DOS-44-08-00005-E Temporary Swimming Pool Enclosures
1/28/09 N.Y. St. Reg. DOS-44-08-00005-E
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 4
January 28, 2009
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
EMERGENCY RULE MAKING
I.D No. DOS-44-08-00005-E
Filing No. 45
Filing Date. Jan. 09, 2009
Effective Date. Jan. 09, 2009
Temporary Swimming Pool Enclosures
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 1228.4 to Title 19 NYCRR.
Statutory authority:
Executive Law, sections 377 and 378; and L. 2007, ch. 234, section 3
Finding of necessity for emergency rule:
Preservation of public safety.
Specific reasons underlying the finding of necessity:
This rule is adopted on an emergency basis to preserve public safety and because time is of the essence. Executive Law sections 378(14)(c) and 378(16), as added by Chapter 234 of the Laws of 2007, provide that the State Uniform Fire Prevention and Building Code (the Uniform Code) must (1) include standards for temporary swimming pool enclosures used during the construction or installation of swimming pools requiring that any such enclosure shall sufficiently prevent any access to such swimming pool by any person not engaged in the installation or construction of such swimming pool and shall sufficiently provide for the safety of any such person, and (2) require that any temporary swimming pool enclosure be replaced by a permanent enclosure which is in compliance with New York state codes, regulations or local laws within ninety days from the issuance of a local building permit or the commencement of the installation of an in ground swimming pool, whichever is later. Section 3 of Chapter 234 of the Laws of 2007 provides that the regulations necessary to implement the new requirements must be adopted prior to the effective date of Chapter 234. The effective date of Chapter 234 was January 14, 2008. A prior emergency rule similar to this rule was filed on January 14, 2008 and became effective on that date. The prior emergency rule has expired. A second emergency rule similar to this rule was filed on April 11, 2008 and became effective on that date. That rule has also expired. A third emergency rule similar to this rule was filed on July 10, 2008 and became effective on that date. That rule has also expired. Adoption of this rule on an emergency basis is necessary to reduce the number of accidental drownings in swimming pools, and to continue to satisfy the mandate of section 3 of Chapter 234 of the Laws of 2007.
Subject:
Temporary swimming pool enclosures.
Purpose:
Implement Executive Law section 378(14)(c) and (16), as added by chapter 234 of the Laws of 2007.
Text of emergency rule:
Part 1228 of Title 19 NYCRR is amended by adding a new section 1228.4 to read as follows:
Section 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) 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 "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.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. DOS-44-08-00005-EP, Issue of October 29, 2008. The emergency rule will expire April 8, 2009.
Text of rule and any required statements and analyses may be obtained from:
Raymond Andrews, Department of State, 99 Washington Ave., Albany, New York 12231-0001, (518) 474-4073, email: Raymond.Andrews@dos.state.ny.us
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Executive Law section 377(1) authorizes the State Fire Prevention and Building Code Council to periodically amend the provisions of the New York State Uniform Fire Prevention and Building Code ("Uniform Code"). Executive Law section 378(1) directs that the Uniform Code shall address standards for safety and sanitary conditions. Executive Law section 378(16), as added by Chapter 234 of the Laws of 2007, requires that the Uniform Code include standards for temporary swimming pool enclosures used during the installation or construction of swimming pools requiring that any such enclosure shall sufficiently prevent any access to such swimming pool by any person not engaged in the installation or construction of such swimming pool and shall sufficiently provide for the safety of any such person. Executive Law section 378(14)(c), as added by Chapter 234 of the Laws of 2007, requires that the Uniform Code provide that any temporary swimming pool enclosure be replaced by a permanent enclosure which is in compliance with New York state codes, regulations or local laws within ninety days from the issuance of a local building permit or the commencement of the installation of an in-ground swimming pool, whichever is later. Executive Law section 378(14)(c), as added by Chapter 234 of the Laws of 2007, also provides that a local building department may issue a waiver to allow an extension of such ninety day time period for good cause, including but not limited to adverse weather conditions delaying construction.
2. LEGISLATIVE OBJECTIVES:
The Legislative objective sought to be achieved by this rule is a reduction in the number of accidental drownings in swimming pools in this State.
