N.Y. Arts and Cultural Affairs Law § 37.09

§ 37.09. Protection of aerial performers from accidental falls. 1. No\nperson shall participate in any public performance or exhibition on a\ntrapeze, tightrope, wire, rings, ropes, poles, or other aerial apparatus\nwhich requires skill, timing or balance and which creates a substantial\nrisk to himself or others of serious injury from falling, unless there\nshall be provided for such performance a safety belt, life-net, or other\nsafety device of similar purpose suitably constructed and placed to\narrest or cushion his fall and minimize the risk of such injury. No\nowner, agent, lessee, manager or other person in charge of a circus,\ncarnival, fair, theatre, moving-picture house, public hall, or other\npublic place of assembly, resort or amusement, shall permit any person\nto take part in a performance specified herein without providing such\nsafety device. Any such aerial performance or exhibition without such\nsafety device in which the height of possible fall is more than twenty\nfeet, shall be presumed to create a substantial risk of serious injury.\n 2. The commissioner of labor may make rules supplementary to this\nsection designating safety devices of an approved type, strength and\nlocation and otherwise effectuating the purposes hereof. The\ncommissioner may also grant variations pursuant to the provisions of\nsection thirty of the labor law. Violations of this section shall be\npunishable as provided in section two hundred thirteen of the labor law\nfor violations thereunder.\n 3. In acting upon an application for a variation, the board may take\ninto consideration the availability, in whole or part, of practicable\nsafety devices for a particular type of performance or exhibition and\nthe history and nature of the accidents incurred in such performance or\nexhibition. The provisions of subdivision one of this section and the\nrules of the board issued pursuant to this section shall be inapplicable\nto any performance or exhibition concerning which a variation has been\nissued to the extent specified in such variation.\n