9 NYCRR Part 7830 - Executive Department

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Source versions current through May 15, 2022 - Oct 31, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7830.1 - Scope and intent

Source version current through Oct 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Oct 31, 2022

(a)The provisions of this Part apply to the sale or offering for sale of solar thermal systems and to the installation and servicing of such systems after January 1, 1981, in accordance with Energy Law article 12, Solar Energy Products Warranty Act.

(b)The intent of this Part is to encourage the use of solar energy and promote the development of a viable solar industry by providing purchasers with access to effective, well-designed, carefully manufactured solar thermal systems; by ensuring properly installed and properly serviced solar thermal systems; and by providing full warranty protection for all solar thermal systems, whether installed in residential, commercial, industrial, agricultural or institutional buildings, in accordance with the standards, terms and conditions specified in the Magnuson-Moss Warranty—Federal Trade Commission Act, 15 U.S. Code section 2301 et seq., and the rules and regulations promulgated thereunder, 16 Code of Federal Regulations, part 700 et seq.

9 NYCRR 7830.2 - Prohibition of waiver

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Any waiver of the provisions of this Part in a solar thermal system sales agreement, installation agreement or service agreement shall be deemed contrary to public policy and shall be unenforceable and void.

9 NYCRR 7830.3 - Relationship to other rights and remedies

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Nothing contained in this Part shall be construed to abridge or limit any other right or remedy that a purchaser or prospective purchaser may have at law or in equity, statutory or otherwise.

9 NYCRR 7830.4 - Definitions

Source version current through Oct 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Oct 31, 2022

For purposes of this Part, the terms hereinafter listed shall have the following meanings, unless the context clearly indicates otherwise.

(a)At retail means the first transfer of goods for lawful consideration from any person who is regularly in the business of buying and selling new solar thermal systems for profit to any person who is not regularly in the business of buying and selling new solar thermal systems for profit.

(b)Building means any combination of materials, whether portable or fixed, having a roof to form a structure, which is heated or cooled in the normal course, and which affords shelter for persons, animals or property, including any equipment therein or attached thereto. Building shall include indoor and outdoor swimming pools.

(c)Collector means a device designed to absorb incident solar radiation, to convert the solar radiation to thermal energy, and to transfer the thermal energy to a medium passing through or in contact with it.

(d)Component means any device or element of a solar thermal system which can generally be purchased separately from the entire system but is essential to the normal operation of that system, including collectors, heat exchangers, tanks, pumps, controllers, temperature sensors, meters and fans. Component shall not include standard pipes, ducts, switchboxes or hardware.

(e)Connecting parts means those parts other than components which are necessary for the installation of a solar thermal system and are supplied by the installer of such system. Connecting parts shall include standard pipes, ducts, switchboxes and hardware.

(f)Customer means any person who purchases at retail, or contracts with an installer or a servicer for the installation or servicing of a solar thermal system.

(g)Express warranty means:

(1)any affirmation of fact or promise made in connection with the sale or installation of a solar thermal system or component to a customer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect-free or will meet a specified level of performance over a specified period or time; or

(2)any undertaking in connection with the sale or installation of a solar thermal system or component to refund, repair, replace or take other remedial action with respect to such system or component;

which affirmation, promise or undertaking becomes part of the basis of the bargain resulting in the purchase and/or installation of a solar thermal system by a customer.

(h)Heat exchanger means a device that is used to transfer heat from one fluid to another through a single or double separating wall.

(i)Heat transfer fluid means any medium, including air, water or other fluid, which passes through or in contact with the solar collector for the purpose of carrying thermal energy away from the collector.

(j)Installer means any person who, for a fee, installs or offers to install a solar thermal system.

(k)Installation agreement means any agreement between an installer and a customer to install a solar thermal system.

(l)Make available means:

(1)in instances in which the seller or installer offers to sell or install a solar thermal system at a place other than his place of business, to disclose the fact that he has copies of the required warranty and product information which will be provided for inspection by the prospective customer at any time during the sales presentation, by orally making such statement and including such statement on any written materials shown to prospective customers;

(2)in instances in which the seller or installer offers to sell or install a solar thermal system at his regular place of business, to set out the text of the required warranty and product information nearby the displayed system or attach such information to the displayed system, or advertise in a prominent location in the showroom that a binder is available which contains the required warranty and product information and make such binder available to the customer upon demand; and

(3)in instances in which a solar thermal system is offered for sale through a catalogue or by mail, to clearly and conspicuously disclose in such catalogue or solicitation the required warranty and product information, or a statement that such information shall be provided promptly and without charge upon written request.

