2013-06-10 STMA Ice Arena Board PacketCity of
A,lbertville�. Michael
SnmU Town EirkiW ft rity UNh STMA
STMA ARENA BOARD AGENDA
MONDAY, JUNE 109 2013
ALBERTVILLE CITY HALL
6:00 PM
1. CALL TO ORDER — ROLL CALL
2. ADOPT AGENDA
3. APPROVAL OF THE NHNUTES OF MAY 13, 2013 (pgs 1-3)
4. FINANCE REPORTS
a) Approve the May list of claims as presented in the amount of $17,022.47 and May
report (pgs 4-7)
5. MANAGER'S REPORT
a) Monthly report (pgs 8-27)
6. OLD BUSINESS
a) 2013 Budget (pg 28)
b) Advertising (discussion)
7. NEW BUSINESS
8. YOUTH HOCKEY ASSOCIATION
a) Outdoor Ice Possibilities (discussion)
b) Other
9. ADJOURN
MAPublic Data\Arena\2013\agendas\06-10-2013\06102013 S'I'MA Agenda.doc
ST. MICHAEL-ALBERTVILLE ARENA BOARD MINUTES
May 13, 2013
6:00 p.m.
Present: Chairman Jeff Lindquist and Members, Gayle Weber, Kevin Kasel and Larry Sorensen were
present. Members Dan Wagner and Chris Schumm were absent. Also present: City
Administrator/PWD Adam Nafstad, City Finance Director Tina Lannes, Arena Manager Grant Fitch
and Youth Hockey Association Representatives, Tammy Tupper, Kurt Sjelin, Steve Gapinski, Adam
Smiglewski and Mike Marhula. The meeting was called to order at 6:04 p.m. by Chairman Lindquist.
Set Agenda
Members Kasel/Sorensen moved to set the agenda as presented. All voted aye.
Approval of Minutes
Members Weber/Kasel moved to approve the minutes of the April 8, 2013 Board Meeting. All voted
aye.
Finance Reports
Chairman Lindquist inquired if the Ballard King payment in the amount of $2,125 was for the
addendum and the additional work requested for the addendum. Lannes clarified that the payment to
Ballard King was for phase two of completing the feasibility study and that an invoice for the
addendum has not been received. Members Sorensen/Weber moved to approve the April 2013 list of
claims in the amount of $14,734.11 and the April Financial Report as presented. All voted aye.
Lannes updated the Board that when Kern, DeWenter, Viere audited the City of Albertville Financial
Statements for 2012, which includes the cash balance for the STMA Arena, they recommended for
management to follow the Office of the State Auditors requirements and that it should be recognized
as a special district. Under a special district there are annual reporting requirements to the State in
accordance with Minnesota Statue 6.756. Since revenues exceed $202,000 the STMA Arena must
provide an annual audit and financial statements separate from the City of Albertville. This State
requirement has an estimated cost of $7,00049,000 annually. The audit amount is approximately
$5,000 and financial statements are approximately $2,000. Additional City staff time is not included in
the additional cost. Lannes mentioned that it would not make a difference who was managing the
arena, whether it be either City or the School District, the recommendation would be the same.
Sorensen clarified that he had asked the question when KDV presented the findings at the City Council
Meeting. Weber asked since KDV has been reviewing the financials for the past few years what is the
$9,000 set up. Lannes explained that the amount is cost for a separate audit and separate financial
statements in accordance with OSA standards. Lindquist stated that the current practice has been City
staff reviewing the arena financial statements which is included in the City audit, but it is more than
cursory audit. Nafstad stated it currently is more of an audit of cash balance as of December 31st
Lindquist mentioned that now that it is a special district, the STMA Arena has to have its own set of
financial statements to comply with requirements of this statute and they have to be separately audited.
The trigger on that is revenue based and since we have exceeded that revenue for the past couple of
years we are required by statute to do this. Nafstad stated that KDV plans to attend the July meeting to
answer more in-depth questions regarding this requirement. Weber asked why doesn't the Board
request bids for the audit and financial statements. Lannes stated that KDV would still be auditing part
of the STMA Arena because it is part of the City of Albertville cash flow as a fund. Lannes continued
by stating that we could go out for bids, but believes there is savings with KDV. Weber asked then
why the setup fee if they are already reviewing part of it. Lannes clarified that the setup fee is not for
KDV it is for preparing the financial statements with Abdo. Nafstad stated the City of Albertville uses
Abdo for compiling the actual financial statements incorporating all of the GASB standards, those are
the audited statements. Nafstad continued by mentioning as a staffing issue he would like to go
through one audit rather than two separate audits in a year. Lindquist asked if the amount would be the
STMA Arena Board Mtg 06/10/13 page 1
STMA Ice Arena
May 13, 2013 Minutes
Page 2
same annually or if it would change. Nafstad stated that the costs would be about the same annually
for the special district.
Arena Manager's Report
Fitch updated the Board that the ice came out on April 91h and there was 45.25 hours rented before the
ice came out for the month of April. Youth Hockey had some requests for building a deck area over
the raised floor in the lobby and a place for trophies displayed. Nafstad mentioned that the deck or
platform presents a tripping hazard. Weber mentioned that if the deck is a safety hazard it would be
money well spent if fixed. Sorensen asked what it would cost. Nafstad stated that the platform itself
isn't a large amount of work. The issue is where it should go, and how it should be constructed, and
believes it would be to engage someone to design or plan the platform/ramp.
Fitch went over the recommendation of disinfecting the arena a few times a year for a cost around
$3,000. This should be part of the budget discussion.
The STMA Arena summer rates for discussion. Currently it is A-$150, B-$145 and $125 if the group
books 40 or more hours, evenings or weekends. The Board had a discussion about rates for summer
ice. Lindquist/Kasel moved to keep the summer rates at A-$150, B-$145 and $125 if the group books
25 or more hours, evenings or weekends. All voted aye.
Fitch updated on the Youth Hockey event on April 27th with a minimum bill of $400 to cover
expenses.
Old Business
Ballard King Feasibility Report Addendum that addresses some issues raised by Youth Hockey:
Lindquist opened up for the Board members to ask questions or make comment on the addendum.
