PRIOR PRINTER'S NO. 556 PRINTER'S NO. 2195
No. 492 Session of 1997
INTRODUCED BY REINARD, WOGAN, HENNESSEY, COY, MUNDY, SHANER,
YOUNGBLOOD, HALUSKA, ITKIN, ROONEY, FAIRCHILD, SEMMEL,
TRELLO, E. Z. TAYLOR, STEELMAN, MICHLOVIC, DEMPSEY, RAMOS,
BEBKO-JONES, HERSHEY, JOSEPHS AND ROSS, FEBRUARY 12, 1997
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 22, 1997
AN ACT
1 Establishing standards regulating residential swimming pool, hot
2 tub and spa design and construction; providing for safety
3 precautions and protection against potential immersion
4 accidents for children; and imposing a penalty.
5 TABLE OF CONTENTS <--
6 Section 1. Short title.
7 Section 2. Legislative purpose.
8 Section 3. Definitions.
9 Section 4. Permit for swimming pool, hot tub or spa.
10 Section 5. Alternate application procedure.
11 Section 6. Water purification system.
12 Section 7. Outdoor swimming pool requirements.
13 Section 8. Access gate requirements.
14 Section 9. Dwelling wall requirements.
15 Section 10. Swimming pool ladder or step requirements.
16 Section 11. Safety covers on hot tubs or spas.
17 Section 12. Rescue equipment.
1 Section 13. Public awareness program.
2 Section 14. Municipal ordinances.
3 Section 15. Penalties.
4 Section 16. Applicability.
5 Section 17. Effective date.
6 TABLE OF CONTENTS <--
7 SECTION 1. SHORT TITLE.
8 SECTION 2. LEGISLATIVE PURPOSE.
9 SECTION 3. DEFINITIONS.
10 SECTION 4. PERMIT FOR SWIMMING POOL, HOT TUB OR SPA.
11 SECTION 5. INSPECTION PERFORMANCE.
12 SECTION 6. WATER PURIFICATION SYSTEM.
13 SECTION 7. OUTDOOR SWIMMING POOL REQUIREMENTS.
14 SECTION 8. ACCESS GATE REQUIREMENTS.
15 SECTION 9. RESCUE EQUIPMENT.
16 SECTION 10. ELECTRICAL COMPONENTS AND LOCATION
17 REQUIREMENTS.
18 SECTION 11. DISSEMINATION OF INFORMATION.
19 SECTION 12. PUBLIC AWARENESS PROGRAM.
20 SECTION 13. PENALTIES.
21 SECTION 14. APPLICABILITY.
22 SECTION 15. EFFECTIVE DATE.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Short title.
26 This act shall be known and may be cited as the Swimming Pool <--
27 Safety Law.
28 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PENNSYLVANIA <--
29 RESIDENTIAL SWIMMING POOL SAFETY AND EDUCATION ACT (ALICEA'S
30 LAW).
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1 Section 2. Legislative purpose.
2 The General Assembly finds and declares as follows:
3 (1) Drowning is one of the leading causes of accidental
4 death for children in the United States, and near drownings,
5 resulting in mental retardation BRAIN DAMAGE and physical <--
6 disabilities, are one of the leading causes of admissions to
7 State hospitals.
8 (2) Approximately 67% of all childhood drownings occur
9 in backyard pools, hot tubs and spas.
10 (3) Most drownings occur while the supervising adult
11 thinks the child is safely indoors.
12 (4) Twenty-five percent of all drowning victims have had
13 swimming lessons.
14 (5) A child can drown in as little as two inches of
15 water.
16 (6) In the period 1980-1985, 209 children in this
17 Commonwealth 13 years of age or younger died from drownings.
18 (7) Drowning deaths related to swimming pools were
19 highest for preschool children one year of age or older and
20 four years of age or younger.
21 (8) Presently, this Commonwealth has no law mandating
22 swimming pool fencing for outdoor swimming pools, although
23 some municipalities in this Commonwealth have enacted
24 municipal ordinances regulating swimming pool fencing.
