Abstract
If we get this right, we walk into the construction phase with three wins at once.
First, we close the roughly $150,000 funding gap left by the Board of Education without asking anyone for more money, by reducing the footprint and unit cost of the most expensive material in the project.
Second, we replace most of the poured-in-place rubber surface with materials that have substantially lower exposure to lead, PAHs (polycyclic aromatic hydrocarbons, a family of compounds linked to cancer), and 6PPD-quinone (a tire-derived chemical that EPA is currently moving to regulate). We protect the kids who will use this playground for the next twenty years from chemistry we already know we don’t want them on.
Third, if we obtain a written interpretation from the Department of Environmental Protection (DEP) confirming that cork-based unitary surfacing and bonded engineered wood fiber are acceptable, Fair Haven becomes the precedent that lets every other small NJ town stretch the same Jake’s Law dollars further. That is exactly what the law was written to do.
The two problems we have to solve
Problem 1. Cost. The McCarter Park inclusive playground is publicly reported at roughly $1.122 million, and the working budget has been described at $1.2 to $1.3 million. The Board of Education has indicated it cannot meet its previously expected $150,000 contribution. Unitary surfacing (the smooth, bonded ground material the law requires) is the single largest discretionary line in the budget. Any solution that makes the project more expensive is dead on arrival. We need solutions that hold the line or reduce the cost.
Problem 2. Chemistry. Standard poured-in-place rubber, the default material the design currently calls for, is built from recycled tire crumb (styrene-butadiene rubber) bonded with polyurethane. Independent testing has repeatedly found lead in tire-crumb playground surfaces at concentrations many times higher than the EPA limit for soil at child-occupied sites. The same material category contains PAHs at levels regularly exceeding EU consumer-product limits, plus 6PPD and its oxidation product 6PPD-quinone, which are now under active EPA rulemaking. Maryland banned new playground surfaces with intentionally added PFAS (per- and polyfluoroalkyl substances, the “forever chemicals” associated with cancer and developmental harm) in October 2024. New York’s equivalent ban takes effect January 2027. New Jersey has not acted yet, but the direction of regulation is clear. We should not be pouring this material under our own kids in 2026 if we have alternatives.
The two levers we can pull
These are not either-or. The biggest wins come from combining them.
Lever 1. Shrink the unitary footprint to what the rule actually requires.
The relevant regulation is N.J.A.C. 5:23-11.4(e)(2). The literal text, as adopted by the NJ Department of Community Affairs in April 2022, says: “Unitary surfacing shall be provided in areas surrounding the playground equipment and on pathways to playground areas that are not connected.”
This is narrower than the rule was originally proposed. The original draft said “all areas of the playground.” DCA softened it in response to public comments from the Mayor of Woodbine Borough and the NJ Recreation and Park Association, and explicitly stated in the adoption notice that the rule does not require unitary surfacing in areas outside the immediate play areas and pathways.
In plain English. We are required to put unitary surfacing under and around the equipment (the safety use zones) and on the pathways connecting them. Everywhere else, including perimeter areas, quiet-play zones, sensory features that are not fall hazards, and decorative areas, can use other ADA-compliant ground covers including engineered wood fiber.
If the current design has unitary surfacing covering the full play-area footprint rather than just the safety zones plus pathways, this lever alone could reduce the unitary square footage by 40 to 60 percent.
Lever 2. Switch the unitary material to something cheaper, cleaner, or both.
Three credible options exist. They differ in cost and in how confident we can be that DEP will accept them.
Cork-based poured-in-place (Corkeen by Amorim). Cork granules bound with aliphatic polyurethane. Independently tested by the manufacturer to be free of heavy metals, formaldehyde, PAHs, and the chemical disruptors that drive most of the concern with rubber surfaces. ASTM F1292 (impact attenuation) and F1951 (wheelchair accessibility) certified, which are the two safety and access standards that matter for the law. Adopted by Amherst, Massachusetts for an elementary school playground in October 2025 after review by their School Committee, Board of Health, and Conservation Commission. Higher per-square-foot cost than rubber PIP, roughly 1.5 to 2 times. The closest certified installer is Safety Turf in Royersford, Pennsylvania.
Bonded engineered wood fiber. Virgin wood fiber bonded at the surface with a polyurethane resin. Dramatically cleaner chemistry than rubber. Cheaper per square foot than cork PIP and likely cheaper than rubber PIP as well. Tested and shown to meet ASTM F1951 wheelchair accessibility. The open question is whether DEP reads bonded EWF as a unitary surface within the meaning of N.J.A.C. 5:23-11.4(e)(2). Reasonable readings could go either way, which is why we need to ask explicitly.
Standard poured-in-place rubber. The default. Widely accepted by DEP. Highest chemistry concern. Most expensive of the three on a per-square-foot basis at the inclusive-spec level.