Kasel commented on depreciation mentioning that the STMA Arena Board does not have taxing
authority; therefore, to repair or fix the assets, depreciation needs to be funded and depreciation has to
be part of the cash flow discussion. Kasel continued to discuss the revised staffing level stating it is
very difficult to say we are doubling the size of the facility and only increasing labor by $12,000 or
10%. With a second sheet of ice there will likely have to be an assistant manager for the arena.
Sorenson mentioned that he agrees with Kasel on depreciation and we need to keep that in the
budgeting process and it will have to be paid for. Kasel mentioned depreciation is budgeted
optimistically over 50 years, as an example, the Metrodome lasted 30, which by comparison means the
arena's depreciation should be greater, perhaps $130,000 a year with a second sheet of ice instead of
$80,000. Lindquist also agreed about the depreciation items the Board brought up from the addendum
along with the debt service where it stated that municipalities don't include debt service as an expense
item. As part of an operating budget, this is not a municipality; it is a Joint Powers Board with the
responsibility to cash flow the arena, so someone has to pay the debt. Lindquist stated the debt service
seems to be the ongoing discussion that cannot be ignored and echoed the concerns of staffing levels
brought up by Kasel. Nafstad added from a staff prospective we disagree with the addendum and
agree with the Board that the items such as depreciation and debt service need to be budgeted and
funded. Nafstad continued by mentioning that for the cities, at least for business type activities and
enterprise funds, depreciation and debt service are accounted for. Lannes confirmed Nafstad's
statements in response to Lindquist asking if the cities would consider not funding depreciation or debt
service. Lannes also mentioned whether it is budgeted and/or funded or not it is a requirement by
GASB in business type activity, enterprise funds, the expense is booked and rates are to cover those
expenses. Lindquist mentioned that we were not covering all of depreciation currently. Lannes
confirmed that statement and clarified that the Board only started budgeting and funding a portion of
depreciation as of January 2010 when the City of Albertville took over management and since that date
there is $75,000 of depreciation funded in total for the four years.
STMA Arena Board Mtg 06/10/13 page 2
STMA Ice Arena
May 13, 2013 Minutes
Page 3
Adam Smiglewski from Youth Hockey mentioned after meeting with Tina Lannes for about an hour
on May 131h to talk about depreciation that Youth Hockey is just going to accept the need to fund
depreciation and move on. Smiglewski started by saying that the Association has grown and is ever
changing especially under the newer parent's perspective. Smiglewski was very shocked to learn
today after meeting with Lannes that when the arena was built, the two cities and school each
contributed $250,000 with an agreement with Youth Hockey to pay back the $750,000, which the three
entities ultimately ended by having to forgive. He continued to say about 75% of the current parents
don't know that happened and he understands now about the comments the Board has stated over the
past few months that debt service cannot be funded by a promise from Youth Hockey because the
Association could disband and not have to honor any agreement. Smiglewski said he was shocked
how the Board has been so willing to forgive and move on from that and how supportive the Board has
been and also realizes how supportive the Board is of the kids.
Smiglewski stated that there is no objection to the need of a second sheet but the feasibility study
talked about ice saturation and the 35 mile radius, which parents are not willing to drive that far plus
these unused hours are not prime time hours. Youth Hockey agrees with the depreciation comments
and wants to move forward. There was discussion about the project cost and options.
Nafstad gave an update to the Board on the arena roof and the 292 Design Group. Upon site review,
292 Design Group and Nelson Rudy concluded that it is a condensation issue and the report offers
three options for consideration. The next step is to have the consultant provide preliminary plans and
cost estimates for the proposed options. The cost for them to provide this information is estimated to
be between $5,500-$6,500. Kasel/Sorensen moved to authorize staff move forward with the
professional services not to exceed $6,000. All Voted Aye.
Lannes presented the Board with four different budget options and stated staff needs Board direction.
Lannes updated the budget and provided the Board with the changes made since it was last presented
and stated that Youth Hockey does need the rate set this evening. Items not in the budget are cleaning,
and capital funding. Nafstad mentioned that staff is recommending a $10 rate increase and no assistant
manager. Nafstad stated we can work with different management strategies to assist Grant and utilized
the current staff at the STMA Arena. The Board discussed the rate increase recognizing that the last
rate increase was 2010, but they want to stay competitive with other rates. Linquist/Sorensen moved
to increase the hourly rate by $5.00 effective September 1, 2013. Making the rates: A - $190, B - $170
and leave the C - $155. All voted Aye.
Adiourn
Members Sorensen/Kasel moved to adjourn at 8:12 p.m. All voted aye.
Attest:
Tina Lannes, City Finance Director
STMA Arena Board Mtg 06/10/13 page 3
City of
Ibertvi £ ST
MIA t. Michael
Small Town Living. ®ig Ci1 sy+ U a.
STMA Budget to Actual May 2013 (Cash Basis)
Income
Ice Rental
Concessions
Other Revenues (Advertising/LMC/ins
claims)
Vending
Open Skate/Hockey, etc
Interest
Misc Revenue
Total Income
Expenses
Salaries, wages, taxes & Benefits
Supplies (Office, misc)
Supplies (Concession)
Fuel, Misc
Professional Services
Sales Tax
Telephone
Electric
Gas
Water
Refuse
Insurance
Administration
Misc.