(m)Passive solar thermal system means a system which relies upon the design and elements of the building to enhance the use of natural forces, including solar insulation, winds, and nighttime coolness to heat or cool the building by the use of conductive, convective or radiant energy transfer, and which is not primarily dependent upon mechanical power for operation.

(n)Person means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision or other legal entity.

(o)Schematic diagram means a clear and comprehensive line drawing, showing and identifying at a minimum the following applicable components of the solar thermal system: number of collectors; type of heat transfer fluid; solar storage tanks and auxiliary energy source required for such tanks; expansion tanks; heat storage media; heat exchangers as single wall or double wall; controllers; temperature sensors; valves; fans; pumps; refrigeration units; and interfaces between drinkable water and nondrinkable heat transfer fluid.

(p)Seller means any person who sells or offers for sale, at retail, a solar thermal system.

(q)Service agreement means an agreement between a servicer and a customer to inspect, maintain, repair, replace or perform other nonwarranty services related to a solar thermal system over a specified duration of time.

(r)Servicer means a person who, for a fee, inspects, maintains, repairs, replaces or performs other nonwarranty services related to solar thermal systems or components.

(s)Solar thermal system means an arrangement or combination of components designed to provide heating, cooling or hot water in a building by the collection or storage of solar energy. Solar thermal systems shall not include passive solar systems.

(t)System manufacturer means any person who manufactures or assembles or designs and packages a solar thermal system.

(u)Warrantor means any person who gives or offers to give an express warranty.

9 NYCRR 7830.5 - Responsibilities of sellers

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)No seller shall offer for sale or sell a solar thermal system in New York State unless such seller has complied with this Part.

(b)Every agreement for the sale of a solar thermal system shall be in writing and be subscribed by the seller or his lawful agent and the customer or his lawful agent. The following statement shall appear on the face of every such agreement in a clear and conspicuous manner: “No specific thermal performance for this solar system is warranted unless stated herein.”

(c)All agreements for the sale of a solar thermal system shall contain or be accompanied by the following documents and information:

(1)the seller's name and mailing address;

(2)the seller's warranty as described in subdivision (f) of this section;

(3)the system manufacturer's warranty and all other information required to be provided by the system manufacturer as described in section 7830.6 of this Part;

(4)any written warranties provided by component manufacturers intended for the benefit of the customers;

(5)operation and maintenance instructions;

(6)where the seller is not also the installer, installation instructions, including a listing of necessary connecting parts appropriate for use with the system;

(7)where the seller is also the installer, the installation warranty and all other information required to be provided to the customer under section 7830.7 of this Part;

(8)the cost of the solar thermal system; and

(9)financing arrangements, if applicable.

(d)If component manufacturers' express warranties required in paragraph (c)(4) of this section cannot be provided at the time of the sales agreement, such warranties shall be provided at the time of delivery of the solar thermal system.

(e)All express warranties given by a seller shall be in writing.

(f)A seller must give the following minimum warranties to customers in accordance with section 7830.9 of this Part:

(1)a full one-year warranty against a defect in materials, manufacture or design of a solar thermal system; provided that a seller need not warrant against a defect in design where the solar thermal system is manufactured or assembled or designed and packaged in accordance with technical design specifications provided by the customer, or his lawful agent; and

(2)a full three-year warranty against a defect in materials, manufacture or design of a solar collector, tank and heat exchanger; provided that a seller need not warrant against a defect in design where the solar collector, tank or heat exchanger is manufactured or assembled or designed and packaged in accordance with technical design specifications provided by the customer or his lawful agent. Such warranties shall begin on the date installation of the system is complete.

(g)No seller shall offer for sale a solar thermal system unless such seller makes available to the prospective customer the information specified in subdivision (c) of this section.

9 NYCRR 7830.6 - Responsibilities of system manufacturers

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)No system manufacturer shall sell a solar thermal system intended for resale or use in New York State unless such system manufacturer has complied with this Part.

(b)A system manufacturer of a solar thermal system shall provide to the seller of each such system and, where the system manufacturer is also the seller, directly to the customer, the following documents and information:

(1)the name and mailing address of the system manufacturer;

(2)the name and model number of the solar thermal system if applicable;

(3)a schematic diagram for such solar thermal system;

(4)where the system manufacturer is not also the installer, installation instructions, including a listing of necessary connecting parts appropriate for use with the system;

(5)operation and maintenance instructions;

(6)general warnings or limitations, if any, relating to the heat transfer fluid;

(7)the system manufacturer's warranty described in subdivision (d) of this section; and

(8)any written warranties provided by component manufacturers, intended for the benefit of the customer.

(c)All express warranties given by a system manufacturer shall be in writing.

