PRINTER'S NO. 1627

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1443

Session of

2023

INTRODUCED BY GREEN, MADDEN, PROBST, KAZEEM, ABNEY, KINSEY,

BURGOS, SANCHEZ, CEPEDA-FREYTIZ AND PARKER, JUNE 20, 2023

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 20, 2023

hereby enacts as follows:

Section 1. Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

5901. Definitions.

5902. Rulemaking.

5903. Playground safety audit and hazard analysis.

5904. Repair, replacement or removal of major hazards.

§ 5901. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Council." The Statewide Advisory Council for Playground

Safety established in section 5908 (relating to council) .

"CPSC." The United States Consumer Product Safety

Commission.

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Less serious hazard." A condition or practice likely to

as an athletic playing field or athletic court. The term shall

include any play equipment, surfacing, fencing, signs, internal

pathways, internal land forms, vegetation and related

structures. The term shall exclude home playgrounds, home

playground equipment, amusement park equipment, sports

equipment, fitness equipment and limited access contained play

systems.

"Playground safety audit and hazard analysis." A safety

inspection and examination of playground equipment and

conditions as established by the council.

child-care facilities which are subject to and in compliance

with regulations issued by the Department of Human Services or

any other entity operating or owning a playground open to the

public.

"Secretary." The Secretary of Community and Economic

Development of the Commonwealth.

§ 5902. Rulemaking.

Within one year of the effective date of this section , the

department shall promulgate regulations establishing safety

standards for the design, installation and maintenance of all

playgrounds operated by a responsible entity. The regulations

§ 5903. Playground safety audit and hazard analysis.

(a) Conduct.--A responsible entity operating a playground

area shall conduct a comprehensive safety audit and hazard

analysis of every play area and piece of play equipment

designed, constructed, owned, operated or maintained by the

responsible entity.

(b) Procedure.--The council shall develop a standard

procedure for conducting a playground safety audit and hazard

analysis.

(c) Initial audit and analysis.--Within six months of the

(d) Submission to department.--The responsible entity shall

submit a copy of its findings to the department.

§ 5904. Repair, replacement or removal of major hazards.

(a) General rule.--If the safety audit and hazard analysis

conducted by the responsible entity reveals unsafe equipment or

conditions which pose a major hazard to children, the play

equipment or conditions shall be immediately removed or upgraded

by replacement or improvement necessary to comply with the

regulations for safety standards adopted by the department.

(b) Major hazards described.--Situations involving play

equipment or conditions that present major hazards to children

§ 5905. Less serious hazards.

All equipment presenting hazards classified as less serious

must be removed, repaired or replaced in order to comply with

the regulations adopted by the department. In order to conform

with this section , a responsible entity shall establish a

playground safety plan.

§ 5906. Playground safety plan.

(a) Content.--Each responsible entity shall devise a

playground safety plan which shall include a timetable to ensure

that playground hazards which are classified as less serious are

maintained by the responsible entity. The plan shall also

include provisions for preventive and responsive maintenance of

equipment and conditions.

(b) Compliance.--The responsible entity shall have six

months after the final adoption of the department regulations to

comply with this section .

§ 5907. New or renovated playgrounds.

On or after the effective date of the regulations promulgated

by the department under section 5902 (relating to rulemaking),

any new or newly constructed, installed or renovated playground,

play area, single unit or play structure shall comply with the

their designees who shall serve for as long as they are in

office.

(b) Membership.--The membership of the council shall be

representative of parents of school-age children, school

districts, school boards, local municipalities and government,

public and private providers of child care, nonpublic schools,

charter schools, safety and design experts of playgrounds and

play equipment, injury prevention specialists, the secretary or

a designee, the Secretary of Education or a designee, the

Secretary of Health or a designee, the Secretary of Labor and

(c) Designees.--The designees of cabinet officers under

sub section (b) must be deputy secretaries, commissioners or

bureau directors.

(d) Officers.--The chair of the council shall be appointed

by the Governor and must be selected from those members who are

neither employees of the Commonwealth nor elected officials.

(e) Committees.--The chair of the council may appoint

special committees, which may include nonmembers of the council,

to make recommendations to the council concerning key issues

related to this chapter .

(f) Compensation of members.--The members shall serve

The council has the following powers and duties:

(1) To review and comment to the department, the

Department of Education, the Department of Health, the

Department of Human Services, the Department of Labor and

Industry and the Department of Environmental Protection on

draft regulations and standards as they pertain to playground

safety.

(2) To review and comment to the appropriate legislative

committees and the Independent Regulatory Review Commission

on regulations and standards proposed under this chapter .

(i) Recommendations for the implementation and

enforcement of regulations and standards, including the

definition of a safety audit and hazard analysis.

(ii) Suggestions regarding sources of fiscal and

other support from Federal, State, local and private

sources for the upgrade of playgrounds to comply with

regulations and standards for safety.

(iii) Recommendations regarding personnel training

in playground safety and inspection.

(iv) Recommendations for the implementation of

Statewide systemic inspection of playgrounds.

by communities and schools in assisting with their own

development of safety plans.

(4) To meet at least four times a year.

§ 5910. Enforcement.

The department shall cause an inspection of a playground to

ensure that the playground complies with the safety standards

adopted under this chapter . If the department finds that the

playground does not comply with the safety standards, the

department shall order the playground closed until the

playground is upgraded to comply with the standards.