(A) Adoption. The township hereby adopts, for the purpose of establishing rules and regulations regarding the inspection and maintenance of all public playgrounds and the establishment of a maintenance and inspection schedule for all public playgrounds, including administration, permits and penalties, the specifications laid out in the Handbook for Public Playground Safety published by the United States Consumer Product Safety Commission or any successor as Section “D” 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 inspection and maintenance of any and all public playgrounds within the township.
(B) Amendments made in Section D of the Playground Code. Section D 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 “
(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 Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, ASTM F-1487-98, or any successor, then the township adopts that specific part of ASTM F-1487-98, or its successor, as it addresses this condition, specification or situation.
(C) Inspection and maintenance schedule. Within one year of the effective date of this chapter, all operators of existing public playgrounds shall submit to the township an inspection and maintenance schedule they have created and adopted for each public playground that they own, operate and/or supervise. This schedule shall conform with all the requirements of Section D of the Playground Code. A submitted schedule must meet the approval of the township. Any schedule not meeting the township’s approval shall be returned to the operator with a written list of reasons why the schedule failed to meet the township’s approval. The operator must resubmit the revised schedule within 30 days of its rejection.
(D) Inspections. Once the township approves a submitted inspection and maintenance schedule, such approval shall be forwarded to the operator in writing. After such approval is received, the operator shall have a Certified Playground Safety Inspector inspect the public playground in accordance with that particular playground’s approved schedule.
(1) The Inspector shall inspect the playground for compliance with this chapter.
(2) The Inspector shall inspect the playground for compliance with the approved schedule.
(3) The Inspector shall inspect the playground for necessary maintenance.
(4) The Inspector shall prepare a written report to the operator based on this inspection. This report shall be filed with the township within 30 days of its issuance by the Inspector.
(5) The operator shall have 30 days in which to perform any and all maintenance upon the playground, as is recommended by the Inspector’s report.
(E) Maintenance. Once an operator has adopted an inspection and maintenance schedule, that operator shall maintain each public playground that they own, operate and/or supervise in accordance with that particular playground’s schedule. All maintenance that involves the installation, repair, reconstruction, replacement, removal or demolition of playground equipment shall be done in compliance with Sections A and C of the Playground Code, as well as all other applicable sections of this chapter. All maintenance that involves the installation, repair, reconstruction, replacement, replenishment, removal or demolition of surfacing materials shall be done in compliance with Section B of the Playground Code, as well as all other applicable sections of this chapter.
(F) Noncompliant equipment. Playground equipment, components and/or structures that the Inspector finds to be not in compliance with this chapter due to misuse, damage, disrepair or lack of maintenance shall be immediately removed or placed off-limits through the posting of warning signs and physical barriers. The operator shall have 60 days to remove, replace or repair such equipment, components and structures in compliance with this chapter. The operator shall have a Certified Playground Safety Inspector inspect the replacement or repair of such equipment, components and structures prior to its initial use. If the equipment, components and/or structures was removed, the operator shall have a Certified Playground Safety Inspector inspect the area of removal prior to that area being reopened. The Inspector shall prepare a written report to the operator based on his or her inspection certifying that the replacement, repair or removal of the equipment, components and/or structures was completed in compliance with the regulations of this chapter. This report shall be filed with the township within 30 days of its issuance by the Inspector.
(G) Exemption for pre-existing playgrounds. Public playgrounds in existence prior to the enactment of this chapter are exempted from meeting the standards set forth in this chapter except for the following.
(1) Operators of pre-existing playgrounds must comply with §§ 90.05(C) and divisions (C) and (D) above.
(2) Operators of pre-existing playgrounds must maintain any and all noncompliant equipment, components, structures and/or protective surfacing so as to not increase their noncompliance with this chapter or the danger they pose to the public.
(3) The design, construction, installation, assembly and placement of new equipment, components, structures or protective surfacing on a preexisting playground or the replacement or upgrading of existing equipment, components, structures or protective surfacing on a preexisting playground must meet all the requirements of this chapter.
(4) Division (F) above and § 90.11 apply to pre-existing playgrounds.
(Ord. 143, passed 1-9-2002) Penalty, see § 90.99