Bill Text: NY A08954 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-04-17 - SIGNED CHAP.49 [A08954 Detail]

Download: New_York-2019-A08954-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8954

                   IN ASSEMBLY

                                     January 6, 2020
                                       ___________

        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Economic Development

        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
    25    (b) is used for  entertainment  or  recreational  jumping,  springing,
    26  bouncing, acrobatics, or gymnastics in a trampoline park.
    27    2. ["department" shall mean the department of state.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11073-06-9
        A. 8954                             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]  3. "inspection" shall mean a procedure that an inspector conducts
     6  to:
     7    (a) determine whether a trampoline park facility, including any device
     8  or material, is constructed, assembled, maintained, tested, and operated
     9  in accordance with this article and the manufacturer's recommendations;
    10    (b) determine the operational safety of a  trampoline  park  facility,
    11  including any device or material;
    12    (c)  determine whether the trampoline park complies with safety stand-
    13  ards [and protocols as determined by the department]; and
    14    (d) determine whether the trampoline park's policies, safeguards,  and
    15  procedures comply with this article.
    16    [5] 4. "inspector" shall mean an individual who:
    17    (a)  conducts an inspection of a trampoline park to certify compliance
    18  with this article and industry safety  standards  [as  approved  by  the
    19  department]; and
    20    (b) (i) is certified by:
    21    (A)  [an]  a  nationally  accredited  organization[,  approved  by the
    22  department,] that develops and publishes consensus standards for a  wide
    23  range  of  materials,  products, systems, and services that are used for
    24  trampolines; or
    25    (B) [an]  a  nationally  accredited  organization[,  approved  by  the
    26  department,] that promotes trampoline park safety [and adopts the stand-
    27  ards approved by the department];
    28    (ii) represents the insurer of the trampoline park [and is approved by
    29  the department];
    30    (iii)  represents  [or  is  certified  by the department] a nationally
    31  accredited organization that:
    32    (A) inspects amusement and recreational facilities and equipment; and
    33    (B) certifies and  trains  professional  private  industry  inspectors
    34  through written testing and continuing education requirements; or
    35    (iv) represents an organization that the United States Olympic Commit-
    36  tee  designates  as  the  national governing body for gymnastics [and is
    37  approved by the department].
    38    [6] 5. "operator" shall mean a person who manages, or controls or  who
    39  has the duty to manage or control the operation of a trampoline park.
    40    [7]  6. "owner" shall mean a person, corporation, partnership, limited
    41  liability company, or association who owns a commercial trampoline park.
    42    [8] 7. "participant" shall mean an  individual  that  uses  trampoline
    43  park equipment.
    44    [9]  8.  "trampoline bed" shall mean the flexible surface of a trampo-
    45  line on which a user jumps or bounces.
    46    [10] 9. "trampoline court" shall mean an area  of  a  trampoline  park
    47  comprising:
    48    (a) multiple commercial trampolines; or
    49    (b)  at  least  one  commercial trampoline and at least one associated
    50  foam or inflatable bag pit.
    51    [11] 10. "trampoline park" shall mean a place of business that  offers
    52  the  recreational  use  of  a  trampoline  court for a fee or charge for
    53  admission to the  trampoline  park  for  entertainment  or  recreational
    54  purposes.
    55    §  221. [Business permits. No trampoline park may operate in the state
    56  without a permit issued by the department except as provided in  section
        A. 8954                             3

