(A) Adoption. The township hereby adopts, for the purpose of establishing rules and regulations for the construction, alteration, design, layout, installation and use of protective surfacing upon public playgrounds, including administration, building permits and penalties, the specifications laid out in Handbook for Public Playground Safety published by the United States Consumer Product Safety Commission or any successor as Section “C” 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, installation, use and maintenance of any protective surfacing used upon any and all public playgrounds within the township.
(B) Amendments made in Section C of the Playground Code. Section C of the Playground Code hereby adopted is amended as follows.
(1) All the recommendations made in the Handbook for Public Playground Safety 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 Handbook for Public Playground Safety provides for alternatives, this chapter requires that the safest alternative, as determined by the Township Playground Inspector, be used.
(3) If the Handbook for Public Playground Safety fails to address a condition, specification or situation that is addressed by the ASTM standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment, ASTM F-1292, or any successor, then the township adopts that specific part of ASTM F-1292, or its successor, as it addresses this condition, specification or situation.
(Ord. 143, passed 1-9-2002) Penalty, see § 90.99