HF 1746

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:28 p.m.

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