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:
    1    Section 1. Section 870-e of the labor law, as amended by  chapter  643
    2  of  the  laws  of 1986, subdivisions 1 and 2 as amended and subdivisions
    3  2-b and 2-c as added by chapter 574 of the laws of 1989, subdivision 2-a
    4  as amended and subdivision 6 as added by chapter  368  of  the  laws  of
    5  2006, is amended to read as follows:
    6    S  870-e.  Inspections.  Before  a permit may be issued as provided in
    7  section eight hundred seventy-d of this article, an  inspection  of  the
    8  amusement device, viewing stand or tent shall be made in compliance with
    9  the  procedures set by the commissioner. Such inspection shall have been
   10  conducted within [one year] TWO MONTHS prior to the permit  application,
   11  unless  such period shall have been extended by operation of subdivision
   12  four of this section.
   13    1. In the case of a permanent  device,  viewing  stand  or  tent,  the
   14  amusement device, viewing stand or tent [must] SHALL be inspected by the
   15  commissioner  or  his  authorized  representative, or in the city of New
   16  York, by the building department, at the time  of  application  for  the
   17  initial permit. In the case of an amusement device deemed by the commis-
   18  sioner  to  normally  be  operated  at speeds or with movements creating
   19  severe centrifugal forces, the  owner  or  operator  making  the  permit
   20  application  for  such  device  shall have available for inspection such
   21  recommended maintenance and safety  schedules  or  requirements  as  are
   22  supplied  by the manufacturer of the device. An initial operating permit
   23  shall not be granted in the absence of these documents. Thereafter,  the
   24  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
    1  least [annually] EVERY TWO MONTHS by a licensed architect,  professional
    2  engineer, qualified inspector of an insurance underwriter, or an inspec-
    3  tor  approved  by  the commissioner as a requirement for the issuance of
    4  each subsequent permit. Such inspection shall at minimum comply with the
    5  requirements  of  the commissioner, provided that for amusement devices,
    6  at the time of each such [annual] TWO MONTH  inspection,  the  owner  or
    7  operator  of such device shall have available for inspection such recom-
    8  mended maintenance and safety schedules or requirements as are  supplied
    9  by the manufacturer of the device and shall have available documentation
   10  that  such  maintenance  and  testing  as  are  called for by the device
   11  manufacturer have been performed during the term covered by the previous
   12  operating permit. No subsequent operating permit shall be granted in the
   13  absence of these documents. An  affidavit  of  the  [annual]  TWO  MONTH
   14  inspection shall be filed with the commissioner.
   15    2.  In  the  case  of  a temporary device, viewing stand or tent, upon
   16  first entry into the state, the amusement device, viewing stand or  tent
   17  [must]  SHALL  be inspected by the commissioner or his authorized repre-
   18  sentative for the permit to be issued. In the case of a temporary amuse-
   19  ment device deemed by the commissioner to normally operate at speeds  or
   20  with  movements creating severe centrifugal forces the owner or operator
   21  making the permit application for such device shall have  available  for
   22  inspection such recommended maintenance and safety schedules or require-
   23  ments  as  are  supplied by the manufacturer of the device. An operating
   24  permit shall not be granted in the absence of these documents.    There-
   25  after,  the  amusement  device,  viewing  stand  or tent [must] SHALL be
   26  inspected at least [annually] EVERY TWO MONTHS by a licensed  architect,
   27  professional  engineer, qualified inspector of an insurance underwriter,
   28  or an inspector approved by the commissioner as a  requirement  for  the
   29  issuance  of  each  subsequent  permit. Such inspection shall at minimum
   30  comply with the requirements of  the  commissioner,  provided  that  for
   31  amusement  devices,  at  the  time  of  each  such  [annual]  TWO  MONTH
   32  inspection, the owner or operator of such device  shall  have  available
   33  for  inspection  such  recommended  maintenance  and safety schedules or
   34  requirements as are supplied by the manufacturer of the device and shall
   35  have available documentation that such maintenance and  testing  as  are
   36  called  for  by  the  device manufacturer have been performed during the
   37  term covered by the previous operating permit. No  subsequent  operating
   38  permit  shall be granted in the absence of these documents. An affidavit
   39  of the [annual] TWO MONTH inspection shall be filed with the commission-
   40  er.
