Playgrounds and the Law

October 6, 2010 the Consumer Product Safety Commission (CPSC) issued a final interpretative rule on the term "Children' s Product." The Consumer Product Safety Improvement Act of 2008 (CPSIA) is found under Public Law 110-314. A "children's product" is defined as a consumer product designed or intended primarily for children 12 years of age or younger. Playground equipment certainly falls into this category, often being labeled for a specific age group such as 2-5 or 5-12.

The CPSIA defines the maximum content allowed for heavy metal in coatings, phthalates and lead in substrates, 3rd party testing for certain products, and tracking labels. This legislation applies to imported as well as domestically manufactured product. With lead as a leading cause of concern under this law, it should be noted that many playground products are not "painted" but "powder coated." This lead free process exceeds the requirements under the law. Consumers should ensure what materials and process are utilized in the manufacture of their product.

So the law covers everything?

Not exactly. Actually, barely a fraction of the whole picture. While the CPSIA addresses several key and critical issues in safety, there are MANY other issues to address. The CPSC federal recommendations and the voluntary standards of the playground industry set forth by the American Society for Testing and Materials (ASTM) do not present exact and conclusive definitions and standards, either. There are certain areas which remain gray and professional judgment comes into play. The application of rules should also consider minimum standards and standard of care. One set of state rules suggests that there should be a minimum of 6-8" of playground surfacing installed beneath playgrounds. In the same publication and rules it is also stated that surfacing should be installed (at least in the case of Engineered Wood Fiber) to a depth of 12". Further reading will find that wood surfacing compacts after installation, and the suggestion of 9" compacted be applied. So, do I need: 6, 7, 8, 9 or 12" of surfacing on my playground? If I install 12" of wood surfacing, do I need to go out every week and replenish? If there is a fatal, life threatening or debilitating injury on the playground that had 6" of impact attenuating surfacing, would 12" have been a better standard of care?

More information may be found in a previous blog: "What Federal Standards Apply to a Playground?"

California (CA) appears to lead the pack in terms of legal compliance to safety. In the California Code of Regulations it is stated that playgrounds (public) shall comply with sections of the CPSC Handbook and the ASTM standards. After pages of should versus shall, recommend versus require: it comes down to basic steps. Design, inspection, materials used, assembly, installation, maintenance, training and supervision are specifically identified and called for. Some other states have specific references or applications of rules, but largely only applied to child care settings.

In the playground industry, the International Playground Equipment Manufacturers Association (IPEMA) runs a 3rd party testing and certification program. Following every line to the letter and number won't make a difference if installation, operation and maintenance falls below standards. This means you may purchase top grade and quality product, yet fail at the simple standards due to error, neglect or omission.

I hope we aren't done, yet. With gray areas, voluntary compliance and optional concepts, playground safety may get put on the back burner. The National Program for Playground Safety suggests that our overall US safety grade in their study was a C+. States which adopted CPSC guidelines received the higher grade of B, with states not adopting guidelines the lower grade of C was found. If my child's safety is involved, law or not- my child deserves a better standard of care. The old adage "you get what you pay for" certainly could be called for. Buying the cheapest, cutting a corner, neglecting management and maintenance of the playground or following minimum standards likely will not result in your being issued a citation by a police officer. Law or no law, don't cut corners with your children's safety. Consult a professional.

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Tax Benefits to Leasing

In September 2010, President Obama announced a Stimulus Initiative that allows a business to expense 100 percent of a new equipment purchases through tax deduction.  This full-value deduction can be taken while spreading out payments for the equipment over a longer term, such as a 60 month purchase.   IRS Section #179 will allow for the deduction of up to $250,000 of business equipment.  Credit and equipment restrictions apply.  This program doesn't assume you are eligible for the depreciation schedule.  Previous depreciation claimed may affect your ability to utilize the elections.   Consult your tax advisor or accountant for additional information.   Contact DunRite for more information about LEASING options and programs available. 

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Municipal Leasing

In tough times, individuals are the only that are pressed for a cash flow to make purchases.  Our leasing team has programs for business and municipal entities that may help.  Rather than make a lump sum purchase, stretch your purchase power by spreading over a longer term with our Municipal Leasing Program.

Who is Eligible?

