Bill Text: NY S06947 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for safety standards and inspections for trampoline parks.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2020-04-17 - SIGNED CHAP.49 [S06947 Detail]

Download: New_York-2019-S06947-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6947

                               2019-2020 Regular Sessions

                    IN SENATE

                                     January 6, 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
          safety

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

     1    Section  1.  Article  12-C  of the general business law, as added by a
     2  chapter of the laws of 2019, amending the general business law  relating
     3  to  trampoline  park safety, as proposed in legislative bills numbers S.
     4  6600 and A. 7250-B, is amended to read as follows:
     5                                ARTICLE 12-C
     6                           TRAMPOLINE PARK SAFETY
     7  Section 220.   Definitions.
     8          221.   [Business permits.
     9          221-a.] Exemptions.
    10          222.   [Permit suspension or revocation.
    11          223.]   Compliance with industry standards.
    12          [224] 223.   Trampoline park employee  training,  equipment  and
    13                   supervision.
    14          [225.   Reporting of injuries] 224. Availability of information;
    15                   emergency response plan.
    16          [226.   Annual registration to the department.
    17          227] 225.   Inspection.
    18          [228] 226.   Insurance.
    19          [228-a] 227. Required posting of safety guidelines.
    20          [228-b] 228. Actions relating to trampoline parks.
    21    §  220.  Definitions. As used in this article, the following words and
    22  phrases shall have the following meanings:
    23    1. "commercial trampoline" shall mean a device that:
    24    (a) incorporates a trampoline bed; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11073-06-9
        S. 6947                             2

     1    (b) is used for  entertainment  or  recreational  jumping,  springing,
     2  bouncing, acrobatics, or gymnastics in a trampoline park.
     3    2. ["department" shall mean the department of state.
     4    3.]  "emergency response plan" shall mean a written plan of action for
     5  the reasonable and appropriate contact, deployment, and coordination  of
     6  services,  agencies,  and  personnel  to  provide  the earliest possible
     7  response to an injury or emergency [as approved by the department].
     8    [4] 3. "inspection" shall mean a procedure that an inspector  conducts
     9  to:
    10    (a) determine whether a trampoline park facility, including any device
    11  or material, is constructed, assembled, maintained, tested, and operated
    12  in accordance with this article and the manufacturer's recommendations;
    13    (b)  determine  the  operational safety of a trampoline park facility,
    14  including any device or material;
    15    (c) determine whether the trampoline park complies with safety  stand-
    16  ards [and protocols as determined by the department]; and
    17    (d)  determine whether the trampoline park's policies, safeguards, and
    18  procedures comply with this article.
    19    [5] 4. "inspector" shall mean an individual who:
    20    (a) conducts an inspection of a trampoline park to certify  compliance
    21  with  this  article  and  industry  safety standards [as approved by the
    22  department]; and
    23    (b) (i) is certified by:
    24    (A) [an]  a  nationally  accredited  organization[,  approved  by  the
    25  department,]  that develops and publishes consensus standards for a wide
    26  range of materials, products, systems, and services that  are  used  for
    27  trampolines; or
    28    (B)  [an]  a  nationally  accredited  organization[,  approved  by the
    29  department,] that promotes trampoline park safety [and adopts the stand-
    30  ards approved by the department];
    31    (ii) represents the insurer of the trampoline park [and is approved by
    32  the department];
    33    (iii) represents [or is certified  by  the  department]  a  nationally
    34  accredited organization that:
    35    (A) inspects amusement and recreational facilities and equipment; and
    36    (B)  certifies  and  trains  professional  private industry inspectors
    37  through written testing and continuing education requirements; or
    38    (iv) represents an organization that the United States Olympic Commit-
    39  tee designates as the national governing body  for  gymnastics  [and  is
    40  approved by the department].
    41    [6]  5. "operator" shall mean a person who manages, or controls or who
    42  has the duty to manage or control the operation of a trampoline park.
    43    [7] 6. "owner" shall mean a person, corporation, partnership,  limited
    44  liability company, or association who owns a commercial trampoline park.
    45    [8]  7.  "participant"  shall  mean an individual that uses trampoline
    46  park equipment.
    47    [9] 8. "trampoline bed" shall mean the flexible surface of  a  trampo-
    48  line on which a user jumps or bounces.
    49    [10]  9.  "trampoline  court"  shall mean an area of a trampoline park
    50  comprising:
    51    (a) multiple commercial trampolines; or
    52    (b) at least one commercial trampoline and  at  least  one  associated
    53  foam or inflatable bag pit.
    54    [11]  10. "trampoline park" shall mean a place of business that offers
    55  the recreational use of a trampoline court  for  a  fee  or  charge  for
        S. 6947                             3

