Assembly Bill A9888B

2023-2024 Legislative Session

Relates to swimming pool enclosures

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A9888 - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §378, Exec L

2023-A9888 - Summary

Provides that where the release mechanism of the self-closing and self-latching gate is located less than fifty-four inches above grade, such release mechanism shall be located within the enclosure a minimum of three inches below the top of the gate and the gate and enclosure shall have no opening greater than one-half inch within eighteen inches of the release mechanism when the gate is in the fully closed position.

2023-A9888 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9888
 
                           I N  A S S E M B L Y
 
                              April 26, 2024
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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:
 
   Section  1. Paragraph a of subdivision 14 of section 378 of the execu-
 tive law, as separately amended by chapters 75 and 234 of  the  laws  of
 2007, is amended to read as follows:
   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 swim-
 ming pool is not in use or supervised.  WHERE THE RELEASE  MECHANISM  OF
 THE  SELF-CLOSING AND SELF-LATCHING GATE IS LOCATED LESS THAN FIFTY-FOUR
 INCHES ABOVE GRADE, THE RELEASE MECHANISM SHALL BE  LOCATED  WITHIN  THE
 ENCLOSURE  A  MINIMUM  OF THREE INCHES BELOW THE TOP OF THE GATE AND THE
 GATE AND ENCLOSURE SHALL HAVE NO  OPENING  GREATER  THAN  ONE-HALF  INCH
 WITHIN  EIGHTEEN INCHES OF THE RELEASE MECHANISM WHEN THE GATE IS IN THE
 FULLY CLOSED POSITION;
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13322-03-3

2023-A9888A - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §378, Exec L

2023-A9888A - Summary

Provides that where the release mechanism of the self-closing and self-latching gate is located less than fifty-four inches above grade, such release mechanism shall be located within the enclosure a minimum of three inches below the top of the gate and the gate and enclosure shall have no opening greater than one-half inch within eighteen inches of the release mechanism when the gate is in the fully closed position.

2023-A9888A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9888--A
 
                           I N  A S S E M B L Y
 
                              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
 
 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:
 
   Section 1. Paragraph a of subdivision 14 of section 378 of the  execu-
 tive  law,  as  separately amended by chapters 75 and 234 of the laws of
 2007, is amended to read as follows:
   a. (I) FOR GATES INSTALLED PRIOR TO JUNE FIRST, TWO  THOUSAND  TWENTY-
 FIVE,  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 suffi-
 cient to prevent access to such swimming pool  through  such  gate  when
 such swimming pool is not in use or supervised;
   (II)  FOR GATES INSTALLED ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY-
 FIVE, GATES REQUIRED TO BE PROVIDED IN A SWIMMING POOL  ENCLOSURE  SHALL
 BE  SELF-CLOSING  AND  SELF-LATCHING 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. WHERE THE RELEASE MECHANISM  OF  THE  SELF-CLOSING
 AND  SELF-LATCHING  GATE  IS  LOCATED  LESS THAN FIFTY-FOUR INCHES ABOVE
 GRADE, THE RELEASE MECHANISM SHALL BE LOCATED  WITHIN  THE  ENCLOSURE  A
 MINIMUM  OF  THREE  INCHES  BELOW  THE  TOP OF THE GATE AND THE GATE AND
 ENCLOSURE SHALL HAVE NO OPENING GREATER THAN ONE-HALF INCH WITHIN  EIGH-
 TEEN  INCHES  OF  THE  RELEASE  MECHANISM  WHEN THE GATE IS IN THE FULLY
 CLOSED POSITION;
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13322-04-4

2023-A9888B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §378, Exec L

2023-A9888B (ACTIVE) - Summary

Provides that where the release mechanism of the self-closing and self-latching gate is located less than fifty-four inches above grade, such release mechanism shall be located within the enclosure a minimum of three inches below the top of the gate and the gate and enclosure shall have no opening greater than one-half inch within eighteen inches of the release mechanism when the gate is in the fully closed position.

2023-A9888B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9888--B
 
                           I N  A S S E M B L Y
 
                              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
 
 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:
 
   Section 1. Paragraph a of subdivision 14 of section 378 of the  execu-
 tive  law,  as  separately amended by chapters 75 and 234 of the laws of
 2007, is amended to read as follows:
   a. (I) FOR GATES INSTALLED PRIOR TO MARCH FIRST, TWO THOUSAND  TWENTY-
 FIVE,  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 suffi-
 cient to prevent access to such swimming pool  through  such  gate  when
 such swimming pool is not in use or supervised;
   (II)  FOR  GATES INSTALLED ON OR AFTER MARCH FIRST, TWO THOUSAND TWEN-
 TY-FIVE, GATES REQUIRED TO BE PROVIDED  IN  A  SWIMMING  POOL  ENCLOSURE
 SHALL  BE  SELF-CLOSING  AND  SELF-LATCHING 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. WHERE THE RELEASE MECHANISM  OF  THE  SELF-
 CLOSING  AND  SELF-LATCHING  GATE IS LOCATED LESS THAN FIFTY-FOUR INCHES
 ABOVE GRADE, THE RELEASE MECHANISM SHALL BE LOCATED WITHIN THE ENCLOSURE
 A MINIMUM OF THREE INCHES BELOW THE TOP OF THE GATE  AND  THE  GATE  AND
 ENCLOSURE  SHALL HAVE NO OPENING GREATER THAN ONE-HALF INCH WITHIN EIGH-
 TEEN INCHES OF THE RELEASE MECHANISM WHEN  THE  GATE  IS  IN  THE  FULLY
 CLOSED POSITION;
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13322-06-4

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