State Goverments

City Governments

State Agencies

School Districts

Port Authorities

Hospital (government funded)

Fire Districts

Water Districts

Municipal Corporations

With competitive rates, Fast turn-around time and hassle free documentation, this might be the solution to your equipment needs.  Call us for more information!

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How is our WOOD SURFACING produced?

Our wood surfacing is IPEMA certified. IPEMA is the International Playground Equipment Manufacturing Association. This is voluntary compliance, but requires strict adherence to standards. The reference standards for surfacing are developed and published by the American Society of Testing and Materials, as document F2075-04, Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment. Compliance to this standard also requires compliance to F1292: Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Play Equipment. Testing of materials is rigid and conducted by Detroit Testing Laboratories. Inspection and follow up to equipment and process is maintained by IPEMA inspections of facility and product.


Here are key criteria that are utilized in manufacture:

1. Materials must meet particle size requirements and tests, both wet and dry. This is achieved by a cutter to reduce sizes and a sieve to filter particles too small. Sieve, shaker, oven and balance test gauges and process are specified by ASTM C136, and meet F963 specifications. Our process is thereby TWO steps, ground and then filtered again.  Most surfacing manufacturers only utilize a one step process, "cut."

2. Material must meet metal particle limits and concentrations, including hazardous metals and soluables such as mercury. This requirement is easily managed, as we do not utilize any recycled materials. We do not use pallets or post consumer materials. ONLY virgin hardwood materials are utilized. Antimony, Arsenic, Barium, Cadmium, Chromium , Lead and Selenium are commonly found in wood products, tests are conducted to ensure processing is below threshold.

3. A minimum on 8- one gallon samples are taken at random from a 50 cubic yard test lot to ensure adequate volume of material to tests.

4. Tramp and magnetic tests are conducted to ensure protection from embedded material.

5. Our facility is deliberate in the selection of materials that are processed. In addition to not accepting reclamation material, the product accepted is ONLY harvested hardwood. Our sources are known and documented. Pine, a highly acidic wood is NOT utilized, EVER. Sub grades of lumber are not acceptable to our milling process.

6. Materials are NOT stored for long periods of time. Materials have generally been cut within a 48 hours prior to delivery. This ensures fresh material free from contamination and premature deterioration.

7. Materials are transported in equipment specifically designated for this material. Vehicles are NOT shared with other products, to eliminate contamination. As this is not landscape grade material, vehicles are not utilized to carry manure, sand, dirt, gravel or recycled materials.

There are about 6 pages of tiny 6 point font, double column specifications that are tested against by our testing laboratory. This is an expensive process, but a welcome and defining difference in an engineered and certified wood product.

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What Federal Standards Apply to a Playground?

Are there really playground laws? Yes! While it is important that we follow the law, remember that our children are involved. We should also follow guidelines, recommendations, standards, best practice and COMMON SENSE. When our children are involved we have a privilege and responsibility to do our best to protect them.


You should also consider reviewing ASTM Standards and CPSC Guidelines when reviewing playground planning, design, manufacture, construction, installation and operation. Inspection and maintenance become critical to ensure that your playground operates at the best possible level of safety.

There is not an agency that travels about with a badge and represents themselves as "playground police." There are inspectors and specialists trained, educated and tested by a variety of sources. Consult your playground professional for information on best utilization of the available information.

16 CFR Part 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint

16 CFR 1500 Hazardous Substances Act Regulations, including sections:

1500.48 Technical Requirements for Determining a Sharp Point in Toys and Other articles Intended for Use by Children UNDER 8 Years of Age

1500.49 Technical Requirements for Determining a Sharp Metal or Glass Edge and and Other articles Intended for Use by Children UNDER 8 Years of Age

16 CFR 1501 Method for Indentifying Toys and Other Articles Intended for Use by Children UNDER 3 Years of Age Which Present Choking, Aspiration, Ingestion Hazards because of Small Parts

36 CFR Part1191 Americans with Disabilities Act Disability Accessibility Guidelines for Buildings and Facilities; Section 15.6 Play Areas (Final Rule)

CPSC Publication 325 Handbook for Public Playground Safety . While this is not a standard or regulation it is an important GUIDELINE.

More information is available from the United States Government Printing Office.

