N.J. Admin. Code § 5:23-11.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:23-11.4 - Compliance schedule

(a) All governmental and for-profit private entities operating playgrounds shall upgrade their playgrounds by replacement or improvement as necessary to comply with this subcode by October 18, 2004 for surfacing and by October 18, 2007 for all other elements, or, in the case of governmental entities, at such earlier date as State funds are made available for such purpose.

(b) All nonprofit entities operating playgrounds shall upgrade their playgrounds by replacement or improvement as necessary to comply with this subcode by October 18, 2004 for surfacing and by October 18, 2014 for all other elements.

(c) All newly constructed playgrounds built, and all new and replacement equipment installed, by a governmental, nonprofit or private for-profit entity more than six months after October 18, 1999 shall conform to the requirements of this subcode.

(d) All construction or alteration of playgrounds, playground equipment, and surfacing that are subject to the Playground Safety Subcode shall comply with the applicable provisions of the Barrier-Free Subcode (N.J.A.C. 5:23-7).

1. In accordance with N.J.A.C. 5:23-7.19(d) and ICC A117.1, Sections 302 and 303, surfaces of all routes and spaces required to be accessible shall be stable, firm, and slip-resistant. Sand and gravel shall, therefore, not be used as surfacing materials when new equipment is being installed, or a new safety surface is being put in place, and the barrier-free subcode is applicable.

(e) In addition to (c) and (d) above, completely inclusive playgrounds shall include the following:

1. Parking shall be provided in accordance with local municipal law.

i. Street parking installation shall be in conformance with the local municipal ordinance, including the accessible route, which shall include the installation of a curb cut.

ii. Lot and deck parking shall be accessible pursuant to Chapter 11 of the building subcode;

2. Unitary surfacing shall be provided in areas surrounding the playground equipment and on pathways to playground areas that are not connected.

i. Prior to selecting a site for construction of a completely inclusive playground, the applicant shall ensure that local, county, and State laws allow for the use of unitary surfacing in the desired area;

3. Where restroom facilities are provided, at least one facility shall be a family or assisted-use toilet room installed in accordance with Section 1110.2.1 of the building subcode;

4. Shading shall be provided. A minimum of 20 percent of the square footage of unitary surface and equipment of the playground shall be shaded. Priority may be given to areas that have seating or tables.

i. Shading may be provided by natural or man-made means;

5. Fencing shall be provided around the playground.

i. Fencing material may include, but is not limited to, traditional fencing materials or natural barriers, such as hedges;

6. Play components that address the physical, sensory, cognitive, social, emotional, imaginative, and communication needs shall be provided. The applicability of these features shall be determined by the owner of the facility pursuant to the manufacturer's instructions; and

7. Quiet play areas shall be provided.

i. The playground manager shall identify the quiet play areas.

N.J. Admin. Code § 5:23-11.4

Administrative correction.
See: 36 New Jersey Register 170(a).

Amended by 54 N.J.R. 545(b), effective 4/4/2022

Administrative Change, 55 N.J.R. 1875(a), effective 8/9/2023