Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 150 Second Substitute (2019GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/21/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires the operator of a trampoline park to obtain a business license to operate the trampoline park;
• provides for a local regulating authority to suspend or revoke a trampoline park operator's business license for noncompliance;
• identifies industry standards with which a trampoline park must comply;
• describes specific notification, training, supervision, injury reporting, and emergency response standards with which a trampoline park must comply;
• requires an annual inspection;
• requires a trampoline park operator to annually provide a local regulating authority certain certificates of compliance;
• requires a trampoline park to carry certain insurance; and
• insulates a trampoline park from liability claims due to certain inherent risks related to the use of a trampoline park.

Every vote on this bill

Bill text

TRAMPOLINE PARK SAFETY STANDARDS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K. Thurston
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill enacts licensing and operational standards for trampoline parks.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the operator of a trampoline park to obtain a business license to operate the
trampoline park;
▸ provides for a local regulating authority to suspend or revoke a trampoline park
operator's business license for noncompliance;
▸ identifies industry standards with which a trampoline park must comply;
▸ describes specific notification, training, supervision, injury reporting, and
emergency response standards with which a trampoline park must comply;
▸ requires an annual inspection;
▸ requires a trampoline park operator to annually provide a local regulating authority
certain certificates of compliance;
▸ requires a trampoline park to carry certain insurance; and
▸ insulates a trampoline park from liability claims due to certain inherent risks related
to the use of a trampoline park.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
11-63-101
, Utah Code Annotated 1953
11-63-102
, Utah Code Annotated 1953
11-63-103
, Utah Code Annotated 1953
11-63-201
, Utah Code Annotated 1953
11-63-202
, Utah Code Annotated 1953
11-63-301
, Utah Code Annotated 1953
11-63-302
, Utah Code Annotated 1953
11-63-303
, Utah Code Annotated 1953
11-63-304
, Utah Code Annotated 1953
11-63-305
, Utah Code Annotated 1953
11-63-401
, Utah Code Annotated 1953
11-63-402
, Utah Code Annotated 1953
11-63-501
, Utah Code Annotated 1953
11-63-502
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-63-101
 is enacted to read:
CHAPTER 63. TRAMPOLINE PARK SAFETY
Part 1. General Provisions
 11-63-101.
Title.
This chapter shall be known as "Trampoline Park Safety."
Section 2. Section 
11-63-102
 is enacted to read:
 11-63-102.
Definitions.
As used in this chapter:
(1) "Commercial trampoline" means a device that:
(a) incorporates a trampoline bed; and
(b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a
trampoline park.
(2) "Emergency response plan" means a written plan of action for the reasonable and
appropriate contact, deployment, and coordination of services, agencies, and personnel to
provide the earliest possible response to an injury or emergency.
(3) "Inherent risk" means a danger or condition that is an integral part of an activity
occurring at a trampoline park.
(4) "Inspection" means a procedure that an inspector conducts to:
(a) determine whether a trampoline park facility, including any device or material, is
constructed, assembled, maintained, tested, and operated in accordance with this chapter and
the manufacturer's recommendations;
(b) determine the operational safety of a trampoline park facility, including any device
or material; and
(c) determine whether the trampoline park's policies and procedures comply with this
chapter.
(5) "Inspector" means an individual who:
(a) conducts an inspection of a trampoline park to certify compliance with this chapter
and industry safety standards; and
(b) (i) is certified by:
(A) an organization that develops and publishes consensus standards for a wide range
of materials, products, systems, and services that are used for trampolines; or
(B) an organization that promotes trampoline park safety and adopts the standards
described in Subsection (5)(b)(i)(A);
(ii) represents the insurer of the trampoline park;
(iii) represents or is certified by a department or agency, regardless of whether the
agency is located within the state, that:
(A) inspects amusement and recreational facilities and equipment; and
(B) certifies and trains professional private industry inspectors through written testing
and continuing education requirements; or
(iv) represents an organization that the United States Olympic Committee designates as
the national governing body for gymnastics.
