Illinois General Assembly - Full Text of HB3897
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Full Text of HB3897  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Robyn Gabel


New Act
30 ILCS 105/5.878 new

    Creates the Trampoline Safety Act. Provides for the adoption of rules and regulations by the Director of the Department of Labor, and specifies further duties of the Director. Provides requirements for registration and inspection of trampoline courts. Specifies the duties of owners or operators of trampoline courts. Provides requirements for the use of trampoline courts by patrons. Provides an enforcement provision and specifies compliance for trampoline courts in existence in this State prior to the effective date of this Act. Amends the State Finance Act to create the Trampoline Court Safety Fund.

LRB100 08294 RJF 18396 b





HB3897LRB100 08294 RJF 18396 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Trampoline Safety Act.
6    Section 5. Definitions. As used in this Act:
7    "Department" means the Department of Labor.
8    "Director" means the Director of the Department of Labor.
9    "Trampoline court" means a commercial facility with a
10defined area composed of one or more trampolines, a series of
11trampolines, a trampoline court foam pit, or a series of
12trampoline court foam pits. "Trampoline court" does not include
13the following:
14        (1) Any playground operated by a school or local
15    government.
16        (2) Inflatable rides, inflatable bounce houses, ball
17    crawls, and equipment used exclusively for exercise.
18        (3) A physical rehabilitation facility.
19        (4) A gymnastic training facility that derives a
20    majority of its revenue from supervised instruction in the
21    teaching of gymnastic skills and basics.
22    Section 10. Rules and regulations; duties and fees.



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1    (a) The Director of the Department shall adopt and
2formulate definitions, rules, and regulations for the safe
3installation, repair, maintenance, use, operation, and
4inspection of all trampoline courts as the Director finds
5necessary for the protection of the general public using
6trampoline courts. These rules and standards shall be adopted
7under the procedures set forth in the Illinois Administrative
8Procedure Act. The rules shall be based upon generally accepted
9engineering standards and shall be concerned with, but not
10necessarily limited to, engineering force stresses, safety
11devices, and preventive maintenance. Whenever such standards
12are available in suitable form they may be incorporated by
13reference. The rules shall provide for the reporting of
14accidents and injuries incurred from the operation of
15trampoline courts.
16    (b) The Director shall also have the following specified
18        (1) establish fees for the initial registration and
19    renewal of registration of trampoline courts in amounts to
20    be determined by the Director;
21        (2) deposit all fees received under this Section into
22    the Trampoline Court Safety Fund established by this
23    Section;
24        (3) request from each trampoline court owner or
25    operator information to determine that the insurance
26    required under this Act is in effect, and that the



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1    trampoline court has been inspected at least annually;
2        (4) maintain a registry of all trampoline courts; and
3        (5) maintain, as public record, proof of insurance,
4    service calls to emergency responders, and inspection
5    certificates that are issued by an insurer or an inspector
6    with whom the insurer has contracted and records for each
7    trampoline court that is registered under this Act.
8    (c) The Trampoline Court Safety Fund is created as a
9special fund in the State Treasury to consist of monies
10received under this Section. The Director shall administer the
11fund and use the monies in the fund for implementation and
12other necessary uses under this Act.
13    Section 15. Registration; renewal.
14    (a) No trampoline court shall be operated in this State
15without the owner or operator registering with the Department
16for the use of such a facility. At least 30 days prior to the
17first day of operation or the expiration of registration, any
18person required to obtain registration under this Act shall
19apply to the Director for registration on a form furnished by
20the Director which form shall contain such information as the
21Director may require.
22    (b) Any application for registration or renewal of
23registration under this Section shall be accompanied by proof
24of insurance and a fee, as determined by the Director under
25Section 10 of this Act.



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1    (c) Any owner or operator who, before seeking registration,
2fails to pass an inspection as required under Section 20 of
3this Act shall not be allowed to register for purposes of
4operating a trampoline court under this Act.
5    Section 20. Inspection.
6    (a) For the purpose of determining if a trampoline court is
7in safe operating condition and will provide protection to the
8public, each trampoline court shall be inspected by the
9Director before it is initially placed in operation in this
10State, and shall thereafter be inspected at least once each
12    (b) If, after inspection, a trampoline court is found to
13comply with the rules adopted under this Act, the Director
14shall allow the operation of the trampoline court and issue a
15certificate of registration. If, after inspection, a
16trampoline court does not comply with the rules adopted under
17this Act, it shall not be permitted to operate until its
18defects are brought into compliance.
19    (c) If, after inspection, additions or alterations are
20contemplated which change a structure, mechanism,
21classification, or capacity, the owner or operator shall notify
22the Director of his or her intentions in writing and provide
23any plans or diagrams requested by the Director for the purpose
24of safety inspection of those modifications.



