§ 399-DD*2 — Construction or installation of playground or playground equipment

New York § 399-DD*2

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

* § 399-dd. Construction or installation of playground or playground\nequipment. 1. Definitions relative to playground safety. For the\npurposes of this section, the term "playground" means an improved area\ndesigned, equipped, and set aside for play of six or more children which\nis not intended for use as an athletic playing field or athletic court,\nand shall include any play equipment, surfacing, fencing, signs,\ninternal pathways, internal land forms, vegetation, and related\nstructures.\n 2. The department of state, in consultation with the office of parks,\nrecreation and historic preservation, shall promulgate rules and\nregulations for the design, installation, inspection and maintenance of\nplaygrounds and playground equipment. Those regulations shall\nsubstantially comply with the guidelines and criteria which are\ncontained in the handbook for public playground safety produced by the\nUnited States consumer products safety commission or any successor. The\nrules and regulations shall include special provisions for playgrounds\nappropriate for children within the range of ages in day care settings.\n 3. (a) No person, firm, corporation, or other legal entity which\nconstructs, assembles or installs a playground or playground equipment\nshall construct, assemble, or install in this state such playground or\nplayground equipment unless such playground or playground equipment\nshall conform to the requirements of those rules and regulations\npromulgated pursuant to this section.\n (b) Playgrounds or playground equipment constructed upon one, two and\nthree-family residential real property are exempt from the requirements\nof this section.\n 4. Whenever the attorney general shall believe from evidence\nsatisfactory to him that any person, firm, corporation or association or\nagent or employee thereof has violated any provision of this section, he\nmay bring an action in the supreme court of the state of New York for a\njudgment enjoining the continuance of such violation and for a civil\npenalty of not more than one thousand dollars for each violation, except\nthat the court may impose a civil penalty of not more than ten thousand\ndollars if the violation is knowing and willful. If it shall appear to\nthe satisfaction of the court or justice that the defendant has violated\nany provision of this section, no proof shall be required that any\nperson has been injured thereby nor that the defendant knowingly or\nintentionally violated such provision. In such action preliminary relief\nmay be granted under article sixty-three of the civil practice law and\nrules. Before any violation of this section is sought to be enjoined,\nthe attorney general shall be required to give the person against whom\nsuch proceeding is contemplated notice by certified mail and an\nopportunity to show in writing within five business days after receipt\nof notice why proceedings should not be instituted against him, unless\nthe attorney general shall find, in any case in which he seeks\npreliminary relief, that to give such notice and opportunity is not in\nthe public interest.\n * NB There are 3 § 399-dd's\n