PART 41 AERIAL PERFORMERS
(Statutory authority: Labor Law, §§27-a, 27, 29, 200, 202-a) Arts and Cultural Affaris Law § 37.09)
41.1 Application and construction
41.3 Safety supervisors
41.4 Strength and design of safety devices
41.5 Safety requirements
41.6 Approval and acceptance standards
41.8 Miscellaneous provisions
(a) This Part applies to all public performances and exhibitions to which section 37.09 of the Arts and Cultural Affairs Law may apply.
(b) No provision of this Part is to be construed in derogation of the provisions of section 37.09 of the Arts and Cultural Affairs Law. back
Unless otherwise indicated, the following terms as used herein have the meanings stated below.
(a) Board means the Board of Standards and Appeals of the State of New York.
(b) Commissioner means the Industrial Commissioner of the State of New York.
(c) Approved means approved by the board.
(d) Acceptable means satisfactory to the commissioner.
(e) Apparatus means a trapeze, tightrope, wire, rings, ropes, poles or other elevated equipment, and includes all supports and fastenings thereof.
(f) Performance means a public performance or exhibition described in section 37.09 of the Arts and Cultural Affairs Law.
(g) Performer means a person who participates in a performance by acting upon the apparatus.
(h) Assistant means a person who aids a performer, but does not act upon the apparatus.
(i) Safety device means a safety belt, life net or other equipment designed to arrest or cushion the fall of a performer, and shall include all of the supports and fastenings thereof. It does not include a device used only in aid of balance. back
(a) Control of performances. Every act in every performance shall be supervised and controlled by a safety supervisor as to all matters with which this Part and section 37.09 of the Arts and Cultural Affairs Law are concerned. Acts not so supervised and controlled are prohibited.
(b) Qualifications. A safety supervisor shall be an individual of reasonable training and experience in connection with aerial performers, performances, and the apparatus and safety devices used or required to be used therewith. He shall be reasonably competent to perform the duties hereinafter described.
(c) Designation and certification. The owner, agent, lessee, manager or other person in charge of a circus, carnival, fair, theatre, moving-picture house, public hall, or other public place of assembly, resort, or amusement in connection with which a performance is intended to be presented shall before such performance appoint a safety supervisor for each such act or performance, or for such acts and performances generally. The owner or manager of an act may be appointed as its safety supervisor, provided that his participation in an act is not such as to prevent due performance of his duties as safety supervisor.
(d) Duties of safety supervision. Every safety supervisor shall:
(2) immediately prior to each performance inspect the safety devices to be used therein and determine to his satisfaction that the same are adequate to assure against substantial risk to the performer or others of serious injury from falling and are in compliance with this Part;
(3) during each performance supervise safety devices and require that they be at all times properly maintained, placed and used;
(4) forbid or terminate the presentation of any performance with safety devices which in his judgment are inadequate to assure against substantial risk to a performer or others of serious injury from falling, or are not properly maintained, placed and used, or are otherwise not in compliance with this Part;
(5) instruct and supervise his assistants, if any, in the performance of the duties of a safety supervisor. back
(a) Strength of safety devices. Every safety device shall be of such strength, design, construction and installation as to withstand the impact due to the fall of any and all persons who depend on it for safety.
(b) Approval or acceptance. All safety devices shall be approved, or shall be subject to acceptance by the commissioner. Approved safety devices shall be deemed safe for the uses and purposes for which they may be approved and shall be subject to tests by the commissioner only when they appear substantially damaged or deteriorated. Safety devices complying with subdivision (a) of this section which have been demonstrated by experience and use to be protective against substantial risk to the performer or others of serious injury from falling, and which are satisfactory to the safety supervisor and to the performer using them, shall be deemed acceptable until the commissioner shall otherwise find. Safety devices not approved may be tested as the commissioner may deem necessary for acceptance. Safety devices expressly disapproved by the board shall not be used for any use or purpose to which the disapproval relates. back
(a) Obstructions. During a performance the space through which, and the area upon which a performer may fall shall be kept free of hard, rigid or sharp obstructions. Essential parts of the apparatus used in the performance shall not be deemed to constitute obstructions unless they are of a character and in a location likely to cause serious injury to a falling performer.
