State Playground Licensing Requirements

There remains confusion among many playground owners and others in the playground industry regarding the need for playground construction laws in America. You may feel overwhelmed by the need for licenses regarding so many things in life, ranging from driving a car and operating heavy machinery to simply talking on an amateur radio frequency. The list is extensive.

The need for a license to install playground equipment is just one more. You may be a volunteer trying to make a difference in your community by helping out with installing a much-needed playground. Are you aware of the laws in your state regarding the construction of playgrounds? 

CPSC and State Licensing

First, you must understand that Consumer Product Safety Guidelines and ASTM standards are not federal laws, even though some states such as California have adopted playground CPSC guidelines as state laws. When we refer to “playground laws,” we are generally referring to individual state requirements for building playgrounds. As with many other things, they vary from state to state. These laws could include playground requirements like CPSC, occupational licensing, or contractor laws. 

They’re not discriminating against the playground industry—these laws are generally found under occupational and professional licensing and are part of the state’s licensing that would include regulation of all trades. In fact, 28 states in America require some type of licensing or registration to legally build playgrounds in their states (see map).

For example, the Utah Contractors Reference Manual conveys it very well: “A major purpose of licensing is to protect the public health and safety by preventing unqualified people from practicing a given profession or occupation.” The manual also notes that licensing is a way of formally and legally defining a profession. “It gives a way to include in practice those who meet predetermined standards necessary for protecting the public.”

Licensing is a necessary sieve that screens contractors, filtering out those who don’t have the qualifications necessary for safe practices.

For those who dodge the law, it provides a mechanism for investigating incompetent contractors, and it sets standards of practice and codes of conduct. If you contract without a license, you may be guilty of misdemeanor charges.

Contractors Wear Many Hats

Licensed contractors have their work cut out for them because they can’t just be good at installing playground equipment. They wear many different hats for many different duties. Generally speaking, today’s contractors must be organizers and managers. They must be able to administrate their business, learn and grow with the industry, and manage numbers, money, and people.

First, they must be able to handle one of the most expensive parts of owning a business—insurance. This includes liability insurance, workers' compensation, vehicle insurance, tool insurance, and other required services and fees such as permits and bonding. Contractors must be financially capable of managing a construction project and paying for help and supplies.

Besides being good with numbers they must be recorders, thoroughly documenting the events that take place at a construction site. People skills are a must. Contractors have to work in unison with owners, general and sub-contractors, inspectors, and others involved in the construction project. They may not need to be attorneys, but they do need to understand lien, labor, tax, and disability laws as well as employment regulations. 

Safety rules and regulations are also a big part of the construction industry. There are federal safety requirements, state safety requirements, hazardous chemicals, first aid, and safety training that all must be understood and incorporated into day-to-day activities.

Contractors must understand contractual relationships because most construction projects require contractors as well as subcontractors. Understanding the contract and executing the contract are chores requiring attention to detail and intricate planning. Much like middle management at a large corporation, contractors are also project managers. They are required to bid and quote projects, schedule products and workers, supervise day-to-day operations, and produce results while working around other trades.

So what about volunteers, such as Eagle Scout candidates, who want to install playgrounds in states that require licensing? Understanding the laws of the state you’re working in is essential. It may be illegal in some states for volunteers to build playgrounds, but there may be exemptions. For example, number 58-55-305 of Utah’s code states that government employees are exempt from licensing if they install for the entity for which they work.

Licensing laws are there for a reason and need to be taken seriously. If the work is being performed by unlicensed individuals and problems arise, there may be serious consequences should litigation occur. Always check the references, insurance, and certifications of playground builders. State construction laws are there to protect the public, and it is your duty to obey them.

Licensing requirements for playground contractors vary from state to state

This contact list for each state will aid the contractor and the public in discovering these requirements.