Title 9 Part 500

The purpose of this Part is to provide procedures governing those who:

It is also intended to prevent deceptive and fraudulent advertising and to protect the public from being victimized by such advertising of fallout shelters.

This Part establishes criteria for selling or offering for sale fallout shelters as defined in subdivisions 15 and 16 of section 3 of the Defense Emergency Act, as amended.

A building, structure or other real property, or an area or portion thereof, so constructed, altered or improved as to provide protection against harmful radiation resulting from radioactive fallout in accordance with the plan, regulations or orders of the commission pertaining thereto, including such plumbing, heating, electrical, ventilating, conditioning, filtrating and refrigerating equipment and other mechanical additions or installations, if any, as may be an integral part thereof.

Buildings, shelters, utilities and land.

The relative reduction in the amount of radiation that would be received by a person in a shelter compared with the amount which he would receive if unprotected. For example, an unprotected person would receive 100 times more radiation than a person in a shelter having a protection factor of 100.

Fallout shelters must meet the minimum standards as established by Subchapter B hereof.

Whenever a facility is sold, or is offered for sale, or there is a contract to sell or construct, or there is an offer to construct, or to alter or improve, or an offer to alter or improve any area or portion of a building, structure or other real property in order to provide any facility which represented, either expressly or implied, to reduce the intensity of fallout radiation such facility must comply with the plan, regulations or orders of the commission which are in effect pertaining thereto unless there is a prompt and full disclosure to the contrary. Such disclosure in order to be effective must be made as follows:

Any person, firm, association or corporation, or any agent, officer, employee or member thereof who fails to comply with section 500.5 of this Part, will:

In any sale of or in any contract (a) to sell, (b) to construct, or (c) to alter or improve any area or portion of a building, structure, or other real property in order to provide any facility represented, expressly or implied, to reduce the intensity of fallout radiation, there is an implied warranty or condition that such facility complies with the plan, regulations or orders of the commission which are in effect pertaining to shelters, unless there is prompt and full disclosure in accordance with the regulations of the commission of the fact that such facility does not comply in this respect with such plan, regulations or orders of the commission.

If a fallout shelter design meets the minimum requirements of the New York State Civil Defense Commission, the advertiser may disclose the fact in advertising. Even though the shelter design meets the aforementioned requirements, however, an advertiser shall not represent that the shelter has been approved or endorsed by the State or by an agency of the State. Thus, the use of seals, insignia, trade or brand names, or any other term or symbol implying State government connection, approval or endorsement shall not be used in advertising.