2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 396-CC - Notification of Enclosure Requirements for Swimming Pools.

* § 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