Bill > S1705

Introduced Session

This bill, designated as "William's Law," establishes swimming pool safety standards. Drowning is one of the nation's leading causes of death to children under five. The statistics are staggering: · an estimated 350 children under five years of age drown each year in swimming pools; · 5,000 children 14 years of age and under are hospitalized due to near‑drownings each year; · fifteen percent of children admitted for near-drowning die in the hospital; · as many as 20 percent of near‑drowning survivors suffer severe, permanent neurological disability; · 65 percent of preschooler pool drownings occur in the child's home pool and 33 percent at the homes of friends, neighbors or relatives; and · 70 percent of preschoolers who drown are in the care of one of both parents at the time of the drowning and 75 percent are missing from sight for five minutes or less. Children can drown in just a few minutes and in as little as an inch or two of water. Given that most children who drowned or nearly drowned were last seen in the house or away from the pool or spa, estimates predict that the widespread use of pool fencing would prevent 50 to 90 percent of pediatric pool drownings and near-drownings. In light of these facts, this bill would require swimming pools to be entirely enclosed by a wall, fence, or other barrier. A swimming pool is defined as any structure intended for swimming and includes any affixed structure or contained body of water eighteen inches or more in depth at any point and wider than eight feet at any point. This includes, but is not limited to, swimming pools, hot tubs, non-portable spas, home ponds, and fountains. The bill outlines specifications for the fences and any gates they may have. In addition, the bill allows owners limited flexibility if a residence or living area constitutes part of the wall, fence, or barrier, and outlines the requirements for acceptable alternatives in this case. The bill specifies that it does not apply to certain water storage or delivery systems or structures used in normal agricultural practices. It also provides that more stringent existing county or municipal laws, rules, or regulations pertaining to swimming pool safety or the enclosure of swimming pools would still be enforceable. Under the bill, a violation would be a petty disorderly persons offense, which is punishable by up to 30 days imprisonment, a fine of up to $500, or both. However, the bill provides an exception to the penalty if the person has enclosed, or made a good faith effort to enclose, the swimming pool within 45 days of a citation. The bill would also require the Commissioner of Community Affairs to establish an educational awareness campaign informing the public about their rights and responsibilities under this act.

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Anthony Bucco (R)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 02/29/2016)