ASTM F1487, the Standard Consumer Safety Performance Specification for Playground Equipment for Public Use, has gone through numerous revisions since it was first published in 1993 — most recently as ASTM F1487-25. Accessibility provisions that once lived in their own standalone section have long since been integrated throughout the standard, placed within the specific sections where they apply.
The current standard states that playgrounds shall comply with the ADA Standards for Accessible Design (2010), specifically Sections 240 and 1008, which cover play areas. These requirements have been mandatory since March 2012. The CPSC also released a major update to its Public Playground Safety Handbook in July 2025 — its first major revision since 2010 — bringing its guidance into closer alignment with current ASTM standards. But that doesn't really tell the whole story. You have to dig deeper.
A couple of years ago, I inspected a church playground and informed the church that it had to comply with the accessibility requirements, meaning it needed to provide an access ramp into the play area. The play equipment had a transfer platform, but there was no ramp into the loose-fill surfacing. I asked the church officials why they paid for the access component if they did not think they had to comply with the access requirements. They did not have an answer but insisted that they were not required to comply. I thought I knew it all, but decided I was going to prove it to them, so I started researching it and wound up on the Department of Justice website.
I did not find anything specifically about playgrounds in churches, but I did find a Department of Justice publication called, “Commonly Asked Questions About Child Care Centers and the ADA” that answered the question. It says privately run child care centers must comply, but child care centers that are actually run by religious entities are not covered by Title III. Many churches, mosques, and synagogues lease property to private child care centers, but these facilities are considered public and must comply. However, facilities owned and operated by the church for church activities may not be required to comply. I had to agree that the church customer was right, but I strongly recommended that they comply anyway. I asked them if they restricted disabled people from being members of their church community and told them, “It is the right thing to do.”
I also inspect a lot of playgrounds in Home Owners Associations, and I have always believed that HOAs had to comply with ADA, so when one of my clients resisted my requirement that they provide an access ramp into the play area, once more I set out to prove I was right and they were wrong, but this time it wasn’t so easy.
I did not find a nice little Department of Justice publication. I did find several articles written by HOA attorneys who represent HOA. The basic information that most of them share with their clients is that the ADA is a civil law that applies to places of public accommodation, but that Homeowners Associations are, in general, private entities.
An HOA may have areas that are open to the public, such as a pool, golf course, the leasing office, and yes, the playground. These facilities fall under the requirements of the ADA if they are open to the public. I was not satisfied. I wanted to hear it directly from the Department of Justice, so I called the DOJ hotline and confirmed that Home Owners Associations were not covered by ADA, but that they are covered by Housing and Urban Development, and they have their own rules about accessibility.
This is not a simple matter; it is complicated by individual state laws and other issues. Is the HOA a gated community where you have to be a member or invited in, or is it an open subdivision that anyone can drive through without knowing they are in an HOA? Is the playground fenced and/or signed to limit access to members only? If the HOA is not a gated community and the playground is not fenced or signed, that park might be considered a public access park.
This is not a black and white issue. It is always better for the church or HOA to comply because their facilities may be judged to be places of public accommodation. Even if they are not required to comply, they still may have members of their community who need the assistance.
In California, our Playground Safety Regulations require all playgrounds open to the public to comply with all ASTM Playground Safety Specifications and all CPSC Playground Guidelines.
The regulations specifically include church playgrounds but do not mention HOA. It lists entities that are not required to comply, but does not list HOA. I always strongly recommend compliance, but I understand that it is not always required.
My inspection report may say something like the play equipment complies, but the accessibility may not be required, and leave that decision up to the customer.
Remember, when you think you know it all, you don’t.
Add new comment