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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8886
SPONSOR: Wallace 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 opera-
tion, maintenance, and monitoring of indoor air quality at ice arenas in
New York that use ice resurfacing equipment powered by combustible
fuels, which produce carbon monoxide (CO) and nitrogen dioxide (NO2).
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 PHI sections:
§ 1389 .h defines terms used in Title 14, including "Air quality measur-
ing 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.
§ 1359-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 5352, 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 prima-
ry 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 fox 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 fox exposure of ice
arena occupants to CO and NO2..
§ 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 required actions when air levels fall below acceptable
standards.
§ 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 mainte-
nance 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.
JUSTIFICATION:
A recent incident at a Cheektowaga ice rink in Western New York (wherein
over 100 people, including many children, suffered from and were treated
for carbon monoxide poisoning) highlights the urgent need for New York
to join the growing list of states that have created indoor air quality
standards for enclosed ice arenas. The potential for carbon monoxide and
nitrogen dioxide poisoning at indoor ice rinks is well documented, and
that risk is heightened when the ice arena uses resurfacing equipment
powered by combustible fuels..
The popularity of ice hockey and skating means that many young New York-
ers (and their parents and grandparents) are spending substantial
amounts of time in indoor ice arenas and are at risk of adverse health
effects from poorly maintained equipment.
The EPA has advised that indoor ice arenas take steps to minimize this
risk., including establishing a system of regularly monitoring and docu-
menting indoor air quality and properly maintaining resurfacing equip-
ment powered by combustible fuels. Several other states have already
taken steps to address this issue by adopting standards for maintaining
safe dndoor air quality in ice arenas. This bill, which is modeled after
existing standards in other states, would protect New Yorkers as well.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
The 180th day after becoming law.
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.
