California is considering new requirements for horizontal sliding gates after the death of a child at a school playground. The Legislature has been advancing a bill to enact new inspection requirements for public gates, while the state’s workplace safety regulator is considering rules to protect workers as well.
Assemblymember Damon Connolly, D-San Rafael, is pushing to add new inspection and safety requirements for gates in public schools, parks and communities. He cited a 2019 case when a 400-pound chain-link fence gate crushed seven-year-old Alex Quanbeck to death at a private school in San Rafael. A lumberyard worker in Anaheim, meanwhile, was killed earlier this year when an iron gate fell on him, and a forklift was needed to lift the gate off his body.
Asm. Damon Connolly, D-San Rafael“This, unfortunately, is not an uncommon occurrence in California and throughout the country,” said Connolly, during a recent hearing on the bill. “Without any protections when a gate is poorly designed, damaged or just overused, it has a risk of disconnecting from its supports and falling.”
Connolly called the perceived lack of regulation “a ticking time bomb” for its potential to lead to more deaths. His Assembly Bill 2149, dubbed Alex’s Law, would require the installation of “simple, cost-effective safety pieces”—a $50 metal post preventing the gate from toppling over if it separates from the track—along with inspections every 10 years.
“There is a simple and sensible solution to address the dangers these large gates pose to our communities,” said Eric Quanbeck, Alex’s father. “This safety device should become as ubiquitous as a car seatbelt, a pool fence or even a fire extinguisher.”
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A large agriculture coalition led by the Wine Institute has negotiated amendments to exempt the industry and forestry. Yet the measure still targets commercial, industrial and residential properties, potentially sweeping up agricultural production, storage and processing facilities into the mandate.
“I'm a mother. I would never want to imagine the tragedy and pain they're going through,” said Noelle Cremers, who directs regulatory affairs at the Wine Institute.
She urged lawmakers to let regulatory agencies handle the issue and noted Cal/OSHA’s Occupational Safety & Health Standards Board is considering a petition for new rulemaking on gates. Soon after taking over as chair of the board, Joseph Alioto announced plans to file a petition for a regulation. In addition to the school incident, at least three workers have been crushed to death by gates in California, according to the agency. Along with the petition, the California Building Standards Commission is considering new building code requirements for sliding gates, explained Cremers.
She worried AB 2149 would saddle the state’s 6,200 wineries—two-thirds with less than 10 employees—with a significant regulatory burden.
Mark Neuburger, a legislative advocate at the California State Association of Counties, argued that the broad language of the bill would enable predatory behavior. He claimed the American Fence Association is sponsoring the measure because private contractors stand to benefit from the provisions. The bill would force small businesses to hire contractors to install or replace gates to avoid civil penalties from city or district attorneys, he explained.
The Association of California Water Agencies commented the cost of implementing the mandate would “distract from other more important activities, including the implementation of important statewide goals to work toward greater climate resilience.”
Connolly maintained that wineries would be exempt from the provisions and the mandate would only apply to new gates. He felt the industry should heed the message, nonetheless.
“If you're open to the public and you have folks come in, then make your gates safe,” said Connolly. “I'm frankly surprised at the last-minute level of opposition we've gotten.”
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