Bill Text: NY A07250 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes requirements for trampoline parks including requirements regarding registration, compliance with industry standards, employee training, inspection, and insurance.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Engrossed) 2019-06-20 - RETURNED TO ASSEMBLY [A07250 Detail]

Download: New_York-2019-A07250-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7250--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     April 18, 2019
                                       ___________

        Introduced by M. of A. FALL, JEAN-PIERRE, BUTTENSCHON, FRONTUS, DICKENS,
          GRIFFIN,  CRUZ, COOK, JAFFEE, SAYEGH, D'URSO -- read once and referred
          to the Committee on Economic Development -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee

        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. The general business law is amended by adding a new article
     2  12-C to read as follows:
     3                                ARTICLE 12-C
     4                           TRAMPOLINE PARK SAFETY
     5  Section 220.   Definitions.
     6          221.   Business permits.
     7          221-a. Exemptions.
     8          222.   Permit suspension or revocation.
     9          223.   Compliance with industry standards.
    10          224.   Trampoline  park  employee training, equipment and super-
    11                   vision.
    12          225.   Reporting of injuries; emergency response plan.
    13          226.   Annual registration to the department.
    14          227.   Inspection.
    15          228.   Insurance.
    16          228-a. Required posting of safety guidelines.
    17          228-b. Actions relating to trampoline parks.
    18    § 220. Definitions. As used in this article, the following  words  and
    19  phrases shall have the following meanings:
    20    1. "commercial trampoline" shall mean a device that:
    21    (a) incorporates a trampoline bed; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11073-03-9

        A. 7250--B                          2

     1    (b) is used for recreational jumping, springing, bouncing, acrobatics,
     2  or gymnastics in a trampoline park.
     3    2. "department" shall mean the department of state.
     4    3.  "emergency  response plan" shall mean a written plan of action for
     5  the reasonable and appropriate contact, deployment, and coordination  of
     6  services,  agencies,  and  personnel  to  provide  the earliest possible
     7  response to an injury or emergency as approved by the department.
     8    4. "inspection" shall mean a procedure that an inspector conducts to:
     9    (a) determine whether a trampoline park facility, including any device
    10  or material, is constructed, assembled, maintained, tested, and operated
    11  in accordance with this article and the manufacturer's recommendations;
    12    (b) determine the operational safety of a  trampoline  park  facility,
    13  including any device or material;
    14    (c)  determine whether the trampoline park complies with safety stand-
    15  ards and protocols as determined by the department; and
    16    (d) determine whether the trampoline park's policies, safeguards,  and
    17  procedures comply with this article.
    18    5. "inspector" shall mean an individual who:
    19    (a)  conducts an inspection of a trampoline park to certify compliance
    20  with this article and industry  safety  standards  as  approved  by  the
    21  department; and
    22    (b) (i) is certified by:
    23    (A)  an  organization,  approved  by the department, that develops and
    24  publishes consensus standards for a wide range of  materials,  products,
    25  systems, and services that are used for trampolines; or
    26    (B) an organization, approved by the department, that promotes trampo-
    27  line park safety and adopts the standards 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 that:
    31    (A) inspects amusement and recreational facilities and equipment; and
    32    (B) certifies and  trains  professional  private  industry  inspectors
    33  through written testing and continuing education requirements; or
    34    (iv) represents an organization that the United States Olympic Commit-
    35  tee  designates  as  the  national  governing body for gymnastics and is
    36  approved by the department.
    37    6. "operator" shall mean a person who manages, or controls or who  has
    38  the duty to manage or control the operation of a trampoline park.
    39    7.  "owner"  shall  mean a person, corporation, partnership or associ-
    40  ation who owns a commercial trampoline park.
    41    8. "participant" shall mean an individual that  uses  trampoline  park
    42  equipment.
    43    9. "trampoline bed" shall mean the flexible surface of a trampoline on
    44  which a user jumps or bounces.
    45    10.  "trampoline  court"  shall  mean  an  area  of  a trampoline park
    46  comprising:
    47    (a) multiple commercial trampolines; or
    48    (b) at least one commercial trampoline and  at  least  one  associated
    49  foam or inflatable bag pit.
    50    11.  "trampoline  park" shall mean a place of business that offers the
    51  recreational use of a trampoline court for a fee or charge for admission
    52  to the trampoline park.
    53    § 221. Business permits. No trampoline park may operate in  the  state
    54  without  a permit issued by the department except as provided in section
    55  two hundred twenty-one-a of this article. Such permits are not transfer-
    56  able and if any permit holder voluntarily discontinues operation of  the

