N.Y. Comp. Codes R. & Regs. tit. 12, § 41.8
(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.