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NESPA Government Relations Action Committee

The Northeast Pool & Spa Association is your voice on legislation and regulations impacting our industry. NESPA GRAC monitors legislative action across the region and represents the pool and spa industry when these important actions are being debated.

NESPA GRAC often works with dedicated member volunteers and lobbyists on behalf of our members  to oppose onerous over-regulation. We have important relationships with Federal, State and local officials and are in regular contact to share our industry’s perspective on legislation. 

The Government Relations Action Committee consists of representatives from each of our four chapters.  If you have questions about legislation and government regulations contact
NESPA at 609-689-9111.

Legislation We Are Monitoring

Federal

Visit www.apsp.org for more information on Federal legislation.


 

TEXT IN RED DENOTES NEW LEGISLATIVE AND REGULATORY UPDATES SINCE LAST MONTH’S REPORT


CONNECTICUT Governor Dan Malloy (D) Building Codes Executive Order - BUILDING CODES Summary: Connecticut Governor Dan Malloy (D) has issued an executive order calling for the strengthening of the state building codes for commercial and residential buildings. The order directs state agencies to develop new standards that will protect structures from damage caused by flooding and high winds. The governor is instructing the Department of Administrative Services, the Department of Energy and Environmental Protection, and the Insurance Department to work with the State Building Inspector to include those standards for new and renovated structures in the next revision to the building code.

 file:///C:/Users/bl/Downloads/EO_53_Resiliency%20(1).pdf

CONNECTICUT S.B. 826 - LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Summary: Final version (5/25/2017): This measure allows licensed professionals to renew their registrations within six months after their registration expires. 

Status: Introduced; 2/16/2017. passed Senate 5/25/2017. Passed House 6/6/2017. Signed by Governor Dan Malloy (D) 6/27/2017.


CONNECTICUT S.B. 890 - BUILDING CODES Sponsor: Joint Committee on Public Safety and Security 

Summary: This measure exempts the deconstruction or disassembly of swimming pools from licensing requirements under section 29-402 of the general statutes. 

Status: Introduced 2/22/2017. Passed Senate 6/1/2017. Passed House 6/7/2017. Sent to Governor 6/15/2017. Signed by Governor Dan Malloy (D) 6/27/2017.

NEW JERSEY A.B. 215 - Consumer Protection/Consumer Product Safety 

Sponsor: Assemblymember Wayne DeAngelo (D) 

Summary: Invalidates any consumer contract, including any arbitration agreement, that contains language requiring a consumer to waive the right to contact a law enforcement agency, State, county or municipal department or agency, or any other entity for the purposes of reporting a consumer complaint. Invalidates any contract containing language that requires the consumer to waive substantive rights provided by the consumer fraud act, the used car lemon law and other consumer protection laws. 

http://www.njleg.state.nj.us/2016/Bills/A0500/215_I1.PDF 

Status: Filed 1/12/2016. Introduced; referred to Assembly Consumer Affairs Committee 1/27/2016. 

Outlook: The measure was referred to the Assembly Consumer Affairs Committee where it awaits further consideration. The sponsor does not serve on the committee of referral. This measure is a refile of A.B. 2691 from the 2014-2015 Legislative Session, which failed to advance beyond its initial committee of referral. 

A companion measure has not yet been introduced in the Senate.

NEW JERSEY A.B. 224 - LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS

Establishes a Pool and Spa Service Contractors and Pool and Spa Builders and Installers Advisory Committee in the Department of Law and Public Safety, under the Board of Examiners of Electrical Contractors. 

Substituted version (6/2/2016): Text is not yet available 

Introduced version: http://www.njleg.state.nj.us/2016/Bills/A0500/224_I1.PDF 

Status: Introduced 1/12/2016. Referred to Assembly Regulated Professions Committee 1/27/2016. Hearing held; substituted; passed Committee 6/2/2016. Passed Assembly 10/20/2016. Referred to Senate Commerce Committee 11/3/2016. 

Outlook: This measure has been referred to the Senate Commerce Committee, where Senator Nellie Pou (D) serves as Chair. 

This measure passed the Assembly by a vote of 53-13. 

This measure was substituted for a new draft, the substitute establishes a Pool and Spa Service Contractors and Pool and Spa Builders and Installers Advisory Committee in the Department of Law and Public Safety, under the Board of Examiners of Electrical Contractors.

