LAWS OF NEW YORK, 2001
CHAPTER 1
Alysa's Law


EXPLANATION—Matter in italics is new; matter in brackets [ ] is
old law to be omitted.


LAWS OF NEW YORK, 2001
CHAPTER 1

AN ACT to amend the social services law, in relation to requiring barri-
ers to be placed around swimming pools and bodies of water on the
grounds of family day care homes or group family day care homes

Became a law February 8, 2002, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. This act shall be known and may be cited as "Alysa's Law".
§ 2. The social services law is amended by adding a new section 390-d
to read as follows:
§ 390-d. Requiring barriers to be placed around swimming pools and
bodies of water on the grounds of family day care homes or group family
day care homes. 1. For the purposes of this section the following terms
shall have the meanings set forth below:
(a) "Grounds of a family day care home or group family day care home"
shall mean in, on or within any building, structure or land contained
within the real property boundary line of a family day care home or a
group family day care home.
(b) "Swimming pool" shall mean any outdoor pool or tub intended for
swimming, bathing or wading purposes.
(c) "Bodies of water" shall include, but not limited to, ponds,
springs, streams, creeks, lakes, rivers and oceans.
(d) "Barriers" shall mean all fences, enclosures or other materials
sufficient to form an obstruction to the free passage of persons through
such materials.
2. (a) Any swimming pool or body of water located on the grounds of a
family day care home or group family day care home shall be surrounded
by a barrier sufficient to form an obstruction to the free passage of
children through such barrier into such swimming pool or body of water.
Such barrier shall be adequate to make such swimming pool or body of
water inaccessible to children which, including gates thereto, shall be
at least four feet high from the adjacent ground. All such gates shall
include a locked barrier which shall be located at least four feet high
above the adjacent ground or otherwise made inaccessible to children
from the outside.
(b) Where a body of water is present and not wholly contained within
the grounds of family day care home or group family day care home, the
grounds of such home must be surrounded and enclosed by a barrier suffi-
cient to make such body of water inaccessible to children.
(c) All pathways, walkways, decks or any other connecting entrance to
such swimming pool or body of water shall be obstructed by a barrier
sufficient to impede the free passage of children into or around the
area immediately adjacent to such swimming pool or body of water.
3. Nothing in this section shall preclude local authorities with
enforcement jurisdiction of the applicable sanitation, health, fire
safety or building construction code from making appropriate inspections
to assure compliance with such standards.
§ 3. Section 390-a of the social services law is amended by adding a
new subdivision 4 to read as follows:
4. No license or registration shall be issued to a family day care
home or group family day care home and no such registration shall be
renewed if barriers, as defined in paragraph (d) of subdivision one of
section three hundred ninety-d of this title, are not present around any
swimming pool or body of water, as defined in paragraphs (b) and (c) of
subdivision one of section three hundred ninety-d of this title, located
on its grounds, pursuant to section three hundred ninety-d of this
title.
§ 4. This act shall take effect on the first day of July next succeed-
ing the date on which it shall have become a law; provided, however that
the office of children and family services shall have the authority to
promulgate any rules or regulations necessary for the timely implementa-
tion of the provisions of this act on or before such date.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly

Page last updated July 23, 2003