(6) "Local regulating authority" means the business licensing division of:
(a) the city, town, or metro township in which the trampoline park is located; or
(b) if the trampoline park is located in an unincorporated area, the county.
(7) "Operator" means a person who owns, manages, or controls or who has the duty to
manage or control the operation of a trampoline park.
(8) "Participant" means an individual that uses trampoline park equipment.
(9) "Trampoline bed" means the flexible surface of a trampoline on which a user jumps
or bounces.
(10) "Trampoline court" means an area of a trampoline park comprising:
(a) multiple commercial trampolines; or
(b) at least one commercial trampoline and at least one associated foam or inflatable
bag pit.
(11) "Trampoline park" means a place of business that offers the recreational use of a
trampoline court for a fee.
Section 3. Section 
11-63-103
 is enacted to read:
 11-63-103.
Exemptions.
This chapter does not apply to:
(1) a playground that a school or local government operates, if:
(a) the playground is an incidental amenity; and
(b) the operating entity does not primarily derive revenue from operating the
playground for a fee;
(2) a gymnastics, dance, cheer, or tumbling facility where:
(a) the majority of activities are based in training or rehearsal and not recreation;
(b) the facility derives at least 80% of revenues through supervised instruction or
classes; and
(c) the student-coach or student-instructor ratio is based on age, skill level, and number
of students; or
(3) equipment used exclusively for exercise, an inflatable ride, or an inflatable bounce
house.
Section 4. Section 
11-63-201
 is enacted to read:
Part 2. License Required
 11-63-201.
Municipal or county business license required.
To operate a trampoline park the operator of a trampoline park shall obtain and
maintain, conditioned upon compliance with this chapter:
(1) if the trampoline park is located within an incorporated municipality, a municipal
business license authorized under Section 
10-1-203
; or
(2) if located within the unincorporated area of a county, a county business license
authorized under Section 
17-53-216
.
Section 5. Section 
11-63-202
 is enacted to read:
 11-63-202.
Violation -- License suspension or revocation.
(1) Except as provided in this section, a violation of this chapter is grounds for the
local regulating authority to suspend or revoke the operator's business license.
(2) A local regulating authority may not suspend or revoke a license under Subsection
(1) unless:
(a) the local regulating authority provides the operator with at least 60 days to cure the
violation that is the grounds for the action in accordance with the policy described in
Subsection (3); or
(b) regardless of the operator curing a violation as described in Subsection (2)(a), the
violation repeats.
(3) A local regulating authority that licenses a trampoline park operator shall define the
reasonable opportunity to cure violations described in Subsection (2)(a) by creating a generally
applicable policy that identifies a standard timeline and process for curing a violation.
Section 6. Section 
11-63-301
 is enacted to read:
Part 3. Safety Standards
 11-63-301.
Compliance with industry standards.
A trampoline park operator shall:
(1) ensure that the trampoline park complies with industry standards regarding:
(a) signage and notification for proper use of the trampoline park, safety procedures,
and education of risk;
(b) equipment and facilities, including materials, layout, condition, and maintenance;
(c) staff training, including safety procedures and emergency response;
(d) participant activities and behaviors that should be restricted;
(e) separation of participants within the trampoline park based on age, size, or other
necessary factors;
(f) operational issues, including maintenance and injury logs and emergency response
plans;
(g) staff supervision and monitoring of activities; and
(h) statistical tracking of injuries in a manner that does not personally identify the
injured participant; and
(2) notify the licensing staff of the local regulating authority within 48 hours of any
changes in status to any requirement under this section.
Section 7. Section 
11-63-302
 is enacted to read:
 11-63-302.
Notification and education of risk -- Signs.
An operator shall prominently display throughout the trampoline park contrasted safety,
warning, advisory, and instructional signage reflecting the trampoline park's rules.
