SENATE, No. 1841

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 10, 1997

 

 

By Senator SINAGRA

 

 

An Act concerning playground safety and supplementing the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.).

 

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

    

    1. For the purposes of this act:

    "Governmental Entity" means the State, its agencies and instrumentalities, a county or municipality, or any agency or instrumentality thereof, a school district, or any other similar public entity or agency, but not the federal government or its agencies and instrumentalities.

    "Nonprofit entity" means a person or entity which operates a playground open to the public or open to users of a facility operated by the person or entity, and which is an exempt organization pursuant to section 9 of P.L.1966, c.30(C.54:32B-9), the "Sales and Use Tax Act," but not a governmental entity or the federal government or its agencies and instrumentalities.

    "Private entity" means any person or entity which operates a playground open to the public or open to users of a facility operated by the person or entity, but not a governmental entity, a nonprofit entity or the federal government or its agencies and instrumentalities.

    "Playground" means an improved area designed, equipped, and set aside for play of six or more children which is not intended for use as an athletic playing field or athletic court, and shall include any play equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures.

    "Supervision" means all general and specific supervision necessary to protect children from unreasonable risk of harm from site hazards, the acts of other children, or the use of the playground in a way that was not intended by the designer or manager of the playground. This act shall not expand or reduce existing standards of care to which a playground operator is held.


    2. The Department of Community Affairs in consultation with the Department of Education shall promulgate rules and regulations for the design, installation, inspection, maintenance, supervision where appropriate, and training of personnel 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 include guidelines and criteria which shall be as protective as the guidelines 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 department shall not be responsible for enforcement of any rules or regulations promulgated by this act.

 

    3. a. All governmental entities operating playgrounds shall upgrade their playgrounds by replacement or improvement as necessary to satisfy the rules and regulations promulgated pursuant to this act to the extent State funds are made available specifically for that purpose through State bonds or other means, or within five years for surfacing and 10 years for all other elements whichever comes first, after the effective date of P.L. , c. (C. ) (pending before the Legislature as this act). All private entities shall upgrade their playgrounds by replacement or improvement as necessary to satisfy the rules and regulations promulgated pursuant to this act, on or before January 1, 2000. All nonprofit entities shall upgrade the surfacing of their playgrounds by replacement or improvement as necessary to satisfy the rules and regulations promulgated pursuant to this act, on or before January 1, 2000, and shall upgrade all other elements of their playgrounds to satisfy the rules and regulations promulgated pursuant to this act, no later than January 1, 2010, but shall upgrade playground equipment prior to that date if the equipment is replaced or reconstructed. This section shall not affect the liability or absence of liability of playground operators.

    b. All newly constructed playgrounds built by a governmental entity, a nonprofit entity, or a private entity more than six months after the effective date of the rules and regulations promulgated pursuant to this act shall conform to the requirements of those rules and regulations.

 

    4. a. After the effective date of the rules and regulations promulgated pursuant to this act, 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 applicable rules and regulations promulgated pursuant to this act. However, if State funds have been appropriated to, or allocated for, a playground project prior to the effective date of the regulations but the regulations become effective prior to the completion of the project, that funding shall be maintained, as long as the playground is altered to conform to the rules and regulations to the extent the alterations can be made without adding more than 15% to the project cost.

    b. After the date by which an entity is required to conform its playground to satisfy the rules and regulations promulgated pursuant to this act, no State funding shall be available for the construction, operation, maintenance, or supervision of the playground unless the playground conforms to the applicable regulations adopted pursuant to this act.

 

    5. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would require the Department of Community Affairs, in consultation with the Department of Education, to promulgate rules and regulations regarding public playground safety. The regulations are to be based upon the guidelines in the Handbook for Public Playground Safety produced by the United States Consumer Products Safety Commission. These guidelines are patterned upon recommendations of the COMSIS Corporation in "Development of Human Factors Criteria for Playground Equipment Safety," and are geared to the different needs of children from preschool age to 12 years old. Their purpose is to promote greater safety awareness among those who purchase, install, and maintain public playground equipment.

    The guidelines would apply to any playground operated by a public agency, nonprofit entity, or private entity, as defined under the bill, if the playground were open to the public or to users of facilities operated by the entity.

    The regulations would apply to all playgrounds newly constructed by a public agency or private entity more than six months after the guidelines were promulgated.

    Governmental entities would be required to upgrade existing playgrounds to meet the guidelines as State funds are made available for that purpose or within five years for surfacing and 10 years for all other elements, whichever comes first, after the bill's effective date. Nonprofit entities would be required to conform existing playgrounds with the standards for surfacing to be provided in regulations promulgated under the bill by January 1, 2000, and would be required to conform existing playgrounds with other elements of the promulgated playground standards by January 1, 2010, unless the playground equipment were replaced or reconstructed prior to that date. Private entities which operate playgrounds would be required to conform all playground elements by January 1, 2000.

    The bill specifies that playgrounds governed by the legislation are those designed, equipped, and set aside for play by six or more children.

    The bill would not require the Department of Community Affairs to enforce the regulations. In addition, the bill specifically provides that the guidelines would not affect the liability or absence of liability of playground operators. Rather, the bill provides that State funding for the planning, development or redevelopment of a playground, or for the operation, maintenance, and supervision of a playground, would be withheld unless the playground conforms to the guidelines.

 

 

 

Supplements the "State Uniform Construction Code Act."