S T A T E O F N E W Y O R K
________________________________________________________________________
7471--C
Cal. No. 952
I N S E N A T E
April 14, 2010
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
reported favorably from said committee and committed to the Committee
on Codes -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
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:
Section 1. This act shall be known and may be cited as the "playground
equipment safety act".
S 2. Section 399-dd of the general business law, as added by chapter
519 of the laws of 2006, is relettered section 399-ff and amended to
read as follows:
S 399-ff. Construction or installation of playground or playground
equipment. 1. Definitions relative to playground safety. For the
purposes of this section[, the term]:
(A) "playground" means an improved area designed, equipped, and set
aside for play of six or more children which is not intended for use as
an athletic playing field or athletic court, and shall include any play
equipment, surfacing, fencing, signs, internal pathways, internal land
forms, vegetation, and related structures[.]; AND
(B) "MUNICIPALITY" MEANS A CITY, VILLAGE, COUNTY OR TOWN; AND
(C) "TEMPERATURE TESTING" MEANS THE MEASUREMENT OF THE TEMPERATURE OF
PLAYGROUND EQUIPMENT, MATERIAL OR SURFACE, INCLUDING SAFETY SURFACING,
THAT MAY COME INTO CONTACT WITH THE SKIN OF A USER IN THE NORMAL COURSE
OF USE OF A PLAYGROUND PURSUANT TO A METHOD DEVELOPED BY THE CONSUMER
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.
LBD14584-09-0
S. 7471--C 2
2. The consumer protection board, in consultation with the office of
parks, recreation and historic preservation, shall promulgate rules and
regulations for the design, installation, inspection and maintenance of
playgrounds and playground equipment. Those regulations shall substan-
tially comply with the guidelines and criteria which are contained in
the handbook for public playground safety produced by the United States
consumer products safety commission or any successor. The rules and
regulations shall include special provisions for playgrounds appropriate
for children within the range of ages in day care settings.
3. (a) No person, firm, corporation, or other legal entity which
constructs, assembles or installs a playground or playground equipment
shall construct, assemble, or install in this state such playground or
playground equipment unless such playground or playground equipment
shall conform to the requirements of those rules and regulations promul-
gated pursuant to this section.
(b) Playgrounds or playground equipment constructed upon one, two and
three-family residential real property are exempt from the requirements
of this section.
4. THE CONSUMER PROTECTION BOARD, IN CONSULTATION WITH THE DEPARTMENT
OF HEALTH, SHALL:
(A) DEVELOP A METHOD FOR THE TEMPERATURE TESTING OF PLAYGROUND EQUIP-
MENT, MATERIALS AND SURFACES, INCLUDING SAFETY SURFACING, AND SHALL
PROMULGATE RULES AND REGULATIONS RELATING TO SUCH TESTING. SUCH METHOD
SHALL INCORPORATE RELEVANT VARIABLES AND FACTORS, INCLUDING, BUT NOT
LIMITED TO, THE AVERAGE AIR TEMPERATURE DURING THE MONTHS OF MAY, JUNE,
JULY, AUGUST AND SEPTEMBER, THE AVERAGE AMOUNT AND INTENSITY OF SUNLIGHT
THAT MAY AFFECT THE TEMPERATURE OF PLAYGROUND EQUIPMENT, MATERIALS AND
SURFACES, INCLUDING SAFETY SURFACING, AND VARIATIONS IN TEMPERATURE AND
SUNLIGHT EXPOSURE AT DIFFERENT TIMES OF THE DAY; AND
(B) ESTABLISH A MAXIMUM POTENTIAL TEMPERATURE STANDARD FOR PLAYGROUND
EQUIPMENT, MATERIALS AND SURFACES, INCLUDING SAFETY SURFACING, THAT
SHALL REPRESENT THE TEMPERATURE AT WHICH SUCH EQUIPMENT, MATERIALS AND
SURFACES MAY POSE A RISK OF BURNING THE EXPOSED SKIN OF A USER IN THE
NORMAL COURSE OF USE OF A PLAYGROUND.