NEW JERSEY A.B. 759 - Consumer Protection/Consumer Product Safety 

Sponsor: Assemblymember Paul Moriarty (D) 

Summary: Stipulates no consumer contract may contain a provision requiring a consumer to give up rights protected by the consumer fraud act or any other with State or Federal consumer protection law. 

http://www.njleg.state.nj.us/2016/Bills/A1000/759_I1.PDF 

Status: Filed 1/12/2016. Introduced; referred to Assembly Consumer Affairs Committee 1/27/2016. 

Outlook: The measure was referred to the Assembly Consumer Affairs Committee where it awaits further consideration. The sponsor serves as chair of the committee of referral. 

This measure is a refile of A.B. 4097 from the 2014-2015 Legislative Session. Both A.B. 4097 and its companion, S.B. 2903, failed to receive consideration from their full chamber. 

Companion legislation has not yet been filed in the Senate to accompany this measure.

NEW JERSEY A.B. 2796 - Special Request 

Sponsor: Assemblymember Jay Webber (R) 

Summary: Changes current law to allow discretion in the awarding of damages by the courts in cases concerning violations under the consumer fraud act. Mandates that these damages do not exceed three times the actual damages suffered by the consumer. 

States that technical violations of the consumer fraud act do not allow for the awarding of attorney's fees and filing costs.

Requires the consumer to have been aware of, relied on, used or employed the unlawful act or practice in order to succeed in their consumer fraud action. 

Requires the consumer to serve a written demand on the seller before filing a suit. 

Specifies that the consumer fraud act only applies to New Jersey residents or transactions that take place within the State. 

http://www.njleg.state.nj.us/2016/Bills/A3000/2796_I1.PDF 

Status: Filed 2/4/2016. Introduced; referred to Assembly Consumer Affairs Committee 2/8/2016. 

Outlook: The measure was referred to the Assembly Consumer Affairs Committee where it awaits further consideration. The sponsor does not serve on the committee of referral.

This measure is a refile of A.B. 2293 from the 2014-2015 Legislative Session, which failed to advance beyond its committee of referral. 

Companion legislation, S.B. 1669, has been filed in the Senate to accompany this measure. 

Companion Bill: 2016 S.B. 1669 

NEW JERSEY A.B. 4273 - Special Request 

Sponsor: Assemblymember Louis Greenwald (D) 

Summary: This measure directs a regulatory officer to provide active supervision of a professional or occupational licensing board located within the Division of Consumer Affairs in the Department of Law and Public Safety or within any other principal department of the Executive Branch of State government if the membership of the board is comprised of a majority of active market participants, or if the board’s membership would be comprised of a majority of active market participants but for a vacancy or vacancies in membership. The bill requires the regulatory officer to review any regulation, action, or decision made by a board that is under the regulatory officer’s purview, and authorizes the regulatory officer to amend, repeal, or set aside any regulation, action, or decision made by that board that is determined to have the potential to displace competition and that is inconsistent with and does not further or promote clearly articulated affirmatively expressed State policy or the inherent, logical, or ordinary result of that policy.

The measure is intended to provide antitrust immunity to professional and occupational licensing boards consistent with federal law, specifically the decision of the United States Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission. In that decision the Court held that if a controlling number of a board’s members are active market participants in the profession or occupation the board regulates, then the board may invoke state-action antitrust immunity only if it is subject to active supervision by the state. The provisions of this bill direct the appropriate regulatory officer to provide active supervision of any professional or occupational licensing board that is subject to the provisions of the bill. 

The measure defines “active market participant” as a board member who is licensed or certified by that board, or who owns or shares ownership in a business or professional practice that provides any service that is subject to the regulatory authority of that board. 

The bill measure “board” as a board, committee, commission, or any other entity created by law to license or otherwise regulate a profession or occupation in this State. 

The measure also defines “regulatory officer” as the Attorney General or the Attorney General’s designee, in the case of boards located within the Division of Consumer Affairs in the Department of Law and Public Safety, or the commissioner or the commissioner’s designee, in the case of boards located within another principal department of the Executive Branch of State government.

 http://www.njleg.state.nj.us/2016/Bills/A4500/4273_I1.PDF

Status: Introduced; referred to Assembly Regulated Professions Committee 10/20/2016. Hearing held; passed Committee 12/5/2016. Amended 2/15/2017. 

