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7 LONG TITLE
8 General Description:
9 This bill enacts licensing and operational standards for trampoline parks.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires the operator of a trampoline park to obtain a business license to operate the
14 trampoline park;
15 ▸ provides for a local regulating authority to suspend or revoke a trampoline park
16 operator's business license for noncompliance;
17 ▸ identifies industry standards with which a trampoline park must comply;
18 ▸ describes specific notification, training, supervision, injury reporting, and
19 emergency response standards with which a trampoline park must comply;
20 ▸ requires an annual inspection;
21 ▸ requires a trampoline park operator to annually provide a local regulating authority
22 certain certificates of compliance;
23 ▸ requires a trampoline park to carry certain insurance; and
24 ▸ insulates a trampoline park from liability claims due to certain inherent risks related
25 to the use of a trampoline park.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 ENACTS:
32 11-63-101, Utah Code Annotated 1953
33 11-63-102, Utah Code Annotated 1953
34 11-63-103, Utah Code Annotated 1953
35 11-63-201, Utah Code Annotated 1953
36 11-63-202, Utah Code Annotated 1953
37 11-63-301, Utah Code Annotated 1953
38 11-63-302, Utah Code Annotated 1953
39 11-63-303, Utah Code Annotated 1953
40 11-63-304, Utah Code Annotated 1953
41 11-63-305, Utah Code Annotated 1953
42 11-63-401, Utah Code Annotated 1953
43 11-63-402, Utah Code Annotated 1953
44 11-63-501, Utah Code Annotated 1953
45 11-63-502, Utah Code Annotated 1953
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47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 11-63-101 is enacted to read:
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51 11-63-101. Title.
52 This chapter shall be known as "Trampoline Park Safety."
53 Section 2. Section 11-63-102 is enacted to read:
54 11-63-102. Definitions.
55 As used in this chapter:
56 (1) "Commercial trampoline" means a device that:
57 (a) incorporates a trampoline bed; and
58 (b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a
59 trampoline park.
60 (2) "Emergency response plan" means a written plan of action for the reasonable and
61 appropriate contact, deployment, and coordination of services, agencies, and personnel to
62 provide the earliest possible response to an injury or emergency.
63 (3) "Inherent risk" means a danger or condition that is an integral part of an activity
64 occurring at a trampoline park.
65 (4) "Inspection" means a procedure that an inspector conducts to:
66 (a) determine whether a trampoline park facility, including any device or material, is
67 constructed, assembled, maintained, tested, and operated in accordance with this chapter and
68 the manufacturer's recommendations;
69 (b) determine the operational safety of a trampoline park facility, including any device
70 or material; and
71 (c) determine whether the trampoline park's policies and procedures comply with this
72 chapter.
73 (5) "Inspector" means an individual who:
74 (a) conducts an inspection of a trampoline park to certify compliance with this chapter
75 and industry safety standards; and
76 (b) (i) is certified by:
77 (A) an organization that develops and publishes consensus standards for a wide range
78 of materials, products, systems, and services that are used for trampolines; or
79 (B) an organization that promotes trampoline park safety and adopts the standards
80 described in Subsection (5)(b)(i)(A);
81 (ii) represents the insurer of the trampoline park;
82 (iii) represents or is certified by a department or agency, regardless of whether the
83 agency is located within the state, that:
84 (A) inspects amusement and recreational facilities and equipment; and
85 (B) certifies and trains professional private industry inspectors through written testing
86 and continuing education requirements; or
87 (iv) represents an organization that the United States Olympic Committee designates as
88 the national governing body for gymnastics.
89 (6) "Local regulating authority" means the business licensing division of:
90 (a) the city, town, or metro township in which the trampoline park is located; or
91 (b) if the trampoline park is located in an unincorporated area, the county.
92 (7) "Operator" means a person who owns, manages, or controls or who has the duty to
93 manage or control the operation of a trampoline park.
