A3612

An Act concerning inclusive playgrounds, amending P.L.1999, c.50, and supplementing P.L.1999, c.152 (C.13:8C-1 et seq.) and chapter 12 of Title 40 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1999, c.50 (C.52:27D-123.10) is amended to read as follows:

2. a. The Department of Community Affairs in consultation with the Department of Education shall promulgate rules and regulations for the design, installation, inspection and maintenance regarding all playgrounds operated by any governmental entity, nonprofit entity or private entity. Those regulations shall meet any standard of care imposed by law on playground operators, and shall be those guidelines and criteria which are contained in the Handbook for Public Playground Safety produced by the United States Consumer Products Safety Commission or any successor. The rules and regulations shall include special provisions for playgrounds appropriate for children within the range of ages in day care settings.

The rules and regulations shall also include provisions for inclusive playgrounds designed with standards that generally exceed those required by the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and result in allowing the inclusion of people with disabilities, including children and adults, to the greatest degree feasible. The rules and regulations shall require park and playground areas that enable every visitor, regardless of medical condition, with the chance to engage in the park and playground experience to the best of the visitor’s ability.

b. Within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and prior to proposing a rule in the New Jersey Register, the Commissioner of Community Affairs shall invite and receive recommendations regarding the adoption of rules and regulations making playgrounds available to persons of all ages and abilities from nonprofit organizations with a demonstrated expertise in the design and construction of inclusive playgrounds or with a demonstrated expertise in the promulgation and implementation of accessibility standards. The rules and regulations shall be proposed within 180 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be adopted within one year of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall address, among other things, the following issues as they relate to inclusive playgrounds:

(1) Parking.

(2) Routes of access to playground and related facilities.

(3) The use of unitary surfacing in all areas of the playground to allow the maximum possible access to the playground for people using wheeled mobility devices.

(4) Restroom facilities, including how to ensure that families with older children or children with large adaptive equipment have a safe place to provide toileting needs for their children.

(5) Shade.

(6) Fencing.

(7) The use of play components that address the physical, sensory, cognitive, social, emotional, imaginative, and communication needs of those who will visit the playground.

(8) Quiet play areas.

(9) Universally accessible sand play and water play.

(10) Ramps and transfer points on playground equipment.

(11) Accessibility of slides and other equipment to children with cochlear ear implants.

The Commissioner of Community Affairs shall adopt said recommendations, unless the commissioner determines the recommendations are inconsistent with the intent and purpose of P.L. , c. (C. ) (pending before the Legislature as this bill), or otherwise unfeasible. A recommendation shall not be considered unfeasible if it is demonstrated that the recommendation may be implemented through the use of commercially available equipment. The rules and regulations shall exceed the standards required under the barrier free subcode, adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217, and the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regulations pursuant to those acts. The rules and regulations relating to inclusive playgrounds shall, at a minimum, require fully accessible playground surfacing, access ramps leading up to and within play structures, so that a minimum of 75 percent of the elevated play elements on all structures are accessible to people using wheeled mobility devices, and play structures designed to facilitate access by adults and children with disabilities.

c. The department shall not be responsible for enforcement of any rules or regulations promulgated by this act, unless the department is otherwise responsible for enforcement pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.).

(cf: P.L.1999, c.50, s.2)

2. (New section) a. As used in this section:

"Commissioner" means the Commissioner of Environmental Protection.

"Constitutionally dedicated moneys" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Green Acres bond act" means: P.L.1961, c.46; P.L.1971, c.165; P.L.1974, c.102; P.L.1978, c.118; P.L.1983, c.354; P.L.1987, c.265; P.L.1989, c.183; P.L.1992, c.88; P.L.1995, c.204; P.L.2007, c.119; P.L., c.117; and any State general obligation bond act that may be approved after the date of enactment of P.L. , c. (pending before the Legislature as this bill) for the purpose of providing funding for the acquisition or development of lands for recreation and conservation purposes or for farmland preservation purposes.

