S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    177
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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:
 
   Section 1. Section 870-e of the labor law, as amended by  chapter  643
 of  the  laws  of 1986, subdivisions 1 and 2 as amended and subdivisions
 2-b and 2-c as added by chapter 574 of the laws of 1989, subdivision 2-a
 as amended and subdivision 6 as added by chapter  368  of  the  laws  of
 2006, is amended to read as follows:
   §  870-e.  Inspections.  Before  a permit may be issued as provided in
 section eight hundred seventy-d of this article, an  inspection  of  the
 amusement device, viewing stand or tent shall be made in compliance with
 the  procedures set by the commissioner. Such inspection shall have been
 conducted within [one year] TWO MONTHS prior to the permit  application,
 unless  such period shall have been extended by operation of subdivision
 four of this section.
   1. In the case of a permanent  device,  viewing  stand  or  tent,  the
 amusement device, viewing stand or tent [must] SHALL be inspected by the
 commissioner  or  his  authorized  representative, or in the city of New
 York, by the building department, at the time  of  application  for  the
 initial permit. In the case of an amusement device deemed by the commis-
 sioner  to  normally  be  operated  at speeds or with movements creating
 severe centrifugal forces, the  owner  or  operator  making  the  permit
 application  for  such  device  shall have available for inspection such
 recommended maintenance and safety  schedules  or  requirements  as  are
 supplied  by the manufacturer of the device. An initial operating permit
 shall not be granted in the absence of these documents. Thereafter,  the
 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.
                                                            LBD01082-01-7

 A. 177                              2
 
 least [annually] EVERY TWO MONTHS by a licensed architect,  professional
 engineer, qualified inspector of an insurance underwriter, or an inspec-
 tor  approved  by  the commissioner as a requirement for the issuance of
 each subsequent permit. Such inspection shall at minimum comply with the
 requirements  of  the commissioner, provided that for amusement devices,
 at the time of each such [annual] TWO MONTH  inspection,  the  owner  or
 operator  of such device shall have available for inspection such recom-
 mended maintenance and safety schedules or requirements as are  supplied
 by the manufacturer of the device and shall have available documentation
 that  such  maintenance  and  testing  as  are  called for by the device
 manufacturer have been performed during the term covered by the previous
 operating permit. No subsequent operating permit shall be granted in the
 absence of these documents. An  affidavit  of  the  [annual]  TWO  MONTH
 inspection shall be filed with the commissioner.
   2.  In  the  case  of  a temporary device, viewing stand or tent, upon
 first entry into the state, the amusement device, viewing stand or  tent
 [must]  SHALL  be inspected by the commissioner or his authorized repre-
 sentative for the permit to be issued. In the case of a temporary amuse-
 ment device deemed by the commissioner to normally operate at speeds  or
 with  movements creating severe centrifugal forces the owner or operator
 making the permit application for such device shall have  available  for
 inspection such recommended maintenance and safety schedules or require-
 ments  as  are  supplied by the manufacturer of the device. An operating
 permit shall not be granted in the absence of these documents.    There-
 after,  the  amusement  device,  viewing  stand  or tent [must] SHALL be
 inspected at least [annually] EVERY TWO MONTHS by a licensed  architect,
 professional  engineer, qualified inspector of an insurance underwriter,
 or an inspector approved by the commissioner as a  requirement  for  the
 issuance  of  each  subsequent  permit. Such inspection shall at minimum
 comply with the requirements of  the  commissioner,  provided  that  for
 amusement  devices,  at  the  time  of  each  such  [annual]  TWO  MONTH
 inspection, the owner or operator of such device  shall  have  available
 for  inspection  such  recommended  maintenance  and safety schedules or
 requirements as are supplied by the manufacturer of the device and shall
 have available documentation that such maintenance and  testing  as  are
 called  for  by  the  device manufacturer have been performed during the
 term covered by the previous operating permit. No  subsequent  operating
 permit  shall be granted in the absence of these documents. An affidavit
 of the [annual] TWO MONTH inspection shall be filed with the commission-
 er.
   2-a. Where such maintenance and safety schedules as are called for  in
 subdivisions  one and two of this section do not exist or are not avail-
 able due to circumstances beyond the control of the owner or operator of
 an amusement device, the owner or operator shall, within six  months  of
 the  discovery  of  the  unavailability of such standards, submit to the
 commissioner a proposed  schedule  of  maintenance  for  that  amusement
 device  consistent with the standards for the testing and maintenance of
 such devices established in accordance with the  rules  and  regulations
 promulgated pursuant to subdivision six of this section and shall hence-
 forth  be  the  schedule  with  which the owner or operator [must] SHALL
 comply to qualify for [annual] TWO MONTH operating permits.
   2-b. None of the provisions contained in  subdivision  two-a  of  this
 section  shall  be interpreted as to prevent the owner or operator of an
 amusement device from receiving [an annual] A TWO MONTH permit to  oper-
 ate  such  device  during  the  proposed maintenance schedule submission
 process described in such subdivision provided that such owner or opera-

