Bill Text: NJ A2797 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes air quality standards and requires certificate from Commissioner of Health for operation of indoor ice arenas, indoor motorsports arenas, and special indoor motorsports events.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-16 - Introduced, Referred to Assembly Health and Senior Services Committee [A2797 Detail]
Download: New_Jersey-2016-A2797-Introduced.html
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Establishes air quality standards and requires certificate from Commissioner of Health for operation of indoor ice arenas, indoor motorsports arenas, and special indoor motorsports events.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning air quality at indoor ice arenas, indoor motorsports arenas, and special indoor motorsports events, and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Acceptable air quality conditions" means the concentrations of carbon monoxide and nitrogen dioxide set forth in section 3 of this act.
"Air quality measuring device" means direct-read pump and colorimetric tube or electronic real-time gas detection equipment for sampling and measuring carbon monoxide and nitrogen dioxide air concentrations.
"Arena building" means a structure with a roof and walls that houses an indoor ice arena or indoor motorsports arena, or is hosting a special indoor motorsports event, as appropriate.
"Certificate" means a certificate of acceptable air quality issued by the commissioner pursuant to section 2 of this act.
"Commissioner" means the Commissioner of Health, or the commissioner's designee.
"Department" means the Department of Health.
"Edging" means operation of an ice edger.
"Event manager" means a person who organizes or directs a special indoor motorsports event.
"Ice edger" means power equipment used to modify the perimeter of an ice sheet.
"Ice maintenance machine" means an ice resurfacer or ice edger.
"Ice resurfacer" means power equipment used to modify the entire surface of the ice.
"Indoor ice arena" means a single room of a permanent or temporary structure where an ice sheet is maintained, which has a roof, and is bounded by walls, doorways, or windows, whether open or closed, and the walls, doorways, or windows cover more than 50 percent of the combined surface area of the vertical planes that make up the perimeter of the room.
"Indoor motorsports arena" means a single room of a permanent or temporary structure where motorsports are operated, which has a roof, and is bounded by walls, doorways, or windows, whether open or closed, and the walls, doorways, or windows cover more than 50 percent of the combined surface area of the vertical planes that make up the perimeter of the room.
"Motorsports vehicle" means an internal combustion engine-powered vehicle used for recreation, racing, competition, or demonstration.
"Operating hours" means the
time period that an arena building
is open to the public and motorsports vehicles are being used in the arena.
"Operator" means the person designated by the owner as responsible to operate and maintain an indoor ice arena, indoor motorsports arena, or arena building that is hosting a special indoor motorsports event, as appropriate.
"Owner" means the person having legal title to an arena building, or the owner's legally authorized representative. For the purposes of publicly-owned property, "owner" means the chief executive officer of the State, county or municipal agency or entity that owns, leases, or controls the use of the property.
"Ppm" means parts per million.
"Responsible person" means an individual who completes the acknowledgement required pursuant to subsection b. of section 5 of this act, and may include an owner or operator who completes the acknowledgement required pursuant to subsection b. of section 5 of this act.
"Resurfacing" means operation of an ice resurfacer.
"Special indoor motorsports event" means a single event where motorsports vehicles are operated in a venue other than an indoor motorsports arena.
"Spectator" means a member of the public present in an arena building who is not a motorsports vehicle driver or rider or an actively working employee.
"Spectator area" means that part of an arena building where spectators are allowed to assemble.
2. a. (1) No person shall operate an indoor ice arena or indoor motorsports arena, unless the commissioner issues the person a certificate of acceptable air quality pursuant to this section. The certificate shall be prominently displayed in the indoor ice arena or indoor motorsports arena, as appropriate, in a location that is clearly visible to the public.
