HF 1746

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

1.1A bill for an act

1.2relating to consumer protection; protecting customers from injuries resulting
1.3from use of inflatable play equipment used for commercial purposes; requiring
1.4the presence of trained supervisors and liability insurance;proposing coding for
1.5new law in Minnesota Statutes, chapter 184B.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. [184B.20] INFLATABLE AMUSEMENT EQUIPMENT.
1.8    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
1.9this subdivision have the meanings given.
1.10(b) "Commercial use" means regular use of an inflatable for profit by an owner
1.11at a permanently located facility:
1.12(1) to which the general public is invited; or
1.13(2) which the owner makes available at that facility for private parties or other events.
1.14    "Commercial use" does not include use of an inflatable at a carnival, festival, fair,
1.15private party, or similar venue at a location other than the permanently-located facility.
1.16(c) "Inflatable" means an amusement device, used to bounce or otherwise play on,
1.17that incorporates a structural and mechanical system and employs a high-strength fabric or
1.18film that achieves its strength, shape, and stability by tensioning from internal air pressure.
1.19(d) "Owner" means a person who owns, leases as lessee, or controls the operation of
1.20an inflatable for commercial use.
1.21(e) "Person" has the meaning given in section 302A.011, subdivision 22.
1.22(f) "Supervisor" means an individual stationed within close proximity to an inflatable
1.23during its use, for the purpose of supervising its safe use.
1.24(g) "Trained" means that an individual has received instruction in how to supervise
1.25the safe use of inflatables.
2.1    Subd. 2. Prohibition. No owner shall provide an inflatable for commercial use in
2.2this state by others unless the owner complies with this section.
2.3    Subd. 3. Protection against injuries from falls. An inflatable that is in commercial
2.4use must be placed in a manner that complies with ASTM Standard F 2374.07, adopted
2.5by the American Society for Testing and Materials, including any future updates to that
2.6standard.
2.7    Subd. 4. Supervision by trained person required. No owner of an inflatable shall
2.8allow commercial use of the inflatable unless a trained supervisor is present in close
2.9proximity to the inflatable and is actively supervising its use. The ratio of supervisors to
2.10inflatables must be no less than one.
2.11    Subd. 5. Insurance required. An owner of an inflatable that is subject to
2.12subdivision 2 shall maintain liability insurance covering liability for a death or injury
2.13resulting from commercial use of the inflatable with limits of no less than $1,000,000 per
2.14occurrence and $2,000,000 aggregate per year. The insurance shall also include medical
2.15payments coverage of no less than $5,000 per occurrence, which may be limited to
2.16injuries incurred while using an inflatable, including getting on or off of the inflatable.
2.17The insurance must be issued by an insurance company authorized to issue the coverage in
2.18this state by the commissioner of commerce, and must be kept in force during the entire
2.19period of registration. In the event of a policy cancellation, the insurer will send written
2.20notice to the commissioner of labor and industry at the same time that a cancellation
2.21request is received from or a notice is sent to the insured.
2.22    Subd. 6. Registration required. An owner of an inflatable that is subject to
2.23subdivision 2 must obtain and maintain a current registration with the commissioner of
2.24labor and industry. The registration information must include the name, address, telephone
2.25number, and e-mail address of the owner, the street address of each facility at which
2.26the owner regularly provides inflatables for commercial use in this state by others, and
2.27a current insurance certificate of coverage proving full compliance with subdivision 5.
2.28The commissioner shall issue and renew a certificate of registration only to owners who
2.29comply with this section. The commissioner shall charge a registration fee of $100 for
2.30a two-year registration designed to cover the cost of registration and enforcement. The
2.31registration certificate shall be issued and renewed for a two-year period. The registrant
2.32shall promptly notify the commissioner in writing of any changes in the registration
2.33information required in this subdivision.
2.34    Subd. 7. Enforcement. The commissioner of labor and industry shall enforce this
2.35section and may use for that purpose section 326B.082 and any powers otherwise available
3.1to the commissioner for enforcement purposes, including suspension or revocation of the
3.2person's registration and assessment of fines.
3.3EFFECTIVE DATE.This section is effective August 1, 2010.