Senate Bill S7471

2009-2010 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar


  • 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

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Bill Amendments

2009-S7471 - Details

Law Section:
General Business Law
Laws Affected:
Rel §399-dd to be §399-ff, amd §399-ff, Gen Bus L

2009-S7471 - 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-S7471 - Sponsor Memo

2009-S7471 - Bill Text download pdf

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

                                  7471

                            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

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
              

2009-S7471A - Details

Law Section:
General Business Law
Laws Affected:
Rel §399-dd to be §399-ff, amd §399-ff, Gen Bus L

2009-S7471A - 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-S7471A - Sponsor Memo

2009-S7471A - Bill Text download pdf

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

                                 7471--A

                            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

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

2009-S7471B - Details

Law Section:
General Business Law
Laws Affected:
Rel §399-dd to be §399-ff, amd §399-ff, Gen Bus L

2009-S7471B - 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-S7471B - Sponsor Memo

2009-S7471B - Bill Text download pdf

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

                                 7471--B

                            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

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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

2009-S7471C (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Rel §399-dd to be §399-ff, amd §399-ff, Gen Bus L

2009-S7471C (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-S7471C (ACTIVE) - Sponsor Memo

2009-S7471C (ACTIVE) - Bill Text download pdf

                            
                    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
              

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