(2) No person shall hold a special indoor motorsports event, unless the commissioner issues the person a certificate of acceptable air quality pursuant to this section. The certificate shall be prominently displayed in a location that is clearly visible to the public in the arena building in which the special indoor motorsports event is being held.
b. An application for a certificate shall be submitted on forms prescribed by the commissioner. An application shall be submitted:
(1) annually, by the owner or operator of an existing indoor ice arena or indoor motorsports arena;
(2) at least 30 days before an owner or operator opens a new indoor ice arena or indoor motorsports arena to the public; and
(3) at least 30 days before an owner or operator of an arena building and an event manager begin a special indoor motorsports event.
c. The commissioner shall issue a certificate pursuant to this section if:
(1) the owner or operator is in compliance with the provisions of this act, and has demonstrated the ability to maintain the acceptable air quality conditions required pursuant to section 3 of this act; and
(2) in the case of a certificate for a special indoor motorsports event, the owner or operator of the arena building in which the special indoor motorsports event is being held submits a written plan to the commissioner that describes the methods that the owner or operator will use to monitor air quality, ensure acceptable air quality conditions as required pursuant to subsection c. of section 3 of this act during the special indoor motorsports event, and comply with the applicable provisions of section 8, and sections 10 through 13 of this act, and the event manager and the owner or operator have agreed, in writing, to the terms of the plan.
d. To qualify for a certificate under this section, the department may require an owner or operator to perform preliminary tests of air quality that the commissioner determines to be necessary in order to characterize the exposure of occupants of an arena building to carbon monoxide and nitrogen dioxide.
e. A certificate issued pursuant to this section shall expire one year from the date of issue, except that a certificate issued for a special indoors motorsports event shall expire as provided in the certificate.
f. An owner or operator of an indoor ice arena or indoor motorsports arena, as appropriate, shall annually apply for renewal on forms prescribed by the commissioner at least 30 days before a certificate expires. If a certificate expires while a renewal application is pending approval by the commissioner, the owner or operator may continue to operate the indoor ice arena or indoor motorsports arena, as appropriate, under the expired certificate until the commissioner issues a new certificate or denies the renewal application.
g. The commissioner may suspend, modify, or revoke a certificate for cause, or for a violation of the provisions of this act or any rules or regulations adopted pursuant thereto.
h. The department may assess a reasonable fee, up to $250, for the issuance of a certificate pursuant to this section.
3. a. The owner or operator of an indoor ice arena shall maintain acceptable air quality conditions at all times in areas of the arena building that are open to the public, as follows:
(1) one-hour average air concentrations of not more than 20 parts of carbon monoxide per one million parts of air by volume (20 ppm); and
(2) one-hour average air concentrations of not more than 0.3 parts of nitrogen dioxide per one million parts of air by volume (0.3 ppm).
b. The owner or operator of an indoor motorsports arena shall maintain acceptable air quality conditions at all times in areas of the arena building that are open to the public, as follows:
(1) one-hour average air concentrations of not more than 30 parts of carbon monoxide per one million parts of air by volume (30 ppm); and
(2) one-hour average air concentrations of not more than 0.3 parts of nitrogen dioxide per one million parts of air by volume (0.3 ppm).
c. The owner or operator of an arena building in which a special indoor motorsports event is being held shall maintain acceptable air quality conditions at all times in areas of the arena building that are open to the public in accordance with the conditions set forth in paragraphs (1) and (2) of subsection b. of this section.
d. All air quality measurements required by this act shall be:
(1) taken by a responsible person, except as may otherwise be provided in the case of a special indoor motorsports event pursuant to the plan approved by the commissioner pursuant to paragraph (2) of subsection c. of section 2 of this act; and
(2) recorded and maintained as part of the record-keeping log required pursuant to section 13 of this act.
4. a. The owner or operator shall demonstrate that the device and methods used to measure air quality conditions are accurate and reliable. Air quality measuring devices shall be:
(1) capable of measuring carbon monoxide air concentrations in a range from 0 to 100 parts per million (ppm) in increments of 1 ppm; or
(2) capable of measuring nitrogen dioxide air concentrations in a range from 0 to 5 parts per million (ppm) in increments of 0.1 ppm.
b. The owner or operator shall operate, store, maintain, and calibrate the devices according to the device manufacturer's specifications. The owner or operator shall also keep maintenance and calibration records as part of the record-keeping log required pursuant to section 13 of this act.
