S T A T E O F N E W Y O R K
________________________________________________________________________
174
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
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:
S 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.
LBD03179-01-5
A. 174 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. 174 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. 174 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.
S 2. The labor law is amended by adding a new section 870-p to read as
follows:
S 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. 174 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.
S 3. The labor law is amended by adding a new section 870-q to read as
follows:
S 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.
S 4. This act shall take effect immediately.