Establishes requirements for trampoline parks including requirements regarding registration, compliance with industry standards, employee training, inspection, and insurance.
STATE OF NEW YORK
________________________________________________________________________
6600
2019-2020 Regular Sessions
IN SENATE
June 18, 2019
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
22 (b) is used for recreational jumping, springing, bouncing, acrobatics,
23 or gymnastics in a trampoline park.
24 2. "department" shall mean the department of state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11073-04-9
S. 6600 2
1 3. "emergency response plan" shall mean a written plan of action for
2 the reasonable and appropriate contact, deployment, and coordination of
3 services, agencies, and personnel to provide the earliest possible
4 response to an injury or emergency as approved by the department.
5 4. "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;
11 (c) determine whether the trampoline park complies with safety stand-
12 ards and protocols as determined by the department; and
13 (d) determine whether the trampoline park's policies, safeguards, and
14 procedures comply with this article.
15 5. "inspector" shall mean an individual who:
16 (a) conducts an inspection of a trampoline park to certify compliance
17 with this article and industry safety standards as approved by the
18 department; and
19 (b) (i) is certified by:
20 (A) an organization, approved by the department, that develops and
21 publishes consensus standards for a wide range of materials, products,
22 systems, and services that are used for trampolines; or
23 (B) an organization, approved by the department, that promotes trampo-
24 line park safety and adopts the standards approved by the department;
25 (ii) represents the insurer of the trampoline park and is approved by
26 the department;
27 (iii) represents or is certified by the department that:
28 (A) inspects amusement and recreational facilities and equipment; and
29 (B) certifies and trains professional private industry inspectors
30 through written testing and continuing education requirements; or
31 (iv) represents an organization that the United States Olympic Commit-
32 tee designates as the national governing body for gymnastics and is
33 approved by the department.
34 6. "operator" shall mean a person who manages, or controls or who has
35 the duty to manage or control the operation of a trampoline park.
36 7. "owner" shall mean a person, corporation, partnership or associ-
37 ation who owns a commercial trampoline park.
38 8. "participant" shall mean an individual that uses trampoline park
39 equipment.
40 9. "trampoline bed" shall mean the flexible surface of a trampoline on
41 which a user jumps or bounces.
42 10. "trampoline court" shall mean an area of a trampoline park
43 comprising:
44 (a) multiple commercial trampolines; or
45 (b) at least one commercial trampoline and at least one associated
46 foam or inflatable bag pit.
47 11. "trampoline park" shall mean a place of business that offers the
48 recreational use of a trampoline court for a fee or charge for admission
49 to the trampoline park.
50 § 221. Business permits. No trampoline park may operate in the state
51 without a permit issued by the department except as provided in section
52 two hundred twenty-one-a of this article. Such permits are not transfer-
53 able and if any permit holder voluntarily discontinues operation of the
54 trampoline park, then all rights secured under the permit are termi-
55 nated.
S. 6600 3
1 1. Before commencement of the operation of a trampoline park the owner
2 shall make an application to the department for a permit to operate,
3 which shall be accompanied by an annual nonrefundable fee of two hundred
4 dollars. The permit shall be valid for a period of one year.
5 2. A permit to operate shall be issued to the owner of a trampoline
6 park when:
7 (a) a completed application has been made to the department;
8 (b) the trampoline park has passed all required inspections; and
9 (c) the liability insurance or bond required by section two hundred
10 twenty-eight of this article has been met in the amount prescribed.
11 3. The department may revoke any permit issued pursuant to this arti-
12 cle if it is determined that a trampoline park is:
13 (a) being used or operated without the inspections required by this
14 article;
15 (b) being used or operated without the insurance or other security of
16 this article; or
17 (c) being used or operated in a manner not recommended by the manufac-
18 turer, or out of compliance with department approved trampoline park
19 policies, safeguards and procedures which presents risk of serious inju-
20 ry to participants or members of the public.
21 4. The department shall maintain an on-line statewide registry of
22 permitted trampoline parks and a record of safety violations.
23 § 221-a. Exemptions. This article shall not apply to:
24 1. a playground that a school or local government operates, if:
25 (a) the playground is an incidental amenity; and
26 (b) the operating entity does not primarily derive revenue from oper-
27 ating the playground for a fee;
28 2. a gymnastics, dance, cheer, or tumbling facility where:
29 (a) the majority of activities are based in training or rehearsal and
30 not recreation;
31 (b) the facility derives at least eighty percent of revenues through
32 supervised instruction or classes; and
33 (c) the student-coach or student-instructor ratio is based on age,
34 skill level, and number of students as determined by the department; or
35 3. equipment used exclusively for exercise, an inflatable ride, or an
36 inflatable bounce house.
37 § 222. Permit suspension or revocation. 1. Except as provided in this
38 section, a violation of this article is grounds for the department to
39 suspend or revoke the owner's business permit.
40 2. The department may not suspend or revoke a permit under subdivision
41 one of this section unless:
42 (a) the department provides the operator with at least thirty days to
43 cure the violation that is the grounds for the action in accordance with
44 the policy described in subdivision three of this section; or
45 (b) regardless of the operator curing a violation as described in
46 paragraph (a) of this subdivision, the violation repeats.
47 3. The department shall define the reasonable opportunity to cure
48 violations described in paragraph (a) of subdivision two of this section
49 by creating a generally applicable policy that identifies a standard
50 timeline and process for curing a violation.
