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396-CC - Notification of Enclosure Requirements for Swimming Pools.

NY Gen Bus L § 396-CC (2019) (N/A)
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(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. * NB There are 2 § 396-cc's

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396-CC - Notification of Enclosure Requirements for Swimming Pools.