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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: (Passed) 2019-12-20 - approval memo.67 [A07250 Detail]

Download: New_York-2019-A07250-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7250
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 18, 2019
                                       ___________
        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. 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 license required.
     7          221-a. Exemptions.
     8          222.  License 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 certification to the department of state.
    14          227.  Inspection.
    15          228.  Insurance.
    16          228-a. Claims for inherent risks.
    17    § 220. Definitions. As used in this article, the following  words  and
    18  phrases shall have the following meanings:
    19    1. "commercial trampoline" shall mean a device that:
    20    (a) incorporates a trampoline bed; and
    21    (b) is used for recreational jumping, springing, bouncing, acrobatics,
    22  or gymnastics in a trampoline park.
    23    2. "department" shall mean the department of state.
    24    3.  "emergency  response plan" shall mean a written plan of action for
    25  the reasonable and appropriate contact, deployment, and coordination  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11073-01-9
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     1  services,  agencies,  and  personnel  to  provide  the earliest possible
     2  response to an injury or emergency.
     3    4.  "inherent  risk" shall mean a danger or condition that is an inte-
     4  gral part of an activity occurring at a trampoline park.
     5    5. "inspection" shall mean a procedure that an inspector conducts to:
     6    (a) determine whether a trampoline park facility, including any device
     7  or material, is constructed, assembled, maintained, tested, and operated
     8  in accordance with this article and the manufacturer's recommendations;
     9    (b) determine the operational safety of a  trampoline  park  facility,
    10  including any device or material; and
    11    (c)  determine  whether  the trampoline park's policies and procedures
    12  comply with this article.
    13    6. "inspector" shall mean an individual who:
    14    (a) conducts an inspection of a trampoline park to certify  compliance
    15  with this article and industry safety standards; and
    16    (b) (i) is certified by:
    17    (A)  an  organization  that develops and publishes consensus standards
    18  for a wide range of materials, products, systems, and services that  are
    19  used for trampolines; or
    20    (B)  an  organization  that promotes trampoline park safety and adopts
    21  the standards described in clause (A) of this subparagraph;
    22    (ii) represents the insurer of the trampoline park;
    23    (iii) represents or is certified by a department or agency, regardless
    24  of whether the agency is located within the state, that:
    25    (A) inspects amusement and recreational facilities and equipment; and
    26    (B) certifies and  trains  professional  private  industry  inspectors
    27  through written testing and continuing education requirements; or
    28    (iv) represents an organization that the United States Olympic Commit-
    29  tee designates as the national governing body for gymnastics.
    30    7.  "operator"  shall  mean a person who owns, manages, or controls or
    31  who has the duty to manage or control  the  operation  of  a  trampoline
    32  park.
    33    8.  "participant"  shall  mean an individual that uses trampoline park
    34  equipment.
    35    9. "trampoline bed" shall mean the flexible surface of a trampoline on
    36  which a user jumps or bounces.
    37    10. "trampoline court"  shall  mean  an  area  of  a  trampoline  park
    38  comprising:
    39    (a) multiple commercial trampolines; or
    40    (b)  at  least  one  commercial trampoline and at least one associated
    41  foam or inflatable bag pit.
    42    11. "trampoline park" shall mean a place of business that  offers  the
    43  recreational use of a trampoline court for a fee.
    44    §  221.  Business license required. 1. To operate a trampoline park in
    45  this state, the operator of a trampoline park shall obtain and  maintain
    46  a  license  issued  by  the  department  pursuant to this section.   The
    47  department may, in its discretion, issue a license to operate a  trampo-
    48  line  park,  subject  to  the provisions hereof, to any person or corpo-
    49  ration duly incorporated, or limited liability company authorized, under
    50  the laws of the state of New York.
    51    2. A prospective licensee shall submit to the department proof that it
    52  can furnish suitable premises, as determined by the secretary of  state,
    53  in which such trampoline park may operate.
    54    3.  The  department  may  impose  fees  on  an operator to recover the
    55  state's costs of regulation under this article.
    56    § 221-a. Exemptions. This article shall not apply to:
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     1    1. a playground that a school or local government operates, if:
     2    (a) the playground is an incidental amenity; and
     3    (b)  the operating entity does not primarily derive revenue from oper-
     4  ating the playground for a fee;
     5    2. a gymnastics, dance, cheer, or tumbling facility where:
     6    (a) the majority of activities are based in training or rehearsal  and
     7  not recreation;
     8    (b)  the  facility derives at least eighty percent of revenues through
     9  supervised instruction or classes; and
    10    (c) the student-coach or student-instructor ratio  is  based  on  age,
    11  skill level, and number of students; or
    12    3.  equipment used exclusively for exercise, an inflatable ride, or an
    13  inflatable bounce house.
    14    § 222. License suspension or revocation. 1. Except as provided in this
    15  section, a violation of this article is grounds for  the  department  to
    16  suspend or revoke the operator's business license.
    17    2.  The  department may not suspend or revoke a license under subdivi-
    18  sion one of this section unless:
    19    (a) the department provides the operator with at least sixty  days  to
    20  cure the violation that is the grounds for the action in accordance with
    21  the policy described in subdivision three of this section; or
    22    (b)  regardless  of  the  operator  curing a violation as described in
    23  paragraph (a) of this subdivision, the violation repeats.
    24    3. The department shall define  the  reasonable  opportunity  to  cure
    25  violations described in paragraph (a) of subdivision two of this section
    26  by  creating  a  generally  applicable policy that identifies a standard
    27  timeline and process for curing a violation.
