Bill Amendment: AZ HB2179 | 2014 | Fifty-first Legislature 2nd Regular
Bill Title: Trampoline court safety
Status: 2014-04-30 - Chapter 259 [HB2179 Detail]
Download: Arizona-2014-HB2179-HOUSE_ADOPTED_AMENDMENT_Government_-_Strike_Everything.html
Fifty-first Legislature
Second Regular Session
COMMITTEE ON GOVERNMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2179
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 41, chapter 16, Arizona Revised Statutes, is amended by adding article 3.2, to read:
ARTICLE 3.2. TRAMPOLINE COURTS
41-2170.21. Definition of trampoline court
In this article, unless the context otherwise requires, "TRAMPOLINE COURT":
1. Means a commercial facility with a defined area composed of one or more trampolines, a series of trampolines, a trampoline court foam pit or a series of trampoline court foam pits.
2. Does not include:
(a) Any playground operated by a school or local government.
(b) Inflatable rides, inflatable bounce houses, ball crawls and equipment used exclusively for exercise.
(c) A physical rehabilitation facility.
(d) A gymnastic training facility that derives a majority of its revenue from supervised instruction in the teaching of gymnastic skills and basics.
41-2170.22. Duties
The department shall:
1. Administer and enforce this article, including adopting rules necessary to administer and enforce this article.
2. Establish fees for the initial registration and renewal of registration of trampoline courts in amounts to be determined by the director.
3. Request from each TRAMPOLINE COURT owner or operator information to determine that the insurance required by this article is in effect and that the TRAMPOLINE COURT has been inspected at least annually.
4. Maintain a registry of all trampoline courts.
5. Maintain as public record proof of insurance, injury records and inspection certificates and records for each trampoline court that is registered pursuant to this article.
41-2170.23. Registration; renewal
A. At least thirty days before operation an owner or operator of A trampoline court must register with and submit to the department all of the following:
1. An application for registration on a form prescribed by the department and the fee prescribed by section 41‑2170.22.
2. Proof of insurance as required by this article.
3. A copy of an inspection certificate from an insurer, an inspector with whom the insurer has contracted or an inspector approved by the department.
4. A copy of a business license.
B. A registrant must renew its registration annually by submitting an application for renewal as prescribed by the department and the renewal fee prescribed by section 41‑2170.22.
41-2170.24. Trampoline court owners and operators; requirements; denial of entry
A. A trampoline court owner or operator shall:
1. Have the trampoline court inspected at least once each year by an insurer, an inspector with whom the insurer has contracted or an inspector approved by the department. If an inspection reveals that the trampoline court does not meet the American society for testing and materials standards, the inspector shall notify the department and the owner or operator and shall not issue the written certificate of inspection until the owner or operator meets the standards and makes the repairs or installs the replacement equipment.
2. Maintain at all times a written certificate of the annual inspection.
3. Procure insurance for the trampoline court from an insurer authorized to do business in this state pursuant to section 20-217 or by an insurer on the list of qualified unauthorized insurers pursuant to section 20-413, insuring the owner or operator against liability for injury to persons arising from the use of the trampoline court, in an amount of not less than one million dollars for bodily injury.
4. Maintain and display at all times the certificate of registration.
5. Maintain for a period of at least two years accurate records of any governmental action taken relating to the trampoline court, including any operation permits, insurance certificates, inspection reports, incident reports, maintenance and operational records and records documenting the repair or replacement of equipment used in the operation of the trampoline court. The owner or operator of the trampoline court shall provide a copy of these records to the department when the owner or operator applies for initial registration and when the owner or operator applies for registration renewal.
6. Maintain for a period of at least two years accurate records of public safety service calls to the trampoline court that are consistent with the recording standards of the American society of testing and materials. A copy of these records shall be provided to the department and are public records.
B. A registrant must notify the department within thirty days of any changes to the information that the registrant submitted to the department with the registrant's initial registration application or registration renewal application.
C. A trampoline court owner or operator may deny a person entry to the trampoline court if the owner or operator believes that the entry may jeopardize the safety of the person or any other trampoline court patron.
41-2170.25. Enforcement
A. The department may determine compliance with this article, prohibit the operation of any trampoline court that is not in compliance with this article and institute an action in a court of competent jurisdiction to enforce this article.
B. On request, the owner or operator of a trampoline court shall provide the registration certificate, inspection certificate, insurance certificate and other records to a municipal or county peace officer or enforcement official. A copy of the documents may be provided instead of originals.
41‑2170.26. Trampoline court regulation; state preemption
The regulation of trampoline courts is of statewide concern. The regulation of trampoline courts pursuant to this article is not subject to further regulation by a county, city, town or other political subdivision of this state.
Sec. 2. Existing trampoline courts; compliance
Within ninety days after the effective date of this act, trampoline courts, as defined in section 41‑2170.21, Arizona Revised Statutes, as added by this act, that are in existence on the effective date of this act must comply with title 41, chapter 16, article 3.2, Arizona Revised Statutes, as added by this act. A trampoline court may not operate any portion of the facility that does not meet the American society for testing and materials standards until the trampoline court complies with the standards.
Sec. 3. Short title
This act may be cited as "Ty's law".
Sec. 4. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."
Amend title to conform