Outlook: This measure was amended on the Assembly floor on February 15. Neither the amendment nor the revised text have been made available. You will receive proper notification when the text becomes available.

NEW JERSEY A.B. 5051 - WATER SAFETY PUBLIC/PRIVATE 

Sponsor: Assemblymember Angela McKnight (D) 

Summary: This measure requires the Commissioner of Community Affairs, in consultation with the Commissioner of Health to design, produce and distribute to each municipality in which a public pool is located, a poster warning of the dangers of

dry drowning and listing all of the symptoms of dry drowning, and a one-page information pamphlet providing that information. The measure also requires the governing body of every municipality that operates a public swimming pool to post that poster in a prominent area at the pool, and to also require that a copy of the one-page information sheet be provided to municipal residents annually, either at the time they register as members of the municipal pool, or at the public swimming pool during the first two weeks that the pool is open. 

Status: Introduced; referred to Assembly State and Local Government Committee 6/26/2017. 

According to the sponsor, “Dry drowning” occurs when someone inhales water into their lungs but isn't affected until after he or she has left the water. It is also referred to as secondary drowning. Patients can then have breathing difficulties due to airway muscle spasms. The laryngospasm reflex essentially causes asphyxiation and neurogenic pulmonary edema. Young children are particularly susceptible to “dry drowning,” and the sponsor intends that the provisions of this measure will provide parents and caregivers of small children with critical information that will save lives as their children enjoy playing in swimming pools on a hot summer day. 

The sponsor is a member of the majority party. This measure has not garnered the support of cosponsors.

NEW JERSEY S.B. 755 - Consumer Protection/Consumer Product Safety 

Sponsor: Senator James Beach (D) 

Summary: Stipulates no consumer contract can contain a provision requiring a consumer to give up rights protected by the consumer fraud act or any other State or Federal consumer protection law. 

http://www.njleg.state.nj.us/2016/Bills/S1000/755_I1.PDF 

Status: Introduced; referred to Senate Commerce Committee 1/12/2016. 

Outlook: This measure is a refile of S.B. 2903 from the 2014-2015 Legislative Session, which failed to advance beyond its committee of referral. 

Companion

NEW JERSEY S.B. 1195 - LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: Senator Jennifer Beck (R) 

Summary: This measure revises the “Contractors’ Registration Act”, to strengthen the protections afforded New Jersey consumers who engage the services of home improvement contractors. 

Furthermore, it requires an applicant for registration to disclose any person connected to a home improvement business who has a substantial interest in the entity or any parent, subsidiary or affiliate of the entity. 

Finally, it addresses an ongoing problem that the division has encountered concerning individuals who reincorporate and apply for registration as a new business entity in order to circumvent disclosing to consumers the existence of division disciplinary actions against their previously registered home improvement contracting business. 

Status: Introduced; Referred to Senate Commerce Committee 2/8/2016.

NEW JERSEY S.B. 1669 - Special Request 

Sponsor: Senator Steven Oroho (R) 

Summary: Changes current law to allow discretion in the awarding of damages by the courts in cases concerning violations under the consumer fraud act. Mandates that these damages do not exceed three times the actual damages suffered by the consumer.

States that technical violations of the consumer fraud act do not allow for the awarding of attorney's fees and filing costs. 

Requires the consumer to have been aware of, relied on, used or employed the unlawful act or practice in order to succeed in their consumer fraud action. 

Requires the consumer to serve a written demand on the seller before filing a suit. 

Specifies that the consumer fraud act only applies to New Jersey residents or transactions that take place within the State. 

http://www.njleg.state.nj.us/2016/Bills/S2000/1669_I1.PDF 

Status: Introduced; referred to Senate Commerce Committee 2/16/2016. 

Outlook: This measure is a refile of S.B. 2293 from the 2014-2015 Legislative Session, which failed to advance beyond its committee of referral. 

Companion legislation, A.B. 2796, has been filed in the Assembly to accompany this measure. 

The sponsor is a member of the minority party, has garnered the support of one cosponsor and does not serve on the committee of referral. In New Jersey, the Democratic Party controls both chambers of the Legislature and the Republican Party controls the Governor's Office. 

