115725. (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 foster family home, certified family home, small
family home, group home, or family day care home, which is licensed
and 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.
115730. (a) The State Department of Social Services shall convene a
working group to develop recommendations for minimum safety
requirements for playgrounds at child care centers.
(b) The working group shall include, but not be limited to, child
care center operators, including representatives of the Professional
Association for Childhood Education, the California Child Care Health
Program, the Children's Advocacy Institute, the State Department of
Public Health, and certified playground inspectors.
(c) The working group shall use the national guidelines published
by the United States Consumer Product Safety Commission and those
regulations adopted pursuant to this article as a reference in
developing its recommendations. However, the State Department of
Social Services shall determine minimum safety requirements that are
protective of child health on playgrounds at child care centers.
(d) The working group shall submit its playground safety
recommendations to the State Department of Social Services by
September 1, 2001.
(e) The working group shall submit its recommendations to the
Legislature by November 1, 2001.
(f) This section shall be construed as a continuation of former
Section 115736.
115735. This article shall become operative on January 1, 2008.
115725. (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 foster family home, certified family home, small
family home, group home, or family day care home, which is licensed
and 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.
115730. (a) The State Department of Social Services shall convene a
working group to develop recommendations for minimum safety
requirements for playgrounds at child care centers.
(b) The working group shall include, but not be limited to, child
care center operators, including representatives of the Professional
Association for Childhood Education, the California Child Care Health
Program, the Children's Advocacy Institute, the State Department of
Public Health, and certified playground inspectors.
(c) The working group shall use the national guidelines published
by the United States Consumer Product Safety Commission and those
regulations adopted pursuant to this article as a reference in
developing its recommendations. However, the State Department of
Social Services shall determine minimum safety requirements that are
protective of child health on playgrounds at child care centers.
(d) The working group shall submit its playground safety
recommendations to the State Department of Social Services by
September 1, 2001.
(e) The working group shall submit its recommendations to the
Legislature by November 1, 2001.
(f) This section shall be construed as a continuation of former
Section 115736.
115735. This article shall become operative on January 1, 2008.
115725. (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 foster family home, certified family home, small
family home, group home, or family day care home, which is licensed
and 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.
115730. (a) The State Department of Social Services shall convene a
working group to develop recommendations for minimum safety
requirements for playgrounds at child care centers.
(b) The working group shall include, but not be limited to, child
care center operators, including representatives of the Professional
Association for Childhood Education, the California Child Care Health
Program, the Children's Advocacy Institute, the State Department of
Public Health, and certified playground inspectors.
(c) The working group shall use the national guidelines published
by the United States Consumer Product Safety Commission and those
regulations adopted pursuant to this article as a reference in
developing its recommendations. However, the State Department of
Social Services shall determine minimum safety requirements that are
protective of child health on playgrounds at child care centers.
(d) The working group shall submit its playground safety
recommendations to the State Department of Social Services by
September 1, 2001.
(e) The working group shall submit its recommendations to the
Legislature by November 1, 2001.
(f) This section shall be construed as a continuation of former
Section 115736.
115735. This article shall become operative on January 1, 2008.
