Bill Text: NY S06600 | 2019-2020 | General Assembly | Introduced

Bill Title: Establishes requirements for trampoline parks including requirements regarding registration, compliance with industry standards, employee training, inspection, and insurance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-20 - SUBSTITUTED BY A7250B [S06600 Detail]

Download: New_York-2019-S06600-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 18, 2019

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the general business law, in relation to trampoline park

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new article
     2  12-C to read as follows:
     3                                ARTICLE 12-C
     4                           TRAMPOLINE PARK SAFETY
     5  Section 220.   Definitions.
     6          221.   Business permits.
     7          221-a. Exemptions.
     8          222.   Permit suspension or revocation.
     9          223.   Compliance with industry standards.
    10          224.   Trampoline  park  employee training, equipment and super-
    11                   vision.
    12          225.   Reporting of injuries; emergency response plan.
    13          226.   Annual registration to the department.
    14          227.   Inspection.
    15          228.   Insurance.
    16          228-a. Required posting of safety guidelines.
    17          228-b. Actions relating to trampoline parks.
    18    § 220. Definitions. As used in this article, the following  words  and
    19  phrases shall have the following meanings:
    20    1. "commercial trampoline" shall mean a device that:
    21    (a) incorporates a trampoline bed; and
    22    (b) is used for recreational jumping, springing, bouncing, acrobatics,
    23  or gymnastics in a trampoline park.
    24    2. "department" shall mean the department of state.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6600                             2

     1    3.  "emergency  response plan" shall mean a written plan of action for
     2  the reasonable and appropriate contact, deployment, and coordination  of
     3  services,  agencies,  and  personnel  to  provide  the earliest possible
     4  response to an injury or emergency as approved by the department.
     5    4. "inspection" shall mean a procedure that an inspector conducts to:
     6    (a) determine whether a trampoline park facility, including any device
     7  or material, is constructed, assembled, maintained, tested, and operated
     8  in accordance with this article and the manufacturer's recommendations;
     9    (b)  determine  the  operational safety of a trampoline park facility,
    10  including any device or material;
    11    (c) determine whether the trampoline park complies with safety  stand-
    12  ards and protocols as determined by the department; and
    13    (d)  determine whether the trampoline park's policies, safeguards, and
    14  procedures comply with this article.
    15    5. "inspector" shall mean an individual who:
    16    (a) conducts an inspection of a trampoline park to certify  compliance
    17  with  this  article  and  industry  safety  standards as approved by the
    18  department; and
    19    (b) (i) is certified by:
    20    (A) an organization, approved by the  department,  that  develops  and
    21  publishes  consensus  standards for a wide range of materials, products,
    22  systems, and services that are used for trampolines; or
    23    (B) an organization, approved by the department, that promotes trampo-
    24  line park safety and adopts the standards approved by the department;
    25    (ii) represents the insurer of the trampoline park and is approved  by
    26  the department;
    27    (iii) represents or is certified by the department that:
    28    (A) inspects amusement and recreational facilities and equipment; and
    29    (B)  certifies  and  trains  professional  private industry inspectors
    30  through written testing and continuing education requirements; or
    31    (iv) represents an organization that the United States Olympic Commit-
    32  tee designates as the national governing  body  for  gymnastics  and  is
    33  approved by the department.
    34    6.  "operator" shall mean a person who manages, or controls or who has
    35  the duty to manage or control the operation of a trampoline park.
    36    7. "owner" shall mean a person, corporation,  partnership  or  associ-
    37  ation who owns a commercial trampoline park.
    38    8.  "participant"  shall  mean an individual that uses trampoline park
    39  equipment.
    40    9. "trampoline bed" shall mean the flexible surface of a trampoline on
    41  which a user jumps or bounces.
    42    10. "trampoline court"  shall  mean  an  area  of  a  trampoline  park
    43  comprising:
    44    (a) multiple commercial trampolines; or
    45    (b)  at  least  one  commercial trampoline and at least one associated
    46  foam or inflatable bag pit.
    47    11. "trampoline park" shall mean a place of business that  offers  the
    48  recreational use of a trampoline court for a fee or charge for admission
    49  to the trampoline park.
    50    §  221.  Business permits. No trampoline park may operate in the state
    51  without a permit issued by the department except as provided in  section
    52  two hundred twenty-one-a of this article. Such permits are not transfer-
    53  able  and if any permit holder voluntarily discontinues operation of the
    54  trampoline park, then all rights secured under  the  permit  are  termi-
    55  nated.

