S T A T E O F N E W Y O R K
________________________________________________________________________
174
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to enhanced safety regu-
lations on rides at amusement parks, carnivals, and fairs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 870-e of the labor law, as amended by chapter 643
2 of the laws of 1986, subdivisions 1 and 2 as amended and subdivisions
3 2-b and 2-c as added by chapter 574 of the laws of 1989, subdivision 2-a
4 as amended and subdivision 6 as added by chapter 368 of the laws of
5 2006, is amended to read as follows:
6 S 870-e. Inspections. Before a permit may be issued as provided in
7 section eight hundred seventy-d of this article, an inspection of the
8 amusement device, viewing stand or tent shall be made in compliance with
9 the procedures set by the commissioner. Such inspection shall have been
10 conducted within [one year] TWO MONTHS prior to the permit application,
11 unless such period shall have been extended by operation of subdivision
12 four of this section.
13 1. In the case of a permanent device, viewing stand or tent, the
14 amusement device, viewing stand or tent [must] SHALL be inspected by the
15 commissioner or his authorized representative, or in the city of New
16 York, by the building department, at the time of application for the
17 initial permit. In the case of an amusement device deemed by the commis-
18 sioner to normally be operated at speeds or with movements creating
19 severe centrifugal forces, the owner or operator making the permit
20 application for such device shall have available for inspection such
21 recommended maintenance and safety schedules or requirements as are
22 supplied by the manufacturer of the device. An initial operating permit
23 shall not be granted in the absence of these documents. Thereafter, the
24 amusement device, viewing stand or tent [must] SHALL be inspected at
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03179-01-5
A. 174 2
1 least [annually] EVERY TWO MONTHS by a licensed architect, professional
2 engineer, qualified inspector of an insurance underwriter, or an inspec-
3 tor approved by the commissioner as a requirement for the issuance of
4 each subsequent permit. Such inspection shall at minimum comply with the
5 requirements of the commissioner, provided that for amusement devices,
6 at the time of each such [annual] TWO MONTH inspection, the owner or
7 operator of such device shall have available for inspection such recom-
8 mended maintenance and safety schedules or requirements as are supplied
9 by the manufacturer of the device and shall have available documentation
10 that such maintenance and testing as are called for by the device
11 manufacturer have been performed during the term covered by the previous
12 operating permit. No subsequent operating permit shall be granted in the
13 absence of these documents. An affidavit of the [annual] TWO MONTH
14 inspection shall be filed with the commissioner.
15 2. In the case of a temporary device, viewing stand or tent, upon
16 first entry into the state, the amusement device, viewing stand or tent
17 [must] SHALL be inspected by the commissioner or his authorized repre-
18 sentative for the permit to be issued. In the case of a temporary amuse-
19 ment device deemed by the commissioner to normally operate at speeds or
20 with movements creating severe centrifugal forces the owner or operator
21 making the permit application for such device shall have available for
22 inspection such recommended maintenance and safety schedules or require-
23 ments as are supplied by the manufacturer of the device. An operating
24 permit shall not be granted in the absence of these documents. There-
25 after, the amusement device, viewing stand or tent [must] SHALL be
26 inspected at least [annually] EVERY TWO MONTHS by a licensed architect,
27 professional engineer, qualified inspector of an insurance underwriter,
28 or an inspector approved by the commissioner as a requirement for the
29 issuance of each subsequent permit. Such inspection shall at minimum
30 comply with the requirements of the commissioner, provided that for
31 amusement devices, at the time of each such [annual] TWO MONTH
32 inspection, the owner or operator of such device shall have available
33 for inspection such recommended maintenance and safety schedules or
34 requirements as are supplied by the manufacturer of the device and shall
35 have available documentation that such maintenance and testing as are
36 called for by the device manufacturer have been performed during the
37 term covered by the previous operating permit. No subsequent operating
38 permit shall be granted in the absence of these documents. An affidavit
39 of the [annual] TWO MONTH inspection shall be filed with the commission-
40 er.