Depreciation
Repair Maintenance — Machinery
Repair Maintenance — Building
Total Operating Expenses
Net Income/Loss
2013 Proposed
Budget rate
2013 Actual
increase no
May 2013
YTD
%
asst. mgr
Actual
5/31/13
Annual
$261,080.15
$6,960.00
$139,415.00
53.40%
$33,000.00
$0.00
$17,415.50
52.77%
$12,000.00
$0.00
$8,913.00
74.28%
$1,350.00
$20.23
$641.14
47.49%
$10,000.00
$0.00
$822.95
8.23%
$1,200.00
$0.00
$0.00
0.00%
$1,300.00
$0.00
$2,550.05
$319,930.15
$6,980.23
$169,757.64
53.06%
$111,410.00
$6,276.48
$48,169.36
43.24%
$1,500.00
$2.96
$921.45
61.43%
$13,250.00
$0.00
$4,474.47
33.77%
$2,300.00
$0.00
$672.17
29.22%
$15,000.00
$52.29
$8,745.18
58.30%
$3,200.00
$252.00
$1,754.88
54.84%
$1,100.00
$75.70
$379.29
34.48%
$75,000.00
$5,586.12
$17,465.60
23.29%
$6,500.00
$229.75
$3,747.08
57.65%
$14,000.00
$1,202.06
$11,208.55
80.06%
$2,200.00
$106.03
$464.19
21.10%
$10,000.00
$7,434.00
$7,457.00
74.57%
$11,346.48
$945.84
$4,729.20
41.68%
$2,250.00
$0.00
$15.07
0.67%
$43,000.00
$0.00
$0.00
0.00%
$10,000.00
$6.09
$1,420.93
14.21 %
$25,000.00
$449.77
$11,370.93
45.48%
$347,056.48
$22,619.09
$122,995.35
35.44%
($27,126.33) ($15,638.86) $46,762.29
STMA Arena Board Mtg 06/10/13 page 4
STMA CASH BALANCES AND RECEIVABLES
May 30, 2013
Cash Balance Operations
Cash Balance 1/1/13
$131,405
Add Revenues
$169,758
Less Expenses
$122,995
Add in Depreciation
$ -
Less payables booked 2012 Pd 2013
$ 10,672
Cash Balance 5/31/13
$167,495
Restricted Cash (depreciation) $78,457
Cash for operations $89,038
Total Cash Balance 5/31/13 $167,495
Accounts Receivable
May 31, 2013 - $441.50
Cash Balance Dedicated Capital Improvement Fund
Arena Owner Dedicated Cap. Imp. Fund
Beginning Balance 1/1/13 $20,000
2013 contribution rec. by St. Michael $0
2013 contribution rec. by Albertville $0
2013 contribution rec. by STMA Schools $0
Balance 5/31/13 $20,000
STMA Arena Board Mtg 06/10/13 page 5
STMA Vendor Check Detail Register
May 2013
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 001950E 5/6/2013 RANDYS ENVIRONMENTAL SERVICES
E 810-00000-384 Refuse/Garbage Disposal $106.03 1-56027-3 May STMA Arena Garbage
Paid Chk# 001967E 5/20/2013 WRIGHT-HENNEPIN COOP ELECTRIC
E 810-00000-381 Electric Utilities $29.87 05014270100 Jun STMA Arena Fire Panel
Paid Chk# 001994E 5/15/2013 CITY OF ALBERTVILLE
E 810-00000-412 Building Rentals/Admin Fee $945.84 admin fee 0513
Paid Chk# 001995E 5/15/2013 CITY OF ALBERTVILLE
E 810-00000-382 Water Utilities $1,202.06 wtr bill
Paid Chk# 001996E 5/20/2013 MN DEPARTMENT OF REVENUE
E 810-00000-315 Sales Tax $5.00 sales tax
Paid Chk# 032011 5/6/2013 ALLOY WELD & REPAIR
E 810-00000-405 Repair/Maint - Buildings $190.00 50 STMA Arena Repair Rink Door Latch
Paid Chk# 032016 5/6/2013 BCBS OF MINNESOTA
E 810-00000-130 Employer Paid Ins (GENERAL) $776.75 CI261-10-0 Emp Health Ins
Paid Chk# 032036 5/6/2013 JORSON & CARLSON INC
E 810-00000-300 Professional Srvs (GENERAL) $52.29 324918 STMA Arena Ice Scraper Knives Sharpened
Paid Chk# 032039 5/6/2013 LEAGUE OF MN CITIES INS TRUST
E 810-00000-361 General Liability Ins $7,434.00 43261 STMAArena Property, Liability, Auto, Equip, Insurance
Paid Chk# 032040 5/6/2013 METLIFE (VISION)
E 810-00000-130 Employer Paid Ins (GENERAL) $22.61 4925547 Employee Vision
Paid Chk# 032041 5/6/2013 METLIFE-GROUP BENEFITS
E 810-00000-130 Employer Paid Ins (GENERAL) $127.50 May 2013 Emp Life, Dental ST Dis
Paid Chk# 032044 5/6/2013 NAPA AUTO PARTS
E 810-00000-404 Repair/Maint - Machinery/Equip $6.09 861517 STMA Arena Oil Filter
Paid Chk# 032050 5/6/2013 SCR, INC - ST. CLOUD
E 810-00000-405 Repair/Maint - Buildings $224.81 263704 STMA Arena Installed Tee, Valve & Drain Pipe to Drain
to Allow Condensation Amt to be Checked
Paid Chk# 032057 5/6/2013 XCEL ENERGY
E 810-00000-381 Electric Utilities $5,556.25 364514935 STMA Arena March 2013
Paid Chk# 032066 5/20/2013 ARAMARK UNIFORM SERVICES
E 810-00000-405 Repair/Maint - Buildings $18.94 629-7735903 STMA Arena Mats, Mops, Laundry Bag
Paid Chk# 032068 5/20/2013 CENTERPOINT ENERGY
E 810-00000-383 Gas Utilities $229.75 5390131-0 April STMA Arena 5898 Lachman Ave NE
Paid Chk# 032069 5/20/2013 CHARTER COMMUNICATIONS
E 810-00000-321 Telephone $75.70 0131702 May STMA Arena Phone Acct #8352305160131702
STMA Arena Board Mtg 06/10/13 page 6
Check Amt Invoice Comment
Paid Chk# 032075 5/20/2013 DJS TOTAL HOME CARE CTR-ARENA
E 810-00000-200 Office Supplies (GENERAL) $2.96 68517 Medical Nitrate Coated Gloves
E 810-00000-405 Repair/Maint - Buildings $16.02 68517 STMAArena Fiberglass Shovel
810 STMA ARENA $17,022.47
STMA Arena Board Mtg 06/10/13 page 7
A�1bertville
�r r� Urq. ft aw uff. SSTMIA
MANAGER' GENERAL UPDATE
Date: April 3, 2013
To: STMA Arena Board
From: Grant Fitch, STMA Arena Manager
Ice Time sold (June 8th through August 3I't 2013): Total hours 275
A
of
�. Michael
L
Day To Day Operation: Compressors were turned on May 30th, with ice install taking place
between June 3rd and June 7th. The issues we are experiencing with the roof have made
preparation and install of the new ice very difficult.
Friendly City Men's 4 on 4 Tournament: We have 8 teams signed up for games on Saturday
June 8th and Sunday June 9th
Summer Camps: Start on Monday June loth and conclude August I't
IceTimeFinder.com: A new web site to help promote Ice time for sale in the Metro and
surrounding areas. I talked to Steve with ITF and will be up loading open Ice Blocks for the
STMA Arena next week.
