In multi-family buildings that receive construction permits after April 1, 2024, playgrounds will be subject to new regulations in the Building Law, according to the ordinance of the Minister of Development and Technology dated October 27, 2023, amending the regulation on the technical conditions that buildings and their locations should meet.
Playground equipment is considered elements of small architecture, and thus, they are considered as building objects according to Article 3 of the Building Law. They are subject to the provisions of this law as well as new technical regulations coming into force in 2024. Will there be a revolution in the design and construction of playgrounds, or is it an expected specification of regulations?
The regulation clearly defines which buildings require a playground and its minimum size. Additionally, beyond the playground, it introduces the obligation to create recreational areas, but it does not specify their size. In the case of a single multi-family residential building or a complex of buildings with more than 20 apartments, a playground is required. However, there are exceptions to this rule concerning buildings where a publicly accessible playground already exists in close proximity. An additional solution in the absence of space for a playground outside the building is to create a playroom inside the building, but this applies only to cases where the building is located in downtown areas.
The regulation specifies the minimum area of the playground depending on the number of apartments in the building or complex of buildings. It ranges from 21-50 m² for 21 to 50 apartments, 50 m² for 51 to 100 apartments, 51 to 150 m² for 101 to 300 apartments, and 200 m² for larger structures. This area can be divided into two or more smaller playgrounds, but each of them must have an area of not less than 50 m².
A novelty in the regulation is that both the playground and the recreational area must be adapted for people with special needs. For architects and developers, this means the necessity of selecting appropriate equipment and designing communication paths in such a way that people with special needs can move freely in these areas and use selected equipment. The regulation does not specify whether special needs refer to children or adults, so there is some flexibility in interpretation. It would be most sensible to provide both play equipment that meets such requirements and recreational equipment adapted for people with special needs.
In the case of integrated playgrounds, the focus should be on equipment easily accessible from ground level, such as educational panels, manipulative panels, games, equipment with additional handrails, and sound equipment for the visually impaired. Another group of equipment includes those equipped with ramps facilitating access to higher levels of playsets. For young children, individuals with paralysis, and those with mobility impairments, equipment requiring assistance to use can be proposed, yet they can still be considered friendly to people with special needs, such as a swing in the form of a stork's nest or a disc carousel with wheelchair access.
Outdoor gyms have become very popular and are a common feature of recreational areas. They are most often used by seniors and adults. There are also gyms dedicated to children under 140 cm tall. For more advanced users, street workout equipment, such as outdoor calisthenics, is proposed. Some equipment in outdoor gyms and for street workouts may also meet the requirements of integrative equipment and serve a wider group of users, such as tai chi wheels, parallel bars, pulling and pushing devices with additional handrails.
People with special needs include those with disabilities, older adults, or other individuals with permanently or temporarily limited mobility or perception abilities, such as individuals using crutches, prosthetics, walkers, wheelchairs, weak, sick, deaf, visually impaired, deaf-mute, individuals with manual and cognitive difficulties, individuals with strollers, heavy luggage, etc. This group also includes individuals with disabilities in mobility, perception, or with limited cognitive abilities. It is worth noting that not only people with disabilities have special needs, but also pregnant women, individuals with children, and older adults.
The legislator imposes the requirement to create recreational areas for multi-family buildings exceeding 20 apartments. However, it does not specify whether such areas must be separate from playgrounds, so we can assume that both combining the recreation zone with the playground and allocating a completely new area are permissible. It is important for recreational areas to be accessible to people with special needs. Equipping recreational areas with elements of small architecture can fit well with the character of the constructed buildings and include elements such as: parametric benches, arbours, park hammocks, chess tables, foosball tables, as well as novelties such as outdoor billiard tables.
The imprecise provision regarding the distance of the playground, sports field, or recreational area from the boundaries separating the street, road, pedestrian-road lanes, windows of rooms intended for human stay, and waste collection areas of at least 10 m may raise doubts about interpretation. Should the 10 m be measured to the fence of the playground, safety zone, or the nearest device? The lack of a clear provision leaves it to the individual assessment by the architect and the architecture department. The most commonly used interpretation is favorable to the developer, assuming that the 10 m is measured to the nearest device, which allows saving several costly square meters or enables the installation of additional play equipment.