Companion Bill: 2016 A.B. 2796

NEW JERSEY S.B. 1705 - POOL/SPA ALARMS, POOL/SPA FENCING 

Sponsor: Senator Anthony Bucco (R) 

Summary: Establishes "William's Law," pertaining to pool safety. 

Bill text not yet available. 

Status: Introduced 2/16/2016. 

Outlook: This measure is a refile, S.B. 1073, from the 2014-2015 Legislative Session. The measure failed to receive committee consideration. 

Companion legislation has not yet been introduced. 

NEW JERSEY S.B. 1922 - LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: Senator James Beach (D) 

Summary: Provides for licensing of pool and spa service contractors, and pool and spa builders and installers. 

States that to be eligible for licensure as a pool and spa service contractor, an applicant must be at least 18 years of age and be of good moral character. 

States that in addition, the applicant must meet qualifications established by the board, in consultation with the committee, regarding experience, continuing education, financial responsibility and integrity, and establish his qualifications to perform and supervise various phases of pool and spa service contracting as evidenced by successful completion of, and having earned, one of the following:

(a) An Association of Pool and Spa Professionals (APSP) certification as a Certified Service Professional (CSP);
(b) An APSP certification as a Certified Service Technician (CST);
(c) An APSP certification as a Certified Building Professional (CBP);
(d) For those persons who only service and maintain portable spas, an APSP certification as a Certified Hot Tub Technician (CHTT);
(e) Any other certification acceptable to the board in consultation with the committee.

http://www.njleg.state.nj.us/2016/Bills/S2000/1922_I1.PDF

Status Introduced 3/7/2016. Referred to Senate Commerce Committee 3/11/2016. Hearing held; amended; passed committee; referred to Senate Budget and Appropriations Committee 5/15/2017. 

Outlook: This measure was heard May 15. During the hearing, the committee amended and passed the measure by a vote of 5-1. The amendments make changes to the composition requirement of the advisory committee. 

This measure awaits further consideration by the Senate Budget and Appropriations Committee. This measure was referred to the Senate Commerce Committee. The sponsor sits on the committee of referral. This measure is a refile, S.B. 3227, from the 2014-2015 Legislative Session. The measure failed to receive committee consideration. 

The sponsor is a member of the majority party. The Democratic Party controls both chambers of the Legislature while the Republican Party controls the Governor’s office. 

A companion measure has not yet been introduced. However, a similar piece of legislation has been introduced in the Assembly, A.B. 224. 

Effective Date: 180 days after enactment


NEW YORK A.B. 593 - BUILDING CODES 

Sponsor: Assemblymember Michael Miller (D) 

Summary: This measure prohibits code enforcement officers from utilizing any device or technology which would allow the user to conduct a live feed of data or images to a remote viewer.

http://statelink.stateside.com/Attachments/278838_Read Bill - AB 593 - As Filed.pdf

Status: Introduced; referred to Assembly Cities Committee 1/9/2017. The Assembly and Senate adjourned for recess June 21, 2017. Measures may still receive consideration after adjournment at the discretion of Speaker Carl Heastie (D) or Senate President John Flanagan (R). Speaker Heastie or Senate President Flanagan would need to call their respective chamber to order and schedule a measure to be considered. 

Outlook: This measure has been referred to the Assembly Cities Committee, where Assemblymember Michael Benedetto (D) serves as Chair. The sponsor does not serve on the committee of referral. 

According to the sponsor: This bill addresses the practice of using technological devices during an inspection that would allow a third party to observe and interfere with an inspection that is currently in progress. With the advancement of technology, items such as Google Glass, which can connect a Bluetooth and transmit a live feed are becoming readily available for use by inspectors or officers while conducting an inspection. This presents an issue for business owner who already feel as if they are being slapped with hefty fines by inspectors. To allow an inspector to transmit a live feed would only further alienate business owners and this bill is intended to prohibit that practice. 

The sponsor is a member of the majority party. This measure has not garnered the support of cosponsors. 

NEW YORK A.B. 1085 - Consumer Protection/Consumer Product Safety 

Sponsor: Assemblymember  Jeffrey Dinowitz (D)

Summary: The measure increases the monetary exclusion on the requirement for plain language in consumer contracts to $250,000. 

http://statelink.stateside.com/Attachments/-1_NY AB 1152.doc 

Status: The Assembly passed the measure by a unanimous vote during the January 24 floor session. The Assembly and Senate adjourned for recess June 21, 2017. Measures may still receive consideration after adjournment at the discretion of Speaker Carl Heastie (D) or Senate President John Flanagan (R). Speaker Heastie or Senate President Flanagan would need to call their respective chamber to order and schedule a measure to be considered. 

