Bill Text: NJ A3920 | 2016-2017 | Regular Session | Introduced
Bill Title: Eliminates DOLWD licensing for operators of refrigerating plants using anhydrous ammonia.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-06-20 - Introduced, Referred to Assembly Labor Committee [A3920 Detail]
Download: New_Jersey-2016-A3920-Introduced.html
Sponsored by:
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman R. BRUCE LAND
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Eliminates DOLWD licensing for operators of refrigerating plants using anhydrous ammonia.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning anhydrous ammonia refrigeration systems, and amending R.S.34:7-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.34:7-1 is amended to read as follows:
34:7-1. No unlicensed person shall operate a steam generator, similar equipment potentially capable of generating steam having relief devices set over 15 psig. and rated at or developing over 6 boiler horsepower or a steam power generator, if over 6 horsepower; a hoisting machine regardless of motive power, whenever the boom length exceeds 99 feet; a refrigerating plant of over 24 tons of refrigerating capacity, utilizing refrigerants of a flammable or toxic nature; or a steam or hot water heating plant of which the indicated or rated capacity exceeds either 499 square feet of heating surface or 100 boiler horsepower or 1,000 kilowatts or 4,000,000 British thermal units input regardless of pressure or temperature conditions; and no owner, agent, superintendent, manager or other person having charge of any building or work in which such equipment is located, or used, shall use, or cause or allow to be used, any such equipment described in this section unless the same is in charge of a properly licensed person, except in emergency, and then for no longer than 15 days unless the commissioner in writing extends such time, of which emergency the owner of such equipment, or the agent, superintendent, manager or other person in charge thereof shall promptly notify the mechanical inspection bureau in writing, stating fully the circumstances.
The provisions of this chapter shall not require a license of any person in charge of or operating the following:
(1) any equipment installed for emergency purposes only, or
(2) any equipment under the jurisdiction and control of the United States Government, the operation of which is actively regulated by a Federal agency, or
(3) any railroad locomotive boiler or any type locomotive used in the service of a common carrier, or
(4) any refrigerating plant utilizing anhydrous ammonia or refrigerants classified as being in Group 1 in the Safety Code for Mechanical Refrigeration of the American Society of Refrigerating Engineers approved by the American Standards Association, Inc., or
(5) Any equipment having relief devices set at or under 15 pounds per square inch gage or reliably regulated to operate at a temperature not greater than 200`F when serving a heating plant in a building which is unoccupied. A building shall not be deemed to be "occupied" solely on the basis of attendance by custodial or security personnel, or
(6) any steam generating equipment having relief devices set at or under 15 pounds per square inch gage or hot water equipment reliably regulated to operate automatically at a temperature not greater than 250`F, and having relief devices set at or under 160 pounds per square inch gage when serving a heating plant other than in a building of public assembly providing (a) the equipment shall be protected by such type of automatic safety control system which is approved by the State mechanical inspection bureau for automatic operation; and (b) the boiler plant and its safety components are inspected operationally at reasonable intervals, when the building is occupied, by a person designated by the owner, agent, superintendent, or manager, which person's qualifications to operate such equipment have been certified by the State mechanical inspection bureau on the basis of 90 days' experience and reasonable examination by that bureau in respect of such equipment. The "operational inspection" referred to in this subparagraph shall mean visual inspection of all indicators, gages, thermometers, external connections and other items which may be viewed by an external inspection. A log book shall be maintained on the premises recording such inspections, which log book shall be open to inspection by any designated representative of the State mechanical inspection bureau.
The provisions of this article shall be administered by the commissioner through the mechanical inspection bureau. Examinations for license under this article shall be conducted by the examining board or by any member of said board.
(cf: P.L.1967, c. 214, s.1)
2. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill would eliminate specific licensing requirements for persons who operate refrigeration systems that use anhydrous ammonia. Current law requires the New Jersey Department of Labor and Workforce Development to license operators or persons in charge of facilities that operate boilers, pressure vessels, and refrigerating plants. Current requirements place a significant economic burden on facilities using anhydrous ammonia as an industrial refrigerant and do not take into consideration the increased automation and safety features built into modern ammonia refrigeration systems.
In 1992, the United States Occupational Safety and Health Administration (OSHA) implemented the Process Safety Management (PSM) standard and in 1996, the United States Environmental Protection Agency implemented the Risk Management Program (RM Program). Since that time, New Jersey has been one of four states in the nation to enforce anhydrous ammonia refrigeration regulations in addition to those programs already required by federal law. Applicable standards have been developed by the International Institute of Ammonia Refrigeration, and are specifically designed for anhydrous ammonia refrigeration operations. New Jersey has not adopted similarly particularized regulations. The result has been an unnecessarily burdensome regulatory framework that poses significant barriers to business development. Moreover, the federal PSM standard and the RM Program regulations already include training requirements for refrigeration operators, making New Jersey's current licensing scheme unnecessary.
