STATE OF NEW YORK
        ________________________________________________________________________

                                          9888

                   IN ASSEMBLY

                                     April 26, 2024
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Governmental Operations

        AN  ACT  to amend the executive law, in relation to swimming pool enclo-
          sures

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph a of subdivision 14 of section 378 of the execu-
     2  tive law, as separately amended by chapters 75 and 234 of  the  laws  of
     3  2007, is amended to read as follows:
     4    a. gates required to be provided in a swimming pool enclosure shall be
     5  self-closing and self-latching [with the latch handle located within the
     6  enclosure  and at least forty inches above grade], and shall be securely
     7  locked with a key, combination or other child proof lock  sufficient  to
     8  prevent  access  to such swimming pool through such gate when such swim-
     9  ming pool is not in use or supervised.  Where the release  mechanism  of
    10  the  self-closing and self-latching gate is located less than fifty-four
    11  inches above grade, the release mechanism shall be  located  within  the
    12  enclosure  a  minimum  of three inches below the top of the gate and the
    13  gate and enclosure shall have no  opening  greater  than  one-half  inch
    14  within  eighteen inches of the release mechanism when the gate is in the
    15  fully closed position;
    16    § 2. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13322-03-3