PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of sections 1220.5 and 1221.3 to Title 19 NYCRR.
Statutory authority:
Executive Law, sections 377 and 378 and L. 2006, ch. 450, section 3
Finding of necessity for emergency rule:
Preservation of public safety.
Specific reasons underlying the finding of necessity:
This rule is adopted as an emergency measure to preserve public safety and because time is of the essence. This rule implements the provisions of new paragraph (b) of subdivision (14) of section 378 of the Executive Law, which requires that the New York State Uniform Fire Prevention and Building Code (the Uniform Code) provide that any “residential or commercial swimming pool constructed or substantially modified after the effective date of this paragraph (December 14, 2006) shall be equipped with an acceptable pool alarm capable of detecting a child entering the water and of giving an audible alarm.” The Introducer's Memorandum in Support of chapter 450 states, in pertinent part, that “drowning is the second leading cause of unintentional injury-related deaths in children between the ages of one and fourteen nation wide, and the third leading cause of injury-related deaths of children in New York …. (T)echnological advances have produced several different types of pool alarms designed to sound a warning if a child falls into the water. When used in conjunction with access barriers, these alarms provide greater protection against accidental pool drownings.” Section 3 of chapter 450 of the Laws of 2006 provides “… the addition, amendment and/or repeal of any rule or regulation by the secretary of state necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.” This rule will implement chapter 450 of the Laws of 2006 by adding new section 1220.5 to part 1220 (Residential Code) of Title 19 NYCRR and new section 1221.3 to Part 1221 (Building Code) of Title 19 NYCRR. These new sections will require all residential or commercial swimming pools that are installed, constructed or substantially modified after December 14, 2006 to be equipped with an acceptable pool alarm. These new sections will be effective on December 14, 2006 because statute (section 3 of chapter 450 of the Laws of 2006) so requires. In addition, at its meeting held on December 6, 2006, the State Fire Prevention and Building Code Council voted to adopt this rule on an emergency basis, and determined that establishing an effective date of December 14, 2006 was necessary to preserve the public safety and to reduce the number of accidental drownings in swimming pools, as well as to satisfy the mandate of section 3 of chapter 450 of the Laws of 2006.
Subject:
Installation of pool alarms in residential and commercial swimming pools that are installed, constructed or substantially modified after Dec. 14, 2006.
Purpose:
To implement Executive Law, section 378(14)(b), as added by chapter 450 of the Laws of 2006.
Text of emergency rule:
Part 1220 of Title 19 NYCRR is amended by adding a new section 1220.5 to read as follows:
1220.5. Swimming pool alarms.
(a) Purpose. Paragraph (b) of subdivision (14) of section 378 of the Executive Law, as added by Chapter 450 of the Laws of 2006, requires that the New York State Uniform Fire Prevention and Building Code (the Uniform Code) provide that any “residential or commercial swimming pool constructed or substantially modified after the effective date of this paragraph (December 14, 2006) shall be equipped with an acceptable pool alarm capable of detecting a child entering the water and of giving an audible alarm.” The Introducer's Memorandum in Support of Chapter 450 states, in pertinent part, that “drowning is the second leading cause of unintentional injury-related deaths in children between the ages of one and fourteen nation wide, and the third leading cause of injury-related deaths of children in New York …. (T)echnological advances have produced several different types of pool alarms designed to sound a warning if a child falls into the water. When used in conjunction with access barriers, these alarms provide greater protection against accidental pool drownings.” This section and section 1221.3 of Part 1221 of this Title are intended to implement the provisions of Executive Law section 378(14)(b).
(b) Definitions. The terms “approved,” “commercial swimming pool,” “residential swimming pool,” “swimming pool,” “substantial damage,” and “substantial modification” shall, for the purposes of this section, have the meanings ascribed in subdivision (b) of section 1221.3 of Part 1221 of this Title.
(c) Pool alarms. 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 Underwriter's Laboratory, Inc. (or other approved independent testing laboratory) to 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; 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.
