HB2179 - 512R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Heading change

The article heading of title 44, chapter 11, article 22, Arizona Revised Statutes, is changed from "AMUSEMENT RIDE SAFETY" to "AMUSEMENT RIDE AND TRAMPOLINE COURT SAFETY".

Sec. 2. Section 44-1799.61, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.61. Definitions

In this article, unless the context otherwise requires, :

1. "Amusement ride":

1. (a) Means a device or a combination of devices or elements that carry, convey or direct a person over or through a fixed or restricted course or in a defined area for the primary purpose of public amusement or entertainment.

2. (b) Does not include:

(a) (i) A coin operated ride that is manually, mechanically or electrically operated, that is customarily placed in a public location and that does not normally require the supervision or services of an operator.

(b) (ii) Nonmechanized playground equipment, including swings, seesaws, stationary spring-mounted animal features, rider-propelled merry‑go‑rounds, climbers, slides, trampolines and physical fitness devices.

(d) (iv) Inflated devices and elements.

2. "Trampoline court":

(a) 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.

(b) Does not include:

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

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

(iii) A physical rehabilitation facility.

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

Sec. 3. Section 44-1799.62, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.62. Municipality and county powers; public inspection exception; violation; classification

A. Municipalities and counties may:

1. Administer and enforce this article for amusement rides and trampoline courts in their respective jurisdictions.

2. Establish reasonable and necessary fees to administer and enforce this article. The fees shall not exceed fees charged for business licenses or temporary use permits for similar temporary businesses.

3. Request from each amusement ride or trampoline court owner or operator, a sponsor, lessor or landowner or any other person responsible for an amusement ride or a trampoline court information to determine that the insurance required by this article is in effect and that the amusement ride or trampoline court has been inspected at least annually.

4. Review and retain other records necessary to establish compliance with this article, including insurance certificates or policies, inspection certificates and reports, permits, licenses, maintenance records, injury records and operational records. The records listed in this paragraph are not subject to public inspection. Records may be disclosed on written consent of the owner, on receipt of a court order or if required by law. Any person who knowingly discloses any record or other information in violation of this section is guilty of a class 3 misdemeanor.

B. Municipalities and counties that elect to administer and enforce this article shall collect fees and review information at the time of the application for a permit. The application shall be submitted either:

1. At least thirty days before a scheduled public operation of the amusement ride or trampoline court.

2. At least sixty days after the municipality or county elects to administer and enforce this article if the applicant publicly operates an amusement ride or trampoline court on the effective date of this amendment to this section.

C. A permit is only valid in the municipality or county for which it is issued. END_STATUTE

Sec. 4. Section 44-1799.63, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.63. Amusement ride or trampoline court owners and operators; requirements; denial of entry

A. An amusement ride or trampoline court owner or operator shall:

1. Have the amusement ride or trampoline court inspected at least once a year by an insurer, a person with whom the insurer has contracted or an amusement ride or a trampoline court inspector provided by a municipality or county who is experienced and educated in amusement ride or trampoline court inspections in compliance with the amusement rides and devices or trampoline courts standards of the American society of testing and materials. If an inspection reveals that the amusement ride or trampoline court does not meet the amusement rides and devices or trampoline courts standards of the American society of testing and materials or requires repair or replacement of equipment, the inspector shall notify the owner or operator and shall not issue the written certificate of inspection until the owner or operator meets the standards and makes the repairs or installs the replacement equipment.

2. Maintain at all times a written certificate of the annual inspection.

3. Procure insurance for the amusement ride or trampoline court from an insurer authorized to do business in this state pursuant to section 20‑217 or by an insurer on the list of qualified unauthorized insurers pursuant to section 20‑413, insuring the owner or operator against liability for injury to persons arising from the use of the amusement ride or trampoline court, in an amount of not less than one million dollars for bodily injury and five hundred thousand dollars for property damage per occurrence or in an amount of two million dollars per occurrence for a combined single limit.

4. Maintain at all times the written permit for operation of the amusement ride or trampoline court issued by the municipality or county if the permit is issued pursuant to section 44‑1799.62.

5. Provide to each sponsor, lessor or property owner of the property where the amusement ride or trampoline court is operated documentation of compliance with the insurance, inspection and permit requirements of this article.

6. Maintain for a period of at least two years accurate records of any governmental action taken in any state relating to the amusement ride or trampoline court, including any operation permits, insurance certificates, inspection reports, incident reports, maintenance and operational records and records documenting the repair or replacement of equipment used in the operation of the amusement ride or trampoline court. A copy of these records shall be provided to the municipality or county at the time of application for a permit under section 44‑1799.62.

7. Maintain for a period of at least two years accurate records of serious injuries actually caused by the amusement ride or trampoline court that are consistent with the recording standards of the American society of testing and materials. The injury records are not subject to public inspection except upon on demand of a municipal or county peace officer or enforcement official. A copy of these records shall be provided to the municipality or county at the time of application for a permit under section 44‑1799.62.

B. An amusement ride or trampoline court operator may deny a person entry to the amusement ride of any person or trampoline court if, in the opinion of the operator, the entry may jeopardize the safety of the person or any other amusement ride or trampoline court patron. END_STATUTE

Sec. 5. Section 44-1799.64, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.64. Enforcement

A. A municipal or county peace officer or enforcement official may determine compliance with this article, may prohibit the operation of any amusement ride or trampoline court that is not in compliance with this article and may institute an action in a court of competent jurisdiction to enforce this article.

B. A municipal or county peace officer or enforcement official who is experienced and educated in amusement ride or trampoline court inspections in compliance with the amusement rides and devices or trampoline courts standards of the American society of testing and materials may enter and inspect without notice any amusement or trampoline court ride at any time.

C. On request, the owner or operator of an amusement ride or trampoline court shall provide the permit, inspection certificate, insurance certificate and other records to a municipal or county peace officer or enforcement official. A copy of the documents may be provided instead of originals.

D. This section does not prohibit the owner or operator of an amusement ride or trampoline court from seeking relief from the enforcement of this article through any appropriate legal means. END_STATUTE

Sec. 6. Short title

This act may be cited as "Ty's law".