BILL ANALYSIS �
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THIRD READING
Bill No: SB 256
Author: Lieu (D)
Amended: 5/24/13
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 4-0, 4/24/13
AYES: Lieu, Wyland, Leno, Yee
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : 5-0, 5/23/13
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
SUBJECT : Trampoline courts: safety inspection
SOURCE : Think Before You Bounce
DIGEST : This bill creates a safety program for the inspection
by the Division of Occupational Safety and Health (DOSH), of
trampoline courts, for the protection of the general public, as
defined.
ANALYSIS :
Existing law:
1.Creates the Permanent Amusement Ride Safety Inspection
Program, a state system for the inspection of permanent
amusement rides that provides DOSH the ability to inspect
permanent amusement rides to ensure the safety of the general
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public.
2.Exempts certain amusements from the Permanent Amusement Ride
Safety Inspection Program, including skating rinks, arcades,
bowling alleys, and trampoline courts.
This bill creates a safety program for the inspection of
trampoline courts.
Specifically, this bill:
1.Requires DOSH to formulate and propose rules and regulations
for adoption by the Occupational Safety and Health Standards
Board (OSHSB) for the safe installation, repair, maintenance,
use, operation, and inspection of all permanent amusement
rides.
2.Requires annual certification by the owner of the permanent
amusement ride that provides the following information:
A. The legal name and address of the owner and his/her
representative, if any, and the primary place of business
of the owner;
B. A description of, the name of the manufacturer of, and,
if given by the manufacturer, the serial number and model
number of, the trampoline court; and
C. A written declaration, executed by a qualified safety
inspector, stating that, within the preceding 12-month
period, the trampoline court was inspected by the qualified
safety inspector and that the trampoline court is in
material conformance with the requirements DOSH and OSHSB.
1.Prohibits the operation of a trampoline court that has been
inspected by a qualified safety inspector or division
inspector and found to be unsafe, unless all necessary repairs
or modifications have been completed and certified as
completed by a qualified safety inspector.
2.Requires that all qualified safety inspectors be approved by
DOSH and meet the following requirements:
A. Holds a valid professional engineer's license issued by
this state or issued by an equivalent licensing body in
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another state, and who has been approved by DOSH; or
B. Has a minimum of five years experience in the amusement
ride field, at least two years of which was involved in
actual amusement ride inspection with a manufacturer,
government agency, amusement park, carnival, or insurance
underwriter and meets certain educational requirements.
1.Requires the owner of a trampoline court to maintain all of
the records necessary to demonstrate that the requirements of
this bill have been met, including, but not limited to,
employee training records, inspection records for each
trampoline court, and records of accidents requiring medical
service other than ordinary first aid, and make them available
to a DOSH inspector upon request.
2.Requires DOSH to conduct an annual inspection of the
trampoline court.
3.Requires each operator of a trampoline court to report
immediately by telephone each known accident where
maintenance, operation, or use of the trampoline court results
in a death or serious injury to any person.
4.Requires that if a death or serious injury results from the
failure, malfunction, or operation of a trampoline court, the
equipment or conditions that caused the accident shall be
preserved for the purpose of an investigation by DOSH.
5.Requires the following insurance requirements:
A. An insurance policy in an amount not less than one
million dollars ($1,000,000) per occurrence insuring the
owner or operator against liability for injury or death to
persons arising out of the use of the trampoline court.
B. Meets a financial test of self-insurance, as prescribed
by rules and regulations promulgated by DOSH.
1. Requires the owner of a trampoline court to provide training
for its employees in the safe operation and maintenance of
amusement rides, as required by the standards adopted by the
American Society for Testing and Materials.
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2. Creates The Trampoline Courts Safety Fund and allows DOSH to
fix and collect all fees necessary to cover the reasonable
costs of administering this part.
3. Provides that any operator of a trampoline court who has
willfully or intentionally violated the above standards, and
that violation results in a death or serious injury, DOSH
must impose on that owner or operator a civil penalty of not
less than twenty-five thousand dollars ($25,000) and not more
than seventy thousand dollars ($70,000).
Prior Legislation
AB 850 (Torlakson, Statutes of 1999, Chapter 585), created the
Permanent Amusement Ride Safety Inspection Program.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis, the
Department of Industrial Relations (DIR) estimates that it would
incur costs of $640,000 (special funds) for additional staff to
implement the provisions of the bill. This amount includes
about $40,000 in one-time start-up costs. The on-going new
staff would include (1) two permanent full-year Associate Safety
Engineers to perform inspections, conduct accident
investigations, and issue the annual permits to for trampoline
parks to operate, and (2) the following partial-year positions:
A Senior Safety Engineer to assist in drafting and
developing initial regulatory language and oversee advisory
committee process and preparation of DOSH regulatory
documents on safe operation to the Occupational Safety and
Health Standards Board;
An Office Technician to provide office support during
rulemaking for annual permit inspection program;
A District Manager to supervise staff in Amusement Ride
Unit on this project;
A Industrial Relations Counsel III to assist in drafting
and developing initial regulatory language for assessing
inspection and permit fees to enable DOSH to recover its
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costs for this part of the program.
The bill provides DIR with fee authority to cover the reasonable
costs of administration.
SUPPORT : (Verified 5/24/13)
Think Before You Bounce (source)
Consumer Federation of California
Safeparks
OPPOSITION : (Verified 5/24/13)
Department of Finance
International Association of Trampoline Parks
ARGUMENTS IN SUPPORT : Proponents of the bill note that, over
the past five years, trampoline parks have grown rapidly in
California. Proponents estimate that over 3 million
Californians are annually attending the 26 trampoline parks that
currently exist in California and that about 6,000 people are
being injured and about 600 of those injuries are severe enough
to warrant 911 calls. Proponents note that trampoline parks are
currently unregulated, and proponents believe that this high
incidence of injuries demands regulation by DOSH, like permanent
amusement rides. Proponents argue that SB 256 will increase
safety at trampoline parks by creating an inspection program,
requiring appropriate levels of insurance, training employees on
the safe operation of trampoline park equipment, and requiring
trampoline courts to report serious injuries.
ARGUMENTS IN OPPOSITION : Opponents argue it is unclear if
additional regulations pertaining to the inspection of
trampoline courts and safety training would result in fewer
trampoline injuries. Currently there is no clear documentation
linking trampoline injuries to negligence as opposed to the
inherent risk of the activity, so the bill may be premature.
PQ:ej 5/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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