§1228.1 Additional Uniform Code provisions.
§1228.2 Swimming pool alarms.
§1228.3 Carbon monoxide alarms.
§1228.4 Temporary swimming pool enclosures.

§1228.1 Additional Uniform Code provisions.

    The provisions set forth in this Part 1228 are part of the New York State Fire Prevention and Building Code (the “Uniform Code”).  The provisions set forth in this Part 1228 are in addition to, and not in limitation of, the provisions set forth in Parts 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, and 1227 of this Title and in the publications referred to in Parts 1220, 1221, 1222, 1223, 1224, 1225, 1226, and 1227 of this Title.

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§1228.2 Swimming pool alarms.

    (a) Purpose. This section is intended to implement the provisions of Executive Law section 378(14)(b), as added by Chapter 450 of the Laws of 2006, and Executive Law section 378(14)(c), as added by Chapter 75 of the Laws of 2007.

    (b) Definitions. For the purposes of this section, the following words and terms shall have the following meanings:

        (1) The word approved means approved by the code enforcement official responsible for enforcement and administration of the Uniform Code as
     complying with and satisfying the purposes of this section.

        (2) The term commercial swimming pool means any swimming pool (as defined in paragraph (4) of this subdivision) that is not a residential swimming
     pool (as defined in paragraph (3) of this subdivision).

        (3) The term residential swimming pool means a swimming pool (as defined in paragraph (4) of this subdivision) which is situated on the premises of a
    detached one- or two-family dwelling not more than three stories in height with separate means of egress; a multiple single-family dwelling (townhouse) not
    more than three stories in height with separate means of egress; a one-family dwelling converted to a bed and breakfast; a community residence for 14 or
    fewer mentally disabled persons, operated by or subject to licensure by the Office of Mental Health or the Office of Mental Retardation and Developmental
    Disabilities; a one-or two-family dwelling operated for the purpose of providing care to more than two but not more than eight hospice patients, created
    pursuant to Article 40 of the Public Health Law, and defined as a hospice residence in section 4002 of said Law; a manufactured home;a mobile home; or
    a factory manufactured dwelling unit.

        (4) The term swimming pool means 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 24 inches (610 mm) deep at any point. This includes in-ground, above-
     ground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools.

        (5) The term substantial damage means damage of any origin sustained by a swimming pool whereby the cost of restoring the swimming pool to its
     before damaged condition would equal or exceed 50 percent of the market value of the swimming pool before the damage occurred.

        (6) The term substantial modification means any repair reconstruction, rehabilitation, addition, or improvement of a swimming pool, the cost of which
     equals or exceeds 50 percent of the market value of the swimming pool before the repair, rehabilitation, addition, or improvement is started. If a swimming
     pool has sustained substantial damage, any repairs are considered to be a substantial modification regardless of the actual repair work performed.

    (c) Pool alarms. Except as otherwise provided in subdivision (e) of this section, each residential swimming pool installed, constructed or substantially modified after December 14, 2006 and each commercial swimming pool installed, constructed or substantially modified after December 14, 2006 shall be equipped with an approved pool alarm which:

        (1) is capable of detecting a child entering the water and giving an audible alarm when it detects a child entering the water;

        (2) is audible poolside and at another location on the premises where the swimming pool is located;

        (3) is installed, used and maintained in accordance with the manufacturer’s instructions;

        (4) is classified by Underwriters Laboratory, Inc. (or other approved independent testing laboratory) to:

            (i) reference standard ASTM F2208, entitled Standard Specification for Pool Alarms, as adopted in 2002 and editorially corrected in June 2005,
         published by ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or

            (ii) reference standard ASTM F2208, entitled Standard Specification for Pool Alarms, as adopted in 2007, published by ASTM International, 100 Barr
         Harbor Drive, West Conshohocken, PA 19428; and

        (5) is not an alarm device which is located on person(s) or which is dependent on device(s) located on person(s) for its proper operation.

    (d) Multiple pool alarms. A pool alarm installed pursuant to subdivision (c) of this section must be capable of detecting entry into the water at any point on the surface of the swimming pool. If necessary to provide detection capability at every point on the surface of the swimming pool, more than one pool alarm shall be installed.

    (e) Exemptions. 
        (1) A hot tub or spa equipped with a safety cover classified by Underwriters Laboratory, Inc. (or other approved independent testing laboratory) to
     reference standard ASTM F1346 (2003), entitled Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for
     Swimming Pools, Spas and Hot Tubs, published by ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, shall be exempt from the
     requirements of subdivisions (c) and (d) of this section. 

