BILL NUMBER: S7731

SPONSOR: GALLIVAN
 
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 of the bill strikes language requiring swimming pool gate
latch handles be located within the enclosure and at least 40 inches
above grade, by adding new language to require the release mechanism to
be located within the enclosure only when such mechanism is to be
              

installed below 54 inches above grade. Also codifies language regarding
placement of the release mechanism and the minimum opening requirement
when the gate is in the fully closed position.

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outdated.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:
Immediately.