 A. 177                              3
 
 tor meets all the requirements for [an annual]  A  TWO  MONTH  operating
 permit as they exist prior to the effective date of this subdivision.
   2-c.  The owner or operator of an amusement device shall conspicuously
 post a sign containing safety guidelines to be followed by patrons while
 on or in the amusement device  and  behavior  or  activities  which  are
 prohibited as threats either to the patrons themselves, other patrons or
 the  general  public.  Such  signs shall contain warnings that there are
 inherent risks in the participation in or on the amusement device, since
 it is recognized that participation in or on the device may be hazardous
 regardless of all feasible safety measures that can be undertaken by the
 device owner or operator; and that there is a duty for  the  patrons  to
 become  apprised of the warnings and the risks inherent in participation
 in or on the amusement device if the warnings are not obeyed.  Prior  to
 participating  in or on such amusement device, patrons shall familiarize
 themselves with the posted safety warnings so  that  they  may  make  an
 informed decision of whether to participate in or on the device notwith-
 standing the risks.
   3.  In the case of an amusement device, viewing stand or tent which is
 substantially rebuilt or substantially modified  so  as  to  change  the
 structure,  mechanism, or capacity of the device, viewing stand or tent,
 the owner or lessee shall give written notice to  the  commissioner  who
 shall  cause  the device, viewing stand or tent to be inspected prior to
 the time in which it is put into  operation  and  who  shall  cause  any
 current  permit to be updated so as to include any modifications made to
 the device, viewing stand or tent.
   4. In the event an operator is unable to secure an inspection  by  his
 insurance  carrier  within  [one  year]  TWO MONTHS from the date of the
 previous inspection, such previous inspection shall be deemed valid  for
 purposes  of  this  article  for  a  period  of  thirty additional days,
 provided such operator made  an  inspection  request  to  his  insurance
 carrier at least sixty days prior to the inspection anniversary date.
   5.  No  amusement device, viewing stand or tent which fails to pass an
 inspection shall be operated for public use until it has passed a subse-
 quent inspection.
   6. The commissioner shall, in consultation with the carnival, fair and
 amusement park safety advisory board as established under section  eight
 hundred seventy-n of this article, [as added by a chapter of the laws of
 two  thousand  six,] establish rules and regulations providing standards
 for the design, manufacture, testing, inspection, quality assurance  and
 terminology  of amusement devices. The rules and regulations established
 pursuant to this subdivision shall be consistent with the national stan-
 dards for amusement devices, as established by the American  Society  of
 Testing and Materials.
   7.  THE  COMMISSIONER  IS  AUTHORIZED TO IMPLEMENT A PROGRAM OF RANDOM
 AUDITS  OR  UNANNOUNCED  INSPECTIONS  FOR  COMPLIANCE  WITH   INSPECTION
 REQUIREMENTS AND/OR THE PROVISIONS IN THIS SECTION.
   8.  AN AMUSEMENT DEVICE SHALL BE INSPECTED AND TESTED EACH DAY WHEN IT
 IS INTENDED TO BE USED.
   9. THE INSPECTION AND TEST SHALL BE PERFORMED BY A PERSON  EXPERIENCED
 AND  INSTRUCTED  IN  THE  PROPER  OPERATION  OF  THE DEVICE AND SHALL BE
 PERFORMED BEFORE THE DEVICE IS PUT INTO NORMAL OPERATION.
   10. THE INSPECTION AND TEST SHALL INCLUDE  THE  OPERATION  OF  CONTROL
 DEVICES, SPEED-LIMITING DEVICES, BRAKES AND OTHER EQUIPMENT PROVIDED FOR
 SAFETY.  A RECORD OF EACH INSPECTION AND TEST SHALL BE MADE AT ONCE UPON
 COMPLETION OF THE TEST ON A FORM PROVIDED BY THE COMMISSIONER  OR  ON  A
 FORM  APPROVED BY THE COMMISSIONER WITH THE INFORMATION REQUIRED BY THIS

