N.Y. Comp. Codes R. & Regs. tit. 12 § 41.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 41.3 - Safety supervisors

(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 supervisor. Every safety supervisor shall:

(1) familiarize himself with the provisions of section 37.09 of the Arts and Cultural Affairs Law and the provisions of this Part;

(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.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 41.3