NY State Assembly Bill 2009-A9464

Assembly Bill A9464

2009-2010 Legislative Session

Authorizes the enactment of local laws regarding playground equipment and requires the use of a temperature test on playground equipment installed by municipalities

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	held for consideration in codes
Jun 09, 2010	print number 9464c
Jun 09, 2010	amend and recommit to codes
Jun 03, 2010	defeated in codes
May 25, 2010	reported referred to codes
May 12, 2010	print number 9464b
May 12, 2010	amend (t) and recommit to consumer affairs and protection
Apr 21, 2010	print number 9464a
Apr 21, 2010	amend and recommit to consumer affairs and protection
Jan 06, 2010	referred to consumer affairs and protection

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A9464 - Details

See Senate Version of this Bill:: S7471
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Rel §399-dd to be §399-ff, amd §399-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A970
2013-2014: A950

2009-A9464 - Summary

Authorizes the enactment of local laws regarding playground equipment and requires the use of a temperature test on playground equipment installed by municipalities.

2009-A9464 - Sponsor Memo

                                 BILL NUMBER:  A9464

 TITLE OF BILL :  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 in cities having a population of one
million or more

 PURPOSE OR GENERAL IDEA OF BILL : Authorizes the enactment of local
laws regarding playground equipment and requires the use of a
temperature test on playground equipment installed in certain cities
to prohibit equipment that poses a risk of burning exposed skin.

 SUMMARY OF SPECIFIC PROVISIONS : Amends Section 399-dd of the general
business law as added by chapter 519 of the laws of 2006, which is
re-lettered as Section 399-ff, to add the following provisions:

- Authorize a municipality to enact local laws regarding the
construction and installation of playground equipment; and,

- Require that in cities of a million or more inhabitants, the local
parks department shall implement and perform temperature tests for all
equipment and materials currently installed in parks and playgrounds
(including safety surfacing), and all new equipment or materials prior
to installation, and to also prohibit the use of any such materials or
equipment that are determined to pose a health risk of burning exposed

skin.

 JUSTIFICATION : Each year more than a dozen children are treated in
New York City burn centers due to injuries caused by playground
equipment reaching dangerous temperatures. This figure does not
include children treated for burns in emergency rooms in local
hospitals or by pediatricians. For example, in May of 2007,
temperatures on a playground mat reached 167 degrees, causing second
degree burns that peeled the skin off the soles of a two-year-old's
feet in only a few seconds. The child was hospitalized in a burn unit
for four days.

In January of 2009, New York City Councilmember Melissa Mark-Viverito
introduced Resolution 1782-2009, calling upon the State Legislature to
pass legislation requiring temperature testing. A hearing on the
Councilmember's resolution further revealed that this problem was well
documented. The city's Department of Parks and Recreation testified in
February, 2009 that it was installing more canopies and coverings to
shade playground equipment from the sun, introducing more water
features to promote cooling, and that it had ceased using crumb rubber
fields due to extreme heating concerns. However, the City also
testified that it generally relied on "common sense" and some 200
signs warning against going barefoot in playgrounds.

This is an insufficient response. Not only does footwear cover a
fraction of a child's body (leaving open the question of how a parent
is to protect a child's legs, hands, or other exposed skin), but the
reliance on signage places an undue burden on the public to protect
their children from materials or equipment that are commonly
considered safety-enhancing rather than hazardous.

Playgrounds should be safe havens for families, not pit-stops on the
way to emergency rooms. Despite the common occurrence of these
injuries, neither the Consumer Product Safety Commission nor the
American Society of Testing Materials requires heat testing for
equipment or materials installed in playgrounds. This legislation
would remedy this gap in our regulatory framework.

 PRIOR LEGISLATIVE HISTORY : None.

 FISCAL IMPLICATIONS :  To be determined.

 EFFECTIVE DATE : This Act shall take effect on January first next
succeeding the date upon which it shall have become law; provided that
all existing equipment and materials installed in parks and
playgrounds as of the effective date of this act shall be tested as
provided in section one of this act no later than ninety days after
the effective date of this act.