3. NEEDS AND BENEFITS:
In the memorandum accompanying the bill which became Chapter 234 of the Laws of 2007, the Legislature stated as justification for the bill:
"According to a 2004 study by the National SAFE KIDS Campaign, drowning is the second leading cause of injury-related death among children ages 1 to 14. In 2001, 859 children under age 14 died from drowning, and in 2002, an estimated 2,700 children under age 14 were treated in hospital emergency rooms for near-drowning. Drowning can occur in only one inch of water. A child loses consciousness after two minutes of being submerged, and permanent brain damage occurs after only four to six minutes.
"The health effects of near-drowning can also be severe, including permanent neurological disability, and psychological and emotional impacts. The financial impacts on the child's family are also significant, with costs of $75,000 for initial treatment, $180,000 per year for long-term care, and a lifetime cost of over $4.5 million per child. Of all drownings reviewed by SAFE KIDS, 39 percent occurred in pools.
"Studies have shown that proper fencing could reduce the number of deaths caused by drowning and near-drownings that involve children by 50 to 90 percent.
"In one tragic incident on May 1, 2005, Matthew Lenz, age 2 1/2 of Craryville in Columbia County, lost his life after wandering onto a neighbor's property with an in-ground swimming pool that had no fence. Had the pool been properly secured by fencing, as required by the State Residential Code section AG 105, Matthew's life may have been spared.
"At present, New York's residential codes pertaining to pool enclosures comply and surpass federal code. On occasion however, fencing is not erected at all, or some pool owners rely on temporary fencing for an inordinate amount of time. While municipal building departments are charged with the responsibility of inspecting pool enclosures, they are reliant on pool owners to seek building permits and, at times, never notified that a pool has been installed.
"Neither current statute nor rules and regulations pertaining to swimming pool enclosures address the length of time a temporary fence may be in place."
This rule making amends the Uniform Code by adding a new provision (19 NYCRR section 1228.4) which requires that a swimming pool be enclosed by a temporary enclosure during the installation or construction of the pool; requires that such temporary enclosure sufficiently prevent 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; and requires that such temporary enclosure be replaced by a permanent enclosure that complies with the requirements of existing laws and regulations within 90 days of issuance of the building permit or commencement of installation or construction of the pool. By requiring the use of such temporary enclosures during installation / construction, and by requiring the replacement of such temporary enclosures with permanent enclosures within the stated time period, this rule should provide the benefit intended by the Legislature: a reduction in the number of accidental drownings.
4. COSTS:
The initial capital costs of complying with the rule will include the cost of purchasing and installing the temporary enclosure. The cost of complying with this rule in connection with the construction or installation of any particular pool will depend on the size of the temporary enclosure that must be used to enclose such pool. Temporary fences that would satisfy the requirements of this rule are relatively inexpensive, and are available at most lumber and hardware type stores. The fencing can include the plastic orange type with wood or metal stakes or the green wire "yard guard fence" type. Wooden snow fencing can also be used. The Department of State estimates that the cost of enclosing an average residential pool (16 foot by 32 foot), including the cost of the fencing material, the stakes, and the labor, will be as follows: orange fence material, approximately $225 to $275; green wire "yard guard" fence, approximately $600 to $650; and wooden snow fencing, approximately $400 to $450. The Department of State estimates that between 25% and 50% of the material used to construct a temporary pool enclosure can be reused. A business that installs pools on a regular basis would presumably reuse temporary fence materials to the maximum extent possible, which should reduce the average cost of per pool installation.
Regulated parties will be able to minimize the cost of complying with this rule by constructing as much of the permanent enclosure as can be installed without restricting pool construction or installation activities, and by using temporary enclosure components to enclose only the remainder of the pool area during the construction/installation period.
Since this rule requires the temporary enclosure to be replaced with a permanent enclosure within 90 days, and since the permanent enclosure mentioned in this rule is required by existing laws and rules, and not by this rule, there should be no recurring annual costs of complying with this rule.
There are no costs to the Department of State for the implementation of the rule. The Department of State is not required to develop any additional regulations or develop any programs to implement the rule.
There are no costs to New York State or local governments for the implementation of the rule; provided, however, that if the State or any local government installs or constructs a swimming pool, it will be required to install the temporary enclosure as required by this rule, and to replace such temporary enclosure with a permanent enclosure within the time period specified by this rule. In addition, since this rule adds provisions to the Uniform Code, in a situation where the State or a local government is responsible for administration and enforcement of the Uniform Code with respect to the installation or construction of a swimming pool, the State or such local government will be required to consider the requirements added by this rule in reviewing plans and performing inspections; however, it is anticipated that this will not have a significant impact on the review and/or inspection process.
