Frequently Asked Questions about California's Playground Safety Regulations
Q: How Did Chapter 712 (AB 1055, Villaraigosa, Statutes of 1999) affect The regulations?
The law has a number of important provisions. For details, you may download a copy of the law from any State Legislative website or the CPRS website cited below. Chapter 712 is the basis for the requirement that an initial inspection to take place by October 1, 2000. It extends the compliance date for private operators to make repairs to January 1, 2003. It "grandfathers in" playgrounds installed between January 1, 1994 and December 31, 1999, for fifteen years, if they are upgraded to be as protective as the November 1994 CPSC Guidelines. These entities are still required to get an initial inspection now.
The law also exempts "Family Day Care" providers licensed by the Department of Social Services. Note: "Day Care" providers must still comply with the current Playground Safety Regulations. The following definitions should help operators to differentiate between the two licensing categories:
"Child Care Center" or "Day Care Center" or "center" (Title 22, Div. 12, Chapter 1, Section 101152) means any child care facility of any capacity, other than a family child care home as defined in Section 102352f.(1), in which less than 24-hour per day nonmedical care and supervision are provided to children in a group setting. The term "Child Care Center" supersedes the term "Day Care Center" as used in previous regulations.
"Family Day Care" or "Family Child Care" (Title 2, Div. 12, Chapter 3, Section 102352) means regularly provided care, protection and supervision of children, in the care giver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away. The term "Family Child Care" supercedes the term "Family Day Care" as used in previous regulations.
(A) "Small Family Child Care Home" means a home that provides family child care for up to six children, or for up to six children, or for up to eight children if the criteria in Section 102416.5(b) are met. These capacities include children under age 10 who live in the licensee's home. For a small family child care home, the maximum number of children for whom care shall be provided, including children under age 10 who live in the licensee's home, shall be one of the following:
(1) Four infants; or
(2) Six children, no more than three of whom may be infants; or
A small family day care home may provide care for more than six and up to eight children, without an additional adult attendant, if all of the following conditions are met:
(A) At least two of the children are at least six years of age.
(B) No more than two infants are cared for during any time when more than six children are care for.
(C) The licensee notifies each parent that the facility is caring for two additional schoolage children and that there may be up to seven or eight children in the home at one time.
(D) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
(B) "Large Family Child Care Home" means a home that provides family child care for up to 12 children, or for up to 14 children if the criteria in Section 102416.5(c) are met. These capacities include children under age 10 who live in the licensee's home and the assistant provider's children under age 10. The maximum number of children for whom care shall be provided shall be either:
(1) Twelve children, no more than four of whom may be infants; or
(2) Health and Safety Code Section 1597.465 states: A large family day care home may provide care for more than 12 children and up to and including 14 children, if all of the following conditions are met:
(A) At least two of the children are at least six years of age.
(B) No more than three infants are cared for during any time when more than 12 children are being cared for.
(C) The licensee notifies a parent that the facility is caring for two additional schoolage children and that there may be up to 13 or 14 children in the home at one time.
(D) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
Q: How did Chapter 550 (SB 1619, Alpert, Statutes of 1999) affect the regulations?
This new law does not affect the regulations at this time. It calls for a working group to be convened by the California Department of Social Services to develop recommendations for playground safety standards in day care settings. The recommendations are to be submitted to the State Legislature by November 1, 2001. This is anticipated as the first step in promulgating regulations more specific to the needs of day care providers. In the meantime, day care providers must comply with the current regulations.
Q: Playgrounds must be inspected before October 1, 2000 by a Certified Playground Safety Inspector, but who is responsible for enforcing this?
No state agency was given any new authority to enforce these regulations. In some cases, agencies that already have some form of "control" over specific playgrounds (e.g., schools, businesses, etc.) will probably come under pressure from their insurers to be diligent about compliance.
Q: How do I find A Certified Playground Safety Inspector (CPSI)?
For Certified Playground Safety Inspectors in your area, call the California Park and Recreation Society (CPRS) at (916) 665-2777 or on the web: http://www.cprs.org. You may also want to contact your insurance carrier to see if they have their own CPSIs.
Q: Who is responsible for ensuring that playground inspectors are qualified?
The employer of the inspector should be satisfied that the inspector is qualified.
Q: What qualifies someone as an inspector?
Our regulations define "qualified" as being certified by a national nonprofit called The National Playground Safety Institute (NPSI). NPSI maintains a National Certified Playground Safety Inspector (CPSI) registry, showing all those who have passed their qualification exam and become certified. The California Parks and Recreation Society (CPRS) maintains a list for California on their website - click on "What's New" or on "Playground Regulations.
Q: What does an inspector look for when inspecting playground equipment?
Lots of things, including proper surfacing under each structure, proper spacing and distance from other structures and objects, proper safety certification of the equipment, proper maintenance and stability, accessibility, etc. There are sample checklists included in the NPSI course that CPSIs usually adapt to based on local playground conditions.
Q: How can I become trained as a Certified Playground Safety Inspector?
At this time, the certification can only be obtained from the National Recreation and Park Association's National Playground Safety Institute program. The three-day course costs approximately $350 (non CPRS/NPRA members). The examination fee is $100. The course is usually held twice a year. For dates and registration information, see the California Park and Recreation Society website: http://www.cprs.org.
Q: Where do I get information about the Playground Safety and Recycled Materials Act (AB 1055) Grants Program to help fund playground repairs?
The California Integrated Waste Management Board (CIWMB) is conducting a grants program to assist local agencies to upgrade their playgrounds. Potential applicants are requested to fax their name and address to the Board to be added to the playground grants mailing list; fax (916) 255-3871. For more information, the Board also has a Grants Hot Line: (916) 255-2577 or you may utilize the website: http://www.ciwmb.ca.gov
Q: Where can I get additional information on playground safety?
The National Program for Playground Safety, University of Northern Iowa, offers a broad range of educational materials and publications (e.g., inspection checklists). The Program also provides interactive child-eye-view surveys, media kids, etc., to help communities support National Playground Safety Month (every April). For details, call 1-800-554-PLAY or on the web at http://www.uni.edu/playground.
Q: Where do I get information on disability access issues as they relate to playgrounds?
The ADA Guidelines are now available on the Access Board's Website at http://www.access-board.gov.