Bill Text: HI SB2433 | 2012 | Regular Session | Amended
Bill Title: Ziplines; Canopy Tours; Regulations
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Engrossed - Dead) 2012-03-23 - (H) Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Herkes excused (1). [SB2433 Detail]
Download: Hawaii-2012-SB2433-Amended.html
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THE SENATE |
S.B. NO. |
2433 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHALLENGE COURSE TECHNOLOGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that ziplines and canopy tours are used and enjoyed by a number of Hawaii residents and attract a large number of tourists to the State, which contributes significantly to Hawaii's economy. There are, however, inherent risks in ziplines and canopy tours. These risks are an inherent part of such activities and as a result, require that the State be vigilant in its regulation to ensure the safety and security of those who choose to participate.
The purpose of this Act, therefore, is to establish standards and regulations for zipline and canopy tour operators.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
Ziplines and canopy tours
§ -1 Definitions. As used in the chapter:
"Canopy tours" means a commercial facility not located in an amusement park or carnival, that is a supervised or guided educational or recreational activity, including beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings, towers, ziplines, and other aerial adventure courses, which may be installed on or in trees, poles, portable structures or buildings, or be part of self-supporting structures.
"Challenge course standards" means the current edition of Challenge Course Standards: Association for Challenge Course Technology, or substantially equivalent standards approved by the department.
"Department" means the department of labor and industrial relations.
"Employee" means an officer, agent, employee, servant, or volunteer, whether compensated or not, full time or not, who is authorized to act and is acting within the scope of the employee's employment or duties with an operator.
"Operator" means any person, partnership, corporation, or other entity who has operational responsibility for any zipline or canopy tour.
"Participant" means any person who engages in activities on a zipline or canopy tour individually or in a group activity supervised by a zipline or canopy tour operator.
"Qualified challenge course professional inspector" means a private inspector of canopy tours and ziplines who meets challenge course standards and is certified by the department.
"Zipline" means a commercial recreational activity where participants, by use of a permanent cable or rope line suspended between support structures, enables a participant attached to a pulley to traverse from one point to another, for the purpose of giving the participant amusement, pleasure, thrills, or excitement.
§ -2 Zipline and canopy tour operators. Every operator shall:
(1) Construct, install, maintain, and operate all ziplines and canopy tours in accordance with challenge course standards;
(2) Ensure that ziplines and canopy tours are inspected at least annually by the department or a qualified challenge course professional inspector;
(3) Train employees operating ziplines and canopy tours in accordance with challenge course standards;
(4) Procure and maintain commercial general liability insurance against claims for personal injury, death, and property damages occurring upon, in, or about the zipline or canopy tour that affords protection to the limit of not less than $1,000,000 for the injury or death of a single person, to the limit of $2,000,000 in the aggregate, and to the limit of not less than $50,000 for property damage; and
(5) Maintain the following records:
(A) Proof of insurance;
(B) Inspection reports;
(C) Maintenance records; and
(D) Participant acknowledgment of risks and duties.
The records shall be retained for a period of at least five years from the date of creation.
§ -3 Responsibilities of participants; prohibited acts. (a) Each participant shall have a duty to act as would a reasonably prudent person when using a zipline or canopy tour offered by an operator.
(b) A participant is prohibited from:
(1) Using a zipline or canopy tour without the authority, supervision, and guidance of an operator or employee acting within the scope of the employee's employment or duties with the operator;
(2) Dropping, throwing, or expelling any object from a zipline or canopy tour except as authorized by an operator;
(3) Performing any act that interferes with the running or operation of a zipline or canopy tour; and
(4) Engaging in any harmful conduct, or wilfully or negligently engaging in any type of conduct that causes or contributes to the injury of any person.
§ -4 Operators; liability. (a) An operator shall be liable for any injury, loss, or damage caused by a failure to follow duties and standards of care pursuant to section -2, where the violation of duty is causally related to the injury, loss, or damage suffered.
(b) An operator shall not be liable for any injury, loss, or damage caused by the negligence of any person who is not an employee of the operator or for the failure of a participant to comply with section -3.
§ -5 Permits; application; annual inspection. (a) No operator may knowingly permit the operation of a zipline or canopy tour without a permit issued by the department.
(b) An operator shall apply annually to the department for a permit on a form and in a manner prescribed by the department. The permit application shall be submitted:
(1) At least fifteen days prior to the first time the zipline or canopy tour is made available for public use, if the application is an initial application; and
(2) At least fifteen days prior to the expiration of a permit, if the application is a subsequent application.
