New York Environmental Conservation Law § 27-2119
Prohibits the installation of a mercury-containing floor in public and nonpublic elementary and secondary schools. Also prohibits schools from installing a floor over a mercury-containing floor prior to removal of the mercury-containing floor. Provides that the time-weighted average mercury vapor exposure for an employee or student of a public or nonpublic elementary or secondary school shall not exceed 750 ng/m3.
New York Session Laws Ch. 414 (A.B. 10774-A) (2018)
Creates a radon task force to conduct a comprehensive study on preventing radon exposure, including an examination of the need for interagency coordination of public education and prevention programs and the need for training, education and possible licensing of radon services providers. Directs the task force to submit its recommendations and any proposed legislation necessary to implement its findings to the governor and the legislature.
New York Education Law §§ 409-d, 409-e
Requires the Commissioner of Education to establish, develop, and monitor a comprehensive public school building safety program which must include a uniform inspection, safety rating, and monitoring system. Requires five-year building condition surveys and authorizes the Commissioner to require inspections "as deemed necessary to maintain the safety of school buildings and the welfare of the occupants." Regulations (8 N.Y. Code Rules & Regs. 155.3--155.5) establish the elements of the required building assessments and inspections and require a comprehensive maintenance plan for all major building systems, including IAQ procedures and guidelines. Regulations further require a process for monitoring the conditions of occupied schools to ensure they are maintained in good repair. The law and regulations also establish requirements for: addressing IAQ during construction and renovation; investigating and responding to health and safety complaints; and establishing health and safety committees at the school district level consisting of representation from district officials, staff bargaining units, and parents.
New York Public Health Law § 225
Authorizes the Department of Health to issue regulations relating to ionizing radiation. Regulations issued under the law (10 N.Y. Codes Rules & Regs. 16.130) require radon testing and mitigation firms to report testing and mitigation results to the department.
New York Real Property Law § 462
Requires all sellers of residential real property to complete and provide to the buyer a property condition disclosure statement, which requires disclosure of the presence of hazardous substances, asbestos, and methane gas, and of any radon testing performed on the property. Requires sellers to provide a copy of any radon testing reports and to report any known material defects in carbon monoxide detectors. Also requires seller to indicate whether the property has been tested for mold and to provide known mold test reports and to indicate whether the structure has experienced damage or seepage from heavy rainfall or other natural flooding events.
New York Labor Law § 218-b
Requires private sector employers to establish an "airborne infectious disease exposure prevention plan" to be implemented for airborne infectious diseases that are "designated by the commissioner of health as a highly contagious communicable disease that presents a serious risk of harm to the public health." Directs the labor agency to develop a "model airborne infectious disease exposure prevention standard" with minimum requirements including procedures and methods for "compliance with applicable engineering controls such as proper air flow, exhaust ventilation, or other special design requirements.... The agency’s model plans include a number of ventilation/filtration best practices as "advanced controls" that schools should consider during an outbreak "where the Minimum Controls alone will not provide sufficient protection for employees." (See https://dol.ny.gov/ny-hero-act.)
New York Social Services Law § 390
Directs the state Office of Children and Family Services to promulgate regulations for licensure and registration of child day care facilities. Regulations (18 N.Y. Code Rules & Regs. 416.2(a)(13), 417.2(a)(13), 418-1.2(a)(6), 418-2.2(a)(6)) require that applicants for a child day care license submit a written certification, on forms provided by the state, that the "building, its property and premises, and the surrounding neighborhood and environment are free from environmental hazards." The Office has developed a certification form and guidance document that require license applicants in Zone 1 areas who have not already tested for radon to "complete testing and resolve any identified problems before registration/licensing is completed." (See LDSS-7040, Environmental Hazards Guidance Sheet, available at: https://ocfs.ny.gov/search/docs.php?type=1&topic=3.)
New York Gen. Bus. Law § 404
Requires the N.Y. Secretary of State to establish regulations for nail salons, including the sanitary conditions of such facilities. The state’s nail salon licensing regulations (19 N.Y. Code Rules and Regs. 160.16) require owners of both new and existing nail salons to provide a mechanical ventilation system that complies with the 2015 International Mechanical Code (IMC). The regulations expand on the IMC provisions and require certification of compliance, which is to be maintained on the premises. The regulation required nail salons licensed before October 2016 to comply with the ventilation requirements by October 2021, subsequently extended to October 4, 2022.
New York Labor Law §§ 930--948
Requires those who engage in mold assessment and remediation to obtain a license from the state Department of Labor. Directs the agency to establish minimum qualifications for licensing, including completion of agency-approved course work and demonstrated financial responsibility. Provides certain exemptions from licensing, including for residential property owners who perform mold assessment or remediation on their own property. Establishes certain minimum work standards for licensed mold assessment and remediation work, including the requirement that licensees take into account, when deciding whether to use a disinfectant, biocide or antimicrobial coating on a mold remediation project, "the potential for occupant sensitivities and possible adverse reactions to chemicals that have the potential to be off-gassed from surfaces." The department has developed a list of approved mold training course providers. (See https://dol.ny.gov/approved-mold-training-course-providers.)
New York Public Health Law § 1384
Established a state mold task force for the purpose of conducting a study and preparing a report covering the current state of knowledge about mold, the status of the problem in the state, and feasible legislative and executive actions to address the problem. (Law expired and deemed repealed in 2012. Report available at: http://www.health.ny.gov/environmental/indoors/air/mold/task_force/.)
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