State Mandates

Fingerprinting

Education Code 10911.5 requires recreation program employers to fingerprint employees having direct contact with any minor on or before the first day of employment. Local agencies are authorized to screen a prospective employee or volunteer for their criminal background by requesting from the Department of Justice records of all convictions and of any arrests pending adjudication involving those specified offenses.

For more facts you need to know about fingerprinting park and recreation employees working with youth, click here.

Fingerprinting Update: How Agencies Are Complying. Click here.

Fingerprinting Regulations for California http://caag.state.ca.us/fingerprints/

The California Department of Justice provides an automated service for criminal history background checks that may be required as a condition of employment, licensing, certification, foreign adoptions or VISA/Immigration clearances. Here is information for individuals needing to submit fingerprints for background checks.

Beginning July 1, 2005, all applicant fingerprint submissions must be transmitted electronically. Live Scan digital submissions provide the quickest way to submit and process background checks.

Applicants must get instructions and the forms required for fingerprinting services from the agency requiring their criminal history background check. Since different forms are used, individuals seeking a "clearance letter" from the department for visa, immigration or foreign adoptions purposes should refer to the VISA/IMMIGRATION/FOREIGN ADOPTIONS section below.

Fingerprint Submissions Regulations --click here http://ag.ca.gov/fingerprints/regulations.php

Amended California Regulations on the Suppression of Incomplete Criminal History Information. Effective August 27, 2005 . Approved by the Office of Administrative Law and filed with the Secretary of State, the revised regulations add Article 2, sections 720, 721, 722, 723 and 724 to Chapter 7, Division 1 of Title 11 of the California Code of Regulations

California law specific to fingerprinting is found at www.leginfo.ca.gov. Select California law and enter appropriate code number (Public Resources 5164, Education code 10911.5, Penal Codes 11105.034, 13300 (b) (10), County Codes 11105 B10, C10, 11105.2).

Playgrounds

New regulations updated for 2008

AB 1144 regulations become effective January 2008.
Click here for the text.

Regulations History

Click here to get a copy of the current California's playground safety regulations, although they are expected to change in the near future. California Playground Regulations state compliance standards come from the documents listed below which are not included within the regulations:

  • Guidelines for Public Playground Safety, US Consumer Product Commission Publication #325. Click here to download.
  • Performance Specification for Playground Equipment for Public Use, ASTM, Publication F 1487-98. To order this archived copy contact Global Engineering Documents at 800/854-7179. Cost is $63 plus shipping. Payment requires credit card or purchase order.
  • California Health & Safety Codes Specific to playground safety
    Sections 115725-115750
    Sections 115775-115800

All California public playgrounds must be initially inspected by a certified playground safety inspector (CPSI) and compliant with CPSC and ASTM guidelines for play areas.

Requires playground inspections by October 1, 2000 and creates the playground safety recycling act. Click here to view AB 1055. Public playgrounds shall updgrade by replacement or improvement as necessary to satisfy the regulations pursuant to Health & Safety Code Section 115725, before January 1, 2003. For more information on Playground Safety, click here.

Additional Resources:

  • For other Playground resources from the National Recreation & Park Association please contact Mike Minnicino, Publications manager at 703/858-2174.
  • A list of publications containing guidelines and tips from the U.S. Consumer Product Safety Commission. The information was compiled by the National SAFE Kids Campaign (NSKC). Click here to download.
  • Wondering about your liability when inspecting a playground for compliance? Click here for CA Code regarding immunity.
  • Want to become an inspector? Click here.

Public Recreation Exemptions from Day Care Licensing

Public recreation programs have the option to be licensed. Health and Safety codes specific to licensing can be found at www.leginfo.ca.gov. Select California law and then enter 1596.792 or download a fact sheet here.

Skateboarding

AB 1296, the original skate park authorizing legislation expired on January 1, 2003 and was replaced by SB994, which will expire on January 1, 2008. The legislation limits the liability of public agencies operating skateparks by including skateboarding in the list of hazardous recreation activities covered in the state Health & Safety Code and by setting specific requirements for the use of safety gear.
Click here for SB994
A great Web site to check for more information on SB 994 is the Southern California Skate Park Coalition.

Smoking Near Playgrounds

AB 188 prohibits the smoking of any cigarette, cigar, or other tobacco-related product within a playground or tot lot sandbox area. Click here for the actual bill.

Federal Mandates

Federal ADA Playground Design Regulations

The development of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) is to ensure that new construction and alterations of facilities covered by Titles II and III of the ADA are readily accessible to and usable by individuals with disabilities. This fact sheet explains more about what you should know and resources for more information. Click here to download the fact sheet.

The Architectural and Transportation Barriers Compliance Board (Access Board) is issuing final accessibility guidelines to serve as the basis for standards to be adopted by the Department of Justice for new construction and alterations of play areas covered by the Americans with Disabilities Act (ADA). The guidelines will ensure that newly constructed and altered play areas meet the requirements of the ADA and are readily accessible to and usable by individuals with disabilities. The Department of Justice must adopt the guidelines as standards for them to be enforceable under the ADA. For more information, click here.

For additional information on Accessibility, click here for the The ADA Document Center
For additional information on Accessibility, click here for the National Center on Accessibility

Pacific DBTACassisting disability and business communities 800/949-4232, www.disabilityaccessinfo.ca.gov

Pacific ADA & IT Center (Pacific DBTAC) Region IX, http://www.pacdbtac.org

Fed: ADA Dept of Justice 800/514-0301, www.usdoj.gov/crt/ada