(A)
Certificate Required to Operate. After May 26, 1997 no
person shall commence the operation of, or continue to operate, an indoor
skating rink unless he/she/it is the holder of a valid certificate of approval
issued by the board of health.
(B)
Application. By no later than April 26, 1997, any
person currently operating an indoor skating rink desiring to continue
operating said rink shall file a written application for a certificate of
approval with the board of health, on forms prepared by the Bureau and obtained
from the board of health. Any person desiring to commence operating an indoor
skating rink after March 21, 1997 must file an application and receive a
certificate of approval prior to commencing operation. Payment of any fee
required by local bylaw, ordinance or regulation shall accompany the
application.
(C)
Certificate. Upon receipt of a completed application
form and any applicable fee, the board shall issue a certificate of approval to
a person operating or proposing to operate an indoor skating rink, on a form
provided by the Bureau, if the board determines, after an inspection, that the
operator has satisfied the following conditions:
(1) a proper record keeping log is being
maintained at the rink;
(2) the
operator has on hand proper, adequate and functioning air monitoring equipment
capable of measuring carbon monoxide and nitrogen dioxide as required by 105
CMR
675.000;
(3) the operator has
taken air samples at the rink, in accordance with 105 CMR
675.000, for at least
two weeks prior to the inspection, and has recorded the results of those air
samples in the record keeping log;
(4) the air samples recorded in the record
keeping log for the two weeks prior to the inspection reveal that the levels of
carbon monoxide and nitrogendioxide were at all times during that period below
notification air levels;
(5) any
air samples taken by the board or its agent during the inspection reveal that
the levels of carbon monoxide and nitrogen dioxide are below notification air
levels.
The requirements of 105 CMR 675.016(C)(3), (4) and (5) maybe
satisfied, in the case of a new indoor skating rink or an in door skating rink
not in operation at the time of application, within 30 days of issuance by the
board of a certificate of approval. In such cases, the certificate issued by
the board prior to operating shall be deemed a provisional certificate until
those requirements are satisfied. If an operator fails to satisfy 105 CMR
675.016(C)(3) through (5) within 30 days, the provisional certificate shall be
deemed to have expired.
(D)
Expiration and Renewal of
Certificate.
(1) A certificate
shall expire no later than one year from the date issued.
(2) An indoor skating rink certificate may be
renewed by applying at least 30 days prior to the expiration of the
certificate. Renewal applications forms prepared by the Bureau shall be
obtained from the board of health.
(3) Upon receipt of a completed renewal
application form and any applicable fee, the board shall issue a renewal
certificate of approval, provided that the conditions set forth in 105 CMR
675.016(C)(1) through (5) are satisfied, and provided further that the prior
certificate has not been revoked or suspended.
(4) If a certificate expires while a timely
filed application for renewal is pending, the skating rink shall continue to
operate under the expired permit until a new permit is issued or the renewal
application is denied.
(E)
Posting of
Certificate. The Certificate of Approval shall be posted on a
central bulletin board maintained at the ice skating rink in a manner allowing
it to be readily viewed by all members of the public having access to the
indoor skating rink.