5. PAPERWORK:
This rule imposes no new reporting requirements. No new forms or other paperwork will be required as a result of this rule.
6. LOCAL GOVERNMENT MANDATES:
This rule does not impose any new program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district, except as follows: First, any county, city, town, village, school district, fire district or other special district that installs or constructs a swimming pool will be required to comply with this rule. Second, cities, towns and villages (and sometimes counties) are charged by Executive Law section 381 with the responsibility of administering and enforcing the Uniform Code; since this rule adds provisions to the Uniform Code, the aforementioned local governments will be responsible for administering and enforcing the requirements of the rule along with all other provisions of the Uniform Code.
7. DUPLICATION:
The rule does not duplicate any existing Federal or State requirement.
8. ALTERNATIVES:
This rule provides an exemption from the temporary enclosure requirement for above-ground spas and hot tubs equipped with a safety cover. The alternative of not providing such an exemption was considered, but rejected, because hot tubs and spas equipped with a safety cover are exempt from the permanent enclosure requirements, and it would be illogical to require such hot tubs and spas to be enclosed with a temporary enclosure during the installation / construction period when they are not required to be enclosed with a permanent enclosure after installation / construction is complete. The alternative of providing an exemption for in-ground hot tubs and spas was considered and rejected, since there would be an unprotected and uncovered hole in the ground during the installation / construction of such a hot tub or spa, and a temporary enclosure would provide a measure of protection against children and others falling into the hole during the installation / construction period. No other significant alternatives to this rule were considered, since other alternatives would not provide the safety protections contemplated by Executive Law sections 378(14)(c) and 378(16), as added by Chapter 234 of the Laws of 2007.
9. FEDERAL STANDARDS:
There are no standards of the Federal Government which address the subject matter of the rule
10. COMPLIANCE SCHEDULE:
Regulated persons will be able to achieve compliance with the rule in the normal course of the installation or construction of a swimming pool.
Regulatory Flexibility Analysis
1. EFFECT OF RULE:
This rule will apply to any small business and any local government that installs or constructs a swimming pool. The State Fire Prevention and Building Code Council (the Code Council) and the Department of State are unable to estimate the number of small businesses and local governments that own or operate swimming pools; however, it is believed that a majority of the non-residential swimming pools in this State are owned or operated by small businesses or local governments.
Small businesses that install or construct swimming pools for others will also be affected by this rule.
Since this rule adds a provisions to the Uniform Fire Prevention and Building Code (the Uniform Code), each local government that is responsible for administering and enforcing the Uniform Code will be affected by this rule. The State Fire Prevention and Building Code Council (the Code Council) and the Department of State estimate that approximately 1,604 local governments (mostly cities, towns and villages, as well as several counties) are responsible for administering and enforcing the Uniform Code.
2. COMPLIANCE REQUIREMENTS:
No reporting or record keeping requirements are imposed upon regulated parties by the rule.
Small businesses and local governments that install or construct swimming pools will be required to erect a temporary enclosure around the pool during the installation / construction period, and to replace the temporary enclosure with a permanent enclosure (as required by existing laws and regulations) within 90 days after issuance of the building permit or commencement of installation or construction. Local governments that enforce the Uniform Code will be required to consider the requirements of this rule when reviewing plans for installation or construction of a pool by any person or entity, public or private, and when inspecting work.
3. PROFESSIONAL SERVICES:
No professional services will be required to comply with the rule.