25 (9) According to experts, mandatory fencing of swimming
26 pools, hot tubs and spas can reduce both fatalities and
27 disabling injuries by at least 50%.
28 (10) A study by the United States Consumer Product
29 Safety Commission concluded that a barrier completely
30 surrounding the pool to keep a child out of a pool area could
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1 have prevented up to 70% of the incidents investigated by the
2 commission.
3 (11) The National Committee for Injury Prevention and
4 Control recommends the following barriers to prevent
5 drownings in swimming pools:
6 (i) Restricted entry to the pool, hot tub or spa
7 from the yard and residence.
8 (ii) The use of self-closing and self-latching gates
9 with the latch placed at a height unreachable by small
10 children.
11 (iii) Fences and other barriers of at least five
12 feet in height with vertical openings no more than four
13 inches wide.
14 (iv) An unrestricted view of the pool so that
15 children within the fence are visible from outside.
16 (12) The Center for Disease Control and the National <--
17 Pool and Spa Institute have issued guidelines for the safety,
18 design, construction, use and maintenance of commercial and
19 residential hot tubs and spas. These guidelines recommend
20 that these structures have barriers around them.
21 (12) THE UNITED STATES CONSUMER PRODUCT SAFETY <--
22 COMMISSION HAS ISSUED "SAFETY BARRIER GUIDELINES FOR HOME
23 POOLS" AND THE NATIONAL SPA AND POOL INSTITUTE HAS SPONSORED
24 A NUMBER OF AMERICAN NATIONAL STANDARDS FOR THE DESIGN,
25 CONSTRUCTION, SAFE USE AND MAINTENANCE OF PRIVATE SWIMMING
26 POOLS, HOT TUBS, SPAS AND THE BARRIERS THAT ENCLOSE THEM.
27 (13) As a result of these findings and Department of
28 Health support for local ordinances requiring the fencing of
29 swimming pools, hot tubs and spas, including those belonging
30 to public and private institutions and private residences, it
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1 is the intent of the General Assembly to enact an enabling
2 statute to establish standards regulating swimming pool <--
3 design and construction and providing pool safety precautions
4 and protection against potential immersion accidents for all
5 children in all municipalities in this Commonwealth. This
6 will result in a serious reduction in the number of drownings
7 and injuries by near drownings for children in this
8 Commonwealth.
9 Section 3. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Aboveground swimming pool." A removable swimming pool of <--
14 any shape that:
15 (1) Has walls.
16 (2) Has an impervious liner that is located on the
17 surrounding earth.
18 (3) May be disassembled or stored and reassembled to its
19 original form.
20 "Barrier." A fence, dwelling wall or nondwelling wall, or
21 combination thereof, which completely surrounds the swimming
22 pool and obstructs access to the swimming pool.
23 "BOCA CODE." THE MOST RECENT EDITION OF THE NATIONAL <--
24 BUILDING CODE PROMULGATED BY THE BUILDING OFFICIAL AND CODE
25 ADMINISTRATORS INTERNATIONAL, INC., OR ITS SUCCESSOR.
26 "COUNTY DEPARTMENT OF HEALTH OR DEPARTMENT." A PHRASE USED
27 TO ESTABLISH PRIORITY FOR ADMINISTRATION AND ENFORCEMENT OF THIS
28 ACT. WHERE A COUNTY DEPARTMENT OF HEALTH EXISTS, IT SHALL HAVE
29 THE ADMINISTRATIVE AND ENFORCEMENT POWERS AND DUTIES; IN
30 COUNTIES WITHOUT A DEPARTMENT OF HEALTH, THESE POWERS AND DUTIES
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1 SHALL VEST IN THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
2 "DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
3 "Farm." A parcel of 25 acres or more used exclusively for
4 agricultural purposes and containing at least one residential
5 structure and an outbuilding.
6 "Hot tub" or "spa." A noninflatable outdoor structure
7 containing water and intended for recreational use.
8 "Municipality." Any city of the first class, second class,
9 second class A or third class, borough, incorporated town,
10 township of the first or second class, county of the second
11 class A through eighth class, home rule municipality or any
12 similar general purpose unit of government which shall be
13 created by the General Assembly.
