Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 10-H.F.No. 104 
           An act relating to consumer protection; regulating 
          automatic garage door opening systems; amending 
          Minnesota Statutes 1990, sections 325F.82, subdivision 
          2, and by adding a subdivision; and 325F.83, 
          subdivisions 1, 3, and 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 325F.82, 
subdivision 2, is amended to read: 
    Subd. 2.  [AUTOMATIC GARAGE DOOR OPENING SYSTEM.] 
"Automatic garage door opening system" means a system of devices 
and equipment that, when connected to a garage door, 
automatically opens and closes a garage door. 
    Sec. 2.  Minnesota Statutes 1990, section 325F.82, is 
amended by adding a subdivision to read: 
    Subd. 5.  [AUTOMATIC REVERSING REQUIREMENT.] "Automatic 
reversing requirement" means the requirements specified in 
paragraphs 30.1 and 30.2 of Underwriters Laboratories, Inc., 
Standards for Safety-UL 325, third edition, as revised May 4, 
1988, for a residential automatic garage door opening system or 
the requirements specified in paragraph 29.1 of Underwriters 
Laboratories, Inc., Standards for Safety-UL 325, third edition, 
as revised May 4, 1988, for a commercial vehicular door operator.
    Sec. 3.  Minnesota Statutes 1990, section 325F.83, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MANUFACTURING, SALES, PURCHASES, REPAIRS, 
OR INSTALLATIONS OF SYSTEMS.] (a) No person shall manufacture, 
sell, offer for sale, purchase, or install in this state an 
automatic garage door opening system for residential buildings 
that does not comply with subdivision 3.  
    (b) Subd. 1a.  [SERVICE OR REPAIR OF SYSTEMS.] No person 
shall service or repair an automatic garage door opening system 
for residential buildings that does not comply with subdivision 
3, paragraph (a) the automatic reversing requirement.  This 
paragraph does not prevent the servicing or repair of an 
automatic garage door opening system if the system will be in 
compliance with subdivision 3, paragraph (a), the automatic 
reversing requirement after the repair or service. 
    The person servicing or repairing the automatic garage door 
opening system shall determine whether or not the system 
complies with the automatic reversing requirement by conducting 
an on-site test of the system. 
    Subd. 1b.  [WARNING LABEL.] If the automatic garage door 
opening system does not pass the on-site test required by 
subdivision 1a, the person conducting the test shall complete 
and conspicuously attach to the automatic garage door opening 
system, a red label that states the following: 
 "DANGER 
    This garage door opener was tested and does not meet the 
requirements for a working safety reverse feature.  This can be 
dangerous and may cause serious injury or death.  You are 
advised to disconnect the opener from the door immediately and 
operate the door manually until the opener has been repaired or 
replaced with one that meets current safety standards relating 
to automatic reversal as provided for in Minnesota Statutes, 
section 325F.83, subdivision 1a. 
.............................    ...............................
Model                            Name of Tester
.............................    ...............................
Manufacturer                     Firm Name
.............................    ...............................
Serial Number                    Firm Address/Phone Number
                                 ...............................
                                 Date"
    The firm of the agent or employee who attached the red 
label shall notify within ten working days in writing the 
occupant of the residence that the system did not comply with 
subdivision 1a. 
    Sec. 4.  Minnesota Statutes 1990, section 325F.83, 
subdivision 3, is amended to read: 
    Subd. 3.  [MINIMUM STANDARDS.] (a) No later than January 1, 
1991, all automatic garage door opening systems subject to 
subdivision 1, 1a, or 2 must conform to the applicable 
requirements of Underwriters Laboratories, Inc., Standards for 
Safety-UL 325, third edition, as revised May 4, 1988. 
    (b) No later than January 1, 1993, all automatic garage 
door opening systems subject to subdivision 1 or 2 must include 
an attached edge sensor, safety beam, or similar device that 
when activated causes a closing door to open and prevents an 
open door from closing.  This device is to be designed and built 
so that a failure of the device prevents the door from closing.  
    Sec. 5.  Minnesota Statutes 1990, section 325F.83, 
subdivision 4, is amended to read: 
    Subd. 4.  [MANUFACTURER'S LABELING REQUIREMENTS.] On and 
after January 1, 1991, a manufacturer selling or offering for 
sale automatic garage door opening systems in this state shall 
clearly identify on the container and on the system, the 
month or week and year the system was manufactured, and its 
conformance with UL 325, as required under subdivision 3, 
paragraph (a).  The display of the UL logo or listing mark and 
compliance with the date marking requirements of UL 325 on both 
the container and the system fulfills the manufacturer's 
labeling requirements specified under this subdivision. 
    Sec. 6.  [CLARIFICATION OF LEGISLATIVE INTENT.] 
    Minnesota Statutes, section 325F.83, subdivision 8, states 
that it is not now, nor has it ever been, the intention of the 
legislature that garage door opening systems were to be 
considered improvements to real property as that term is used in 
section 541.051 so as to alter the statutes of limitations or 
statutes of repose which otherwise apply to manufacturers and 
sellers of such products. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 6 are effective the day following final 
enactment. 
    Presented to the governor March 22, 1991 
    Signed by the governor March 26, 1991, 9:37 a.m.