(d)A system manufacturer must give the following minimum warranties to customers in accordance with section 7830.9 of this Part:

(1)a full one-year warranty against a defect in materials, manufacture or design of a solar thermal system; provided that a system manufacturer need not warrant against a defect in design where the solar thermal system is manufactured or assembled or designed and packaged in accordance with technical design specifications provided by the customer, or his lawful agent; and

(2)a full three-year warranty against a defect in materials, manufacture or design of a solar collector, tank and heat exchanger; provided that a system manufacturer need not warrant against a defect in design where the solar collector, tank or heat exchanger is manufactured or assembled or designed and packaged in accordance with technical design specifications provided by the customer or his lawful agent. Such warranties shall begin on the date installation of the system is complete.

9 NYCRR 7830.7 - Responsibilities of installers

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)No installer shall enter into or offer to enter into an agreement to install a solar thermal system in New York State unless such installer has complied with this Part.

(b)Every agreement for the installation of a solar thermal system shall be in writing and be subscribed by the installer or his lawful agent and the customer or his lawful agent.

(c)All agreements for the installation of the solar thermal system shall contain or be accompanied by the following documents and information:

(1)the name and mailing address of the installer, if different from the seller;

(2)the services to be performed;

(3)the installer's warranty as described in subdivision (e) of this section;

(4)the cost of installation; and

(5)a statement that installation of the system will conform to installation instructions and requirements provided by the system manufacturer.

(d)All express warranties given by an installer shall be in writing.

(e)An installer must give to customers, at a minimum, a full one-year warranty, in accordance with section 7830.9 of this Part, against defect, malfunction or failure of a solar thermal system due to improper or faulty installation or use of an improper or defective connecting part. Such warranty shall begin on the date the installation of the system is complete.

(f)No installer shall offer to enter into an installation agreement unless such installer makes available the information specified in subdivision (c) of this section to the prospective customer.

9 NYCRR 7830.8 - Sale or construction of new buildings containing solar thermal systems

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Definitions.

For the purpose of this section, the terms hereinafter listed shall have the following meanings:

(1)New building means a building which has not been previously used to afford shelter for persons, animals or property; an existing building that has been substantially renovated or rehabilitated; or additional building space affording shelter for persons, animals or property that is added to an existing building; this term shall also include a newly constructed indoor or outdoor swimming pool.

(2)Contractor means a person who, for profit, enters into a contract with a person owning or leasing land for the construction of a new building thereon.

(3)First purchaser means the first person purchasing or contracting to purchase a new building for purposes other than resale;

(4)Owner means the person who contracts for the construction of a new building for purposes other than resale.

(b)Notwithstanding any other section of this Part, a contractor constructing, or a person in the business of selling for profit, a new building containing a solar thermal system must comply only with the provisions of this section.

(c)A contractor constructing, or a person in the business of selling for profit, a new building containing a solar thermal system, who has himself purchased such solar thermal system at retail, shall pass through to the owner or first purchaser, respectively, and make available to a prospective purchaser, the following documents and information:

(1)the name and mailing address of the person who sold at retail the solar thermal system installed in the new building;

(2)the warranty given by the seller of such solar thermal system;

(3)the warranty given by the system manufacturer of such solar thermal system, if the system manufacturer is not the seller;

(4)operation and maintenance instructions; and

(5)any other information provided by the system manufacturer, including the name and mailing address if different from the seller's, the name and model number of the solar thermal system, the schematic design, warnings and limitations, if any, relating to the heat transfer fluid, and any written warranties provided by component manufacturers intended for the benefit of the owner or first purchaser.

(d)A contractor constructing, or a person in the business of selling for profit, a new building containing a solar thermal system, who manufactured or assembled or designed and packaged such solar thermal system, shall give to the owner or first purchaser, respectively, and make available to a prospective purchaser:

(1)a full one-year warranty, in accordance with section 7830.9 of this Part, against a defect in materials, manufacture or design of the solar thermal system, which warranty shall begin on the date of the completion of the new building or the transfer of title, respectively; provided that the contractor or seller of the new building need not warrant against a defect in design where the solar thermal system is manufactured or assembled or designed and packaged in accordance with technical design specification provided by the owner or first purchaser, or his lawful agent;

(2)a full three-year warranty, in accordance with section 7830.9 of this Part, against a defect in materials, manufacture or design of a solar collector, tank and heat exchanger, which warranty shall begin on the date of the completion of the new building or the transfer of title, respectively; provided that the contractor or seller of the new building need not warrant against a defect in desgin where the solar collector tank or heat exchanger is manufactured or assembled or designed and packaged in accordance with technical design specifications provided by the owner or first purchaser, or his lawful agent;

(3)a schematic diagram for the solar thermal system;

(4)operation and maintenance instructions;

(5)general warnings or limitations in use, if any, relating to the heat transfer fluid; and

(6)any written warranties provided by component manufacturers, intended for the benefit of the owner or first purchaser

(e)A contractor constructing, or a person in the business of selling for profit, a new building containing a solar thermal system shall give to the owner or first purchaser, respectively, and make available to a prospective purchaser:

(1)a full one-year warranty, in accordance with section 7830.9 of this Part, against a defect, malfunction or failure of a solar thermal system due to faulty installation or use of an improper or defective connecting part, which warranty shall begin on the date of the completion of the new building or the transfer of title, respectively; and

(2)a statement that installation of the system conforms to installation instructions and requirements provided by the system manufacturer, if applicable.

