2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 399-DD*2 - Construction or Installation of Playground or Playground Equipment.

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