Sections 2-13 of this bill set forth certain requirements and restrictions concerning inflatable devices and certain businesses that operate such devices. Section 3 defines the term “inflatable device” to mean an air-filled device that: (1) incorporates certain structural and mechanical elements to achieve its strength, shape and stability by tensioning from internal air pressure; and (2) can be used by a person to bounce, play, slide, climb or otherwise interact for recreation, including a constant air inflatable bounce house, inflatable waterslide or similar device. Section 5 defines the term “operator business” to mean a business entity which is engaged in the business of making inflatable devices available for use in this State and which employs, controls, directs or hires as an independent contractor an operator to act on behalf of the business entity. Section 4 defines the term “operator” to mean a person on-site at the location where an inflatable device is used who sets up, operates, maintains or supervises the use of the inflatable device on behalf of an operator business.
Section 6 prohibits a person from engaging in the business of an operator business unless the person: (1) holds all applicable state and local business licenses; and (2) has obtained certain insurance or a surety bond in an amount of not less than $1,000,000.
Section 7 requires an operator business to keep a logbook for any inflatable device that is made available for use by the operator business, which must be kept with the inflatable device and made available for inspection at the request of any person. Sections 8-11 require an operator, before and during each use of an inflatable device, to conduct certain inspections of the device and the area in which it will be used and to record the results of those inspections and certain other information in the logbook. Section 8 prohibits an operator from allowing any person to use the inflatable device if an inspection reveals a hazard or potential hazard that would make use of the inflatable device unsafe, according to the requirements of this bill or the requirements or recommendations contained in any user manual provided by the manufacturer of the inflatable device. Section 9 prohibits an operator from allowing a person to use an inflatable device if any label attached by the manufacturer of the device is missing. Section 9 also prohibits an operator business from selling or transferring an inflatable device if any such label is missing or if any user manual provided by the manufacturer is not provided to the seller or transferee. Section 10 requires an operator to: (1) monitor wind speed at any location where an inflatable device will be used at all times while the device is in use; and (2) cease operation of the inflatable device if the wind speed exceeds the recommendation of the manufacturer or 10 miles per hour, whichever is less. Section 11 prescribes certain requirements for anchoring the inflatable device to the ground.
Section 13 of this bill provides that a violation of the provisions of this bill creates a conclusive presumption in certain civil actions that the operator or operator business acted recklessly.