5. ANY MUNICIPALITY THAT CONSTRUCTS, INSTALLS OR MAINTAINS PLAYGROUNDS
OR PLAYGROUND EQUIPMENT, SHALL PROMULGATE RULES AND REGULATIONS FOR THE
DESIGN, INSTALLATION, INSPECTION AND MAINTENANCE OF PLAYGROUNDS MAIN-
TAINED BY SUCH MUNICIPALITY. PROVIDED, HOWEVER, THAT THIS SUBDIVISION
SHALL NOT APPLY TO PLAYGROUND EQUIPMENT INSTALLED ON OR BEFORE THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TEN WHICH
ADDED THIS SUBDIVISION IN MUNICIPALITIES OTHER THAN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE. SUCH RULES AND REGULATIONS SHALL
INCLUDE PROVISIONS THAT:
(A) REQUIRE, AS PART OF THE DESIGN OF ANY NEW PLAYGROUND, AND PRIOR TO
THE INSTALLATION OF ANY NEW PLAYGROUND EQUIPMENT, MATERIALS OR SURFACES,
INCLUDING SAFETY SURFACING, THE PERFORMANCE OF AN ANALYSIS OF THE POTEN-
TIAL FOR SUCH PLAYGROUND EQUIPMENT, MATERIALS OR SURFACES TO EXCEED THE
MAXIMUM POTENTIAL TEMPERATURE STANDARD PROMULGATED BY THE CONSUMER
PROTECTION BOARD;
(B) REQUIRE, AS PART OF SUCH MUNICIPALITY'S PLAYGROUND INSPECTION AND
MAINTENANCE PROCEDURES, THE PERFORMANCE OF TEMPERATURE TESTING FOR
EQUIPMENT, MATERIALS AND SURFACES INSTALLED IN PLAYGROUNDS, INCLUDING
SAFETY SURFACING. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE
INHABITANTS, THE LOCAL DEPARTMENT OF PARKS AND RECREATION SHALL COMMENCE
TEMPERATURE TESTING PURSUANT TO THIS SECTION NO LATER THAN MAY FIRST,
TWO THOUSAND ELEVEN PURSUANT TO THE METHOD OF TEMPERATURE TESTING
S. 7471--C 3
ADOPTED BY THE CONSUMER PROTECTION BOARD. IN A MUNICIPALITY HAVING A
POPULATION OF LESS THAN ONE MILLION INHABITANTS, SUCH MUNICIPALITY SHALL
COMMENCE TEMPERATURE TESTING PURSUANT TO THIS SECTION NO LATER THAN MAY
FIRST, TWO THOUSAND TWELVE PURSUANT TO THE METHOD OF TEMPERATURE TESTING
ADOPTED BY THE CONSUMER PROTECTION BOARD; AND
(C) SPECIFY PROCEDURES FOR THE MITIGATION OF ANY SIGNIFICANT HEALTH
HAZARDS IDENTIFIED DURING ANY INSPECTION, INCLUDING, BUT NOT LIMITED TO,
HAZARDS THAT POSE A RISK OF BURNING EXPOSED SKIN BASED ON THE MAXIMUM
POTENTIAL TEMPERATURE STANDARD PROMULGATED BY THE CONSUMER PROTECTION
BOARD.
6. Whenever the attorney general shall believe from evidence satisfac-
tory to him that any person, firm, corporation or association or agent
or employee thereof has violated any provision of this section, he may
bring an action in the supreme court of the state of New York for a
judgment enjoining the continuance of such violation and for a civil
penalty of not more than one thousand dollars for each violation, except
that the court may impose a civil penalty of not more than ten thousand
dollars if the violation is knowing and willful. If it shall appear to
the satisfaction of the court or justice that the defendant has violated
any provision of this section, no proof shall be required that any
person has been injured thereby nor that the defendant knowingly or
intentionally violated such provision. In such action preliminary relief
may be granted under article sixty-three of the civil practice law and
rules. Before any violation of this section is sought to be enjoined,
the attorney general shall be required to give the person against whom
such proceeding is contemplated notice by certified mail and an opportu-
nity to show in writing within five business days after receipt of
notice why proceedings should not be instituted against him, unless the
attorney general shall find, in any case in which he seeks preliminary
relief, that to give such notice and opportunity is not in the public
interest.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.