5. a. The owner or operator shall designate a responsible person, and at least one responsible person shall be available in the arena building at all times when the indoor ice arena or indoor motorsports arena, as appropriate, is open to the public.
b. A responsible person shall acknowledge and certify, by their written signature, that they:
(1) have been given a copy of this act, and any applicable rules and regulations adopted pursuant to section 16 of this act;
(2) understand how to properly operate and store the air quality measuring device for the arena building;
(3) understand and are able to implement methods of maintaining acceptable air quality conditions as required pursuant to this act;
(4) are capable of properly collecting the air samples required pursuant to this act;
(5) understand and are able to implement appropriate actions for correcting unacceptable air quality conditions, including the requirements for corrective action and evacuation as set forth in this act; and
(6) understand, and agree to comply with, the record-keeping requirements set forth in this act.
c. The written and signed acknowledgement and certification pursuant to subsection b. of this section shall be retained as part of the record-keeping log required pursuant to section 13 of this act.
6. a. Measurements of carbon monoxide and nitrogen dioxide air concentrations shall be taken whenever internal combustion engine-powered ice maintenance machines are used in an indoor ice arena.
b. Air quality measurements shall be taken with an air quality measuring device at least twice per week after the use of an internal combustion engine-powered ice resurfacer. Measurements shall be taken at board height, inside the boards, and at the centerline of the ice:
(1) twenty minutes after completing resurfacing unless the commissioner has granted the operator approval to measure under an alternative schedule;
(2) at times of maximum use of the ice resurfacer; and
(3) at least once on Saturday or Sunday of each week that the indoor ice arena is open to the public.
c. Air quality measurements shall be taken with an air quality measuring device at least once per week after the use of an internal combustion engine-powered ice edger. Measurements shall be taken following a time of maximum use of the ice edger at board height, inside the boards, and at the centerline of the ice:
(1) twenty minutes after completing edging if the arena building is open to the public when edging occurs; or
(2) before the public reoccupies the indoor ice arena, if the arena is not open to the public when edging occurs.
d. (1) The owner or operator of an indoor ice arena shall take any additional measurements as required by the commissioner.
(2) Air quality measurements may be taken using an alternative schedule if the commissioner has approved the alternative schedule as part of the certificate issued pursuant to section 2 of this act.
e. All air quality measurements taken at an indoor ice arena shall be documented in the record-keeping log required pursuant to section 13 of this act, and made available to the commissioner upon request.
7. a. The owner or operator shall notify the commissioner when using equipment other than an ice maintenance machine for operating or maintaining the indoor ice arena, if that equipment is capable of producing carbon monoxide or nitrogen dioxide and is not directly vented to the outdoors. The owner or operator shall notify the commissioner by:
(1) providing the department with a list of such equipment that the owner or operator proposes to use in its annual certificate application submitted pursuant to section 2 of this act; or
(2) if the equipment was not included in the annual certificate application submitted pursuant to section 2 of this act, notifying the commissioner by telephone or in writing prior to using other fuel-burning equipment in the indoor ice arena.
b. The owner or operator shall ensure acceptable air quality in the arena building when using other fuel-burning equipment by measuring the air quality conditions and reporting those conditions as the commissioner directs, depending upon the specific type of activity to be conducted in the arena building. Any measurements taken pursuant to this subsection shall be recorded and retained as part of the record-keeping log required pursuant to section 13 of this act.
8. a. Measurements of carbon monoxide and nitrogen dioxide air concentrations shall be taken in an indoor motorsports arena, or an arena building hosting a special indoor motorsports event, as required pursuant to this section and as may be directed by the commissioner.
b. (1) For an indoor motorsports arena, measurements of carbon monoxide air concentrations shall be taken as follows:
(a) at least two days per week; and
(b) at least three hours per week during maximum use of motorsports vehicles.
