[Adopted 8-18-2009 by L.L. No. 30-2009 (Ch. 407A, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that during the summer
months, many Suffolk County families open up pools to enjoy during
the warm weather.
B.
This Legislature also finds and determines that pools may be a danger
for children, who may accidently fall into the water and be seriously
injured or killed without the knowledge of parents or other caretakers.
C.
This Legislature further finds and determines that New York State
Executive Law § 387(14) and the New York Code, Rules and
Regulations (19 NYCRR § 1228.2) require that all swimming
pools constructed or substantially modified after December 14, 2006,
and which have a capacity to be filled to at least 24 inches in depth,
must have a pool alarm.
D.
This Legislature finds that a pool alarm is a device that is capable
of detecting a child entering the water and gives an audible alarm
both poolside and at a nearby location on the property on which the
pool is located when it detects such activity.
E.
This Legislature determines that in recent years, large inflatable
pools have become popular during the summer months in Suffolk County.
F.
This Legislature also finds that many of these pools reach depths
of 42 inches or more, which subjects them to the state laws and regulations
requiring pool alarms.
G.
This Legislature further finds that many Suffolk County residents
purchase inflatable pools without the knowledge that they must install
these alarms.
H.
This Legislature also determines that Suffolk County wants to ensure
that its residents are aware of pool safety laws so that our County
can have a safe, enjoyable summer season this year and in years to
come.
I.
Therefore, the purpose of this article is to require swimming pool
retailers to post signs stating that pool alarms are required for
all pools over 24 inches in depth.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Suffolk County Department of Consumer
Affairs.
Any outlet, store, shop, mercantile establishment or other
place of business engaged in the retail sale of goods or merchandise
directly to consumers.
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches deep at any point. This includes in-ground pools; aboveground
and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place
wading pools.
All retail stores in the County of Suffolk that sell or offer
for sale swimming pools shall post a sign in the manner and form prescribed
by the Commissioner notifying customers that all swimming pools must
have pool alarms pursuant to New York State Executive Law § 378(14)
and the New York Codes, Rules and Regulations (19 NYCRR § 1228.2).
This article shall be enforced by the Suffolk County Department
of Consumer Affairs.
A.
The Commissioner is hereby authorized and empowered to promulgate
rules and regulations necessary to enforce this article.
Any violation of this article shall be punishable by a civil
fine of $500 for the first violation, with subsequent violations punishable
by a civil fine of $1,000.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect 120 days immediately subsequent
to filing in the Office of the Secretary of State.