94 (8) "Participant" means an individual that uses trampoline park equipment.
95 (9) "Trampoline bed" means the flexible surface of a trampoline on which a user jumps
96 or bounces.
97 (10) "Trampoline court" means an area of a trampoline park comprising:
98 (a) multiple commercial trampolines; or
99 (b) at least one commercial trampoline and at least one associated foam or inflatable
100 bag pit.
101 (11) "Trampoline park" means a place of business that offers the recreational use of a
102 trampoline court for a fee.
103 Section 3. Section 11-63-103 is enacted to read:
104 11-63-103. Exemptions.
105 This chapter does not apply to:
106 (1) a playground that a school or local government operates, if:
107 (a) the playground is an incidental amenity; and
108 (b) the operating entity does not primarily derive revenue from operating the
109 playground for a fee;
110 (2) a gymnastics, dance, cheer, or tumbling facility where:
111 (a) the majority of activities are based in training or rehearsal and not recreation;
112 (b) the facility derives at least 80% of revenues through supervised instruction or
113 classes; and
114 (c) the student-coach or student-instructor ratio is based on age, skill level, and number
115 of students; or
116 (3) equipment used exclusively for exercise, an inflatable ride, or an inflatable bounce
117 house.
118 Section 4. Section 11-63-201 is enacted to read:
119
120 11-63-201. Municipal or county business license required.
121 To operate a trampoline park the operator of a trampoline park shall obtain and
122 maintain, conditioned upon compliance with this chapter:
123 (1) if the trampoline park is located within an incorporated municipality, a municipal
124 business license authorized under Section 10-1-203; or
125 (2) if located within the unincorporated area of a county, a county business license
126 authorized under Section 17-53-216.
127 Section 5. Section 11-63-202 is enacted to read:
128 11-63-202. Violation -- License suspension or revocation.
129 (1) Except as provided in this section, a violation of this chapter is grounds for the
130 local regulating authority to suspend or revoke the operator's business license.
131 (2) A local regulating authority may not suspend or revoke a license under Subsection
132 (1) unless:
133 (a) the local regulating authority provides the operator with at least 60 days to cure the
134 violation that is the grounds for the action in accordance with the policy described in
135 Subsection (3); or
136 (b) regardless of the operator curing a violation as described in Subsection (2)(a), the
137 violation repeats.
138 (3) A local regulating authority that licenses a trampoline park operator shall define the
139 reasonable opportunity to cure violations described in Subsection (2)(a) by creating a generally
140 applicable policy that identifies a standard timeline and process for curing a violation.
141 Section 6. Section 11-63-301 is enacted to read:
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143 11-63-301. Compliance with industry standards.
144 A trampoline park operator shall:
145 (1) ensure that the trampoline park complies with industry standards regarding:
146 (a) signage and notification for proper use of the trampoline park, safety procedures,
147 and education of risk;
148 (b) equipment and facilities, including materials, layout, condition, and maintenance;
149 (c) staff training, including safety procedures and emergency response;
150 (d) participant activities and behaviors that should be restricted;
151 (e) separation of participants within the trampoline park based on age, size, or other
152 necessary factors;
153 (f) operational issues, including maintenance and injury logs and emergency response
154 plans;
155 (g) staff supervision and monitoring of activities; and
156 (h) statistical tracking of injuries in a manner that does not personally identify the
157 injured participant; and
158 (2) notify the licensing staff of the local regulating authority within 48 hours of any
159 changes in status to any requirement under this section.
160 Section 7. Section 11-63-302 is enacted to read:
161 11-63-302. Notification and education of risk -- Signs.
162 An operator shall prominently display throughout the trampoline park contrasted safety,
163 warning, advisory, and instructional signage reflecting the trampoline park's rules.
164 Section 8. Section 11-63-303 is enacted to read:
165 11-63-303. Trampoline park employee training and equipment.