4. COMPLIANCE COSTS:
The initial capital costs of complying with the rule will include the cost of purchasing and installing the temporary enclosure. The cost of complying with this rule in connection with the construction or installation of any particular pool will depend on the size of the temporary enclosure that must be used to enclose such pool. Temporary fences that would satisfy the requirements of this rule are relatively inexpensive, and are available at most lumber and hardware type stores. The fencing can include the plastic orange type with wood or metal stakes or the green wire "yard guard fence" type. Wooden snow fencing can also be used. The Department of State estimates that the cost of enclosing an average residential pool (16 foot by 32 foot), including the cost of the fencing material, the stakes, and the labor, will be as follows: orange fence material, approximately $225 to $275; green wire "yard guard" fence, approximately $600 to $650; and wooden snow fencing, approximately $400 to $450. The Department of State estimates that between 25% and 50% of the material used to construct a temporary pool enclosure can be reused. A business that installs pools on a regular basis would presumably reuse temporary fence materials to the maximum extent possible, which should reduce the average cost of per pool installation. Regulated parties will be able to minimize the cost of complying with this rule by constructing as much of the permanent enclosure as can be installed without restricting pool installation / construction activities, and by using temporary enclosure components to enclose only the remainder of the pool area during the construction / installation period.
Since this rule requires the temporary enclosure to be replaced with a permanent enclosure within 90 days after issuance of the building permit or commencement of installation of the pool, and since the permanent enclosure mentioned in this rule is required by existing laws and rules, and not by this rule, there should be no recurring annual costs of complying with this rule.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
It is economically and technologically feasible for regulated parties to comply with the rule. No substantial capital expenditures are imposed and no new technology need be developed for compliance.
6. MINIMIZING ADVERSE IMPACT:
The rule minimizes any potential adverse economic impact on regulated parties (including small businesses or local governments) by allowing use of any type of temporary enclosure, provided that it is (1) at least 4 feet high and (2) approved by the code enforcement official 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 any such person; by permitting all or any part of the permanent enclosure (as required by existing laws and regulations) to be used as all or part of the temporary enclosure, thereby permitting regulated parties to minimize the amount of temporary enclosure components required during construction; and by providing an exemption from the temporary enclosure requirements for above-ground hot tubs and spas equipped with a safety cover.
This rule implements Executive Law sections 378(14)(c) and 378(16), as added by Chapter 234 of the Laws of 2007. Those statutes do not authorize the establishment of differing compliance requirements or timetables with respect to swimming pools owned or operated by small businesses or local governments.
Except for the exemption for above-ground hot tubs and spas equipped with a safety cover, providing exemptions from coverage by the rule was not considered because such exemptions would endanger public safety.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
On December 6, 2007, the Department of State notified code enforcement officials throughout the State and other interested parties of the new requirements to be imposed by this rule by means of a notice in Building New York, a monthly electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and currently distributed to approximately 7,000 subscribers representing all aspects of the construction industry. The notice was also posted on the Department of State's website. The notice invited interested parties to provide comments.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS.
This rule implements the provisions of Executive Law sections 378(14)(c) and 378(16), as added by Chapter 234 of the Laws of 2007, by adding a provision to the Uniform Fire Prevention and Building Code ("Uniform Code") requiring that swimming pools be enclosed by a temporary enclosure during the period of installation or construction of the pool, and requiring that such temporary enclosure be replaced with a permanent enclosure within 90 days. Since the Uniform Code applies in all areas of the State (other than New York City), this rule will apply in all rural areas of the State.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS.
The rule will not impose any reporting or recordkeeping requirements. The rule will impose the following compliance requirements: swimming pools will be required to be enclosed by temporary enclosures during the period of installation or construction of the pool, and such temporary enclosures will be required to be replaced with a permanent enclosure as required by existing laws and regulations within 90 days after issuance of the building permit or commencement of installation or construction. No professional services are likely to be needed in a rural area in order to comply with such requirements.
3. COMPLIANCE COSTS.
The initial capital costs of complying with the rule will include the cost of purchasing and installing the temporary enclosure. The cost of complying with this rule in connection with the construction or installation of any particular pool will depend on the size of the temporary enclosure that must be used to enclose such pool. Temporary fences that would satisfy the requirements of this rule are relatively inexpensive, and are available at most lumber and hardware type stores. The fencing can include the plastic orange type with wood or metal stakes or the green wire "yard guard fence" type. Wooden snow fencing can also be used. The Department of State estimates that the cost of enclosing an average residential pool (16 foot by 32 foot), including the cost of the fencing material, the stakes, and the labor, will be as follows: orange fence material, approximately $225 to $275; green wire "yard guard" fence, approximately $600 to $650; and wooden snow fencing, approximately $400 to $450. The Department of State estimates that between 25% and 50% of the material used to construct a temporary pool enclosure can be reused. A business that installs pools on a regular basis would presumably reuse temporary fence materials to the maximum extent possible, which should reduce the average cost of per pool installation. Regulated parties will be able to minimize the cost of complying with this rule by constructing as much of the permanent enclosure as can be installed without restricting pool installation / construction activities, and by using temporary enclosure components to enclose only the remainder of the pool area during the construction / installation period. Any variation in such costs for different types of public and private entities in rural areas will be attributable to the size and configuration of the swimming pools owned or operated by such entities, and not to nature or type of such entities or to the location of such entities in rural areas.