Outlook: The measure awaits further consideration in the Judiciary Committee, chaired by Assemblymember Helene Weinstein (D).

The measure is a refile of A.B. 1152 from the 2015-2016 Legislative Session, which passed the Assembly by a unanimous vote, but failed to receive further consideration in the Senate.

NEW YORK A.B. 2344 - BUILDING CODES 

Sponsor: Assemblymember Fred Thiele (D) 

Summary: This measure allows the courts to grants injunctions and temporary restraining orders in connection with local land use, building and fire regulations. 

http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A02344&term=2017&Text=Y 

Status: Introduced; referred to Assembly Judiciary Committee 1/18/2017. 

Outlook: This measure has been referred to the Assembly Judiciary Committee, chaired by Assemblymember Helene Weinstein (D). The sponsor does not serve on the committee of referral.

 According to the sponsor: At this time, local justice courts have the authority to enforce local land use, fire and building codes, only by imposing a criminal penalty of a fine or imprisonment after a trial. In many cases, these violations present cases where there is imminent threat to life, health or safety that requires immediate judicial action. Current law requires that an action for an injunction or for a TRO must go the State Supreme Court. State Courts are already overburdened and such matters can competently be handled in the Justice Courts, which already have wide ranging civil and criminal authority. Justice can be dispensed more efficiently and effectively by permitting such cases to be heard in Justice Court and by giving said courts the additional authority to issue injunctions and TROs. In many cases, equitable relief is a far more effective enforcement tool that a fine. It should also be pointed out that other local city and district courts already have this authority. 

The sponsor is a member of the majority party. This measure has garnered the support of co-sponsors. 

This measure has been introduced every year since 2001, though never made it out of committee.

The Assembly and Senate adjourned for recess June 21, 2017. Measures may still receive consideration after adjournment at the discretion of Speaker Carl Heastie (D) or Senate President John Flanagan (R). Speaker Heastie or Senate President Flanagan would need to call their respective chamber to order and schedule a measure to be considered.

NEW YORK A.B. 2708 - TAX (ENVIRONMENTAL INCENTIVES) Sponsor: Assemblymember Barbara Lifton (D) 

Summary: This measure creates a tax credit for energy efficiency home improvements. This measure provides an income tax credit of up to 25% of the cost of any items that improve the energy efficiency of a home, up to a maximum of $2,500. Furthermore, this measure also directs NYSERDA to adopt rules and regulations setting forth home improvements which qualify for the tax credit and have them provide such list on their website.

 http://statelink.stateside.com/Attachments/-1_Read Bill - AB 2708 - As Filed.pdf 

Status: Introduced; referred to Assembly Ways and Means Committee 1/23/2017. 

Outlook: This measure has been referred to the Assembly Ways and Means Committee for further consideration. 

According to the sponsor: Many energy efficient products can raise the value of a home. Increased assessments as a result of increases home values could be a deterrent to a homeowner to replacing inefficient materials with energy efficient ones. This legislation will help to offset the cost of any items that improve the energy efficiency of a home (i.e. new windows, insulation). 

The sponsor is a member of the majority party.

NEW YORK A.B. 6824 - BUILDING CODES

Sponsor: Assemblymember Pamela Hunter (D) 

Summary: This measure directs the state fire prevention and building code council to update the state fire prevention and building code and the state energy conservation construction code. 

This measure requires the updating of the State Uniform Fire Prevention and Building Code (Uniform Code) within 12

months of formal publishing by the International Code Council for the Codes currently being enforced in New York State: International Building, Fire, Residential, Plumbing, Mechanical, Fuel Gas, Existing Building, Property Maintenance Codes and the National Electrical Code published by the National Fire Protection Association. 

This measure requires the updating of the State Energy Conservation and Construction Code within 12 months of formal publishing of the International Energy Conservation Code by the International Code Council and ANSI/ASHRAE/IESNA Standard 90.1 as published by ASHRAE.

 http://statelink.stateside.com/Attachments/303204_Read Bill - AB 6824 - As Filed.pdf 

Status: Introduced; referred to Assembly Governmental Operations Committee 3/21/2017. Hearing held; passed Assembly Governmental Operations Committee; referred to Assembly Codes Committee 6/6/2017. Hearing held; passed committee; referred to Assembly Rules Committee 6/19/2017. 