Section 8. Section 
11-63-303
 is enacted to read:
 11-63-303.
Trampoline park employee training and equipment.
An operator shall ensure that, during all hours of operation:
(1) at least one trampoline park employee is working onsite who is certified in first aid
and CPR; and
(2) the trampoline park has an operable automated external defibrillator.
Section 9. Section 
11-63-304
 is enacted to read:
 11-63-304.
Trampoline court supervision.
An operator shall:
(1) require that trampoline park employees monitor the trampoline court and
participants during all hours of operation; and
(2) ensure that the number of trampoline park employees described in Subsection (1) is
adequate to view each area of the trampoline court.
Section 10. Section 
11-63-305
 is enacted to read:
 11-63-305.
Reporting of injuries -- Emergency response plan.
(1) An operator shall develop, implement, and follow an in-house injury reporting
system and emergency response plan for injuries.
(2) The operator shall retain any records related to the injury reporting system and
emergency response plan described in Subsection (1).
(3) The operator shall make available to the Department of Health or the local health
department, upon request:
(a) the information contained in the injury reporting system described in Subsection
(1); and
(b) the records described in Subsection (2).
Section 11. Section 
11-63-401
 is enacted to read:
Part 4. Compliance
 11-63-401.
Annual certification to local regulating authority.
(1) A trampoline park operator shall provide the certifications described in Subsection
(2):
(a) at the time a trampoline park operator applies to a local regulating authority to
renew a business license to operate a trampoline park; and
(b) if the term of the license described in Subsection (1)(a) exceeds one year, at least
once per calendar year.
(2) In accordance with Subsection (1), a trampoline park operator shall certify
compliance with this chapter by submitting to the local regulating authority:
(a) an inspection certificate described in Subsection 
11-63-402
(3); and
(b) the certification of insurance described in Subsection 
11-63-501
(2).
Section 12. Section 
11-63-402
 is enacted to read:
 11-63-402.
Inspection.
A trampoline park operator shall:
(1) ensure that an inspector conducts an inspection of the facilities and records of the
trampoline park at least once per calendar year to certify compliance with:
(a) industry safety standards, including each category of standards described in Section
11-63-301
; and
(b) this chapter, including safety standards described in Sections 
11-63-302
,
11-63-303
, 
11-63-304
, and 
11-63-305
;
(2) during the inspection described in Subsection (1), provide the inspector with:
(a) proof that the trampoline court is maintained in good repair;
(b) an emergency response plan; and
(c) maintenance, inspection, staff member training, and injury logs; and
(3) obtain from the inspector a written report documenting the inspection and a
certificate certifying that:
(a) the trampoline park has successfully passed the inspection described in this section;
and
(b) the trampoline park is in full compliance with this chapter.
Section 13. Section 
11-63-501
 is enacted to read:
Part 5. Liability
 11-63-501.
Insurance.
A trampoline park operator shall:
(1) maintain insurance providing liability coverage of at least $1,000,000 in the
aggregate and $500,000 per incident to cover injuries to participants arising out of any
negligence or misconduct by the trampoline park operator or staff in the construction,
maintenance, or operation of the trampoline park;
(2) maintain a certificate of insurance demonstrating compliance with this section; and
(3) notify the licensing staff of the local regulating authority within 24 hours of the
lapse, expiration, or cancellation of the insurance described in Subsection (1).
Section 14. Section 
11-63-502
 is enacted to read:
 11-63-502.
Claims for inherent risks.
Notwithstanding anything in this chapter to the contrary, if a participant makes a claim
against an operator for an injury resulting from an inherent risk:
(1) the operator may raise as a defense the operator's compliance with Sections
11-63-301
, 
11-63-302
, 
11-63-303
, 
11-63-304
, and 
11-63-305
; and
(2) the factfinder shall consider, in accordance with Section 
78B-5-818
, the operator's
compliance described in Subsection (1).