6 CRR-NY 232.16NY-CRR
6 CRR-NY 232.16
6 CRR-NY 232.16
232.16 Compliance inspections.
(a) Stand-alone dry cleaning facilities must be inspected at least annually, and mixed-use facilities must be inspected according to the following schedule:
(1) at least twice annually where any transfer or dry-to-dry vented equipment is operated; or
(2) at least annually where only non-vented equipment is operated.
(b) Such inspections must be performed by an inspector registered with the department or by an individual working under the supervision of a registered inspector.
(c) All registered inspectors must meet the requirements of paragraphs (1), (2) and (3) of this subdivision. All individuals working under the supervision of a registered inspector must meet the requirements of paragraphs (2) and (3) of this subdivision.
(1) The inspector must be one of the following:
(i) a licensed professional engineer;
(ii) a registered architect; or
(iii) a certified industrial hygienist.
(2) Must possess a dry cleaner owner/manager certification in accordance with section 232.14 of this Part and complete other appropriate training as specified by the department on topics related to inspections.
(3) Must not be engaged in the sales or marketing of dry cleaning equipment. Must not be engaged in providing services to the dry cleaning industry. Employees of trade associations may not conduct inspections, but trade associations may solicit bids for performing inspections on behalf of their members.
(d) The department must be notified of all inspections, in writing at least seven days prior to inspection, in a form acceptable to the department, by the registered inspector.
(e) Inspections must be conducted in accordance with protocols specified by the department, using an inspection reporting form specified by the department.
(f) Analysis of air samples collected by passive sampling devices or the equivalent must be conducted by a laboratory certified by the Environmental Laboratory Approval Program (ELAP) of the New York State Department of Health.
(g) The inspection will verify that a department NOTICE is posted in a conspicuous location in the facility in accordance with section 232.18 of this Part.
(h) After the inspection is completed, the registered inspector must provide a completed inspection reporting form to the department and to the facility owner within 45 days of the inspection.
(i) Failure of the registered inspector to comply with the above requirements may result in the removal of the registered inspector from the department's list of registered inspectors.
(j) The owner/manager or operator must:
(1) Make available upon request the most recent completed inspection reporting form to interested individuals for review on premises during normal business hours.
(2) If the inspection reveals a leak or malfunction, the facility must be repaired within the timeframes established in section 232.7 of this Part and reinspected within one month.
6 CRR-NY 232.16
Current through August 31, 2017
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