     1  admission  to  the  trampoline  park  for  entertainment or recreational
     2  purposes.
     3    §  221. [Business permits. No trampoline park may operate in the state
     4  without a permit issued by the department except as provided in  section
     5  two hundred twenty-one-a of this article. Such permits are not transfer-
     6  able  and if any permit holder voluntarily discontinues operation of the
     7  trampoline park, then all rights secured under  the  permit  are  termi-
     8  nated.
     9    1. Before commencement of the operation of a trampoline park the owner
    10  shall  make  an  application  to the department for a permit to operate,
    11  which shall be accompanied by an annual nonrefundable fee of two hundred
    12  dollars. The permit shall be valid for a period of one year.
    13    2. A permit to operate shall be issued to the owner  of  a  trampoline
    14  park when:
    15    (a) a completed application has been made to the department;
    16    (b) the trampoline park has passed all required inspections; and
    17    (c)  the  liability  insurance or bond required by section two hundred
    18  twenty-eight of this article has been met in the amount prescribed.
    19    3. The department may revoke any permit issued pursuant to this  arti-
    20  cle if it is determined that a trampoline park is:
    21    (a)  being  used  or operated without the inspections required by this
    22  article;
    23    (b) being used or operated without the insurance or other security  of
    24  this article; or
    25    (c) being used or operated in a manner not recommended by the manufac-
    26  turer,  or  out  of  compliance with department approved trampoline park
    27  policies, safeguards and procedures which presents risk of serious inju-
    28  ry to participants or members of the public.
    29    4. The department shall maintain  an  on-line  statewide  registry  of
    30  permitted trampoline parks and a record of safety violations.
    31    § 221-a.] Exemptions. This article shall not apply to:
    32    1. a playground that a school or local government operates, if:
    33    (a) the playground is an incidental amenity; and
    34    (b)  the operating entity does not primarily derive revenue from oper-
    35  ating the playground for a fee;
    36    2. a gymnastics, dance, cheer, or tumbling facility where:
    37    (a) the majority of activities are based in training or rehearsal  and
    38  not recreation; and
    39    (b)  the facility derives [at least eighty percent of] revenues prima-
    40  rily through supervised instruction or classes; [and
    41    (c) the student-coach or student-instructor ratio  is  based  on  age,
    42  skill level, and number of students as determined by the department;] or
    43    3.  equipment used exclusively for exercise, an inflatable ride, or an
    44  inflatable bounce house.
    45    § 222. [Permit suspension or revocation. 1. Except as provided in this
    46  section, a violation of this article is grounds for  the  department  to
    47  suspend or revoke the owner's business permit.
    48    2. The department may not suspend or revoke a permit under subdivision
    49  one of this section unless:
    50    (a)  the department provides the operator with at least thirty days to
    51  cure the violation that is the grounds for the action in accordance with
    52  the policy described in subdivision three of this section; or
    53    (b) regardless of the operator curing  a  violation  as  described  in
    54  paragraph (a) of this subdivision, the violation repeats.
    55    3.  The  department  shall  define  the reasonable opportunity to cure
    56  violations described in paragraph (a) of subdivision two of this section
        S. 6947                             4

     1  by creating a generally applicable policy  that  identifies  a  standard
     2  timeline and process for curing a violation.
     3    §  223.]  Compliance  with industry standards. A trampoline park owner
     4  shall[:
     5    1.] ensure that the trampoline park complies with [departmental] stan-
     6  dards  developed  in  conjunction  with  industry  safety  organizations
     7  regarding:
     8    [(a)]  1.  signage  and  notification for proper use of the trampoline
     9  park, safety procedures, and  education  of  risk  as  provided  for  in
    10  section two hundred [twenty-eight-a] twenty-seven of this article;
    11    [(b)] 2. equipment and facilities, including materials, layout, condi-
    12  tion, and maintenance;
    13    [(c)]  3.  staff  training,  including safety procedures and emergency
    14  response;
    15    [(d)]  4.  participant  activities  and  behaviors  that   should   be
    16  restricted;
    17    [(e)]  5.  separation of participants within the trampoline park based
    18  on age, size, or other necessary factors;
    19    [(f)] 6. operational issues, including maintenance and injury logs and
    20  emergency response plans;
    21    [(g)] 7. staff supervision and monitoring of activities;
    22    [(h)] 8. statistical tracking of injuries in a manner  that  does  not
    23  personally identify the injured participant; and
    24    [(i)] 9. appropriate insurance coverage[; and
    25    2.  notify  the  department within forty-eight hours of any changes in
    26  status to any requirement under this section].
    27    § [224] 223. Trampoline park employee training, equipment  and  super-
    28  vision. An owner and/or operator shall:
    29    1.  ensure  that during all hours of operation the trampoline park has
    30  an operable automated external defibrillator;
    31    2. ensure that all employees are certified in first aid and CPR;
    32    3. ensure that all participants are instructed by  an  employee  about
    33  the potential risks and safety guidelines;
    34    4. require that trampoline park employees monitor the trampoline court
    35  and participants during all hours of operation;
    36    5.  ensure  that  the number of trampoline park employees described in
    37  subdivision four of this section is adequate to view each  area  of  the
    38  trampoline court; and
    39    6. prominently display throughout the trampoline park contrasted safe-
    40  ty,  warning, advisory, and instructional signage reflecting the trampo-
    41  line  park's  rules   as   provided   for   in   section   two   hundred
    42  [twenty-eight-a] twenty-seven of this article.
    43    § [225. Reporting of injuries] 224. Availability of information; emer-
    44  gency  response  plan. 1. An owner and/or operator shall develop, imple-
    45  ment, and follow an in-house injury  reporting  and  emergency  response
    46  plan for injuries to employees and participants.
    47    2.  The owner and/or operator shall retain any records for a period of
    48  at least two years related to the injury reporting system and  emergency
    49  response plan described in subdivision one of this section.
    50    3. The owner and/or operator shall make available to the department of
    51  health or the local health department, upon request:
    52    (a) the information contained in the injury reporting system described
    53  in subdivision one of this section; and
    54    (b) the records described in subdivision two of this section.
    55    [§ 226. Annual registration to the department. A trampoline park owner
    56  shall  provide the following information for annual certification at the
        S. 6947                             5