14 "Outdoor inground swimming pool." A permanent outdoor
15 swimming pool in which the surface and the volume of water are
16 below ground level.
17 "Swimming pool." Any manmade structure intended for swimming
18 or diving purposes, or both, that has a water depth of 18 24 <--
19 inches or more, including, but not limited to, residential
20 inground and aboveground swimming pools.
21 Section 4. Permit for swimming pool, hot tub or spa.
22 (a) Application.--An IN A MUNICIPALITY WITHOUT A MUNICIPAL <--
23 POOL ORDINANCE AS DESCRIBED IN SECTION 14(A) OR (C), AN
24 application for a permit to construct a swimming pool, hot tub
25 or spa shall be submitted to the building inspector for the <--
26 municipality in which the swimming pool, hot tub or spa is to be
27 located. COUNTY DEPARTMENT OF HEALTH OR DEPARTMENT. The <--
28 application shall be submitted prior to construction or
29 installation of the swimming pool, hot tub or spa and shall
30 include the following: <--
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1 (1) Plans, specifications and related explanatory
2 information.
3 (2) A plan drawn to scale by a registered or certified
4 surveyor or engineer A PLAN DRAWN TO SCALE, showing the <--
5 dimensions and location of the swimming pool, hot tub or spa
6 on the plot of land in relation to the property lines of the
7 adjoining property owners and the buildings constructed on
8 the applicant's plot of land AS WELL AS THE LOCATION OF ANY <--
9 EXISTING FENCE OR BARRIER OR ANY FENCE OR BARRIER TO BE
10 CONSTRUCTED. IN ADDITION, THE APPLICATION SHALL INCLUDE ANY
11 OTHER PLANS, SPECIFICATIONS AND RELATED EXPLANATORY
12 INFORMATION NECESSARY TO CONSIDER THE APPLICATION.
13 (b) Review of application.--The building inspector COUNTY <--
14 DEPARTMENT OF HEALTH OR DEPARTMENT shall review the application
15 and supporting documentation to assure compliance with this act.
16 THE COUNTY DEPARTMENT OF HEALTH OR DEPARTMENT SHALL REVIEW THE <--
17 APPLICATION WITHIN 15 DAYS OF RECEIPT. ANY APPLICATION NOT
18 REVIEWED WITHIN 15 DAYS OF RECEIPT SHALL BE DEEMED APPROVED.
19 (c) Issue of permit.--If the proposed construction or
20 installation meets the requirements of this act, the municipal <--
21 building inspector AND ALL OTHER LAWS AND ORDINANCES, THE COUNTY <--
22 DEPARTMENT OF HEALTH OR DEPARTMENT shall issue a permit to
23 proceed with the construction or installation.
24 (d) Fee.--A municipality THE COUNTY DEPARTMENT OF HEALTH OR <--
25 DEPARTMENT may establish a reasonable application fee to
26 accompany the application required by this section to cover
27 administrative costs incurred by a municipality as a result of <--
28 the requirements placed on a municipality by OF this act. IN NO <--
29 CASE SHALL THE FEE ESTABLISHED EXCEED THE FEE CHARGED BY
30 MUNICIPALITIES WITHIN THE COUNTY FOR SIMILAR SERVICES.
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1 (e) Inspection.--The applicant shall notify the building <--