Part 1221 of Title 19 NYCRR is amended by adding a new section 1221.3 to read as follows:
1221.3. Swimming pool alarms.
(a) Purpose. Paragraph (b) of subdivision (14) of section 378 of the Executive Law, as added by Chapter 450 of the Laws of 2006, requires that the New York State Uniform Fire Prevention and Building Code (the Uniform Code) provide that any “residential or commercial swimming pool constructed or substantially modified after the effective date of this paragraph (December 14, 2006) shall be equipped with an acceptable pool alarm capable of detecting a child entering the water and of giving an audible alarm.” The Introducer's Memorandum in Support of Chapter 450 states, in pertinent part, that “drowning is the second leading cause of unintentional injury-related deaths in children between the ages of one and fourteen nation wide, and the third leading cause of injury-related deaths of children in New York …. (T)echnological advances have produced several different types of pool alarms designed to sound a warning if a child falls into the water. When used in conjunction with access barriers, these alarms provide greater protection against accidental pool drownings.” This section and section 1220.5 of Part 1220 of this Title are intended to implement the provisions of Executive Law section 378(14)(b).
(b) Definitions. The following terms shall, for the purposes of this section and for the purposes of section 1220.5 in Part 1220 of this Title, have the following meanings:
(1) Approved. 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 and section 1220.5 in Part 1220 of this Title.
(2) Commercial swimming pool. 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) Residential swimming pool. 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; a multiple single-family dwelling (townhouse) not more than three stories in height; 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 § 4002 of said Law; a manufactured home; a mobile home; or a factory manufactured dwelling unit.
(4) Swimming pool. Any structure intended for swimming, recreational bathing or wading which contains or which is designed to contain water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools.
(5) Substantial damage. 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) Substantial modification. 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. 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 Underwriter's Laboratory, Inc. (or other approved independent testing laboratory) to 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; 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.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt this emergency rule as a permanent rule and will publish a notice of proposed rule making in the State Register at some future date. The emergency rule will expire March 13, 2007.
Text of emergency rule and any required statements and analyses may be obtained from:
Joseph Ball, Department of State, 41 State St., Albany, NY 12231, (518) 474-6740, e-mail: jball@dos.state.ny.us
Regulatory Impact Statement
1. Statutory Authority:
Subdivision 1 of Executive Law section 377 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”). Subdivision 1 of Executive Law section 378 directs that the Uniform Code shall address standards for safety and sanitary conditions. Paragraph (b) of subdivision (14) of Executive Law section 378 directs that the Uniform Code shall provide that residential and commercial swimming pools constructed or substantially modified after the effective date of said paragraph (December 14, 2006) shall be equipped with an acceptable pool alarm capable of detecting a child entering the water and of giving an audible alarm. This rule making adds provisions to Part 1220 (Residential Code) and Part 1221 (Building Code) of Title 19 NYCRR that require the installation of pool alarms.
2. Legislative Objectives:
In the memorandum accompanying the bill which added paragraph (b) to subdivision (14) of Executive Law section 378, the Legislature stated as justification for the bill:
According to the National Center for Injury and Control (NCIPC), drowning is the second leading cause of unintentional injury-related deaths in children between the ages of one and fourteen nation wide, and the third leading cause of injury-related deaths of children in New York. NCIPC data also shows [sic] that twenty-six infants and children under fourteen drowned in New York State, in 2002 alone. Local laws often require barriers for residential pools, but technological advances have produced several different types of pool alarms designed to sound a warning if a child falls into the water. When used in conjunction with access barriers, these alarms provide greater protection against accidental pool drownings.
The Legislative objective to 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:
This rule making amends the Uniform Code by adding new provisions that require residential and commercial swimming polls installed, constructed or substantially modified after December 14, 2006 be equipped with approved pool alarms. By requiring the use of a device that provides rapid and automatic detection of an unintentional, unsupervised or accidental entry of a child into a pool, this rule should provide the benefit intended by the Legislature: a reduction in the number of accidental drownings.
This rule provides that the required pool alarms must be capable of detecting a child entering the water; must be capable of giving an audible alarm; must be audible poolside and at another location on the premises where the swimming pool is located; must be installed, used and maintained in accordance with the manufacturer's instructions; and must be classified by Underwriter's Laboratory, Inc. (or other approved independent testing laboratory) to reference standard ASTM F2208-02-e1, entitled “Standard Specification for Pool Alarms.”
While the use of personal immersion alarms may provide supplemental protection in certain situations, such devices would not protect a child who was not wearing the device when he or she entered the water. Therefore, this rule provides that an alarm device which is located on person(s) or which is dependent on device(s) located on person(s) for its proper operation will not satisfy the requirements of the new provisions.
