Issue link: https://read.dmtmag.com/i/245905
48 • FEBRUARY 2014 • WORLD FENCE NEWS Safety fencing is limited by outdated codes We've Gained Weight .... BY DR . ARTHUR H . MITTELSTAEDT, JR ., ED . D , CHAIRMAN , INSTITUTE FOR SAFETY AND PREPAREDNESS , LTD . but it's ALL MUSCLE! 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It is to these efforts that Committee F14 on Fences of ASTM has accepted the challenge to provide fencing standards that meet these needs. The F14 Committee completed a five year effort to update the standard for residential pool fences, which then lead to a proposal for a non-residential public pool fence standard. The National Spa and Pool Institute also embarked upon an ANSI standard for pool barriers. The F14 Committee has completed a playground fencing standard, tennis court fencing standard and other recreation and sports facility fencing standards. The playground fencing standard update has been underway in task group work. The standard now contains specifications for the perimeter height spacing, such as 4" between vertical pickets, latch placement, vehicle intrusion impact strength and many other aspects of fencing. It is applicable to all public playgrounds, fast food playgrounds, day care playgrounds, school playgrounds, apartment complex playgrounds and other locations. It has excluded the single-family home units unless the playground is in the common area. The placement also excludes play spaces 50 feet or more from a road, path, activity area or other hazardous conditions. The effort to establish playground fence standards relates to different problems such as going through fences, climbing over fences or other similar activities to prevent injuries. It was determined that the BOCA National Building Code did not specifically address such public area fencing as such for playgrounds. The present fence opening limitations are related to buildings plus public garages and open parking garages which require that open guards shall have balusters or other construction such that a sphere with a diameter of 4" cannot pass through any opening. Further review of another National Building Code indicated that the Uniform Building Code by ICBO indicated that a similar section 17-11 of the 1988 code called for no more than a 6" sphere passing through, which was changed in 1991 to a 4" sphere in section 17.12a for guard rails and section 33.061, and again in the 1994 and 1997 codes. By creating a maximum opening size in the fencing around a playground a child squeezing into or out of a play environ can be prevented. For example, in a recent jury verdict on an action that came before a Court of Common Pleas for a trial by jury, the decision which was ordered and adjudged was in favor of the plaintiff. Mr. Leonard Griffin was injured when he scaled a six-foot vertical picket fence to retrieve a neighbor's child who slipped between pickets spaced 5-3/4 plus inches, adjacent to a parking lot and driveway. The jury found that the plaintiff proved by a preponderance of the evidence that the international corporation was negligent, even though it found that the plaintiff was apportioned 40 percent of the negligence, which proximately caused his injuries. What was a very significant conclusion is that the jury attached a statement of verdict. The jury foreperson wrote on behalf of the jury the following order: "Due to the fact that this case was based primarily on safety issues regarding all play areas, we the jury strongly recommend that ____ Corporation, Inc. and/or owner/operators modify all playground fencing, to include narrowing the fence spacing to four inches or less, or other adequate modifications that utilize current technologies. We believe that these modifications should be completed as soon as humanly possible, or within two years. We also recommend that signage be placed on all fencing (not conforming to the above recommendations) that there is a danger to children of all ages passing through the fencing. We also recommend that ____ Corporation, Inc. and all owner/operators utilize their community service program to make citizens aware of those dangers involved in playground/play place fencing and educate parents and children on playground safety. These recommendations have been made in lieu of larger monetary awards, so that those monies may be used toward modifications of fencing." The plaintiff, Mr. Griffin, expressed enthusiasm that such a very simple hazard which can cause injuries and fatalities must be corrected at this property and all other corporate properties, as well as other fast food company properties and other publicly used properties. Playgrounds and other such publicly used grounds must comply with the various codes and continued on page 50