2 inspector COUNTY DEPARTMENT OF HEALTH OR DEPARTMENT upon <--
3 completion of the construction or installation of the swimming
4 pool, hot tub or spa. Upon notification by the applicant, the
5 building inspector COUNTY DEPARTMENT OF HEALTH OR DEPARTMENT <--
6 shall inspect the swimming pool, hot tub or, spa, FENCE OR <--
7 BARRIER to determine if it was constructed in compliance with
8 this act. If the construction or installation meets the
9 requirements of this act, the building inspector COUNTY <--
10 DEPARTMENT OF HEALTH OR DEPARTMENT shall issue an occupancy
11 permit allowing the swimming pool, hot tub or spa to be used. If
12 the construction or installation does not meet the requirements
13 of this act, the building inspector COUNTY DEPARTMENT OF HEALTH <--
14 OR DEPARTMENT shall inform the applicant that, unless the
15 facilities are brought into compliance with the requirements of
16 this act within 60 30 days, a penalty under section 15 13 may be <--
17 imposed. THE COUNTY DEPARTMENT OF HEALTH OR DEPARTMENT SHALL <--
18 PERFORM THE INSPECTION WITHIN SEVEN DAYS OF NOTIFICATION BY THE
19 APPLICANT. ANY SWIMMING POOL, HOT TUB OR SPA NOT INSPECTED
20 WITHIN SEVEN DAYS OF NOTIFICATION BY THE APPLICANT SHALL BE
21 DEEMED APPROVED.
22 (F) NO FURTHER DUTY TO INSPECT.--THIS SECTION SHALL NOT BE
23 CONSTRUED TO IMPOSE A DUTY ON A MUNICIPALITY OR ON THE COUNTY
24 DEPARTMENT OF HEALTH OR DEPARTMENT TO CONDUCT ANY INSPECTION OF
25 A SWIMMING POOL, HOT TUB, SPA, FENCE OR BARRIER AFTER AN
26 OCCUPANCY PERMIT IS ISSUED PURSUANT TO THIS SECTION.
27 (G) RULES AND REGULATIONS.--ALL COUNTY HEALTH DEPARTMENTS IN
28 THIS COMMONWEALTH AND THE DEPARTMENT SHALL ESTABLISH RULES AND
29 REGULATIONS TO IMPLEMENT THIS SECTION. MUNICIPALITIES ENACTING
30 ORDINANCES UNDER SECTION 14(C) SHALL HAVE THE SAME POWERS AND
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1 DUTIES OF THE COUNTY DEPARTMENT OF HEALTH OR DEPARTMENT IN
2 ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS ACT.
3 Section 5. Alternate application procedure. <--
4 (a) Application.--Where the swimming pool, hot tub or spa is
5 to be located in a municipality that has no building inspector,
6 the applicant for a permit required under section 4 shall apply
7 to the county health department in the county in which the
8 swimming pool, hot tub or spa is to be located. If the county
9 has no health department, the applicant shall apply to the
10 Department of Health.
11 (b) Review of application.--A county health department and
12 the Department of Health shall follow the procedures and
13 requirements provided under section 4 in reviewing an
14 application for a permit to construct or install a swimming
15 pool, hot tub or spa.
16 (c) Fee.--A county health department and the Department of
17 Health may establish a reasonable fee to accompany the
18 application required by section 4 to cover the administrative
19 costs incurred by the county health department or Department of
20 Health as a result of the requirements placed on either by this
21 act.
22 (d) Inspection.--A county health department and the
23 Department of Health may engage the services of a municipal
24 building inspector to perform the inspection requirements under
25 this act and shall reimburse the municipality employing the
26 building inspector for all reasonable costs incurred in the
27 performance of all inspections.
28 (e) Rules and regulations.--All county health departments in
29 this Commonwealth and the Department of Health shall establish
30 rules and regulations to implement this section.
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1 SECTION 5. INSPECTION PERFORMANCE. <--
2 A COUNTY HEALTH DEPARTMENT OR THE DEPARTMENT MAY ENGAGE THE
3 SERVICES OF ANY QUALIFIED INDIVIDUAL OR FIRM TO PERFORM THE
4 APPLICATION REVIEW AND INSPECTION REQUIREMENTS UNDER SECTION 4.
5 Section 6. Water purification system.
6 Every swimming pool shall be provided with a water
7 purification or filter system which is capable of maintaining <--
8 water clarity and purity. Water clarity and purity shall be such
9 that water in the pool does not obscure the bottom of the pool
10 when seen from above the water level. COMPLYING WITH SECTION <--
11 421.6.1 OF THE BOCA CODE.