Arena Roof: Verbal update will be given at the meeting.
MDH Indoor Air Quality Rule: The Mn Department of Health has a new ruling on indoor air
quality testing and monitoring. Most notably, the new rule will require that a trained person be
in the arena at all times when the building is open to the public. In addition, the rule also
requires more frequent testing of air quality. Please let me know if anyone would like a copy of
the rule and/or more information on its impact to our operations.
STMA Arena Board Mtg 06/10/13 page 8
03/25/13 REVISOR SGS/AA AR4006
1.1 Department of Health
1.2 Adopted Permanent Rules Relating to Indoor Ice Arenas and Motorsports Arenas
1.3 .4620.3900 PURPOSE.
1.4 The purpose of parts 4620.3900 to 4620.4800 is to protect public health by ensuring
1.5 acceptable air quality in the operation and maintenance of indoor ice arenas.
1.6 4620.3910 APPLICATION.
1.7 Parts 4620.3900 to 4620.4800 apply to owners or operators of indoor ice arenas.
1.8 4620.3950 ACCEPTABLE AIR QUALITY.
1.9 The owner or operator of an indoor ice arena must maintain acceptable air quality
1.10 conditions at all times in areas of the arena building that are open to the public. Such
1.11 conditions are defined as: one -hour average air concentration of not more than 20 parts of
1.12 carbon monoxide per one million parts of air by volume (20 ppm), and one -hour average
1.13 air concentrations of not more than 0.3 parts of nitrogen dioxide per one million parts of
1.14 air by volume (0.3 ppm).
1.15 4620.4000 DEFINITIONS.
1.16 Subpart 1. Scope. For the purposes of parts 4620.3900 to 4620.4800, the following
1.17 terms shall have the meanings given them.
1.18 Subp. la. Air quality measuring device. "Air quality measuring device" means
1.19 direct -read pump and colorimetric tube or electronic real-time gas detection equipment for
1.20 sampling and measuring nitrogen dioxide and carbon monoxide air concentrations.
1.21 Subp. 2. [See repealer.]
1.22 Subp. 3. [Repealed by amendment, L 1977 c 305 s 39]
1.23 Subp. 3a. Arena. "Arena" means an indoor ice arena.
1.24 Subp. 3b. Arena building. "Arena building" means a structure with a roof and walls
1.25 that houses an indoor ice arena.
4620.4000 1 STMA A#gW8wtdbV4CW0
03/25/13
REVISOR S GS/AA AR4006
2.1 Subp. 4. Certificate. "Certificate" means a certificate of approval issued by the
2.2 commissioner under parts 4620.3900 to 4620.4800.
2.3 Subp. 5. [See repealer.]
2.4 Subp. 5a. Commissioner. "Commissioner" means the commissioner of health or the
2.5 commissioner's designee.
2.6 Subp. 5b. Edging. "Edging" means operation of an ice edger.
2.7 Subp. 6. [See repealer.]
2.8 Subp. 7. [See repealer.]
2.9 Subp. 7a. Ice edger. "Ice edger" means power equipment used to modify the perimeter
2.10 of an ice sheet.
2.11 Subp. 7b. Ice maintenance machine. "Ice maintenance machine" means an ice
2.12 resurfacer or ice edger.
2.13 Subp. 7c. Ice resurfacer. "Ice resurfacer" means power equipment used to modify the
2.14 entire surface of the ice.
2.15 Subp. 7d. Indoor ice arena. "Indoor ice arena" means a single room of a permanent or
2.16 temporary structure where an ice sheet is maintained having the following characteristics:
2.17 A. the room has a roof;
2.18 B. the room is bounded by walls, doorways, or windows, whether open or closed;
2.19 and
2.20 C. the walls, doorways, or windows cover more than 50 percent of the combined
2.21 surface area of the vertical planes that make up the room's perimeter (sides).
2.22 Subp. 7e. Operator. "Operator" means the person designated by the owner as
2.23 responsible to operate and maintain .the indoor ice arena.
4620.4000 2 STMA Arena Board Mtg 06/10/13 page 10
03/25/13 REVISOR SGS/AA AR4006
3.1 Subp. 7f. Owner. "Owner" means the person having legal title to the indoor ice arena
3.2 or the owner's legally authorized representative.
3.3 Subp. 8. Person. "Person" means any natural individual, corporation, partnership, or
3.4 other business association and includes the state and its political subdivisions.
3.5 Subp. 8a. Responsible person. "Responsible person" means the individual authorized
3.6 by the operator to ensure acceptable air quality conditions in the arena.
3.7 Subp. 9. Resurfacing. "Resurfacing" means operation of an ice resuifacer.
3.8 4620.4100 CERTIFICATE OF APPROVAL.
3.9 Subpart 1. Applicability. No person may own or operate an indoor ice arena unless
3.10 the commissioner issues the person a certificate.
3.11 Subp. 2. Certificate application. Applications for a certificate must be submitted on
3.12 forms prescribed by the commissioner. An application must be submitted:
3.13 A. annually, by owners or operators of all existing indoor ice arenas; and
3.14 B. `at least 30 days before owners or operators open new indoor ice arenas to
3.15 the public.
3.16 Subp. 3. Certificate issuance. The commissioner must issue a certificate under
3.17 subpart 2, if the commissioner determines that the owner or operator has complied with
3.18 parts 4620.3900 to 4620.4800 and demonstrated the ability to maintain acceptable air
3.19 quality conditions in the arena building.
3.20 Subp. 4. Certificate expiration and renewal. A certificate issued under this part
3.21 expires one year from the date of issue.
3.22 A. Owners or operators -must apply for renewal on forms prescribed by the
3.23 commissioner at least 30 days before a certificate expires.
4620.4100 3 STMA Arena Board Mtg 06/10/13 page 11
03/25/13
REVISOR SGS/AA AR4006
4.1 B. If a certificate expires while a renewal application is pending approval, the
4.2 arena may continue to operate under the expired certificate until the commissioner issues a
4.3 new certificate or denies the renewal application.
4.4 Subp. 5. Posting of certificate. The certificate must be prominently displayed in a
4.5 location that is clearly visible to the public.
4.6 4620.4450 TRAINING.
