March 11, 2009, Introduced by Senators JACOBS, CLARKE, CHERRY, BRATER, CLARK-COLEMAN and SWITALSKI and referred to the Committee on Education.
A bill to amend 1997 PA 16, entitled
"The playground equipment safety act,"
by amending sections 2 and 6 (MCL 408.682 and 408.686).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(b) "Public playground equipment" means apparatus, including
but not limited to slides, climbers, seesaws, flagpoles, and
swings, designed for the recreational use of children and owned and
operated by a local unit of government, school district, or any
other governmental entity.
Sec. 6. (1) Except as otherwise provided in subsection (2),
the local unit of government, school district, or governmental
entity that owns and operates the public playground equipment shall
be responsible for the maintenance, repair, and upkeep of the
public playground equipment according to the standards identified
by this act. In the case of flagpoles, any replacement shall be of
flagpoles made of aluminum or material that is considered by the
industry to be high strength and lightweight material.
(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 is possible without requiring
substantial alteration, removal, or replacement of the existing
equipment.