§ 396-CC — Notification of enclosure requirements for swimming pools

* § 396-cc. Notification of enclosure requirements for swimming pools.\n1. a. No person, firm, association or corporation engaged in the\nbusiness of selling and/or installing swimming pools of a dimension\nsubject to New York state regulation or local law shall sell or install\nany swimming pool unless such person, firm, association or corporation\nprovides notice to consumers that the New York state uniform fire\nprevention and building code and, if such notice is given in a city with\na population of one million or more or a county that a portion of which\nis within fifty miles of a city with a population of one million or\nmore, the building code of the city of New York, require barriers around\nswimming pools that contain certain levels of water and that additional\ncosts may be incurred when installing a pool in order to comply with\nstate or local laws regarding fencing, pool alarms and other safety\nrequirements and instructing consumers to contact the local building\ncode enforcement office for further details and to consult municipal\ncodes and regulations for any further requirements. Such notice shall be\ngiven by prominently posting a sign where pools are displayed and/or\nsold or where swimming pools are offered for sale through a printed\nswimming pool display or swimming pool catalogue available to customers\nin retail stores. Such sign shall be no less than nine inches by\nfourteen inches using letters no less than one-half inch in height. Such\nsign shall include the address of the website at which the document\nrequired to be made available by the department of state pursuant to\nsubdivision six of section three hundred seventy-six of the executive\nlaw is posted and, if such notice is given in a city with a population\nof one million or more or a county a portion of which is within fifty\nmiles of a city with a population of one million or more, the address of\nthe website of the New York city department of buildings. Any person,\nfirm, association or corporation engaged in the business of selling\nand/or installing swimming pools of a dimension subject to New York\nstate regulation or local law shall, upon request of a consumer, provide\na written notice that shall clearly indicate the address of the website\nat which the document required to be made available by the department of\nstate pursuant to subdivision six of section three hundred seventy-six\nof the executive law is posted and, if such notice is given in a city\nwith a population of one million or more or a county that a portion of\nwhich is within fifty miles of a city with a population of one million\nor more, the address of the website of the New York city department of\nbuildings. Such notice shall be no less than five inches by eight inches\nusing letters no smaller than fourteen point type.\n b. For the purposes of this section:\n (i) "New York state uniform fire prevention and building code" means\nthe uniform fire prevention and building code promulgated under section\nthree hundred seventy-seven of the executive law.\n (ii) "building code of the city of New York" shall mean the building\ncode of the city of New York as defined in titles twenty-seven and\ntwenty-eight of the administrative code of the city of New York.\n 2. Any person, firm, association or corporation who or which violates\nthe provisions of subdivision one of this section shall be subject to a\ncivil penalty of not more than one thousand dollars for each such\nviolation.\n 3. a. Upon any violation of the provisions of subdivision one of this\nsection, an application may be made by the attorney general in the name\nof the people of the state of New York to a court or justice having\njurisdiction to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of the\nviolation. If it shall appear to the satisfaction of the court or\njustice that the defendant has violated subdivision one of this section,\nan injunction may be issued by the court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eight thousand\nthree hundred three of the civil practice law and rules, and direct\nrestitution.\n b. In connection with an application made under paragraph a of this\nsubdivision, the attorney general is authorized to take proof and to\nmake a determination of the relevant facts and to issue subpoenas in\naccordance with the civil practice law and rules.\n 4. The provisions of subdivision one of this section may be enforced\nconcurrently by the director of a municipal consumer affairs office, or\nby the town attorney, city corporation counsel, or other lawful designee\nof a municipality or local government, and all moneys collected\nthereunder shall be retained by such municipality or local government.\n 5. Nothing in this section shall be construed to expand, limit, or\notherwise affect the authority of municipalities to adopt more\nrestrictive standards for the construction or installation of swimming\npools pursuant to section three hundred seventy-nine of the executive\nlaw.\n * NB There are 2 § 396-cc's\n