SENATE BILL No. 623

 

 

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.