Outlook: The measure passed in the Assembly Codes Committee, chaired by Assemblymember Joseph Lentol (D). This measure awaits further consideration in the Assembly Rules Committee. 

At the June 6 hearing, the Assembly Governmental Operations Committee favorably passed this measure by a majority vote.

According to the sponsor: When states and local governments stay current with updated building codes, they encourage market-ready solutions that increases the safety, resiliency, energy-efficiency, and overall performance of homes, schools, hospitals, and other buildings. Timely adoption of model safety codes promotes private sector innovation and competition by guiding new technologies into the marketplace through the code, it increases protection and decreases reconstruction costs from damage caused by natural disasters; and protects the value of the building owners' investment. The 2012 President's Hurricane Sandy Rebuilding Task Force was charged with the development of guidelines and recommendations of how to direct more than $20 billion in federal funding for infrastructure recovery and resilience. One of the recommendations was for states to use the most current building codes saying that "using the most current code ensures that buildings and other structures incorporate the latest science, advances in technology and lessons learned... These codes help ensure that more resilient structures are built and that communities are better protected from all types of hazards and disasters" 

The sponsor is a member of the majority coalition.

NEW YORK S.B. 876 - TAX (ENVIRONMENTAL INCENTIVES

Sponsor: Senator Robert Ortt (R) 

Summary: This measure establishes an exemption for the sale and installation of residential and commercial geothermal heat pump systems. 

This measure defines "residential geothermal heat pump system equipment" as an arrangement or combination of components installed in and around a residential building that uses the ground or ground water as a thermal energy sources or as a thermal energy sink designed to provide and distribute heating and/or cooling and/ or hot water, also commonly referred to as ground source heat pump systems. 

This measure states that where a county containing one or more cities with a population of less than one million has elected the exemption for commercial geothermal heat pump systems equipment and installation, a city within such county shall have the prior right to impose tax on such exempt equipment and/or installation to the extent of one half of the maximum rates. 

States that where a city of less than one million has elected the exemption for commercial geothermal heat pump systems equipment and installation, the county in which such city is located shall have the prior right to impose tax on such exempt equipment and/or installation to the extent of one half of the maximum rates. 

http://statelink.stateside.com/Attachments/-1_Read Bill - SB 876 - As Filed.pdf 

Status: Introduced; referred to Senate Energy and Telecommunications Committee 1/5/2017. 

Outlook: This measure has been referred to the Senate Energy and Telecommunications Committee, chaired by Senator Joseph Robach (R). The sponsor is not a member of the committee of referral.

**PENNSYLVANIA H.B. 595 - Energy Efficiency Standards

Sponsor: Representative Tim Briggs (D) 

Summary: Requires the adoption energy-efficient appliances and equipment ratings beyond Energy Star requirements. Encourages the state and its municipalities to adopt Energy Star equipment in state-owned or state-funded buildings by 2015. 

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2015&;sessInd=0&billBody=H&-billTyp=B&billNbr=0595&;pn=0675 

Status: Introduced; referred to House Environmental Resources and Energy Committee 2/24/2015. 

Outlook: According to the sponsor, this measure will be similar to H.B. 1324, which he filed during the 2013-2014 legislative session. H.B. 1324 was referred to the House Environmental Resources and Energy Committee where it failed upon adjournment. 

This was originally introduced as a co-sponsorship memorandum. The sponsor is a member of the minority party. The Republican Party controls both legislative chambers while the Democratic Party controls the Governor's Office. 

PENNSYLVANIA H.B. 903 - BUILDING CODES 

Sponsor: Representative Mauree Gingrich (R)

Summary: Current version (6/16/2015): Establishes the powers and authority of the Board of Commissioners to use the Uniform Construction Code to enact and enforce codes and ordinances to govern and regulate the construction, alteration, repair, occupation, maintenance, sanitation, lighting, ventilation, water supply, toilet facilities, drainage, use and inspection of all buildings and housing constructed, erected, altered, designed or used for any use or occupancy and the sanitation and inspection of land. 