166 An operator shall ensure that, during all hours of operation:
167 (1) at least one trampoline park employee is working onsite who is certified in first aid
168 and CPR; and
169 (2) the trampoline park has an operable automated external defibrillator.
170 Section 9. Section 11-63-304 is enacted to read:
171 11-63-304. Trampoline court supervision.
172 An operator shall:
173 (1) require that trampoline park employees monitor the trampoline court and
174 participants during all hours of operation; and
175 (2) ensure that the number of trampoline park employees described in Subsection (1) is
176 adequate to view each area of the trampoline court.
177 Section 10. Section 11-63-305 is enacted to read:
178 11-63-305. Reporting of injuries -- Emergency response plan.
179 (1) An operator shall develop, implement, and follow an in-house injury reporting
180 system and emergency response plan for injuries.
181 (2) The operator shall retain any records related to the injury reporting system and
182 emergency response plan described in Subsection (1).
183 (3) The operator shall make available to the Department of Health or the local health
184 department, upon request:
185 (a) the information contained in the injury reporting system described in Subsection
186 (1); and
187 (b) the records described in Subsection (2).
188 Section 11. Section 11-63-401 is enacted to read:
189
190 11-63-401. Annual certification to local regulating authority.
191 (1) A trampoline park operator shall provide the certifications described in Subsection
192 (2):
193 (a) at the time a trampoline park operator applies to a local regulating authority to
194 renew a business license to operate a trampoline park; and
195 (b) if the term of the license described in Subsection (1)(a) exceeds one year, at least
196 once per calendar year.
197 (2) In accordance with Subsection (1), a trampoline park operator shall certify
198 compliance with this chapter by submitting to the local regulating authority:
199 (a) an inspection certificate described in Subsection 11-63-402(3); and
200 (b) the certification of insurance described in Subsection 11-63-501(2).
201 Section 12. Section 11-63-402 is enacted to read:
202 11-63-402. Inspection.
203 A trampoline park operator shall:
204 (1) ensure that an inspector conducts an inspection of the facilities and records of the
205 trampoline park at least once per calendar year to certify compliance with:
206 (a) industry safety standards, including each category of standards described in Section
207 11-63-301; and
208 (b) this chapter, including safety standards described in Sections 11-63-302,
209 11-63-303, 11-63-304, and 11-63-305;
210 (2) during the inspection described in Subsection (1), provide the inspector with:
211 (a) proof that the trampoline court is maintained in good repair;
212 (b) an emergency response plan; and
213 (c) maintenance, inspection, staff member training, and injury logs; and
214 (3) obtain from the inspector a written report documenting the inspection and a
215 certificate certifying that:
216 (a) the trampoline park has successfully passed the inspection described in this section;
217 and
218 (b) the trampoline park is in full compliance with this chapter.
219 Section 13. Section 11-63-501 is enacted to read:
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221 11-63-501. Insurance.
222 A trampoline park operator shall:
223 (1) maintain insurance providing liability coverage of at least $1,000,000 in the
224 aggregate and $500,000 per incident to cover injuries to participants arising out of any
225 negligence or misconduct by the trampoline park operator or staff in the construction,
226 maintenance, or operation of the trampoline park;
227 (2) maintain a certificate of insurance demonstrating compliance with this section; and
228 (3) notify the licensing staff of the local regulating authority within 24 hours of the
229 lapse, expiration, or cancellation of the insurance described in Subsection (1).
230 Section 14. Section 11-63-502 is enacted to read:
231 11-63-502. Claims for inherent risks.
232 Notwithstanding anything in this chapter to the contrary, if a participant makes a claim
233 against an operator for an injury resulting from an inherent risk:
234 (1) the operator may raise as a defense the operator's compliance with Sections
235 11-63-301, 11-63-302, 11-63-303, 11-63-304, and 11-63-305; and
236 (2) the factfinder shall consider, in accordance with Section 78B-5-818, the operator's
237 compliance described in Subsection (1).