   41    2-a. Where such maintenance and safety schedules as are called for  in
   42  subdivisions  one and two of this section do not exist or are not avail-
   43  able due to circumstances beyond the control of the owner or operator of
   44  an amusement device, the owner or operator shall, within six  months  of
   45  the  discovery  of  the  unavailability of such standards, submit to the
   46  commissioner a proposed  schedule  of  maintenance  for  that  amusement
   47  device  consistent with the standards for the testing and maintenance of
   48  such devices established in accordance with the  rules  and  regulations
   49  promulgated pursuant to subdivision six of this section and shall hence-
   50  forth  be  the  schedule  with  which the owner or operator [must] SHALL
   51  comply to qualify for [annual] TWO MONTH operating permits.
   52    2-b. None of the provisions contained in  subdivision  two-a  of  this
   53  section  shall  be interpreted as to prevent the owner or operator of an
   54  amusement device from receiving [an annual] A TWO MONTH permit to  oper-
   55  ate  such  device  during  the  proposed maintenance schedule submission
   56  process described in such subdivision provided that such owner or opera-
       A. 174                              3
    1  tor meets all the requirements for [an annual]  A  TWO  MONTH  operating
    2  permit as they exist prior to the effective date of this subdivision.
    3    2-c.  The owner or operator of an amusement device shall conspicuously
    4  post a sign containing safety guidelines to be followed by patrons while
    5  on or in the amusement device  and  behavior  or  activities  which  are
    6  prohibited as threats either to the patrons themselves, other patrons or
    7  the  general  public.  Such  signs shall contain warnings that there are
    8  inherent risks in the participation in or on the amusement device, since
    9  it is recognized that participation in or on the device may be hazardous
   10  regardless of all feasible safety measures that can be undertaken by the
   11  device owner or operator; and that there is a duty for  the  patrons  to
   12  become  apprised of the warnings and the risks inherent in participation
   13  in or on the amusement device if the warnings are not obeyed.  Prior  to
   14  participating  in or on such amusement device, patrons shall familiarize
   15  themselves with the posted safety warnings so  that  they  may  make  an
   16  informed decision of whether to participate in or on the device notwith-
   17  standing the risks.
   18    3.  In the case of an amusement device, viewing stand or tent which is
   19  substantially rebuilt or substantially modified  so  as  to  change  the
   20  structure,  mechanism, or capacity of the device, viewing stand or tent,
   21  the owner or lessee shall give written notice to  the  commissioner  who
   22  shall  cause  the device, viewing stand or tent to be inspected prior to
   23  the time in which it is put into  operation  and  who  shall  cause  any
   24  current  permit to be updated so as to include any modifications made to
   25  the device, viewing stand or tent.
   26    4. In the event an operator is unable to secure an inspection  by  his
   27  insurance  carrier  within  [one  year]  TWO MONTHS from the date of the
   28  previous inspection, such previous inspection shall be deemed valid  for
   29  purposes  of  this  article  for  a  period  of  thirty additional days,
   30  provided such operator made  an  inspection  request  to  his  insurance
   31  carrier at least sixty days prior to the inspection anniversary date.
   32    5.  No  amusement device, viewing stand or tent which fails to pass an
   33  inspection shall be operated for public use until it has passed a subse-
   34  quent inspection.