41 2-a. Where such maintenance and safety schedules as are called for in
42 subdivisions one and two of this section do not exist or are not avail-
43 able due to circumstances beyond the control of the owner or operator of
44 an amusement device, the owner or operator shall, within six months of
45 the discovery of the unavailability of such standards, submit to the
46 commissioner a proposed schedule of maintenance for that amusement
47 device consistent with the standards for the testing and maintenance of
48 such devices established in accordance with the rules and regulations
49 promulgated pursuant to subdivision six of this section and shall hence-
50 forth be the schedule with which the owner or operator [must] SHALL
51 comply to qualify for [annual] TWO MONTH operating permits.
52 2-b. None of the provisions contained in subdivision two-a of this
53 section shall be interpreted as to prevent the owner or operator of an
54 amusement device from receiving [an annual] A TWO MONTH permit to oper-
55 ate such device during the proposed maintenance schedule submission
56 process described in such subdivision provided that such owner or opera-
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1 tor meets all the requirements for [an annual] A TWO MONTH operating
2 permit as they exist prior to the effective date of this subdivision.
3 2-c. The owner or operator of an amusement device shall conspicuously
4 post a sign containing safety guidelines to be followed by patrons while
5 on or in the amusement device and behavior or activities which are
6 prohibited as threats either to the patrons themselves, other patrons or
7 the general public. Such signs shall contain warnings that there are
8 inherent risks in the participation in or on the amusement device, since
9 it is recognized that participation in or on the device may be hazardous
10 regardless of all feasible safety measures that can be undertaken by the
11 device owner or operator; and that there is a duty for the patrons to
12 become apprised of the warnings and the risks inherent in participation
13 in or on the amusement device if the warnings are not obeyed. Prior to
14 participating in or on such amusement device, patrons shall familiarize
15 themselves with the posted safety warnings so that they may make an
16 informed decision of whether to participate in or on the device notwith-
17 standing the risks.
18 3. In the case of an amusement device, viewing stand or tent which is
19 substantially rebuilt or substantially modified so as to change the
20 structure, mechanism, or capacity of the device, viewing stand or tent,
21 the owner or lessee shall give written notice to the commissioner who
22 shall cause the device, viewing stand or tent to be inspected prior to
23 the time in which it is put into operation and who shall cause any
24 current permit to be updated so as to include any modifications made to
25 the device, viewing stand or tent.
26 4. In the event an operator is unable to secure an inspection by his
27 insurance carrier within [one year] TWO MONTHS from the date of the
28 previous inspection, such previous inspection shall be deemed valid for
29 purposes of this article for a period of thirty additional days,
30 provided such operator made an inspection request to his insurance
31 carrier at least sixty days prior to the inspection anniversary date.
32 5. No amusement device, viewing stand or tent which fails to pass an
33 inspection shall be operated for public use until it has passed a subse-
34 quent inspection.
