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N.Y. General Business Law 396-CC – Notification of enclosure requirements for swimming pools

1.

Terms Used In N.Y. General Business Law 396-CC

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
a. No person, firm, association or corporation engaged in the business of selling and/or installing swimming pools of a dimension subject to New York state regulation or local law shall sell or install any swimming pool unless such person, firm, association or corporation provides notice to consumers that the New York state uniform fire prevention and building code and, if such notice is given in a city with a population of one million or more or a county that a portion of which is within fifty miles of a city with a population of one million or more, the building code of the city of New York, require barriers around swimming pools that contain certain levels of water and that additional costs may be incurred when installing a pool in order to comply with state or local laws regarding fencing, pool alarms and other safety requirements and instructing consumers to contact the local building code enforcement office for further details and to consult municipal codes and regulations for any further requirements. Such notice shall be given by prominently posting a sign where pools are displayed and/or sold or where swimming pools are offered for sale through a printed swimming pool display or swimming pool catalogue available to customers in retail stores. Such sign shall be no less than nine inches by fourteen inches using letters no less than one-half inch in height. Such sign shall include the address of the website at which the document required to be made available by the department of state pursuant to subdivision six of section three hundred seventy-six of the executive law is posted and, if such notice is given in a city with a population of one million or more or a county a portion of which is within fifty miles of a city with a population of one million or more, the address of the website of the New York city department of buildings. Any person, firm, association or corporation engaged in the business of selling and/or installing swimming pools of a dimension subject to New York state regulation or local law shall, upon request of a consumer, provide a written notice that shall clearly indicate the address of the website at which the document required to be made available by the department of state pursuant to subdivision six of section three hundred seventy-six of the executive law is posted and, if such notice is given in a city with a population of one million or more or a county that a portion of which is within fifty miles of a city with a population of one million or more, the address of the website of the New York city department of buildings. Such notice shall be no less than five inches by eight inches using letters no smaller than fourteen point type.
b. For the purposes of this section:

(i) “New York state uniform fire prevention and building code” means the uniform fire prevention and building code promulgated under section three hundred seventy-seven of the executive law.
(ii) “building code of the city of New York” shall mean the building code of the city of New York as defined in titles twenty-seven and twenty-eight of the administrative code of the city of New York.
2. Any person, firm, association or corporation who or which violates the provisions of subdivision one of this section shall be subject to a civil penalty of not more than one thousand dollars for each such violation.
3.

a. Upon any violation of the provisions of subdivision one of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of the violation. If it shall appear to the satisfaction of the court or justice that the defendant has violated subdivision one of this section, an injunction may be issued by the court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eight thousand three hundred three of the civil practice law and rules, and direct restitution.
b. In connection with an application made under paragraph a of this subdivision, the attorney general is authorized to take proof and to make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
4. The provisions of subdivision one of this section may be enforced concurrently by the director of a municipal consumer affairs office, or by the town attorney, city corporation counsel, or other lawful designee of a municipality or local government, and all moneys collected thereunder shall be retained by such municipality or local government.
5. Nothing in this section shall be construed to expand, limit, or otherwise affect the authority of municipalities to adopt more restrictive standards for the construction or installation of swimming pools pursuant to section three hundred seventy-nine of the executive law.

N.Y. General Business Law 396-CC – Senior citizen discounts

1. Except as provided pursuant to subdivision two of this section, any person, firm, partnership, corporation, or association, or agent or employee thereof, which offers, in the regular course of business, an established senior citizen price discount on any merchandise, commodity, or service, may not discontinue or disallow such established senior citizen discount on any merchandise, commodity, or service that has been separately discounted for the general populace; but rather, any separately discounted merchandise, commodity, or service must be offered in addition to, and not in lieu of, the established senior citizen discount.

Terms Used In N.Y. General Business Law 396-CC

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. Any person, firm, partnership, corporation, or association, or agent or employee thereof, may discontinue or disallow a senior citizen discount on any merchandise, commodity, or service that has been separately discounted for the general populace, provided that: (a) any advertisements which promote the discounted price of such merchandise, commodity, or service disclose that “no other discounts shall apply” or “this discount may not be combined with any other offer” or words of like import; or (b) such person, firm, partnership, corporation, or association offering an established senior citizen discount program notifies holders at the time of application for such program of limitations or restrictions on the usage of such established discount program; or (c) such person, firm, partnership, corporation, or association notifies the general public of the disallowance or discontinuance of such senior citizen discount by conspicuously posting: (i) a sign in close proximity to the item or items themselves; or (ii) a sign affixed to the cash register or point of sale; or (iii) a sign so situated as to be clearly visible to the buyer from the cash register or point of sale.
3. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one hundred dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.