S T A T E O F N E W Y O R K
________________________________________________________________________
2075
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. LUPARDO, GOTTFRIED, SWEENEY, BRODSKY, DINOWITZ,
GALEF, O'DONNELL, ORTIZ, MILLMAN, COLTON, BRADLEY, ROSENTHAL, KAVANAGH
-- Multi-Sponsored by -- M. of A. BING, BOYLAND, BRENNAN, CANESTRARI,
CLARK, COOK, ENGLEBRIGHT, GLICK, GREENE, HOOPER, HOYT, JACOBS, JOHN,
KOON, LIFTON, V. LOPEZ, MAYERSOHN, McENENY, PERRY, PHEFFER, J. RIVERA,
P. RIVERA, ROBINSON, TOWNS, WEISENBERG, WRIGHT -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to protecting indoor
air quality
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
49-A to read as follows:
ARTICLE 49-A
INDOOR AIR QUALITY
SECTION 4920. PURPOSE.
4921. DEFINITIONS.
4922. INDOOR AIR QUALITY PLAN.
4923. INDOOR AIR QUALITY STANDARDS.
4924. INDOOR AIR INVESTIGATIONS.
4925. TRAINING COURSE.
S 4920. PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO PROTECT PUBLIC
HEALTH BY PROVIDING FOR ADEQUATE QUANTITY AND QUALITY OF INDOOR AIR. IN
ORDER TO ACHIEVE THIS AIM IT IS NECESSARY TO PROVIDE THAT A BUILDING'S
HEATING, VENTILATION AND AIR CONDITIONING SYSTEM BE OPERATED AND MAIN-
TAINED ACCORDING TO DESIGN. IT IS ALSO NECESSARY THAT PERSONS WHO ARE
EXPERIENCING ADVERSE HEALTH EFFECTS BECAUSE OF INDOOR AIR PROBLEMS HAVE
MEANS TO COMMUNICATE THESE PROBLEMS AND HAVE THEM ADDRESSED. IN ORDER
TO ENSURE A MINIMUM AND ADEQUATE SUPPLY OF FRESH AIR TO BUILDING OCCU-
PANTS, IT IS FURTHER, ALSO THE PURPOSE OF THIS ARTICLE TO ADOPT ESTAB-
LISHED STANDARDS FOR VENTILATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03014-01-9
A. 2075 2
S 4921. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "BUILDING" MEANS AN OCCUPIED STRUCTURE OF GREATER THAN TWENTY-FIVE
THOUSAND SQUARE FEET OF FLOOR SPACE, USING MECHANICAL VENTILATION
PROVIDING OUTDOOR AIR, RECIRCULATED AIR, OR A MIXTURE OF OUTDOOR AND
RECIRCULATED AIR, EXCLUDING A RESIDENTIAL STRUCTURE CONTAINING SIX OR
FEWER DWELLING UNITS OR ANY STRUCTURE OR PORTION OF A STRUCTURE WHERE
STATE REGULATION OF INDOOR AIR QUALITY WOULD BE PREEMPTED BY FEDERAL
LAW. THIS DEFINITION SHALL EXCLUDE BARNS, WHICH FOR THE PURPOSES OF
THIS ARTICLE SHALL MEAN A STRUCTURE THAT WAS DESIGNED AND USED FOR STOR-
ING FARM EQUIPMENT OR AGRICULTURAL PRODUCTS, OR FOR HOUSING LIVESTOCK.
2. "OWNER" MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION, STATE,
COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR ANY OTHER POLITICAL
SUBDIVISION OR CIVIL DIVISION OF THE STATE, THAT OWNS THE FREEHOLD OF A
PREMISES OR ANY LESSER ESTATE THEREIN, A MORTGAGEE OR VENDEE IN
POSSESSION, A CONTRACT VENDEE, ASSIGNEE OF RENTS, RECEIVER, EXECUTOR,
TRUSTEE, LESSEE, OR ANY OTHER PERSON, FIRM OR CORPORATION IN CONTROL OF
A BUILDING.
S 4922. INDOOR AIR QUALITY PLAN. 1. RESPONSIBILITIES OF BUILDING
OWNER.
