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FACT SHEET Playground Safety
regulations for California
Facts You Need To Know
As of January 1, 2000, California legislation SB 2733
and AB 1055 (Playground Safety Regulations R-39-97) is
the law regarding children's playgrounds. The law
requires that all playground equipment areas accessible
to the public (such as at schools, in parks or
childcare / commercial facilities) be audited / inspected
for safety. The legislation contains a list of required
areas in its introduction. A copy of the legislation,
made available by the State of California, can be
obtained from either:
http://ccr.oal.ca.gov or Barclays West Law
Publishers (800/888-3600)
Also available for purchase is a Statement of Reasons
(rationale) from the Department of Health Services,
Office of Regulations,
regulation@dhs.ca.gov
This legislation requires an initial inspection by an
NPSI certified CPSI (Certified Playground Safety
Inspector). The standards for the inspections are the
current Consumer Product Safety Commission (CPSC) and
American Society for Testing and Materials (ASTM)
playground guidelines and are noted in the legislation.
These inspections should be in writing to protect the
equipment provider.
For a list of Certified Playground Safety Inspectors,
call the California Park and Recreation Society for an
informational packet at 916/665-2777.
Only the initial inspection is required for the safety
and placement of the equipment, access, surfacing, etc.
Supplemental inspections are required only if play
equipment is added, altered, changed, damaged, etc.
However, per the CPSC guidelines, after the inspection,
both routine and periodic inspections are required to
assure that the playgrounds are safe for play.
The guidelines also indicate that IPEMA-certified
playground equipment meets the ASTM playground equipment
safety standards (for structural and user safety, etc.)
Other equipment, including custom designed new and
existing equipment, needs to be very carefully inspected
for safety. Again, the most current versions of the CPSC
and ASTM materials are the law in California.
"Where do I get help with funding playground
repairs?"
The California Integrated Waste Management Board will
conduct a small grants program, the Playground Safety
and Recycling Act of 1999 to assist local agencies with
upgrading their playgrounds to satisfy the new
playground safety regulations. It is anticipated that
the first grants cycle will commence July, 2000.
Potential applicants are requested to fax their name and
address to the Board to be added to the AB 1055 grants
mailing list, fax number 916/255-3871. For more
information email playgrnd@ciwinb.ca.gov or visit the
CIWMB website at
www.ciwmb.ca.gov .
"How often should I inspect our playgrounds?"
It is up to the agency or business to set the
timetable for the routine and periodic inspection,
depending on the items and circumstances that will keep
the play areas safe. While the required routine and
periodic safety inspections do not have to be conducted
by a CPSI, it would be judicious to have those making
the inspections trained by an experienced CPSI. For
example, things that can become unsafe on a daily basis,
such as the landing surface, may be inspected as
frequently as every morning before use for displacement,
unsafe or unhealthy materials, (broken glass, refuse,
hypodermic needles, animal droppings, etc.) Items less
likely to become unsafe such as loose bolts are checked
routinely. For example, a heavily used theme park may
check these weekly, a school or park may check these on
a regular schedule. Span of time depends on the
playground provider, the use, meteorological factors,
site conditions and security, the neighborhood users and
the likelihood of vandalism to equipment. Per the CPSC
guidelines, items that are less subject to wear and
damage, e.g. swing chains and devices, or structural
items (footings) will be inspected on a periodic basis.
Below are examples of when various administrators or
managers of parks, schools or business' may have
playground equipment checked:
Weekly; monthly, bimonthly or
quarterly; the beginning of each semester or heavy use
season
The bottom line is that each play equipment provider
must have a safety inspection program that keeps a play
area safe.
"How will this be enforced in CA?"
At the minimum, by litigation and the desire to reduce
liability exposure. That is, if a child is injured or
someone feels his or her child can't access the play
equipment because it does not meet the guidelines, they
can file suit. If it is shown that there was an injury
and the provider was shown to be negligent in the
claimed regard, resulting in the damages claimed, an
award might be made to the plaintiff.
Resources
The following resources are available to explain the
recent process used by the State of California to create
the regulations. However, please remember these
resources cannot interpret SB 2733, AB 1055 or
Regulations R-39-97.
For questions and advice regarding the interpretation
and application of the regulations, you should seek
appropriate legal counsel. For a Statement of Reasons
from the Department of Health Services, Office of
Regulations email
regulation@dhs.ca.gov
For resources to assist persons in obtaining and
maintaining the Certified Playground Safety Inspector
credential contact:
California Park & Recreation Society, 916/665-2777
(CAA Host for the CPSI program)
National Recreation & Park Assoc., National Playground
Safety Institute, 703/858-2894 |
