[HISTORY: Adopted by the Department of Health
of Allegheny County effective 5-1-1993. Amendments noted where applicable.]
The purpose of this chapter is to prevent the
creation of carbon monoxide hazards within structures by the installation
or use in an unsafe manner of heaters, vehicles, tools, generators,
appliances, stripping or cleaning devices, and ice resurfacing equipment.
As used in this chapter, the following terms
shall have the meanings indicated:
Those approved by the American Gas Association Laboratories,
and have otherwise demonstrated its safety to the satisfaction of
the Director.
Any furnace, tool, heater, water heater, vehicle, generator,
appliance, cleaning or stripping device, ice resurfacing machine or
other device utilizing a carbon based fuel run within a structure.
This does not include wood or coal fueled furnaces or vehicles licensed
by the Pennsylvania Department of Motor Vehicles.
Allegheny County Health Department.
The Director of the Allegheny County Health Department or
authorized representative.
Air obtained directly from outdoors.
Any building with a roof and partially or fully enclosed
side which contains an ice rink.
Any internal combustion engine powered machine used for modifying
the ice rink surface.
An individual, firm, corporation, partnership, association
or political subdivision.
It shall be unlawful to run, operate or utilize
any carbon monoxide producing device within a building open to the
public unless adequate ventilation is available and utilized so as
to prevent the accumulation of carbon monoxide anywhere within the
structure to a level of 35 ppm (parts per million) or greater.
It shall be unlawful to install or operate,
within the County of Allegheny, any carbon monoxide producing device
in a structure open to the public or in any dwelling unit that by
its design, installation, or use creates a risk of health by reason
of production of carbon monoxide or depletion of available oxygen.
A.Â
It shall be unlawful to install or use any unapproved
gas room or space heater. With the exception of approved unvented
heaters, all types of gas room, space and water heaters installed
or used in the County of Allegheny shall be connected to a proper,
adequate and safe chimney, flue or vent. Adequate ventilation for
combustion purposes shall be provided.
B.Â
No unvented heater shall be installed in sleeping
quarters, bathrooms, recreational vehicles, mobile homes or institutions
such as, but not limited to, homes for aged, sanitariums, convalescent
homes, orphanages, rooming houses, day-care centers, and schools.
C.Â
Fresh air, directly from outdoors, must be provided
in accordance with manufacturer's instructions when using an approved
unvented heater.
A.Â
Subject to the limitations of the Constitutions of
the United States and of the Commonwealth of Pennsylvania, and in
order to carry out the purpose and provisions of these rules and regulations,
the Director, upon showing proper identification of office, may enter
and inspect any dwelling structure or place of business at all reasonable
times and in an emergency at any time, the owner, operator or occupant
of any dwelling or structure shall give the Director free access for
the purpose of such inspection.
B.Â
An owner of a dwelling or other structure or authorized
agent may enter the dwelling or structure at all reasonable times
for the purpose of complying with any provision of these rules and
regulations or with any order issued thereunder.
Any person aggrieved by a notice or decision
may request and shall be granted a hearing in compliance with Article
XI of the Allegheny County Rules and Regulations.
Whenever the Director determines that an emergency exists which necessitates immediate action to protect the public health, safety or welfare, he shall without prior notice, issue an order reciting the existence of the emergency and requiring whatever action he deems advisable to meet the emergency, notwithstanding the provisions of §§ 815-7 and 815-8, this order shall be effective upon issuance and shall be complied with immediately. If a verbal order is issued, it shall be reduced to writing and served upon the responsible party within 24 hours of issuance.
In the event of the failure to comply with an
order issued pursuant to any section of these rules and regulations,
the Director may institute appropriate actions or proceedings at law
or in equity to restrain, correct or abate the violation of the order,
or he may cause the order to be carried out at the expense of the
County. The County may recover the amount of the expense in the manner
provided by law for the collection of municipal claims.
A.Â
Owners/operators of ice arenas utilizing a carbon
monoxide producing device shall monitor the levels of carbon monoxide
in the (ambient) air within the facility and maintain the air at all
times below a level of 35 ppm of carbon monoxide. Measurement of such
carbon monoxide levels shall be done in a manner approved by the Department
and records of monitoring shall be maintained in a manner and on such
forms as the Department may so direct. All carbon monoxide monitors
shall have a valid calibration and be capable of on-site calibration.
B.Â
Maintenance of information; posting of notice.
(1)Â
All information contained on carbon monoxide monitoring
forms shall be made available to the Director and on reasonable request,
to any person with an interest in the operation of the ice arena,
including, but not limited to, headmasters/school superintendents,
league/association officials, referees and coaches, users or parents.
(2)Â
The owner/operator of an arena must post a notice
in the ice arena foyer or other location readily accessible to the
public that carbon monoxide is routinely monitored and monitoring
reports are available for inspection as required by the Allegheny
County Health Department. The owner/operator of an ice arena shall
measure air quality conditions each time the ice is cut or resurfaced.
The measurement shall be made: at board height at the red line or
mid ice following the use of the ice resurfacing machine or other
areas as approved by the Director and prior to resumption of skating.
C.Â
Any time the carbon monoxide level of an ice arena
when in use reaches or exceeds 35 ppm for a period of 30 minutes or
longer, the owner/operator shall immediately suspend skating at the
facility and provide additional ventilation until the levels of carbon
monoxide are below 35 ppm.
D.Â
Any time the carbon monoxide level in an ice arena
which is open to the public reaches 100 ppm, the owner/operator shall
close the facility and evacuate the building of all persons except
for employees involved with maintenance and ventilation. The facility
shall remain closed until an evaluation of the facility and corrective
action plans have been submitted to and approved by the Director.
E.Â
The owner/operator of an ice arena shall immediately
notify the Health Department upon any closure required by the presence
of carbon monoxide at a level of 100 ppm or above when the facility
is open to the public.
F.Â
Any time the facility reaches or exceeds a level of
35 ppm for 30 consecutive minutes, three times within a twenty-four-hour
period, the owner/operator shall close the facility and it shall remain
closed until the Director has been satisfied that the levels of carbon
monoxide have been consistently reduced and maintained at a level
below 35 ppm.
The owner/operators of any ice arena utilizing
ice resurfacing equipment run with a carbon based fuel shall register
yearly with the Department on forms provided by the Department. The
Department may charge an annual registration fee.
A.Â
Summary offenses. Any person who violates any of the
provisions of this chapter or any rule or regulation of the Allegheny
County Department of Health, or who interferes with the Director or
any other agent of the Department of Health in the discharge of official
duties, shall, for the first offense, upon conviction thereof in a
summary proceeding before any alderman or justice of the peace of
Allegheny County, or before any police magistrate if such offense
be committed in a city of the second class, be sentenced to pay the
costs of prosecution and a fine of not less than $30 nor more than
$300 and, in default thereof, to undergo imprisonment of not less
than 10 days nor more than 30 days.
B.Â
Misdemeanors. Any person who violates any of the provisions
of this chapter or any rule or regulation of the County Department
of Health, or who interferes with a Health Director or any other agent
of the Department of Health in the discharge of official duties, convicted
of a second or subsequent offense, shall be guilty of a misdemeanor
and shall, upon conviction thereof, be sentenced to pay a fine of
not less than $500 nor more $1,000 or to undergo imprisonment not
exceeding one year, or both.
C.Â
Separate offenses. For the purpose of this section,
violations on separate days shall be considered separate offenses.
Each violation of any separate subsection or section of this chapter
shall constitute a separate offense.
These rules and regulations shall become effective
May 1, 1993.