(A) THE OWNER OF A BUILDING SHALL BE RESPONSIBLE FOR DEVELOPING AND
MAINTAINING AN INDOOR AIR QUALITY PLAN FOR THE BUILDING; THE PLAN SHALL
CONTAIN THE FOLLOWING COMPONENTS:
(I) A DETAILED DESCRIPTION OF THE BUILDING'S HEATING, VENTILATION AND
AIR CONDITIONING SYSTEM, ITS OPERATION, AND PROCEDURES AND SCHEDULES FOR
NECESSARY MAINTENANCE;
(II) AN INVENTORY OF TOXIC SUBSTANCES USED IN THE BUILDING, INCLUDING
COPIES OF APPLICABLE MATERIAL SAFETY DATA SHEETS;
(III) A PLAN DETAILING MODIFICATIONS AND RENOVATIONS TO THE BUILDING,
INCLUDING AN ASSESSMENT OF THE EFFECTS OF RENOVATION ON INDOOR AIR QUAL-
ITY VENTILATION AND OTHER FACTORS RELEVANT TO AIR QUALITY;
(IV) PRIOR TO COMMENCING CONSTRUCTION OR RENOVATION PROJECTS, A PLAN
TO MINIMIZE EXPOSURE TO CONTAMINANTS AND MITIGATE ADVERSE EFFECTS ON
BUILDING OCCUPANTS DURING AND AFTER CONSTRUCTION OR RENOVATION;
(V) A PROCEDURE FOR MAINTAINING AND PROVIDING ACCESS (INCLUDING
INSPECTION AND COPYING) TO WRITTEN RECORDS OR LOGS PURSUANT TO PARAGRAPH
(B) OF THIS SUBDIVISION; AND
(VI) A SYSTEM TO RESPOND TO REQUESTS FOR INFORMATION, INVESTIGATE AND
RESPOND TO COMPLAINTS OF INDOOR AIR QUALITY PROBLEMS AND ADVERSE HEALTH
EFFECTS BY OCCUPANTS CONSISTENT WITH PARAGRAPH (D) OF THIS SUBDIVISION.
(B) THE OWNER OF A BUILDING SHALL BE RESPONSIBLE FOR DEVELOPING AND
MAINTAINING THE FOLLOWING RECORDS AND LOGS AS PART OF THE INDOOR AIR
QUALITY PLAN:
(I) A WRITTEN RECORD OF MAINTENANCE PERFORMED ON THE BUILDING'S HEAT-
ING, VENTILATION, AND AIR CONDITIONING SYSTEM;
(II) A LOG OF PESTICIDE USE AND APPLICATION, INCLUDING COPIES OF
APPLICABLE MATERIAL SAFETY DATA SHEETS;
(III) A WRITTEN RECORD OF MODIFICATIONS AND RENOVATIONS TO THE BUILD-
ING, INCLUDING BUT NOT LIMITED TO MODIFICATION OF THE HEATING, VENTI-
LATION AND AIR CONDITIONING SYSTEM, CONSTRUCTION AND MODIFICATIONS OF
WALLS AND INTERIOR SPACE WHICH COULD AFFECT AIR FLOW TO BUILDING OCCU-
PANTS; AND
(IV) A LOG OF COMPLAINTS OF INDOOR AIR QUALITY PROBLEMS AND REPORTS OF
ADVERSE HEALTH EFFECTS AND ACTIONS AND RESPONSES TO COMPLAINTS AND
REPORTS.
A. 2075 3
(C) THE OWNER OF A BUILDING SHALL DESIGNATE A PERSON OR GROUP OF
PERSONS WHO SHALL BE RESPONSIBLE FOR COORDINATING THE INDOOR AIR QUALITY
PLAN INCLUDING:
(I) OPERATING AND MAINTAINING THE BUILDING'S HEATING, VENTILATION, AND
AIR CONDITIONING SYSTEM;
(II) MAINTAINING THE INDOOR AIR QUALITY PLAN PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION; DEVELOPING AND MAINTAINING THE WRITTEN RECORDS AND
LOGS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION; AND
(III) RECEIVING AND RESPONDING TO COMPLAINTS OF INDOOR AIR QUALITY
PROBLEMS AND REQUESTS FOR INFORMATION PURSUANT TO PARAGRAPH (D) OF THIS
SUBDIVISION.
