Authorizes the enactment of local laws regarding playground equipment and requires the use of a temperature test on playground equipment installed by municipalities.
STATE OF NEW YORK
________________________________________________________________________
970
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. KELLNER, BENEDETTO, AUBRY, PHEFFER, ROBINSON,
ROSENTHAL, GOTTFRIED, MAISEL, WEPRIN -- Multi-Sponsored by -- M. of A.
GIBSON, GLICK, JEFFRIES, MARKEY, MAYERSOHN, SCARBOROUGH -- read once
and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to authorizing the
enactment of local laws regarding playground equipment and requiring
the use of a temperature test on playground equipment installed by
municipalities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "playground
2 equipment safety act".
3 § 2. Section 399-dd of the general business law, as added by chapter
4 519 of the laws of 2006, is relettered section 399-ff and amended to
5 read as follows:
6 § 399-ff. Construction or installation of playground or playground
7 equipment. 1. Definitions relative to playground safety. For the
8 purposes of this section[, the term]:
9 (a) "playground" means an improved area designed, equipped, and set
10 aside for play of six or more children which is not intended for use as
11 an athletic playing field or athletic court, and shall include any play
12 equipment, surfacing, fencing, signs, internal pathways, internal land
13 forms, vegetation, and related structures[.]; and
14 (b) "municipality" means a city, village, county or town; and
15 (c) "temperature testing" means the measurement of the temperature of
16 playground equipment, material or surface, including safety surfacing,
17 that may come into contact with the skin of a user in the normal course
18 of use of a playground pursuant to a method developed by the consumer
19 protection board, in consultation with the department of health.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00592-01-1
A. 970 2
1 2. The consumer protection board, in consultation with the office of
2 parks, recreation and historic preservation, shall promulgate rules and
3 regulations for the design, installation, inspection and maintenance of
4 playgrounds and playground equipment. Those regulations shall substan-
5 tially comply with the guidelines and criteria which are contained in
6 the handbook for public playground safety produced by the United States
7 consumer products safety commission or any successor. The rules and
8 regulations shall include special provisions for playgrounds appropriate
9 for children within the range of ages in day care settings.
10 3. (a) No person, firm, corporation, or other legal entity which
11 constructs, assembles or installs a playground or playground equipment
12 shall construct, assemble, or install in this state such playground or
13 playground equipment unless such playground or playground equipment
14 shall conform to the requirements of those rules and regulations promul-
15 gated pursuant to this section.
16 (b) Playgrounds or playground equipment constructed upon one, two and
17 three-family residential real property are exempt from the requirements
18 of this section.
19 4. The consumer protection board, in consultation with the department
20 of health, shall:
21 (a) develop a method for the temperature testing of playground equip-
22 ment, materials and surfaces, including safety surfacing, and shall
23 promulgate rules and regulations relating to such testing. Such method
24 shall incorporate relevant variables and factors, including, but not
25 limited to, the average air temperature during the months of May, June,
26 July, August and September, the average amount and intensity of sunlight
27 that may affect the temperature of playground equipment, materials and
28 surfaces, including safety surfacing, and variations in temperature and
29 sunlight exposure at different times of the day; and
30 (b) establish a maximum potential temperature standard for playground
31 equipment, materials and surfaces, including safety surfacing, that
32 shall represent the temperature at which such equipment, materials and
33 surfaces may pose a risk of burning the exposed skin of a user in the
34 normal course of use of a playground.
35 5. Any municipality that constructs, installs or maintains playgrounds
36 or playground equipment, shall promulgate rules and regulations for the
37 design, installation, inspection and maintenance of playgrounds main-
38 tained by such municipality. Provided, however, that this subdivision
39 shall not apply to playground equipment installed on or before the
40 effective date of the chapter of the laws of two thousand eleven which
41 added this subdivision in municipalities other than a city having a
42 population of one million or more. Such rules and regulations shall
43 include provisions that:
44 (a) require, as part of the design of any new playground, and prior to
45 the installation of any new playground equipment, materials or surfaces,
46 including safety surfacing, the performance of an analysis of the poten-
47 tial for such playground equipment, materials or surfaces to exceed the
48 maximum potential temperature standard promulgated by the consumer
49 protection board;
50 (b) require, as part of such municipality's playground inspection and
51 maintenance procedures, the performance of temperature testing for
52 equipment, materials and surfaces installed in playgrounds, including
53 safety surfacing. In cities having a population of one million or more
54 inhabitants, the local department of parks and recreation shall commence
55 temperature testing pursuant to this section no later than May first,
56 two thousand twelve pursuant to the method of temperature testing
A. 970 3
1 adopted by the consumer protection board. In a municipality having a
2 population of less than one million inhabitants, such municipality shall
3 commence temperature testing pursuant to this section no later than May
4 first, two thousand thirteen pursuant to the method of temperature test-
5 ing adopted by the consumer protection board; and
6 (c) specify procedures for the mitigation of any significant health
7 hazards identified during any inspection, including, but not limited to,
8 hazards that pose a risk of burning exposed skin based on the maximum
9 potential temperature standard promulgated by the consumer protection
10 board.
11 6. Whenever the attorney general shall believe from evidence satisfac-
12 tory to him that any person, firm, corporation or association or agent
13 or employee thereof has violated any provision of this section, he may
14 bring an action in the supreme court of the state of New York for a
15 judgment enjoining the continuance of such violation and for a civil
16 penalty of not more than one thousand dollars for each violation, except
17 that the court may impose a civil penalty of not more than ten thousand
18 dollars if the violation is knowing and willful. If it shall appear to
19 the satisfaction of the court or justice that the defendant has violated
20 any provision of this section, no proof shall be required that any
21 person has been injured thereby nor that the defendant knowingly or
22 intentionally violated such provision. In such action preliminary relief
23 may be granted under article sixty-three of the civil practice law and
24 rules. Before any violation of this section is sought to be enjoined,
25 the attorney general shall be required to give the person against whom
26 such proceeding is contemplated notice by certified mail and an opportu-
27 nity to show in writing within five business days after receipt of
28 notice why proceedings should not be instituted against him, unless the
29 attorney general shall find, in any case in which he seeks preliminary
30 relief, that to give such notice and opportunity is not in the public
31 interest.
32 § 3. This act shall take effect on the thirtieth day after it shall
33 have become a law.
