HB3897 100TH GENERAL ASSEMBLY

LRB100 08294 RJF 18396 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3897

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

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.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Trampoline Safety Act.

Section 5. Definitions. As used in this Act:

"Department" means the Department of Labor.

"Director" means the Director of the Department of Labor.

"Trampoline court" means a commercial facility with a defined area composed of one or more trampolines, a series of trampolines, a trampoline court foam pit, or a series of trampoline court foam pits. "Trampoline court" does not include the following:

(1) Any playground operated by a school or local government.

(2) Inflatable rides, inflatable bounce houses, ball crawls, and equipment used exclusively for exercise.

(3) A physical rehabilitation facility.

(4) A gymnastic training facility that derives a majority of its revenue from supervised instruction in the teaching of gymnastic skills and basics.

Section 10. Rules and regulations; duties and fees.

(a) The Director of the Department shall adopt and formulate definitions, rules, and regulations for the safe installation, repair, maintenance, use, operation, and inspection of all trampoline courts as the Director finds necessary for the protection of the general public using trampoline courts. These rules and standards shall be adopted under the procedures set forth in the Illinois Administrative Procedure Act. The rules shall be based upon generally accepted engineering standards and shall be concerned with, but not necessarily limited to, engineering force stresses, safety devices, and preventive maintenance. Whenever such standards are available in suitable form they may be incorporated by reference. The rules shall provide for the reporting of accidents and injuries incurred from the operation of trampoline courts.

(b) The Director shall also have the following specified duties:

(1) establish fees for the initial registration and renewal of registration of trampoline courts in amounts to be determined by the Director;

(2) deposit all fees received under this Section into the Trampoline Court Safety Fund established by this Section;

(3) request from each trampoline court owner or operator information to determine that the insurance required under this Act is in effect, and that the trampoline court has been inspected at least annually;

(4) maintain a registry of all trampoline courts; and

(5) maintain, as public record, proof of insurance, service calls to emergency responders, and inspection certificates that are issued by an insurer or an inspector with whom the insurer has contracted and records for each trampoline court that is registered under this Act.

(c) The Trampoline Court Safety Fund is created as a special fund in the State Treasury to consist of monies received under this Section. The Director shall administer the fund and use the monies in the fund for implementation and other necessary uses under this Act.

Section 15. Registration; renewal.

(a) No trampoline court shall be operated in this State without the owner or operator registering with the Department for the use of such a facility. At least 30 days prior to the first day of operation or the expiration of registration, any person required to obtain registration under this Act shall apply to the Director for registration on a form furnished by the Director which form shall contain such information as the Director may require.

(b) Any application for registration or renewal of registration under this Section shall be accompanied by proof of insurance and a fee, as determined by the Director under Section 10 of this Act.

(c) Any owner or operator who, before seeking registration, fails to pass an inspection as required under Section 20 of this Act shall not be allowed to register for purposes of operating a trampoline court under this Act.

Section 20. Inspection.

(a) For the purpose of determining if a trampoline court is in safe operating condition and will provide protection to the public, each trampoline court shall be inspected by the Director before it is initially placed in operation in this State, and shall thereafter be inspected at least once each year.

(b) If, after inspection, a trampoline court is found to comply with the rules adopted under this Act, the Director shall allow the operation of the trampoline court and issue a certificate of registration. If, after inspection, a trampoline court does not comply with the rules adopted under this Act, it shall not be permitted to operate until its defects are brought into compliance.

(c) If, after inspection, additions or alterations are contemplated which change a structure, mechanism, classification, or capacity, the owner or operator shall notify the Director of his or her intentions in writing and provide any plans or diagrams requested by the Director for the purpose of safety inspection of those modifications.

Section 25. Owner and operator duties. A trampoline court owner or operator shall have the following duties with respect to operation of a trampoline court:

(a) A trampoline court owner or operator shall be required to maintain at all times the certificate of registration issued after the annual inspection required under Section 20.

(b) A trampoline court owner or operator shall procure insurance for the trampoline court from an insurer authorized to do business in this State for the purpose insuring the owner or operator against liability for injury to persons arising from the use of the trampoline court, in an amount to be determined by the Director.

(c) A trampoline court owner or operator shall maintain and display at all times the certificate of registration, or an equivalent document, issued by the Department.

(d) A trampoline court owner or operator shall maintain for a period of at least 2 years accurate records of any governmental action taken relating to the trampoline court, including any operation permits, insurance certificates, inspection reports, service calls to emergency responders, maintenance and operational records, and records documenting the repair or replacement of equipment used in the operation of the trampoline court. The owner or operator of the trampoline court shall provide a copy of these records to the Director on request when the owner or operator applies for initial registration and registration renewal.

(e) A trampoline court owner or operator shall maintain for a period of at least 2 years accurate records of service calls to emergency responders from the trampoline court. Within 10 days after a trampoline court makes a service call to an emergency responder, an owner or operator of the trampoline court shall provide a copy of the service call records to both the Director and the Department of Public Health, for the purpose of compiling the incidence of trampoline court related injuries. The service call records are public records.

Section 30. Use of trampoline courts by patrons.

(a) The owner or operator of a trampoline court may remove a person from or deny a person entry to a trampoline court if, in the owner's or operator's opinion, the entry or conduct may jeopardize the safety of such person or the safety of any other person. Nothing in this subsection (a) shall permit an owner or operator to deny an inspector access to the trampoline court when the inspector is acting within the scope of his or her duties under this Act.

(b) A trampoline court patron shall follow all rules that are posted or provided in writing to the patron by the trampoline court owner or operator. The rules shall include a statement that there are inherent risks in the participation in a trampoline court activity or on any trampoline court, and that a trampoline court patron, by participation, understands the risks inherent in the participation of which the ordinary prudent person is or should be aware. The rules shall also include requirements concerning patron conduct in the use of trampolines, as well as other safety restrictions concerning the height, weight, age, and physical limitations of patrons who may wish to use the trampolines.

(c) Use of trampoline courts by patrons shall be monitored at all times by at least one adult employee of the owner or operator who is physically present in the trampoline room.

Section 35. Enforcement.

(a) The Director may determine compliance with this Act, prohibit the operation of any trampoline court that is not in compliance with this Act, and the Department shall have the power to bring injunctive proceedings in any court of competent jurisdiction to compel compliance with any order made by the Department under this Act.

(b) The Department shall also have the power to bring temporary and immediate injunctive relief in any court of competent jurisdiction when necessary for the protection of the health and safety of the general public using trampoline courts.

(c) Upon request, the owner or operator of a trampoline court shall provide the registration certificate, inspection certificate that is issued by an insurer or an inspector with whom the insurer has contracted, and insurance certificate to the Director. A copy of the documents may be provided instead of originals.

Section 40. Existing trampoline courts; compliance. Within 90 days after the effective date of this Act, trampoline courts, as defined under Section 5, that are in existence on the effective date of this Act, must be in full compliance with the provisions of this Act. A trampoline court may not operate any portion of the facility that is not in compliance with this Act.

Section 100. The State Finance Act is amended by adding Section 5.878 as follows:

(30 ILCS 105/5.878 new)

Sec. 5.878. The Trampoline Court Safety Fund.