12 Section 7. Outdoor swimming pool requirements.
13 An outdoor swimming pool, HOT TUB OR SPA shall be provided <--
14 with a barrier which meets the following requirements: <--
15 (1) The top of the barrier shall be at least 48 inches
16 above grade measured on the side of the barrier which faces
17 away from the swimming pool. The maximum vertical clearance
18 between grade and the bottom of the barrier shall be two
19 inches measured on the side of the barrier which faces away
20 from the swimming pool. If the top of the pool structure is
21 above grade, such as an aboveground pool, the barrier may be
22 mounted on top of the pool structure as long as the barrier
23 is at least 48 inches above the top of the pool structure. If
24 the barrier is mounted on top of the pool structure, the
25 maximum vertical clearance between the top of the pool
26 structure and the bottom of the barrier shall be four inches.
27 (2) Openings in the barrier shall prevent passage of a
28 four-inch diameter sphere.
29 (3) Solid barriers which do not have openings,
30 including, but not limited to, masonry and stone walls, shall
19970H0492B2195 - 10 -
1 not contain indentations or protrusions except for normal
2 construction tolerances and tooled masonry joints.
3 (4) If the barrier is composed of horizontal and
4 vertical members and the distance between the tops of the
5 horizontal members is less than 45 inches:
6 (i) The horizontal members shall be located on the
7 swimming pool side of the fence.
8 (ii) Spacing between vertical members shall not
9 exceed one and three-fourths inches in width.
10 (iii) Spacing within any decorative cutouts shall
11 not exceed one and three-fourths inches in width.
12 (5) If the barrier is composed of horizontal and
13 vertical members and the distance between the tops of the
14 horizontal members is 45 inches or more:
15 (i) Spacing between vertical members shall not
16 exceed four inches.
17 (ii) Spacing within any decorative cutouts shall not
18 exceed one and three-fourths inches in width.
19 (6) Maximum mesh size for chain link fences shall be a
20 one and one-fourth inch square unless the fence is provided
21 with slats fastened at the top or the bottom of the fence
22 which reduce the openings to no more than one and three-
23 fourths inches.
24 (7) If the barrier is composed of diagonal members, such
25 as a lattice fence, the maximum opening formed by the
26 diagonal members shall be no more than one and three-fourths
27 inches. REQUIREMENTS OF SECTION 421.10.1 AND 421.10.4 OF THE <--
28 BOCA CODE.
29 Section 8. Access gate requirements.
30 (a) General rule.--Gates that provide access to swimming <--
19970H0492B2195 - 11 -
1 pools shall meet the following requirements:
2 (1) Access gates shall be equipped to accommodate a
3 locking device.
4 (2) Pedestrian access gates shall open outward away from
5 the pool and shall be self-closing and have a self-latching
6 device.
7 (3) Gates other than pedestrian access gates shall have
8 a self-latching device.
9 (4) If the release mechanism of the self-latching device
10 is located less than 54 inches from the bottom of the gate:
11 (i) The release mechanism shall be located on the
12 pool side of the gate at least three inches below the top
13 of the gate.
14 (ii) The gate and barrier shall have no opening
15 greater than one-half inch within 18 inches of the
16 release mechanism.
17 (b) Exception.--In those cases where an individual with a
18 disability is in residence, a municipality may grant a variance
19 allowing a key-locking latch to be placed to allow entry.
20 Section 9. Dwelling wall requirements.
21 Where a wall of a dwelling serves as any part of a barrier,
22 all doors with direct access to a swimming pool through the wall
23 shall meet one of the following requirements:
24 (1) Be equipped with an alarm that meets all of the
25 following requirements:
26 (i) The alarm shall produce an audible warning when
27 the door or its screen, if present, is opened.
28 (ii) The alarm shall sound continuously for a
29 minimum of 30 seconds immediately after the door is
30 opened. The alarm shall have a minimum sound pressure
19970H0492B2195 - 12 -
1 rating of 85 decibels at ten feet and should be
2 distinctive from other household sounds, such as smoke
3 alarms, telephones and doorbells.
4 (iii) The alarm shall automatically reset under all
5 conditions.
6 (iv) The alarm shall be equipped with manual means,
7 including, but not limited to, touchpads or switches, to
8 temporarily deactivate the alarm for a single opening
9 from either direction. The deactivation shall last no
10 more than 15 seconds. The deactivation touchpads or
11 switches shall be located at least 54 inches above the
12 threshold of the door.
