SF 1590

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am

A bill for an act
relating to consumer protection; protecting customers from injuries resulting
from use of inflatable play equipment used for commercial purposes; requiring
the presence of trained supervisors and liability insurance; proposing coding for
new law in Minnesota Statutes, chapter 184B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [184B.20] INFLATABLE AMUSEMENT EQUIPMENT.
new text end

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
this subdivision have the meanings given.
new text end

new text begin (b) "Commercial use" means regular use of an inflatable for profit by an owner:
new text end

new text begin (1) at a facility to which the general public is invited; or
new text end

new text begin (2) that the owner makes available for private parties or other events.
new text end

new text begin (c) "Inflatable" means an amusement device, used to bounce or otherwise play on,
that incorporates a structural and mechanical system and employs a high-strength fabric or
film that achieves its strength, shape, and stability by tensioning from internal air pressure.
new text end

new text begin (d) "Owner" means a person who owns, leases as lessee, or controls the operation of
an inflatable for commercial use.
new text end

new text begin (e) "Person" has the meaning given in section 302A.011, subdivision 22.
new text end

new text begin (f) "Supervisor" means an individual stationed within close proximity to an inflatable
during its use, for the purpose of supervising its safe use.
new text end

new text begin (g) "Trained" means that an individual has received instruction in how to supervise
the safe use of inflatables.
new text end

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
this state by others unless the owner complies with this section.
new text end

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
use must be placed on a surface that complies with ASTM Standard F 2374.07, adopted
by the American Society for Testing and Materials, including any future updates to that
standard.
new text end

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
allow commercial use of the inflatable unless a trained supervisor is present in close
proximity to the inflatable and is actively supervising its use. The ratio of supervisors to
inflatables must be no less than one.
new text end

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
subdivision 2 shall maintain liability insurance covering liability for a death or injury
resulting from commercial use of the inflatable with limits of no less than $1,000,000 per
occurrence and $2,000,000 aggregate per year. The insurance shall also include coverage
for no-fault medical payments of no less than $5,000 per occurrence, which may be
limited to injuries incurred while using an inflatable, including getting on or off of the
inflatable. In the event of a claim against the no-fault medical payments coverage, a
waiver of liability signed by or on behalf of the injured person does not apply with respect
to that claim. The insurance must be issued by an insurance company authorized to issue
the coverage in this state by the commissioner of commerce.
new text end

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
subdivision 2 must obtain and maintain a current registration with the commissioner of
labor and industry. The registration information must include the name, address, telephone
number, and e-mail address of the owner, and the street address of each facility at which
the owner regularly provides inflatables for commercial use in this state by others. The
commissioner shall issue and renew a certificate of registration only to owners who
comply with this section. The commissioner shall charge a registration fee designed to
cover the cost of registration and enforcement. The registration certificate shall be issued
and renewed for a three-year period.
new text end

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
section and may use for that purpose any powers otherwise available to the commissioner
for enforcement purposes, including suspension or revocation of the person's registration
and assessment of fines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end