PRINTER'S NO. 1367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1144
Session of
2017
INTRODUCED BY BRIGGS, ENGLISH, V. BROWN, HELM, SAMUELSON,
READSHAW, McCARTER AND FARRY, APRIL 12, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 12, 2017
AN ACT
Providing for air quality at ice arenas; and imposing powers and
duties on the Department of Environmental Protection and the
Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Ice Arena Air
Quality Act.
Section 2. Legislative findings and intent.
(a) Findings.--The General Assembly finds that:
(1) Carbon monoxide is a poisonous, colorless, odorless
and tasteless gas.
(2) While it has no detectable odor, carbon monoxide is
often mixed with other gases that have an odor.
(3) Carbon monoxide is harmful when inhaled because it
displaces oxygen in the blood and deprives other vital organs
of oxygen.
(4) Every year, many Americans die or are hospitalized
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from carbon monoxide poisoning.
(b) Intent.--The General Assembly intends to provide for the
regulation of air quality in ice arenas. The requirements apply
to all owners and operators of ice arenas in which internal
combustion engine-powered ice resurfacing machines or internal
combustion heaters or other devices producing carbon monoxide
emissions are used.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Ice arena." A building with a roof and partially or fully
enclosed sides that contains an ice rink.
"Operator." A person designated by an owner as responsible
for the daily operation of an ice arena.
"Owner." A person having legal title to property or
buildings of an ice arena. For purposes of publicly owned
property only, the term means the chief executive officer of the
State or municipal agency that owns, leases or controls the use
of the property.
"Person." An individual, corporation, partnership, firm,
association, trust, estate, public or private institution,
group, agency, political subdivision of the Commonwealth and any
instrumentality thereof and the legal successor, representative,
agent or agency of any of them.
"Ppm." Parts per million of carbon monoxide.
"Resurfacing machine." An internal combustion engine-powered
machine used for modifying an ice rink surface.
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"Secretaries." The Secretary of Environmental Protection and
the Secretary of Health or their designees.
Section 4. Maintenance of air quality conditions.
An owner or operator shall maintain air quality conditions in
the ice arena according to one of the following methods:
(1) Proper mechanical adjustment of the internal
combustion engine of resurfacing machines, internal
combustion heaters and other devices that produce carbon
monoxide emissions.
(2) Proper ventilation of the ice arena.
(3) Other methods approved in writing by the department
and the Department of Health, or their designees.
Section 5. Documentation of air quality conditions.
(a) General rule.--An owner or operator shall document
measurement of indoor air quality conditions on a form approved
by the department and the Department of Health.
(b) Mechanic information.--
(1) Whenever the method specified in section 4(1) is
utilized as a method of control, the documentation shall
include the name of the mechanic and the equipment being
used.
(2) The owner or operator shall maintain documentation
that the mechanic has received formal or on-the-job training
relevant to the repair and maintenance of the specific ice
resurfacing machine, internal combustion heaters and other
carbon monoxide producing devices utilized at the ice arena.
(c) Production and posting of information.--
(1) All information contained on the form shall be made
available, upon reasonable request, to any person with an
interest in the operation of the ice arena, including, but
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not limited to, headmasters, school superintendents, league
and association officials, referees and coaches.
(2) The owner or operator shall:
(i) post copies of the form in the ice arena foyer
or other location that is readily accessible to both ice
arena employees and the general public; or
(ii) post a notice indicating where the information
is available for review.
(d) Monthly reporting.--The owner or operator shall submit
monthly copies of the data contained on the form to the
Secretary of Health not later than the fifth day of the
following month.
Section 6. Measurement of air quality conditions.
(a) General rule.--An owner or operator shall measure air
quality conditions at least once per day. The measurement shall
be made at board height and the red line and at a time of
maximum frequency of use of the resurfacing machine.
(b) Methods.--Acceptable methods of measuring air quality
conditions under this section shall be one of the following:
(1) use of a real-time carbon monoxide level monitor;
(2) use of a real-time carbon monoxide level monitor
with adjustable action levels and automatic alarm; or
(3) any other method approved in writing by the
secretaries.
(c) Specifications.--
(1) If a real-time carbon monoxide level monitor is
used:
(i) The unit shall have a valid calibration in
accordance with the manufacturer's current
specifications.
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(ii) Calibration records shall include, at a
minimum, the following data: name of person performing
the calibration; date of calibration; actual reading
observed; concentration of calibration gas used; and any
problem that could invalidate the calibration.
(iii) Readings shall be taken at five-minute
intervals for a one-hour period. Each reading as well as
the average of the 12 measurements shall be recorded on
the approved form.