   35    6. The commissioner shall, in consultation with the carnival, fair and
   36  amusement park safety advisory board as established under section  eight
   37  hundred seventy-n of this article, [as added by a chapter of the laws of
   38  two  thousand  six,] establish rules and regulations providing standards
   39  for the design, manufacture, testing, inspection, quality assurance  and
   40  terminology  of amusement devices. The rules and regulations established
   41  pursuant to this subdivision shall be consistent with the national stan-
   42  dards for amusement devices, as established by the American  Society  of
   43  Testing and Materials.
   44    7.  THE  COMMISSIONER  IS  AUTHORIZED TO IMPLEMENT A PROGRAM OF RANDOM
   45  AUDITS  OR  UNANNOUNCED  INSPECTIONS  FOR  COMPLIANCE  WITH   INSPECTION
   46  REQUIREMENTS AND/OR THE PROVISIONS IN THIS SECTION.
   47    8.  AN AMUSEMENT DEVICE SHALL BE INSPECTED AND TESTED EACH DAY WHEN IT
   48  IS INTENDED TO BE USED.
   49    9. THE INSPECTION AND TEST SHALL BE PERFORMED BY A PERSON  EXPERIENCED
   50  AND  INSTRUCTED  IN  THE  PROPER  OPERATION  OF  THE DEVICE AND SHALL BE
   51  PERFORMED BEFORE THE DEVICE IS PUT INTO NORMAL OPERATION.
   52    10. THE INSPECTION AND TEST SHALL INCLUDE  THE  OPERATION  OF  CONTROL
   53  DEVICES, SPEED-LIMITING DEVICES, BRAKES AND OTHER EQUIPMENT PROVIDED FOR
   54  SAFETY.  A RECORD OF EACH INSPECTION AND TEST SHALL BE MADE AT ONCE UPON
   55  COMPLETION OF THE TEST ON A FORM PROVIDED BY THE COMMISSIONER  OR  ON  A
   56  FORM  APPROVED BY THE COMMISSIONER WITH THE INFORMATION REQUIRED BY THIS
       A. 174                              4
    1  SECTION AND SHALL BE KEPT WITH THE DEVICE AND AVAILABLE TO  THE  COMMIS-
    2  SIONER FOR AT LEAST THIRTY DAYS.
    3    11.  THIS DAILY MAINTENANCE INSPECTION LOG SHALL BE KEPT FOR EACH RIDE
    4  AND SHALL BE SIGNED BY THE INDIVIDUAL  CONDUCTING  THE  INSPECTION.  THE
    5  INSPECTION  ENTRY  SHALL INCLUDE, BUT NOT BE LIMITED TO: THE NAME OF THE
    6  RIDE; THE PRINTED NAME OF THE INDIVIDUAL REVIEWING THE  INSPECTION  LOG;
    7  THE  SIGNATURE  OF THE INDIVIDUAL REVIEWING THE INSPECTION LOG; THE DATE
    8  AND TIME  OF  THE  INSPECTION;  A  SUMMARY  OF  DEFICIENCIES  FOUND  AND
    9  CORRECTED  DURING  THE INSPECTION OF THE AMUSEMENT DEVICE; THE RESULT OF
   10  THE MAINTENANCE INSPECTION. IF THE RIDE HAS BECOME  NON-OPERATIONAL  FOR
   11  ANY  PERIOD  OF  TIME  AND  AT THE DISCRETION OF THE OWNER, THE OPERATOR
   12  SHALL PERFORM  A  RE-INSPECTION  AND  DOCUMENT  THEIR  FINDINGS  IN  THE
   13  INSPECTION LOG BEFORE PLACING THE RIDE INTO OPERATION AGAIN.  THE OPERA-
   14  TOR INSPECTION LOG SHALL INCLUDE, BUT NOT BE LIMITED TO: THE NAME OF THE
   15  RIDE  BEING  INSPECTED;  THE  LEGIBLE  NAME  AND SIGNATURE OF THE PERSON
   16  COMPLETING THE LOG; THE DATE OF THE  INSPECTION;  A  DETAILED  LIST  AND
   17  DESCRIPTION  OF  ALL  ITEMS BEING CHECKED; AND DETAILS OF TESTING WITHIN
   18  THE TIMEFRAME SPECIFIED IN THE OPERATING MANUAL OF ALL CONTROL  DEVICES,
   19  SPEED-LIMITING  DEVICES,  BLOCK  SYSTEM, EMERGENCY BRAKES, AUTOMATIC AND
   20  MANUAL LOWERING DEVICES AND ANY OTHER EQUIPMENT PROVIDED FOR SAFETY.
   21    S 2. The labor law is amended by adding a new section 870-p to read as
   22  follows:
   23    S 870-P. OPERATIONS. 1. AMUSEMENT DEVICES SHALL BE OPERATED SOLELY  BY
   24  COMPETENT  OPERATORS  AT  LEAST  EIGHTEEN  YEARS OF AGE. EMPLOYERS SHALL
   25  CHECK PROSPECTIVE OPERATORS' IDENTIFICATIONS BEFORE HIRING OPERATORS.
   26    2. EVERY OPERATOR SHALL HAVE KNOWLEDGE OF THE USES  AND  FUNCTIONS  OF
   27  ALL NORMAL AND EMERGENCY OPERATING CONTROLS AND OF THE PROPER USE OF THE
   28  AMUSEMENT DEVICES. OWNERS SHALL ENSURE THAT A RIDE OPERATOR HAS READ AND
   29  UNDERSTANDS  THE MANUFACTURERS' RECOMMENDATIONS FOR THE OPERATION OF THE
   30  RIDES AND, IF APPLICABLE, ANY OPERATIONS MANUALS PROVIDED BY THE OWNERS;
   31  KNOWS THE SAFETY-BASED LIMITATIONS REGARDING WHO MAY RIDE THE RIDES;  IS
   32  WELL  VERSED  ON  EMERGENCY PROCEDURES; HAS ADEQUATE TRAINING TO OPERATE
   33  THE RIDES; KNOWS HOW TO CONDUCT THE  RIDE  CHECKS  AS  REQUIRED  BY  THE
   34  MANUFACTURERS; KNOWS HOW TO VERIFY THAT THE DAILY MAINTENANCE INSPECTION
   35  LOG HAS BEEN COMPLETED PRIOR TO OPERATING THE RIDE; AND HAS KNOWLEDGE OF
   36  THE  USE AND FUNCTION OF ALL NORMAL AND EMERGENCY OPERATING CONTROLS AND
   37  THE PROPER USE OF THE RIDES.
   38    3. AN OPERATOR SHALL NOT LEAVE THE RIDES UNATTENDED WITHOUT  DISABLING
   39  THE  CONTROLS  SO  THAT  THE  RIDES  CANNOT  BE  STARTED BY UNAUTHORIZED
   40  PERSONS. IF THE RIDES ARE LEFT UNATTENDED AND DISABLED DURING AN  OPERA-
   41  TIONAL  DAY, THE OPERATOR, UPON RETURNING, SHALL RUN A COMPLETE CYCLE OF
   42  THE RIDE, PRIOR TO RE-OPENING THE RIDE.
   43    4. THE OPERATOR SHALL CHECK  EACH  AND  EVERY  RESTRAINT,  CONSTRAINT,
   44  SEATBELT,  LAP  BAR  AND ANY OTHER DEVICE USED IN SECURING RIDERS INTO A
   45  VEHICLE INDIVIDUALLY TO ASSURE THAT IT IS LOCKED PROPERLY AND  THAT  THE
   46  RIDER FITS PROPERLY IN THE SAFETY SYSTEM.
   47    5. THE OPERATOR OR OPERATOR'S ASSISTANT SHALL CHECK THE HEIGHT, WEIGHT
   48  OR  SIZE  OF  RIDERS, AS APPLICABLE WITH THE HEIGHT MARK, SCALE OR OTHER
   49  MEANS OF MEASUREMENT PROVIDED BY THE OWNER.  WHEN THE WEIGHT OF A  RIDER
   50  IS  USED TO DETERMINE ENTRY TO OR USE OF A RIDE, AN ACCURATE SCALE SHALL
   51  BE PROVIDED. WHEN RIDERS ARE OF DISPARATE SIZES, RIDERS SHALL BE  PLACED
   52  IN THE RIDE SUCH THAT ANY ACTION CAUSED BY CENTRIFUGAL FORCES SHALL PUSH
   53  THE WEIGHT OF THE LIGHTER RIDER INTO THE HEAVIER RIDER.
   54    6.  AN  OPERATOR  SHALL  BE IN THE IMMEDIATE VICINITY OF THE OPERATING
   55  CONTROLS DURING OPERATION AND NO  OTHER  PERSON  SHALL  BE  SUFFERED  OR
   56  PERMITTED  TO  HANDLE SUCH CONTROLS DURING NORMAL OPERATION. NO OPERATOR
       A. 174                              5
    1  SHALL BE RESPONSIBLE FOR THE OPERATION OF MORE THAN ONE AMUSEMENT DEVICE
    2  AT A TIME.
    3    7.  OWNERS SHALL CONDUCT CRIMINAL HISTORY INQUIRIES ON ALL INDIVIDUALS
    4  WHO ARE CURRENTLY EMPLOYED OR SEEKING EMPLOYMENT AS A CERTIFIED  MAINTE-
    5  NANCE  MECHANIC,  MAINTENANCE  TECHNICIAN,  RIDE  OPERATOR,  OR OPERATOR
    6  ASSISTANT.
    7    8. OPERATORS MAY NOT OPERATE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