A note on a fourth option discussed earlier in research. Bonded rubber mulch is essentially the same SBR-and-polyurethane chemistry as PIP, just without the colored top coat. It is cheaper than PIP but not chemically meaningfully different. It does not solve Problem 2, so it should not be in the design.
Combining the levers
The strongest configuration uses both levers at once. Roughly:
- Cork PIP (or bonded EWF, if accepted) only in the safety use zones and connecting pathways.
- Loose-fill engineered wood fiber, IPEMA-certified and CCA-free, in non-safety perimeter and quiet-play areas.
Per-square-foot ranges for planning purposes. Final numbers to be confirmed by the design team.
| Material |
Approx. installed cost |
Chemistry profile |
| Loose-fill engineered wood fiber |
$2 to $4 / sq ft |
Cleanest. Verified CCA-free virgin wood. |
| Bonded engineered wood fiber |
$5 to $9 / sq ft |
Very clean. Polyurethane binder at surface only. |
| Cork PIP (Corkeen) |
$25 to $35 / sq ft |
Clean. Cork plus polyurethane binder, no rubber. |
| Standard rubber PIP |
$15 to $25 / sq ft |
High concern. SBR tire crumb plus polyurethane. |
We do not yet have confirmed total square footage, safety-zone square footage, or the exact dollar amount currently allocated to PIP rubber in the working budget. Those numbers come from the borough engineer and the playground designer. The math, however, runs in our favor at any reasonable footprint. Even a moderate footprint reduction combined with a partial substitution to bonded EWF could close the entire $150,000 gap and improve the chemistry profile across the playground in the same move.
What is blocking us
Both levers depend on a written interpretation from DEP Green Acres, the agency that administers the Jake’s Law grant. There is no formal waiver process, but there is a clear path. Ask the program for a written interpretation that confirms (a) the literal language of the rule limits required unitary surfacing to safety zones and connecting pathways, (b) that cork PIP qualifies as unitary surfacing, and (c) that bonded EWF qualifies as unitary surfacing. Each “yes” unlocks a different combination of cost and chemistry improvement. The first one alone, even without any change of material, materially helps us.
DEP has done this before. The 2022 narrowing of the rule was itself the result of a thoughtful public comment from a small-borough mayor. We are asking the agency to do the same kind of clarification it has done in the past, in service of the same statutory goal.
The plan. Two tracks, in parallel.
We do not have time to run these sequentially. Both must start the same week.
Track A · Gating dependency
DEP interpretation request
- Send the written request to DEP Green Acres (draft letter in the appendix). Cc DCA Code Assistance.
- Request a co-signature or parallel inquiry from Senator Vin Gopal’s office. Senator Gopal represents Legislative District 11, which includes Fair Haven, and his office can move a written interpretation request through DEP faster than a municipal letter alone. District office, 766 Shrewsbury Avenue, Suite 100, Tinton Falls, NJ 07724, (732) 695-3371.
- Target turnaround, 30 to 45 days. If we have not heard back in 21 days, escalate through Senator Gopal’s office and through the NJ League of Municipalities (Ciara Bradley, cbradley@njlm.org).
Track B · Cost validation
Designer engagement
- Ask the playground designer for the current footprint breakdown. Total play-area square footage, safety-use-zone square footage by equipment piece, and connecting-pathway square footage.
- Ask the designer to price three alternative configurations at the per-square-foot ranges above. Conservative, standard rubber PIP only in safety zones and pathways with EWF outside. Balanced, bonded EWF in safety zones and pathways with loose EWF outside, contingent on DEP saying yes to bonded EWF. Premium chemistry, cork PIP in safety zones and pathways with loose EWF outside, contingent on DEP saying yes to cork PIP.
- Ask the designer whether the safety-zone footprint can be tightened further by equipment selection or layout adjustments that reduce required use-zone area.
Decision point
Once we have both DEP’s written interpretation and the designer’s three priced configurations, the choice between them is a one-evening conversation. The headline outcome we are aiming for is simple. Less unitary surface. Cleaner unitary material. Lower or neutral total cost. The $150,000 BOE shortfall closed without going back to the BOE.
Why DEP should agree
This is the framing for both the letter and any conversations with Senator Gopal’s office or DEP staff.
Jake’s Law was passed to get more inclusive playgrounds built. The law requires unitary surfacing because unitary surfaces give wheelchairs and adaptive equipment a stable, smooth path. The law does not name a specific material, and the regulation that implements it explicitly limits the unitary requirement to safety zones and connecting pathways.
When the de facto interpretation of “unitary” defaults to the most expensive available material across the entire playground footprint, two things happen. Inclusive playgrounds become unaffordable for smaller and less-wealthy towns, which is the opposite of what the law intended. And the playgrounds that do get built are surfaced with material we now have credible reason to believe is exposing kids to lead, PAHs, and 6PPD-quinone. Neither outcome serves the children Jake’s Law was written for.
