What are the requirements?
The Toy (Safety) Regulations 1995 define a toy as 'any product or material designed or clearly intended for use in play, by children of less than 14 years of age'. Wooden playhouses are therefore caught by the requirements of the Regulations and must be 'SAFE' and satisfy the essential safety requirements.
Who enforces the legislation?
The Toy (Safety) Regulations 1995 are enforced by trading standards officers. As part of their duties, they will carry out inspections to ensure that playhouses are safe.
What are the standards?
BS EN 71 gives specifications for the construction of toys but adhering to this standard alone will not guarantee compliance with the essential safety requirements of the Toy (Safety) Regulations 1995. This is because there may be hazards associated with wooden playhouses that are not covered by the Standard. Ultimately it is your responsibility as the manufacturer to ensure the playhouses you construct are as safe as they can be, bearing in mind the normal behaviour of children at play.
What does the standard cover?
Hinges on doors: there should be no finger entrapment hazards, particularly around the door area. This can be achieved by use of a piano hinge, if this is not possible, the space between the assembled edges should be constructed so that the gap at the hinge side of the door is less than 5mm or greater than 12mm. Where a larger gap is used, a flexible piece of material can be fitted over the gap (both internally and externally) to prevent rain or draughts from entering the structure.
Door and Lock Fastenings: playhouses should be designed so that there is easy means of exit from within. The use of a magnetic catch or a ball catch together with a handle or knob would probably be the best solution. The door should open with a maximum force which is equal to approximately 5kg.
Stable Doors: the use of stable type doors should be avoided, as this would represent a more serious type of finger entrapment with a scissor type of action, unless the gap and construction is sufficient to prevent finger entrapment.
Upper Floors: floors more than 600mm above the main floor will require a barrier rail. Any gaps in the rail should be less than 90mm and greater than 12mm. The rail should be securely constructed and fastened to the main structure of the playhouse.
Ladders: the toy standard requires that any opening in a frame, situated more than 600mm above the ground, must be either less than 90mm, (and greater than 12mm) or more than 230mm. Ladders should be manufactured with gaps of 230-300mm between the rungs and a width of at least 300mm.
Knots and Splinters: as the product is made from wood, it should not display any insect holes. Any knots in the wood should not be loose. All surfaces and edges should be free from splinters.
Nails and Screws: the pointed ends of screws, nails and fastenings used should not be accessible. All fastenings should be free from burr.
Windows: plain annealed glass must not be used – acrylic panels appear to be the safest opinion.
Wood Treatment: the wood treatment used should be non-toxic and you should request information from your supplier as to whether the product is suitable.
CE Marking/Instructions/Warnings: playhouses must be marked with the name and address of the manufacturer and any instructions or warnings necessary for safe use and maintenance. They should also bear the CE mark to show that they comply with the regulations.
Most wooden playhouses are not suitable for the very young – like those under 3 years of age – BUT, some of the larger more elaborate playhouses with upper floors, are clearly not suitable, even for slightly older children.
It is up to you as the manufacturer to specify an age at which you think a child will be able to cope with the special challenges your playhouse will pose to a child at play.
General Strength of Construction: playhouses should be strong enough to withstand the normal behaviour of children at play. Upper floor should be strong enough to take the weight of one or more child.
What happens if I don't comply with the requirements?
Failure to comply could therefore result in prosecution and the courts may impose a fine.
This information is not comprehensive, it is subject to periodic amendment and cannot be held to be an authoritative interpretation of the law. For more detailed information please contact:
Bury Trading Standards Office
Textile Hall
Manchester Road
BURY
BL9 0DG
Tel: 0161 253 5566
Fax: 0161 253 5547
email: tradingstandards@bury.gov.uk
