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This entry was published on 2014-09-22
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SECTION 399-DD*2
Construction or installation of playground or playground equipment
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 399-dd. Construction or installation of playground or playground
equipment. 1. Definitions relative to playground safety. For the
purposes of this section, the term "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.

2. The department of state, 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
substantially 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
promulgated 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. Whenever the attorney general shall believe from evidence
satisfactory 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
opportunity 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.

* NB There are 3 § 399-dd's