(D) THE OWNER OF THE BUILDING SHALL POST IN THE LOBBY OF THE BUILDING,
OR CONSPICUOUSLY WHERE BUILDING OCCUPANTS HAVE ACCESS TO IT, A NOTICE
STATING THE PROCEDURES FOR MAKING REQUESTS AND COMPLAINTS UNDER THIS
PARAGRAPH AND NAME AND TELEPHONE NUMBER OF THE PERSON OR PERSONS DESIG-
NATED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
(E) A BUILDING OWNER MAY CONTRACT WITH A MANAGEMENT COMPANY, LESSEE OR
OTHER PARTY RESPONSIBLE FOR THE BUILDING'S OPERATION AND MAINTENANCE TO
CARRY OUT THE RESPONSIBILITIES OF THIS SUBDIVISION.
(F) A BUILDING OWNER SHALL PROVIDE BUILDING OCCUPANTS WITH REASONABLE
ACCESS TO THE INDOOR AIR QUALITY PLAN PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION; PROVIDED, HOWEVER, THAT A BUILDING OWNER MAY EXCLUDE FROM
THAT ACCESS ANY INFORMATION THE DISCLOSURE OF WHICH WOULD POSE A SECURI-
TY RISK.
(G) A BUILDING OWNER SHALL SUBMIT A COPY OF THE INDOOR AIR QUALITY
PLAN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION TO THE DEPARTMENT
UPON REQUEST BY THE DEPARTMENT.
(H) WHERE THE OWNER OPERATES MORE THAN ONE SIMILAR BUILDING ON A
CONTIGUOUS SITE, THE OWNER MAY PREPARE A PLAN WHICH INCLUDES MORE THAN
ONE BUILDING.
2. THE DEPARTMENT SHALL PROMULGATE REGULATIONS NECESSARY TO CARRY OUT
THE PROVISIONS OF THIS SECTION.
S 4923. INDOOR AIR QUALITY STANDARDS. 1. WITHIN ONE YEAR AFTER THIS
SECTION SHALL TAKE EFFECT, THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF LABOR, ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND THE
OFFICE OF FIRE PREVENTION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL ADOPT REGULATIONS
ESTABLISHING STANDARDS OF VENTILATION FOR NEW AND EXISTING BUILDINGS.
THE STANDARDS SHALL TAKE INTO EFFECT BUILDING ARRANGEMENT, STRUCTURE,
SIZE, USE, AGE, AND OCCUPANCY. THE DEPARTMENT MAY ISSUE DIFFERENT REGU-
LATIONS FOR NEW BUILDINGS, EXISTING BUILDINGS, AND BUILDINGS THAT ARE
BEING SUBSTANTIALLY RENOVATED. FOR SCHOOLS, STANDARDS SHALL BE APPROPRI-
ATE FOR CHILDREN. IN ESTABLISHING THE STANDARDS, THE DEPARTMENT SHALL
CONSIDER THE MOST CURRENT APPLICABLE STANDARDS OF A NATIONALLY-RECOG-
NIZED SOCIETY OR SOCIETIES OF HEATING, REFRIGERATION, AND AIR CONDITION-
ING ENGINEERS.
2. THE DEPARTMENT MAY ESTABLISH A PROCEDURE WHERE ANY PROVISION OR
REQUIREMENT OF THE INDOOR AIR QUALITY REGULATIONS MAY BE VARIED OR MODI-
FIED IN CASES WHERE STRICT COMPLIANCE WOULD ENTAIL PRACTICAL DIFFICUL-
TIES OR UNNECESSARY HARDSHIP OR WOULD OTHERWISE BE UNWARRANTED. THE
PROCEDURE SHALL BE DESIGNED TO INSURE THAT ANY VARIANCE OR MODIFICATION
SHALL NOT SUBSTANTIALLY ADVERSELY AFFECT PROVISIONS FOR HEALTH, SAFETY
AND SECURITY, AND THAT EQUALLY SAFE AND PROPER ALTERNATIVES MAY BE
PRESCRIBED. REQUESTS FOR A VARIANCE SHALL BE RESOLVED WITHIN SIXTY DAYS
OF THE DATE OF APPLICATION UNLESS A LONGER PERIOD IS REQUIRED FOR GOOD
CAUSE SHOWN.