State regulations may also apply to your playground! AR, CA, CT, FL, IL, MI, NJ, NY, NC, OH, OK, OR, RI, TN, TX, UT, VA have references in state documents that may apply to your situation.

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What is ASTM?

The simple answer, American Society for Testing and Materials , ASTM International, West Conshohochen, NJ. The ASTM is a 100 year old organization that has become a world known and recognized source for standards related to materials, products and systems. These are usually recognized by the authorities, specialists and experts within specific subject areas. There are over 12,000 standards listed in 77 volumes. This is light reading material for those not familiar with an industry. Your playground professional should be familiar with the context or usage of the standards, or may relay on a manufacturer to follow standards . For more information, visit them at http://www.astm.org/.

Here is one of the more commonly referred to PLAYGROUND standards from the ASTM:

ASTM F1487-07ae1 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use: Purpose to provide safety and performance standards of public playground equipment and reduce life threatening and debilitating injuries.

What are all those numbers?

F1487 is the publication

07 is the year of adoption or revision

Following characters represent revisions or editorial changes



Here are additional ASTM documents that may relate to your playground

D2240 Test Method for Rubber Property- Durometer Hardness

F406 Consumer Safety Specifications for Non-Full-Size Baby Cribs and Play Yards

F698 Specification for Physical Information to be provided for Amusement Rides and Devices

F846 Guide for Testing Performance of Amusement Rides and Devices

F853 Practice for Maintenance Procedures for Amusement Rides and Devices

F963 Consumer Safety Specification for Toy Safety

F893 Guide for Inspection of Amusement Rides and Devices

F963 Consumer Safety Specification for Toy Safety

F1004 Consumer Safety Specification for Expansion Gates and Expandable Fasteners

F1077 Guide for the Selection of Committee F16 Fastener Specifications

F1148 Consumer Safety Performance Specification for Home Playground Equipment: This consumer safety specification provides safety requirements for various types of home playground equipment intended for use by children aged from over eighteen months through 10 years. It further provides such requirements for swings intended specifically for toddlers

F1159 Practice for Design and Manufacture of Patron Directed, Artificial Climbing Walls, Dry Slide, Coin Operated, and Purposeful Water Immersion Amusement Rides and Devices and Air-Supported Systems

F1292 Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment: This specification specifies impact attenuation performance requirements for playground surfaces and surfacing materials and provides a means of determining impact attenuation performance using a test method that simulates the impact of a child ' s head with the surface.

F1551 -09 Standard Test Methods for Comprehensive Characterization of Synthetic Turf Playing Surfaces and Materials

F1882 -06 Standard Specification for Residential Basketball Systems

F1918 Safety Performance Specification for Soft Contained Play Equipment

F1931 -98(2004) Standard Test Method for Characterization of Gymnastic Landing Mats and Floor Exercise Surfaces

F1936 -10 Standard Specification for Impact Attenuation of Turf Playing Systems as Measured in the Field

F1951 Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment: This specification establishes minimum characteristics for those factors that determine accessibility.

F2049 Fences/Barriers for Public, Commercial, and Multi-Family Residential Use Outdoor Play Areas

F2056 -09 Standard Safety and Performance Specification for Soccer Goals

F2075 Specification for Engineered Wood Fiber for Use as Playground Safety Surface Under and Around Playground Equipment: Establishes minimum characteristics including size, consistency, purity and draining of wood fiber.

F2223 Standard Guide for ASTM Standards on Playground Surfacing: Standards for selecting and specifying surface systems under and around playground equipment. This guide is to be used to assist the playground owner/operator, specifier, designer, etc., in determining the properties that can be considered with regard to the protective surfacing in the playground.

F2373 Consumer Safety Performance Specification for Public Use Playground Equipment for Children 6 Months through 23 Months: This consumer safety performance specification provides safety and performance requirements for various types of public use play equipment such as, but not limited to, composite play structures, climbing structures, to-fro swings, spring rocking equipment, and slides.

