Go
Association of Pool & Spa Professionals
The Pool & Spa Show Codes & Regs Buyers & Owners

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.


Connecticut | New Jersey | New York | Pennsylvania

Legislation We Are Monitoring

Federal

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


Connecticut 

CONNECTICUT  H.B.  5227  -  LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: Representative Jason Rojas (D)

Summary: Relieves the holder of a swimming pool builder's license from also paying licensing and renewal fees for a swimming pool assembler's license.

https­://ww­w.cga­.ct.g­ov/20­16/TO­B/h/2­016HB­-0522­7-R00­-HB.h­tm­

Status: Introduced; referred to Joint Committee on General Law 2/12/2016.

Outlook:  This measure is a proposed bill for the 2016 legislative session. Proposed bills are not written in full statutory language, only committees may introduce bills formally. 

 

CONNECTICUT  S.B.  240  -  POOL/SPA FENCING 

Sponsor: CT Joint Committee on Public Safety and Security

Summary: 
Establishes that splash pads or spray parks do not require fences.

https­://ww­w.cga­.ct.g­ov/20­16/TO­B/s/2­016SB­-0024­0-R00­-SB.h­tm­

Status: Introduced; referred to Joint Committee on Public Safety and Security 2/24/2016.  Hearing scheduled 3/1/2016.

Outlook:  A hearing has been scheduled for March 1 in the Joint Committee on Public Safety and Security. Public testimony will be accepted. A vote will not be held until the measure is scheduled for an executive session.


New Jersey

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://ww
w.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) 

Sponsor: Assemblymember Wayne DeAngelo (D)

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

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.

A224 NJ Pool Contractors Licensing bill 2016

Senate Version S1922

Status:   Cleared the General Assembly on 10/21/16

This measure is a refile, A.B. 4052, from the 2014-2015 Legislative Session. The measure was referred to the Assembly Regulated Professions Committee, but failed to receive consideration.

 

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

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 York

*NEW YORK  A.B.  1152  -  Consumer Finance 

Sponsor: Assemblymember Jeffrey Dinowitz (D)

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

http:­//ass­embly­.stat­e.ny.­us/le­g/?de­fault­_fld=­%0D%0­A&­;bn=A­01152­&­term=­2015&­amp;T­ext=Y­

Status: Introduced; referred to Assembly Judiciary Committee 1/8/2015. Hearing scheduled 3/3/2015.

Outlook:  Public testimony is generally not accepted at scheduled meetings; however, a vote on this measure is likely.

The measure is a refile of A.B. 7777 from last session. Companion legislation has not been filed to accompany this measure which is considered important for a measure to gain consideration in New York.

The sponsor is a member of the majority party and serves in the committee of referral. In New York, committees are not required to consider each bill referred to them. The Republican Party controls the Senate while the Democratic Party controls the Assembly and the Governor’s Office.

NEW YORK  A.B.  1940  -  BUILDING CODES 

Sponsor: Assemblymember Steven Englebright (D)

Summary: Allows municipalities to adopt a building code that is more stringent than the standards imposed by the State Building Council.

http:­//ass­embly­.stat­e.ny.­us/le­g/?de­fault­_fld=­&­bn=AB­+1940­&­term=­2015&­amp;T­ext=Y­

Status: Introduced; referred to Assembly Committee on Governmental Operations 1/13/2015.
 

Outlook:  
The sponsor is a member of the majority party. The Republican party controls the Senate while the Democratic party controls the Assembly and the Governor’s Office.

Companion legislation has not yet been filed in the Senate. Companion legislation is considered important to moving bills through the legislative process.

This measure has yet to garner the support of any cosponsors.

NEW YORK  S.B.  7565  -  BUILDING CODES 

Sponsor: Senator Catharine Young (R)

Summary: Allows a local government to adopt codes for construction that are more stringent than the uniform code if approved by the State Fire Prevention and Building Code Council. States that the Council must make a decision within 180 days of receiving the receipt whether to approve the codes in whole or in part.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_NY S­B7565­.doc­

Status: Introduced; referred to Senate Housing, Construction and Community Development 5/15/2014.

