PRIOR PRINTER'S NOS. 1627, 2744
PRINTER'S NO. 2810
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1443
Session of
2023
INTRODUCED BY GREEN, MADDEN, PROBST, KAZEEM, ABNEY, KINSEY,
BURGOS, SANCHEZ, CEPEDA-FREYTIZ, PARKER, OTTEN, KENYATTA,
KHAN AND WEBSTER, JUNE 20, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 26, 2024
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, establishing the Statewide Advisory
Council on Playground Safety; and providing for duties of the
Statewide Advisory Council on Playground Safety.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 56A
STATEWIDE ADVISORY COUNCIL ON PLAYGROUND SAFETY
Sec.
56A01. Definitions.
56A02. Council.
56A03. Powers and duties.
ยง 56A01. 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:
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"Council." The Statewide Advisory Council on Playground
Safety established in section 56A02 (relating to council) .
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Playground." An improved outdoor area designed, equipped
and set aside for children's play which is not intended for use
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.
"Secretary." The Secretary of Community and Economic
Development of the Commonwealth.
ยง 56A02 . Council.
(a) Establishment.--The Statewide Advisory Council on
Playground Safety is established. The council shall consist of
25 members appointed by the Governor. The term of office of the
members shall be three years, except for the cabinet officers or
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, manufacturers and retailers of playground
equipment, homeowner associations, churches, resorts, injury
prevention specialists and relevant Commonwealth agencies. No
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less than three members of the council shall be certified
playground safety inspectors. The members of the council shall
include the following members:
(1) The secretary or a designee.
(2) The Secretary of Conservation and Natural Resources
or a designee.
(3) The Secretary of Education or a designee.
(4) The Secretary of Environmental Protection or a
designee.
(5) The Secretary of Health or a designee.
(6) The Secretary of Human Services or a designee.
(7) The Secretary of Labor and Industry or a designee.
(8) A representative from a city of any class.
(9) A representative from a borough.
(10) A representative from a first class township.
(11) A representative from a second class township.
(12) A representative selected by the Pennsylvania
Recreation and Park Society.
(13) A MEMBER APPOINTED BY EACH OF THE FOLLOWING:
(I) THE MAJORITY LEADER OF THE SENATE.
(II) THE MINORITY LEADER OF THE SENATE.
(III) THE MAJORITY LEADER OF THE HOUSE OF
REPRESENTATIVES.
(IV) THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES.
(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
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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
without compensation but shall be reimbursed for reasonable and
necessary expenses incurred in accordance with the rules of the
Executive Board.
(g) Staff.--Staff services for the council shall be provided
by the department.
ยง 56A03 . Powers and duties.
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 , the Department of Conservation and Natural
Resources 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 any proposed playground safety regulations and standards.
(3) To assist and advise Commonwealth agencies in their
efforts to improve playground safety . This shall include the
following:
(i) Recommendations for the implementation and
enforcement of regulations and standards.
(ii) Suggestions regarding sources of fiscal and
other support from Federal, State, local and private
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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 improvement of
playground safety and inspection procedures.
(v) Recommendations for the development of a
reporting mechanism for parents and others in the
community who feel a playground may be unsafe.
(vi) Consideration of safety plan models to be
utilized by communities and schools in assisting with
their own development of safety plans.
(4) To meet at least four times a year.
Section 2. This act shall take effect immediately.
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