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17(6) Compliance with industry standards. An operator of a trampoline park
18shall do all of the following:
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(a) Ensure that the trampoline park complies with industry standards
20regarding all of the following:
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1. Signage and notification for proper use of the trampoline park, safety
22procedures, and education of risk.
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2. Equipment and facilities, including materials, layout, condition, and
24maintenance.
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3. Staff training, including safety procedures and emergency response.
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14. Participant activities and behaviors that should be restricted.
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5. Separation of participants within the trampoline park based on age, size, or
3other necessary factors.
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6. Operational issues, including maintenance, injury logs and emergency
5response plans.
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7. Staff supervision and monitoring of activities.
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8. Statistical tracking of injuries in a manner that does not personally identify
8the injured participant.
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(b) Notify the department within 48 hours of any changes in status regarding
10compliance required under par. (a).
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11(7) Notification and education of risk; signs. An operator shall prominently
12display throughout the trampoline park contrasted safety, warning, advisory, and
13instructional signage reflecting the trampoline park's rules.
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14(8) Employees and equipment; supervision. (a) An operator shall ensure,
15during all hours of operation, that at least one trampoline park employee is working
16onsite who is certified in first aid and cardiopulmonary resuscitation and that the
17trampoline park has an operable automated external defibrillator.
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(b) An operator shall do all of the following:
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1. Require that trampoline park employees monitor the trampoline court and
20participants during all hours of operation.
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2. Ensure that the number of trampoline park employees is adequate to view
22each area of the trampoline court.
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23(9) Reporting of injuries; emergency response plan. (a) An operator shall
24develop, implement, and follow an in-house injury reporting system and emergency
1response plan for injuries and shall retain any records related to the injury reporting
2system and emergency response plan.
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(b) An operator shall make available for inspection and copying the information
4contained in the injury reporting system required under par. (a) and the records
5specified in par. (a) upon request by the department, the department of health
6services, a local health department, or any affected party.
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7(10) Responsibilities of participants. While in a trampoline court, a person
8trampolining shall do all of the following:
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(a) Maintain reasonable control of his or her speed and course at all times.
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(b) Read and follow all posted signs and warnings.
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(c) Avoid bodily contact with other trampoliners or spectators.
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(d) Not run on trampolines, over pads, or on platforms.
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(e) Refrain from acting in a manner that may cause injury to others.
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(f) Not participate in trampolining when under the influence of drugs or
15alcohol.
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(g) Properly use all trampoline court safety equipment provided.
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(h) Not participate in trampolining if the person has a preexisting medical
18condition, a bone condition, a circulatory condition, a heart or lung condition, a back
19or neck condition, high blood pressure, or a history of spine, musculoskeletal, or head
20injury, if he or she has had recent surgery, or if she may be pregnant.
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(i) Remove inappropriate attire, including hard, sharp, or dangerous objects,
22such as buckles, pens, purses, or badges.
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(j) Conform with or meet height, weight, or age restrictions imposed by the
24operator to use or participate in the trampoline court activity.
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(k) Avoid crowding or overloading individual sections of the trampoline court.
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1(l) Use the trampoline court within the person's own limitations, training, and
2acquired skills.
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(m) Avoid landing on the head or neck.
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4(11) Appreciation of risk. An individual who participates in trampolining
5accepts the dangers inherent in that activity insofar as the dangers are obvious and
6necessary. Those dangers include risk of injuries that result from collisions with
7other trampoliners or spectators, injuries that result from falls, injuries that result
8from landing on the trampoline, pad, or platform, and injuries that involve objects
9or artificial structures properly within the intended travel of the trampoliner that
10are not otherwise attributable to the operator's breach of a duty under this section
11or under common law.
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12(12) Inspection. (a) The department shall annually inspect each trampoline
13park to determine compliance with this section and the operational safety of the
14trampoline park and any device or material used in the trampoline park. The
15inspection shall also determine whether the trampoline park's devices and materials
16are constructed, assembled, maintained, tested, and operated in accordance with the
17manufacturer's recommendations.
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(b) During an inspection, the operator shall provide the department with all
19of the following:
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1. Proof that the trampoline court is maintained in good repair.
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2. A copy of the trampoline park's emergency response plan.
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3. Maintenance, inspection, staff member training, and injury logs.
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(c) After an inspection, the department shall provide to the operator a written
24report documenting the inspection and summarizing the status of the operator's
25compliance with this section.
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1(13) Claims. Notwithstanding any provision in this section to the contrary, if
2a participant makes a claim against an operator for an injury resulting from an
3activity occurring at a trampoline park, all of the following apply:
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(a) The operator may raise as a defense the operator's compliance with subs.
5(6), (7), (8), and (9).
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(b) The operator may raise as a defense the appreciation of risk from inherent
7dangers as described under sub. (11) or a participant's failure to comply with any
8responsibilities described in sub. (10).
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(c) The court or jury shall consider, in accordance with the comparative
10negligence provisions in s. 895.045, any defense raised by the operator under par. (a)
11or (b).
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12Section
2. 101.19 (1g) (ar) of the statutes is created to read:
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101.19
(1g) (ar) Issuing and renewing licenses and making inspections for
14trampoline parks under s. 101.122.
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15Section
3.
Nonstatutory provisions.
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(1) Using the procedure under s. 227.24, the department of safety and
17professional services may promulgate the rules required under ss. 101.19 (1g) (ar)
18and 101.122 (2) (b) and (5) (b) as emergency rules. Notwithstanding s. 227.24 (1) (a)
19and (3), the department is not required to provide evidence that promulgating a rule
20under this subsection as an emergency rule is necessary for the preservation of the
21public peace, health, safety, or welfare and is not required to provide a finding of
22emergency for a rule promulgated under this subsection.
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23Section
4.
Initial applicability.
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(1) The treatment of s. 101.122 (11) first applies to claims arising on the
25effective date of this subsection.
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1Section
5.
Effective date.
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(1)
This act takes effect on the first day of the 13th month after publication.
