DID YOU
KNOW
Did you know it is mandated in California that public playgrounds be inspected by a Certified Playground Safety Inspector every year!?
That might seem like a lot, but playground injuries account for some of the highest equipment injuries, that require a visit to the hospital, in the nation (according to the National Electronic Injury Surveillance System - NEISS). Many of these injuries are due to maintenance negligence. Not only can that be traumatic for a child, it increases the chances of being held liable.
We understand it is expensive to own and operate a playground, that is why we are here to help! With regular service and inspections, you can save big costs, keep kids safe, and keep the beautiful community standards you work so hard for. We currently offer inspections, audits, as well as some maintenance and repair work. If we can’t fix it, we will work hard to find solutions for you and your budget. Let us help keep the sounds of laughter and happiness filling your community. Contact us today!
Cal. Health & Saf. Code § 115725
Current through the 2022 Legislative Session.
(a) All new playgrounds open to the public built by a public agency or any other entity shall conform to the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the United States Consumer Product Safety Commission.
(b) Replacement of equipment or modification of components inside existing playgrounds shall conform to the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the United States Consumer Product Safety Commission.
(c) All public agencies operating playgrounds and all other entities operating playgrounds open to the public shall have a playground safety inspector, certified by the National Playground Safety Institute, conduct an initial inspection for the purpose of aiding compliance with the requirements set forth in subdivision (a) or (b), as applicable. Any inspection report may serve as a reference when the upgrades are made, but is not intended for any other use.
(d) Playgrounds installed between January 1, 1994, and December 31, 1999, shall conform to the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the United States Consumer Product Safety Commission not later than 15 years after the date those playgrounds were installed.
(e) For purposes of this section, all of the following shall apply:
(1) An "entity operating a playground open to the public" includes, but is not limited to, a church, subdivision, hotel, motel, resort, camp, office, hospital, shopping center, day care setting, and restaurant. An "entity operating a playground open to the public" shall not include a licensed children's residential facility, certified family home or resource family of a licensed foster family agency, resource family approved by a county, or licensed family child care home, which is regulated to meet child safety requirements enforced by the State Department of Social Services.
(2) "Playground" means an improved outdoor area designed, equipped, and set aside for children's play that is not intended for use as an athletic playing field or athletic court, and shall include any playground equipment, fall zones, surface materials, access ramps, and all areas within and including the designated enclosure and barriers.
(f) Operators of playgrounds in child care centers regulated by the California Department of Social Services (CDSS) pursuant to Title 22 of Division 12 of Chapter 1 of the California Code of Regulations and facilities operated for the developmentally disabled, shall comply with the requirements established in this section.
(g)
(1) No state funding shall be available for the planning, development, or redevelopment of any playground, unless the playground, after completion of the state-funded project, will conform to the requirements of subdivision (a) or (b), as applicable. However, where state funds have been appropriated to, or allocated for, a playground project prior to the effective date of this section but the section becomes effective prior to the completion of the project, that funding shall be maintained, as long as the playground is altered to conform to the requirements of subdivision (a) or (b), as applicable, to the extent the alterations can be made without adding significantly to the project cost.
(2) After the date by which an entity is required to conform its playground to satisfy requirements of this section, no state funding shall be available for the operation, maintenance, or supervision of the playground unless the playground conforms to the applicable requirements of the section.
Ca. Health and Saf. Code § 115725
Amended by Stats 2017 ch 732 (AB 404),s 40, eff. 1/1/2018.
Added by Stats 2006 ch 470 (AB 1144),s 2, eff. 1/1/2008.
California Playground Safety Regulations
(also found under CA Code of regulations website at http://ccr.oal.ca.gov)
TITLE 22. Social Security Division
4. Environmental Health
Chapter 22. Safety Regulations for Playgrounds
Article 1. Definitions
65700. Certified Playground Safety Inspector.
“Certified Playground Safety Inspector” means an individual who has completed program requirements as a certified Playground Safety Inspector as specified in Section 65755.
65700.2. Children
“Children” means individuals who are two years of age through twelve years of age.
65700.6. Operator
“Operator” means any entity which operates a playground open to the public, including a church, subdivision, hotel, motel, resort, camp, office, hospital, shopping center, child care setting, and restaurant and any public agency, state agency, city, county, city and county, school district, and any other district.
65700.8. Playground
“Playground” means an improved outdoor area designed, equipped, and set aside for children's play that is not intended for use as an athletic playing field or athletic court, and shall include all playground equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures. 65700.10. Playground Equipment. “Playground Equipment” means a fabricated structure intended primarily for play by children located at a playground which has at least one surface designated and intended for play by children and which is anchored to or built into the ground and not intended to be moved.
65700.12. Supervisor.
“Supervisor” means an individual who has been hired or appointed by the operator, on a paid or volunteer basis, and trained by the operator to oversee the use of the playground, report hazards or injuries, and administer first aid in the case of injury.
Article 2. General Standards
65710. Operator Requirements
(a) Operators shall comply with the sections of the Handbook for Public Playground Safety (CPSC Handbook), Publication Number 325, U.S. Consumer Product Safety Commission November 1997, Date Code: 009711, (available from the Office of Information and Public Affairs, U.S. Consumer Product Safety Commission, Washington, D.C. 20207), and the sections of the Standard Consumer Safety Performance Specification for Playground Equipment for Public Use (ASTM Standard), Designation: F 1487 - 98, American Society for Testing and Materials, 1998 (available from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428), that relate to the design, installation, inspection, and maintenance of a playground and playground equipment, which are identified in this chapter and are hereby incorporated by reference.