2009-A9464 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9464

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. KELLNER -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

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 in
  cities having a population of one million or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  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 "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, inter-
nal pathways, internal land forms, vegetation, and related structures.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14584-03-9

A. 9464                             2

  (b)  Playgrounds or playground equipment constructed upon one, two and
three-family residential real property are exempt from the  requirements
of this section.
  4.  A MUNICIPALITY MAY ENACT LOCAL LAWS REGARDING THE CONSTRUCTION AND
INSTALLATION OF PLAYGROUND  EQUIPMENT  PROVIDED  THAT  SUCH  LOCAL  LAWS
COMPLY  IN  ALL  RESPECTS  WITH  APPLICABLE  STATE  AND FEDERAL LAWS AND
REQUIREMENTS REGARDING THE CONSTRUCTION AND INSTALLATION  OF  PLAYGROUND
EQUIPMENT,  INCLUDING  ALL  RULES  AND  REGULATIONS  PROMULGATED  BY THE
CONSUMER PROTECTION BOARD PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  5. IN CITIES HAVING A POPULATION OF ONE MILLION OR  MORE  INHABITANTS,
THE LOCAL DEPARTMENT OF PARKS AND RECREATION SHALL IMPLEMENT AND PERFORM
TEMPERATURE TESTS FOR ALL EQUIPMENT AND MATERIALS INSTALLED IN PARKS AND
PLAYGROUNDS OF SUCH CITIES, INCLUDING SAFETY SURFACING, AND PROHIBIT THE
USE OF MATERIALS OR EQUIPMENT THAT POSE A HEALTH RISK OF BURNING EXPOSED
SKIN.    ALL  NEW  EQUIPMENT  AND MATERIALS TO BE INSTALLED IN PARKS AND
PLAYGROUNDS SHALL BE TESTED PRIOR TO INSTALLATION.
  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  2.  This act shall take effect on January first next succeeding the
date upon which it shall have become a law; provided that  all  existing
equipment  and  materials  installed  in parks and playgrounds as of the
effective date of this act shall be tested as provided in section one of
this act no later than ninety days after the effective date of this act.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A9464A - Details

See Senate Version of this Bill:: S7471
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Rel §399-dd to be §399-ff, amd §399-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A970
2013-2014: A950

2009-A9464A - Summary

Authorizes the enactment of local laws regarding playground equipment and requires the use of a temperature test on playground equipment installed by municipalities.

2009-A9464A - Sponsor Memo

                                BILL NUMBER:A9464A

TITLE OF BILL:  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 in cities having a population of one million or more

PURPOSE  OR GENERAL IDEA OF BILL:; Requires temperature testing of play-
ground equipment in certain cities to ensure that  such  equipment  does
not pose a risk of burning exposed skin.

SUMMARY  OF  SPECIFIC  PROVISIONS:  Amends Section 399-dd of the general
business law as added by chapter 519 of  the  laws  of  2006,  which  is
re-lettered as Section 399-ff, to require that in cities of a million or
more inhabitants, the local parks department shall implement and perform
temperature tests for equipment, materials and surfaces, including safe-
ty surfacing, currently installed in playgrounds, and all new equipment,
materials or surfaces prior to installation, and to require such depart-
ment  to take steps to mitigate any hazards that are determined, to pose
a health risk of burning exposed skin.

JUSTIFICATION: Each year more than a dozen children are treated  in  New
York  City  burn  centers due to injuries caused by playground equipment
reaching dangerous temperatures. This figure does not  include  children
treated  for burns in emergency rooms in local hospitals or by pediatri-
cians. For example, in May of 2007, temperatures  on  a  playground  mat

reached  167  degrees,  causing second degree burns that peeled the skin
off the soles of a two-year-old's feet in only a few seconds. The  child
was hospitalized in a burn unit for four days.

In  January  of  2009, New York City Councilmember Melissa Mark-Viverito
introduced Resolution 1782-2009, calling upon the State  Legislature  to
pass.legislation   requiring  temperature  testing.  A  hearing  on  the
Councilmember's resolution further revealed that this problem  was  well
documented.  The  city's Department of Parks and Recreation testified in
February, 2009 that it was installing more  canopies  and  coverings  to
shade playground equipment from the sun, introducing more water features
to promote cooling, and that it had ceased using crumb rubber fields due
to  extreme  heating  concerns. However, the City also testified that it
generally relied on "common sense" and some 200  signs  warning  against
going barefoot in playgrounds.

This  is  an insufficient response. Not only does footwear cover a frac-
tion of a child's body (leaving open the question of how a parent is  to
protect  a child's legs, hands; or other exposed skin), but the reliance
on signage places an undue burden on the public to protect  their  chil-
dren from materials or equipment that are commonly considered safety-en-
hancing rather than hazardous.

