Provides that release mechanism standards be developed by the state fire prevention and building code council based on internationally recognized standards.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9888C
SPONSOR: McDonald TITLE OF BILL:
An act to amend the executive law, in relation to swimming pool enclo-
sures
PURPOSE:
To align the current New York State statutory provisions governing swim-
ming pool enclosure gates with language from the International Swimming
Pool and Spa Code and the American Society for Testing and Materials
(ASTM) Code, which are the basis of most pool ordinances in the United
States of America.
SUMMARY OF PROVISIONS:
Section 1 requires standards to be developed by the state fire
prevention and building code council based on internationally recognized
standards.
Section 2 establishes the effective date.
JUSTIFICATION:
Drowning is the leading cause of unintentional injury-related death for
children ages 1 - 4 years nationwide and the requirement that swimming
pools be enclosed with self-closing and self-latching gates is pivotal
in preventing these fatalities.
New York's current law specific to swimming pool enclosures includes
prescriptive language, codified in 1997 (see Chapter 636) that is
outdated. Importantly, the law provides that a swimming pool enclosure
gate latching mechanism must always be installed on the inside of the
enclosure, regardless of the height of the enclosure. Since the enact-
ment of the swimming pool enclosure safety provisions in 1997, consumer
demand for more privacy surrounding a swimming pool has resulted in the
increased installation of taller enclosures, often 6 feet in height.
Unfortunately, the strict requirements set forth under the statute may
limit response times of emergency first responders and/or bystanders
from rescuing a distressed swimmer, due to the difficulty in gaining
access to a gate latching mechanism by an adult that is installed on the
inside of a 6-foot high enclosure. Moreover, anecdotal information indi-
cates that homeowners intentionally prop open such gates for maintenance
workers or lawn service providers, again due to the difficulty in gain-
ing access to such latching mechanism, creating a significant safety
hazard.
Updating the aforementioned law to be consistent with the broadly
adhered to International Swimming Pool and Spa Code and the ASTM Code,
will provide the necessary leeway to install a latching mechanism on the
outside, where warranted, while maintaining the existing requirement. to
install such mechanism on the inside of lower height enclosures. Doing
so will further enhance pool safety and better protect children.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on December 31, 2025
STATE OF NEW YORK
________________________________________________________________________
9888--C
IN ASSEMBLY
April 26, 2024
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported and referred to the Commit-
tee on Codes -- reported and referred to the Committee on Rules --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to swimming pool enclo-
sures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 14 of section 378 of the execu-
2 tive law, as separately amended by chapters 75 and 234 of the laws of
3 2007, is amended to read as follows:
4 a. gates required to be provided in a swimming pool enclosure shall be
5 self-closing and self-latching [with the latch handle located within the
6 enclosure and at least forty inches above grade], and shall be securely
7 locked with a key, combination or other child proof lock sufficient to
8 prevent access to such swimming pool through such gate when such swim-
9 ming pool is not in use or supervised. Release mechanism standards shall
10 be developed by the state fire prevention and building code council
11 based on internationally recognized standards;
12 § 2. This act shall take effect December 31, 2025. Effective imme-
13 diately, the addition, amendment, and/or repeal of any rule or regu-
14 lation necessary for the implementation of this act on its effective
15 date are authorized to be made and completed on or before such effective
16 date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13322-09-4
