Public Playground Safety
NY-ADR
2/17/21 N.Y. St. Reg. DOS-41-20-00001-A
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 7
February 17, 2021
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
NOTICE OF ADOPTION
I.D No. DOS-41-20-00001-A
Filing No. 119
Filing Date. Feb. 01, 2021
Effective Date. Feb. 17, 2021
Public Playground Safety
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 223.1, 223.2 of Title 19 of NYCRR.
Statutory authority:
Executive Law, section 91; General Business Law, section 399-dd
Subject:
Public Playground Safety.
Purpose:
Update public playground safety standards.
Text of final rule:
Section 223.1 of Title 19 of NYCRR is amended as follows:
The following new text is added as a stand-alone unnumbered paragraph to appear after the Historical Notes section and before the title, “223.1 Definitions.”
This Part focuses on the implementation of standards to help reduce occurrences of children falling from playground equipment. Please note that the publication incorporated by reference into section 223.2 of this Part, which has the same force and effect of rule text printed in NYCRR, does not discuss other potential playground risks, such as potential injuries that may be associated with exposure to, or ingestion of, surfacing material. Since many factors may affect playground safety, the New York State Division of Consumer Protection does not endorse the standards contained in the incorporated publication as the sole method of minimizing playground-related injuries.
The following new text is also added to section 223.1; this stand-alone unnumbered sentence shall appear after the title, “223.1 Definitions” and before subdivision “(a).”
In the event of a conflict between the meaning of a term appearing in this section and the use of such term in the material incorporated by reference, the definition provided in this section shall prevail.
Section 223.2 of Title 19 of NYCRR is amended as follows:
The [guidelines of the] Public Playground Safety Handbook, [U.S. Consumer Product Safety Commission Handbook for Public Playground Safety, Publication # 325, November 2010, are] December 29, 2015, is hereby incorporated by reference[in this Part] and [have] has been filed in the Office of the Secretary of State of the State of New York. [, the publication so being filed being the booklet entitled: Handbook for Public Playground Safety, Publication No. # 325, 2003. These guidelines incorporated by reference] This publication may be obtained from the publisher, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD, 20814, and is readily available without charge on the internet at https://cpsc.gov/s3fs-public/325.pdf; this internet address may also be accessed via the New York State Division of Consumer Protection website at www.dos.ny.gov/consumerprotection. [New York State Consumer Protection Board, 5 Empire State Plaza, Suite 2101, Albany, NY 12223 and the New York State Consumer Protection Board website at www.nysconsumer.gov, at the law libraries of the New York State Supreme Court, the Legislative Library] This publication is also available for public inspection at the New York State Division of Consumer Protection.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 223.1.
Text of rule and any required statements and analyses may be obtained from:
Kathy Walter, Program Counsel, Division of Consumer Protection, Department of State, 99 Washington Avenue, Suite 1120, Albany, NY 12231, (518) 474-7657, email: [email protected]
Revised Job Impact Statement
Modification of the Statement regarding a Job Impact Statement, which was published as a part of the Notice of Proposed Rule Making, is unnecessary. The adopted rule text does not contain any substantial revisions to the proposed rule, and the only non-substantial revision corrected a typographical error that inaccurately indicated that section 223.1 contained material incorporated by reference. The adopted rule text was revised to accurately indicate that incorporated material is actually referenced in section 223.2. Since this was the only change to the proposed rule, the previously published Statement remains adequate and complete.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2024, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The agency received no public comment.
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