N.Y. General Business Law § 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