        A. 7250--B                          3

     1  trampoline  park,  then  all  rights secured under the permit are termi-
     2  nated.
     3    1. Before commencement of the operation of a trampoline park the owner
     4  shall  make  an  application  to the department for a permit to operate,
     5  which shall be accompanied by an annual nonrefundable fee of two hundred
     6  dollars. The permit shall be valid for a period of one year.
     7    2. A permit to operate shall be issued to the owner  of  a  trampoline
     8  park when:
     9    (a) a completed application has been made to the department;
    10    (b) the trampoline park has passed all required inspections; and
    11    (c)  the  liability  insurance or bond required by section two hundred
    12  twenty-eight of this article has been met in the amount prescribed.
    13    3. The department may revoke any permit issued pursuant to this  arti-
    14  cle if it is determined that a trampoline park is:
    15    (a)  being  used  or operated without the inspections required by this
    16  article;
    17    (b) being used or operated without the insurance or other security  of
    18  this article; or
    19    (c) being used or operated in a manner not recommended by the manufac-
    20  turer,  or  out  of  compliance with department approved trampoline park
    21  policies, safeguards and procedures which presents risk of serious inju-
    22  ry to participants or members of the public.
    23    4. The department shall maintain  an  on-line  statewide  registry  of
    24  permitted trampoline parks and a record of safety violations.
    25    § 221-a. Exemptions. This article shall not apply to:
    26    1. a playground that a school or local government operates, if:
    27    (a) the playground is an incidental amenity; and
    28    (b)  the operating entity does not primarily derive revenue from oper-
    29  ating the playground for a fee;
    30    2. a gymnastics, dance, cheer, or tumbling facility where:
    31    (a) the majority of activities are based in training or rehearsal  and
    32  not recreation;
    33    (b)  the  facility derives at least eighty percent of revenues through
    34  supervised instruction or classes; and
    35    (c) the student-coach or student-instructor ratio  is  based  on  age,
    36  skill level, and number of students as determined by the department; or
    37    3.  equipment used exclusively for exercise, an inflatable ride, or an
    38  inflatable bounce house.
    39    § 222. Permit suspension or revocation. 1. Except as provided in  this
    40  section,  a  violation  of this article is grounds for the department to
    41  suspend or revoke the owner's business permit.
    42    2. The department may not suspend or revoke a permit under subdivision
    43  one of this section unless:
    44    (a) the department provides the operator with at least thirty days  to
    45  cure the violation that is the grounds for the action in accordance with
    46  the policy described in subdivision three of this section; or
    47    (b)  regardless  of  the  operator  curing a violation as described in
    48  paragraph (a) of this subdivision, the violation repeats.
    49    3. The department shall define  the  reasonable  opportunity  to  cure
    50  violations described in paragraph (a) of subdivision two of this section
    51  by  creating  a  generally  applicable policy that identifies a standard
    52  timeline and process for curing a violation.
    53    § 223. Compliance with industry standards.  A  trampoline  park  owner
    54  shall:

        A. 7250--B                          4

     1    1.  ensure  that the trampoline park complies with departmental stand-
     2  ards developed in conjunction with industry safety organizations regard-
     3  ing:
     4    (a)  signage  and  notification for proper use of the trampoline park,
     5  safety procedures, and education of risk as provided for in section  two
     6  hundred twenty-eight-a of this article;
     7    (b)  equipment and facilities, including materials, layout, condition,
     8  and maintenance;
     9    (c)  staff  training,  including  safety  procedures   and   emergency
    10  response;
    11    (d) participant activities and behaviors that should be restricted;
    12    (e)  separation  of  participants  within the trampoline park based on
    13  age, size, or other necessary factors;
    14    (f) operational issues, including  maintenance  and  injury  logs  and
    15  emergency response plans;
    16    (g) staff supervision and monitoring of activities;
    17    (h)  statistical  tracking  of  injuries  in  a  manner  that does not
    18  personally identify the injured participant; and
    19    (i) appropriate insurance coverage; and
    20    2. notify the department within forty-eight hours of  any  changes  in
    21  status to any requirement under this section.
    22    §  224.  Trampoline park employee training, equipment and supervision.
    23  An owner and/or operator shall:
    24    1. ensure that during all hours of operation the trampoline  park  has
    25  an operable automated external defibrillator;
    26    2. ensure that all employees are certified in first aid and CPR;
    27    3.  ensure  that  all participants are instructed by an employee about
    28  the potential risks and safety guidelines;
    29    4. require that trampoline park employees monitor the trampoline court
    30  and participants during all hours of operation;
    31    5. ensure that the number of trampoline park  employees  described  in
    32  subdivision  four  of  this section is adequate to view each area of the
    33  trampoline court; and
    34    6. prominently display throughout the trampoline park contrasted safe-
    35  ty, warning, advisory, and instructional signage reflecting the  trampo-
    36  line  park's rules as provided for in section two hundred twenty-eight-a
    37  of this article.
    38    § 225. Reporting of injuries; emergency response  plan.  1.  An  owner
    39  and/or  operator shall develop, implement, and follow an in-house injury
    40  reporting and emergency response plan  for  injuries  to  employees  and
    41  participants.
    42    2.  The  owner and/or operator shall retain any records related to the
    43  injury reporting system and emergency response plan described in  subdi-
    44  vision one of this section.
    45    3. The owner and/or operator shall make available to the department of
    46  health or the local health department, upon request:
    47    (a) the information contained in the injury reporting system described
    48  in subdivision one of this section; and
    49    (b) the records described in subdivision two of this section.
    50    §  226. Annual registration to the department. A trampoline park owner
    51  shall provide the following information for annual certification at  the
    52  time  such owner applies to the department to renew a business permit to
    53  operate a trampoline park:
    54    1. an inspection certificate described in this article; and
    55    2. the certification of insurance described  in  section  two  hundred
    56  twenty-eight of this article.

        A. 7250--B                          5

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

        A. 7250--B                          6

     1  limit the venue in which a claim  shall  be  adjudicated  or  arbitrated
     2  shall be deemed void as against public policy.
     3    2.  Nothing  in this section shall be deemed to affect the validity of
     4  any other aspect of a contract.
     5    § 2. This act shall take effect on the one hundred twentieth day after
     6  it shall have become a law.  Effective immediately, the addition, amend-
     7  ment and/or repeal of any rule or regulation necessary for the implemen-
     8  tation of this act on its effective date are directed  to  be  made  and
     9  completed on or before such effective date.
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