    28    § 223. Compliance with industry standards. A trampoline park  operator
    29  shall:
    30    1.  ensure  that  the trampoline park complies with industry standards
    31  regarding:
    32    (a) signage and notification for proper use of  the  trampoline  park,
    33  safety procedures, and education of risk;
    34    (b)  equipment and facilities, including materials, layout, condition,
    35  and maintenance;
    36    (c)  staff  training,  including  safety  procedures   and   emergency
    37  response;
    38    (d) participant activities and behaviors that should be restricted;
    39    (e)  separation  of  participants  within the trampoline park based on
    40  age, size, or other necessary factors;
    41    (f) operational issues, including  maintenance  and  injury  logs  and
    42  emergency response plans;
    43    (g) staff supervision and monitoring of activities; and
    44    (h)  statistical  tracking  of  injuries  in  a  manner  that does not
    45  personally identify the injured participant; and
    46    2. notify the department within forty-eight hours of  any  changes  in
    47  status to any requirement under this section.
    48    §  224.  Trampoline park employee training, equipment and supervision.
    49  An operator shall:
    50    1. ensure that during all hours of operation the trampoline  park  has
    51  an operable automated external defibrillator;
    52    2. ensure that all employees are certified in first aid and CPR;
    53    3.  ensure  that  all participants are instructed by an employee about
    54  the potential risks and safety guidelines;
    55    4. require that trampoline park employees monitor the trampoline court
    56  and participants during all hours of operation;
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     1    5. ensure that the number of trampoline park  employees  described  in
     2  subdivision  four  of  this section is adequate to view each area of the
     3  trampoline court; and
     4    6. prominently display throughout the trampoline park contrasted safe-
     5  ty,  warning, advisory, and instructional signage reflecting the trampo-
     6  line park's rules.
     7    § 225. Reporting of injuries; emergency response plan. 1. An  operator
     8  shall  develop,  implement,  and follow an in-house injury reporting and
     9  emergency response plan for injuries.
    10    2. The operator shall retain any records related to the injury report-
    11  ing system and emergency response plan described in subdivision  one  of
    12  this section.
    13    3.  The  operator  shall make available to the department of health or
    14  the local health department, upon request:
    15    (a) the information contained in the injury reporting system described
    16  in subdivision one of this section; and
    17    (b) the records described in subdivision two of this section.
    18    § 226. Annual certification to the department. 1.  A  trampoline  park
    19  operator  shall  provide the certifications described in subdivision two
    20  of this section:
    21    (a) at the time a trampoline park operator applies to a department  to
    22  renew a business license to operate a trampoline park; and
    23    (b)  if  the  term  of  the license described in paragraph (a) of this
    24  subdivision exceeds one year, at least once per calendar year.
    25    2. In accordance with subdivision one of this  section,  a  trampoline
    26  park  operator  shall certify compliance with this article by submitting
    27  to the department:
    28    (a) an  inspection  certificate  described  in  subdivision  three  of
    29  section two hundred twenty-seven of this article; and
    30    (b)  the  certification  of  insurance described in subdivision two of
    31  section two hundred twenty-eight of this article.
    32    § 227. Inspection. A trampoline park operator shall:
    33    1. ensure that an inspector conducts an inspection of  the  facilities
    34  and  records  of  the trampoline park at least once per calendar year to
    35  certify compliance with:
    36    (a) industry safety standards, including each  category  of  standards
    37  described in section two hundred twenty-three of this article; and
    38    (b) this article, including safety standards described in sections two
    39  hundred twenty-four and two hundred twenty-five of this article;
    40    2. during the inspection described in subdivision one of this section,
    41  provide the inspector with:
    42    (a) proof that the trampoline court is maintained in good repair;
    43    (b) an emergency response plan; and
    44    (c)  maintenance,  inspection, staff member training, and injury logs;
    45  and
    46    3.  obtain  from  the  inspector  a  written  report  documenting  the
    47  inspection and a certificate certifying that:
    48    (a)  the  trampoline  park  has  successfully  passed  the  inspection
    49  described in this section; and
    50    (b) the trampoline park is in full compliance with this article.
    51    § 228. Insurance. A trampoline park operator shall:
    52    1. maintain insurance providing liability coverage  of  at  least  one
    53  million  dollars  in the aggregate and five hundred thousand dollars per
    54  incident to cover injuries to participants arising out of any negligence
    55  or  misconduct  by  the  trampoline  park  operator  or  staff  in   the
    56  construction, maintenance, or operation of the trampoline park;
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     1    2.  maintain  a certificate of insurance demonstrating compliance with
     2  this section; and
     3    3.  notify  the  the department within twenty-four hours of the lapse,
     4  expiration, or cancellation of the insurance  described  in  subdivision
     5  one of this section.
     6    §  228-a.  Claims for inherent risks. Notwithstanding anything in this
     7  article to the contrary, if a participant makes a claim against an oper-
     8  ator for an injury resulting from an inherent risk:
     9    1. the operator may raise as a defense the operator's compliance  with
    10  sections  two  hundred  twenty-three,  two  hundred  twenty-four and two
    11  hundred twenty-five of this article; and
    12    2. the factfinder shall consider, in accordance with section  fourteen
    13  hundred  eleven  of  the  civil  practice  law and rules, the operator's
    14  compliance described in subdivision one of this section.
    15    § 2. This act shall take effect on the one hundred twentieth day after
    16  it shall have become a law.  Effective immediately, the addition, amend-
    17  ment and/or repeal of any rule or regulation necessary for the implemen-
    18  tation of this act on its effective date are directed  to  be  made  and
    19  completed on or before such effective date.