Bill Text: NJ A2187 | 2018-2019 | Regular Session | Chaptered
Bill Title: Jake's Law; requires DCA to promulgate completely inclusive playground regulations; incentivizes counties to design and construct completely inclusive playgrounds.*
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Passed) 2018-08-23 - Approved P.L.2018, c.104. [A2187 Detail]
Download: New_Jersey-2018-A2187-Chaptered.html
§4 - C.13:8C-27.1
§5 - C.40:12-30
An Act concerning inclusive playgrounds and designated as Jake's Law 1[, amending P.L.1999, c.50, supplementing P.L.1999, c.152 (C.13:8C-1 et seq.), and amending and supplementing chapter 12 of Title 40 of the Revised Statutes] and amending and supplementing various parts of the statutory law 1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.40:12-9 is amended to read as follows:
40:12-9. Any two or more municipalities in any county, 1[or]1 any municipality and the coterminous school district, 1[or]1 any municipality and county, or any municipality and county park commission may jointly acquire property for [and] 1,1 or improve, operate, and maintain 1[,]1 on existing property, any playgrounds, completely inclusive playgrounds, playfields, gymnasiums, public baths, swimming pools, or indoor recreation centers, and may appropriate money therefor. The municipality may pay over to the board of education of the school district 1[such] any1 money as may be so appropriated to be disbursed by the 1[said]1 board of education for any of 1[such] these1 joint purposes. The county or county park commission may pay over to the municipality 1[such] any1 money as may be 1so1 appropriated to be disbursed by the county or county park commission for any 1[such] of these1 joint purposes.
(cf: P.L.1948, c.61, s.1)
1[2. Section 2 of P.L.1999, c.50 (C.52:27D-123.10) is amended to read as follows:
2. a. The Department of Community Affairs in consultation with the Department of Education shall promulgate rules and regulations for the design, installation, inspection and maintenance regarding all playgrounds operated by any governmental entity, nonprofit entity or private entity. Those regulations shall meet any standard of care imposed by law on playground operators, and shall be those guidelines and criteria which are contained in the Handbook for Public Playground Safety produced by the United States Consumer Products Safety Commission or any successor. The rules and regulations shall include special provisions for playgrounds appropriate for children within the range of ages in day care settings. The rules and regulations shall not apply to completely inclusive playgrounds.
b. (1) The Department of Community Affairs, in consultation with the Department of Education, shall promulgate rules and regulations for the design, installation, inspection, and maintenance of completely inclusive playgrounds. Those regulations shall meet any standard of care imposed by law on playground operators, and shall be those guidelines and criteria which are contained in the Handbook for Public Playground Safety produced by the United States Consumer Products Safety Commission or any successor. The rules and regulations shall include special provisions for completely inclusive playgrounds appropriate for children within the range of ages in day care settings. Only playgrounds that meet these rules and regulations shall be deemed completely inclusive playgrounds for the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
The rules and regulations shall also include provisions for completely inclusive playgrounds designed with standards that generally exceed those required by the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and result in the inclusion of people with disabilities, including children and adults.
(2) "The Department of Community Affairs shall promulgate rules and regulations for completely inclusive playgrounds designed with standards that generally exceed those required by the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and result in allowing the inclusion of people with disabilities, including children and adults, to the greatest degree feasible. The rules and regulations for completely inclusive playgrounds shall require park and playground areas that enable every visitor, regardless of medical condition, with the chance to engage in the park and playground experience.
Within 90 days of the effective date of P.L. , c. (C ) (pending before the Legislature as this bill), and prior to proposing a rule in the New Jersey Register, the Commissioner of Community Affairs shall invite and receive recommendations regarding the adoption of rules and regulations making completely inclusive playgrounds available to persons of all ages and abilities from organizations, playground equipment manufacturers, playground safety consultants, and persons with disabilities with a demonstrated expertise in the design and construction of completely inclusive playgrounds or with a demonstrated expertise in the promulgation and implementation of accessibility standards. The rules and regulations shall be proposed within 180 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be adopted within one year of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall address, among other things, the following issues as they relate to completely inclusive playgrounds:
(1) Parking. If only on-street parking is available, the creation of accessible parking, including the installation of a curb cut.
