What is the Law?
Who is responsible?
What are the consequences?
What can you do to protect yourself?
Risks vs Hazards
Playground SafetyIt’s The Law!
800-734-4882 / SafePark.com
What is the California Law?
All public playgrounds must be inspected initially by a Certified Playground Safety Inspector(CPSI) before October, 2000.
All public playgrounds must be in compliance with the Consumer Product Safety CommissionHandbook for Public Playgrounds #325, available from their website at no charge,www.cpsc.gov
All California public playgrounds must be in compliance with specific sections of AmericanSociety of Testing and Materials, document titled F1487 available for purchase from ASTM,www.astm.org.
All public playgrounds must be in compliance with the Federal Access Board ADA requirements,www.access-board.gov
The California regulations state that the playgrounds owner/operator must have on file the initialAudit of the playground and all other documents pertaining to the playground.
Once the playground has been audited (initial inspection), the following must occur;
Corrections are made to bring the playground into compliance with all of the aboveregulations. Periodic inspections and maintenance must be provided by theowner/operator; keeping the playground safe and compliant, to protect the kidsfrom injury and reduce liability and potential litigation against the owner/operator
Source http://www.cprs.org/user_media/pdfs/California_Playground_Regulations.pdf
Time Frame for Compliance
Playgrounds installed between January 1, 1994, and December 31, 1999,shall conform to the playground-related standards set forth by theAmerican Society for Testing and Materials and the playground-relatedguidelines set forth by the United States Consumer Product SafetyCommission not later than 15 years after the date those playgrounds wereinstalled. After 2014 all public access playgrounds must be in compliancewith;
ASTM F1487-11 Performance Specification for Playground Equipment
ASTM F1292-09 Standard Specification for Impact Attenuation of Surfacing MaterialsWithin the Use Zone of Playground Equipment
ASTM F1951-09 Standard Specification for Determination of Accessibility of SurfaceSystems Under and Around Playground Equipment
The Department of Justice's 2010 Standards for Accessibility
What are the consequences
There are no “Playground Police” that patrol for violators. You must beproactive and police yourself. The Owner /Operator is responsible.
If there is an accident concerning safety, or a complaint regarding non-compliant ADA access, the consequences could be devastating.
In the case of an injury or discrimination there is always the potential forlitigation.
When an incident happens in a non-compliant playground with hazardsor non-compliant access there could be a case for negligence. ($$$$)
If an incident happens in a compliant playground that has a safety planand transition program in place, has shown due diligence and is ADAaccessible, the incident could be deemed an unfortunate accidentwithout placing negligence on the owner/operator.
With ADA infractions or non-compliance the DOJ can assess fines of$55,0000 for the 1st offense and $110,000 for the 2nd offense.
Who is responsible?
The owner/operator of any public access playground.
This includes;
Master Planned Communities * Homeowner Associations
Gate Guarded Communities * Commercial Properties
Day Care Facilities * State Parks * County Parks
Municipal Parks * Sports Parks * Schools * Cities * Churchs
Malls * Restaurants * Fast Food Facilities * Beaches
And any other facility where there is a playground accessible to thepublic.
What can I do to protect myself
Have your playground Audited by a Certified Playground SafetyInspector (CPSI)
Develop and implement a periodic inspection program!
Develop a preventative maintenance program and follow it!
Make repairs when needed and document the repair!
File an accident report on any incident no matter how small!
Provide or strongly encourage adult supervision at all times!
Evaluate ADA concerns within and leading to the playground!
Develop and follow a transition program to address any and all non-compliant issues concerning safety or ADA issues!
Document and retain records of any and all playground related items.
THERE ARE NO SAFE PLAYGROUNDS, ONLY SAFER PLAYGROUNDS!
Risk Verses Hazards
Risk exists in all playgrounds as in life. Risks are taken bychildren when they play on the equipment, this is natural.Playground equipment is designed to challenge children. Totest their physical, mental, emotional and social skills. Theywill reach to far, climb to high, push, shove and get upset. Allthese actions can create risky situations and are to beexpected.
Hazards are preventable and children should never have todeal with hazards. Hazards are caused by neglect, abuse,vandalism, lack of inspection, maintenance and repair.Hazards must be controlled by the owner/operators. Its theirresponsibility to the children and their budget!
Mission Statement:
To perform high quality park and playground servicesat fair and competitive prices. We will work with theowner/operators of public access playgrounds to helpensure children have the safest play environmentpossible. We will maintain the highest level ofprofessionalism, integrity, honesty, reliability andattention to detail in our relationships with clients,professional associates, parents and their children. Ittake a team to protect our children!
The Professional Approach to Park and Playground
Maintenance, Repair, Safety Audits and Inspections
"Play Safe with SafePark"™
Park & Playground Safety Audits
Safety Surface Impact Testing using the Traix 2010
Safety Surface Replay System for Failed Impact Test Use Zones
ADA Compliance Testing
Park & Playground Consulting
Periodic Safety Inspections
Risk Management
Maintenance and Repairs
Plastic Welding
Playground Cleaning and Maintenance Programs
Complete Playground Refurbishing
Rubber Surface Repair & Maintenance
Rubber Surface TopCoat Sealer
Wood Fiber, Loose Fill Rubber & Sand Installation
NPSI Certified Playground Safety Inspectors
Park and Playground Consulting
Professional Witness