HF 1124

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; requiring bleacher safety; 
  1.3             providing penalties; appropriating money; amending 
  1.4             Minnesota Statutes 1998, sections 16B.72; and 16B.73; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapters 16B; and 325F. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [TITLE.] 
  1.9      Sections 1 to 7 may be referred to as the Minnesota 
  1.10  Bleacher Safety Act. 
  1.11     Sec. 2.  [16B.616] [BLEACHER SAFETY.] 
  1.12     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.13  section, the following terms have the meanings given. 
  1.14     (b) "Place of public accommodation" means a public or 
  1.15  privately owned sports or entertainment arena, gymnasium, 
  1.16  auditorium, stadium, hall, special event center in a public 
  1.17  park, or other facility for public assembly. 
  1.18     (c) "Bleacher" refers to any tiered or stepped seating 
  1.19  facility, whether temporary or permanent, used in a place of 
  1.20  public accommodation for the seating of its occupants. 
  1.21     Subd. 2.  [APPLICATION.] All places of public accommodation 
  1.22  must comply with the provisions of this section. 
  1.23     Subd. 3.  [SAFETY REQUIREMENTS.] In places of public 
  1.24  accommodation subject to this section, using bleacher seating, 
  1.25  all bleachers must conform to the following safety requirements: 
  1.26     (1) the open vertical space between bleacher footboards and 
  2.1   seats must not exceed four inches, unless approved safety nets 
  2.2   are installed; 
  2.3      (2) bleachers must have vertical perimeter guardrails with 
  2.4   no more than four-inch rail spacing between vertical rails to 
  2.5   prevent accidents; and 
  2.6      (3) bleachers must comply with all existing Uniform 
  2.7   Building Code provisions for bleacher safety. 
  2.8      Subd. 4.  [ENFORCEMENT.] (a) A statutory or home rule 
  2.9   charter city that is not covered by the code because of action 
  2.10  taken under section 16B.72 or 16B.73 is responsible for 
  2.11  enforcement in the city of the code's requirements for bleacher 
  2.12  safety.  In all other areas where the code does not apply 
  2.13  because of action taken under section 16B.72 or 16B.73, the 
  2.14  county is responsible for enforcement of those requirements. 
  2.15     (b) Municipalities which have not adopted the code may 
  2.16  enforce the code requirements for bleacher safety by either 
  2.17  entering into a joint powers agreement for enforcement with 
  2.18  another municipality which has adopted the code; or contracting 
  2.19  for enforcement with an individual certified under section 
  2.20  16B.65, subdivision 3, to enforce the code. 
  2.21     (c) Municipalities, school districts, organizations, 
  2.22  individuals, and other persons, operating or owning places of 
  2.23  public accommodation with bleachers, shall provide a signed 
  2.24  affidavit of compliance to the commissioner by the effective 
  2.25  date of this section.  The affidavit shall be prepared by a 
  2.26  qualified and certified building official and shall certify that 
  2.27  the bleachers have been inspected and are in compliance with the 
  2.28  requirements of this section and are structurally sound. 
  2.29     Subd. 5.  [PENALTIES.] The commissioner, in addition to 
  2.30  other remedies provided for violations of this chapter, shall 
  2.31  shut down places of public accommodation not in compliance with 
  2.32  this section. 
  2.33     Subd. 6.  [RULES.] The commissioner shall adopt rules to 
  2.34  implement this section.  The rules must provide for periodic 
  2.35  inspections of places of public accommodation.  The rules 
  2.36  adopted pursuant to this section shall be stated in simple and 
  3.1   nontechnical language. 
  3.2      Sec. 3.  Minnesota Statutes 1998, section 16B.72, is 
  3.3   amended to read: 
  3.4      16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN 
  3.5   COUNTIES.] 
  3.6      Notwithstanding any other provision of law to the contrary, 
  3.7   a county that is not a metropolitan county as defined by section 
  3.8   473.121, subdivision 4, may provide, by a vote of the majority 
  3.9   of its electors residing outside of municipalities that have 
  3.10  adopted the State Building Code before January 1, 1977, that no 
  3.11  part of the State Building Code except the building requirements 
  3.12  for handicapped persons, the requirements for bleacher safety, 
  3.13  and the requirements for elevator safety applies within its 
  3.14  jurisdiction.  