(b) Wherever the sections of the CPSC Handbook identified in this chapter make recommendations, they shall be understood as mandatory requirements for purposes of this chapter; for instance, wherever those sections use the term “should,” it shall be understood as the term “shall”; wherever those sections use the term “recommend,” it shall be understood as the term “require”; wherever those sections use the term “recommendation,” it shall be understood as the term “requirement”; wherever those sections use the phrase “it is recommended,” it shall be understood as the phrase “it is required”; wherever those sections use the phrase “it is not recommended,” it shall be understood as the phrase “it is prohibited.”
65715. Initial Inspection
Operators shall have an initial inspection of their playgrounds by a Certified Playground Safety Inspector by October 1, 2000. Based on the initial inspection, operators shall implement any changes in the design, installation, inspection, maintenance and supervision of their playgrounds that are identified as necessary to comply with the requirements established in this chapter. Operators shall upgrade their playgrounds by replacement or improvement to the extent required by Section 115730 of the Health and Safety Code.
65720. Design
Operators shall design or redesign playgrounds, locate or relocate playground equipment and routes of access to and from playgrounds, and surface or resurface portions of playgrounds to comply with the following requirements:
(a) Section 4.2 of the CPSC Handbook - Critical Height
(b) Section 4.3 of the CPSC Handbook - Fall Heights for Equipment
(c) Section 4.4 of the CPSC Handbook - Equipment to Which Protective Surfacing Recommendations Do Not apply
(d) Section 5 of the CPSC Handbook - Use Zones for Equipment, in its entirety
(e) Section 9 of the ASTM Standard - Playground Layout, in its entirety
(f) Section 10 of the ASTM Standard - Accessibility, in its entirety
(g) Section 11.2 of the ASTM Standard - Owner's/Operator's Responsibilities for Installation
65725. Equipment and Materials
Operators shall provide playground equipment and surfacing materials that comply with the following requirements:
(a) Section 8 of the CPSC Handbook - Materials of Manufacture and Construction, in its entirety.
(b) Section 9 of the CPSC Handbook - General Hazards, in its entirety
(c) Section 10 of the CPSC Handbook - Stairways, Ladders and Handrails (including 10.1, General; 10.2.1, Rungs and Other Hand gripping Components; 10.3, Handrails; 10.3.1, Handrail Height; 10.3.2, Handrail Diameter; and 10.4, Transition From Access to Platform), except for 10.2, Stairways and Ladders, which is excluded
(d) Section 11 of the CPSC Handbook - Platforms, Guardrails and Protective Barriers, in its entirety
(e) Section 12 of the CPSC Handbook - Major Types of Playground Equipment, except for 12.4.3, Slide Platforms, which is excluded
(f) Section 4 of the ASTM Standard - Materials and Manufacture, in its entirety
(g) Section 6 of the ASTM Standard - Performance Requirements, in its entirety
(h) Section 7 of the ASTM Standard - Requirements for Access/Egress, in its entirety
(i) Section 8 of the ASTM Standard - Equipment, except for 8.6, Swings, which is excluded
(j) Section 14 of the ASTM Standard - Labeling, in its entirety
65730. Assembly and Installation
Operators shall have playground equipment assembled and installed in compliance with the written instructions of the manufacturer. Either the playground equipment shall be assembled and installed by or under the direct supervision of an individual who is authorized by the manufacturer to assemble and install the equipment or, prior to its first use, the playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify to the operator in writing that the equipment, insofar as it can be seen without disassembling it or digging into the surfacing, is in compliance with the requirements established in this chapter.
65735. Maintenance
Operators shall maintain and inspect the playground and playground equipment in accordance with Section 7.2 of the CPSC Handbook and Section 13 of the ASTM Standard.
65740. Training
Operators shall train their personnel involved in the design, installation, and maintenance of a playground by ensuring their personnel have read and understood the requirements established in this chapter, before participating in the design, installation or maintenance of a playground for which the personnel has responsibility
65745. Supervision
Operators who provide supervision shall do so in accordance with Section 6.4 of the CPSC Handbook
Article 3. Certified Playground Safety Inspector Requirements
65750. Certified Playground Safety Inspector
A Certified Playground Safety Inspector shall possess a current Certified Playground Safety Inspector certificate issued by the National Playground Safety Institute (c/o National Parks and Recreation Association, 22377 Belmont Ridge Road, Ashburn, VA 20148, telephone: (703) 858-2148 or e-mail: info@nrpa.org).
Article 4. Provisions for Child Care Centers and Facilities Operated for the Developmentally Disabled
65755. Child Care Center and Developmentally Disabled Facility Requirements
Operators of playgrounds in child care centers regulated by the California Department of Social Services (CDSS) pursuant to California Code of Regulations, Title 22, Division 12, Chapter 1, and facilities operated for the developmentally disabled, shall comply with the requirements established in this chapter.
Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115740, Health and Safety code. History
1. New article 4 (section 65755) and section filed 12-22-99; operative 1-1-2000 pursuant to Government Code section 11343.4 (d) (Register 99, No. 52).