Developments in State Policy
Minnesota
Citation: Minn. Stat. §§ 144.05, 144.1222; Minn. Admin. Rules §§ 4620.3900 — 4900
Summary: Under Minnesota law, the commissioner of health is responsible for adopting and enforcing rules relating to indoor air quality in enclosed sports arenas. Department of Health rules require owners and operators of indoor ice arenas 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. The rules also establish requirements similar to those discussed below for indoor motorsports arenas.
Key Provisions:
- Certification . State rules require the owner/operator of an indoor ice arena to obtain a certificate from the state Department of Health and to display the certificate in a location clearly visible to the public. The Department must issue the certificate if the applicant demonstrates compliance with the rules and the ability to maintain acceptable air quality conditions, as set forth in the rules. Certificates expire one year after issuance.
- Air Quality Standards . The rules require the owner/operator of an ice arena to maintain acceptable air quality conditions, defined as one-hour average air concentrations of not more than 20 ppm of CO and one-hour average air concentrations of not more than 0.3 ppm of NO2. If these levels are exceeded, the owner/operator must take immediate corrective action as outlined in the rules and notify the state within five days. The rules also establish the CO and NO2 air concentration levels that require evacuation of the arena and notification to the local fire department and state Department of Health.
- Air Sampling and Record Keeping . The rules require owners and operators to measure CO and NO2 levels in each arena when internal combustion engine-powered ice maintenance equipment is used. Measurements must be taken at least twice per week after using ice resurfacers and at least once per week after using ice edgers, and must comply with procedures set forth in the regulations. An owner/operator who uses other non-direct-vented, fuel-burning equipment must notify the Department and take measurements as required. The rules require owners and operators to demonstrate that measurement devices are accurate and reliable, and to maintain records of measurements, devices, corrective action and training in a record-keeping log.
- Training. The rules include training requirements and provide that a trained responsible person must be available at all times while the building is open to the public.
- Enforcement . The rules and a separate state law authorize the Department of Health to take a variety of actions to address violations of the rules, including issuance of corrective orders and administrative penalties, initiation of proceedings for injunctive relief, and suspension and revocation of certificates.
A separate state law (Minnesota Statutes § 240A.09) authorizes the Minnesota Amateur Sports Commission to make grants for rehabilitation and renovation of public ice facilities. That law provides that priority must be given to grant applications for IAQ improvements such as zero-emission ice-resurfacing equipment and renovation/replacement of HVAC systems in arenas with ice edging equipment not powered by electricity, in order to reduce concentrations of CO and NO2.
Back to Air Quality in Indoor Ice Arenas: Developments in State Policy