New Jersey S 3226: The "New Jersey Bleacher Safety Act."

Bill Text

(Sponsorship Updated As Of: 6/20/2023)
SENATE, No. 3226

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED OCTOBER 27, 2022

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.

S3226 A.M.BUCCO, CORRADO
2

AN ACT concerning bleacher safety and supplementing P.L.1975, 1
c.217 (C.52:27D-119 et seq.). 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. P.L. , c. (C. ) (pending before the Legislature as this 7
bill) shall be known and may be cited as the "New Jersey Bleacher 8
Safety Act." 9
10
2. As used in P.L. , c. (C. ) (pending before the 11
Legislature as this bill): 12
"Bleachers" means structures that provide tiered or stepped 13
seating, generally without backrests, and may be permanent, 14
stationary, temporary, portable, or telescopic and are used in a place 15
of public accommodation for the seating of its occupants. 16
"Commissioner" means the Commissioner of Community 17
Affairs. 18
"Governmental entity" means the State, its agencies and 19
instrumentalities, a county or municipality, or any agency or 20
instrumentality thereof, a school district, or any other similar public 21
entity or agency, but not the federal government or its agencies and 22
instrumentalities. 23
"Nonprofit entity" means a person or entity which operates a 24
place of public accommodation containing bleachers open to the 25
public or open to users of a facility operated by the person or entity, 26
and which is an exempt organization pursuant to section 9 of 27
P.L.1966, c.30 (C.54:32B-9), the "Sales and Use Tax Act," but not a 28
governmental entity or the federal government or its agencies and 29
instrumentalities. 30
"Place of public accommodation" means a public or privately- 31
owned sports or entertainment arena or park, gymnasium, 32
auditorium, stadium, hall, special event center in a public park or 33
other facility for public assembly. 34
"Private entity" means any person or entity which operates a 35
place of public accommodation containing bleachers open to the 36
public or open to users of a facility operated by the person or entity, 37
but not a governmental entity, a nonprofit entity or the federal 38
government or its agencies and instrumentalities. 39
40
3. a. The commissioner shall adopt within six months of the 41
effective date of P.L. , c. (C. ) (pending before the 42
Legislature as this bill) and pursuant to the "State Uniform 43
Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), 44
safety standards for existing bleachers to minimize the risk of falls 45
or injuries from these bleachers. The commissioner shall utilize, in 46
promulgating these standards, the guidelines created by the United 47
States Consumer Product Safety Commission for the retrofitting of 48

S3226 A.M.BUCCO, CORRADO
3

existing bleachers, or other standards adopted by a nationally or 1
internationally recognized model code organization concerning 2
safety standards for existing bleachers. 3
b. The commissioner shall adopt the rules and regulations 4
necessary to effectuate P.L. , c. (C. ) (pending before the 5
Legislature as this bill), including regulations for the certification 6
and inspection of bleachers pursuant to the "Administrative 7
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). 8
9
4. a. All governmental entities operating a place of public 10
accommodation containing bleachers shall upgrade their bleachers 11
by replacement or improvement as necessary to satisfy the rules and 12
regulations promulgated pursuant to P.L. , c. (C. ) (pending 13
before the Legislature as this bill) to the extent State funds are 14
available for that purpose through State bonds or other means, or 15
within one year following the effective date of those rules and 16
regulations. Bleachers not certified to the commissioner as 17
complying with the provisions of P.L. , c. (C. ) (pending 18
before the Legislature as this bill) by the end of the one-year period 19
shall be forbidden to be used. 20
b. All private entities operating a place of public 21
accommodation containing bleachers shall upgrade their bleachers 22
by replacement or improvement as necessary to satisfy the rules and 23
regulations promulgated pursuant to P.L. , c. (C. ) (pending 24
before the Legislature as this bill) within two years following the 25
effective date of those rules and regulations. Bleachers not certified 26
to the commissioner as complying with the provisions of 27
P.L. , c. (C. ) (pending before the Legislature as this bill) by 28
the end of the two-year period shall be forbidden to be used. 29
c. All nonprofit entities operating a place of public 30
accommodation containing bleachers shall upgrade their bleachers 31
by replacement or improvement as necessary to sa