Since this rule requires the temporary enclosure to be replaced with a permanent enclosure within 90 days, and since the permanent enclosure mentioned in this rule is required by existing laws and rules, and not by this rule, there should be no recurring annual costs of complying with this rule.
4. MINIMIZING ADVERSE IMPACT.
Executive Law sections 378(14)(c) and 378(16) make no distinction between swimming pools located in rural areas and swimming pools located in non-rural areas. However, the economic impact of this rule in rural areas will be no greater than the economic impact of this rule in non-rural areas, and the ability of individuals or public or private entities located in rural areas to comply with the requirements of this rule should be no less than the ability of individuals or public or private entities located in non-rural areas.
Executive Law sections 378(14)(c) and 378(16) do not authorize the establishment of differing compliance requirements or timetables in rural areas.
The rule provides exemptions from the temporary enclosure requirements for above-ground hot tubs and spas equipped with safety covers because such hot tubs and spas are exempt from permanent enclosure requirements. Providing additional exemptions from coverage by the rule was not considered because such exemptions would endanger public safety.
5. RURAL AREA PARTICIPATION.
On December 6, 2007, the Department of State notified code enforcement officials throughout the State, including those in rural areas, and other interested parties of the new requirements to be imposed by this rule by means of a notice in Building New York, a monthly electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and currently distributed to approximately 7,000 subscribers representing all aspects of the construction industry. The notice was also posted on the Department of State's website. The notice invited interested parties to provide comments.
Job Impact Statement
The Department of State and the State Fire Prevention and Building Code Council have concluded after reviewing the nature and purpose of the rule that it will not have a "substantial adverse impact on jobs and employment opportunities" (as that term is defined in section 201-a of the State Administrative Procedures Act) in New York.
The rule adds a requirement to the Uniform Fire Prevention and Building Code ("Uniform Code") that swimming pools be enclosed by a temporary enclosure during the period of installation or construction of the pool, and that such temporary enclosure be replaced with a permanent enclosure (as required by existing laws and regulations) within 90 days. This provision is added to the Uniform Code pursuant to the requirements of Executive Law sections 378(14)(c) and 378(16), as added by Chapter 234 of the Laws of 2007.
Regulated parties may comply with this rule by installing a temporary enclosure during installation or construction of the pool. Temporary fences that would satisfy the requirements of this rule are relatively inexpensive, and are available at most lumber and hardware type stores. The fencing can include the plastic orange type with wood or metal stakes or the green wire "yard guard fence" type. Wooden snow fencing can also be used. The Department of State estimates that the cost of enclosing an average residential pool (16 foot by 32 foot), including the cost of the fencing material, the stakes, and the labor, will be as follows: orange fence material, approximately $225 to $275; green wire "yard guard" fence, approximately $600 to $650; and wooden snow fencing, approximately $400 to $450. The Department of State estimates that between 25% and 50% of the material used to construct a temporary pool enclosure can be reused. A business that installs pools on a regular basis would presumably reuse temporary fence materials to the maximum extent possible, which should reduce the average cost of per pool installation. Regulated parties will be permitted to use components of the permanent enclosure that will be required by existing laws and regulations after installation or construction is complete as all or part of the temporary enclosure during the installation / construction period. This would permit regulated parties to minimize the cost of the temporary enclosure by constructing as much of the permanent enclosure as can be installed without restricting pool installation / construction activities, and enclosing only the remaining portion of the pool area with a temporary enclosure.
It is anticipated that the cost of providing the temporary enclosures required by this rule will be insignificant when compared to the overall cost constructing or installing a swimming pool. Accordingly, it is anticipated that this rule will have no significant impact on the number of pools installed or constructed in this State, and that this rule will not have a "substantial adverse impact on jobs and employment opportunities."