        (2) Any swimming pool (other than a hot tub or spa) equipped with an automatic power safety cover classified by Underwriters Laboratory, Inc. (or other
     approved independent testing laboratory) to reference standard ASTM F1346 (2003), entitled Standard Performance Specification for Safety Covers and
     Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs, published by ASTM International, 100 Barr Harbor Drive, West
     Conshohocken, PA 19428, shall be exempt from the requirements of subdivisions (c) and (d) of this section.

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§1228.3  Carbon monoxide alarms.            

    Former section 1228.3 was repealed by its own terms on January 1, 2008.  The provisions relating to carbon monoxide alarms contained in Parts 1220 to 1227, and in the publications incorporated by reference in Parts 1220 to 1227, are effective on and after January 1, 2008.

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§1228.4  Temporary swimming pool enclosures.

    (a) Purpose. This section is intended to implement the provisions of Executive Law sections 378(14)(c) and 378(16), as added by Chapter 234 of the Laws of 2007.  (The provisions of Executive Law section 378[14][c], as added by Chapter 75 of the Laws of 2007, as well as the provisions of Executive Law section 378[14][b], are implemented by section 1228.2 [Pool alarms] of this Part.)

    (b)  Definition. For the purposes of this section, the following words and terms shall have the following meanings:

        (1) The word approved means approved by the code enforcement official responsible for enforcement and administration of the Uniform Code as
     complying with and satisfying the purposes of this section.

        (2) The term complying permanent enclosure means an enclosure which surrounds a swimming pool and which complies with:

            (i) all provisions of the Uniform Code (other than the provisions of subdivision (c) of this section) applicable to swimming pool enclosures;

            (ii) the provisions of any and all other New York State codes or regulations applicable to swimming pool enclosures; and

            (iii) any and all local laws applicable to swimming pool enclosures and in effect in the location where the swimming pool shall have been installed or
         constructed.

        (3) The term swimming pool means 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 (610 mm) deep at any point.  This includes in-ground, above-
     ground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools.

    (c) Temporary enclosures. During the installation or construction of a swimming pool, such swimming pool shall be enclosed by a temporary enclosure which shall sufficiently prevent any access to the swimming pool by any person not engaged in the installation or construction of the swimming pool, and sufficiently provide for the safety of any such person.  Such temporary enclosure may consist of a temporary fence, a permanent fence, the wall of a permanent structure, any other structure, or any combination of the foregoing, provided all portions of the temporary enclosure shall be not less than four (4) feet high, and provided further that all components of the temporary enclosure shall have been approved as sufficiently preventing access to the swimming pool by any person not engaged in the installation or construction of the swimming pool, and as sufficiently providing for the safety of all such persons.  Such temporary enclosure shall remain in place throughout the period of installation or construction of the swimming pool, and thereafter until the installation or construction of a complying permanent enclosure shall have been completed.

    (d) Permanent enclosures. A temporary swimming pool enclosure described in subdivision (c) of this section shall be replaced by a complying permanent enclosure. The installation or construction of the complying permanent enclosure must be completed within ninety days after the later of:

        (1) the date of issuance of the building permit for the installation or construction of the swimming pool; or

        (2) the date of commencement of the installation or construction of the swimming pool;

provided, however, that if swimming pool is installed or constructed without the issuance of a building permit, the installation or construction of the complying permanent enclosure must be completed within ninety days after the date of commencement of the installation or construction of the swimming pool.  Nothing in this subdivision shall be construed as permitting the installation or construction of a swimming pool without the issuance of a building permit if such a building permit is required by any statute, rule, regulation, local law or ordinance relating to the administration and enforcement of the Uniform Code with respect to such swimming pool.

    (e) Extensions. Upon application of the owner of a swimming pool, the governmental entity responsible for administration and enforcement of the Uniform Code with respect to such swimming pool may extend the time period provided in subdivision (d) of this section for completion of the installation or construction of the complying permanent enclosure for good cause, including, but not limited to, adverse weather conditions delaying construction.

    (f) Exceptions.  An above-ground hot tub or spa equipped with a safety cover classified by Underwriters Laboratory, Inc. (or other approved independent testing laboratory) to reference standard ASTM F1346 (2003), entitled Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs, published by ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, shall be exempt from the requirements of subdivisions (c) and (d) of this section, provided that such safety cover is in place during the period of installation or construction of such hot tub or spa. The temporary removal of a safety cover as required to facilitate the installation or construction of a hot tub or spa during periods when at least one person engaged in the installation or construction of the hot tub or spa is present shall not invalidate the exception provided in this subdivision.  

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