4. Costs:
The initial capital costs of complying with the rule will include the cost of purchasing and installing the pool alarm. The cost of a typical surface wave sensor or subsurface disturbance sensor pool alarm suitable for most swimming pools (i.e., for regularly shaped pools up to 16′ × 32′) is estimated to be $150 to $200. Larger pools or irregularly shaped pools may require more than one such alarm. In the case of a large, complex shaped pools, more sophisticated system may be required. It is estimated that a self-setting pool alarm system using invisible sonar technology and capable of protecting a large, complex shaped swimming pool would cost between $5,000 and $8,000. A pool alarm system for an Olympic-size pool may cost between $35,000 and $40,000. The annual costs of complying with the rule will include the costs of operating and maintaining the alarm, which are anticipated to be modest.
There are no costs to the Department of State, New York State or local governments for the implementation of the rule. The Department is not required to develop any additional regulations or develop any programs to implement the rule. In a situation where the installation, construction or substantial modification of a swimming pool requires a building permit, the governmental authority responsible for administering and enforcing the Uniform Code will have one additional item to verify in the course of construction inspections; it is anticipated that will not have a significant impact on the 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 owns or operates a swimming pool that is installed, constructed or substantially modified after December 14, 2006 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:
New paragraph (b) of subdivision (14) of section 378 of the Executive Law requires that the Uniform Code provide that any residential or commercial swimming pool constructed or substantially modified after December 14, 2006 (the effective date of said paragraph) shall be equipped with an acceptable pool alarm capable of detecting a child entering the water and of giving an audible alarm. No significant alternatives to this rule were considered, since it appears that no such alternative would satisfy the specific directive of the Legislature as set forth in Executive Law section 378(14)(b).
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 operations, either as part of the installation or construction of a new swimming pool or the substantial modification of an existing swimming pool.
Regulatory Flexibility Analysis
1. EFFECT OF RULE:
This rule will apply to any small business and any local government that owns or operates a swimming pool that is installed, constructed or substantially modified after December 14, 2006. 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, but 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, construct or modify swimming pools and small businesses that sell swimming pool alarms 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 subject to the rule will be required to install, use and maintain swimming pool alarms in accordance with the rule's provisions. In cases where the installation, construction or substantial modification of a swimming pool involves the issuance of a building permit, the local government responsible for administering and enforcing the Uniform Code will be required to consider the requirements of this rule when reviewing plans and 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 pool alarm The cost of a typical surface wave sensor or subsurface disturbance sensor pool alarm suitable for most swimming pools (i.e., for regularly shaped pools up to 16′ × 32′) is estimated to be $150 to $200. Larger pools or irregularly shaped pools may require more than one such alarm. In the case of a large, complex shaped pools, more sophisticated system may be required. It is estimated that a self-setting pool alarm system using invisible sonar technology and capable of protecting a large, complex shaped swimming pool would cost between $5,000 and $8,000. A pool alarm system for an Olympic-size pool may cost between $35,000 and $40,000. The annual costs of complying with the rule will include the costs of operating and maintaining the alarm, which are anticipated to be modest. Any variations in such costs are likely to be attributable to variations in the size and configuration of the swimming pools to be protected, and not to the type or size of the small businesses and local governments that own the pools. To the extent that larger businesses and larger local governments may tend to own larger swimming pools, or more than one swimming pool, the total costs of compliance would be higher for larger entities and larger local governments.
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 several types of pool alarms on the market to be used.
This rule implements Executive Law section 378(14)(b). That statute requires that this rule apply to all swimming pools constructed or substantially modified after the effective date of section 378(14)(b), which is December 14, 2006. The statute does not authorize the establishment of differing compliance requirements or timetables with respect to swimming pools owned or operated by small businesses or local governments.
Providing exemptions from coverage by the rule was not considered because such exemptions are not authorized by Executive Law section 378(14)(b) and would endanger public safety.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
The Department of State will notify local governments and other interested parties throughout the State of the new requirements 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 3,700 subscribers representing all aspects of the construction industry. In addition, when this rule is proposed for permanent adoption, whether as a stand-alone provision or as part of a revision of the entire Uniform Code, the Code Council and the Department of State will conduct hearings and will solicit comments from the general public on this matter prior to voting to propose the adoption of this rule on a permanent basis.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS.