 A. 177                              4
 
 SECTION AND SHALL BE KEPT WITH THE DEVICE AND AVAILABLE TO  THE  COMMIS-
 SIONER FOR AT LEAST THIRTY DAYS.
   11.  THIS DAILY MAINTENANCE INSPECTION LOG SHALL BE KEPT FOR EACH RIDE
 AND SHALL BE SIGNED BY THE INDIVIDUAL  CONDUCTING  THE  INSPECTION.  THE
 INSPECTION  ENTRY  SHALL INCLUDE, BUT NOT BE LIMITED TO: THE NAME OF THE
 RIDE; THE PRINTED NAME OF THE INDIVIDUAL REVIEWING THE  INSPECTION  LOG;
 THE  SIGNATURE  OF THE INDIVIDUAL REVIEWING THE INSPECTION LOG; THE DATE
 AND TIME  OF  THE  INSPECTION;  A  SUMMARY  OF  DEFICIENCIES  FOUND  AND
 CORRECTED  DURING  THE INSPECTION OF THE AMUSEMENT DEVICE; THE RESULT OF
 THE MAINTENANCE INSPECTION. IF THE RIDE HAS BECOME  NON-OPERATIONAL  FOR
 ANY  PERIOD  OF  TIME  AND  AT THE DISCRETION OF THE OWNER, THE OPERATOR
 SHALL PERFORM  A  RE-INSPECTION  AND  DOCUMENT  THEIR  FINDINGS  IN  THE
 INSPECTION LOG BEFORE PLACING THE RIDE INTO OPERATION AGAIN.  THE OPERA-
 TOR INSPECTION LOG SHALL INCLUDE, BUT NOT BE LIMITED TO: THE NAME OF THE
 RIDE  BEING  INSPECTED;  THE  LEGIBLE  NAME  AND SIGNATURE OF THE PERSON
 COMPLETING THE LOG; THE DATE OF THE  INSPECTION;  A  DETAILED  LIST  AND
 DESCRIPTION  OF  ALL  ITEMS BEING CHECKED; AND DETAILS OF TESTING WITHIN
 THE TIMEFRAME SPECIFIED IN THE OPERATING MANUAL OF ALL CONTROL  DEVICES,
 SPEED-LIMITING  DEVICES,  BLOCK  SYSTEM, EMERGENCY BRAKES, AUTOMATIC AND
 MANUAL LOWERING DEVICES AND ANY OTHER EQUIPMENT PROVIDED FOR SAFETY.
   § 2. The labor law is amended by adding a new section 870-p to read as
 follows:
   § 870-P. OPERATIONS. 1. AMUSEMENT DEVICES SHALL BE OPERATED SOLELY  BY
 COMPETENT  OPERATORS  AT  LEAST  EIGHTEEN  YEARS OF AGE. EMPLOYERS SHALL
 CHECK PROSPECTIVE OPERATORS' IDENTIFICATIONS BEFORE HIRING OPERATORS.
   2. EVERY OPERATOR SHALL HAVE KNOWLEDGE OF THE USES  AND  FUNCTIONS  OF
 ALL NORMAL AND EMERGENCY OPERATING CONTROLS AND OF THE PROPER USE OF THE
 AMUSEMENT DEVICES. OWNERS SHALL ENSURE THAT A RIDE OPERATOR HAS READ AND
