S T A T E O F N E W Y O R K
________________________________________________________________________
4926
2025-2026 Regular Sessions
I N A S S E M B L Y
February 10, 2025
___________
Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. McDO-
NOUGH -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the definition of
an indoor area; and to repeal certain provisions of such law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1399-n of the public health law is amended by
adding a new subdivision 12 to read as follows:
12. "INDOOR AREA" MEANS ANY AREA WITH A FULL OR PARTIAL ROOF COVERING,
INCLUDING AN AREA WITH A ROOF OR CEILING IN PLACE, WHICH MAY BE A FIXED
OR MOVABLE ROOF OR CEILING, WHERE THE TOTAL ACTUAL AREA OF THE WALL
SURFACES EXCEEDS SEVENTY-FIVE PERCENT OF THE TOTAL NOTIONAL WALL AREA,
AND WHICH ALLOW THE FREE FLOW OF AIR WITHOUT THE ASSISTANCE OF MECHAN-
ICAL VENTILATION, AS DEFINED BY THE COMMISSIONER. THE COMMISSIONER MAY
DETERMINE AND ENFORCE A LOWER PERCENTAGE OF TOTAL ACTUAL AREA TO NOTION-
AL WALL AREA, AS DEEMED NECESSARY TO PROTECT THE PUBLIC HEALTH AND THE
INTENT OF THIS ARTICLE, PROVIDED, HOWEVER, THAT THE MAXIMUM PERCENTAGE
DETERMINED IS NOT LOWER THAN FIFTY PERCENT OF THE TOTAL NOTIONAL WALL
AREA. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
ARE NECESSARY TO DEFINE NOTIONAL WALL AREA, MECHANICAL VENTILATION, AND
RELATED BUILDING SPECIFICATIONS NEEDED TO DETERMINE WHETHER A STRUCTURE
FALLS WITHIN THE DEFINITION OF INDOOR AREA.
§ 2. Section 1399-x of the public health law is REPEALED.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05857-01-5
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