35 6. The commissioner shall, in consultation with the carnival, fair and
36 amusement park safety advisory board as established under section eight
37 hundred seventy-n of this article, [as added by a chapter of the laws of
38 two thousand six,] establish rules and regulations providing standards
39 for the design, manufacture, testing, inspection, quality assurance and
40 terminology of amusement devices. The rules and regulations established
41 pursuant to this subdivision shall be consistent with the national stan-
42 dards for amusement devices, as established by the American Society of
43 Testing and Materials.
44 7. THE COMMISSIONER IS AUTHORIZED TO IMPLEMENT A PROGRAM OF RANDOM
45 AUDITS OR UNANNOUNCED INSPECTIONS FOR COMPLIANCE WITH INSPECTION
46 REQUIREMENTS AND/OR THE PROVISIONS IN THIS SECTION.
47 8. AN AMUSEMENT DEVICE SHALL BE INSPECTED AND TESTED EACH DAY WHEN IT
48 IS INTENDED TO BE USED.
49 9. THE INSPECTION AND TEST SHALL BE PERFORMED BY A PERSON EXPERIENCED
50 AND INSTRUCTED IN THE PROPER OPERATION OF THE DEVICE AND SHALL BE
51 PERFORMED BEFORE THE DEVICE IS PUT INTO NORMAL OPERATION.
52 10. THE INSPECTION AND TEST SHALL INCLUDE THE OPERATION OF CONTROL
53 DEVICES, SPEED-LIMITING DEVICES, BRAKES AND OTHER EQUIPMENT PROVIDED FOR
54 SAFETY. A RECORD OF EACH INSPECTION AND TEST SHALL BE MADE AT ONCE UPON
55 COMPLETION OF THE TEST ON A FORM PROVIDED BY THE COMMISSIONER OR ON A
56 FORM APPROVED BY THE COMMISSIONER WITH THE INFORMATION REQUIRED BY THIS
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1 SECTION AND SHALL BE KEPT WITH THE DEVICE AND AVAILABLE TO THE COMMIS-
2 SIONER FOR AT LEAST THIRTY DAYS.
3 11. THIS DAILY MAINTENANCE INSPECTION LOG SHALL BE KEPT FOR EACH RIDE
4 AND SHALL BE SIGNED BY THE INDIVIDUAL CONDUCTING THE INSPECTION. THE
5 INSPECTION ENTRY SHALL INCLUDE, BUT NOT BE LIMITED TO: THE NAME OF THE
6 RIDE; THE PRINTED NAME OF THE INDIVIDUAL REVIEWING THE INSPECTION LOG;
7 THE SIGNATURE OF THE INDIVIDUAL REVIEWING THE INSPECTION LOG; THE DATE
8 AND TIME OF THE INSPECTION; A SUMMARY OF DEFICIENCIES FOUND AND
9 CORRECTED DURING THE INSPECTION OF THE AMUSEMENT DEVICE; THE RESULT OF
10 THE MAINTENANCE INSPECTION. IF THE RIDE HAS BECOME NON-OPERATIONAL FOR
11 ANY PERIOD OF TIME AND AT THE DISCRETION OF THE OWNER, THE OPERATOR
12 SHALL PERFORM A RE-INSPECTION AND DOCUMENT THEIR FINDINGS IN THE
13 INSPECTION LOG BEFORE PLACING THE RIDE INTO OPERATION AGAIN. THE OPERA-
14 TOR INSPECTION LOG SHALL INCLUDE, BUT NOT BE LIMITED TO: THE NAME OF THE
15 RIDE BEING INSPECTED; THE LEGIBLE NAME AND SIGNATURE OF THE PERSON
16 COMPLETING THE LOG; THE DATE OF THE INSPECTION; A DETAILED LIST AND
17 DESCRIPTION OF ALL ITEMS BEING CHECKED; AND DETAILS OF TESTING WITHIN
18 THE TIMEFRAME SPECIFIED IN THE OPERATING MANUAL OF ALL CONTROL DEVICES,
19 SPEED-LIMITING DEVICES, BLOCK SYSTEM, EMERGENCY BRAKES, AUTOMATIC AND
20 MANUAL LOWERING DEVICES AND ANY OTHER EQUIPMENT PROVIDED FOR SAFETY.
21 S 2. The labor law is amended by adding a new section 870-p to read as
22 follows:
