N.J. Admin. Code § 5:23-7.31

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:23-7.31 - Recreation: equipment

(a) Five percent of all picnic tables, benches, fireplaces, and grills provided, rounded to the next higher whole number, but not less than one, shall be on an accessible route of travel.

1. Such equipment shall be distributed throughout the picnic area to the degree feasible as determined by the topography of the area.

(b) Within each play area on a site:

1. At least 25 percent of the single function play equipment shall be of a type identified by its manufacturer as accessible to and usable by both disabled and non-disabled persons; and

2. At least 25 percent of the play activities of all multi-functional play equipment within each play area on a site shall be of a type identified by its manufacturer as accessible to and usable by both disabled and non-disabled persons.

i. Access onto the multi-functional play equipment may include, but is not limited to, the following:

(1) A ramp that complies with the technical standard adopted within Chapter 11 of the building subcode (N.J.A.C. 5:23-3.14) and that provides a landing at the top and at the bottom that has a minimum width of five feet by five feet;

(2) Transfer point(s) adjacent to transfer platform(s); and

(3) An accessible route that complies with 5:23-7.19, which, because of the topography of the land, leads directly onto the equipment.

ii. Accessibility features, such as ramps and transfer platforms, shall not be considered play functions. Passive activities shall not be considered play functions.

(c) In addition to (b) above, completely inclusive playgrounds shall have elevated play equipment/elements in which at least 50 percent is accessible.

1. Play elements include single-function play equipment, multi-function equipment, changes in topographical elevations that function as elevated play elements, and elements that otherwise meet the standards required by the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

(d) Playground equipment required to be accessible in (b) and (c) above shall be on an accessible route as delineated at 5:23-7.19.

(e) As existing play equipment is replaced in any play area, at least 50 percent of the replacement equipment shall be of a type identified by the manufacturer as usable by both disabled and non-disabled persons until the percentage as specified in (b) and (c) above is met.

N.J. Admin. Code § 5:23-7.31

New Rule, R.1988 d.352, effective 8/1/1988.
See: 19 N.J.R. 1270(a), 20 N.J.R. 1873(b).
Amended by R.1996 d.132, effective 3/18/1996 (operative July 1, 1996).
See: 27 N.J.R. 3870(a), 28 N.J.R. 1505(a).
Recodified from N.J.A.C. 5:23-7.17 and amended by R.1999 d.105, effective 4/5/1999.
See: 30 N.J.R. 2972(a), 31 N.J.R. 852(a).
In (c) and (d), changed N.J.A.C. references throughout.
Amended by R.2002 d.350, effective 11/4/2002.
See: 34 N.J.R. 626(a), 34 N.J.R. 3772(a).
In (c), substituted "its" for "the" preceding "manufacturer" in the introductory paragraph and rewrote 1i.
Recodified from N.J.A.C. 5:23-7.30 and amended by R.2007 d.144, effective 5/7/2007.
See: 38 N.J.R. 4962(a), 39 N.J.R. 1683(a).
In (c)1iii, substituted "that" for "which", and in (c)1iii and (d), updated the N.J.A.C. references.
Former N.J.A.C. 5:23-7.31, Recreation: equestrian facilities, recodified to N.J.A.C. 5:23-7.32.

Amended by 54 N.J.R. 545(b), effective 4/4/2022