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Statement — Assembly Committee Substitute for Assembly, No. 5135 (New Jersey, January 13, 2021)

Summary

Statement of the Assembly Commerce and Economic Development Committee, State of New Jersey, dated January 13, 2021, reporting favorably Assembly Committee Substitute for Assembly, No. 5135. The substitute would establish Statewide standards and rules for the use of heaters in tents by food and beverage establishments during the COVID-19 public health emergency. An owner or operator would file an application with the fire official of the municipality, and each tent and heating source must meet standards including fire-retardant tent material, a fire extinguisher inside the tent and a minimum clearance of five feet between an open flame and any combustible material. The Division of Fire Safety in the Department of Community Affairs would promulgate emergency rules and regulations as necessary.

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“Statement — Assembly Committee Substitute for Assembly, No. 5135 (New Jersey, January 13, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-01-13-ace-a5135-s1-2204f23006/, SHA-256 37f7de99559738aee87cee377212ed1f5a33bc7a21bd203f6b66bd046b5d52f1.

Full text

ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT
                COMMITTEE

                         STATEMENT TO

   ASSEMBLY COMMITTEE SUBSTITUTE FOR
            ASSEMBLY, No. 5135

       STATE OF NEW JERSEY
                         DATED: JANUARY 13, 2021

          The Assembly Commerce and Economic Development Committee
      reports favorably an Assembly Committee Substitute for Assembly,
      No. 5135.
         This committee substitute would establish Statewide standards
      and rules for the use of heaters in tents by food and beverage
      establishments during the COVID-19 public health emergency.
         This committee substitute would require the owner or operator of
      a food or beverage establishment that intends to offer service to
      customers under heated tents during the COVID-19 public health
      emergency to file an application with the fire official of the
      municipality in which the establishment is located. The fire official
      would approve the application if, based on a review of the
      application and evidence submitted by the owner or operator, the
      fire official determines that the equipment to be used, and the plan
      for the use of a heated tent, comply with the requirements set forth
      in the committee substitute. The substitute defines “food or
      beverage establishment” as a restaurant, cafeteria, dining
      establishment and food court, with or without a liquor license, as
      well as a bar, and any other holder of a liquor license with retail
      consumption privileges.
         The substitute provides that each tent, and heating source
      intended to be used inside the tent, must meet the following
      standards:
         (1) A tent must be constructed of fire-retardant material;
         (2) No cooking or warming of food may be performed under a
      tent;
         (3) At least one, easily accessible, fire extinguisher must be
      inside the tent at all times;
         (4) There must be a minimum clearance of five feet between an
      open flame and any combustible material;
         (5) All heating units must be placed on a stable base;
         (6) If an electric heater is to be used, there must be a minimum
      clearance of five feet between the heater and any combustible
      material;
                                2

   (7) If a generator is to be used as a power source for a heater,
the generator may not be located within the tent or within five feet
of the tent, and shall not be fueled if it is hot; and
   (8) An enclosed tent having heating devices inside must have
prominently marked entrances and exits.
   Additionally, the substitute would requires the owner or operator
of a food or beverage establishment to take the following actions to
ensure the safe use of heaters inside a tent:
   (1) Ensure the safe storage of propane or other fuels at all times;
   (2) Ensure that heaters and fuels are unplugged or turned off,
and safely stored overnight; and
   (3) Provide, or arrange for, training for all employees on how to
install fuel or fuel sources and how to detect a fuel leak.
   The substitute would also require the owner or operator of a food
or beverage establishment that has located a tent having a heat
source on a public street or in a public parking lot to take
reasonable precautions to prevent a vehicle impact with the tent.
   Under the substitute, the Division of Fire Safety in the
Department of Community Affairs would promulgate emergency
rules and regulations as necessary to effectuate the provisions of the
substitute, and allows the division to readopt or amend those
emergency rules.
   The provisions of the substitute would expire on either the date
of expiration, termination, or rescission of any and all executive or
administrative orders issued by the Governor or Commissioner of
Health establishing coronavirus-related occupancy or customer
seating restrictions applicable to food and beverage establishments,
or the first day of the seventh month following the date on which
the Governor declares that the state of emergency has ended,
whichever date occurs later.
   It is anticipated that these requirements and standards will allow
restaurants to continue to serve patrons through the cold winter and
early spring months.

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