 UNDERSTANDS  THE MANUFACTURERS' RECOMMENDATIONS FOR THE OPERATION OF THE
 RIDES AND, IF APPLICABLE, ANY OPERATIONS MANUALS PROVIDED BY THE OWNERS;
 KNOWS THE SAFETY-BASED LIMITATIONS REGARDING WHO MAY RIDE THE RIDES;  IS
 WELL  VERSED  ON  EMERGENCY PROCEDURES; HAS ADEQUATE TRAINING TO OPERATE
 THE RIDES; KNOWS HOW TO CONDUCT THE  RIDE  CHECKS  AS  REQUIRED  BY  THE
 MANUFACTURERS; KNOWS HOW TO VERIFY THAT THE DAILY MAINTENANCE INSPECTION
 LOG HAS BEEN COMPLETED PRIOR TO OPERATING THE RIDE; AND HAS KNOWLEDGE OF
 THE  USE AND FUNCTION OF ALL NORMAL AND EMERGENCY OPERATING CONTROLS AND
 THE PROPER USE OF THE RIDES.
   3. AN OPERATOR SHALL NOT LEAVE THE RIDES UNATTENDED WITHOUT  DISABLING
 THE  CONTROLS  SO  THAT  THE  RIDES  CANNOT  BE  STARTED BY UNAUTHORIZED
 PERSONS. IF THE RIDES ARE LEFT UNATTENDED AND DISABLED DURING AN  OPERA-
 TIONAL  DAY, THE OPERATOR, UPON RETURNING, SHALL RUN A COMPLETE CYCLE OF
 THE RIDE, PRIOR TO RE-OPENING THE RIDE.
   4. THE OPERATOR SHALL CHECK  EACH  AND  EVERY  RESTRAINT,  CONSTRAINT,
 SEATBELT,  LAP  BAR  AND ANY OTHER DEVICE USED IN SECURING RIDERS INTO A
 VEHICLE INDIVIDUALLY TO ASSURE THAT IT IS LOCKED PROPERLY AND  THAT  THE
 RIDER FITS PROPERLY IN THE SAFETY SYSTEM.
   5. THE OPERATOR OR OPERATOR'S ASSISTANT SHALL CHECK THE HEIGHT, WEIGHT
 OR  SIZE  OF  RIDERS, AS APPLICABLE WITH THE HEIGHT MARK, SCALE OR OTHER
 MEANS OF MEASUREMENT PROVIDED BY THE OWNER.  WHEN THE WEIGHT OF A  RIDER
 IS  USED TO DETERMINE ENTRY TO OR USE OF A RIDE, AN ACCURATE SCALE SHALL
 BE PROVIDED. WHEN RIDERS ARE OF DISPARATE SIZES, RIDERS SHALL BE  PLACED
 IN THE RIDE SUCH THAT ANY ACTION CAUSED BY CENTRIFUGAL FORCES SHALL PUSH
 THE WEIGHT OF THE LIGHTER RIDER INTO THE HEAVIER RIDER.
   6.  AN  OPERATOR  SHALL  BE IN THE IMMEDIATE VICINITY OF THE OPERATING
 CONTROLS DURING OPERATION AND NO  OTHER  PERSON  SHALL  BE  SUFFERED  OR
 PERMITTED  TO  HANDLE SUCH CONTROLS DURING NORMAL OPERATION. NO OPERATOR

