Bill Text: AZ HB2179 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Trampoline court safety
Spectrum: Slight Partisan Bill (Republican 14-6)
Status: (Passed) 2014-04-30 - Chapter 259 [HB2179 Detail]
Download: Arizona-2014-HB2179-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2179 |
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AN ACT
amending title 41, chapter 16, Arizona Revised Statutes, by adding article 3.2; relating to amusement ride and trampoline court safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
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; fund
A. 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. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all fees received pursuant to this section in the trampoline court safety fund established by this section.
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, service calls to emergency responders and inspection certificates that are issued by an insurer or an inspector with whom the insurer has contracted and records for each trampoline court that is registered pursuant to this article.
B. The trampoline court safety fund is established consisting of monies received pursuant to this section. The department shall administer the fund and use the monies in the fund to implement 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 that is issued by an insurer or an inspector with whom the insurer has contracted.
4. A copy of the owner's or operator's 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; rules
A. A trampoline court owner or operator shall:
1. Have the trampoline court inspected at least once each year by an insurer or an inspector with whom the insurer has contracted. If an inspection reveals that any component of the trampoline court does not substantially 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 for that component of the trampoline court 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, service calls to emergency responders, 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 on request 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 service calls to emergency responders from the trampoline court. Within ten days after a trampoline court makes a service call to an emergency responder, an owner or operator of the trampoline court shall provide a copy of the service call records to the department. The service call records 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.
D. A trampoline court patron shall follow all rules that are posted or provided in writing to the patron by the trampoline court owner or operator. The rules must include a statement that there are inherent risks in the participation in a trampoline court activity or on any trampoline court and that a trampoline court patron, by participation, understands the risks inherent in the participation of which the ordinary prudent person is or should be aware. The rules must specify that a trampoline court patron:
1. Shall:
(a) Exercise good judgment and act in a responsible manner while using a trampoline court and obey all oral or written warnings before and during participation.
(b) Meet height, weight and age restrictions imposed by the owner to use the trampoline court or participate in the trampoline court activity.
2. Shall not:
(a) Participate in a trampoline court activity or on any trampoline court when under the influence of drugs or alcohol.
(b) Participate in a trampoline court activity or on any trampoline court if the patron may be pregnant, has had recent surgery, has a preexisting medical condition, circulatory condition, heart or lung condition, back or neck condition or history of spine, musculoskeletal or head injuries or has high blood pressure.
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 that is issued by an insurer or an inspector with whom the insurer has contracted and insurance certificate to the department. 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 substantially meet the American society for testing and materials standards until the trampoline court complies with the standards.