(2) For a special indoor motorsports event, measurements of carbon monoxide air concentrations shall be taken as follows:
(a) on each day of motorsports vehicle use; and
(b) during all operating hours; and
(3) Air quality measurements shall be recorded at least every 15 minutes when motorsports vehicles are used in the arena building and shall be:
(a) taken at a location on the track that represents average carbon monoxide concentrations, as shall be identified by the owner or operator; and
(b) if spectators are present during motorsports activities, taken at the location of poorest air quality in the spectator area of the arena building. The owner or operator shall identify the location where spectators are exposed to the highest carbon monoxide levels.
c. The owner or operator shall
measure nitrogen dioxide air concentrations as the commissioner directs
depending on the
specific type of activity to be conducted in the arena building.
d. All air quality measurements taken pursuant to this section shall be documented in the record-keeping log required pursuant to section 13 of this act, and made available to the commissioner upon request.
9. a. The owner or operator of an indoor ice arena shall take immediate corrective action when measurements of more than 20 ppm of carbon monoxide or more than 0.3 ppm of nitrogen dioxide are made in an area of the arena building that is open to the public. Corrective action shall include increasing the ventilation rate immediately and suspending internal combustion-powered equipment use. Corrective action may also include warming up ice maintenance machines outside of the indoor ice arena, having the ice maintenance machines and any other internal combustion-powered equipment serviced by a qualified professional, and any other action which has the effect of reducing the measured carbon monoxide air concentrations or measured nitrogen dioxide air concentrations.
b. The owner or operator shall continue corrective action until measurements show not more than 20 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide in all areas of the arena building that are open to the public.
c. The owner or operator shall conduct and document the following air quality measurements to confirm the effectiveness of the corrective action:
(1) at 20-minute intervals until measurements show not more than 20 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide;
(2) 20 minutes after the next five uses of ice maintenance machines; and
(3) at least once per day for the subsequent three days of arena operation.
d. The owner or operator shall evacuate an area of the arena building whenever:
(1) measured carbon monoxide air concentrations exceed 83 ppm or measured nitrogen dioxide air concentrations exceed 2.0 ppm for more than five minutes;
(2) measured carbon monoxide air concentrations exceed 40 ppm or measured nitrogen dioxide air concentrations exceed 0.6 ppm for more than one hour after originally measuring unacceptable air quality conditions; or
(3) measured carbon monoxide air concentrations exceed 20 ppm or measured nitrogen dioxide air concentrations exceed 0.3 ppm for more than two hours after originally measuring unacceptable air quality conditions.
10. a. The owner or operator
of an indoor motorsports arena, or
arena building hosting a special indoor motorsports event, as appropriate,
shall take immediate corrective action when measurements of more than 30 ppm of
carbon monoxide or more than 0.3 ppm of nitrogen dioxide are made for more than
15 minutes in an area of the arena building that is open to the public. Corrective
action shall include increasing the ventilation rate immediately and suspending
internal combustion-powered equipment use, if carbon monoxide measurements
remain in excess of 30 ppm or nitrogen dioxide measurements remain in excess of
0.3 ppm for more than one hour after originally measuring unacceptable air
quality conditions. Corrective action may also include having the internal
combustion-powered equipment serviced by a qualified professional, and any
other action which has the effect of reducing the measured carbon monoxide air
concentrations or measured nitrogen dioxide air concentrations.
b. The owner or operator shall continue corrective action until measurements show not more than 30 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide in all areas of the arena building that are open to the public.
c. The owner or operator shall conduct and document the following air quality measurements to confirm the effectiveness of the corrective action:
(1) at 15-minute intervals until measurements show not more than 30 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide; and
(2) at 15-minute intervals for at least one hour per day for the subsequent three days of arena operation.
d. The owner or operator shall evacuate an area of the arena building whenever:
(1) measured carbon monoxide air concentrations exceed 83 ppm or measured nitrogen dioxide concentrations exceed 2.0 ppm for more than 15 minutes; or
(2) measured carbon monoxide air concentrations exceed 30 ppm or measured nitrogen dioxide air concentrations exceed 0.3 ppm for more than two hours after originally measuring unacceptable air quality conditions.
