Section 675.016 - Certificate of Approval - Issuance(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.