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S 4924. INDOOR AIR INVESTIGATIONS. 1. UPON RECEIPT OF A COMPLAINT OR
COMPLAINTS EXCLUDING COMPLAINTS IN RELATION TO TEMPERATURE OF INDOOR AIR
QUALITY RELATING TO A BUILDING FROM THREE OR MORE OCCUPANTS OF THE
BUILDING OR, FROM A TENANT OF ALL OR PART OF THE BUILDING, THE BUILDING
OWNER OR DESIGNEE SHALL INITIATE AN INVESTIGATION OF THE COMPLAINT OR
COMPLAINTS. THE BUILDING OWNER SHALL RESPOND IN WRITING WITHIN THIRTY
DAYS INDICATING THE RESULTS OF THE INITIAL INVESTIGATION AND ANY CORREC-
TIVE ACTIONS TAKEN OR PENDING.
2. IF THE COMPLAINANT IS DISSATISFIED WITH THE RESPONSE TO THE
COMPLAINT, THE COMPLAINANT MAY FILE A FORMAL COMPLAINT WITH THE COMMIS-
SIONER, WHO SHALL INITIATE AN INVESTIGATION OF THE COMPLAINT. THE
COMPLAINT SHALL BE IN WRITING AND INDICATE THE GROUNDS FOR THE COMPLAIN-
ANT AND SHALL BE SIGNED BY THE COMPLAINANT. A COPY SHALL BE PROVIDED BY
THE COMMISSIONER TO THE BUILDING OWNER OR THE PERSON DESIGNATED FOR SUCH
PURPOSES PROMPTLY, AND IN ANY EVENT PRIOR TO ANY INSPECTION BY THE
DEPARTMENT. ON THE REQUEST OF COMPLAINANT, THE COMPLAINANT'S NAME SHALL
BE WITHHELD. THE COMPLAINANT OR A REPRESENTATIVE OF THE COMPLAINANT
SHALL BE GIVEN THE OPPORTUNITY TO ACCOMPANY THE DEPARTMENT'S INSPECTOR
DURING AN INSPECTION FOR THE PURPOSE OF AIDING SUCH INSPECTION.
3. IF THE COMMISSIONER DETERMINES THAT AN INDOOR AIR QUALITY PROBLEM
EXISTS IN A BUILDING, SUCH COMMISSIONER SHALL ISSUE IN WRITING TO THE
BUILDING OWNER AND COMPLAINANT SUCH FINDINGS AND ANY PROPOSED MEANS OF
CORRECTING SUCH PROBLEMS. THE BUILDING OWNER OR REPRESENTATIVE SHALL
RESPOND TO THE FINDINGS WITHIN THIRTY DAYS INCLUDING ANY PLANS FOR
CORRECTING THE INDOOR AIR QUALITY PROBLEM. THE BUILDING OWNER OR REPRE-
SENTATIVE SHALL NOTIFY THE COMMISSIONER OF ACTIONS TAKEN TO CORRECT SUCH
PROBLEMS.
S 4925. TRAINING COURSE. THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF LABOR, AND NATIONALLY RECOGNIZED SOCIETIES OF INDUSTRIAL
HYGIENE, FIRE PREVENTION AND HEATING, REFRIGERATION, AND AIR CONDITION-
ING, SHALL DEVELOP MODEL COURSES IN THE OPERATION AND MAINTENANCE OF
HEATING, VENTILATION, AND AIR CONDITIONING SYSTEMS. THE COMMISSIONER
SHALL HAVE AUTHORITY TO APPROVE PROGRAMS IN HEATING, VENTILATION AND AIR
CONDITIONING OPERATION AND MAINTENANCE AND SHALL MAINTAIN A LIST OF
APPROVED PROGRAMS, WHICH SHALL BE MADE AVAILABLE TO INTERESTED PARTIES
UPON REQUEST. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS
SETTING FORTH THE CRITERIA FOR APPROVAL OF SUCH PROGRAMS.
S 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.