"Green Acres funds" means constitutionally dedicated moneys, Green Acres bond act moneys, or other State moneys appropriated to acquire lands for recreation and conservation purposes.

"Inclusive playground" means a playground open to the public outfitted with a wheelchair accessible play surface and no fewer than three play structures designed in accordance with the rules and regulations adopted pursuant to section 2 of P.L.1999, c.50 (C.52:27D-123.10).

"Recreation and conservation purposes" means the use of lands for beaches, biological or ecological study, boating, camping, fishing, forests, greenways, hunting, natural areas, parks, playgrounds, protecting historic properties, water reserves, watershed protection, wildlife preserves, active sports, or a similar use for either public outdoor recreation or conservation of natural resources, or both.

b. One year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), except as provided for in subsection c. of this section, the commissioner shall deny any application submitted by a county seeking to acquire or develop lands for recreational and conservation purposes using Green Acres funds unless the requesting county has completed or commenced design and construction of at least one inclusive playground prior to the date of the request.

c. One year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner may approve an application submitted by a county without an inclusive playground seeking to acquire or develop lands for recreational and conservation purposes using Green Acres funds provided that the Green Acres funds requested by the county are to be used for the design and construction of an inclusive playground.

d. The board of chosen freeholders of any county or any county park commission may partner with a nonprofit organization, with a demonstrated expertise in the design and construction of inclusive playgrounds, to assist with the design and construction of inclusive playgrounds. Any agreement entered into in accordance with this section shall not be subject to the requirements and provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).

3. (New section) In the event that State funds are made available to counties for the purpose of constructing inclusive playgrounds, every county receiving funding shall be required to construct and maintain at least one inclusive playground designed in accordance with the rules and regulations adopted pursuant to section 2 of P.L.1999, c.50 (C.52:27D-123.10). The board of chosen freeholders of any county or any county park commission may partner with a nonprofit organization, with a demonstrated expertise in the design and construction of inclusive playgrounds, to assist with the design and construction of inclusive playgrounds. Any agreement entered into in accordance with this section shall not be subject to the requirements and provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).

4. This act shall take effect immediately.

STATEMENT

This bill requires the Commissioner of Community Affairs to establish rules and regulations for the design and construction of inclusive playgrounds with standards of accessibility for children and adults with disabilities that generally exceed current standards. This bill also conditions the receipt of State funds to acquire or develop lands for recreational and conservation purposes on the existence of at least one inclusive playground in the county requesting the funds at the time of the request. Finally, the bill requires counties to construct inclusive playgrounds in the event that the Legislature appropriates funding for inclusive playgrounds.

Under this bill, the Department of Community Affairs in consultation with the Department of Education would be required to create rules and regulations for inclusive playgrounds that generally exceed current State and federal standards within 90 days of the effective date of the bill. In adopting rules and regulations for inclusive playgrounds, the commissioner must consult with nonprofit organizations with a demonstrated expertise in the design and construction of inclusive playgrounds. At a minimum, the rules and regulations would require fully accessible playground surfacing, access ramps leading up to and within play structures, and play structures designed to facilitate access by adults and children with disabilities. The bill would require the Commissioner of Community Affairs to propose rules and regulations within 180 days of the effective date of the bill and adopt rules and regulations within one year of the effective date of the bill. The rules and regulations would address various issues related to inclusive playgrounds, including, but not limited to, parking, restroom facilities, fencing, surfacing, and shade areas.

Additionally, the bill requires the Commissioner of Environmental Protection to deny any application submitted by a county seeking Green Acres funds to pay for acquisition or development of lands for recreational and conservation purposes unless the requesting county has built or has plans to build at least one inclusive playground by the date of the request. The commissioner is permitted to award Green Acres funds to a county without an inclusive playground if the requested funds are to be utilized for the creation of an inclusive playground. Furthermore, the bill permits counties to collaborate with nonprofit organizations, with a demonstrated expertise in the design and construction of inclusive playgrounds, to assist with the design and construction of inclusive playgrounds.