4.7 Subpart 1. Requirements. The owner or operator must ensure that a trained
4.8 responsible person is available in the arena building at all times that the arena is open to
4.9 the public. Training must:
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
A. be appropriate for the trainee's level of responsibility in operating the arena;
B . be performed annually;
C. include the following topics:
(1) acceptable air quality conditions;
(2) methods of maintaining acceptable air quality in the arena;
(3) proper operation and storage of the arena air quality measuring device;
(4) proper collection of air samples with the arena air quality measuring device;
(5) appropriate actions for correcting unacceptable air quality; and
(6) record -keeping requirements; and
D. be documented.
4.20 Subp. 2. Documentation. Trainees must acknowledge, with their written signature,
4.21 that they have received training -meeting the requirements of this part. Owners or operators
4.22 must maintain the written acknowledgment according to part 4620.4650.
4620.4450 4 STMA Arena Board Mtg 06/10/13 page 12
03/25/13
REVISOR SGS/AA AR4006
5.1
4620.4510 MEASUREMENT OF AIR QUALITY CONDITIONS.
5.2 Subpart 1. Measuring air quality. Owners or operators of indoor ice arenas must
5.3 measure carbon monoxide and nitrogen dioxide air concentrations in each arena when
5.4 internal combustion engine -powered ice maintenance equipment is used.
5.5 Subp. 2. Persons who can take measurements. Measurements must be made by an
5.6 individual who has received training as specified in part 4620.4450.
5.7 Subp. 3. Measurements for ice resurfacing. Owners or operators must measure air
5.8 concentrations at least twice per week after using an internal combustion engine --powered
5.9 ice resurfacer. Measurements must be taken:
5.10 A. at board height, inside the boards, and at the centerline of the ice;
5.11 B. 20 minutes after completing resurfacing unless the commissioner has granted
5.12 the operator approval to measure under an alternative schedule;
5.13 C. at times of maximum use of the resurfacing machine; and
5.14 D. at least once on Saturday or Sunday of each week that the arena is open to
5.15 the public.
5.16 Subp. 4. Measurements for ice edging.
5.17 A. Owners or operators must measure air concentrations at least once per week
5.18 after using an internal combustion engine -powered ice edger. Measurements must be
5.19 taken following a time of maximum ice edger use at board height, inside the boards,
5.20 and at the centerline of the ice:
5.21 (1) 20 minutes after completing edging if the arena building is open to the
5.22 public when edging occurs; or
5.23 (2) before the public reoccupies the arena, if the arena is not open to the public
5.24 when edging occurs.
4620,4510 5 STMA Arena Board Mtg 06/10/13 page 13
03/25/13
REVISOR SGS/AA AR4006
6.1 B. Owners or operators may measure under an alternative schedule if the
6.2 commissioner has approved one.
6.3 Subp. 5. Measurement records. Owners or operators must keep a record of
6.4 measurement findings and make them available to the commissioner upon request.
6.5 Subp. 6. Additional measurements. Owners or operators must make additional
6.6 measurements as determined by the commissioner.
6.7 4620.4550 AIR QUALITY MEASURING DEVICES.
6.8 Subpart 1. Device requirements. The owner or operator must demonstrate that the
6.9 device and methods used to measure air quality conditions are accurate and reliable. Air
6.10 quality measuring devices must be:
6.11 A. capable of measuring carbon monoxide air concentrations in a range from 0
6.12 to 100 parts per million (ppm) in increments of 1 ppm; or
6.13 B. capable of measuring nitrogen dioxide air concentrations in a range from 0 to 5
6.14 parts per million (ppm) in increments of 0.1 ppm.
6.15 Subp. 2. Maintenance. The owner or operator must operate, store, maintain, and
6.16 calibrate the devices according to the device manufacturer's specifications. The owner or
6.17 operator must also keep maintenance and calibration records.
6.18 4620.4600 FAILURE TO MAINTAIN AIR QUALITY.
6.19 Subpart 1. Corrective action necessary. The owner or operator must take immediate
6.20 corrective action when measurements of more than 20 ppm of carbon monoxide or more
6.21 than 0.3 ppm of nitrogen dioxide are made in an area of the arena building that is open to
6.22 the public. Corrective action must include:
6.23 A. increasing the ventilation rate immediately; and
6.24 B. suspending internal combustion -powered equipment use.
4620.4600 6 STMA Arena Board Mtg 06/10/13 page 14
03/25/13 REVISOR SGS/AA AR4006
7.1 The owner or operator must continue corrective action until measurements show not more
7.2 than 20 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide in all
7.3 areas of the arena building that are open to the public.
7.4 Subp. 2. Follow-up testing. The owner or operator must conduct and document the
7.5 following air quality tests to confirm the effectiveness of the corrective action:
7.6 A. at 20-minute intervals until measurements show not more than 20 ppm of carbon
7.7 monoxide and not more than 0.3 ppm of nitrogen dioxide;
7.8 B. 20 minutes after the next five uses of ice maintenance equipment; and
7.9 C. at least once per day for the subsequent three days of arena operation.
7.10 Subp. 3. Report. Whenever corrective action is required under subpart 1, the owner or
7.11 operator must submit a report to the commissioner within five business days that includes:
7.12 A. an explanation of why corrective action was necessary;
7.13 B . a description of the immediate corrective actions that were taken;
7.14 C. a record of all air quality tests required by subpart 2; and
7.15 D. an action plan to prevent a reoccurrence.
7.16 Subp, 4. Arena evacuation necessary.
7.17 A. The owner or operator must evacuate an area of the arena building whenever:
7.18 (1) measured carbon monoxide air concentrations exceed -F6 83 ppm or
7.19 measured nitrogen dioxide air concentrations exceed 2.0 ppm for more than five minutes;
7.20 (2) measured carbon monoxide air concentrations exceed 40 ppm or measured
7.21 nitrogen dioxide air concentrations exceed 0.6 ppm for more than one hour after originally
7.22 measuring unacceptable air quality conditions; or
4620.4600 7 STMA Arena Board Mtg 06/10/13 page 15
03/25/13 REVISOR SGS/AA AR4006
8.1 (3) measured carbon monoxide air concentrations exceed 20 ppm or measured
8.2 nitrogen dioxide air concentrations exceed 0.3 ppm for more than two hours after
8.3 originally measuring unacceptable air quality conditions.
8.4 B. When evacuation becomes necessary, the owner or operator must:
8.5 (1) contact the local fire department as soon as possible to request assistance in
8.6 evacuating the facility and assessing the hazard; and
8.7 (2) contact the Minnesota Department of Health upon completing evacuation.