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1    Section 25. Owner and operator duties. A trampoline court
2owner or operator shall have the following duties with respect
3to operation of a trampoline court:
4    (a) A trampoline court owner or operator shall be required
5to maintain at all times the certificate of registration issued
6after the annual inspection required under Section 20.
7    (b) A trampoline court owner or operator shall procure
8insurance for the trampoline court from an insurer authorized
9to do business in this State for the purpose insuring the owner
10or operator against liability for injury to persons arising
11from the use of the trampoline court, in an amount to be
12determined by the Director.
13    (c) A trampoline court owner or operator shall maintain and
14display at all times the certificate of registration, or an
15equivalent document, issued by the Department.
16    (d) A trampoline court owner or operator shall maintain for
17a period of at least 2 years accurate records of any
18governmental action taken relating to the trampoline court,
19including any operation permits, insurance certificates,
20inspection reports, service calls to emergency responders,
21maintenance and operational records, and records documenting
22the repair or replacement of equipment used in the operation of
23the trampoline court. The owner or operator of the trampoline
24court shall provide a copy of these records to the Director on
25request when the owner or operator applies for initial
26registration and registration renewal.



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1    (e) A trampoline court owner or operator shall maintain for
2a period of at least 2 years accurate records of service calls
3to emergency responders from the trampoline court. Within 10
4days after a trampoline court makes a service call to an
5emergency responder, an owner or operator of the trampoline
6court shall provide a copy of the service call records to both
7the Director and the Department of Public Health, for the
8purpose of compiling the incidence of trampoline court related
9injuries. The service call records are public records.
10    Section 30. Use of trampoline courts by patrons.
11    (a) The owner or operator of a trampoline court may remove
12a person from or deny a person entry to a trampoline court if,
13in the owner's or operator's opinion, the entry or conduct may
14jeopardize the safety of such person or the safety of any other
15person. Nothing in this subsection (a) shall permit an owner or
16operator to deny an inspector access to the trampoline court
17when the inspector is acting within the scope of his or her
18duties under this Act.
19    (b) A trampoline court patron shall follow all rules that
20are posted or provided in writing to the patron by the
21trampoline court owner or operator. The rules shall include a
22statement that there are inherent risks in the participation in
23a trampoline court activity or on any trampoline court, and
24that a trampoline court patron, by participation, understands
25the risks inherent in the participation of which the ordinary



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1prudent person is or should be aware. The rules shall also
2include requirements concerning patron conduct in the use of
3trampolines, as well as other safety restrictions concerning
4the height, weight, age, and physical limitations of patrons
5who may wish to use the trampolines.
6    (c) Use of trampoline courts by patrons shall be monitored
7at all times by at least one adult employee of the owner or
8operator who is physically present in the trampoline room.
9    Section 35. Enforcement.
10    (a) The Director may determine compliance with this Act,
11prohibit the operation of any trampoline court that is not in
12compliance with this Act, and the Department shall have the
13power to bring injunctive proceedings in any court of competent
14jurisdiction to compel compliance with any order made by the
15Department under this Act.
16    (b) The Department shall also have the power to bring
17temporary and immediate injunctive relief in any court of
18competent jurisdiction when necessary for the protection of the
19health and safety of the general public using trampoline
21    (c) Upon request, the owner or operator of a trampoline
22court shall provide the registration certificate, inspection
23certificate that is issued by an insurer or an inspector with
24whom the insurer has contracted, and insurance certificate to
25the Director. A copy of the documents may be provided instead



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1of originals.
2    Section 40. Existing trampoline courts; compliance. Within
390 days after the effective date of this Act, trampoline
4courts, as defined under Section 5, that are in existence on
5the effective date of this Act, must be in full compliance with
6the provisions of this Act. A trampoline court may not operate
7any portion of the facility that is not in compliance with this
9    Section 100. The State Finance Act is amended by adding
10Section 5.878 as follows:
11    (30 ILCS 105/5.878 new)
12    Sec. 5.878. The Trampoline Court Safety Fund.