STATEMENTS OF POLICY
DEPARTMENT OF PUBLIC WELFARE
[ 55 PA. CODE CHS. 3270, 3280 AND 3290 ]
Playground Protective Surface Covering
[39 Pa.B. 2347]
[Saturday, May 9, 2009]Scope
This statement of policy applies to the following:
1) Child day care centers.
2) Group child day care homes.
3) Family child care homes.
Purpose
The purpose of this statement of policy is to provide clarification regarding how the Department of Public Welfare (Department) will apply the recommendations of the United States Consumer Product Safety Commission (CPSC) regarding playground protective surface covering when inspecting child care facilities.
Background
The child care facility regulations in §§ 3270.102(c), 3280.102(c) and 3290.102(c) (relating to condition of play equipment) state that outdoor equipment that requires embedded mounting must be mounted over a loose-fill or unitary playground protective surface covering that meets the recommendations of the CPSC. The regulations in §§ 3270.102(c), 3280.102(c) and 3290.102(c) require compliance with the CPSC recommendations regarding the need for protective surfacing to afford a minimum level of protection based on the fall height of the equipment. ''Fall height'' is the vertical distance between the highest designated play surface on a piece of equipment and the protective surfacing beneath it.
The CPSC publishes recommendations for playground safety that encompass a wide range of topics including playground protective surfacing. Child care facility operators have asked for clarification regarding the CPSC recommendations that are referenced in the regulatory requirement.
Discussion
The Department's regulations in §§ 3270.102(c), 3280.102(c) and 3290.102(c) require that facilities comply with the CPSC recommendations for playground protective surfacing under outdoor equipment that requires embedded mounting. The protective surfacing must afford protection to a child who falls from the highest designated play surface on a piece of equipment to the protective surfacing below. The CPSC provides information regarding the depth and type of loose-fill materials that afford protection from specific fall heights. In addition, the CPSC provides information regarding determining the amount of protection afforded by a unitary protective surface covering.
Child care facility operators shall comply with the CPSC recommendations for playground protective surfacing. Facility operators may choose to comply with other CSPC playground recommendations that go beyond the scope of the regulatory requirement relating to playground protective surfacing. The Department will only measure compliance with and offer technical assistance in meeting the CPSC recommendations for playground protective surfacing.
The CPSC recommendations differentiate between commercial child care facilities, that is those child care facilities not operated in residences, and residential child care facilities. Based on these distinctions, the Department will apply the CPSC recommendations based on the facility types identified by the CPSC as described in the following.
A. Child Care Center or Group Child Care Home Not Located in a Residence
The CPSC recommendations applicable to a child care center or a group child care home not located in a residence are found in the Public Playground Safety Handbook, Publication 325. This publication is intended for use by commercial (nonresidential) child care facilities and is available on the Internet at http://www.cpsc.gov/cpscpub/pubs/325.pdf or by calling the CPSC at (800) 638-2772.
The Department will apply the protective surfacing recommendations in Publication 325 to a child care center and to a group child care home not located in a residence as follows:
* Unitary Playground Protective Surface Covering--See 2.4.2.1 Unitary surfacing materials, page 9. The facility operator shall have available test data from the manufacturer that warrants the material as safe and shock absorbing for a fall from the highest accessible point on the outdoor play equipment according to test data obtained consistent with ASTM F1292 test data from the manufacturer identifying the critical height rating of the desired surface, that is, the fall height below which a life-threatening head injury would not be expected to occur. The fall height of the equipment over the unitary protective surfacing may not exceed the critical height rating of the surface.
* Loose-fill Surfacing Materials--See Table 2. Minimum compressed loose-fill surfacing depths, page 10. Refer to Table 2 which gives the minimum required depth of compressed loose-fill material based on material type and fall height. Note that this is the depth of the material when it is compressed due to use and after the surface has been used and exposed to the weather.
B. Family Child Care Home and Group Child Care Home Located in a Residence
The CPSC recommendations applicable to a family child care home or a group child care home located in a residence are found in the Outdoor Home Playground Safety Handbook, Publication 324. This publication is intended for use by homes and residential child care facilities and is available at http://www.cpsc.gov/cpscpub/pubs/324.pdf or by calling the CPSC at (800) 638-2772.