13 (2) Be equipped with other means of protection, such as
14 self-closing mechanisms and self-latching devices, which
15 offer the same or greater level of protection as the alarm
16 described in paragraph (1).
17 Section 10. Swimming pool ladder or step requirements.
18 The following shall apply to an aboveground swimming pool
19 that has a means of access by way of a ladder or steps:
20 (1) The ladder or steps shall be equipped with a device
21 or mechanism to make them self-closing and self-latching to
22 prevent unauthorized access by young children.
23 (2) When the ladder or steps are secured and locked, any
24 opening created shall prevent the passage of an eight-inch
25 sphere.
26 Section 11. Safety covers on hot tubs or spas.
27 A hot tub or spa with a safety cover which complies with the
28 American Society for Testing Materials--Emergency Standard
29 performance specifications (ASTM-ES 13-89) shall be exempt from
30 fence or barrier restrictions contained in this act.
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1 Section 12. Rescue equipment.
2 (a) Swimming pool.--The following shall be installed with
3 each swimming pool:
4 (1) A ring or throwing buoy fitted with 40 feet of one-
5 fourth inch diameter line.
6 (2) A pole not less than 12 feet in length.
7 (3) A sign bearing basic life support instructions.
8 (4) A telephone within easy access to the swimming pool.
9 (b) Hot tubs and spas.--The following shall be installed
10 with each hot tub or spa:
11 (1) A sign bearing basic life support instructions.
12 (2) A telephone within easy access to the hot tub or
13 spa.
14 GATES THAT PROVIDE ACCESS TO SWIMMING POOLS SHALL MEET THE <--
15 REQUIREMENTS OF SECTION 421.10.1 OF THE BOCA CODE.
16 SECTION 9. RESCUE EQUIPMENT.
17 PRIOR TO INSPECTION, AND AT ALL SUBSEQUENT TIMES, EACH
18 SWIMMING POOL MUST BE EQUIPPED WITH THE FOLLOWING:
19 (1) A RING OR THROWING BUOY WITH 20 FEET OF 1/4-INCH
20 DIAMETER LINE, OR A POLE NOT LESS THAN 12 FEET IN LENGTH.
21 (2) A TELEPHONE WITHIN EASY ACCESS TO THE SWIMMING POOL.
22 SECTION 10. ELECTRICAL COMPONENTS AND LOCATION REQUIREMENTS.
23 ANY ELECTRICAL COMPONENTS OF THE CONSTRUCTION OR INSTALLATION
24 OF A SWIMMING POOL, HOT TUB OR SPA AND THE LOCATION SELECTED FOR
25 PLACEMENT SHALL COMPLY WITH THE MOST RECENTLY PUBLISHED VERSION
26 OF THE NATIONAL ELECTRICAL CODE.
27 SECTION 11. DISSEMINATION OF INFORMATION.
28 THE SELLER OF ANY SWIMMING POOL, HOT TUB OR SPA SHALL PROVIDE
29 THE BUYER WITH THE FOLLOWING INFORMATION:
30 (1) A COPY OF THIS ACT.
19970H0492B2195 - 14 -
1 (2) THE MATERIALS PREPARED BY THE DEPARTMENT PURSUANT TO
2 SECTION 12(B).
3 Section 13 12. Public awareness program. <--
4 (A) SAFETY PROGRAMS.--The Department of Health DEPARTMENT <--
5 shall sponsor public programs and forums, prepare brochures and
6 videos and undertake other educational measures INCLUDING THE <--
7 ENCOURAGEMENT OF POOL OWNERS TO UNDERGO CARDIOPULMONARY
8 RESUSCITATION TRAINING, designed to increase public awareness
9 and understanding of immersion accidents and pool safety
10 precautions for children in this Commonwealth.
