PRIOR PRINTER'S NOS. 1437, 1716 PRINTER'S NO. 1828
No. 1046 Session of 2006
INTRODUCED BY MELLOW, O'PAKE, COSTA, LAVALLE, FONTANA,
C. WILLIAMS, STACK, RAFFERTY, PILEGGI, ORIE, LEMMOND AND
KITCHEN, JANUARY 3, 2006
AS AMENDED ON THIRD CONSIDERATION, JUNE 13, 2006
AN ACT
1 Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2 "An act establishing a uniform construction code; imposing
3 powers and duties on municipalities and the Department of
4 Labor and Industry; providing for enforcement; imposing
5 penalties; and making repeals," further providing for
6 adoption by regulations.
7 It is the intention of the General Assembly that this law be
8 referred to as Nicholas' Law.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 301(a) of the act of November 10, 1999
12 (P.L.491, No.45), known as the Pennsylvania Construction Code
13 Act, is amended by adding a paragraph to read:
14 Section 301. Adoption by regulations.
15 (a) Regulations.--
16 * * *
17 (10) The regulations shall require an owner or lessee of
18 a residential swimming pool, hot tub or spa to:
19 (i) secure the structure with a barrier that has a
1 locking device to prevent access to the structure when it
2 is not in use; and
3 (ii) utilize the locking device when the pool, hot
4 tub or spa is not in use.
5 FOR PURPOSES OF THIS PARAGRAPH, THE TERM "IN USE" SHALL <--
6 INCLUDE ACTIVITIES OCCURRING WITHIN THE VICINITY OF THE POOL,
7 AND A "LOCKING DEVICE" MAY INCLUDE THOSE THAT ARE CONSIDERED
8 CHILD SAFETY LOCKS OR LATCHES WHICH PREVENT A SMALL CHILD
9 FROM GAINING ACCESS TO THE POOL.
10 * * *
11 Section 2. This act shall take effect in 60 days.
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