 A. 177                              5
 
 SHALL BE RESPONSIBLE FOR THE OPERATION OF MORE THAN ONE AMUSEMENT DEVICE
 AT A TIME.
   7.  OWNERS SHALL CONDUCT CRIMINAL HISTORY INQUIRIES ON ALL INDIVIDUALS
 WHO ARE CURRENTLY EMPLOYED OR SEEKING EMPLOYMENT AS A CERTIFIED  MAINTE-
 NANCE  MECHANIC,  MAINTENANCE  TECHNICIAN,  RIDE  OPERATOR,  OR OPERATOR
 ASSISTANT.
   8. OPERATORS MAY NOT OPERATE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
   9. THE OWNER SHALL INSTRUCT ALL OPERATORS TO GIVE THEIR FULL ATTENTION
 TO ANY RIDE THEY OPERATE, AND OPERATORS MAY  NOT  LISTEN  TO  ELECTRONIC
 DEVICES  OR  ENGAGE  IN  HANDHELD ELECTRONIC DEVICES WHILE OPERATING ANY
 RIDE, UNLESS SUCH DEVICES ARE RELATED TO JOB PERFORMANCE.
   10. THE OPERATOR AND ALL OPERATOR ASSISTANTS  SHALL  HAVE  A  COMPLETE
 KNOWLEDGE  OF  THE  OPERATION  OF  THE RESTRAINT SYSTEM, LAP BAR LOCKING
 SYSTEM, SEATBELTS, AND THE PROPER WAY TO SEAT A RIDER IN A VEHICLE.
   11. THE OPERATOR AND ALL OPERATOR ASSISTANTS SHALL BE  TRAINED  TO  BE
 AWARE  OF  THE  MOTIONS AND SOUNDS ATTRIBUTED TO THE NORMAL OPERATION OF
 THE RIDE. THE OPERATOR SHALL BE FAMILIAR WITH HOW THE RIDE LOOKS WHEN IT
 IS FUNCTIONING NORMALLY, AND BE ALERT  TO  ANY  UNUSUAL  CONDITIONS.  IF
 THERE ARE ANY CHANGES IN THE NORMAL OPERATING CONDITION, OPERATION SHALL
 CEASE  AND THE OWNER SHALL BE CALLED IMMEDIATELY. THE OWNER SHALL DECIDE
 THE APPROPRIATE ACTION TO BE TAKEN.
   12. OPERATORS AND OPERATOR ASSISTANTS SHALL KNOW  THE  WHEREABOUTS  OF
 ALL  SAFETY  EQUIPMENT  SUCH AS FIRE EXTINGUISHERS, EMERGENCY MAIN ELEC-
 TRICAL DISCONNECT, LOCK-OUT POINT AND NEAREST TELEPHONE FOR  ROUTINE  OR
 EMERGENCY ASSISTANCE.
   § 3. The labor law is amended by adding a new section 870-q to read as
 follows:
   §  870-Q.  MISCELLANEOUS. 1. EVERY APPLICABLE VENUE SHALL DESIGNATE AN
 OFFICE OR LOCATION AS A SITE FOR REPORTING ACCIDENTS AND  INJURIES.  THE
 DESIGNATED OFFICE OR SITE SHALL BE OPEN AND STAFFED DURING REGULAR BUSI-
 NESS  HOURS  AND SHALL BE CLEARLY DESIGNATED IN WRITING. THE OWNER SHALL
 DESIGNATE AND IDENTIFY MORE THAN ONE SUCH OFFICE OR LOCATION  IF  NECES-
 SARY WITHIN THE AMUSEMENT PARK SO THAT NO AREA CONTAINING AMUSEMENT PARK
 RIDES  IS  FURTHER  THAN  REASONABLE  WALKING DISTANCE FROM AN OFFICE OR
 LOCATION.
   2. A RIDER SHALL NOT BOARD OR ATTEMPT TO BOARD ANY RIDE IF HE  OR  SHE
 IS KNOWINGLY OR RECKLESSLY UNDER THE INFLUENCE OF ANY ALCOHOLIC BEVERAGE
 OR  ANY SUBSTANCE THAT AFFECTS HIS OR HER ABILITY TO SAFELY USE THE RIDE
 AND ABIDE BY THE POSTED AND STATED INSTRUCTIONS.
   3. THE OPERATOR OF THE AMUSEMENT RIDE  MAY  PREVENT  A  RIDER  WHO  IS
 PERCEPTIBLY  OR  APPARENTLY UNDER THE INFLUENCE OF DRUGS OR ALCOHOL FROM
 RIDING ON AN AMUSEMENT RIDE. AN OPERATOR WHO PREVENTS SUCH A RIDER  FROM
 BOARDING  A RIDE IN ACCORDANCE WITH THIS SECTION SHALL NOT BE CRIMINALLY
 OR CIVILLY LIABLE IF THE OPERATOR HAS A REASONABLE BASIS  FOR  BELIEVING
 THAT THE RIDER IS UNDER THE INFLUENCE OF SUCH A SUBSTANCE.
   4. THE PUBLIC SHALL NOT BE ALLOWED TO ENTER THE AREA IN WHICH ASSEMBLY
 OR DISASSEMBLY OF AN AMUSEMENT DEVICE IS BEING PERFORMED.
   5.  UPON  THE TRANSFER OF OWNERSHIP OF ANY AMUSEMENT DEVICE, THE OWNER
 OF THE AMUSEMENT DEVICE BEING TRANSFERRED  SHALL  NOTIFY  THE  STATE  IN
 WRITING  OF  THE  TRANSFER, AND SHALL TRANSFER ALL RECORDS PERTAINING TO
 THAT AMUSEMENT DEVICE TO THE NEW OWNER. THE NEW OWNER SHALL OBTAIN A NEW
 LICENSE AND PERMIT PRIOR TO OPERATING THE AMUSEMENT DEVICE.
   § 4. This act shall take effect immediately.