CHAPTER 450
S. 2601
SWIMMING POOLS--POOL ALARMS-- INSTALLATION
Approved August 16, 2006, effective as provided in section 3
AN ACT to amend the general business law and the executive law, in relation
to the installation of pool alarms
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
§ 1. Subdivision 1 of section 396-cc of the general business law, as added
by chapter 478 of the laws of 1998, is amended to read as follows:
NY GEN BUS § 396-cc
1. No person, firm, association or corporation engaged in the business of
selling and/or installing swimming pools of a dimension subject to New York
state regulation or local law shall sell or install any swimming pool
unless such person, firm, association or corporation provides notice to
consumers that additional costs may be incurred when installing a pool in
order to comply with state or local laws regarding fencing, pool alarms and
other safety requirements and instructing consumers to contact the local
building code enforcement office for further details. Such notice shall be
given by prominently posting a sign where pools are displayed and/or sold
or where swimming pools are offered for sale through a printed swimming
pool display or swimming pool catalogue available to customers in retail
stores. Such sign shall be no less than nine inches by fourteen inches
using letters no less than one-half inch in height.
§ 2. Subdivision 14 of section 378 of the executive law, as added by
chapter 636 of the laws of 1997, is amended to read as follows:
NY EXEC § 378
14. Provide that any:
a. gates required to be provided in a swimming pool enclosure shall be
self-closing and self-latching with the latch handle located within the
enclosure and at least forty inches above grade, and shall be securely
locked with a key, combination or other child proof lock sufficient to
prevent access to such swimming pool through such gate when such swimming
pool is not in use or supervised; and
b. residential or commercial swimming pool constructed or substantially
modified after the effective date of this paragraph shall be equipped with
an acceptable pool alarm capable of detecting a child entering the water
and of giving an audible alarm.
§ 3. This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation by the
secretary of state necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on or
before such effective date. NY LEGIS 450 (2006)