Code of the District of Columbia

Chapter 1A. Safe Fields and Playgrounds.


§ 10–171.01. Definitions.

For the purposes of this chapter, the term:

(1) "ASTM International" means the organization formerly know as the American Society for Testing and Materials that develops technical standards for certain materials, products, systems, and services.

(2) "Construction project" means any construction, resurfacing, renovation, equipment replacement, or other similar activity with a contract value greater than $10,000 at a public recreational space.

(3) "DGS" means the Department of General Services.

(4) "DPR" means the Department of Park and Recreation.

(5) "DCPS" means the District of Columbia Public Schools.

(6) "G-max test" means any method for measuring the shock-attenuation performance of a field or sport surface.

(7) "Improvement" means any installed or constructed surface or structure at a public recreational space.

(8) "Public recreational space" means a park, dog park, playground, spray park, athletic field, or other space used for recreational activities that is owned or maintained by the District.

(9) "Public Recreational Space Master List" means a master list of all public recreational spaces in the District.


(Apr. 11, 2019, D.C. Law 22-293, § 2, 66 DCR 1701.)


§ 10–171.02. Public Recreational Space Master List.

(a) By June 1, 2019, DGS, with assistance from DPR and DCPS, shall:

(1) Create the Public Recreational Space Master List, which shall include for each public recreational space:

(A) The address of the public recreational space;

(B) The District agency or agencies that own or maintain the public recreational space;

(C) A list of the synthetic materials of which any improvements to the public recreational space are composed;

(D) The date of installation or construction of any improvements to the public recreational space;

(E) The natural life, according to manufacturer specifications or, where the manufacturer specifications are not available, industry standards, of any improvements to the public recreational space;

(F) The results of tests conducted pursuant to § 10-171.04; and

(G) The anticipated date of the next tests to be conducted pursuant to § 10-171.04 at the public recreational space; and

(2) Publish the Public Recreational Space Master List on the DGS website.

(b) DGS shall update the Public Recreational Space Master List within 30 days after the completion of a construction project or receipt of final results from testing at a public recreational space conducted pursuant to § 10-171.04.


(Apr. 11, 2019, D.C. Law 22-293, § 3, 66 DCR 1701.)


§ 10–171.03. Assessment of synthetic materials.

(a)(1) The Department of Energy and the Environment and the Department of Health shall conduct a study assessing the safety of all synthetic materials currently used in construction at District public recreational spaces. The study shall identify whether a synthetic material:

(A) Contains known carcinogens or other toxins, and whether the synthetic material poses a health risk if it is ingested, inhaled, or comes into contact with a person's skin or eyes;

(B) Meets ASTM International standards for shock-attenuation, where the synthetic material is used for surfacing; or

(C) Can, under normal weather conditions as determined by DGS, exhibit ambient or surface temperatures that cause burns, dehydration, heat stroke, or heat exhaustion.

(2) The Mayor shall transmit the results of the study to the Council within one year after April 11, 2019.

(b) Within 30 days after the Mayor transmits the study to the Council, DGS shall:

(1) Prohibit all District employees, contractors, and subcontractors from using a synthetic material in a construction project at a public recreational space if the synthetic material:

(A) Poses a serious health risk when it is ingested, inhaled, or comes in contact with a person's skin or eyes; or

(B) Scores a g-max test value that is greater than or equal to the standard for shock-attenuation set by ASTM International, when the synthetic material is maintained in accordance with manufacturer standards;

(2) Issue notice to all contractors or subcontractors bidding on or holding a construction project contract with the District of those synthetic materials banned pursuant to paragraph (1) of this subsection; and

(3) Publish on the DGS website:

(A) A list of all synthetic materials approved for use, including the following information for each synthetic material:

(i) Manufacturer material product sheets or similar documentation;

(ii) The concentration of any known toxins, including lead, cadmium, chromium, mercury, tin, and zinc;

(iii) An assessment of the risk to human health posed by the synthetic material, including:

(I) Through eye or skin contact, ingestion, or inhalation; and

(II) Any known carcinogenic properties;

(iv) Data on the synthetic material's flammability;

(v) Maintenance or other service requirements to ensure quality control of the synthetic material;

(vi) Any other hazards posed by the synthetic material under regular use; and

(vii) Any precautions needed for the synthetic material; and

(B) A list of all synthetic materials that DGS has prohibited for use pursuant to paragraph (1) of this subsection, that shall include the basis upon which DGS has prohibited the synthetic material, including any test results, studies, or other documentation used by DGS to make its determination.

(c) Neither DGS nor any contractor or subcontractor holding a contract with the District shall be permitted to use a synthetic material in a construction project unless it has been approved for use pursuant to subsection (b)(3)(A) of this section.

(d) Within 180 days after the Mayor transmits the study to the Council required in subsection (a) of this section, DGS shall transmit to the Council:

(1) A list of all public recreational spaces that are composed, in whole or in part, of synthetic materials prohibited pursuant to subsection (b)(1) of this section, including a description of the health or safety risk posed by the synthetic material in use at the public recreational space; and

(2) A remediation plan for the removal of the synthetic material from each public recreational space, including the anticipated period of time that the public recreational space will be closed to public use, if any.

(e) Not Funded.

(f) Not Funded.

(g) Not Funded.

(h) Not Funded.


(Apr. 11, 2019, D.C. Law 22-293, § 4, 66 DCR 1701; Mar. 16, 2021, D.C. Law 23-233, § 3, 68 DCR 001128.)

Applicability

Applicability of D.C. Law 23-233: § 4 of D.C. Law 23-233 provided that the change made to this section by § 3 of D.C. Law 23-233 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 10–171.04. Annual testing. [Not Funded]

Not Funded.


(Apr. 11, 2019, D.C. Law 22-293, § 5, 66 DCR 1701.)

Applicability

Applicability of D.C. Law 22-293: § 7169 of D.C. Law 23-16 provided that the creation of this section by § 5 of D.C. Law 22-293, is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) delayed applicability of this section, see § 7169 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) delayed applicability of this section, see § 7169 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).


§ 10–171.05. Study of unsafe surface and ambient temperatures at public recreational spaces. [Not Funded]

Not Funded.


(Apr. 11, 2019, D.C. Law 22-293, § 6, 66 DCR 1701.)

Applicability

Applicability of D.C. Law 22-293: § 7169 of D.C. Law 23-16 provided that the creation of this section by § 6 of D.C. Law 22-293, is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) delayed applicability of this section, see § 7169 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) delayed applicability of this section, see § 7169 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).


§ 10–171.06. Contracting best practices.

DGS shall adhere to industry best practices regarding solicitation of and entering into a contract for a construction project in a public recreational space. This shall include prioritizing maintenance contract proposals that would not void existing warranties.


(Apr. 11, 2019, D.C. Law 22-293, § 7, 66 DCR 1701.)


§ 10–171.07. No private right of action against the District.

Nothing in this chapter shall create a private right of action against the the District or its officers, employees, agents, representatives, contractors, successors, and assigns based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this section in any civil, criminal, or administrative action against the District.


(Apr. 11, 2019, D.C. Law 22-293, § 8, 66 DCR 1701.)