NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7250B
TITLE OF BILL: An act to amend the general business law, in relation
to trampoline park safety
To regulate safety procedures towards the trampoline park industry to
address the nationwide increase in injuries to consumers, mostly chil-
SUMMARY OF PROVISIONS:
Section 1. Adds definition to trampoline park safety; business permit
requirement, exemptions, permit suspension or revocation, compliance
with industry standards, trampoline park employee training, equipment
and supervision, reporting of injuries, emergency response plan, annual
certification to the department of state, inspection, insurance,
required safety guidelines, and actions related to trampoline parks.
Section 2. This act shall take effect on the one hundred twentieth day
after it shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is directed to be made
and completers on or before such effective date.
The amends would now require a business permit, not a license. Further
the sections related to inherent risk have been deleted. The amendments
also add two new sections required posting of safety guidelines and
actions relating to trampoline parks.
According to Consumer Product Safety Commission there has been a major
spike in injuries associated with trampoline parks nationwide. In 2013
there were 2,500 reported injuries, 6,200 (2014), 9,100 (2015), 11,300
(2016), 17,800 (2017). In the last few years, emergency room visits
caused by trampoline park injuries has skyrocketed. According to the
Consumer Product Safety Commission, the numbers have shot up from 2,500
in 2013 to almost 18,000 in 2017.
The state of Utah recently passed a new law to try to make trampoline
parks safer. Utah joins at least seven other states requiring more over-
sight from insurance companies and annual inspections. In the U S.,
trampoline parks operate without any federal oversight.
Contained in the report, Don McPherson has coached gymnastics for more
than 40 years. Since 2011 he's been an expert witness in more than 200
plaintiff cases against trampoline parks. He said the injuries they can
cause are life-altering. "Broken necks, broken backs, dislocated and
open-fractured elbows, shoulders, they're all catastrophic injuries.
McPherson said the danger lies in the design. Several trampolines are
connected with steel cables or chain links under thin padding. As people
jump, waves of energy are generated in all directions, which can cause
those 'double bounces' that can end in high-impact collisions. They're
moving at speeds and with energy that when they hit or get hit by some-
body else that's twice their weight, they end up with crush injuries."
In response to the deaths and injuries, the International Association of
Trampoline Parks told CBS News: "There are parks that do not adhere to
industry technical standards, and do not operate with safety at the
forefront of their agendas." The group has launched an initiative to
require third-party inspections to ensure the safest experience possi-
ble. This legislation intent is to regulate the trampoline park industry
and increase the safety standards for families in New York State.
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is directed to be made and completed
on or before such effective date.
STATE OF NEW YORK
2019-2020 Regular Sessions
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
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-
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.
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
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
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-
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
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
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-
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
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
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.