BILL NUMBER: AB 1513 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 26, 2012
INTRODUCED BY Assembly Member Allen
JANUARY 13, 2012
An act to amend Section Sections
114257 and 115725 of , and to add Section 113862
to, the Health and Safety Code, relating to retail
food facilities playgrounds .
LEGISLATIVE COUNSEL'S DIGEST
AB 1513, as amended, Allen. Retail food facilities:
playground sanitation. Playgrounds: retail food
facilities.
Existing law subjects certain outdoor playgrounds to specified
regulations, including requiring outdoor playgrounds to conform to
designated standards set by the American Society for Testing and
Materials and guidelines set by the United States Consumer Product
Safety Commission.
This bill would subject indoor playgrounds to these regulations.
Existing law, the California Retail Food Code, regulates retail
food facilities to safeguard public health and requires local
enforcement to enforce its provisions. Existing law requires that all
premises of a food facility be kept clean, fully operative, and in
good repair. A violation of these provisions is punishable as a
misdemeanor.
This bill would include food facility playgrounds, as defined,
within the requirement that the food facilities be kept clean, fully
operative, and in good repair, and would require a food facility with
an indoor playground to develop a plan to keep the playground area
clean and free of hazards to children. By increasing the duties
of local officials, this bill would impose a state-mandated local
program.
This bill would also require a retail food facility with a
playground to produce display or provide on
request a record of the playground's maintenance policy and
inspection record and to post a sign prohibiting customers from
taking food into the playground structures .
By creating a new crime, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113862 is added to the
Health and Safety Code, to read:
113862. "Playground" means an improved area designed, equipped,
and set aside for children's play that is not intended for use as an
athletic playing field or athletic court, and shall include any
playground equipment, fall zones, surface materials, access ramps,
and all areas within and including the designated enclosure and
barriers.
SEC. 2. SECTION 1. Section 114257 of
the Health and Safety Code is amended to read:
114257. (a) All premises of a food facility, including indoor and
outdoor playgrounds, shall be kept clean, fully operative, and in
good repair.
(b) For purposes of subdivision (a), a playground on the premises
of a food facility shall meet the same standard of cleanliness that
exists for all other areas of the food facility, except food handling
and preparation areas.
(c) A retail food facility with a playground shall do all of the
following:
(1) If the playground is indoors, develop
Develop a plan for ensuring that indoor playground
areas are kept clean and free of conditions that may be hazardous to
children, including, but not limited to, cracked or broken playground
structures.
(2) Display, or provide upon request, the retail food facility's
policy on playground maintenance and dates on which the playground
was last inspected and cleaned.
(3) Prohibit Post a sign prohibiting
customers from taking food into or on, or eating food on, playground
structures, including, but not limited to, climbing structures and
slides, except that food may be taken to and consumed within rest or
observation areas within or adjoining a playground area.
(d) For purposes of this section, "playground" has the same
meaning as defined in Section 115725.
SEC. 2. Section 115725 of the Health and
Safety Code is amended to read:
115725. (a) All new playgrounds open to the public built by a
public agency or any other entity shall conform to the
playground-related standards set forth by the American Society for
Testing and Materials and the playground-related guidelines set forth
by the United States Consumer Product Safety Commission.
(b) Replacement of equipment or modification of components inside
existing playgrounds shall conform to the playground-related
standards set forth by the American Society for Testing and Materials
and the playground-related guidelines set forth by the United States
Consumer Product Safety Commission.
(c) All public agencies operating playgrounds and all other
entities operating playgrounds open to the public shall have a
playground safety inspector, certified by the National Playground
Safety Institute, conduct an initial inspection for the purpose of
aiding compliance with the requirements set forth in subdivision (a)
or (b), as applicable. Any inspection report may serve as a reference
when the upgrades are made, but is not intended for any other use.
(d) Playgrounds installed between January 1, 1994, and December
31, 1999, shall conform to the playground-related standards set forth
by the American Society for Testing and Materials and the
playground-related guidelines set forth by the United States Consumer
Product Safety Commission not later than 15 years after the date
those playgrounds were installed.
(e) For purposes of this section, all of the following shall
apply:
(1) An "entity operating a playground open to the public"
includes, but is not limited to, a church, subdivision, hotel, motel,
resort, camp, office, hospital, shopping center, day care setting,
and restaurant. An "entity operating a playground open to the public"
shall not include a foster family home, certified family home, small
family home, group home, or family day care home, which is licensed
and regulated to meet child safety requirements enforced by the State
Department of Social Services.
(2) "Playground" means an improved outdoor area
designed, equipped, and set aside for children's play that is not
intended for use as an athletic playing field or athletic court, and
shall include any playground equipment, fall zones, surface
materials, access ramps, and all areas within and including the
designated enclosure and barriers.
(f) Operators of playgrounds in child care centers regulated by
the California Department of Social Services (CDSS) pursuant to Title
22 of Division 12 of Chapter 1 of the California Code of Regulations
and facilities operated for the developmentally disabled, shall
comply with the requirements established in this section.
(g) (1) No state funding shall be available for the planning,
development, or redevelopment of any playground, unless the
playground, after completion of the state-funded project, will
conform to the requirements of subdivision (a) or (b), as applicable.
However, where state funds have been appropriated to, or allocated
for, a playground project prior to the effective date of this section
but the section becomes effective prior to the completion of the
project, that funding shall be maintained, as long as the playground
is altered to conform to the requirements of subdivision (a) or (b),
as applicable, to the extent the alterations can be made without
adding significantly to the project cost.
(2) After the date by which an entity is required to conform its
playground to satisfy requirements of this section, no state funding
shall be available for the operation, maintenance, or supervision of
the playground unless the playground conforms to the applicable
requirements of the section.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.