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

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.