Assembly Commerce and Economic Development Committee Statement to Assembly, No. 5135 (January 13, 2021)

Summary

An Assembly Commerce and Economic Development Committee statement to the Assembly Committee Substitute for Assembly, No. 5135, State of New Jersey, dated January 13, 2021, reporting it favorably. The substitute would set Statewide standards for heaters in tents used by food and beverage establishments during the COVID-19 public health emergency, with applications approved by the municipal fire official. Tents must be fire-retardant, have at least one accessible fire extinguisher and keep a minimum clearance of five feet between heaters or open flames and combustible material, and no cooking may occur under a tent. The Division of Fire Safety would issue emergency rules, and the provisions would expire after coronavirus seating restrictions end, as specified.

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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;

(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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