(2) If a real-time carbon monoxide level monitor with
adjustable action levels and automatic alarm is used:
(i) The unit shall have a valid calibration in
accordance with the manufacturer's current
specifications.
(ii) Calibration records shall include, at a
minimum, the following data: name of person performing
the calibration; date of calibration; actual reading
observed; concentration of calibration gas used; and any
problem that could invalidate the calibration.
(iii) The unit shall be equipped with two alarm
levels.
(iv) If the unit is not equipped with a permanent
logging device, measurements shall be recorded as
described in paragraph (1)(iii).
Section 7. Failure to maintain air quality.
(a) Duty to evacuate.--
(1) Whenever a single reading or one-hour average in the
ice arena is greater than or equal to the ppm established by
the department, the owner or operator shall immediately
evacuate all persons from the ice rink surface and adjacent
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areas.
(2) The secretaries shall be immediately notified by
telephone of the action, and the ice arena may not reopen
until authorized by the secretaries.
(b) Duty to take corrective action.--
(1) Whenever one-hour averages are in excess of the ppm
established by the department and less than the ppm in the
ice arena, immediate corrective action must be taken. The
corrective action may include, but not be limited to, an
immediate increase in the ventilation rate or an increase in
the interval between resurfacing operations.
(2) Corrective action shall not be deemed adequate until
subsequent measurements of air quality conditions confirm
that carbon monoxide levels in the ice arena are below the
ppm established by the department.
(c) Duty to make hourly measurements.--Whenever a condition
described in subsection (b) occurs:
(1) If skating is allowed to continue, the owner or
operator shall immediately begin measurement of air quality
conditions at one-hour intervals until an hourly measurement
confirms that carbon monoxide levels in the ice arena are
below the ppm established by the department.
(2) The secretaries shall be immediately notified by
telephone if two consecutive hourly measurements indicate
that carbon monoxide levels have remained above the ppm
established by the department and are increasing.
(3) When an hourly measurement confirms that carbon
monoxide levels in the ice arena are below the ppm
established by the department, the owner or operator shall
continue measurement of air quality conditions at least two
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times per day. These measurements shall be made at least two
hours apart and continue until seven consecutive days of
monitoring confirm that carbon monoxide levels in the ice
arena have remained below the ppm established by the
department.
(4) If skating is not allowed to continue, the owner or
operator shall continue measurement of air quality conditions
as described in paragraph (1).
(5) The owner or operator shall submit a written report
to the secretaries within five working days explaining why
the methods of air quality control failed, what immediate
corrective action was taken and what action is planned to
prevent a recurrence of exceeding the air quality standards.
Section 8. Communication and notification.
(a) Telephone notifications.--All telephone notifications to
the Secretary of Health that are required by section 7(a) shall
be made Monday through Friday between 8:30 a.m. and 4:30 p.m. to
the department and the Department of Health.
(b) Recipients of reports.--All written reports to the
secretaries that are required as well as any questions
concerning interpretation or implementation shall be addressed
to the department and the Department of Health.
Section 9. Inspection.
The secretaries or their designees, or any inspector employed
by the department and the Department of Health, may inspect an
ice arena at a reasonable time, without prior notice, to respond
to a complaint of the existence of air quality conditions that
are not in compliance with the requirements of this act or to
review compliance with this act.
Section 10. Enforcement.
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The secretaries shall enforce this act in accordance with
procedures as provided by law.
Section 11. Variances.
(a) General rule.--The secretaries may grant a variance with
respect to sections 4(3) and 6(b)(3) and (c), either upon their
own motion or upon request of an applicant, from the provisions
of a rule or regulation in a specific case if the secretaries
find that a literal enforcement of the provisions will result in
unnecessary hardship to the applicant and that the variance will
not be contrary to the public interest or public health and
safety.
(b) Procedure.--
(1) A request for a variance must be filed by an
applicant in writing and state in detail the basis upon which
the request is made.
(2) Within 30 days of filing of each request for a
variance with the secretaries, the secretaries shall notify
the applicant by certified mail of their approval or, in the
case of a denial, a hearing date, time and place scheduled,
if the applicant appeals the denial, in accordance with the
provisions of law.
Section 12. Rules governing practices and procedures.
(a) General rule.--All hearings and reviews required shall
be held in accordance with the provisions of the rules and
regulations promulgated by the department and the Department of
Health.
(b) Severability.--If any provision of this act or the
application thereof to an individual, institution, agency or
circumstance shall be held invalid, the invalidity shall not
affect the provisions of this act which can be given effect.
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Section 13. Effective date.
This act shall take effect in 90 days.
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