Bill Text: NY S07471 | 2009-2010 | General Assembly | Amended
Bill Title: Rel S399-dd to be S399-ff, amd S399-ff, Gen Bus L Authorizes the enactment of local laws regarding playground equipment and requires the use of a temperature test on playground equipment installed by municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-16 - AMENDED ON THIRD READING 7471C [S07471 Detail]
Download: New_York-2009-S07471-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7471--C Cal. No. 952 I N S E N A T E April 14, 2010 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law, in relation to authorizing the enactment of local laws regarding playground equipment and requiring the use of a temperature test on playground equipment installed by municipalities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "playground 2 equipment safety act". 3 S 2. Section 399-dd of the general business law, as added by chapter 4 519 of the laws of 2006, is relettered section 399-ff and amended to 5 read as follows: 6 S 399-ff. Construction or installation of playground or playground 7 equipment. 1. Definitions relative to playground safety. For the 8 purposes of this section[, the term]: 9 (A) "playground" means an improved area designed, equipped, and set 10 aside for play of six or more children which is not intended for use as 11 an athletic playing field or athletic court, and shall include any play 12 equipment, surfacing, fencing, signs, internal pathways, internal land 13 forms, vegetation, and related structures[.]; AND 14 (B) "MUNICIPALITY" MEANS A CITY, VILLAGE, COUNTY OR TOWN; AND 15 (C) "TEMPERATURE TESTING" MEANS THE MEASUREMENT OF THE TEMPERATURE OF 16 PLAYGROUND EQUIPMENT, MATERIAL OR SURFACE, INCLUDING SAFETY SURFACING, 17 THAT MAY COME INTO CONTACT WITH THE SKIN OF A USER IN THE NORMAL COURSE 18 OF USE OF A PLAYGROUND PURSUANT TO A METHOD DEVELOPED BY THE CONSUMER 19 PROTECTION BOARD, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14584-09-0 S. 7471--C 2 1 2. The consumer protection board, in consultation with the office of 2 parks, recreation and historic preservation, shall promulgate rules and 3 regulations for the design, installation, inspection and maintenance of 4 playgrounds and playground equipment. Those regulations shall substan- 5 tially comply with the guidelines and criteria which are contained in 6 the handbook for public playground safety produced by the United States 7 consumer products safety commission or any successor. The rules and 8 regulations shall include special provisions for playgrounds appropriate 9 for children within the range of ages in day care settings. 10 3. (a) No person, firm, corporation, or other legal entity which 11 constructs, assembles or installs a playground or playground equipment 12 shall construct, assemble, or install in this state such playground or 13 playground equipment unless such playground or playground equipment 14 shall conform to the requirements of those rules and regulations promul- 15 gated pursuant to this section. 16 (b) Playgrounds or playground equipment constructed upon one, two and 17 three-family residential real property are exempt from the requirements 18 of this section. 19 4. THE CONSUMER PROTECTION BOARD, IN CONSULTATION WITH THE DEPARTMENT 20 OF HEALTH, SHALL: 21 (A) DEVELOP A METHOD FOR THE TEMPERATURE TESTING OF PLAYGROUND EQUIP- 22 MENT, MATERIALS AND SURFACES, INCLUDING SAFETY SURFACING, AND SHALL 23 PROMULGATE RULES AND REGULATIONS RELATING TO SUCH TESTING. SUCH METHOD 24 SHALL INCORPORATE RELEVANT VARIABLES AND FACTORS, INCLUDING, BUT NOT 25 LIMITED TO, THE AVERAGE AIR TEMPERATURE DURING THE MONTHS OF MAY, JUNE, 26 JULY, AUGUST AND SEPTEMBER, THE AVERAGE AMOUNT AND INTENSITY OF SUNLIGHT 27 THAT MAY AFFECT THE TEMPERATURE OF PLAYGROUND EQUIPMENT, MATERIALS AND 28 SURFACES, INCLUDING SAFETY SURFACING, AND VARIATIONS IN TEMPERATURE AND 29 SUNLIGHT EXPOSURE AT DIFFERENT TIMES OF THE DAY; AND 30 (B) ESTABLISH A MAXIMUM POTENTIAL TEMPERATURE STANDARD FOR PLAYGROUND 31 EQUIPMENT, MATERIALS AND SURFACES, INCLUDING SAFETY SURFACING, THAT 32 SHALL REPRESENT THE TEMPERATURE AT WHICH SUCH EQUIPMENT, MATERIALS AND 33 SURFACES MAY POSE A RISK OF BURNING THE EXPOSED SKIN OF A USER IN THE 34 NORMAL COURSE OF USE OF A PLAYGROUND. 