F2375 -09 Standard Practice for Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh used in Amusement Rides, Devices, Play Areas and Attractions

F2461 -09 Standard Practice for Manufacture, Construction, Operation, and Maintenance of Aquatic Play Equipment

F2479 Standard Guide for Specification, Purchase, Installation and Maintenance of Poured in Place Playground Surfacing

WK24383 New Specification for Sand used under and around Playground Equipment

WK28668 - New Specification for Loose-fill Rubber for Use as a Playground Safety Surface Under and Around Playground Equipment

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How To Select a Playground Company

Recently our company was passed over for a major renovation project and another company was selected to manage a very LARGE project. When we inquired with one of the decision makers in the organization we learned that after looking at our website, the decision makers believed we didn't engage in the type of projects and scope of what they were looking for. They selected another organization who has a much smaller website, and in fact used the product manufacturer's website as their experience reference.

In another situation, a customer came to us and asked for examples of a playground we would provide. Not a small task when we have 30,000 options! No size of equipment was provided, no budget. This customer made their decision based on random answers, and random offerings.

In a third scenario we discovered a new playground at a facility. We didn't even know they were looking for a playground. Where did it come from? We immediately recognized the components, design and layout and identified that the equipment was imported from a foreign country.  More about this in a moment.

In each of these and hundreds of alternate scenarios we find that playground selection is both subjective and objective. The end result needs to reflect your organization, community and children. What "looks" right isn't something that a single question or answer can convey. Here are some tips to help you stay on the right track. This isn't the only way to the end, but helpful tips to consider:

1. Identify the decision makers. Who in your organization can represent the majority? Select members that will ask questions and provide input. You will also rely on this team to convey the decisions to the population of your group. A strong leader is important to keep the project on track and not derail after the first questions arise. Some individuals solicit input from children to find out what they like to do and how they interact with various types of equipment.

2. Identify the goals. What are your needs? You won't know you have found "IT" until you identify what you are looking for. Are you trying to fill a space 30' x 40'? Are you trying to provide play for 20 children?

3. Identify the target group. How many children, at what ages? Is there a variety of abilities and interests from the children?

Did you see budget yet? While this is IMPORTANT, it isn't a concrete step. Certainly you may have a budget, but a plan is more important. Your PLAN may design a goal that won't be reached for 10 years. Many groups find out that commercial grade playgrounds cost considerably more than discount store equipment for a backyard. Do we wait until we have enough money and then go shopping? Certainly NOT! Utilize the experience of your playground professional to help and guide you through your process. Big trees don't get that way overnight. Good plans may require years of execution to achieve. Timeline may be important in your project. You may have a deadline.

4. Review product offerings from vendors. Use multiple sources. Don't make your judgment solely on who has the glossiest images in their catalog. The biggest or smallest catalogs may not adequately represent the abilities of the company. Your entire plan may in fact be found across several catalogs or sources.

5. Know who you are dealing with. Is this a manufacturer? Many manufacturers don't sell direct. Manufacturers often rely on dealers or distributors to represent their product. They may have exclusive or shared relationships. This adds another tier of investigation to your process. If your plan involves more than one product manufacturer you may be looking for more than ONE single company. Verify credentials of each. Will they work well together? How will they interface and come together to represent your interests and goals rather than their own?

While on credentials, there is a significant issue our company has seen in the past few years. How long has the company been in business? What is their history? They may be around long enough to finish your project and collect your check. Will they be there to provide maintenance? Can they back up their warranty they offer? Where are they located? This doesn't mean to select the oldest company. This doesn't mean select the closest one to your new park.

In yesterday's mail we received a beautiful 278 page catalog from a dealer. They are representing a foreign manufacturer. The writer has NOTHING against foreign manufactured products. Unfortunately the catalog is in metric measurement. There are some impressive credentials on the first pages. This is also the third USA based company representing this foreign manufacturer in three years. Involvement with multiple levels of this organization will require you speak several languages. A quick part or replacement will take weeks if not months. We've seen this before, simply put- those impressive credentials don't stack up. This particular company's experience in reaching standards for playground equipment in the USA simply hasn't been established or proven.

WOW! And you may have thought to look for the best price! For every point raised in this article, there are probably a dozen more. YOUR children are involved! Go ahead and ask more questions. As a parent, I'd rather be safe than sorry. I wouldn't let your children play on the equipment if it wasn't good enough for my own children. Ethics and integrity should have been listed somewhere above. Again, this is for your children!

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