    8    9. THE OWNER SHALL INSTRUCT ALL OPERATORS TO GIVE THEIR FULL ATTENTION
    9  TO ANY RIDE THEY OPERATE, AND OPERATORS MAY  NOT  LISTEN  TO  ELECTRONIC
   10  DEVICES  OR  ENGAGE  IN  HANDHELD ELECTRONIC DEVICES WHILE OPERATING ANY
   11  RIDE, UNLESS SUCH DEVICES ARE RELATED TO JOB PERFORMANCE.
   12    10. THE OPERATOR AND ALL OPERATOR ASSISTANTS  SHALL  HAVE  A  COMPLETE
   13  KNOWLEDGE  OF  THE  OPERATION  OF  THE RESTRAINT SYSTEM, LAP BAR LOCKING
   14  SYSTEM, SEATBELTS, AND THE PROPER WAY TO SEAT A RIDER IN A VEHICLE.
   15    11. THE OPERATOR AND ALL OPERATOR ASSISTANTS SHALL BE  TRAINED  TO  BE
   16  AWARE  OF  THE  MOTIONS AND SOUNDS ATTRIBUTED TO THE NORMAL OPERATION OF
   17  THE RIDE. THE OPERATOR SHALL BE FAMILIAR WITH HOW THE RIDE LOOKS WHEN IT
   18  IS FUNCTIONING NORMALLY, AND BE ALERT  TO  ANY  UNUSUAL  CONDITIONS.  IF
   19  THERE ARE ANY CHANGES IN THE NORMAL OPERATING CONDITION, OPERATION SHALL
   20  CEASE  AND THE OWNER SHALL BE CALLED IMMEDIATELY. THE OWNER SHALL DECIDE
   21  THE APPROPRIATE ACTION TO BE TAKEN.
   22    12. OPERATORS AND OPERATOR ASSISTANTS SHALL KNOW  THE  WHEREABOUTS  OF
   23  ALL  SAFETY  EQUIPMENT  SUCH AS FIRE EXTINGUISHERS, EMERGENCY MAIN ELEC-
   24  TRICAL DISCONNECT, LOCK-OUT POINT AND NEAREST TELEPHONE FOR  ROUTINE  OR
   25  EMERGENCY ASSISTANCE.
   26    S 3. The labor law is amended by adding a new section 870-q to read as
   27  follows:
   28    S  870-Q.  MISCELLANEOUS. 1. EVERY APPLICABLE VENUE SHALL DESIGNATE AN
   29  OFFICE OR LOCATION AS A SITE FOR REPORTING ACCIDENTS AND  INJURIES.  THE
   30  DESIGNATED OFFICE OR SITE SHALL BE OPEN AND STAFFED DURING REGULAR BUSI-
   31  NESS  HOURS  AND SHALL BE CLEARLY DESIGNATED IN WRITING. THE OWNER SHALL
   32  DESIGNATE AND IDENTIFY MORE THAN ONE SUCH OFFICE OR LOCATION  IF  NECES-
   33  SARY WITHIN THE AMUSEMENT PARK SO THAT NO AREA CONTAINING AMUSEMENT PARK
   34  RIDES  IS  FURTHER  THAN  REASONABLE  WALKING DISTANCE FROM AN OFFICE OR
   35  LOCATION.
   36    2. A RIDER SHALL NOT BOARD OR ATTEMPT TO BOARD ANY RIDE IF HE  OR  SHE
   37  IS KNOWINGLY OR RECKLESSLY UNDER THE INFLUENCE OF ANY ALCOHOLIC BEVERAGE
   38  OR  ANY SUBSTANCE THAT AFFECTS HIS OR HER ABILITY TO SAFELY USE THE RIDE
   39  AND ABIDE BY THE POSTED AND STATED INSTRUCTIONS.
   40    3. THE OPERATOR OF THE AMUSEMENT RIDE  MAY  PREVENT  A  RIDER  WHO  IS
   41  PERCEPTIBLY  OR  APPARENTLY UNDER THE INFLUENCE OF DRUGS OR ALCOHOL FROM
   42  RIDING ON AN AMUSEMENT RIDE. AN OPERATOR WHO PREVENTS SUCH A RIDER  FROM
   43  BOARDING  A RIDE IN ACCORDANCE WITH THIS SECTION SHALL NOT BE CRIMINALLY
   44  OR CIVILLY LIABLE IF THE OPERATOR HAS A REASONABLE BASIS  FOR  BELIEVING
   45  THAT THE RIDER IS UNDER THE INFLUENCE OF SUCH A SUBSTANCE.
   46    4. THE PUBLIC SHALL NOT BE ALLOWED TO ENTER THE AREA IN WHICH ASSEMBLY
   47  OR DISASSEMBLY OF AN AMUSEMENT DEVICE IS BEING PERFORMED.
   48    5.  UPON  THE TRANSFER OF OWNERSHIP OF ANY AMUSEMENT DEVICE, THE OWNER
   49  OF THE AMUSEMENT DEVICE BEING TRANSFERRED  SHALL  NOTIFY  THE  STATE  IN
   50  WRITING  OF  THE  TRANSFER, AND SHALL TRANSFER ALL RECORDS PERTAINING TO
   51  THAT AMUSEMENT DEVICE TO THE NEW OWNER. THE NEW OWNER SHALL OBTAIN A NEW
   52  LICENSE AND PERMIT PRIOR TO OPERATING THE AMUSEMENT DEVICE.
   53    S 4. This act shall take effect immediately.