Representative Norman K Thurston proposes the following substitute bill:




Chief Sponsor: Norman K Thurston

Senate Sponsor: Curtis S. Bramble

6     Cosponsor:
Dean Sanpei


9     General Description:
10          This bill creates the Trampoline Park Safety Standards Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the operator of a trampoline park to obtain a municipal or county business
15     license conditioned upon certain requirements;
16          ▸     allows municipalities and certain counties to enact ordinances to enforce provisions
17     related to trampoline park business licenses and regulations;
18          ▸     requires trampoline parks to comply with certain safety and administrative
19     requirements; and
20          ▸     requires inspection of certain records and the facilities of trampoline parks.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None

25     Utah Code Sections Affected:
26     ENACTS:
27          11-55-101, Utah Code Annotated 1953
28          11-55-102, Utah Code Annotated 1953
29          11-55-103, Utah Code Annotated 1953
30          11-55-201, Utah Code Annotated 1953
31          11-55-202, Utah Code Annotated 1953
32          11-55-301, Utah Code Annotated 1953
33          11-55-302, Utah Code Annotated 1953
34          11-55-303, Utah Code Annotated 1953
35          11-55-304, Utah Code Annotated 1953
36          11-55-401, Utah Code Annotated 1953
37          11-55-402, Utah Code Annotated 1953
38          11-55-403, Utah Code Annotated 1953

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 11-55-101 is enacted to read:

Part 1. General Provisions

44          11-55-101. Title.
45          This chapter is known as the "Trampoline Park Safety Standards Act."
46          Section 2. Section 11-55-102 is enacted to read:
47          11-55-102. Definitions.
48          As used in this chapter:
49          (1) "Child participant" means a participant who is under 46 inches tall.
50          (2) "Commercial trampoline" means a device that:
51          (a) consists of a trampoline bed;
52          (b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics;
53     and
54          (c) is used in a trampoline gym.
55          (3) "Device use zone" means the area from the ground surface underneath a trampoline

56     bed to 204 inches above the ground surface.
57          (4) "Double bouncing" means a process where two or more participants jump onto a
58     trampoline bed at the same time, applying more downward force on the trampoline bed than
59     one participant could generate, in order to launch one participant significantly higher than is
60     otherwise possible.
61          (5) "Emergency response plan" means a written plan of action for the efficient contact,
62     deployment, and coordination of services, agencies, and personnel to provide the earliest
63     possible response to an injury or emergency.
64          (6) (a) "High-risk activity" means an activity:
65          (i) that a child participant would not be capable of performing without a substantial
66     risk of serious injury; and
67          (ii) that requires some form of training for a participant to be able to perform the
68     activity without a substantial risk of serious injury.
69          (b) "High-risk activity" includes an activity involving boxes that are more than four
70     feet above the horizontal frame of a commercial trampoline.
71          (7) "Injury" means an injury that:
72          (a) requires only basic first aid; and
73          (b) is not a serious injury.
74          (8) "Inspector" means an individual who:
75          (a) inspects a trampoline park to certify compliance with industry safety standards, this
76     chapter, and any standards or regulations enacted by a local regulating authority; and
77          (b) (i) is certified by an organization that develops and publishes consensus standards
78     for a wide range of materials, products, systems, and services; or
79          (ii) represents the insurer of the trampoline park.
80          (9) "Local regulating authority" means:
81          (a) any incorporated city, town, or metro township in the state; or
82          (b) any county located in the state with an unincorporated area in which a trampoline
83     park operates.
84          (10) "Operator" means a person who owns, manages, or controls, or who has the duty
85     to manage or control, the operation of a trampoline park.
86          (11) "Participant" means:

