Burgos, Reyes, Kelles
 
MLTSPNSRLevenberg
 
Add Art 13 Title 14 1389-hh - 1389-kk, Pub Health L
 
Requires ice skating rinks maintain a certain indoor air quality and maintain a certificate of acceptable air quality where a resurfacing machine is used.
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A08886 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8886
 
                   IN ASSEMBLY
 
                                    January 26, 2024
                                       ___________
 
        Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
          tee 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    § 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-
    25  trations of more than sixty parts per million of carbon monoxide or more
    26  than  one  part per million of nitrogen dioxide, or when six consecutive
    27  samples detect the presence in an ice arena of  concentrations  of  more
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14059-01-4

        A. 8886                             2
 
     1  than  thirty  parts  per  million  of carbon monoxide or more than five-
     2  tenths parts per million of nitrogen dioxide.
     3    4. "Evacuation air level" means a standard of air contamination when a
     4  single  air sample detects the presence in an ice arena of carbon monox-
     5  ide at concentrations of one  hundred  twenty-five  or  more  parts  per
     6  million  or  of  nitrogen dioxide at concentrations of two or more parts
     7  per million.
     8    5. "Follow-up air sample" means an air sample that is taken as part of
     9  a corrective action pursuant to this title in order to determine whether
    10  the level of carbon monoxide or nitrogen dioxide in  an  ice  arena  has
    11  been reduced to a safe level following an event that caused a correction
    12  air  level, notification air level or evacuation air level for either of
    13  these substances to be met or exceeded.
    14    6. "Ice arena" means any building which has a roof and fully  enclosed
    15  sides and which contains an ice rink.
    16    7.  "Ice  edging  equipment"  means power equipment used to modify the
    17  perimeter of an ice sheet.
    18    8. "Officer" means the commissioner, the health commissioner of a city
    19  with a population of over fifty thousand, the health commissioner  of  a
    20  county  or  part-county health district, the state district health offi-
    21  cer, in whose jurisdiction an ice arena is located,  any  county  health
    22  director  having  all  the powers and duties prescribed in section three
    23  hundred fifty-two of this chapter, the state district sanitary  engineer
    24  or  a  grade  one  public  health  administrator qualified and appointed
    25  pursuant to part eleven of the sanitary  code  and  serving  as  primary
    26  administrator  of  all health programs in a county or part-county health
    27  district.
    28    9. "Operator" means an owner or another person designated by an  owner
    29  to be responsible for the day-to-day operation of an ice arena.
    30    10.  "Owner"  means  the  person having legal title to the property or
    31  building in which an ice arena is located. For the purposes  of  public-
    32  ly-owned  property,  "owner"  means  the  chief executive officer of the
    33  public entity that owns, leases or controls the use of the property.
    34    11. "Resurfacing machine" means an internal combustion  engine-powered
    35  machine that is used to modify the surface of an ice rink.
    36    12.  "Resurfacing  equipment"  means  one or more resurfacing machines
    37  and/or ice edging equipment.
    38    § 1389-ii. Certificate of acceptable air quality. 1. No  person  shall
    39  operate  an  ice arena in which a resurfacing machine is used unless the
    40  officer has issued the operator a certificate of acceptable air  quality
    41  for  the  ice  arena. The certificate must be displayed in a conspicuous
    42  place in the ice arena.
    43    2. The officer may suspend, modify or revoke a certificate of accepta-
    44  ble air quality for cause, or for a violation of the provisions of  this
    45  title or any rules or regulations adopted thereto.
    46    3. The fee for a certificate shall be two hundred dollars.
    47    4.  The  officer  may  require the operator to perform any preliminary
    48  tests of air quality that he or she determines to be necessary in  order
    49  to  characterize  the  potential  for exposure of ice arena occupants to
    50  carbon monoxide and nitrogen dioxide.
    51    § 1389-jj. Maintenance of acceptable air quality.  1.  Acceptable  air
    52  quality conditions shall be maintained within an ice arena at all times.
    53    2.  In  order  to determine and monitor air quality in accordance with
    54  this title, the operator shall employ one or more air quality  measuring
    55  devices on a daily basis in the ice arena. The results of the air quali-
    56  ty  sample  shall be recorded in an air quality record log in accordance