23 S 870-P. OPERATIONS. 1. AMUSEMENT DEVICES SHALL BE OPERATED SOLELY BY
24 COMPETENT OPERATORS AT LEAST EIGHTEEN YEARS OF AGE. EMPLOYERS SHALL
25 CHECK PROSPECTIVE OPERATORS' IDENTIFICATIONS BEFORE HIRING OPERATORS.
26 2. EVERY OPERATOR SHALL HAVE KNOWLEDGE OF THE USES AND FUNCTIONS OF
27 ALL NORMAL AND EMERGENCY OPERATING CONTROLS AND OF THE PROPER USE OF THE
28 AMUSEMENT DEVICES. OWNERS SHALL ENSURE THAT A RIDE OPERATOR HAS READ AND
29 UNDERSTANDS THE MANUFACTURERS' RECOMMENDATIONS FOR THE OPERATION OF THE
30 RIDES AND, IF APPLICABLE, ANY OPERATIONS MANUALS PROVIDED BY THE OWNERS;
31 KNOWS THE SAFETY-BASED LIMITATIONS REGARDING WHO MAY RIDE THE RIDES; IS
32 WELL VERSED ON EMERGENCY PROCEDURES; HAS ADEQUATE TRAINING TO OPERATE
33 THE RIDES; KNOWS HOW TO CONDUCT THE RIDE CHECKS AS REQUIRED BY THE
34 MANUFACTURERS; KNOWS HOW TO VERIFY THAT THE DAILY MAINTENANCE INSPECTION
35 LOG HAS BEEN COMPLETED PRIOR TO OPERATING THE RIDE; AND HAS KNOWLEDGE OF
36 THE USE AND FUNCTION OF ALL NORMAL AND EMERGENCY OPERATING CONTROLS AND
37 THE PROPER USE OF THE RIDES.
38 3. AN OPERATOR SHALL NOT LEAVE THE RIDES UNATTENDED WITHOUT DISABLING
39 THE CONTROLS SO THAT THE RIDES CANNOT BE STARTED BY UNAUTHORIZED
40 PERSONS. IF THE RIDES ARE LEFT UNATTENDED AND DISABLED DURING AN OPERA-
41 TIONAL DAY, THE OPERATOR, UPON RETURNING, SHALL RUN A COMPLETE CYCLE OF
42 THE RIDE, PRIOR TO RE-OPENING THE RIDE.
43 4. THE OPERATOR SHALL CHECK EACH AND EVERY RESTRAINT, CONSTRAINT,
44 SEATBELT, LAP BAR AND ANY OTHER DEVICE USED IN SECURING RIDERS INTO A
45 VEHICLE INDIVIDUALLY TO ASSURE THAT IT IS LOCKED PROPERLY AND THAT THE
46 RIDER FITS PROPERLY IN THE SAFETY SYSTEM.
47 5. THE OPERATOR OR OPERATOR'S ASSISTANT SHALL CHECK THE HEIGHT, WEIGHT
48 OR SIZE OF RIDERS, AS APPLICABLE WITH THE HEIGHT MARK, SCALE OR OTHER
49 MEANS OF MEASUREMENT PROVIDED BY THE OWNER. WHEN THE WEIGHT OF A RIDER
50 IS USED TO DETERMINE ENTRY TO OR USE OF A RIDE, AN ACCURATE SCALE SHALL
51 BE PROVIDED. WHEN RIDERS ARE OF DISPARATE SIZES, RIDERS SHALL BE PLACED
52 IN THE RIDE SUCH THAT ANY ACTION CAUSED BY CENTRIFUGAL FORCES SHALL PUSH
53 THE WEIGHT OF THE LIGHTER RIDER INTO THE HEAVIER RIDER.
54 6. AN OPERATOR SHALL BE IN THE IMMEDIATE VICINITY OF THE OPERATING
55 CONTROLS DURING OPERATION AND NO OTHER PERSON SHALL BE SUFFERED OR
56 PERMITTED TO HANDLE SUCH CONTROLS DURING NORMAL OPERATION. NO OPERATOR
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1 SHALL BE RESPONSIBLE FOR THE OPERATION OF MORE THAN ONE AMUSEMENT DEVICE
2 AT A TIME.
3 7. OWNERS SHALL CONDUCT CRIMINAL HISTORY INQUIRIES ON ALL INDIVIDUALS
4 WHO ARE CURRENTLY EMPLOYED OR SEEKING EMPLOYMENT AS A CERTIFIED MAINTE-
5 NANCE MECHANIC, MAINTENANCE TECHNICIAN, RIDE OPERATOR, OR OPERATOR
6 ASSISTANT.
7 8. OPERATORS MAY NOT OPERATE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