Current version (6/16/2015): http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessY-r=2015&;sessInd=0&billBody=H&billTyp=B&billNbr=0903&;pn=1830 

Introduced version: http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2015&;sess-Ind=0&billBody=H&billTyp=B&billNbr=0903&;pn=1123 

Status: Introduced; referred to House Local Government Committee 4/8/2015. Hearing held; passed Committee 6/2/2015. Referred to House Rules Committee 6/3/2015. Hearing held; amended; passed Committee; referred to House Appropriations Committee 6/16/2015. Hearing held; passed Committee; passed House 6/17/2015. Referred to Senate Local Government Committee 6/19/2015. 

Outlook: This measure has been referred to the Senate Local Government Committee, where Senator Scott Hutchinson (R) serves as Chair. 

The House passed this measure June 17 by a vote of 189-0. 

The sponsor is a member of the majority party. This measure has garnered the support of co-sponsors. The Republican Party controls both legislative chambers and the Democratic Party controls the Governor's Office. 

Effective Date: 60 days after passage 

PENNSYLVANIA H.B. 1957 - BUILDING CODES

Sponsor: Representative Jeffrey Pyle (R) 

Summary: This measure amends the Pennsylvania Construction Code Act to create an referendum process that citizens could utilize to abrogate municipal arrangements which consist of a single third-party agency enforcing the Uniform Construction Code.

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2015&;sessInd=0&billBody=H&-billTyp=B&billNbr=1957&;pn=3134

Status: Introduced; referred to the House Labor and Industry Committee 4/8/2016. 

Outlook: The measure has been referred to the House Labor and Industry Committee, chaired by Representative Mauree Gingrich (R). 

The sponsor is a member of the majority party. The Republican Party controls both legislative chambers and the Democratic Party controls the Governor’s Office. 

Effective Date: 60 days after passage

PENNSYLVANIA S.B. 792 - BUILDING CODES 

Sponsor: Senator Scott Hutchinson (R) 

Summary: This measure establishes that township commissioners may propose and enact an ordinance to equal or exceed the minimum requirements of the Uniform Construction Code. Requires ordinances that exceed the Code to meet the standards provided for in the Pennsylvania Construction Code Act. 

It states that a building, housing or property, or part of a building, housing or property erected, altered, extended, reconstructed, removed or maintained, contrary to the provisions of an ordinance passed for a purpose specified in this article may be declared, by a court of law, a public nuisance. 

Furthermore, it establishes that township commissioners may propose and enact property maintenance ordinances. States that township commissioners may appoint property maintenance inspectors, who shall have the right to enter upon and inspect any premises. 

Finally, this measure establishes that when the Uniform Construction Code or a replacement code is no longer applicable, a township commissioner may enact and enforce ordinances to govern and regulate the construction, reconstruction, alteration, extension, repair, conversion, maintenance, occupation, sanitation, ventilation, heating, egress, lighting, electrical wiring, water supply, toilet facilities, drainage, plumbing, fire prevention, fireproofing, including prescribing limitations wherein only buildings of noncombustible material and fireproofed roofs are used in construction, erection or substantial reconstruction, use and inspection of all buildings and housing or parts of buildings and housing and the roofs, walls and foundations of buildings and housing, and all facilities and services in or about the buildings or housing constructed, erected, altered, designed or used, in whole or in part, for use or occupancy and the sanitation and inspection of land appurtenant to the buildings or housing. It states the codes may be combined or separately enacted or combined with the Property Maintenance Code.

 http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2015&;sessInd=0&billBody=S&-billTyp=B&billNbr=0792&;pn=0953

Status: Introduced; referred to Senate Local Government Committee 5/20/2015. Hearing held; passed Committee 6/10/2015. Passed Senate 6/25/2015. Referred to House Local Government Committee 6/26/2015. 

Outlook: This measure has been referred to the House Local Government Committee where Representative Kate Harper (R) serves as Chair. 

The Senate passed this measure June 25 by a vote of 49-0. 

The sponsor is a member of the majority party. This measure has garnered the support of co-sponsors. The Republican Party controls both legislative chambers and the Democratic Party controls the Governor's Office. 

Effective Date: 60 days after passage

REGULATIONS
CONNECTICUT

**CT Department of Consumer Protection adopted rule: Swimming Pool Assembler's License Application

Note: The Swimming Pool Assembler's license for the installation of “new” above ground pools or spas is not required due to a 2017 legislative change in the Connecticut General Statutes. 