Playgrounds should be safe havens for families, not pit-stops on the way
to  emergency  rooms.  Despite  the common occurrence of these injuries,
neither the Consumer Product Safety Commission nor the American  Society

of  Testing  Materials  requires heat testing for equipment or materials
installed in playgrounds. This legislation would remedy this gap in  our
regulatory framework.

PRIOR LEGISLATIVE HISTORY: None,

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE  DATE:  This  Act  shall take effect on thirtieth day after it
shall have become a law.

2009-A9464A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9464--A

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  M.  of A. KELLNER, BENEDETTO, PHEFFER, GOTTFRIED, AUBRY,
  ROBINSON, D. WEPRIN, MAISEL -- Multi-Sponsored by -- M. of  A.  GLICK,
  JEFFRIES, MARKEY, SCARBOROUGH -- read once and referred to the Commit-
  tee  on  Consumer Affairs and Protection -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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  in
  cities having a population of one million or more

  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) "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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14584-04-0

A. 9464--A                          2

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. IN CITIES HAVING A POPULATION OF ONE MILLION OR  MORE  INHABITANTS,
THE  LOCAL DEPARTMENT OF PARKS AND RECREATION SHALL PROMULGATE RULES AND
REGULATIONS FOR THE DESIGN, INSTALLATION, INSPECTION AND MAINTENANCE  OF
PLAYGROUNDS  MAINTAINED  BY  SUCH DEPARTMENT. 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 DEPARTMENT'S  PLAYGROUND  INSPECTION  AND
MAINTENANCE  PROCEDURES,  THE  PERFORMANCE  OF  TEMPERATURE  TESTING FOR
EQUIPMENT, MATERIALS AND SURFACES INSTALLED  IN  PLAYGROUNDS,  INCLUDING
SAFETY  SURFACING.  SUCH  DEPARTMENT  SHALL COMMENCE TEMPERATURE TESTING
PURSUANT TO THIS SECTION NO LATER THAN MAY FIRST,  TWO  THOUSAND  ELEVEN
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

A. 9464--A                          3

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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A9464B - Details

See Senate Version of this Bill:: S7471
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Rel §399-dd to be §399-ff, amd §399-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A970
2013-2014: A950

2009-A9464B - Summary

Authorizes the enactment of local laws regarding playground equipment and requires the use of a temperature test on playground equipment installed by municipalities.

2009-A9464B - Sponsor Memo

                                BILL NUMBER:A9464B

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL: To require
temperature testing of
playground equipment, including safety surfaces, constructed,
installed, or maintained by any municipality.

SUMMARY OF SPECIFIC PROVISIONS: Amends Section 399-dd
of the general
business law as added by chapter 519 of the laws of 2006, which is
re-lettered as Section 399-ff, to add the following provisions:

- Require the consumer protection board, in consultation with the
department of health, to develop a method for temperature testing of
playground equipment, and to establish a maximum potential
temperature standard for such equipment (including safety surfacing),
representing the temperature at which such equipment may pose a risk
of burning exposed skin;

- Require any municipality that constructs, installs, or maintains
playgrounds or playground equipment to promulgate rules and
regulations requiring:

o as part of the design for any new playground equipment, an analysis
of the potential for such equipment to exceed the maximum potential
temperature set by the consumer protection board;

o as part of such municipality's playground inspection and maintenance
procedures, the performance of temperature tests on playground
equipment, cities of one million or more to begin such tests by May
1, 2011, and cities of fewer than one million to begin such tests by
May 1, 2012; and

o specification of procedures for mitigation of any significant health
hazards identified during any inspection;

- Act to take effect on the thirtieth day after it shall have become a
law,

JUSTIFICATION: Each year dozens of children are
treated in burn
centers in New York State due to injuries caused by playground
equipment reaching dangerous temperatures. This figure does not
include children treated for burns in emergency rooms in local
hospitals or by pediatricians. For example, in May of 2007,

temperatures on a playground mat reached 167 degrees, causing second
degree burns that peeled the skin off the soles of a two-year-old's
feet in only a few seconds. The child was hospitalized in a burn unit
for four days.

In January of 2009, New York City Councilmember Melissa Mark-Viverito
introduced Resolution 1782-2009, calling upon the State Legislature
to pass legislation requiring
temperature testing. A hearing on the Councilmembers resolution
further revealed that this problem was well documented. The City's
Department of Parks and Recreation testified in February, 2009 that
it was installing more canopies and coverings to shade playground
equipment from the sun, introducing more water features to promote
cooling, and that it had ceased using crumb rubber fields due to
extreme heating concerns. However, the City also testified that it
generally relied on "common sense" and some 200 signs warning against
going barefoot in playgrounds.