(b) Unnecessary persons. During the performance all persons except necessary performers and assistants shall be stationed outside the zone and area of possible fall.
(c) Safety belts and harnesses. Every safety belt or harness shall be attached to the person of the performer using it in such manner that it cannot seriously injure the performer in a fall or become detached by a fall or become inadvertently detached during the performance. It shall be connected during the performance to a safe support either directly or by means of a life line secured at both ends so that it cannot be inadvertently detached. The length of such life line shall be such as to prevent the performer from striking any hard, rigid or sharp obstruction or the surface beneath the apparatus if he should fall therefrom.
(d) Loops. Loops shall not be deemed to constitute safety devices unless they be closely and securely attached to the apparatus and so attached to the performer that they cannot be inadvertently detached during the performance.
(e) Life nets. Every life net used as safety device shall have an area not less than the area of possible fall of all performers for whose protection it is used. It shall be located throughout the performance so as to cover the total area of possible fall. It shall be supported at a height sufficient to prevent sagging to the surface beneath when cushioning the fall of the performers. If supported manually, a sufficient number of competent persons shall be assigned to hold it securely at such height. If supported mechanically, the supports shall be located entirely outside of and beyond the area of possible fall. back
Safety devices shall be approved or accepted only when they are of quality and design at least equal to the following standards.
(a) Life nets. Life nets shall have a mesh not exceeding three inches. The perimeter of each net shall be reinforced with cloth-covered wire rope or manila rope, and be equipped with proper size, padded thimbles, sockets or equivalent means of attachment to supports and anchorages. Every life net not of an approved type or not previously accepted after test, or exhibiting damage or deterioration likely to render it unsafe, shall be subjected to and pass a performance test as follows: The net shall be installed in the same manner as required in actual use. A test weight consisting of a bag filled with dry sand weighing 175 pounds and having a minimum diameter of 12 inches shall be suspended at a point above the center of the net and at a height equal to the maximum height of fall for which the net is to be used. The test weight shall then fall free from such point of suspension and be sustained by the net without damage to the latter. Nets used for protection of a number of performers at any one time shall be tested with an equal number of test weights dropped from points 6 to 10 feet apart.
(b) Safety belts and life lines. Every such belt or harness and its life line not an approved type or not previously accepted, or exhibiting damage or deterioration likely to render it unsafe shall be subjected to and pass a performance test as follows: The life line shall be attached to a rigid anchorage. A test weight as described for testing life nets shall be held by the belt or harness and shall be hoisted to a point in vertical alignment with the point of suspension so that, when released, it will fall free for a distance of three feet and be sustained after such fall by the life line and belt without damage to either.
(c) Loops. Loops used as safety devices which are not of an approved type or have not been previously accepted or which exhibit damage or deterioration likely to render them unsafe, shall be subjected to and sustain without damage a suspended load of 600 pounds. back
(a) Unsatisfactory safety devices. No performer shall use or perform with safety devices deemed by him to be inadequate to assure against substantial risk to himself or others of serious injury from falling.
(b) Use of safety belts, harness or loops. When a safety belt, harness or loop is used as a safety device the performer shall secure the same to his person immediately upon ascending to the apparatus and shall not remove or unfasten it during the performance except deliberately and temporarily in order to effect an incidental change of position.
(c) Control by safety supervisor. No performer shall commence, participate in or continue a performance the presentation of which has been forbidden or terminated, or in which his participation has been forbidden or terminated, by the safety supervisor. back
(a) Ascent and descent. Climbing or being hoisted to the apparatus, and climbing, sliding or being lowered therefrom to the surface beneath shall not be deemed a part of the performance for the purpose of this Part.
(b) Finales. Posing upon the apparatus without acting or performing thereon, shall not be deemed a part of a performance for the purpose of this Part.
(c) Notice to commissioner. At least 10 days before every performance the owner, agent, lessee, manager or other person in charge of a circus, carnival, fair, theatre, moving-picture house, public hall or other public place of assembly, resort or amusement in connection with which a performance is intended to be presented shall inform the commissioner by mail of the time and place at which the same will be presented. back
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