        S. 6600                             3

     1    1. Before commencement of the operation of a trampoline park the owner
     2  shall  make  an  application  to the department for a permit to operate,
     3  which shall be accompanied by an annual nonrefundable fee of two hundred
     4  dollars. The permit shall be valid for a period of one year.
     5    2.  A  permit  to operate shall be issued to the owner of a trampoline
     6  park when:
     7    (a) a completed application has been made to the department;
     8    (b) the trampoline park has passed all required inspections; and
     9    (c) the liability insurance or bond required by  section  two  hundred
    10  twenty-eight of this article has been met in the amount prescribed.
    11    3.  The department may revoke any permit issued pursuant to this arti-
    12  cle if it is determined that a trampoline park is:
    13    (a) being used or operated without the inspections  required  by  this
    14  article;
    15    (b)  being used or operated without the insurance or other security of
    16  this article; or
    17    (c) being used or operated in a manner not recommended by the manufac-
    18  turer, or out of compliance with  department  approved  trampoline  park
    19  policies, safeguards and procedures which presents risk of serious inju-
    20  ry to participants or members of the public.
    21    4.  The  department  shall  maintain  an on-line statewide registry of
    22  permitted trampoline parks and a record of safety violations.
    23    § 221-a. Exemptions. This article shall not apply to:
    24    1. a playground that a school or local government operates, if:
    25    (a) the playground is an incidental amenity; and
    26    (b) the operating entity does not primarily derive revenue from  oper-
    27  ating the playground for a fee;
    28    2. a gymnastics, dance, cheer, or tumbling facility where:
    29    (a)  the majority of activities are based in training or rehearsal and
    30  not recreation;
    31    (b) the facility derives at least eighty percent of  revenues  through
    32  supervised instruction or classes; and
    33    (c)  the  student-coach  or  student-instructor ratio is based on age,
    34  skill level, and number of students as determined by the department; or
    35    3. equipment used exclusively for exercise, an inflatable ride, or  an
    36  inflatable bounce house.
    37    §  222. Permit suspension or revocation. 1. Except as provided in this
    38  section, a violation of this article is grounds for  the  department  to
    39  suspend or revoke the owner's business permit.
    40    2. The department may not suspend or revoke a permit under subdivision
    41  one of this section unless:
    42    (a)  the department provides the operator with at least thirty days to
    43  cure the violation that is the grounds for the action in accordance with
    44  the policy described in subdivision three of this section; or
    45    (b) regardless of the operator curing  a  violation  as  described  in
    46  paragraph (a) of this subdivision, the violation repeats.
    47    3.  The  department  shall  define  the reasonable opportunity to cure
    48  violations described in paragraph (a) of subdivision two of this section
    49  by creating a generally applicable policy  that  identifies  a  standard
    50  timeline and process for curing a violation.
    51    §  223.  Compliance  with  industry standards. A trampoline park owner
    52  shall:
    53    1. ensure that the trampoline park complies with  departmental  stand-
    54  ards developed in conjunction with industry safety organizations regard-
    55  ing:

        S. 6600                             4

     1    (a)  signage  and  notification for proper use of the trampoline park,
     2  safety procedures, and education of risk as provided for in section  two
     3  hundred twenty-eight-a of this article;
     4    (b)  equipment and facilities, including materials, layout, condition,
     5  and maintenance;
     6    (c)  staff  training,  including  safety  procedures   and   emergency
     7  response;
     8    (d) participant activities and behaviors that should be restricted;
     9    (e)  separation  of  participants  within the trampoline park based on
    10  age, size, or other necessary factors;
    11    (f) operational issues, including  maintenance  and  injury  logs  and
    12  emergency response plans;
    13    (g) staff supervision and monitoring of activities;
    14    (h)  statistical  tracking  of  injuries  in  a  manner  that does not
    15  personally identify the injured participant; and
    16    (i) appropriate insurance coverage; and
    17    2. notify the department within forty-eight hours of  any  changes  in
    18  status to any requirement under this section.
    19    §  224.  Trampoline park employee training, equipment and supervision.
    20  An owner and/or operator shall:
    21    1. ensure that during all hours of operation the trampoline  park  has
    22  an operable automated external defibrillator;
    23    2. ensure that all employees are certified in first aid and CPR;
    24    3.  ensure  that  all participants are instructed by an employee about
    25  the potential risks and safety guidelines;
    26    4. require that trampoline park employees monitor the trampoline court
    27  and participants during all hours of operation;
    28    5. ensure that the number of trampoline park  employees  described  in
    29  subdivision  four  of  this section is adequate to view each area of the
    30  trampoline court; and
    31    6. prominently display throughout the trampoline park contrasted safe-
    32  ty, warning, advisory, and instructional signage reflecting the  trampo-
    33  line  park's rules as provided for in section two hundred twenty-eight-a
    34  of this article.
    35    § 225. Reporting of injuries; emergency response  plan.  1.  An  owner
    36  and/or  operator shall develop, implement, and follow an in-house injury
    37  reporting and emergency response plan  for  injuries  to  employees  and
    38  participants.
    39    2.  The  owner and/or operator shall retain any records related to the
    40  injury reporting system and emergency response plan described in  subdi-
    41  vision one of this section.
    42    3. The owner and/or operator shall make available to the department of
    43  health or the local health department, upon request:
    44    (a) the information contained in the injury reporting system described
    45  in subdivision one of this section; and
    46    (b) the records described in subdivision two of this section.
    47    §  226. Annual registration to the department. A trampoline park owner
    48  shall provide the following information for annual certification at  the
    49  time  such owner applies to the department to renew a business permit to
    50  operate a trampoline park:
    51    1. an inspection certificate described in this article; and
    52    2. the certification of insurance described  in  section  two  hundred
    53  twenty-eight of this article.
    54    § 227. Inspection. A trampoline park owner and/or operator shall:

        S. 6600                             5

     1    1.  ensure  that an inspector conducts an inspection of the facilities
     2  and records of the trampoline park at least once per  calendar  year  to
     3  certify compliance with:
     4    (a)  industry  safety  standards, including each category of standards
     5  described in this article; and
     6    (b) safety standards described in this article;
     7    (c) proof that the trampoline court is maintained in good repair;
     8    (d) an emergency response plan is in place and up-to-date;
     9    (e) maintenance, inspection, staff  member  training,  and  up-to-date
    10  injury logs; and
    11    (f) an up-to-date insurance policy is in place; and
    12    2.  obtain  from  the  inspector  a  written  report  documenting  the
    13  inspection and a certificate certifying that:
    14    (a)  the  trampoline  park  has  successfully  passed  the  inspection
    15  described in this section; and
    16    (b) the trampoline park is in full compliance with this article.
    17    §  228.  Insurance.    Before the department may issue a permit to the
    18  owner of a trampoline park, the owner and/or the trampoline  park  shall
    19  furnish the department with proof that they have purchased insurance.  A
    20  trampoline park owner shall:
    21    1.  maintain  insurance  providing  liability coverage of at least one
    22  million dollars in the aggregate and five hundred thousand  dollars  per
    23  incident to cover injuries to participants arising out of any negligence
    24  or  misconduct  by  the  trampoline park owner, operator or staff in the
    25  construction, maintenance, or operation of the trampoline park;
    26    2. maintain a certificate of insurance demonstrating  compliance  with
    27  this section; and
    28    3.  notify  the  the department within twenty-four hours of the lapse,
    29  expiration, or cancellation of the insurance  described  in  subdivision
    30  one of this section.
    31    §  228-a.  Required  posting of safety guidelines. 1. The owner and/or
    32  operator of a trampoline park shall conspicuously post a sign containing
    33  safety and instructional rules and guidelines to be followed by  partic-
    34  ipants  while  at  the trampoline park or using a commercial trampoline.
    35  Such sign shall include appropriate behavior and activities at the tram-
    36  poline park to minimize potential risks to participants.
    37    2. Such signs shall be approved by the department and shall  conspicu-
    38  ously be displayed near all entrances.
    39    3.  Such signs shall contain warnings that there are inherent risks in
    40  the participation in or on the commercial trampoline, since it is recog-
    41  nized that participation in  or  on  the  trampoline  may  be  hazardous
    42  regardless of all feasible safety measures that can be undertaken by the
    43  device  owner  and/or operator; and that there is a duty for the partic-
    44  ipants, or parent or guardian in the case of a minor, to become apprised
    45  of the warnings and the risks inherent  in  participation  in  or  on  a
    46  commercial trampoline if the warnings are not obeyed.
    47    4.  Prior  to  participating  in  or  on  such commercial trampolines,
    48  participants and parents or guardians in the  case  of  a  minor,  shall
    49  familiarize  themselves with the posted safety warnings so that they may
    50  make an informed decision of whether to participate in or on the trampo-
    51  line notwithstanding the risks.
    52    § 228-b. Actions relating to trampoline parks. 1. In any  contract  or
    53  agreement  between  the  operator  or  owner  of a trampoline park and a
    54  participant, or parent or guardian in the case of a minor,  any  portion
    55  of  the contract or any clause which purports to designate, restrict, or

        S. 6600                             6

     1  limit the venue in which a claim  shall  be  adjudicated  or  arbitrated
     2  shall be deemed void as against public policy.
     3    2.  Nothing  in this section shall be deemed to affect the validity of
     4  any other aspect of a contract.
     5    § 2. This act shall take effect on the one hundred twentieth day after
     6  it shall have become a law.  Effective immediately, the addition, amend-
     7  ment and/or repeal of any rule or regulation necessary for the implemen-
     8  tation of this act on its effective date are directed  to  be  made  and
     9  completed on or before such effective date.