11 Section 14. Municipal ordinances. <--
12 If a municipal ordinance regulates the construction and
13 installation of swimming pools, hot tubs or spas in order to
14 provide pool safety precautions and protection against potential
15 immersion accidents for all children in the municipality and the
16 requirements under the municipal ordinance meet or exceed the
17 requirements contained in this act, the requirements of the
18 municipal ordinance shall govern. A person meeting the
19 requirements under the municipal ordinance meets the
20 requirements under this act. THE DEPARTMENT MAY ALSO DISTRIBUTE <--
21 SAFETY MATERIALS PREPARED BY PRIVATE ORGANIZATIONS, INCLUDING
22 THE NATIONAL SPA AND POOL INSTITUTE AND THE PENNSYLVANIA SAFE
23 KIDS COALITION.
24 (B) DUTIES OF POOL OWNERS.--THE DEPARTMENT SHALL PREPARE
25 MATERIALS DESIGNED TO INFORM HOMEOWNERS OF THEIR DUTIES IN
26 COMPLYING WITH THIS ACT WITH REGARD TO THE CONSTRUCTION OR
27 INSTALLATION OF ANY SWIMMING POOL, HOT TUB OR SPA. THE
28 DEPARTMENT SHALL DISTRIBUTE THESE MATERIALS TO MUNICIPALITIES,
29 ANY SELLER OF SWIMMING POOLS, HOT TUBS OR SPAS, AND TO ANYONE
30 UPON REQUEST.
19970H0492B2195 - 15 -
1 Section 15 13. Penalties. <--
2 (a) Grace period.--A person who has constructed or installed
3 a swimming pool, hot tub or spa and who has been cited by a
4 building inspector, the county or the Department of Health for
5 noncompliance with the provisions of this act shall be granted a
6 60-day 30-DAY grace period to make any required changes to <--
7 comply with the provisions of this act.
8 (b) Penalty.--A person who fails to complete the necessary
9 changes within the 60 30 days provided under subsection (a) <--
10 commits a summary offense and shall, upon conviction, be
11 sentenced to pay a fine of not more than $300 or to imprisonment
12 for not more than 90 days, or both.
13 Section 16. Applicability. <--
14 (a) General rule.--This act shall apply to every person in
15 possession of land as owner or purchaser under contract upon
16 which is proposed to be situated a swimming pool, hot tub or spa
17 in a municipality in this Commonwealth, regardless of whether
18 the municipality in which the swimming pool, hot tub or spa is
19 to be located has a building inspector.
20 (b) Exceptions.--This act shall not apply to:
21 (1) Any swimming pool, hot tub or spa installed or
22 constructed prior to the effective date of this act.
23 (2) A swimming pool located on a farm.
24 SECTION 14. APPLICABILITY. <--
25 (A) MUNICIPALITIES WITH EXISTING ORDINANCES.--THIS ACT SHALL
26 NOT APPLY TO ANY MUNICIPALITY WHICH HAS AN ORDINANCE REGULATING
27 THE CONSTRUCTION OR INSTALLATION OF SWIMMING POOLS, HOT TUBS OR
28 SPAS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.
29 (B) MUNICIPALITIES WITHOUT EXISTING ORDINANCES.--THIS ACT
30 SHALL APPLY TO ANY MUNICIPALITY WHICH HAS NO ORDINANCE
19970H0492B2195 - 16 -
1 REGULATING THE CONSTRUCTION OR INSTALLATION OF SWIMMING POOLS,
2 HOT TUBS OR SPAS UPON THE EFFECTIVE DATE OF THIS ACT.
3 (C) SUBSEQUENT ORDINANCES.--ANY MUNICIPAL ORDINANCE ENACTED
4 SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ACT WHICH REGULATES THE
5 CONSTRUCTION OR INSTALLATION OF SWIMMING POOLS, HOT TUBS OR SPAS
6 MUST COMPLY WITH THE PROVISIONS OF THIS ACT.
7 (D) EXCEPTIONS.--THE PROVISIONS OF THIS ACT SHALL NOT APPLY
8 TO:
9 (1) ANY SWIMMING POOL, HOT TUB OR SPA INSTALLED OR
10 CONSTRUCTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
11 (2) A SWIMMING POOL LOCATED ON A FARM.
12 Section 17 15. Effective date. <--
13 This act shall take effect in 90 days.
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