Esta ley crea la "Ley de Seguridad en la Operación de Inflables para Recreación" y autoriza al Secretario del Departamento de Asuntos del Consumidor (DACO) a regular el alquiler y operación de inflables recreativos. Establece la creación de un registro, un sistema de licencias y fianzas para los propietarios y operadores de este tipo de negocio, con el fin de garantizar la seguridad de los usuarios.
(Substitute for H. B. 2787) (Reconsidered) (No. 111) (Approved on April 17, 2003)
To create the Operation of Inflatables for Recreation Security Act," for the purpose of authorizing and requiring the Secretary of the Department of Consumer Affairs (DACO) to regulate the rental or operation of recreational inflatable ("inflatable amusement rides or chambers") and to establish a register and a system of licenses and bonds, to be required of the people (owners and operators) who are engaged in this business activity.
Recently there has been a growing demand for family recreation through the use of inflatables and other types of equipment for entertainment. This has brought about the proliferation of people and businesses dedicated to satisfy said demand, which, in many cases lack the knowledge, or adequate techniques and practices for the safe operation of such equipment.
According to data from the Consumer Products Safety Commission (CPSC), in 1993, 850 injuries occurring through the use of inflatables were reported. In the year 2000 this amount increased sharply, reaching 1,918 injuries. Of the later $88.2 %$ referred to children under fifteen (15) years of age, of whom $61.2 %$ were children under 10 years of age.
From the year 1999 to 2001, the U.S. Consumer Product Safety Commission investigated several incidents in the United States related to
recreational inflatables ("inflatable amusement rides or chambers") in which people suffered injuries to the head, broken bones, contusions, abrasions, dislocations or sprains. Prior to said period, there had been three deaths involving this type of attraction generally used in fairs, carnivals and festivals, but which is also operated in private parties or meetings through rental agencies.
After determining that the majority of the incidents were principally attributable to improper operation of the inflatable equipment, as well as its anchoring and assembly, the abovementioned Commission issued a revised safety bulletin dated December 5, 2001. This bulletin established certain parameters to redress the indicated situation with the purpose of protecting the health and the welfare of children, youths and adults who enjoy such activity.
At a local level, there are people dedicated to the inflatable business, combined with other lucrative activities, who do not register it as a bona fide business, who do not pay licenses, taxes or duties, nor employment insurance, or public liability insurance to answer for the damages caused by the negligent operation of said business. Of course, the unfair competition of these businessmen significantly effects the interests of small entrepreneurs who are legally established, since the underground business does not have the various operating expenses required by the present code of laws.
Furthermore, people who undertake this business activity commonly engage in the following practices that directly affect the health and welfare of our children: frequently the operators of inflatable equipment are minors who move away from their positions and leave children unsupervised; occasionally, the operators allow children with their arms in a cast, with
mirrors, sharp objects or shoes, to enjoy the attraction; for the enjoyment of this activity, children are not classified according to age, sometimes mixing the smaller ones with the larger ones; operators are allowed to consume alcoholic beverages while the equipment is functioning; operators are not required to have public health certificates; personnel who are not trained for emergency situations are used; equipment is rented without operators safety measures are not established or they are too vague; consumption of food is allowed inside the inflatable; children are allowed to jump with older ones, or with adults.
All of the above can give us an idea of the present need for the regulation of these recreational activities, for the protection of the health and safety of our children.
Section 1.- This Act shall be known as the "Operation of Inflatables for Recreation Security Act."
Section 2.- The Secretary of the Department of Consumer Affairs is ordered to create and establish a registry of owners and operators, and a system of licenses and bonds to be required for people engaged in the business of renting or operating recreational inflatables ("inflatable amusement rides or chambers").
The Secretary will fix and review the duties to be collected for the licenses issued under this Act, as well as the charges concerning the investigation of the applications for licenses and the registration fees which initially, shall not exceed one hundred (100) dollars, which the secretary may review the amount every four years in order to adjust it to the consumer price index, as determined by the Puerto Rico Planning Board. In the same way, he will establish the form and the amount of the bonds. To determine
this, the amount of the duties, charges and bonds established by law or by regulations for commercial and service activities similar and comparable to them, and the corresponding filing expenses, shall be taken into consideration, among other criteria. In the case of bonds, they shall be fixed and reviewed so that, considering the owner's or operator's volume of business, based on the experience, the amount and the type of bond he can reasonably comply with the obligations contracted, or from the regulations, established.
Section 3.- The Secretary shall promulgate regulations for this commercial activity, within one hundred eighty (180) days from the effective date of this Act, considering among other things, the safety bulletins issued by the U.S. Consumer Product Safety Commission.
Said regulations shall provide for the adoption of safety measures for the operation of inflatables and shall include, without being limited to the following aspects, parameters and specifications:
Section 4.- No person may engage in the business of renting or operating recreational inflatable ("inflatable amusement rides or chambers") unless he/she is duly registered and licensed by DACO, has posted a bond, and meets all the requirements established by DACO through the Regulations referred to in this Act.
Section 5.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 111 (Substitute for H.B. 2787) (Reconsidered) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to create the Operation of Inflatables for Recreation Security Act," for the purpose of authorizing and requiring the Secretary of the Department of Consumer Affairs (DACO) to regulate the rental or operation of recreational inflatable ("inflatable amusement rides or chambers") and to establish a register and a system of licenses and bonds, to be required of the people (owners and operators) who are engaged in this business activity, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of April of 2004.
Elba Rosa Rodríguez-Fuentes Director