HOUSE BILL No. 4102


     January 28, 1997, Introduced by Rep. Hammerstrom and referred to the Committee on Regulatory Affairs.


        A bill to regulate the manufacturing and assembling of

   public playground equipment; and to provide penalties.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  This act shall be known and may be cited as "the

 2    playground equipment safety act".

 3         Sec. 2.  As used in this act:

 4         (a) "Person" means an individual, partnership, corporation,

 5    association, governmental entity, or other legal entity.

 6         (b) "Public playground equipment" means apparatus, including

 7    but not limited to slides, climbers, seesaws, and swings,

 8    designed for the recreational use of children and located on

 9    grounds open to the public.

10         Sec. 3.  A person shall comply with the following standards

11    at any time that the person is engaged in the manufacture or

12    assembly of public playground equipment in this state:


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 1         (a) The "handbook for public playground safety" published

 2    for the U.S. consumer products safety commission, which is incor-

 3    porated by reference and is based upon recommendations provided

 4    to the commission by the COMSIS corporation in March 1990 in

 5    "development of human factors criteria for playground equipment

 6    safety" by Donna Rattle, Melanie Morrison, and Neil Lerner.

 7         (b) The "standard consumer safety performance specification

 8    for playground equipment for public use, ASTM F1487-93", pub-

 9    lished by the American society for testing and materials, which

10    is hereby incorporated by reference.

11         Sec. 4.  (1) A person who violates this act is responsible

12    for the payment of a civil fine of not more than $1,000.00.

13         (2) A default in the payment of a civil fine or costs

14    ordered under this act or an installment of the fine or costs may

15    be remedied by any means authorized under the revised judicature

16    act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.

17         (3) Money collected under this section shall be deposited

18    into the children's trust fund established under section 1 of

19    1982 PA 249, MCL 21.171.

20         Enacting section 1.  This act does not take effect unless

21    Senate Bill No. _____ or House Bill No. _____ (request

22    no. 00253'97 a) of the 89th Legislature is enacted into law.













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