8.8 C. The evacuated areas may only be reoccupied by the public after an evacuation
8.9 under item A if:
8.10 (1) acceptable air quality conditions are measured;
8.11 (2) corrective measures have been taken to prevent further incidence of
8.12 unacceptable air quality conditions; and
8.13 (3) acceptable air quality conditions and corrective measures are verified by the
8.14 local fire department or the Minnesota Department of Health.
8.15 4620.4650 RECORD KEEPING.
8.16 The owner or operator must keep a record -keeping log to maintain all documentation
8.17 required by parts 4620.3900 to 4620.4600.
8.18 A. Documents that must be maintained in the record -keeping log are:
8.19 (1) training records required by part 4620.4450;
8.20 (2) air quality measurement records required by part 4620.4510, subpart 5;
8.21 (3) air quality measuring device records required by part 4620.4550, subpart 2; and
8.22 (4) corrective action reports required by part 4620.4600, subpart 3.
4620.4650 8 STMA Arena Board Mtg 06/10/13 page 16
03/25/13 REVISOR SGS/AA AR4006
9.1 B. The record -keeping log must be kept in the arena building and be available for
9.2 public and commissioner review during all hours that the arena building is open to the
9.3 public.
9.4 C. Required documents must be retained for at least three years.
9.5 4620.4700 OTHER FUEL -BURNING EQUIPMENT.
9.6 Subpart 1. Notification required. The owner or operator
9.7
9.8 ,
eap
9.9 of pfodueing earben faanaxide or f4trogen dioxide, but that is not, direet4y venfed to thev
9.10 atitdoors, is must notify the commissioner
9.11 when using equipment other than ice maintenance machines for operating or maintaining
9.12 the ice arena, if that equipment is capable of producing carbon monoxide or nitrogen
9.13 dioxide and is not directly vented to the outdoors.
9.14
9.15
9.16
61
9.17 Subp. 2. Notification process. The owner or operator must notify the commissioner by.
9.18 A. providing the department with a list of such equipment that the owner or
9.19 operator proposes to use in its annual certificate application; and
9.20 B. notifying the commissioner by telephone or in writing before using other
9.21 fuel -burning equipment in the arena if the equipment was not included in its annual
9.22 submission to the commissiouer.
9.23 Subp. 3. Air quality measurement. The owner or operator must ensure acceptable
9.24 air quality in the arena building when using other fuel -burning equipment by measuring
4620.4700 9 STMA Arena Board Mtg 06/10/13 page 17
03/25/13
REVISOR SGS/AA AR4006
10.1 the air quality conditions and reporting as the commissioner directs, depending upon the
10.2 specific type of activity to be conducted in the building.
10.3 4620.4800 ENFORCEMENT.
10.4
10.5 , for a violation of this ehaptm Violations of
10.6 the requirements of parts 4620.3900 to 4620.4700 shall constitute grounds for the
10.7 commissioner to take one or more of the enforcement actions in Minnesota Statutes.
10.8 sections .144.989 to 144.993, subject to the notice and appeal provisions set forth in
10.9 applicable law.
ion 4620.4900 VARIANCE TO RULES RELATING TO INDOOR ICE ARENAS.
10.11 The commissioner may shall grant variances to parts 4620.3900 to 4620.4800, except
10.12 part 4620.3950, only according to the procedures and criteria specified in parts 4717.7000
10.13 to 4717.7050.
10.14 4620.5000 PURPOSE.
10.15 The purpose of parts 4620.5000 to 4620.5900 is to protect public health by ensuring
10.16 acceptable air quality in the operation and maintenance of indoor motorsports arenas.
10.17 4620.5100 APPLICATION.
10.18 Parts 4620.5000 to 4620.5900 apply to owners or operators of indoor motorsports arenas.
10.19 4620.5200 ACCEPTABLE AIR QUALITY.
10.20 The owner or operator of'an indoor motorsports arena must maintain acceptable air
10.21 quality conditions at all times in areas of the arena building that are open to the public.
10.22 Such conditions are defined as: one -hour average air concentrations of not more than 30
10.23 parts of carbon monoxide per one million parts of air by volume (30 ppm), and one -hour
10.24 average air concentrations of not more than 0.3 parts of nitrogen dioxide per one million
10.25 parts of air by volume (0.3 ppm).
4620.5200 10 STMA Arena Board Mtg 06/10/13 page 18
03/25/13 REVISOR SGS/AA AR4006
11.1 4620.5300 DEFINITIONS.
11.2 Subpart 1. Scope. For the purposes of parts 4620.5000 to 4620.5900, the following
11.3 terms have the meanings given them.
11A Subp. 2. Air quality measuring device. "Air quality measuring device" means
11.5 direct -read pump and colorimetric tube or electronic real-time gas detection equipment for
11.6 sampling and measuring nitrogen dioxide or carbon monoxide air concentrations.
11.7 Subp. 3. Arena. "Arena" means an indoor motorsports arena.
11.8 Subp. 4. Arena building. "Arena building" means a structure with a roof and walls
11.9 that houses an indoor motorsports arena.
11.10 Subp. 5. Certificate. "Certificate" means a certificate of approval issued by the
11.11 commissioner under parts 4620.5000 to 4620.5900.
11.12 Subp. 6. Commissioner. "Commissioner" means the commissioner of health or the
11.13 commissioner's designee.
11.14 Subp. 7. Event manager. "Event manager" means the person who organizes or directs
11.15 a special indoor motorsports event.
11.16 Subp. 8. Indoor motorsports arena. "Indoor motorsports arena" means a single
11.17 room of a permanent or temporary structure where motorsports are operated having the
lus following characteristics:
11.19 A. the room has a ceiling;
11.20 B. the room is bounded by walls, doorways, or windows, whether open or closed;
11.21 and
11.22 C. the walls, doorways, or windows cover more than 50 percent of the combined
11.23 surface area of the vertical planes that make up the room's perimeter (sides).
4620.5300 11 STMA Arena Board Mtg 06/10/13 page 19
03/25/13 REVISOR SGS/AA AR4006
12.1 Subp. 9. Motorsports vehicle. "Motorsports vehicle" means an internal combustion
12.2 engine -powered vehicle used for recreation, racing, competition, or demonstration.