A clear DEP interpretation that affirms (a) what the rule actually says about footprint, and (b) which cleaner unitary materials qualify, helps every Jake’s Law project across the state. Fair Haven’s $150,000 gap is the immediate problem. The interpretation we are asking for is the structural fix.
Appendix · Draft letter to DEP
The draft below is intentionally narrow. It asks for a specific written interpretation, in service of the law’s stated purpose, and references the agency’s own 2022 precedent. It can be edited by the borough attorney, the engineer, and Senator Gopal’s office before it goes out.
Borough of Fair Haven
Office of the Mayor
[Date]
Cecile Murphy
Chief, Local and Nonprofit Assistance
Green Acres Program
NJ Department of Environmental Protection
Mail Code 501-01, P.O. Box 420
Trenton, NJ 08625
cc. Martha Sullivan Sapp, Director, Green Acres Program
cc. codeassist@dca.nj.gov, NJ Department of Community Affairs
cc. Hon. Vin Gopal, NJ Senate, District 11
Re. Request for written interpretation, McCarter Park Completely Inclusive Playground (Jake’s Law Pilot Funding), N.J.A.C. 5:23-11.4(e)(2)
Dear Ms. Murphy,
The Borough of Fair Haven was awarded Jake’s Law Pilot Funding in 2025 for the Completely Inclusive Playground at McCarter Park, a project that serves Sickles Elementary School directly across the street and the broader Fair Haven community. We are committed to the spirit and the letter of Jake’s Law and to delivering an inclusive, ADA-compliant facility that serves children of all abilities.
We write to request a written interpretation from the Green Acres Program on three related points. The interpretation will materially affect our final design and procurement, and our intent is to proceed in a manner the program has affirmatively confirmed.
First, the scope of the unitary surfacing requirement. N.J.A.C. 5:23-11.4(e)(2), as adopted in April 2022, provides that “Unitary surfacing shall be provided in areas surrounding the playground equipment and on pathways to playground areas that are not connected.” The 2022 adoption notice, in response to comments from the Borough of Woodbine and the NJ Recreation and Park Association, stated that the rule does not require unitary surfacing outside the immediate play areas and pathways. We seek written confirmation that, for purposes of Jake’s Law funding, a Completely Inclusive Playground complies with the unitary-surfacing requirement when unitary surfacing is provided in the equipment safety use zones and on connecting accessible pathways, and when ADA-compliant alternative ground cover (such as IPEMA-certified, ASTM F1951-compliant engineered wood fiber) is used in non-safety, non-pathway areas of the playground.
Second, cork-based poured-in-place surfacing as a unitary material. We seek written confirmation that cork-based poured-in-place surfacing systems (for example, Corkeen by Amorim), when independently certified to ASTM F1292 for impact attenuation and ASTM F1951 for wheelchair accessibility, qualify as unitary surfacing under N.J.A.C. 5:23-11.4(e)(2). Cork-based systems are continuous, bonded, and seamless, and meet the safety and accessibility performance standards that the unitary-surfacing requirement exists to ensure.
Third, bonded engineered wood fiber as a unitary material. We seek written confirmation regarding whether bonded engineered wood fiber systems, when certified to ASTM F1292 and F1951, qualify as unitary surfacing under N.J.A.C. 5:23-11.4(e)(2). These systems present a continuous bonded surface and meet the relevant safety and accessibility performance standards.
We note for context that recent independent testing of poured-in-place rubber playground surfaces has identified concentrations of lead, polycyclic aromatic hydrocarbons, and tire-rubber-derived compounds (including 6PPD and 6PPD-quinone, currently the subject of EPA rulemaking) at levels of concern for child health. Maryland and New York have enacted statutory restrictions on certain chemicals in playground surfaces. The Borough of Fair Haven would like to deliver an inclusive playground that meets the safety and accessibility goals of Jake’s Law while reducing children’s exposure to these compounds. The interpretations we are requesting allow us to do so within the budget already committed to the project.
A favorable interpretation also has implications beyond Fair Haven. Lower-cost compliant surfacing options, applied appropriately to the safety-zone and pathway footprint the rule requires, would allow Jake’s Law funding to support a larger number of inclusive playgrounds across the State, including in communities for which the current de facto cost structure has put a Completely Inclusive Playground out of reach. We believe this is consistent with the legislative intent of P.L. 2018, c. 104.
We would be grateful for a written response within 30 days, and are happy to provide any additional project documentation, ASTM certifications for the alternative materials referenced, or technical detail the program may require. The Borough’s project lead is [Borough Administrator / Engineer / point of contact], reachable at [email] and [phone].
Thank you for your continued partnership on the McCarter Park project and for your stewardship of the Jake’s Law program.
Respectfully,
[Mayor Halpern]
Borough of Fair Haven
Optional co-signature. [Hon. Vin Gopal, NJ Senate, District 11]