Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Somerset)
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
Co-Sponsored by:
Senators Pennacchio, Diegnan and Schepisi
SYNOPSIS
The "New Jersey Bleacher Safety Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bleacher safety and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "New Jersey Bleacher Safety Act."
2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Bleachers" means structures that provide tiered or stepped seating, generally without backrests, and may be permanent, stationary, temporary, portable, or telescopic and are used in a place of public accommodation for the seating of its occupants.
"Commissioner" means the Commissioner of Community Affairs.
"Governmental entity" means the State, its agencies and instrumentalities, a county or municipality, or any agency or instrumentality thereof, a school district, or any other similar public entity or agency, but not the federal government or its agencies and instrumentalities.
"Nonprofit entity" means a person or entity which operates a place of public accommodation containing bleachers open to the public or open to users of a facility operated by the person or entity, and which is an exempt organization pursuant to section 9 of P.L.1966, c.30 (C.54:32B-9), the "Sales and Use Tax Act," but not a governmental entity or the federal government or its agencies and instrumentalities.
"Place of public accommodation" means a public or privately- owned sports or entertainment arena or park, gymnasium, auditorium, stadium, hall, special event center in a public park or other facility for public assembly.
"Private entity" means any person or entity which operates a place of public accommodation containing bleachers open to the public or open to users of a facility operated by the person or entity, but not a governmental entity, a nonprofit entity or the federal government or its agencies and instrumentalities.
3. a. The commissioner shall adopt within six months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), safety standards for existing bleachers to minimize the risk of falls or injuries from these bleachers. The commissioner shall utilize, in promulgating these standards, the guidelines created by the United States Consumer Product Safety Commission for the retrofitting of existing bleachers, or other standards adopted by a nationally or internationally recognized model code organization concerning safety standards for existing bleachers.
b. The commissioner shall adopt the rules and regulations necessary to effectuate P.L. , c. (C. ) (pending before the Legislature as this bill), including regulations for the certification and inspection of bleachers pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
4. a. All governmental entities operating a place of public accommodation containing bleachers shall upgrade their bleachers by replacement or improvement as necessary to satisfy the rules and regulations promulgated pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to the extent State funds are available for that purpose through State bonds or other means, or within one year following the effective date of those rules and regulations. Bleachers not certified to the commissioner as complying with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) by the end of the one-year period shall be forbidden to be used.
b. All private entities operating a place of public accommodation containing bleachers shall upgrade their bleachers by replacement or improvement as necessary to satisfy the rules and regulations promulgated pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) within two years following the effective date of those rules and regulations. Bleachers not certified to the commissioner as complying with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) by the end of the two-year period shall be forbidden to be used.
c. All nonprofit entities operating a place of public accommodation containing bleachers shall upgrade their bleachers by replacement or improvement as necessary to satisfy the rules and regulations promulgated pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) within two years following the effective date of those rules and regulations. Bleachers not certified to the commissioner as complying with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) by the end of the two-year period shall be forbidden to be used.
5. a. All governmental
entities, private entities, and nonprofit entities operating a place of public
accommodation containing bleachers which are not certified to be in compliance
with the regulations promulgated pursuant to P.L. , c. (C. ) (pending
before the Legislature as this bill), shall post in a conspicuous place on each
bleacher until such compliance is achieved, a notice, in 24-point bold-faced
capital letters, as follows:
"WARNING: P.L. , c. (C. ) (pending before the Legislature as this bill) REQUIRES BLEACHERS TO BE EQUIPPED WITH CERTAIN SAFETY FEATURES TO PREVENT ACCIDENTAL FALLS OR INJURIES. THIS BLEACHER IS NOT CERTIFIED AS BEING IN COMPLIANCE WITH THAT ACT. PROCEED WITH CAUTION."
b. All governmental entities, private entities, and nonprofit entities operating a place of public accommodation containing bleachers which are not certified to be in compliance with the regulations promulgated pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), upon the expiration date for compliance as set forth in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall post in a conspicuous place on each bleacher, a notice, in 24-point bold-faced capital letters, as follows:
"NOTICE THIS BLEACHER IS NOT IN COMPLIANCE WITH THE "NEW JERSEY BLEACHER SAFETY ACT," P.L. , c. (C.