This rule implements the provisions of paragraph (b) of subdivision (14) of section 378 of the Executive Law, as added by Chapter 450 of the Laws of 2006, by adding a requirement to the Uniform Fire Prevention and Building Code (“Uniform Code”) that pool alarms be installed in any residential or commercial swimming pool that is installed, constructed or substantially modified after December 14, 2006. 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: all residential and all commercial swimming pools that are installed, constructed or substantially modified after December 14, 2006 will be required to be equipped with an acceptable pool alarm that is capable of detecting a child entering the water and of giving an audible alarm, and such alarms will be required to be installed, used and maintained in accordance with the manufacturer's instructions. No professional services that 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 pool alarm. The cost of a typical surface wave sensor or subsurface disturbance sensor pool alarm suitable for most swimming pools (i.e., for regularly shaped pools up to 16′ × 32′) is estimated to be $150 to $200. Larger pools or irregularly shaped pools may require more than one such alarm. In the case of a large, complex shaped pools, more sophisticated system may be required. It is estimated that a self-setting pool alarm system using invisible sonar technology and capable of protecting a large, complex shaped swimming pool would cost between $5,000 and $8,000. A pool alarm system for an Olympic-size pool may cost between $35,000 and $40,000. The annual costs of complying with the rule will include the costs of operating and maintaining the alarm, which are anticipated to be modest. 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.
4. MINIMIZING ADVERSE IMPACT.
Executive Law section 378(14)(b) makes 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 section 378(14)(b) requires that this rule apply to all swimming pools constructed or substantially modified after the effective date of section 378(14)(b), which is December 14, 2006. The statute does not authorize the establishment of differing compliance requirements or timetables in rural areas.
Providing exemptions from coverage by the rule was not considered because such exemptions are not authorized by Executive Law section 378(14)(b) and would endanger public safety.
5. RURAL AREA PARTICIPATION.
The Department of State will notify code enforcement officials throughout the State, including those in rural areas, and other interested parties of the new requirements 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 3,700 subscribers representing all aspects of the construction industry. In addition, when this rule is proposed for permanent adoption, whether as a stand-alone provision or as part of a revision of the entire Uniform Code, the Code Council and the Department of State will conduct hearings and will solicit comments from the general public on this matter prior to voting to propose the adoption of this rule on a permanent basis.
Job Impact Statement
The State Fire Prevention and Building Code Council has 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 residential and commercial swimming pools installed, constructed or substantially modified after December 14, 2006 be equipped with an pool alarm that is capable of detecting a child entering the water and giving an audible alarm. The pool alarms must be installed, used and maintained in conformance with the manufacturer's instructions. This rule is added pursuant to the requirements of paragraph (b) of subdivision (14) of section 378 of the Executive Law, which was added by Chapter 450 of the Laws of 2006.
Pool alarms that satisfy the requirements of this rule are currently available. The cost of a typical surface wave sensor or subsurface disturbance sensor pool alarm suitable for most swimming pools (i.e., for regularly shaped pools up to 16′ × 32′) is estimated to be $150 to $200. Larger pools or irregularly shaped pools may require more than one such alarm. The cost of providing the appropriate surface wave sensor or subsurface disturbance sensor pool alarm(s) is considered to be modest, particularly when considered in relation to the cost of the typical swimming pool. It is anticipated that requiring pool alarms will have no significant adverse impact on jobs or employment opportunities in businesses that manufacture, install or construct the types of swimming pools that can be protected by such surface wave sensor or subsurface disturbance sensor pool alarm(s). It is also anticipated that requiring pool alarms may have a positive impact on employment opportunities in businesses that sell, install and service pool alarms.
In the case of a large, complex shaped swimming pool, a more sophisticated system may be required. At least one manufacturer produces a pool alarm system, using sonar technology, which is claimed to be suitable for pools of virtually any size or shape. The cost of such a system is estimated to be between $5,000 and $8,000. A sonar-based pool alarm system for an Olympic-size pool may cost between $35,000 and $40,000. In these cases, the cost of providing the appropriate pool alarm system may add between 5% and 10% to the cost of the pool to be protected. This may have some negative impact on the segment of the swimming pool industry that constructs large, complex shaped swimming pools that require the more expensive sonar pool alarm systems. However, based on information provided on the International Aquatic Foundation website (http://www.iafh2o.org/IAF_Statistics.asp), of the estimated 8,349,000 swimming pools in the United States, only 270,000, or less than 3.25%, are “commercial” swimming pools. Based on this information, it is estimated that less than 3.25% of swimming pools that will be installed, constructed or substantially modified after December 14, 2006 will be “commercial” swimming pools. It is also anticipated that many such “commercial” swimming pools will be of a size and shape that can be protected by the less expensive surface wave sensor or subsurface disturbance sensor pool alarms mentioned above and, accordingly, it is estimated that the percentage of new swimming pools that will require the more expensive sonar pool alarm systems will be much less than 3.25%. Therefore, it is anticipated that this rule will not have a “substantial adverse impact on jobs and employment opportunities.”