It is worth remembering that the playground facing the street or parking lot must be fenced to a height of not less than 1 m, and the gate facilitating access for people with special needs should have a width of 1.2 m. The fence on the side other than the street or parking lot does not have to be permanent, and a hedge may be sufficient.
According to the new guidelines, the playground should be adapted to various age categories of children and provide different play functions. This should be understood in a way that avoids creating several playgrounds and devices only for the youngest children. Although toddlers indeed spend the most time on the playground, and the equipment greatly influences their psychomotor development, they quickly grow, and as 8-10-year-olds, they may not be interested in rocking on a spring horse. In this case, it is worth consulting one's needs with manufacturers offering toys for older children, and even adolescents. Older children expect challenges tailored to their abilities, a higher level of risk, and increased difficulty in overcoming obstacles, so these needs should be taken into account to engage older children in using the playground.
Consider installing equipment on the playground such as: ground trampolines, climbing ropes, mini rope parks, towers connecting climbing elements with slides from a great height, hanging carousels, etc.
The regulation introduces a new requirement regarding a minimum of five children per every 20 m² of the playground. This provision will result in the need to check catalog cards of designed play equipment and sum up their maximum number of users. Let's conduct a quick simulation: for a playground with an area of 100 m², attractions for at least 25 children must be provided, so the developer should choose equipment with a total maximum number of users exceeding 25.
To meet this requirement, it is not enough to install just a swing, a rocker, and a carousel, as such equipment is intended for a small number of children. It seems necessary to use larger sets and more elaborate structures that will offer a large number of play functions in a limited space. High rope pyramids, playground towers, or multifunctional sets with educational and manipulative panels may prove to be excellent solutions.
The design of the playground must take into account the exposure to sunlight of the plot for at least 2 hours on 50% of its area, calculated on the days of equinoxes, between 10:00 a.m. and 4:00 p.m. In downtown areas, sunlight exposure of no less than 1 hour is allowed.
In dense downtown areas, rooftop terraces converted into gardens can be an excellent recreation area for residents, providing a haven with beautiful views of the city or its surroundings. Such spaces can be used as a relaxation zone, offering the opportunity to engage in outdoor sports, reading books, organizing picnics, or even social gatherings.
Now, it is more difficult to adapt rooftop terraces into playgrounds for children. On rooftops located more than 5 meters above the ground, playgrounds are not recommended, and those at a lower height must meet the following conditions:
The regulation provides several exceptions and facilities in special cases. New developments do not have to be equipped with a playground when:
The new technical conditions of building law introduce a number of changes regarding playgrounds in multi-family buildings as a means to combat excessive saving on comfort to achieve the lowest price per square meter of sold apartments. These changes include specifying new requirements for playgrounds and recreational areas in terms of area, accessibility for people with special needs, and functionality. The regulations also include the development of rooftop spaces as potential recreational areas. In the absence of the possibility of creating a playground in an outdoor area, the option of creating playrooms inside buildings has been provided. The new regulations also require access for different age groups and take into account the requirements regarding sunlight exposure of the area. Moreover, the guidelines specify numerous exceptions to the obligation to build playgrounds, but in the pursuit of providing safe and attractive recreational spaces for residents.
Additionally, it should be noted that the introduced changes positively affect the urban community, bringing benefits both to residents and to the urban environment as a whole. We hope that the new regulations will contribute to creating even better living conditions and to the development of recreational spaces, fostering social integration and active leisure time. May these changes be a step towards more friendly, safe, and aesthetic urban environments for all residents.
Marek Starczewski
STARMAX
Tricity manufacturer of playgrounds and outdoor gyms
www.starmax.com.pl
Source: Polish Journal of Laws dated November 9, 2023, item 2442.
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