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