(2) Routes of access to playground and related facilities.
(3) The use of unitary surfacing in all areas of the playground to allow the maximum possible access to the playground for people using wheeled mobility devices.
(4) Restroom facilities. The commissioner may determine which restroom facilities shall be adapted to ensure that families with older children or children with large adaptive equipment have a safe place to provide toileting needs for their children.
(5) Shade, so that a minimum of 20 percent of the square footage of unitary surface and equipment of the playground is shaded by natural or other means.
(6) Fencing.
(7) The use of play components that address the physical, sensory, cognitive, social, emotional, imaginative, and communication needs of those who will visit the playground.
(8) Quiet play areas.
(9) Ramps and transfer points on playground equipment.
The Commissioner of Community Affairs shall adopt said recommendations, unless the commissioner determines the recommendations are inconsistent with the intent and purpose of P.L. , c. (C. ) (pending before the Legislature as this bill), or otherwise unfeasible. A recommendation shall not be considered unfeasible if it is demonstrated that the recommendation may be implemented through the use of commercially available equipment. The rules and regulations shall exceed the standards required under the barrier free subcode, adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217, and the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regulations pursuant to those acts. The rules and regulations relating to inclusive playgrounds shall, at a minimum, require accessible playground surfacing, access ramps leading up to and within play structures, so that a minimum of 50 percent of the elevated play elements on all structures are accessible to people using wheeled mobility devices, and play structures designed to facilitate access by adults and children with disabilities.
A playground that has been completed as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) may qualify as a completely inclusive playground if it includes unitary surfacing and fencing, at least 50 percent elevated play elements or changes in topographical elevations that function as elevated play elements, and otherwise meets the standards required by the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.).
c. The department shall not be responsible for enforcement of any rules or regulations promulgated by this act, unless the department is otherwise responsible for enforcement pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.).
(cf: P.L.1999, c.50, s.2)]1
12. Section 1 of P.L.1999, c.50 (C.52:27D-123.9) is amended to read as follows:
1. For the purposes of [this act] P.L.1999, c.50 (C.52:27D-123.9 et seq.):
"Completely inclusive playground" means a playground designated for public use for children two to five years of age or five to twelve years of age, with an accessible playground surface, a playground surface inspection and maintenance schedule consistent with the standards detailed in the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), and designed in accordance with the rules and regulations adopted pursuant to subsection b. of section 2 of P.L.1999, c.50 (C.52:27D-123.10).
"Governmental Entity" means the State, its agencies and instrumentalities, a county or municipality, or any agency or instrumentality thereof, a school district, or any other similar public entity or agency, but not the federal government or its agencies and instrumentalities.
"Nonprofit entity" means a person or entity which operates a playground open to the public or open to users of a facility operated by the person or entity, and which is an exempt organization pursuant to section 9 of P.L.1966, c.30 (C.54:32B-9), the "Sales and Use Tax Act," but not a governmental entity or the federal government or its agencies and instrumentalities.
"Private entity" means any person or entity which operates a playground open to the public or open to users of a facility operated by the person or entity, but not a governmental entity, a nonprofit entity or the federal government or its agencies and instrumentalities.
"Playground" means an improved area designed, equipped, and set aside for play of six or more children which is not intended for use as an athletic playing field or athletic court, and shall include any play equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures.
"Supervision" means all general and specific supervision necessary to protect children from unreasonable risk of harm from site hazards, the acts of other children, or the use of the playground in a way that was not intended by the designer or manager of the playground. [This act] P.L.1999, c.50 (C.52:27D-123.9 et seq.) shall not expand or reduce existing standards of care to which a playground operator is held.1
(cf: P.L.1999, c.50, s.1)
13. Section 2 of P.L.1999, c.50 (C.52:27D-123.10) is amended to read as follows:
2. a. The Department of Community Affairs, in consultation with the Department of Education, shall promulgate rules and regulations for the design, installation, inspection, and maintenance regarding all playgrounds operated by any governmental entity, nonprofit entity, or private entity. [Those] The regulations shall [meet any standard of care imposed by law on playground operators, and shall be those] conform to the guidelines and criteria [which are contained] specified in the Handbook for Public Playground Safety produced by the United States Consumer Products Safety Commission or any successor and shall also meet any standard of care imposed by law on playground operators. The rules and regulations shall include special provisions for playgrounds appropriate for children within the range of ages in day care settings. The rules and regulations promulgated pursuant to this subsection shall not apply to completely inclusive playgrounds.