Outlook:  The sponsor is a member of the majority coalition, but is not a member of the committee of referral. Republicans and the Independent Democratic Conference share control of the Senate forming the Senate Majority Coalition. The coalition agreement created the position of Temporary President, which will alternate between two conference leaders (Senator Jeff Klein, (IDC) and Senator Dean Skelos (R)) every two weeks. Democrats control the Assembly and Governor's office. Measures in the Legislature can be brought up at anytime, even after long periods of inactivity. This measure has not been previously introduced, nor does it have a companion in the Assembly. Companion legislation is considered important to moving bills through the legislative process.

The Assembly adjourned for recess June 19 with the Senate adjourning for recess June 20. While unlikely, all measures that were left in either chamber after adjournment may still be acted upon. The only way for a measure to receive further action this year will be if Speaker Sheldon Silver (D) calls the Assembly to order or the Senate Temporary President, Senator Jeff Klein (IDC) or Senator Dean Skelos (R), calls the Senate to order and order a measure to be considered. Measures will not be considered “failed” until the Legislature adjourns Sine Die December 31, 2014.

Effective Date: Immediately


Pennsylvania

**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&­amp;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.


REGULATIONS

NEW YORK

**NY Uniform Fire Prevention and Building Code Council proposed rule: Amendments to the Uniform Code 


SubIssue : Pools & Spas

First Reported: 08/21/2014
Date Updated: 12/01/2015
Contact: Mark Blanke (518) 474-4073
Citation: DOS-47-15-00017
Upcoming Action: Public Hearings 1/25/2016, 1/26/2016, 1/27/2016, 1/28/2016, and 1/29/2016; Comments Due 2/5/2016
Status: Workshop / Meeting / Hearing / Comments
Regulation ID: NY26518

Service Type: Regulatory Alert


Rule Summary: 

The Council proposed 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. Public hearings will be held throughout the state 1/25/2016, 1/26/2016, 1/27/2016, 1/28/2016 and 1/29/2016. Comments are due 2/5/2016.

Notice of proposed amendments (pdf pg 28):
http:­//doc­s.dos­.ny.g­ov/in­fo/re­giste­r/201­5/nov­ember­25/pd­f/rul­emaki­ng.pd­f­

New York

NY Uniform Fire Prevention and Building Code Council proposed rule: Amendments to the Uniform Code 


SubIssue : Pools & Spas

First Reported: 08/21/2014
Date Updated: 02/17/2016
Contact: Mark Blanke (518) 474-4073
Citation: DOS-47-15-00017
Upcoming Action: Public Hearings 1/25/2016, 1/26/2016, 1/27/2016, 1/28/2016, and 1/29/2016; Comments Due 2/5/2016
Status: Workshop / Meeting / Hearing / Comments
Regulation ID: NY26518

Service Type: Regulatory Alert


Rule Summary: 

The Council proposed 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. Public hearings will be held throughout the state 1/25/2016, 1/26/2016, 1/27/2016, 1/28/2016 and 1/29/2016. Comments are due 2/5/2016.

 

Pennsylvania


PA Department of Labor and Industry final rule effective 12/31/2015: Review of the 2015 International Code Council Codes 


SubIssue : Pools & Spas

First Reported: 05/15/2014
Date Updated: 12/04/2015
Contact: Pete Von Getzie 717.787.4186 
Citation: I-Codes
Upcoming Action: Nothing Scheduled
Status: Final
Regulation ID: PA25833

Service Type: Regulatory Alert


Rule Summary: 

The Department adopted sections of the 2015 International Code Council (ICC). The Department adopted by reference various codes issues by the 2015 ICC, including the International Building Code (IBC), the International Mechanical Code (IMC), the International Fire Code (IFC), the International Fuel Gas Code, the International Residential Code (IRC), the International Plumbing Code, the International Existing Building Code (IEBC), and the International Energy Conservation Code (IEEC). Notice was published in the bulletin. The rule is exempt from the formal rulemaking process. The rule is effective 12/31/2015.

Notice of final exempt rule:
http:­//www­.pabu­lleti­n.com­/secu­re/da­ta/vo­l45/4­5-48/­2101.­html­

Copyright 2017 by NESPA
Scroll Up