11. Whenever corrective action is required pursuant to subsection a. of section 9 of this act in the case of an indoor ice arena or pursuant to subsection a. of section 10 of this act in the case of an indoor motorsports arena or a special indoor motorsports event, the owner or operator shall submit a written report to the commissioner within five business days that includes:
a. an explanation of why corrective action was necessary;
b. a description of the immediate corrective actions that were taken;
c. a record of all air quality measurements taken pursuant to section 9 or 10, as appropriate, of this act; and
d. an action plan to prevent a recurrence of the situation that required corrective action.
12. a. Whenever evacuation is required pursuant to subsection d. of section 9 of this act or subsection d. of section 10 of this act, the owner or operator shall:
(1) contact the local fire department as soon as possible to request assistance in evacuating the arena and assessing the hazard; and
(2) contact the State Department of Health and local health agency upon completing the evacuation.
b. An arena building evacuated pursuant to this act may only be reoccupied by the public after an evacuation if:
(1) acceptable air quality conditions are measured;
(2) corrective action has been taken to prevent further incidence of unacceptable air quality conditions; and
(3) acceptable air quality conditions and corrective actions are verified by the State Department of Health, the local fire department, or local health agency. In response to a request from an owner or operator for verification pursuant to this paragraph, the local fire department or local health agency shall respond as soon as may be practicable, and the department shall respond within three business days after receiving such a request.
13. a. The owner or operator of an arena building shall keep a record-keeping log to maintain all documentation required pursuant to this act, including but not limited to training records, air quality measurement records, air quality measuring device records, and corrective action and evacuation reports.
b. The record-keeping log shall be kept in the arena building and be available, upon request, for review by the commissioner and the public during all hours that the arena building is open to the public.
c. The record-keeping log shall be retained for at least three years.
14. The department may grant a variance from the requirements of this act, or any rules or regulations adopted pursuant thereto, if determined to be appropriate or necessary, provided that:
a. for any variance granted, the department determines that the granting of the variance would not result in a reduction in the public health or safety; and
b. in no case shall the department grant a variance from the acceptable air quality conditions set forth in section 3 of this act.
15. a. Any person who
knowingly, willfully, or purposefully violates any provision of this act or any
rule or regulation adopted pursuant thereto shall be liable to a fine of not
less than $1,000 nor
more than $2,500 per day of violation.
b. Any person who falsifies information required to be kept as a record pursuant to this act shall be liable to a fine of not less than $1,500 nor more than $3,000. Each instance of falsification of information shall constitute a separate and distinct offense.
c. Penalties authorized pursuant to this section shall be collected by and in the name of the commissioner through a summary proceeding instituted in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal courts shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999" in association with this act.
16. The department, in consultation with the Department of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations that may be necessary to implement the provisions of this act.
17. This act shall take effect immediately but shall be inoperative until the first day of the 13th month next following the date of enactment.
STATEMENT
This bill would establish an indoor air quality certification program for indoor ice arenas and indoor motorsports arenas, and for special indoor motorsports events held at venues other than indoor motorsports arenas. This program would be implemented by the Department of Health (DOH).
The owner or operator of an indoor ice arena or indoor motorsports arena would be required to maintain acceptable air quality conditions, as set forth in the bill, at all times in areas of the arena building that are open to the public. The owner or operator of an indoor ice arena or indoor motorsports arena would be required to annually obtain a certificate from the DOH Commissioner in order to continue to operate the arena. The bill also sets forth acceptable air quality conditions and certificate requirements applicable to the owner or operator of a venue, other than an indoor motorsports arena, that is holding a special indoor motorsports event. The bill sets forth acceptable air quality conditions and requirements for air quality measurements and corrective actions to be taken for exceedances of the acceptable air quality conditions.
A person who knowingly, willingly, or purposefully violates any of the bill's provisions would be liable to a fine of $1,000 to $2,500 per day of violation. A person who falsifies information would be liable to a fine of $1,500 to $3,000 for each instance of falsification.
This bill is intended to protect public health by ensuring acceptable air quality in the operation and maintenance of indoor ice arenas and indoor motorsports arenas, and at special indoor motorsports events held at venues other than indoor motorsports arenas. This bill is modeled on rules adopted by the Minnesota Department of Health governing air quality conditions in indoor ice arenas and indoor motorsports arenas.