35 5. ANY MUNICIPALITY THAT CONSTRUCTS, INSTALLS OR MAINTAINS PLAYGROUNDS 36 OR PLAYGROUND EQUIPMENT, SHALL PROMULGATE RULES AND REGULATIONS FOR THE 37 DESIGN, INSTALLATION, INSPECTION AND MAINTENANCE OF PLAYGROUNDS MAIN- 38 TAINED BY SUCH MUNICIPALITY. PROVIDED, HOWEVER, THAT THIS SUBDIVISION 39 SHALL NOT APPLY TO PLAYGROUND EQUIPMENT INSTALLED ON OR BEFORE THE 40 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TEN WHICH 41 ADDED THIS SUBDIVISION IN MUNICIPALITIES OTHER THAN A CITY HAVING A 42 POPULATION OF ONE MILLION OR MORE. SUCH RULES AND REGULATIONS SHALL 43 INCLUDE PROVISIONS THAT: 44 (A) REQUIRE, AS PART OF THE DESIGN OF ANY NEW PLAYGROUND, AND PRIOR TO 45 THE INSTALLATION OF ANY NEW PLAYGROUND EQUIPMENT, MATERIALS OR SURFACES, 46 INCLUDING SAFETY SURFACING, THE PERFORMANCE OF AN ANALYSIS OF THE POTEN- 47 TIAL FOR SUCH PLAYGROUND EQUIPMENT, MATERIALS OR SURFACES TO EXCEED THE 48 MAXIMUM POTENTIAL TEMPERATURE STANDARD PROMULGATED BY THE CONSUMER 49 PROTECTION BOARD; 50 (B) REQUIRE, AS PART OF SUCH MUNICIPALITY'S PLAYGROUND INSPECTION AND 51 MAINTENANCE PROCEDURES, THE PERFORMANCE OF TEMPERATURE TESTING FOR 52 EQUIPMENT, MATERIALS AND SURFACES INSTALLED IN PLAYGROUNDS, INCLUDING 53 SAFETY SURFACING. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE 54 INHABITANTS, THE LOCAL DEPARTMENT OF PARKS AND RECREATION SHALL COMMENCE 55 TEMPERATURE TESTING PURSUANT TO THIS SECTION NO LATER THAN MAY FIRST, 56 TWO THOUSAND ELEVEN PURSUANT TO THE METHOD OF TEMPERATURE TESTING S. 7471--C 3 1 ADOPTED BY THE CONSUMER PROTECTION BOARD. IN A MUNICIPALITY HAVING A 2 POPULATION OF LESS THAN ONE MILLION INHABITANTS, SUCH MUNICIPALITY SHALL 3 COMMENCE TEMPERATURE TESTING PURSUANT TO THIS SECTION NO LATER THAN MAY 4 FIRST, TWO THOUSAND TWELVE PURSUANT TO THE METHOD OF TEMPERATURE TESTING 5 ADOPTED BY THE CONSUMER PROTECTION BOARD; AND 6 (C) SPECIFY PROCEDURES FOR THE MITIGATION OF ANY SIGNIFICANT HEALTH 7 HAZARDS IDENTIFIED DURING ANY INSPECTION, INCLUDING, BUT NOT LIMITED TO, 8 HAZARDS THAT POSE A RISK OF BURNING EXPOSED SKIN BASED ON THE MAXIMUM 9 POTENTIAL TEMPERATURE STANDARD PROMULGATED BY THE CONSUMER PROTECTION 10 BOARD. 11 6. Whenever the attorney general shall believe from evidence satisfac- 12 tory to him that any person, firm, corporation or association or agent 13 or employee thereof has violated any provision of this section, he may 14 bring an action in the supreme court of the state of New York for a 15 judgment enjoining the continuance of such violation and for a civil 16 penalty of not more than one thousand dollars for each violation, except 17 that the court may impose a civil penalty of not more than ten thousand 18 dollars if the violation is knowing and willful. If it shall appear to 19 the satisfaction of the court or justice that the defendant has violated 20 any provision of this section, no proof shall be required that any 21 person has been injured thereby nor that the defendant knowingly or 22 intentionally violated such provision. In such action preliminary relief 23 may be granted under article sixty-three of the civil practice law and 24 rules. Before any violation of this section is sought to be enjoined, 25 the attorney general shall be required to give the person against whom 26 such proceeding is contemplated notice by certified mail and an opportu- 27 nity to show in writing within five business days after receipt of 28 notice why proceedings should not be instituted against him, unless the 29 attorney general shall find, in any case in which he seeks preliminary 30 relief, that to give such notice and opportunity is not in the public 31 interest. 32 S 3. This act shall take effect on the thirtieth day after it shall 33 have become a law.