Developments in State Policy
Massachusetts
Citation: Mass. Gen. Laws ch. 111, §§ 3, 127A; 105 Code of Mass. Regs. §§ 675.001—.024
Available: Law; Regulation
Summary: Massachusetts state law requires the Department of Public Health to develop a state sanitary code to address matters affecting public health and well-being. Department regulations require operators of indoor ice skating rinks that use combustion resurfacing equipment to conduct air sampling and to take specified measures if levels of carbon monoxide (CO) or nitrogen dioxide (NO2) exceed standards set forth in the regulations.
Key Provisions:
- Certification. State regulations require that operators of indoor ice skating rinks possess a valid certificate of approval issued by the local board of health.
- Air Quality Standards . The regulations establish three categories of "action air levels" for CO and NO2, based on a single air sample. For CO, the levels are 30 ppm (correction air level), 60 ppm (notification air level), and 125 ppm (evacuation air level). For NO2, the levels are 0.5 ppm (correction air level), 1.0 ppm (notification air level), and 2.0 ppm (evacuation air level). The regulations also provide alternate notification air levels based on multiple air samples. The regulations detail the correction, notification and evacuation actions that must be taken by operators in the event that the stated air levels are exceeded.
- Air Sampling and Recordkeeping . Operators must take and record air samples of both CO and NO2 at least three times a week. The regulations detail when and how air samples must be taken. Operators must maintain an Air Quality Record Keeping Log with specified information.
- Enforcement. Local boards of health have primary responsibility for administering and enforcing the regulations and are required to report on their activities to the state. The regulations require boards of health to inspect indoor skating rinks annually, upon complaint, and after receiving notification that air levels have been exceeded. The state may conduct its own inspections and, upon request, is required to accompany or advise local boards in carrying out inspections. The regulations provide for suspension of certificates in cases of imminent hazard or failure to comply with the regulations, as well as for revocation of certification in specified circumstances. The regulation authorizes local boards to issue written orders requiring corrective measures within a stated time period. The regulations also establish a fine of not more than $100 for the first offense and not more than $500 for subsequent offenses if an operator violates a compliance order or any provision of the regulations. The regulations also establish certain circumstances in which the state may take enforcement action directly.
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