87          (a) a person who jumps, springs, bounces, or plays on a trampoline court, including
88     associated structures within a trampoline park; and
89          (b) a parent or legal guardian of a participant described in Subsection (11)(a) who is
90     under 18 years old.
91          (12) "Poly bed trampoline" means a trampoline bed that consists of interwoven
92     materials, where a break in the material compromises the integrity of the trampoline bed.
93          (13) (a) "Serious injury" means an injury that is reasonably likely to require medical
94     attention beyond basic first aid.
95          (b) "Serious injury" includes broken bones, head, neck, and back injuries, paralysis,
96     and cuts requiring sutures.
97          (14) "Staff member" means an employee of a trampoline park.
98          (15) "Trampoline bed" means a bed of canvas, fabric, or other material that is attached
99     to a framework by springs, rubber coils, or another elastic material, for use on a commercial
100     trampoline.
101          (16) "Trampoline court" means an area comprising:
102          (a) multiple commercial trampolines; or
103          (b) one or more commercial trampolines and one or more associated foam or inflatable
104     bag pits.
105          (17) "Trampoline park" means any place of business that operates for the purpose of
106     offering the recreational use of a trampoline court for a fee.
107          Section 3. Section 11-55-103 is enacted to read:
108          11-55-103. Exemptions.
109          This chapter does not apply to:
110          (1) a playground that a school or local government operates, if:
111          (a) the playground is an incidental amenity; and
112          (b) the operating entity does not primarily derive revenue from operating the
113     playground for a fee;
114          (2) a gymnastics, dance, cheer, or tumbling facility where:
115          (a) the majority of activities are based in training or rehearsal and not recreation;
116          (b) the facility derives at least 80% of revenues through supervised instruction or
117     classes; and

118          (c) the student-coach or student-instructor ratio is based on age, skill level, and number
119     of students; or
120          (3) equipment used exclusively for exercise, an inflatable ride, or an inflatable bounce
121     house.
122          Section 4. Section 11-55-201 is enacted to read:
Part 2. Municipal and County Licenses

124          11-55-201. Municipal or county business license required.
125          To operate a trampoline park the operator of a trampoline park shall obtain and
126     maintain, conditioned upon compliance with this chapter:
127          (1) if located within a municipality, a municipal business license authorized under
128     Section 10-1-203; or
129          (2) if located within the unincorporated area of a county, a county business license
130     authorized under Section 17-53-216.
131          Section 5. Section 11-55-202 is enacted to read:
132          11-55-202. Violation -- License suspension or revocation.
133          (1) A violation of this chapter is grounds for the local regulating authority to suspend
134     or revoke the operator's business license.
135          (2) A local regulating authority may not suspend or revoke a license under Subsection
136     (1) unless the local regulating authority provides the operator with a reasonable opportunity to
137     timely cure the violation that is the grounds for the action.
138          Section 6. Section 11-55-301 is enacted to read:
Part 3. Trampoline Park Safety

140          11-55-301. Notification and education of risk -- Signs.
141          (1) The operator of a trampoline park shall:
142          (a) educate each participant regarding the risk of serious injury associated with use of
143     the trampoline court, in addition to and separate from any waiver of liability;
144          (b) provide the education through in-person training or by video instruction;
145          (c) document the signed acknowledgment of each participant that the participant has
146     received the education; and
147          (d) ensure that the education described in Subsections (1)(a) and (b) includes:
148          (i) instruction on safe use of the facility;

149          (ii) warnings regarding any activity that this chapter and any local ordinance or rule
150     prohibit or restrict and the associated risks; and
151          (iii) direction to report any injury to a staff member before leaving the trampoline park.
152          (2) The operator of a trampoline park shall post signs at the entrance desk and in
153     conspicuous, well-lit places within the trampoline park that:
154          (a) warn of the risks of using the trampoline court;
155          (b) display safety rules, including that a participant may not:
156          (i) attempt a flip on the trampoline court until the participant has achieved sufficient
157     skill to flip safely by attempting flips into a foam pit or inflatable bag;
158          (ii) jump from any structure or surface not designed for jumping;
159          (iii) dive head first into any area of the facility under any circumstance; and
160          (iv) participate in double-bouncing;
161          (c) contain visual depictions of prohibited activities and potential dangers; and
162          (d) use lettering that is at least two inches tall.
163          (3) The operator of a trampoline park shall ensure that each staff member is trained to:
164          (a) closely monitor participant use of the trampoline court;
165          (b) administer basic first aid or treatment in the case of an injury; and
166          (c) respond to a serious injury.
167          Section 7. Section 11-55-302 is enacted to read:
168          11-55-302. Safety standards.
169          (1) The operator of a trampoline park shall ensure that trampoline park equipment is
170     safe for participant use, including that:
171          (a) each nonjumping surface on or adjacent to a trampoline court or foam pit is covered
172     with at least one and three-eighths inches of padding with an industry standard density;
173          (b) no trampoline is within 48 inches of another structure, except for a structure that:
174          (i) meets the minimum padding rules in this section; and
175          (ii) is specifically designed for use in a trampoline court activity;
176          (c) each commercial trampoline and each trampoline court is positioned to ensure that
177     the device use zone is free from overhead obstructions, including trusses, fire suppression
178     systems, lighting, and duct work ;
179          (d) each poly bed trampoline has a redundant bed, safety netting, or pad below the