12.3 Subp. 10. Operating hours. "Operating hours" means the time period that the indoor
12.4 motorsports arena building is open to the public and motorsports vehicles are being
12.5 used in the arena.
12.6 Subp. 11. Operator. "Operator" means the person designated by the owner as
12.7 responsible to operate and maintain the indoor motorsports arena.
12.8 Subp. 12. Owner. "Owner" means the person having legal title to the arena building or
12.9 the owner's legally authorized representative.
12.10 Subp. 13. Person. "Person" means any natural individual, corporation, partnership, or
12.11 other business association and includes the state. and its political subdivisions.
12.12 Subp. 14. Responsible person. "Responsible person" means the individual authorized
12.13 by the operator to ensure acceptable air quality conditions in the arena building.
12.14 Subp. 15. Special indoor motorsports event. "Special indoor motorsports event"
12.15 means a single event where motorsports vehicles are operated in an arena.
12.16 Subp. 16. Spectator. "Spectator" means a member of the public present in the arena
12.17 building who is not a motorsports vehicle driver or rider or an actively working employee.
12.18 ' Subp. 17. Spectator area. "Spectator area" means that part of the indoor motorsports
12.19 arena building where spectators are allowed to assemble.
12.2o 4620.5400 CERTIFICATE OF APPROVAL.
12.21 Subpart 1. Applicability. No person shall own or operate an indoor motorsports arena
12.22 unless the commissioner issues the person a certificate.
12.23 Subp. 2. Certificate application. Applications for a certificate must be submitted on
12:24 forms prescribed by the commissioner. An application must be submitted:
4620.5400 12 STMA Arena Board Mtg 06/10/13 page 20
03/25/13
REVISOR SGS/AA AR4006
13.1 A. annually, by owners or operators of existing indoor motorsports arenas;
13.2 B. at least 30 days before owners or operators open new indoor motorsports arenas
13.3 to the public; and
13.4 C. at least 30 days before the arena owners or operators and the event manager
13.5 begin a special indoor motorsports event.
13.6 Subp. 3. Certificate issuance.
13.7 A. The commissioner must issue a certificate under subpart 2, item A or B, if the
13.8 commissioner determines that the owner or operator has complied with parts 4620.5000 to
13.9 4620.5900 and demonstrated the ability to maintain acceptable air quality conditions in
13.10 the arena building.
13.11 B. The commissioner shall issue a certificate granting approval to hold a special
13.12 indoor motorsports event if the owner or operator meets the requirements of item A and:
13.13 (1) submits a written plan to the commissioner that describes the methods that
13.14 the owner or operator will use to monitor air quality and ensure acceptable air quality
13.15 during the event; and
13.16 (2) the event manager and arena operator agree to the terms of the plan in writing.
13.17 Subp. 4. Certificate expiration and renewal. A certificate issued under this part
13.18 expires one year from the date of issue, except that a certificate for a special indoor
13.19 motorsports event expires as the certificate describes.
13.20 A. Owners or operators shall apply for renewal on forms prescribed by the
13.21 commissioner at least 30 days before a standard certificate expires.
13.22 B. If a certificate expires while a renewal application is pending approval, the
13.23 arena may continue to operate under the expired certificate until the commissioner issues a
13.24 new certificate or denies the renewal application.
4620,5400 13 STMA Arena Board Mtg 06/10/13 page 21
03/25/13
REVISOR SGS/AA AR4006
14.1 Subp. 5. Posting of certificate. The certificate must be prominently displayed in a
14.2 location that is clearly visible to the public.
14.3 4620.5500 TRAINING.
14.4 Subpart 1. Requirements. The owner or operator must ensure that a trained
14.5 responsible person is available in the arena building at all times that the arena is open to
14.6 the public. Training must:
14.7 A. be appropriate for the trainee's level of responsibility in operating the arena;
14.8 B. be performed annually;
14.9 C. include the following topics:
14.10 (1) acceptable air quality conditions;
14.11 (2) methods of maintaining acceptable air quality in the arena;
14.12 (3) proper operation and storage of the arena air quality measuring device;
14.13 (4) proper collection of air samples with the arena air quality measuring device;
14.14 (5) appropriate actions for correcting unacceptable air quality; and
14.15 (6) record -keeping requirements; and
14.16 D. be documented.
14.17 Subp. 2. Documentatiou. Trainees shall acknowledge, with their written signature,
14.18 that they have received training meeting the requirements of this part. The written
14.19 acknowledgment shall be maintained according to part 4620.5800.
14.20 4620.5600 MEASUREMENT OF AIR QUALITY CONDITIONS.
14.21 Subpart 1. Measuring air quality. Owners or operators of indoor motorsports arenas
14.22 must measure carbon monoxide and nitrogen dioxide au concentrations in each indoor
14.23 motorsports arena as directed by the commissioner.
4620.5600 -14 STMA Arena Board Mtg 06/10/13 page 22
03/25/13 REVISOR SGS/AA AR4006
15.1 Subp. 2. Persons who can take measurements. Measurements must be made by an
15.2 individual who has received training as specified in part 4620.5500.
15.3 Subp. I Measurement requirements.
15.4 A. Owners and operators must measure nitrogen dioxide air concentrations as the
15.5 commissioner directs depending on the specific type of activity to be conducted in the arena.
15.6 B. Owners and operators must measure carbon monoxide air concentrations in
15.7 each indoor motorsports arena building as follows:
15.8 (1) Frequency of measurements.
15.9 (a) Certified arenas:
15.10 i. at least two days per week;
15.11 H. at least three hours per week during maximum use of motorsports
15.12 vehicles; and
15.13 iii. as the commissioner deems necessary.
15.14 (b) Special indoor motorsports events:
15.15 i. on each day of motorsport vehicle use;
15.16 1 during all operating hours; and
15.17 iii. as the commissioner deems necessary.
15.18 (2) Location and documentation of measurements.
15.19 (a) If motorsports vehicle riders or drivers are not paid performers,
15.20 measurements must be:
15.21 i. made at a location on the track that represents average carbon
15.22 monoxide concentrations. The owner or operator must identify a location on the track that
15.23 represents average carbon monoxide concentrations; and
4620.5600 15 STMA Arena Board Mtg 06/10/13 page 23
03/25/13
REVISOR SGS/AA AR4006
t6.1 ii. recorded at least every 15 minutes when motorsports vehicles are
16.2 used in the arena.
