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AB 1144 Harman

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Playground Safety

California Playground Safety Regulations Adopted by the State of California effective January 1, 2000 and revised by Assembly Bill 1144 - Harman (copy of the chaptered Legislation) on August 22, 2006 effective on January 1, 2008.  See AB 1144 for details about the revisions.

When must your playground be inspected?

• Playgrounds installed before December 31, 1993 must be inspected by a Certified Playground Safety Inspector before October 1, 2000 and must be modified to comply with the California Playground safety Regulations before January 1, 2003. See Enabling Legislation below.

• Playgrounds installed between January 1, 1994, and December 31, 1999, are exempt from full compliance with the California Playground Safety Regulations until 15 years after the date of installation but must be modified before January 1, 2003 to be at least as protective as the guidelines in the Consumer Product Safety Commission, Handbook for Public Playground Safety, Publication 325-94  .  See Enabling Legislation below. 

• Existing Play areas are not required to be recertified because of AB 1144 unless modifications have been made since the original certification.

• Playgrounds built or modified after January 1, 2008 must be inspected by a Certified Playground Safety Inspector.  See AB 1144 for details.

What playgrounds are required to be inspected?

• Playground open to the public are required to be inspected.  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. 

• 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 are required to comply.

What playgrounds are not  required to be inspected?

• Playgrounds in 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 are not required to be inspected.

• Residential playgrounds are not required to be inspected. Residential play equipment is covered by a separate ASTM Specification (F 1148) and CPSC Outdoor Home Playground Safety Handbook (Publication #324).

What should you know about being the owner/operator of a public Playground?

• Fact Sheet for owner/operators 

Playground Inspection Worksheets   I developed the enclosed inspection worksheets to help me conduct my Playground Safety Inspections (Follow this link to find the worksheets). Many of my clients saw the worksheets and requested that I provide copies of the worksheets along with the summary report so now I provide a complete copy of all worksheets with each of my reports.  

Electronic Fill versions of the worksheets are being prepared in PDF format and will be available for a fee.   There is no set fee or schedule at this time. Check back occasionally or contact me by email if you are interested. 

The California Recreation and Parks Society requested that I allow their members to use the forms so I decided to make my worksheets available to the members of the California Parks and Recreation Society and to anyone else who wishes to use them.  The Worksheets are also available at the California Parks and Recreation Society web page: 

www.cprs.org/training-information.htm  scroll down to Playground Safety Inspector Worksheets.  

The worksheetsd have been updated to comply with ASTM F 1487-07-ae1, the new CPSC  Playground Safety Handbook, Publication #325-08 and the new California Playground Safety Legislation (AB 1144) that became effective on January 1, 2008.

With the passage of AB 1144, California also has Playground Safety Regulations that cover playgrounds for children 6 Months through 23 Months of age.  The new CPSC Handbook #325-08 includes some references to this age group but the most complete coverage is in ASTM F 2337-08.  A separate set of worksheets has been developed and is included for this age group.

These worksheets can help anyone prepare a thorough Playground Safety Inspection even if they are not trained as certified playground safety inspectors,  but please remember, the California Playground Safety Regulations require that all play areas must be inspected and approved by a Certified Playground Safety Inspector before the play area is opened to the public.  Using my forms does not satisfy the requirements of the California Playground Safety Regulations unless they are signed by a Certified Playground Safety Inspector.

These worksheets may not be appropriate for use in states other than California.  It is the responsibility of the user of these worksheets to be familiar with the specific requirements of the state in which they are used.  The States of California, Connecticut, Michigan, New Jersey, New York and Texas have playground safety laws but they do not all recognize both CPSC and ASTM.  In states that do not have playground laws both CPSC and ASTM are normally considered to be the "Standard of Care". 

CPSC and ASTM do not always agree and they do not cover the same subject mater.  CPSC is a user guideline and ASTM is basically a specification for manufacturers that has become the standard of care.  CPSC covers things like supervision and sight lines and ASTM includes information about structural integrity that can only be evaluated in a factory setting.  Where differences occur it is best practice to choose the most protective option.

If you use these worksheets, please send me an email at david@spease.com  to let me know; I would appreciate any feedback.  The use of these worksheets does not guarantee of the accuracy of the inspection.

Related Codes, Guidelines and Regulations

Accessibility Guidelines for Play Areas   Final Rules published by the Access Board on October 18, 2000.  This is a summary of the rules.  The full Final Rules can be downloaded from the Publications Section of the Access Board Link.  The Consumer Product Safety Commission has an on line course and the National Playground Safety Institute teaches a 3 hour course separate from the CPSI course that covers the Accessibility Guidelines for Play Areas. This is an information only course.  No certification is given.  Check with your State Parks Society or Association for course schedules. Once these guidelines are adopted as enforceable standards by the by the Department of Justice, all new and altered play areas covered by ADA will be required to comply.  These guidelines do not apply the playgrounds for 6 month through 23 months old users.

Other publications of interest include the Final Rules for Recreational Facilities and the Pending Rules for Outdoor Developed Areas. National Playground Safety Institute Certified Playground Safety Inspectors are not trained or certified for inspecting Accessibility Requirements.  Some Inspectors may be qualified to advise clients regarding compliance with these rules as an extra service. Operators should be aware of these rules and comply with them.

ADA/ABA Accessibility Guidelines for Buildings and Facilities The access route from the parking lot and or accessible buildings and facilities must comply with the Uniform Federal Accessibility Standards. The link to this site is on the Links Page.  National Playground Safety Institute Certified Playground Safety Inspectors are not trained or certified for inspecting Accessibility Requirements outside of the play area

Enabling legislation for Playground Regulations   California Health and Safety Code Section 115725-115750.  This Code required the Department of Health Services to develop the California Playground Safety Regulations

Playground Sand  Do you know what kind of sand you have in your play area?  The California Safe Drinking Water and Toxic Enforcement act of 1986 (Health and Safety Code Section 25249.5-25249.13) requires the Governor to publish a list of all toxic materials that can cause cancer or reproductive hazards.  In 1998 crystalline silica was added to the list. 

Public Employee Liability Do Public Employee CPSI's have any liability for injuries that take place on playgrounds that they have responsibility for inspecting?  California Governmental Code Section 840-840.6 will answer most of your questions.

Skateboard Parks   California Health and Safety Code Section 115800. National Playground Safety Institute Certified Playground Safety Inspectors are not trained or certified for inspecting Skateboard Parks.  The National Playground Safety Institute Certified Playground Safety Inspectors are not trained or certified for inspecting skateboard facilities and the California Playground Safety Regulations do not cover skateboard facilities. This item is included for information only.

Wood Preservatives  California Health and Safety Code Section 115775  California requires that all play equipment treated with wood preservatives be sealed to prevent contact every two years.  National Playground Safety Institute Certified Playground Safety Inspectors are not trained or certified for inspecting play areas for wood preservatives and the California Playground Safety Regulations do not cover wood preservatives.  This item is included for information only.  If the inspector or operator suspects the use of wood preservatives, that should be brought to the attention of the project owner.

Smoking Near Playgrounds California Health and Safety Code Section 104495.  No smoking is allowed within 25 feet of a playground, tot lot or sand box in California.  There is a fine of $250 per violation.  Smoking near playgrounds is not covered by the California Playground Safety Regulations.  This item is included for information only.