SF 1590

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/22/2010 11:47am

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.

[184B.20] INFLATABLE AMUSEMENT EQUIPMENT.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in
this subdivision have the meanings given.

(b) "Commercial use" means regular use of an inflatable for profit by an owner
at a permanently located facility:

(1) to which the general public is invited; or

(2) which the owner makes available at that facility for private parties or other events.

"Commercial use" does not include use of an inflatable at a carnival, festival, fair,
private party, or similar venue at a location other than the permanently located facility.

(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.

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

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

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

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

Subd. 2.

Prohibition.

No owner shall provide an inflatable for commercial use in
this state by others unless the owner complies with this section.

Subd. 3.

Protection against injuries from falls.

An inflatable that is in commercial
use must be placed in a manner that complies with ASTM Standard F 2374.07, adopted
by the American Society for Testing and Materials, including any future updates to that
standard.

Subd. 4.

Supervision by trained person required.

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.

Subd. 5.

Insurance required.

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 medical
payments coverage 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.
The insurance must be issued by an insurance company authorized to issue the coverage
in this state by the commissioner of commerce, and must be kept in force during the
entire period of registration. The insurance policy must include a provision requiring
the insurance company to provide at least a ten-day prior notice of cancellation to the
commissioner of labor and industry.

Subd. 6.

Registration required.

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, the street address of each facility at which
the owner regularly provides inflatables for commercial use in this state by others, and
a current insurance certificate of coverage proving full compliance with subdivision 5.
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 of $100 for
a two-year registration designed to cover the cost of registration and enforcement. The
registration certificate shall be issued and renewed for a two-year period. The registrant
shall promptly notify the commissioner in writing of any changes in the registration
information required in this subdivision.

Subd. 7.

Enforcement.

The commissioner of labor and industry shall enforce this
section and may use for that purpose section 326B.082 and any powers otherwise available
to the commissioner for enforcement purposes, including suspension or revocation of the
person's registration and assessment of fines.

EFFECTIVE DATE.

This section is effective August 1, 2010.