Backyard Playground or Public Playground? A back yard playground is any playground in the private yard of a private residence. All other playgrounds are "public" playgrounds. Here is the verbatum definition of a "public" playground by the State of California: " public agencies playgrounds, including a state agency, city, county, city and county, school,
district, and any other district, as well as any entity operating a playground which is open to the public, including (but not limited to) a church, subdivision(HOAs), hotel, motel, resort, camp, office, hospital, shopping
center, day care setting, and restaurant.
But My Playground Is On Private Property And Not Open To Everyone. My Playground Is Only Open To Enrollees, Members or Guests. A playground in the yard of a private residence is a backyard playground. All others are "public" playgrounds.
Still Not Convinced? Look at This Website http://www.jurispro.com/category/playground-safety-s-108/CA/
OK, So I Operate A Public Playground. What Do I Need To Know? The State of California enacted AB 1055, also known as the "Playground Safety Act." This law adopted the guidelines set forth by the Consumer Product Safety Commision's Handbook to Public Playground Safety. AB1055 requires all public playground operators to have their playgrounds inspected by a Certified Playground Safety Inspector (CPSI) by October 1 2000 and compliance upgrades be made by January 1 2003.
This Is The First I've Heard Of The Playground Safet Act. If you have not yet heard of the Playground Safety Act, take comfort in the fact that you are learning about AB1055 on this forum rather than from an attorney knocking on your door. If a child is injured on your non-conforming playground you will loose big. The law is clear and ignorance of the law is no defense. This is a slam dunk case for any attorney.
Now You Have Me Concerned. What Else Should I Know? We see many non-conforming playgrounds everyday. When we try to inform the playground operator about the Playground Safety Act, some perfer to stick their heads in playground sand. Commonly, we see playgrounds at churches and community daycare centers that were built by a handyman. And all handymen know that "pressure treated" lumber is best for outdoor applications and was widely available unitl mid-2004. However, "pressure treated" lumber contains arsenic, chromium and copper which are hazardous materials known to increase a person's risk of developing lung or bladder cancer. And we all know how young childern love to chew on things and they routinely put their hands to their mouths. Click here to see Chromated Copper Arsenate (CCA) fact sheet.
What Is A Fall Surface? A very big part of the CPSC Guildelines to Playground Safety have to do with "fall surfaces" surrounding play equipment. The guildelines require at least 12 inches of sand, wood chips, rubber chips or rubber matting. We routinely see playgrounds with no fall surface at all. If a child were injured on a "public" playground with an insufficient fall surface, there's another slam dunk law suit.
We Have A Wooden Playset We Bought At Costco. Is That OK? We've installed hundreds of Rainbow SunRay playsets for use in private backyards all over Southern California. They are high quality and an excellent value. Unfortunately, we routinely see these Rainbow SunRay playsets installed in "public" playground settings. However, THEY DO NOT COMPLY WITH THE CPSC GUILDLINES FOR PUBLIC PLAYGROUNDS OR THE CALIFORNIA PLAYGROUND SAFETY ACT. Another slam-dunk for any attorney.
What About The ADA? Does It Apply To Playgrounds? Yes. The ADA applies to playgrounds and the requirements are rather complex. However, there is an online tutoral. The tutoral is exhastive and a bit time consuming but click here to take a look. ADA requirements can easily be met with minimal or no additional cost when planning a new playground.
But I've Been Inspected And Licenced By The State. Why DIdn't They Say Something To Me? The short answer is that most all State inspectors are unaware of the Playground Safety Act AB1055. So they continue to issue licenses to facilities with non-complient playgrounds. However, during the month of May 2007 we spoke to a daycare provider ready to open two large facilities in the LA area. They had errected Rainbow SunRay backyard playsets at both locations. The State Inpector arrived and was knowledgable about AB1055. The inspector withheld licensure.
Shouldn't My Insurance Company Have Told Me About AB1055? Again, most all insurance agents and brokers are unaware of AB1055.
How Can I Find A Certified Playground Safety Inspector? Call us we can help. We will refer you to a CPSI in your area. We have made no finanical arrangements with these inspectors so you will receive a non-biased evaluation. We do ask that you consider us for your playground building needs. We are bonded, licensed, insured and experienced. We pride ourselves on being highly ethical.
We've all heard home remodeling contractor horror stories, and there are some bad apples in the playground contracting business as well. Don't be a victim. Always verify the license and bond status before hiring a contractor. See our About Us page to verify our license and bond status with the State of California.
Where Are You Located? We are based out of Whittier, Ca. a suburb of Los Angeles. However, we proudly serve the entire States of California, Nevada and Arizona.
More Resources
CPSC Guildelines For Public Playground Safety
California Playground Safety Regulations-State Of California Website
Chromated Copper Arsenate (CCA) In Pressure-Treated Lumber
AB 1055 California's Playground Safety Act
University of San Diego School of Law-Playground Safety Act Answer Sheet
ADA Accessibility Guidelines (ADAAG) for Play Areas
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