(f)Every agreement for the sale or construction of a new building containing a solar thermal system shall display on the face of the agreement the following statement in a clear and conspicuous manner: “No specific thermal performance for this solar system is warranted unless stated herein.”

(g)Any express warranty covering a solar thermal system given by a contractor constructing, or a person in the business of selling for profit, a new building shall be in writing. All warranties and other product information required to be provided to the owner or first purchaser of a new building under subdivisions (c) through (e) of this section shall be conveyed not later than the completion of the new building or the transfer of title, respectively.

9 NYCRR 7830.9 - Full warranties

Source version current through Oct 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Oct 31, 2022

(a)Where a warrantor must provide more than one warranty pursuant to sections 7830.5 through 7830.8 of this Part, he may include all such warranties in a single written document or provide separate warranty documents conforming to the requirements of each above referenced section that is applicable.

(b)Warranty terms.

The full warranties required by sections 7830.5 through 7830.8 of this Part and any additional express warranties made shall be in writing and shall clearly and conspicuously disclose the following information in readily understood language:

(1)the identity of persons to whom the warranty is extended;

(2)a clear description and identification of products, parts, characteristics, components or properties covered by the warranty;

(3)a statement of what the warrantor will do in the event of a defect, malfunction or failure, as provided in subdivision (c) of this section;

(4)the point in time the warranty term commences and the warranty duration;

(5)a step-by-step procedure which the customer should follow in order to obtain performance of warranty obligations, including a list of the class of persons authorized to perform such warranty obligations;

(6)if applicable, information concerning the availability of an informal dispute settlement mechanism which the consumer is required to use;

(7)if applicable, any exclusion or limitation on incidental or consequential damages, and a statement in the following language: “Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you”; and

(8)a statement in the following language: “This warranty gives you specific legal rights, and you may also have other legal rights that vary from state to state.”

(c)Duties of warrantors.

Any person required to give a full warranty pursuant to sections 7830.5 through 7830.8 of this Part shall be subject to the following duties:

(1)In the case of a defect, malfunction or failure of the solar thermal system to conform with the express warranty, the warrantor must repair or replace the solar thermal system within a reasonable time and without charge.

(2)If the solar thermal system contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions, the warrantor must permit the customer to elect a refund, or a replacement of the system or component, as appropriate, which shall include reinstallation without charge.

(3)The performance of the duties specified in paragraphs (1) and (2) of this subdivision shall not be required if the warrantor can show that the defect, malfunction or failure was caused by unreasonable use or, with respect to warranties made by the system manufacturer or seller, that the defect, malfunction or failure resulted from improper or faulty installation of the system.

(4)The warrantor may not require a customer to return a warranty registration card as a prerequisite of warranty coverage and performance, or impose any other duty as a condition of obtaining a remedy, unless the warrantor can demonstrate such other duty is reasonable.

(5)The warrantor may not impose any limitation on the duration of any implied warranty on the solar thermal system.

(6)The warrantor shall extend the warranty obligations during the duration of the express warranty to any person to whom the solar thermal system, or the building on which such system is installed, is transferred.

9 NYCRR 7830.10 - Responsibilities of servicers

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)No servicer shall enter into or offer to enter into a service agreement for a solar thermal system or component thereof unless the servicer has complied with this Part.

(b)No servicer shall enter into or offer to enter into a service agreement for a solar thermal system or component thereof unless he has the ability to perform all services described in such agreement in a timely manner by virtue of:

(1)knowledge of the mechanics and components of the subject solar system, equipment and skills necessary to fulfill the obligations of the agreement, and regular access to components, connecting parts and system information; or

(2)an existing business relationship with a person having such knowledge, equipment, skills and access.

(c)No servicer shall enter into a service agreement unless such agreement is subscribed in writing by the servicer or his lawful agent and the customer or his lawful agent and includes or is accompanied by the following information:

(1)the name and business address of the servicer;

(2)the services to be provided;

(3)the cost of services;

(4)the dates the service agreement begins and terminates; and

(5)cancellation or transfer provisions, if any.

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