SECTIONS 115775-115800 - California Statutes

HEALTH AND SAFETY CODE

SECTION 115775-115800

115775. (a) No state funds shall be used by any state agency,
onsite employee child care center for state employees, city, county,
city and county, district, superintendent of schools, school
district, or community college district to purchase wooden playground
or recreational equipment where there is a likelihood of contact by
children and when the equipment has been treated with any of the
following substances:
(1) Pentachlorophenol.
(2) Creosote.
(3) Arsenic, elemental arsenic, or arsenic copper combination,
unless the wood is treated with a nontoxic and nonslippery sealer and
the seller certifies that the wood is treated in accordance with
commodity standard C-17 for playground equipment as adopted by the
American Wood-Preservers Association.
(b) The state or any city, county, city and county, district,
superintendent of schools, school district, community college
district, or onsite employee child care center for state employees
that receives education or parks and recreation funds from the state
shall not use any portion of these funds for the maintenance or
upkeep of any wooden structures treated with any of the substances
that are prohibited from purchase pursuant to subdivision (a) and
where there is a likelihood of contact by children, unless the state,
city, county, city and county, superintendent of schools, school
district, district, community college district, or onsite employee
child care center for state employees treats the wooden structures
with nontoxic and nonslippery sealers and reseals the treated
structure in accordance with subdivision (c).
(c) The installer of any wooden playground or recreational
equipment that will be available for public use and that has been
treated with a substance listed in paragraph (3) of subdivision (a)
shall seal the structures with a nontoxic and nonslippery sealant
prior to, or at the time of, the installation of the equipment. After
the equipment that is available for public use has been sealed
pursuant to this subdivision, the owner of the equipment shall reseal
the treated equipment every two years thereafter with a nontoxic and
nonslippery sealant.

115800. (a) No operator of a skateboard park shall permit any
person to ride a skateboard therein, unless that person is wearing a
helmet, elbow pads, and knee pads.
(b) With respect to any facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring
any person riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet, elbow pads, and knee pads, and that any person failing to
do so will be subject to citation under the ordinance required by
paragraph (1).
(c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
(d) (1) Skateboarding at any facility or park owned or operated by
a public entity as a public skateboard park, as provided in
paragraph (3), shall be deemed a hazardous recreational activity
within the meaning of Section 831.7 of the Government Code if all of
the following conditions are met:
(A) The person skateboarding is 12 years of age or older.
(B) The skateboarding activity that caused the injury was stunt,
trick, or luge skateboarding.
(C) The skateboard park is on public property that complies with
subdivision (a) or (b).
(2) In addition to the provisions of subdivision (c) of Section
831.7 of the Government Code, nothing in this section is intended to
limit the liability of a public entity with respect to any other duty
imposed pursuant to existing law, including the duty to protect
against dangerous conditions of public property pursuant to Chapter 2
(commencing with Section 830) of Part 2 of Division 3.6 of Title 1
of the Government Code. However, nothing in this section is intended
to abrogate or limit any other legal rights, defenses, or immunities
that may otherwise be available at law.
(3) For public skateboard parks that were constructed on or before
January 1, 1998, this subdivision shall apply to hazardous
recreational activity injuries incurred on or after January 1, 1998,
and before January 1, 2001. For public skateboard parks that are
constructed after January 1, 1998, this subdivision shall apply to
hazardous recreational activity injuries incurred on or after January
1, 1998, and before January 1, 2012. For purposes of this
subdivision, any skateboard facility that is a movable facility shall
be deemed constructed on the first date it is initially made
available for use at any location by the local public agency.
(4) The appropriate local public agency shall maintain a record of
all known or reported injuries incurred by a skateboarder in a
public skateboard park or facility. The local public agency shall
also maintain a record of all claims, paid and not paid, including
any lawsuits and their results, arising from those incidents that
were filed against the public agency. Beginning in 1999, copies of
these records shall be filed annually, no later than January 30 each
year, with the Judicial Council, which shall submit a report to the
Legislature on or before March 31, 2011, on the incidences of
injuries incurred, claims asserted, and the results of any lawsuit
filed, by persons injured while skateboarding in public skateboard
parks or facilities.
(5) This subdivision shall not apply on or after January 1, 2001,
to public skateboard parks that were constructed on or before January
1, 1998, but shall continue to apply to public skateboard parks that
are constructed after January 1, 1998.
(e) This section shall remain in effect until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, enacted
before January 1, 2012, deletes or extends that date.

115800. (a) No operator of a skateboard park shall permit any
person to ride a skateboard therein, unless that person is wearing a
helmet, elbow pads, and knee pads.
(b) With respect to any facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring
any person riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet, elbow pads, and knee pads, and that any person failing to
do so will be subject to citation under the ordinance required by
paragraph (1).
(c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
(d) This section shall become operative on January 1, 2012.