The Department will apply the protective surfacing recommendations in Publication 324 to a family child care home and a group child care home located in a residence as follows:
* Unitary Playground Protective Surface Covering--See Poured in-Place Surfaces or Pre-Manufactured Rubber Tiles, page 6. The facility operator shall have available test data from the manufacturer that shows the surfacing was tested per ASTM F1292 test standards. The test data should show the specific height for which the surface is intended to protect against serious head injury. This height must be equal to or greater than the fall height to the protective surfacing below. The fall height of the equipment over the unitary protective surfacing may not exceed the critical height rating of the surface.
* Loose-Fill Surfacing Materials--See Loose-Fill Materials, page 5. Refer to the CPSC recommendations for loose-fill materials which give the minimum required depth of compressed loose-fill material based on material type and fall height. Note that this is the depth of the material when it is compressed due to use and after the surface has been used and exposed to the weather.
Regulation Interpretation
The regulation interpretations are contained in Annex A.
Effective Date
This statement of policy is effective immediately upon publication in the Pennsylvania Bulletin.
Contact Person
Tamula Ferguson, Division of Regulatory Administration, Bureau of Certification Services, Office of Child Development and Early Learning, (717) 346-9320.
ESTELLE B. RICHMAN,
Secretary
(Editor's Note: Title 55 of the Pennsylvania Code is amended by adding statements of policy in §§ 3270.102b, 3280.102b and 3290.102b to read as set forth in Annex A.)
Fiscal Note: 14-082. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 55. PUBLIC WELFARE
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart D. NONRESIDENTIAL AGENCIES, FACILITIES AND SERVICES
ARTICLE I. LICENSING/APPROVAL
CHAPTER 3270. CHILD DAY CARE CENTERS
EQUIPMENT § 3270.102b. Playground protective surface covering--statement of policy.
The requirement for playground protective surface covering in § 3270.102(c) (relating to condition of play equipment) means that the protective surfacing material must be safe and shock absorbing for a fall from the highest designated play surface on a piece of equipment as specified in the United States Consumer Public Safety Commission's Public Playground Safety Handbook, Publication 325. This publication is available on the Internet at http://www.cpsc.gov/cpscpub/pubs/325.pdf or by calling the Consumer Public Safety Commission at (800) 638-2772.
CHAPTER 3280. GROUP CHILD DAY CARE HOMES
EQUIPMENT § 3280.102b. Playground protective surface covering--statement of policy.
(a) For a group child day care home that is not located in a residence, the requirement for playground protective surface covering in § 3280.102(c) (relating to condition of play equipment) means that the protective surfacing material must be safe and shock absorbing for a fall from the highest designated play surface on a piece of equipment as specified in the United States Consumer Public Safety Commission's Public Playground Safety Handbook, Publication 325. This publication is available on the Internet at http://www.cpsc.gov/cpscpub/pubs/325.pdf or by calling the Consumer Public Safety Commission at (800) 638-2772.
(b) For a group child care home that is located in a residence, the requirement for playground protective surface covering in § 3280.102(c) means that the protective surfacing material must be safe and shock absorbing for a fall from the highest designated play surface on a piece of equipment as specified in the United States Consumer Public Safety Commission's Outdoor Home Playground Safety Handbook, Publication 324. This publication is available on the Internet at http://www.cpsc.gov/cpscpub/pubs/324.pdf or by calling the Consumer Public Safety Commission at (800) 638-2772.
CHAPTER 3290. FAMILY CHILD DAY CARE HOMES
EQUIPMENT § 3290.102b. Playground protective surface covering--statement of policy.
The requirement for playground protective surface covering in § 3290(c) (relating to condition of play equipment) means that the protective surfacing material must be safe and shock absorbing for a fall from the highest designated play surface on a piece of equipment as specified in the United States Consumer Public Safety Commission's Outdoor Home Playground Safety Handbook, Publication 324. This publication is available on the Internet at http://www.cpsc.gov/cpscpub/pubs/324.pdf or by calling the Consumer Public Safety Commission at (800) 638-2772.
[Pa.B. Doc. No. 09-840. Filed for public inspection May 8, 2009, 9:00 a.m.]
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