     1  time such owner applies to the department to renew a business permit  to
     2  operate a trampoline park:
     3    1. an inspection certificate described in this article; and
     4    2.  the  certification  of  insurance described in section two hundred
     5  twenty-eight of this article.
     6    § 227] § 225. Inspection.   A trampoline park  owner  and/or  operator
     7  shall:
     8    1.  ensure  that an inspector conducts an inspection of the facilities
     9  and records of the trampoline park at least once per  calendar  year  to
    10  certify compliance with:
    11    (a)  industry  safety  standards, including each category of standards
    12  described in this article; and
    13    (b) safety standards described in this article;
    14    (c) proof that the trampoline court is maintained in good repair;
    15    (d) an emergency response plan is in place and up-to-date;
    16    (e) maintenance, inspection, staff  member  training,  and  up-to-date
    17  injury logs; and
    18    (f) an up-to-date insurance policy is in place; and
    19    2.  obtain  from  the  inspector  a  written  report  documenting  the
    20  inspection and a certificate certifying that:
    21    (a)  the  trampoline  park  has  successfully  passed  the  inspection
    22  described in this section; and
    23    (b) the trampoline park is in full compliance with this article.
    24    §  [228] 226. Insurance.  [Before the department may issue a permit to
    25  the owner of a trampoline park, the owner  and/or  the  trampoline  park
    26  shall  furnish the department with proof that they have purchased insur-
    27  ance.] A trampoline park owner shall:
    28    1. maintain insurance providing liability coverage  of  at  least  one
    29  million  dollars  in the aggregate and five hundred thousand dollars per
    30  incident to cover injuries to participants arising out of any negligence
    31  or misconduct by the trampoline park owner, operator  or  staff  in  the
    32  construction, maintenance, or operation of the trampoline park; and
    33    2.  maintain  a certificate of insurance demonstrating compliance with
    34  this section[; and
    35    3. notify the the department within twenty-four hours  of  the  lapse,
    36  expiration,  or  cancellation  of the insurance described in subdivision
    37  one of this section].
    38    § [228-a] 227. Required posting of safety  guidelines.  1.  The  owner
    39  and/or  operator  of  a  trampoline park shall conspicuously post a sign
    40  containing safety and instructional rules and guidelines to be  followed
    41  by participants while at the trampoline park or using a commercial tram-
    42  poline.  Such  sign shall include appropriate behavior and activities at
    43  the trampoline park to minimize potential risks to participants.
    44    2. Such signs shall be [approved by the department and shall] conspic-
    45  uously [be] displayed near all entrances.
    46    3. Such signs shall contain warnings that there are inherent risks  in
    47  the participation in or on the commercial trampoline, since it is recog-
    48  nized  that  participation  in  or  on  the  trampoline may be hazardous
    49  regardless of all feasible safety measures that can be undertaken by the
    50  device owner and/or operator; and that there is a duty for  the  partic-
    51  ipants, or parent or guardian in the case of a minor, to become apprised
    52  of  the  warnings  and  the  risks  inherent in participation in or on a
    53  commercial trampoline if the warnings are not obeyed.
    54    4. Prior to  participating  in  or  on  such  commercial  trampolines,
    55  participants  and  parents  or  guardians  in the case of a minor, shall
    56  familiarize themselves with the posted safety warnings so that they  may
        S. 6947                             6

     1  make an informed decision of whether to participate in or on the trampo-
     2  line notwithstanding the risks.
     3    §  [228-b]  228.  Actions  relating  to  trampoline  parks.  1. In any
     4  contract or agreement between the operator or owner of a trampoline park
     5  and a participant, or parent or guardian in the case  of  a  minor,  any
     6  portion  of  the  contract  or  any  clause which purports to designate,
     7  restrict, or limit the venue in which a claim shall  be  adjudicated  or
     8  arbitrated shall be deemed void as against public policy.
     9    2.  Nothing  in this section shall be deemed to affect the validity of
    10  any other aspect of a contract.
    11    § 2. This act shall take effect on the  same  date  and  in  the  same
    12  manner  as  a chapter of the laws of 2019, amending the general business
    13  law relating to trampoline park safety, as proposed in legislative bills
    14  numbers S. 6600 and A. 7250-B, takes effect.