(c) Each zipline or canopy tour shall be inspected on at least an annual basis. The department shall perform an inspection of the zipline or canopy tour:
(1) Within thirty days of the first time the zipline or canopy tour is made available for public use; and
(2) Within thirty days of the expiration of the annual permit if the operator is applying for a subsequent permit;
provided that the department shall accept and may approve inspection reports provided by the operator from a qualified challenge course professional inspector in lieu of performing its own inspection.
(d) The department may conduct additional inspections during normal operating hours, without prior notice, in a manner that does not interfere with the safe and efficient operation of the zipline or canopy tour.
§ -6 Issuance of permit; certificate of inspection; availability to public. (a) If, upon inspection, a zipline or canopy tour is found to comply with department requirements, the department shall issue the permit in the form of a certificate of inspection.
(b) Upon issuance, a copy of the current permit, showing the last date of inspection, shall be affixed to the zipline or canopy tour, or other location designated by the department.
(c) An operator shall retain each permit in the operator's records for five years in a form that is readily accessible to the public for inspection at any reasonable time with prior notice.
(d) The department may order, in writing, a temporary cessation of operation of a zipline or canopy tour if, and to the extent, it has been determined through the inspection that the zipline or canopy tour does not comply with challenge course standards. Operation shall not resume until deficiencies are corrected to the department's satisfaction.
§ -7 Inspection and permit fees. (a) The department shall charge an annual permit fee of $100 per zipline or canopy tour.
(b) The department shall charge an inspection fee of $100 for each annual inspection conducted by the department, which shall be due at the time of application for an annual permit. The department shall waive the inspection fee for an operator who provides proof that an inspection has been completed within the last year by a qualified challenge course professional inspector.
(c) The department shall charge additional inspection fees of no more than $100 for additional inspections required as a result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury.
§ -8 Notice of serious physical injury or fatality; investigations; records. (a) An operator shall notify the department of any fatality or accident that results in death or serious physical injury or illness in any person that occurred during the person's use or operation of the zipline or canopy tour.
(b) Notification shall be made not later than twenty-four hours following the incident and may be made by oral, written, or electronic means; provided that such notification shall not delay emergency responses to the incident or limit an operator's responsibility to notify emergency or law enforcement personnel as soon as is practicable.
(c) The department shall investigate each safety-related complaint, accident, or fatality about which the department receives notice.
(d) An operator shall retain a record of each investigation in the operator's records for five years in a form that is readily accessible to the public for inspection at any reasonable time.
§ -9 Qualified challenge course professional inspectors. (a) The department shall certify qualified challenge course professional inspectors for the purpose of inspecting ziplines and canopy tours.
(b) The department may charge an annual certification fee not to exceed $50.
§ -10 Permit, inspection, and certification fees. Permit, inspection, and certification fees established under this chapter shall be expended by the director of labor and industrial relations to carry out the purposes of this chapter pursuant to rules adopted in accordance with chapter 91.
§ -11 Regulation by counties. Nothing in this chapter shall prevent any county from regulating a zipline or canopy tour; provided that such regulations shall not be related to installation, repair, maintenance, use, operation, or inspection of a zipline or canopy tour. If any ordinance or rule of any county conflicts or is inconsistent with this chapter or with the rules adopted pursuant thereto, the ordinance or rule shall be void to the extent that it conflicts with this chapter.
§ -12 Indemnification and hold harmless. The operator shall indemnify and hold harmless the department, State, and the State's officers, agents excluding qualified challenge course professional inspectors, and employees from and against any and all claims arising out of or resulting from activities carried out or undertaken pursuant to this chapter.
§ -13 Rules. The department shall adopt rules in accordance with chapter 91 that:
(1) Ensure the safe installation, repair, maintenance, use, operation, and inspection of ziplines and canopy tours; and
(2) Require that the issuance of a permit to an operator subject to this chapter shall be contingent upon the certification by a qualified engineer regarding the structural integrity of the design, structures, and anchoring systems of the zipline or canopy tour for which the permit is sought.
Where applicable, the rules shall be consistent with the challenge course standards."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall take effect on July 1, 2050; provided that an operator operating in the State on the effective date of this Act shall obtain a permit within one hundred eighty days of the effective date of this Act or such greater time as the director of labor and industrial relations may require to process the permit required under this Act.
Report Title:
Ziplines; Canopy Tours; Regulations
Description:
Establishes standards and regulations for operators of ziplines and canopy tours. Requires operators to obtain annual inspections and permits from the Department of Labor and Industrial Relations. Effective 07/01/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
