STATE OF NEW YORK ________________________________________________________________________ 9888--A IN ASSEMBLY April 26, 2024 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. (i) for gates installed prior to June first, two thousand twenty- 5 five, gates required to be provided in a swimming pool enclosure shall 6 be self-closing and self-latching [with the latch handle located within 7 the enclosure and at least forty inches above grade], and shall be 8 securely locked with a key, combination or other child proof lock suffi- 9 cient to prevent access to such swimming pool through such gate when 10 such swimming pool is not in use or supervised; 11 (ii) for gates installed on or after June first, two thousand twenty- 12 five, gates required to be provided in a swimming pool enclosure shall 13 be self-closing and self-latching and shall be securely locked with a 14 key, combination or other child proof lock sufficient to prevent access 15 to such swimming pool through such gate when such swimming pool is not 16 in use or supervised. Where the release mechanism of the self-closing 17 and self-latching gate is located less than fifty-four inches above 18 grade, the release mechanism shall be located within the enclosure a 19 minimum of three inches below the top of the gate and the gate and 20 enclosure shall have no opening greater than one-half inch within eigh- 21 teen inches of the release mechanism when the gate is in the fully 22 closed position; 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13322-04-4