51 § 223. Compliance with industry standards. A trampoline park owner
52 shall:
53 1. ensure that the trampoline park complies with departmental stand-
54 ards developed in conjunction with industry safety organizations regard-
55 ing:
S. 6600 4
1 (a) signage and notification for proper use of the trampoline park,
2 safety procedures, and education of risk as provided for in section two
3 hundred twenty-eight-a of this article;
4 (b) equipment and facilities, including materials, layout, condition,
5 and maintenance;
6 (c) staff training, including safety procedures and emergency
7 response;
8 (d) participant activities and behaviors that should be restricted;
9 (e) separation of participants within the trampoline park based on
10 age, size, or other necessary factors;
11 (f) operational issues, including maintenance and injury logs and
12 emergency response plans;
13 (g) staff supervision and monitoring of activities;
14 (h) statistical tracking of injuries in a manner that does not
15 personally identify the injured participant; and
16 (i) appropriate insurance coverage; and
17 2. notify the department within forty-eight hours of any changes in
18 status to any requirement under this section.
19 § 224. Trampoline park employee training, equipment and supervision.
20 An owner and/or operator shall:
21 1. ensure that during all hours of operation the trampoline park has
22 an operable automated external defibrillator;
23 2. ensure that all employees are certified in first aid and CPR;
24 3. ensure that all participants are instructed by an employee about
25 the potential risks and safety guidelines;
26 4. require that trampoline park employees monitor the trampoline court
27 and participants during all hours of operation;
28 5. ensure that the number of trampoline park employees described in
29 subdivision four of this section is adequate to view each area of the
30 trampoline court; and
31 6. prominently display throughout the trampoline park contrasted safe-
32 ty, warning, advisory, and instructional signage reflecting the trampo-
33 line park's rules as provided for in section two hundred twenty-eight-a
34 of this article.
35 § 225. Reporting of injuries; emergency response plan. 1. An owner
36 and/or operator shall develop, implement, and follow an in-house injury
37 reporting and emergency response plan for injuries to employees and
38 participants.
39 2. The owner and/or operator shall retain any records related to the
40 injury reporting system and emergency response plan described in subdi-
41 vision one of this section.
42 3. The owner and/or operator shall make available to the department of
43 health or the local health department, upon request:
44 (a) the information contained in the injury reporting system described
45 in subdivision one of this section; and
46 (b) the records described in subdivision two of this section.
47 § 226. Annual registration to the department. A trampoline park owner
48 shall provide the following information for annual certification at the
49 time such owner applies to the department to renew a business permit to
50 operate a trampoline park:
51 1. an inspection certificate described in this article; and
52 2. the certification of insurance described in section two hundred
53 twenty-eight of this article.
54 § 227. Inspection. A trampoline park owner and/or operator shall:
S. 6600 5
1 1. ensure that an inspector conducts an inspection of the facilities
2 and records of the trampoline park at least once per calendar year to
3 certify compliance with:
4 (a) industry safety standards, including each category of standards
5 described in this article; and
6 (b) safety standards described in this article;
7 (c) proof that the trampoline court is maintained in good repair;
8 (d) an emergency response plan is in place and up-to-date;
9 (e) maintenance, inspection, staff member training, and up-to-date
10 injury logs; and
11 (f) an up-to-date insurance policy is in place; and
12 2. obtain from the inspector a written report documenting the
13 inspection and a certificate certifying that:
14 (a) the trampoline park has successfully passed the inspection
15 described in this section; and
16 (b) the trampoline park is in full compliance with this article.
17 § 228. Insurance. Before the department may issue a permit to the
18 owner of a trampoline park, the owner and/or the trampoline park shall
19 furnish the department with proof that they have purchased insurance. A
20 trampoline park owner shall:
21 1. maintain insurance providing liability coverage of at least one
22 million dollars in the aggregate and five hundred thousand dollars per
23 incident to cover injuries to participants arising out of any negligence
24 or misconduct by the trampoline park owner, operator or staff in the
25 construction, maintenance, or operation of the trampoline park;
26 2. maintain a certificate of insurance demonstrating compliance with
27 this section; and
28 3. notify the the department within twenty-four hours of the lapse,
29 expiration, or cancellation of the insurance described in subdivision
30 one of this section.
31 § 228-a. Required posting of safety guidelines. 1. The owner and/or
32 operator of a trampoline park shall conspicuously post a sign containing
33 safety and instructional rules and guidelines to be followed by partic-
34 ipants while at the trampoline park or using a commercial trampoline.
35 Such sign shall include appropriate behavior and activities at the tram-
36 poline park to minimize potential risks to participants.
37 2. Such signs shall be approved by the department and shall conspicu-
38 ously be displayed near all entrances.
39 3. Such signs shall contain warnings that there are inherent risks in
40 the participation in or on the commercial trampoline, since it is recog-
41 nized that participation in or on the trampoline may be hazardous
42 regardless of all feasible safety measures that can be undertaken by the
43 device owner and/or operator; and that there is a duty for the partic-
44 ipants, or parent or guardian in the case of a minor, to become apprised
45 of the warnings and the risks inherent in participation in or on a
46 commercial trampoline if the warnings are not obeyed.
47 4. Prior to participating in or on such commercial trampolines,
48 participants and parents or guardians in the case of a minor, shall
49 familiarize themselves with the posted safety warnings so that they may
50 make an informed decision of whether to participate in or on the trampo-
51 line notwithstanding the risks.
52 § 228-b. Actions relating to trampoline parks. 1. In any contract or
53 agreement between the operator or owner of a trampoline park and a
54 participant, or parent or guardian in the case of a minor, any portion
55 of the contract or any clause which purports to designate, restrict, or
S. 6600 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.
