Property Management, Homeowners Associations, Beach Clubs, Camps, etc.

This excerpt is from the New Jersey Playground Subcode;

“ 5:23-11.2 Definition

For purposes of this subchapter, “playground” shall mean an improved area designed, equipped, and set aside for play of six or more children, which is not intended for use as an athletic playing field or athletic court, and shall include any play equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures.”

Of particular interest to what is generally considered “private” property owners is that the subcode does not differentiate between private and public property. What this means is if you’re a beach club, yacht club, homeowner’s association, civic organization or any other entity you must abide by the subcode here in New Jersey.

In other states the law may not be clear. What is clear is a generally accepted standard of care. Essentially this means it’s wise to keep your playground compliant with ASTM and CPSC standards and guidelines. It’s also a good idea to adopt a Playground Safety Policy regardless of the law in your state.

Here’s another quote to consider. It’s from Scott Burton, CPSI, Expert Witness;

“It matters little in this litigious world whether a standard is mandatory, a guide, a law or designated by any other term. It is considered the “standard of care,” and allowed to be admitted into a lawsuit as evidence. Individuals, whether employed and “protected” by their agencies (private or governmental), have a high level of exposure to being personally liable.”

If you are a board member, committee member, club or organization member or resident consider your personal exposure. Of course what really matters is keeping the kids safe.