As a result of this change Persons and Companies that install “new” above ground pool’s now only need to be registered as a Connecticut Home Improvement Contractor to offer new above ground pool and spa installation to home owners of existing home’s. www.ct.gov/dcp 

The maintenance and repair of above ground pools or spas still require the swimming pool and spa maintenance and repair license types of SP-1 and SP-2 for any work performed after the initial installation.

 

NEW JERSEY

**NJ Department of Community Affairs, Division of Codes and Standards proposed rule: Uniform Construction Code 

SubIssue : Pools & Spas 

First Reported: 08/09/2017 

Date Updated: 10/06/2017 

Contact: Kathleen Asher (609) 292-6420 

Citation: Proposed Amendments: N.J.A.C. 5:23-2.15, 2.20, 3.2, 3.4, 3.14, 4.4, 4.5, 4.12, 4.13, 4.14, 4.18, 4D.3, 4D.4, and 6.2; Proposed New Rule: N.J.A.C. 5:23-7.1 

Upcoming Action: Comments Due 10/6/2017 

Status: Comments 

Regulation ID: NJ35523 

Service Type: Regulatory Alert 

Rule Summary: 

The Division proposed a new rule under the Uniform Construction Code. Among other provisions, the rule removes an existing exemption in state code for multifamily dwelling units from being required to provide barrier free access to swimming pools and similar facilities. Comments are due 10/6/2017.

NJ Department of Health proposed rules: Public Recreational Bathing 

SubIssue : Pools & Spas 

First Reported: 08/10/2017 

Date Updated: 08/10/2017

Contact: Joy L. Lindo 609-984-2177

Citation: N.J.A.C. 8:26-2.3, 2.5, 3.1, 3.20, 3.23, 4.2, 4.7, and 4.8; N.J.A.C. 8:26-1, 2.1, 2.2, 2.4, 2.6, 3.2, 3.9, 3.12, 3.13, 3.15, 3.17, 3.18, 3.19, 3.21, 3.22, 3.24, 4.1, 4.3, 4.4, 4.5, 4.12, 4.13, 5, 6, 7, and 8; N.J.A.C. 8:26-2.7, 3.25, 4.14, 8.14, 5.15, 6.13, 6.14, 6.15, and 6.16 and 8:26 Appendices A through F; N.J.A.C. 8:26-3.3 through 3.8, 3.10, 3.11, 3.14, 3.16, 4.6, 4.10, and 4.11 and 8:26 Appendix

Upcoming Action: Comments Due 10/6/2017 

Status: Comments 

Regulation ID: NJ35525 

Service Type: Regulatory Alert 

Rule Summary: 

The Department proposed to amend, repeal, and create a number of regulations to establish sanitary and safety standards for public recreational bathing facilities, which are non-private bathing beaches, hot tubs and spas, swimming and wading pools, lake fronts, and aquatic recreation facilities. Comments are due 10/6/2017.

NEW YORK NY Uniform Fire Prevention and Building Code Council final rule effective 10/3/2016: Amendments to the Uniform Code 

SubIssue : Pools & Spas

First Reported: 08/21/2014 

Date Updated: 04/08/2016 

Contact: Mark Blanke (518) 474-4073 

Citation: DOS-47-15-00017 

Upcoming Action: Nothing Scheduled 

Status: Final Regulation ID: NY26518 

Service Type: Regulatory Alert


Rule Summary:

The Council adopted amendments to the State Uniform Fire Prevention and Building Code (Uniform Code). The adoption includes: (1) the 2015 IRC section 326 on swimming pools, spas and hot tubs; (2) the 2015 IBC section 3109.3 on public swimming pools; (3) the 2015 IBC section 3109 on swimming pool enclosures and safety devices; (4) the 2015 IPMC section 303 on swimming pools, spas and hot tubs; and (5) standards published by the Association of Pool & Spa Professionals. Notice was published in the register. The rule is effective 10/3/2016.

 Notice of final amendments (pdf pg 33): 

http://docs.dos.ny.gov/info/register/2016/april6/pdf/rulemaking.pdf 

Notice of proposed amendments (pdf pg 28): 

http://docs.dos.ny.gov/info/register/2015/november25/pdf/rulemaking.pdf

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