b. (1) The Department of Community Affairs, in consultation with the Department of Education, shall promulgate rules and regulations for the design, installation, inspection, and maintenance of completely inclusive playgrounds. Only playgrounds that meet the requirements of the rules and regulations promulgated pursuant to this subsection shall be deemed completely inclusive playgrounds for the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The rules and regulations shall:
(a) conform to the guidelines and criteria which are contained in the Handbook for Public Playground Safety produced by the United States Consumer Products Safety Commission or any successor, and meet any standard of care imposed by law on playground operators;
(b) include special provisions for completely inclusive playgrounds appropriate for children within the range of ages in day care settings;
(c) meet the standards of the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), result in the inclusion of people with disabilities, including children and adults, and require that park and playground areas enable every visitor, regardless of medical condition, to engage in the park and playground experience;
(d) meet the standards required under the barrier free subcode, adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.); and
(e) at a minimum, require accessible playground surfacing, access ramps leading up to and within play structures so that a minimum of 50 percent of the elevated play elements on all structures are accessible to people using wheeled mobility devices, and play structures designed to facilitate access by adults and children with disabilities.
(2) The rules and regulations promulgated pursuant to this subsection shall also include, but shall not be limited to, the following:
(a) the creation of accessible parking, including the installation of a curb cut, if only on-street parking is available;
(b) the creation of routes of access to playground and related facilities;
(c) the use of unitary surfacing in all areas of the playground to allow the maximum possible access to the playground for people using wheeled mobility devices;
(d) a process for determining which restroom facilities shall be adapted to ensure that families with older children or children with large adaptive equipment have a safe place to provide toileting needs for their children;
(e) shade requirements, which shall provide that a minimum of 20 percent of the square footage of unitary surface and equipment of the playground is shaded by natural or other means;
(f) fencing requirements;
(g) the use of play components that address the physical, sensory, cognitive, social, emotional, imaginative, and communication needs of those who will visit the playground;
(h) the creation of quiet play areas; and
(i) the creation of ramps and transfer points on playground equipment.
(3) A playground that has been completed as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) may qualify as a completely inclusive playground if it includes unitary surfacing and fencing, at least 50 percent elevated play elements or changes in topographical elevations that function as elevated play elements, and otherwise meets the standards required by the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.).
(4) Within 90 days of the effective date of P.L. , c. (C ) (pending before the Legislature as this bill), and prior to proposing a rule in the New Jersey Register, the Commissioner of Community Affairs shall invite and receive recommendations regarding the adoption of rules and regulations making completely inclusive playgrounds available to persons of all ages and abilities from organizations, playground equipment manufacturers, playground safety consultants, and persons with disabilities with a demonstrated expertise in the design and construction of completely inclusive playgrounds or with a demonstrated expertise in the implementation of accessibility standards. The commissioner shall adopt the recommendations, unless the commissioner determines the recommendations are inconsistent with the intent and purpose of P.L. , c. (C. ) (pending before the Legislature as this bill), or are otherwise unfeasible. A recommendation shall not be considered unfeasible if it is demonstrated that the recommendation may be implemented through the use of commercially available equipment. The rules and regulations required by this subsection shall be proposed within 180 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall be adopted within one year of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. The department shall not be responsible for enforcement of any rules or regulations promulgated by [this act] P.L.1999, c.50 (C.52:27D-123.9 et seq.), unless the department is otherwise responsible for enforcement pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.).1
(cf: P.L.1999, c.50, s.2)
1[3.] 4.1 (New section) a. As used in this section:
"Commissioner" means the Commissioner of Environmental Protection.
1"Completely inclusive playground" means a playground designated for public use for children two to five years of age or five to twelve years of age, with an accessible playground surface, a playground surface inspection and maintenance schedule consistent with the standards detailed in the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), and designed in accordance with the rules and regulations adopted pursuant to subsection b. of section 2 of P.L.1999, c.50 (C.52:27D-123.10).1
"Constitutionally dedicated moneys" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).
