2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 1A - Safe Fields and Playgrounds › § 10–171.04. Annual testing

§ 10–171.04. Annual testing.
(a) The Department of General Services ("DGS") shall conduct an annual g-max test on all fields and sport surfaces in a public recreational space with surfaces composed of synthetic materials, with tests occurring at least once in June or July of each year.
(b)(1) Within 90 days after April 11, 2019, DGS shall establish protocols for the testing of a field or sport surface in a public recreational space as described in subsection (a) of this section. Under these protocols, a field or sport surface in a public recreational space shall be considered failing if the synthetic material would be prohibited under § 10-171.03(b)(1)(B).
(2) DGS shall conduct tests under subsection (a) of this section using the testing practices and equipment recommended by ASTM International. If ASTM International updates its recommendations for testing equipment, DGS shall procure the equipment within one year after the date when ASTM International publishes the update on its website.
(3) DGS shall conduct tests on a field or sport surface in a public recreational space with a surface composed of synthetic materials under subsection (a) in a manner that the tests will minimize interruption of DCPS, DPR, or permitted activities.
(c)(1) If any portion of a field or sport surface in a public recreational space, in whole or in part, fails a test conducted pursuant to subsection (a) of this section, DGS shall take remedial action within 24 hours after receiving the failing test results. If the remedial action is not completed within 24 hours after receiving the failing test result, DGS shall close the affected field or sport surface of the public recreational space to the public. DGS shall not reopen the field or sport surface until the remedial action is completed and the field or sport surface passes a subsequent g-max test.
(2) Within 24 hours after DGS receives a test result resulting in the closure of a public recreational space under this section, DGS shall send the test results and a remediation plan to the following:
(A) The Chief Operating Officer of DCPS, if the public recreational space is owned or maintained by DCPS; or
(B) The Director of DPR, if the public recreational space is owned or maintained by DPR.
(3) Within 2 business days of receiving a test result resulting in the closure of a public recreational space under this section, DGS shall:
(A) Publish notice on the DGS website; and
(B) Post a conspicuous sign at the public recreational space that clearly communicates information about the closure of the space, including:
(i) The reason for the closure,
(ii) The date and nature of any planned remediation efforts, and
(iii) Contact information for a DGS employee responsible for addressing questions about the remediation.
(Apr. 11, 2019, D.C. Law 22-293, § 5, 66 DCR 1701.)
Applicability
Section 7133 of D.C. Law 24-167 amended section 7169 of D.C. Law 23-16 removing the applicability provision impacting this section. Therefore the creation of this section by section 5 of Law 22-293 has been implemented.
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 the creation of this section 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).