180     trampoline bed;
181          (e) each structure designed for jumping, including boxes and platforms:
182          (i) provides safety measures to ensure safe jumping based on the height of the
183     structure; and
184          (ii) is labeled as high risk;
185          (f) each structure and surface not designed for jumping is clearly marked as prohibited
186     or out of bounds; and
187          (g) equipment dedicated to the performance of high-risk activities is located in a
188     separate and restricted area of the trampoline park.
189          (2) The operator of a trampoline park shall ensure that participants use trampoline park
190     equipment safely, including that:
191          (a) a participant receives personal safety training from a staff member before entering
192     the area containing high-risk activities;
193          (b) only one person is allowed at a time on a trampoline bed where a participant may
194     perform tricks or flips;
195          (c) a participant does not climb on a climbing wall surface directly above or below
196     another participant;
197          (d) a participant using foam or inflatable bag pit areas:
198          (i) does not remain in the pit; and
199          (ii) does not jump into the landing area before the landing area is clear of any other
200     participant; and
201          (e) a participant using areas set aside for dodgeball or another team sport:
202          (i) does not perform tricks or flips;
203          (ii) does not change from one trampoline bed to another in a reckless or unsafe manner;
204     and
205          (iii) is of relatively the same size as other participants using the area set aside for
206     dodgeball or another team sport to reduce the risk of injury.
207          (3) The operator of a trampoline park shall ensure that, for safety purposes, a child
208     participant:
209          (a) is separated from other larger participants to ensure that each child participant:
210          (i) has adequate supervision by a parent, legal guardian, or other responsible adult upon

211     entering the trampoline park; and
212          (ii) may not participate in activities with or be allowed into areas used by larger
213     participants , except for turn-based activities in which participants do not participate at the same
214     time, including the use of a foam pit or obstacle course ; and
215          (b) has the signed consent and waiver of a parent, legal guardian, or other responsible
216     adult in order to use the trampoline court.
217          (4) The operator of a trampoline park shall:
218          (a) inspect and document in a maintenance log the condition of the facility on a weekly
219     and monthly basis, including the condition of:
220          (i) trampoline beds, springs, frames, and pads;
221          (ii) padding materials;
222          (iii) bolts, including tightness, and other connectors;
223          (iv) safety netting and safety equipment; and
224          (v) other trampoline court equipment that affects participant safety; and
225          (b) make available the maintenance log described in Subsection (4)(a) upon request of
226     an inspector.
227          Section 8. Section 11-55-303 is enacted to read:
228          11-55-303. Trampoline court supervision.
229          (1) The operator of a trampoline park shall require that staff members monitor the
230     trampoline court and participants at all times during hours of operation, including that:
231          (a) one or more staff members monitor trampoline courts at all times, except for areas
232     requiring parental or legal guardian supervision of child participants; and
233          (b) each trampoline park staff member responsible for monitoring a trampoline court:
234          (i) is easily identifiable as a monitor;
235          (ii) has ready access to basic first aid supplies;
236          (iii) has monitoring as the staff member's primary responsibility;
237          (iv) monitors no more than 32 active participants, or an area containing no more than
238     32 active participants, at one time; and
239          (v) is able to easily and clearly communicate immediately with:
240          (A) any other monitoring staff member and any supervisor by radio or another method
241     that does not require the staff member to leave the staff member's monitoring post; and