"Green Acres bond act" means: P.L.1961, c.46; P.L.1971, c.165; P.L.1974, c.102; P.L.1978, c.118; P.L.1983, c.354; P.L.1987, c.265; P.L.1989, c.183; P.L.1992, c.88; P.L.1995, c.204; P.L.2007, c.119; P.L.2009, c.117; and any State general obligation bond act that may be approved after the date of enactment of P.L. , c. (pending before the Legislature as this bill) for the purpose of providing funding for the acquisition or development of lands for recreation and conservation purposes or for farmland preservation purposes.
"Green Acres funds" means constitutionally dedicated moneys, Green Acres bond act moneys, or other State moneys appropriated to acquire lands for recreation and conservation purposes.
1["Completely inclusive playground" means a playground designated for public use for children two to five years of age or five to twelve years of age, with an accessible playground surface, a playground surface inspection and maintenance schedule consistent with the standards detailed in the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), and designed in accordance with the rules and regulations adopted pursuant to section 2 of P.L.1999, c.50 (C.52:27D-123.10).]1
"Recreation and conservation purposes" means the use of lands for beaches, biological or ecological study, boating, camping, fishing, forests, greenways, hunting, natural areas, parks, playgrounds, protecting historic properties, water reserves, watershed protection, wildlife preserves, active sports, or a similar use for either public outdoor recreation or conservation of natural resources, or both.
b. 1[One] Commencing one1 year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner shall prioritize any application submitted by a county seeking to acquire or develop lands for recreational and conservation purposes using Green Acres funds, provided that the Green Acres funds requested by the county are to be used for the design and construction of a completely inclusive playground 1[pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill)]1. The commissioner shall grant further prioritization to the applications submitted by counties that do not currently operate and maintain 1[an] a completely1 inclusive playground, 1[in an effort]1 to ensure at least one 1completely1 inclusive playground is operated and maintained by each county.
c. The board of chosen freeholders of any county or any county park commission may partner with 1[a]1 nonprofit 1[organization]1 organizations, playground equipment manufacturers, playground safety consultants, and persons with disabilities 1[,]1 with a demonstrated expertise in the design and construction of 1completely1 inclusive playgrounds, to assist with the design and construction of completely inclusive playgrounds. Any agreement entered into in accordance with this section shall not be subject to the requirements and provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
d. 1[The] If the1 board of chosen freeholders of any county or any county park commission 1[may]1 jointly 1[enter] enters1 into an agreement 1with a municipality1 pursuant to 1[section 1 of P.L.1948, c.61 (]1 R.S.40:12-9 1[)]1 for the construction and maintenance of a completely inclusive playground 1[. For] , for1 purposes of the prioritization of an application submitted by a county pursuant to subsection b. of 1this1 section 1[3 of P.L. , c (C. ) (pending before the Legislature as this bill)]1, a completely inclusive playground constructed and maintained pursuant to such an agreement shall be operated and maintained by the county in which it is located.
1[4.] 5.1 (New section) In the event that State funds are made available to counties for the purpose of constructing 1completely1 inclusive playgrounds, 1as defined in section 1 of P.L.1999, c.50 (C.52:27D-123.9),1 every county receiving funding shall be required to construct and maintain at least one 1completely1 inclusive playground designed in accordance with the rules and regulations adopted pursuant to 1subsection b. of1 section 2 of P.L.1999, c.50 (C.52:27D-123.10). The board of chosen freeholders of any county or any county park commission may partner with organizations, playground equipment manufacturers, playground safety consultants, and persons with disabilities, with a demonstrated expertise in the design and construction of 1completely1 inclusive playgrounds, to assist with the design and construction of 1completely1 inclusive playgrounds. Any agreement entered into in accordance with this section shall not be subject to the requirements and provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
1[5.] 6.1 This act shall take effect immediately.
Jake's Law; requires DCA to promulgate completely inclusive playground regulations; incentivizes counties to design and construct completely inclusive playgrounds.