8 9. THE OWNER SHALL INSTRUCT ALL OPERATORS TO GIVE THEIR FULL ATTENTION
9 TO ANY RIDE THEY OPERATE, AND OPERATORS MAY NOT LISTEN TO ELECTRONIC
10 DEVICES OR ENGAGE IN HANDHELD ELECTRONIC DEVICES WHILE OPERATING ANY
11 RIDE, UNLESS SUCH DEVICES ARE RELATED TO JOB PERFORMANCE.
12 10. THE OPERATOR AND ALL OPERATOR ASSISTANTS SHALL HAVE A COMPLETE
13 KNOWLEDGE OF THE OPERATION OF THE RESTRAINT SYSTEM, LAP BAR LOCKING
14 SYSTEM, SEATBELTS, AND THE PROPER WAY TO SEAT A RIDER IN A VEHICLE.
15 11. THE OPERATOR AND ALL OPERATOR ASSISTANTS SHALL BE TRAINED TO BE
16 AWARE OF THE MOTIONS AND SOUNDS ATTRIBUTED TO THE NORMAL OPERATION OF
17 THE RIDE. THE OPERATOR SHALL BE FAMILIAR WITH HOW THE RIDE LOOKS WHEN IT
18 IS FUNCTIONING NORMALLY, AND BE ALERT TO ANY UNUSUAL CONDITIONS. IF
19 THERE ARE ANY CHANGES IN THE NORMAL OPERATING CONDITION, OPERATION SHALL
20 CEASE AND THE OWNER SHALL BE CALLED IMMEDIATELY. THE OWNER SHALL DECIDE
21 THE APPROPRIATE ACTION TO BE TAKEN.
22 12. OPERATORS AND OPERATOR ASSISTANTS SHALL KNOW THE WHEREABOUTS OF
23 ALL SAFETY EQUIPMENT SUCH AS FIRE EXTINGUISHERS, EMERGENCY MAIN ELEC-
24 TRICAL DISCONNECT, LOCK-OUT POINT AND NEAREST TELEPHONE FOR ROUTINE OR
25 EMERGENCY ASSISTANCE.
26 S 3. The labor law is amended by adding a new section 870-q to read as
27 follows:
28 S 870-Q. MISCELLANEOUS. 1. EVERY APPLICABLE VENUE SHALL DESIGNATE AN
29 OFFICE OR LOCATION AS A SITE FOR REPORTING ACCIDENTS AND INJURIES. THE
30 DESIGNATED OFFICE OR SITE SHALL BE OPEN AND STAFFED DURING REGULAR BUSI-
31 NESS HOURS AND SHALL BE CLEARLY DESIGNATED IN WRITING. THE OWNER SHALL
32 DESIGNATE AND IDENTIFY MORE THAN ONE SUCH OFFICE OR LOCATION IF NECES-
33 SARY WITHIN THE AMUSEMENT PARK SO THAT NO AREA CONTAINING AMUSEMENT PARK
34 RIDES IS FURTHER THAN REASONABLE WALKING DISTANCE FROM AN OFFICE OR
35 LOCATION.
36 2. A RIDER SHALL NOT BOARD OR ATTEMPT TO BOARD ANY RIDE IF HE OR SHE
37 IS KNOWINGLY OR RECKLESSLY UNDER THE INFLUENCE OF ANY ALCOHOLIC BEVERAGE
38 OR ANY SUBSTANCE THAT AFFECTS HIS OR HER ABILITY TO SAFELY USE THE RIDE
39 AND ABIDE BY THE POSTED AND STATED INSTRUCTIONS.
40 3. THE OPERATOR OF THE AMUSEMENT RIDE MAY PREVENT A RIDER WHO IS
41 PERCEPTIBLY OR APPARENTLY UNDER THE INFLUENCE OF DRUGS OR ALCOHOL FROM
42 RIDING ON AN AMUSEMENT RIDE. AN OPERATOR WHO PREVENTS SUCH A RIDER FROM
43 BOARDING A RIDE IN ACCORDANCE WITH THIS SECTION SHALL NOT BE CRIMINALLY
44 OR CIVILLY LIABLE IF THE OPERATOR HAS A REASONABLE BASIS FOR BELIEVING
45 THAT THE RIDER IS UNDER THE INFLUENCE OF SUCH A SUBSTANCE.
46 4. THE PUBLIC SHALL NOT BE ALLOWED TO ENTER THE AREA IN WHICH ASSEMBLY
47 OR DISASSEMBLY OF AN AMUSEMENT DEVICE IS BEING PERFORMED.
48 5. UPON THE TRANSFER OF OWNERSHIP OF ANY AMUSEMENT DEVICE, THE OWNER
49 OF THE AMUSEMENT DEVICE BEING TRANSFERRED SHALL NOTIFY THE STATE IN
50 WRITING OF THE TRANSFER, AND SHALL TRANSFER ALL RECORDS PERTAINING TO
51 THAT AMUSEMENT DEVICE TO THE NEW OWNER. THE NEW OWNER SHALL OBTAIN A NEW
52 LICENSE AND PERMIT PRIOR TO OPERATING THE AMUSEMENT DEVICE.
53 S 4. This act shall take effect immediately.