  3.15     The county board may submit to the voters at a regular or 
  3.16  special election the question of adopting the building code.  
  3.17  The county board shall submit the question to the voters if it 
  3.18  receives a petition for the question signed by a number of 
  3.19  voters equal to at least five percent of those voting in the 
  3.20  last general election.  The question on the ballot must be 
  3.21  stated substantially as follows:  
  3.22     "Shall the State Building Code be adopted in .......... 
  3.23  County?"  
  3.24     If the majority of the votes cast on the proposition is in 
  3.25  the negative, the State Building Code does not apply in the 
  3.26  subject county, outside home rule charter or statutory cities or 
  3.27  towns that adopted the building code before January 1, 1977, 
  3.28  except the building requirements for handicapped persons, the 
  3.29  requirements for bleacher safety, and the requirements for 
  3.30  elevator safety do apply.  
  3.31     Nothing in this section precludes a municipality or town 
  3.32  that has not adopted the State Building Code from adopting and 
  3.33  enforcing by ordinance or other legal means the State Building 
  3.34  Code within its jurisdiction.  
  3.35     Sec. 4.  Minnesota Statutes 1998, section 16B.73, is 
  3.36  amended to read: 
  4.1      16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 
  4.2   LOCAL OPTION.] 
  4.3      The governing body of a municipality whose population is 
  4.4   less than 2,500 may provide that the State Building Code, except 
  4.5   the requirements for handicapped persons, the requirements for 
  4.6   bleacher safety, and the requirements for elevator safety, will 
  4.7   not apply within the jurisdiction of the municipality, if the 
  4.8   municipality is located in whole or in part within a county 
  4.9   exempted from its application under section 16B.72.  If more 
  4.10  than one municipality has jurisdiction over an area, the State 
  4.11  Building Code continues to apply unless all municipalities 
  4.12  having jurisdiction over the area have provided that the State 
  4.13  Building Code, except the requirements for handicapped persons, 
  4.14  the requirements for bleacher safety, and the requirements for 
  4.15  elevator safety, does not apply within their respective 
  4.16  jurisdictions.  Nothing in this section precludes a municipality 
  4.17  or town from adopting and enforcing by ordinance or other legal 
  4.18  means the State Building Code within its jurisdiction. 
  4.19     Sec. 5.  [325F.015] [UNSAFE BLEACHERS.] 
  4.20     Subdivision 1.  [BLEACHER BAN.] No person, corporation, 
  4.21  partnership, joint venture, firm, or association shall 
  4.22  manufacture, sell, or distribute bleachers within Minnesota that 
  4.23  are not in compliance with section 16B.616. 
  4.24     Subd. 2.  [PENALTY.] Any person, corporation, partnership, 
  4.25  joint venture, firm, or association who violates this section 
  4.26  shall be subject to a civil penalty of $....... for each 
  4.27  violation. 
  4.28     Sec. 6.  [APPROPRIATION.] 
  4.29     $....... is appropriated from the general fund to the 
  4.30  commissioner of administration for the purpose of making grants 
  4.31  to municipalities and school districts to assist them in 
  4.32  bringing school district and municipally owned places of public 
  4.33  accommodation in compliance with the bleacher safety 
  4.34  requirements of section 2.  State grants to the municipality or 
  4.35  school district are available when the commissioner of 
  4.36  administration has determined matching funds in an amount equal 
  5.1   to the municipality or school district's grant have been 
  5.2   committed.  This appropriation is available until June 30, 2001. 
  5.3      Sec. 7.  [EFFECTIVE DATE.] 
  5.4      Sections 2 to 5 are effective one year after the date of 
  5.5   final enactment, except the rulemaking provisions in section 2 
  5.6   are effective the day following final enactment.