242          (B) all participants, including access to a public address system.
243          (2) To monitor a trampoline court, a staff member:
244          (a) shall have a clear and unimpeded view of the entire area of each trampoline court
245     that the staff member monitors; and
246          (b) may use video monitoring if video monitoring reasonably allows the staff member
247     to comply with this section.
248          (3) The operator of a trampoline park shall:
249          (a) train each staff member to enforce the restrictions in this chapter and all rules of the
250     trampoline park; and
251          (b) train each staff member regarding:
252          (i) the requirements and restrictions in this chapter;
253          (ii) trampoline park rules;
254          (iii) first aid;
255          (iv) CPR and blood-borne pathogens, in accordance with OSHA standards; and
256          (v) immediate care for breathing emergencies and serious injuries; and
257          (c) ensure that the safety training described in Subsection (3)(b) occurs at least once
258     per calendar year.
259          (4) The owner of each trampoline gym shall keep and make available for review, upon
260     request by an inspector, documentation regarding the safety training described in Subsection
261     (3)(b).
262          (5) Each trampoline park shall have:
263          (a) an AED device on the premises; and
264          (b) at all times that the trampoline park operates, an on-duty staff member trained in
265     the use of the AED device.
266          Section 9. Section 11-55-304 is enacted to read:
267          11-55-304. Reporting of injuries -- Emergency response plan.
268          The operator of a trampoline park shall ensure that:
269          (1) the trampoline park has an emergency response plan that:
270          (a) meets the approval of the local fire authority;
271          (b) describes directions, including what to do and who to call if an injury or a serious
272     injury occurs; and

273          (c) includes a requirement to call 911 when any serious injury occurs;
274          (2) each staff member receives training on the emergency response plan;
275          (3) a staff member records each injury and each serious injury in an injury log that is
276     kept on site; and
277          (4) the injury log described in Subsection (3) is available for review upon request by an
278     inspector.
279          Section 10. Section 11-55-401 is enacted to read:
Part 4. Compliance

281          11-55-401. Inspection -- Trampoline park operator certification to local regulating
282     authority.
283          To ensure compliance with this chapter, a trampoline park operator shall:
284          (1) ensure that an inspector inspects the facilities and records of the trampoline park at
285     least once per calendar year to certify compliance with industry safety standards, this chapter,
286     and any standards or regulations enacted by a local regulating authority ;
287          (2) during the inspection described in Subsection (1), provide the inspector with:
288          (a) proof that the trampoline court is maintained in good repair;
289          (b) the updated emergency response plan described in Section 11-55-304; and
290          (c) each maintenance, inspection, staff member training, and injury log; and
291          (3) certify to the local regulating authority once per calendar year that:
292          (a) the trampoline park has successfully passed the inspection described in Subsection
293     (1); and
294          (b) the trampoline park is in full compliance with this chapter and any other local
295     ordinance or rule regulating the trampoline park.
296          Section 11. Section 11-55-402 is enacted to read:
297          11-55-402. Insurance.
298          The operator of a trampoline park shall:
299          (1) maintain insurance providing liability coverage of at least $1,000,000 per incident
300     to cover any injury to a participant arising out of any negligence or misconduct by the operator
301     or a staff member in the construction, maintenance, or operation of the trampoline park;
302          (2) maintain on file and make available, upon request by an inspector, a certificate of
303     insurance demonstrating compliance with this section; and

304          (3) notify the licensing staff of the local regulating authority within 24 hours of the
305     lapse, expiration, or cancellation of insurance, or any other event that causes the operator to not
306     have the insurance coverage required by this section.
307          Section 12. Section 11-55-403 is enacted to read:
308          11-55-403. Accreditation or affiliation.
309          Each trampoline park shall obtain membership in a statewide industry association
310     related to trampoline parks, if one exists.