This is an insufficient response. Not only does footwear cover a
fraction of a child's body (leaving open the question of how a parent
is to protect a child's legs, hands, or other exposed skin), but the
reliance on signage places an undue burden on the public to protect
their children from materials or equipment that are commonly
considered safety-enhancing rather than hazardous.

Playgrounds should be safe havens for families, not pit-stops on the
way to emergency rooms. Despite the common occurrence of these
injuries, neither the Consumer Product Safety Commission nor the
American Society of Testing Materials requires heat testing for
equipment or materials installed in playgrounds. This legislation
would remedy this gap in our regulatory framework.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Act to take effect on the thirtieth
day after it shall
have become a law.

2009-A9464B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9464--B

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  M.  of A. KELLNER, BENEDETTO, PHEFFER, GOTTFRIED, AUBRY,
  ROBINSON, D. WEPRIN, MAISEL, POWELL -- Multi-Sponsored by -- M. of  A.
  GIBSON,  GLICK,  JEFFRIES, MARKEY, MAYERSOHN, SCARBOROUGH -- read once
  and referred to the Committee on Consumer Affairs  and  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- 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 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.
                                                           LBD14584-06-0

A. 9464--B                          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. 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
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

A. 9464--B                          3

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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A9464C (ACTIVE) - Details

See Senate Version of this Bill:: S7471
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Rel §399-dd to be §399-ff, amd §399-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A970
2013-2014: A950

2009-A9464C (ACTIVE) - Summary

Authorizes the enactment of local laws regarding playground equipment and requires the use of a temperature test on playground equipment installed by municipalities.

2009-A9464C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9464--C

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  M.  of A. KELLNER, BENEDETTO, PHEFFER, GOTTFRIED, AUBRY,
  ROBINSON, D. WEPRIN, MAISEL, POWELL, ROSENTHAL --  Multi-Sponsored  by
  --  M.  of A.  GIBSON, GLICK, JEFFRIES, MARKEY, MAYERSOHN, SCARBOROUGH
  -- read once and referred to the Committee  on  Consumer  Affairs  and
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted  to  said  committee  --  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14584-08-0

A. 9464--C                          2

OF  USE  OF  A PLAYGROUND PURSUANT TO A METHOD DEVELOPED BY THE CONSUMER
PROTECTION BOARD, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH.
  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

A. 9464--C                          3

TEMPERATURE  TESTING  PURSUANT  TO THIS SECTION NO LATER THAN MAY FIRST,
TWO THOUSAND ELEVEN  PURSUANT  TO  THE  METHOD  OF  TEMPERATURE  TESTING
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A9464

Share this bill

Sponsored By

KELLNER

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Michael Benedetto

Audrey Pheffer

Richard Gottfried

Jeffrion Aubry

multi-Sponsors

Deborah Glick

Hakeem Jeffries

Margaret Markey

William Scarborough

2009-A9464 - Details

2009-A9464 - Summary

2009-A9464 - Sponsor Memo

2009-A9464 - Bill Text download pdf

co-Sponsors

Michael Benedetto

Audrey Pheffer

Richard Gottfried

Jeffrion Aubry

multi-Sponsors

Vanessa Gibson

Deborah Glick

Hakeem Jeffries

Margaret Markey

2009-A9464A - Details

2009-A9464A - Summary

2009-A9464A - Sponsor Memo

2009-A9464A - Bill Text download pdf

co-Sponsors

Michael Benedetto

Audrey Pheffer

Richard Gottfried

Jeffrion Aubry

multi-Sponsors

Vanessa Gibson

Deborah Glick

Hakeem Jeffries

Margaret Markey

2009-A9464B - Details

2009-A9464B - Summary

2009-A9464B - Sponsor Memo

2009-A9464B - Bill Text download pdf

co-Sponsors

Michael Benedetto

Audrey Pheffer

Richard Gottfried

Jeffrion Aubry

multi-Sponsors

Vanessa Gibson

Deborah Glick

Hakeem Jeffries

Margaret Markey

2009-A9464C (ACTIVE) - Details

2009-A9464C (ACTIVE) - Summary

2009-A9464C (ACTIVE) - Bill Text download pdf

Comments