     1  two hundred twenty-one-a of this article. Such permits are not transfer-
     2  able  and if any permit holder voluntarily discontinues operation of the
     3  trampoline park, then all rights secured under  the  permit  are  termi-
     4  nated.
     5    1. Before commencement of the operation of a trampoline park the owner
     6  shall  make  an  application  to the department for a permit to operate,
     7  which shall be accompanied by an annual nonrefundable fee of two hundred
     8  dollars. The permit shall be valid for a period of one year.
     9    2. A permit to operate shall be issued to the owner  of  a  trampoline
    10  park when:
    11    (a) a completed application has been made to the department;
    12    (b) the trampoline park has passed all required inspections; and
    13    (c)  the  liability  insurance or bond required by section two hundred
    14  twenty-eight of this article has been met in the amount prescribed.
    15    3. The department may revoke any permit issued pursuant to this  arti-
    16  cle if it is determined that a trampoline park is:
    17    (a)  being  used  or operated without the inspections required by this
    18  article;
    19    (b) being used or operated without the insurance or other security  of
    20  this article; or
    21    (c) being used or operated in a manner not recommended by the manufac-
    22  turer,  or  out  of  compliance with department approved trampoline park
    23  policies, safeguards and procedures which presents risk of serious inju-
    24  ry to participants or members of the public.
    25    4. The department shall maintain  an  on-line  statewide  registry  of
    26  permitted trampoline parks and a record of safety violations.
    27    § 221-a.] Exemptions. This article shall not apply to:
    28    1. a playground that a school or local government operates, if:
    29    (a) the playground is an incidental amenity; and
    30    (b)  the operating entity does not primarily derive revenue from oper-
    31  ating the playground for a fee;
    32    2. a gymnastics, dance, cheer, or tumbling facility where:
    33    (a) the majority of activities are based in training or rehearsal  and
    34  not recreation; and
    35    (b)  the facility derives [at least eighty percent of] revenues prima-
    36  rily through supervised instruction or classes; [and
    37    (c) the student-coach or student-instructor ratio  is  based  on  age,
    38  skill level, and number of students as determined by the department;] or
    39    3.  equipment used exclusively for exercise, an inflatable ride, or an
    40  inflatable bounce house.
    41    § 222. [Permit suspension or revocation. 1. Except as provided in this
    42  section, a violation of this article is grounds for  the  department  to
    43  suspend or revoke the owner's business permit.
    44    2. The department may not suspend or revoke a permit under subdivision
    45  one of this section unless:
    46    (a)  the department provides the operator with at least thirty days to
    47  cure the violation that is the grounds for the action in accordance with
    48  the policy described in subdivision three of this section; or
    49    (b) regardless of the operator curing  a  violation  as  described  in
    50  paragraph (a) of this subdivision, the violation repeats.
    51    3.  The  department  shall  define  the reasonable opportunity to cure
    52  violations described in paragraph (a) of subdivision two of this section
    53  by creating a generally applicable policy  that  identifies  a  standard
    54  timeline and process for curing a violation.
    55    §  223.]  Compliance  with industry standards. A trampoline park owner
    56  shall[:
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     1    1.] ensure that the trampoline park complies with [departmental] stan-
     2  dards  developed  in  conjunction  with  industry  safety  organizations
     3  regarding:
     4    [(a)]  1.  signage  and  notification for proper use of the trampoline
     5  park, safety procedures, and  education  of  risk  as  provided  for  in
     6  section two hundred [twenty-eight-a] twenty-seven of this article;
     7    [(b)] 2. equipment and facilities, including materials, layout, condi-
     8  tion, and maintenance;
     9    [(c)]  3.  staff  training,  including safety procedures and emergency
    10  response;
    11    [(d)]  4.  participant  activities  and  behaviors  that   should   be
    12  restricted;
    13    [(e)]  5.  separation of participants within the trampoline park based
    14  on age, size, or other necessary factors;
    15    [(f)] 6. operational issues, including maintenance and injury logs and
    16  emergency response plans;
    17    [(g)] 7. staff supervision and monitoring of activities;
    18    [(h)] 8. statistical tracking of injuries in a manner  that  does  not
    19  personally identify the injured participant; and
    20    [(i)] 9. appropriate insurance coverage[; and
    21    2.  notify  the  department within forty-eight hours of any changes in
    22  status to any requirement under this section].
    23    § [224] 223. Trampoline park employee training, equipment  and  super-
    24  vision. An owner and/or operator shall:
    25    1.  ensure  that during all hours of operation the trampoline park has
    26  an operable automated external defibrillator;
    27    2. ensure that all employees are certified in first aid and CPR;
    28    3. ensure that all participants are instructed by  an  employee  about
    29  the potential risks and safety guidelines;
    30    4. require that trampoline park employees monitor the trampoline court
    31  and participants during all hours of operation;
    32    5.  ensure  that  the number of trampoline park employees described in
    33  subdivision four of this section is adequate to view each  area  of  the
    34  trampoline court; and
    35    6. prominently display throughout the trampoline park contrasted safe-
    36  ty,  warning, advisory, and instructional signage reflecting the trampo-
    37  line  park's  rules   as   provided   for   in   section   two   hundred
    38  [twenty-eight-a] twenty-seven of this article.
    39    § [225. Reporting of injuries] 224. Availability of information; emer-
    40  gency  response  plan. 1. An owner and/or operator shall develop, imple-
    41  ment, and follow an in-house injury  reporting  and  emergency  response
    42  plan for injuries to employees and participants.
    43    2.  The owner and/or operator shall retain any records for a period of
    44  at least two years related to the injury reporting system and  emergency
    45  response plan described in subdivision one of this section.
    46    3. The owner and/or operator shall make available to the department of
    47  health or the local health department, upon request:
    48    (a) the information contained in the injury reporting system described
    49  in subdivision one of this section; and
    50    (b) the records described in subdivision two of this section.
    51    [§ 226. Annual registration to the department. A trampoline park owner
    52  shall  provide the following information for annual certification at the
    53  time such owner applies to the department to renew a business permit  to
    54  operate a trampoline park:
    55    1. an inspection certificate described in this article; and
        A. 8954                             5

