June 27, 2007, Introduced by Senators BRATER, JACOBS, HUNTER, CLARKE, SCOTT, CHERRY and THOMAS and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1997 PA 16, entitled
"The playground equipment safety act,"
by amending the title and section 6 (MCL 408.686).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to regulate the manufacturing, and assembling, and
maintenance of public playground equipment; to provide for the
powers and duties of certain state and local governmental officers
and entities; and to provide penalties.
Sec. 6. (1) Except as otherwise provided in subsection (2),
the
a local unit of government, school district, or other
governmental
entity that owns and operates the public playground
equipment
shall be is responsible for the maintenance, repair, and
upkeep of the public playground equipment according to the
standards identified by this act.
(2) For the maintenance, repair, and upkeep of public
playground equipment that existed before the effective date of this
act, the standards required by section 4 shall apply only to the
extent
that such application applying
those standards is possible
without requiring substantial alteration, removal, or replacement
of the existing equipment.
(3) Within 1 year after the effective date of the amendatory
act that added this subsection, a local unit of government, school
district, or other governmental entity that owns and operates
public playground equipment that contains wood treated with or
containing chromated copper arsenate shall post a sign on or near
the equipment, and at any other location the governmental entity
determines is appropriate, that contains the following statement:
"Warning. Some wood in this playground equipment may contain
chromated copper arsenate (CCA) treated wood. Hand washing after
contact is recommended especially before consuming food or
beverages. Please contact the Michigan department of community
health at 1-800-353-8227 for more information.".
(4) A local unit of government, school district, or other
governmental entity that violates subsection (3) is responsible for
a state civil infraction and may be ordered to pay a civil fine of
not more than $1,000.00 and court costs. However, the court shall
waive a civil fine assessed under this subsection if the
governmental entity in violation of subsection (3) pays the
assessed court costs, and within 45 days after the fine is ordered
provides evidence to the court that it is then in compliance with
subsection (3).
(5) The department of community health shall respond to
inquiries concerning the health risks associated with exposure to
chromated copper arsenate from the public and shall post
information concerning those health risks on its departmental
website.