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This entry was published on 2014-09-22
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SECTION 396-CC
Notification of enclosure requirements for swimming pools
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 396-cc. Notification of enclosure requirements for swimming pools.
1. a. 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 the New York state uniform fire
prevention and building code and, if such notice is given in a city with
a population of one million or more or a county that a portion of which
is within fifty miles of a city with a population of one million or
more, the building code of the city of New York, require barriers around
swimming pools that contain certain levels of water and 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 and to consult municipal
codes and regulations for any further requirements. 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. Such
sign shall include the address of the website at which the document
required to be made available by the department of state pursuant to
subdivision six of section three hundred seventy-six of the executive
law is posted and, if such notice is given in a city with a population
of one million or more or a county a portion of which is within fifty
miles of a city with a population of one million or more, the address of
the website of the New York city department of buildings. Any 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, upon request of a consumer, provide
a written notice that shall clearly indicate the address of the website
at which the document required to be made available by the department of
state pursuant to subdivision six of section three hundred seventy-six
of the executive law is posted and, if such notice is given in a city
with a population of one million or more or a county that a portion of
which is within fifty miles of a city with a population of one million
or more, the address of the website of the New York city department of
buildings. Such notice shall be no less than five inches by eight inches
using letters no smaller than fourteen point type.

b. For the purposes of this section:

(i) "New York state uniform fire prevention and building code" means
the uniform fire prevention and building code promulgated under section
three hundred seventy-seven of the executive law.

(ii) "building code of the city of New York" shall mean the building
code of the city of New York as defined in titles twenty-seven and
twenty-eight of the administrative code of the city of New York.

2. Any person, firm, association or corporation who or which violates
the provisions of subdivision one of this section shall be subject to a
civil penalty of not more than one thousand dollars for each such
violation.

3. a. Upon any violation of the provisions of subdivision one of this
section, an application may be made by the attorney general in the name
of the people of the state of New York to a court or justice having
jurisdiction to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of the
violation. If it shall appear to the satisfaction of the court or
justice that the defendant has violated subdivision one of this section,
an injunction may be issued by the court or justice, enjoining and
restraining any further violation, without requiring proof that any
person has, in fact, been injured or damaged thereby. In any such
proceeding, the court may make allowances to the attorney general as
provided in paragraph six of subdivision (a) of section eight thousand
three hundred three of the civil practice law and rules, and direct
restitution.

b. In connection with an application made under paragraph a of this
subdivision, the attorney general is authorized to take proof and to
make a determination of the relevant facts and to issue subpoenas in
accordance with the civil practice law and rules.

4. The provisions of subdivision one of this section may be enforced
concurrently by the director of a municipal consumer affairs office, or
by the town attorney, city corporation counsel, or other lawful designee
of a municipality or local government, and all moneys collected
thereunder shall be retained by such municipality or local government.

5. Nothing in this section shall be construed to expand, limit, or
otherwise affect the authority of municipalities to adopt more
restrictive standards for the construction or installation of swimming
pools pursuant to section three hundred seventy-nine of the executive
law.

* NB There are 2 § 396-cc's