     1    2.  the  certification  of  insurance described in section two hundred
     2  twenty-eight of this article.
     3    §  227]  §  225. Inspection.   A trampoline park owner and/or operator
     4  shall:
     5    1. ensure that an inspector conducts an inspection of  the  facilities
     6  and  records  of  the trampoline park at least once per calendar year to
     7  certify compliance with:
     8    (a) industry safety standards, including each  category  of  standards
     9  described in this article; and
    10    (b) safety standards described in this article;
    11    (c) proof that the trampoline court is maintained in good repair;
    12    (d) an emergency response plan is in place and up-to-date;
    13    (e)  maintenance,  inspection,  staff  member training, and up-to-date
    14  injury logs; and
    15    (f) an up-to-date insurance policy is in place; and
    16    2.  obtain  from  the  inspector  a  written  report  documenting  the
    17  inspection and a certificate certifying that:
    18    (a)  the  trampoline  park  has  successfully  passed  the  inspection
    19  described in this section; and
    20    (b) the trampoline park is in full compliance with this article.
    21    § [228] 226. Insurance.  [Before the department may issue a permit  to
    22  the  owner  of  a  trampoline park, the owner and/or the trampoline park
    23  shall furnish the department with proof that they have purchased  insur-
    24  ance.] A trampoline park owner shall:
    25    1.  maintain  insurance  providing  liability coverage of at least one
    26  million dollars in the aggregate and five hundred thousand  dollars  per
    27  incident to cover injuries to participants arising out of any negligence
    28  or  misconduct  by  the  trampoline park owner, operator or staff in the
    29  construction, maintenance, or operation of the trampoline park; and
    30    2. maintain a certificate of insurance demonstrating  compliance  with
    31  this section[; and
    32    3.  notify  the  the department within twenty-four hours of the lapse,
    33  expiration, or cancellation of the insurance  described  in  subdivision
    34  one of this section].
    35    §  [228-a]  227.  Required  posting of safety guidelines. 1. The owner
    36  and/or operator of a trampoline park shall  conspicuously  post  a  sign
    37  containing  safety and instructional rules and guidelines to be followed
    38  by participants while at the trampoline park or using a commercial tram-
    39  poline. Such sign shall include appropriate behavior and  activities  at
    40  the trampoline park to minimize potential risks to participants.
    41    2. Such signs shall be [approved by the department and shall] conspic-
    42  uously [be] displayed near all entrances.
    43    3.  Such signs shall contain warnings that there are inherent risks in
    44  the participation in or on the commercial trampoline, since it is recog-
    45  nized that participation in  or  on  the  trampoline  may  be  hazardous
    46  regardless of all feasible safety measures that can be undertaken by the
    47  device  owner  and/or operator; and that there is a duty for the partic-
    48  ipants, or parent or guardian in the case of a minor, to become apprised
    49  of the warnings and the risks inherent  in  participation  in  or  on  a
    50  commercial trampoline if the warnings are not obeyed.
    51    4.  Prior  to  participating  in  or  on  such commercial trampolines,
    52  participants and parents or guardians in the  case  of  a  minor,  shall
    53  familiarize  themselves with the posted safety warnings so that they may
    54  make an informed decision of whether to participate in or on the trampo-
    55  line notwithstanding the risks.
        A. 8954                             6

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