(A) Adoption. The township hereby adopts, for the purpose of establishing rules and regulations for the design, layout, construction, manufacture, alteration, installation, assembly and use of playground equipment, components and/or structures, including administration, building permits and penalties, the specifications laid out in Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, ASTM F-1487-98 as Section “B” of the Township Playground Code, and hereby incorporates such specifications as fully as if set forth at length herein, save and except such portions as are hereinafter deleted, modified or amended. From the date on which this chapter shall take effect, the provisions thereof shall be controlling in the design, construction, assembly and use of playground equipment, components and structures installed and/or assembled upon all public playgrounds within the township.
(B) Amendments made in Section B of the Playground Code. Section B of the Playground Code hereby adopted is amended as follows.
(1) All the recommendations made in the Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, ASTM F-1487-98 shall be considered mandatory requirements under the Playground Safety Code. For the purposes of this chapter, the words “should,” “may,” “can” and the like shall be read as “shall” or “must;” the words “recommend” or “recommendation” shall be read as “require” or “requirement;” the phrase “it is recommended” shall be read as “it is required;” the phrase “it is not recommended” shall be read as “it is prohibited.”
(2) Where the Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, ASTM F-1487-98 provides for alternatives, this chapter requires that the safest alternative, as determined by the Township Playground Inspector, be used.
(3) If the Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, ASTM F-1487-98 fails to address a condition, specification or situation that is addressed by the Handbook for Public Playground Safety or any successor, then the township adopts that specific part of the Handbook for Public Playground Safety, or its successor, as it addresses this condition, specification or situation.
(C) Manufacturer certification. Any and all playground equipment, components and structures installed and/or assembled upon any public playground after the effective date of this chapter must be certified by the manufacturer as compliant with Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, ASTM F-1487-98. If the equipment, components and/or structures were not manufactured, constructed or fabricated by a manufacturer who can provide such certification, then such equipment, components and/or structures shall be inspected by a Certified Playground Safety Inspector prior to its first use. This Inspector shall certify to the operator in writing that the equipment, components, attachments and/or structures, insofar as it can be seen without disassembling it or digging into the surfacing, is in compliance with Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, ASTM F-1487-98. A copy of such manufacturer’s or Inspector’s certification shall be forwarded to the township.
(D) Installation compliance. The installation and assembly of any and all playground equipment, components, attachments and structures upon any public playground after the effective date of this chapter must comply with Section B of the Playground Code. Compliance shall be met by either of the following:
(1) The playground equipment, components and/or structures shall be assembled and installed by or under the direct supervision of an individual who is authorized by the manufacturer to assemble and install such equipment, components and structures. Such authorization shall be provided to the township in writing. After the installation and/or assembly is completed, the manufacturer must certify that the equipment, components and/or structures were installed in compliance with Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, ASTM F-1487-98. A copy of such certification shall be forwarded to the township; or
(2) The installed playground equipment, components and/or structures shall be inspected by a Certified Playground Safety Inspector prior to its first use. This Inspector shall certify to the operator in writing that the equipment, components and/or structures, insofar as it can be seen without disassembling it or digging into the surfacing, was installed in compliance with Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, ASTM F-1487-98. A copy of such certification shall be forwarded to the township.
(Ord. 143, passed 1-9-2002) Penalty, see § 90.99