16.3 (b) if spectators are present during motorsports activities, the operator must
16.4 measure air quality conditions in the spectator area as follows:
16.5 i. at the location of poorest air quality in the spectator area of the arena.
16.6 The owner or operator must identify the location where the general public is exposed to
16.7 the highest carbon monoxide levels; and
16.8 ii. recorded at least once every 15 minutes in the spectator area when
16.9 motorsports vehicles are used in the arena.
16.10 Subp. 4. Measurement records. Owners or operators must keep a record of
16.11 measurement findings and make it available to the commissioner upon request.
16.12 4620.5650 AIR QUALITY MEASURING DEVICES.
16.13 Subpart 1. Device requirements. The owner or operator must demonstrate that the
16.14 devices and methods used to measure air quality conditions are accurate and reliable. Air
16.15 quality measuring devices must be:
16.16 A. capable of measuring carbon monoxide air concentrations in a range from 0 to
16.17 at least 100 parts per million (ppm) in increments of 1 ppm; or
16.18 B. capable of measuring nitrogen dioxide air concentrations in a range from 0 to
16.19 at least 5 ppm in increments of 0.1 ppm.
16.20 Subp. 2. Maintenance. The owner or operator must operate, store, maintain, and
16.21 calibrate the devices according -to the device manufacturer's specifications. The owner or
16.22 operator must also keep maintenance and calibration records.
4620.5650 16 STMA Arena Board Mtg 06/10/13 page 24
03/25/13
REVISOR SGS/AA AR4006
17.1 4620.5700 FAILURE TO MAINTAIN AIR QUALITY.
17.2 Subpart 1. Corrective action necessary. The owner or operator must take immediate
17.3 corrective action when measurements of more than 30 ppm of carbon monoxide or more
17.4 than 0.3 ppm of nitrogen dioxide are made for more than 15 minutes in an area of the
17.5 arena building that is open to the public. Corrective action must include:
17.6 A. increasing the ventilation rate immediately; and
17.7 B. suspending internal combustion -powered equipment use, if carbon monoxide
17.8 measurements remain in excess of 30 ppm or nitrogen dioxide measurements remain in
17.9 excess of 0.3 ppm for more than one hour after an original exceeding measurement.
17.10 The owner or operator must continue corrective action until measurements show not
17.11 more than 30 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide in
17.12 all areas of the arena building that are open to the public.
17.13 Subp. 2. Follow-up testing. The owner or operator must conduct and document the
17.14 following air quality tests to confirm the effectiveness of the corrective actions:
17.15 A. at 15-minute intervals until measurements show not more than 30 ppm of
17.16 carbon monoxide and not more than 0.3 ppm of nitrogen dioxide; and
17.17 B. at 15-minute intervals for at least one hour per day for the subsequent three
17.18 days of arena operation.
17.19 Subp. 3. Report. Whenever the conditions of subpart 1 occur, the owner or operator
17.20 must submit a report to the commissioner within five business days that includes:
17.21 A. an explanation of why corrective action was necessary;
17.22 B. a description of the immediate corrective actions that were taken;
17.23 C. a record of all air quality tests required by subpart 2; and
17.24 D. an action plan to prevent a recurrence.
4620.5700 17 STMA Arena Board Mtg 06/10/13 page 25
03/25/13
REVISOR SGS/AA AR4006
19.1 Subp. 4. Arena evacuation necessary.
18.2 A. The owner or operator must evacuate an area of the arena building whenever:
18.3 (1) measured carbon monoxide air concentrations exceed-95 83 ppm or
19.4 measured nitrogen dioxide concentrations exceed 2.0 ppm for more than 15 minutes; or
19.5 (2) measured carbon monoxide air concentrations exceed 30 ppm or measured
18.6 nitrogen dioxide air concentrations exceed 0.3 ppm for more than two hours after
19.7 originally measuring unacceptable air quality conditions.
1g.g B. When evacuation becomes necessary, the owner or operator must:
18.9 (1) contact the local fire department as soon as possible to request assistance in
lg.lo evacuating the facility and assessing the hazard; and
19.11 (2) contact the Department of Health upon completing the evacuation.
18.12 C. Evacuated areas may only be reoccupied by the public after an evacuation
18.13 under item A if:
18.14 (1) acceptable air quality conditions are measured;
18.15 (2) corrective measures have been taken to prevent further incidence of
18.16 unacceptable air quality conditions; and
18.17 (3) acceptable air quality conditions and corrective measures are verified by the
19.18 local fire department or the Department of Health.
18.1g 4620.5800 RECORD KEEPING.
18.20 The owner or operator must keep a record -keeping log to maintain all documentation
18.21 according to parts 4620.5000 to 4620.5900.
18.22 A. Documents that must be maintained in the record -keeping log are:
18.23 (1) training records required by part 4620.5500;
18.24 (2) air quality measurement records required by part 4620,5600, subpart 4;
4620,5800 18 STMA Arena Board Mtg 06/10/13 page 26
03/25/13
REVISOR SGS/AA AR4006
19.1 (3) air quality measuring device records required by part 4620.5650, subpart 2; and
19.2 (4) corrective action reports required by part 4620.5700, subpart 3.
19.3 B. The record -keeping log must be kept in the arena building and be available for
19.4 public and commissioner review during all hours that the arena building is open to the
19.5 public.
19.6 C. Required documents must be retained for at least three years.
19.7 4620.5900 ENFORCEMENT.
19.8
19.9 Statutes, .
19.10 Violations of the requirements of parts 4620.5000 to 4620.5800 shall constitute grounds
19.11 for the commissioner to take one or more of the enforcement actions in Minnesota
19.12 Statutes, sections 144.989 to 144.993, subject to the notice and appeal provisions set.
19.13 forth in applicable law.
19.14 4620.5950 VARIANCE TO RULES RELATING TO INDOOR MOTORSPORTS
19.15 ARENAS.
19.16 The commissioner may shall grant variances to parts 4620.5000 to 4620.5900, except
19.17 part 4620.5200, only according to the procedures and criteria specified in parts 4717.7000
19.18 to 4717.7050.
19.19 REPEALER. Minnesota Rules, parts 4620,4000, subparts 2, 5, 6, and 7; 4620.4200;
19.2o 4620.4300; 4620.4400; and 4620.4500, are repealed.
4620.5950 19 STMA Arena Board Mtg 06/10/13 page 27
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