        A. 8886                             3

     1  with section thirteen hundred eighty-nine-kk of this  title.  If  deemed
     2  necessary  or  appropriate,  the  officer  may  require  the operator to
     3  install additional devices or use another type of air quality  measuring
     4  device.
     5    3.  The  officer  at  any  reasonable  time may enter an ice arena and
     6  conduct an on-site inspection of air quality, including but not  limited
     7  to after having received a complaint of elevated levels of carbon monox-
     8  ide  or  nitrogen dioxide.   Failure to permit such entry and inspection
     9  shall be grounds for the immediate revocation of the certificate of  air
    10  quality.
    11    4. If an air quality sample detects the presence of carbon monoxide or
    12  nitrogen dioxide at concentrations within the correction air level stan-
    13  dard,  the  operator  shall immediately increase the ventilation rate in
    14  the ice arena through any appropriate and safe means, and shall continue
    15  to provide such increased  ventilation  until  a  follow-up  air  sample
    16  determines  that  the levels of carbon monoxide and nitrogen dioxide are
    17  below the correction air level. Such  follow-up  air  samples  shall  be
    18  taken  in  intervals  of  twenty minutes or less and the results of each
    19  such sample shall be recorded in the air quality record log.
    20    5. If an air quality sample or series of samples detects the  presence
    21  of carbon monoxide or nitrogen dioxide at concentrations at or above the
    22  notification air level standard, the operator shall immediately increase
    23  the  ventilation  rate  as provided in subdivision four of this section,
    24  and shall additionally:
    25    (a) take at least one of the following long-term corrective measures:
    26    (i) make ventilation system improvements to increase  the  ventilation
    27  rate on a long-term basis;
    28    (ii)  warm up resurfacing equipment outside the building or in a sepa-
    29  rate area with a local exhaust system to vent exhaust outside;
    30    (iii) retune and/or repair resurfacing  machines  in  accordance  with
    31  manufacturer recommendations to reduce emissions;
    32    (iv) reduce ice edging time;
    33    (v)  replace ice edging equipment with equipment producing lower emis-
    34  sions;
    35    (vi) install a vertical exhaust pipe the top of  which  extends  above
    36  the highest point of the ice resurfacer;
    37    (vii) install catalytic converters on resurfacing equipment;
    38    (viii)  install  oxygen  sensors  on resurfacing equipment to regulate
    39  fuel leanness or richness;
    40    (ix) decrease resurfacing schedules;
    41    (x)  convert  resurfacing  equipment  to  electric  power  or  acquire
    42  replacement electrically-powered resurfacing equipment; and/or
    43    (xi)  take  other actions that are demonstrated to reduce the level of
    44  emissions of carbon monoxide or nitrogen dioxide in ice arenas; and
    45    (b) notify the officer  within  seventy-two  hours  of  the  date  the
    46  notification air level was detected, the results of the sample detecting
    47  such  levels  and  the  follow-up samples, and the corrective measure or
    48  measures taken.
    49    6. (a) If an air quality sample detects the presence of carbon  monox-
    50  ide or nitrogen dioxide at concentrations at or above the evacuation air
    51  level standard, the operator shall:
    52    (i)  immediately  evacuate  all occupants from the interior of the ice
    53  arena;
    54    (ii) contact local fire or emergency  medical  personnel  as  soon  as
    55  possible to assist in evacuation and hazard assessment; and
    56    (iii) notify the officer upon completion of the evacuation.

        A. 8886                             4

     1    (b) The ice arena shall not be reoccupied until and unless:
     2    (i)  three  consecutive  air samples taken within a period of not more
     3  than three hours indicate that the levels of carbon monoxide and  nitro-
     4  gen dioxide have been reduced below the correction air level;
     5    (ii)  such acceptable levels of carbon monoxide have been confirmed by
     6  one or more independent measurements taken by the local fire  department
     7  and/or the officer; and
     8    (iii) appropriate long-term corrective measures as specified in subdi-
     9  vision five of this section have been taken or are included in a plan of
    10  corrective action submitted to and approved by the officer.
    11    §  1389-kk.  Rules  and  regulations; recordkeeping; penalties. 1. The
    12  commissioner shall adopt any rules and regulations necessary  to  imple-
    13  ment  the  provisions  of  this  title. Such rules and regulations shall
    14  authorize officers to grant variances  from  the  requirements  of  this
    15  title and such rules and regulations when strict compliance would result
    16  in  hardship  and  provided  that  public  health and safety will not be
    17  endangered thereby. Any variance may  include  such  conditions  as  the
    18  officer deems appropriate.
    19    2. Each operator shall maintain an air quality record log in such form
    20  as the commissioner shall prescribe, which shall include:
    21    (i)  information  on  any  resurfacing  machines and other resurfacing
    22  equipment used in the ice arena;
    23    (ii) information on any air quality measuring devices used in the  ice
    24  arena,  including  information  on  maintenance  and calibration of such
    25  devices;
    26    (iii) the results of all air quality  samples  and  follow-up  samples
    27  taken pursuant to this title;
    28    (iv) any long-term corrective measures taken pursuant to this title;
    29    (v)  information on any evacuations undertaken pursuant to this title;
    30  and
    31    (vi) any other information prescribed by the commissioner.
    32    3. The commissioner or the official may make provisions  for  alterna-
    33  tive  means of providing any of the information in an air quality record
    34  log electronically.
    35    4. The commissioner may impose a civil penalty for a violation of this
    36  title in an amount not to exceed that set forth in  subdivision  one  of
    37  section  twelve  of this chapter.   Any other officer may impose a civil
    38  penalty for a violation of this article in an amount not to exceed  that
    39  set  forth  in paragraph (f) of subdivision one of section three hundred
    40  nine of this chapter.
    41    § 2. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law. Effective immediately, the addition,  amend-
    43  ment and/or repeal of any rule or regulation necessary for the implemen-
    44  tation  of  this act on its effective date are authorized to be made and
    45  completed on or before such effective date.
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