Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicability.
This section applies to evaporative emission control systems on small off-road
engines or equipment that use small off-road engines subject to the emission
standards in this Article. The warranty period begins on the date the engine or
equipment is delivered to an ultimate purchaser.
(b) General Evaporative Emissions Warranty
Coverage. The engine or equipment must be warranted to the ultimate purchaser
and any subsequent owner that the evaporative emission control system when
installed was:
(1) Designed, built, and
equipped so as to conform with all applicable regulations; and
(2) Free from defects in materials and
workmanship that causes the failure of a warranted part for a period of two
years.
(c) The warranty
on evaporative emissions-related parts will be interpreted as follows:
(1) Any warranted part that is not scheduled
for replacement as required maintenance in the written instructions required by
subsection (e) must be warranted for the warranty period defined in subsection
(b)(2). If any such part fails during the period of warranty coverage, it must
be repaired or replaced by the Holder or the Holder's contracted warranty
provider according to subsection (4) below. Any such part repaired or replaced
under the warranty must be warranted for a time not less than the remaining
warranty period.
(2) Any warranted
part that is scheduled only for regular inspection in the written instructions
required by subsection (e) must be warranted for the warranty period defined in
subsection (b)(2). A statement in such written instructions to the effect of
"repair or replace as necessary" shall advise owners of the warranty coverage
for evaporative emissions related parts. Replacement within the warranty period
is covered by the warranty and will not reduce the period of warranty coverage.
Any such part repaired or replaced under warranty must be warranted for a time
not less than the remaining warranty period.
(3) Any warranted part that is scheduled for
replacement as required maintenance in the written instructions required by
subsection (e) must be warranted for the period of time prior to the first
scheduled replacement point for that part. If the part fails prior to the first
scheduled replacement, the part must be repaired or replaced by the
manufacturer according to subsection (4) below. Any such part repaired or
replaced under warranty must be warranted for a time not less than the
remainder of the period prior to the first scheduled replacement point for the
part.
(4) Repair or replacement of
any warranted part under the warranty provisions of this article must be
performed at no charge to the owner at a warranty station.
(5) Notwithstanding the provisions of
subsection (4) above, warranty services or repairs must be provided at
distribution centers that are franchised to service the subject engines or
equipment.
(6) The owner must not
be charged for diagnostic labor that leads to the determination that a
warranted part is in fact defective, provided that such diagnostic work is
performed at a warranty station.
(7) Throughout the evaporative emission
control system's warranty period set out in subsection (b)(2), the Holder or
the Holder's contracted warranty provider must maintain a supply of warranted
parts sufficient to meet the expected demand for such parts and must obtain
additional parts if that supply is exhausted.
(8) Manufacturer-approved replacement parts
that do not increase the exhaust or evaporative emissions of the engine or
evaporative emission control system must be used in the performance of any
warranty maintenance or repairs and must be provided without charge to the
owner. Such use will not reduce the warranty obligations of the Holder or the
Holder's contracted warranty provider.
(9) The use of add-on or modified parts may
be grounds for disallowing a warranty claim made in accordance with this
Article. The Holder or the Holder's contracted warranty provider will not be
liable under this Article to warrant failures of warranted parts caused by the
use of an add-on or modified part.
(10) The Holder shall provide any documents
that describe that Holder warranty procedures or policies within five working
days of request by the Executive Officer.
(d) A list of all evaporative emission
warranty parts must be included with each new engine or equipment subject to
this Article. The evaporative emission warranty parts list shall include all
parts whose failure would increase evaporative emissions, and may contain, but
is not limited to, the following parts:
(1)
Fuel Tank
(2) Fuel Cap
(3) Fuel Line (for liquid fuel and fuel
vapors)
(4) Fuel Line
Fittings
(5) Clamps*
(6) Pressure Relief Valves*
(7) Control Valves*
(8) Control Solenoids*
(9) Electronic Controls*
(10) Vacuum Control Diaphragms*
(11) Control Cables*
(12) Control Linkages*
(13) Purge Valves*
(14) Gaskets*
(15) Liquid/Vapor Separator
(16) Carbon Canister
(17) Canister Mounting Brackets
(18) Carburetor Purge Port Connector
*NOTE: As they relate to the evaporative emission control
system.
(e)
Written instructions for the maintenance and use of the evaporative emissions
control system by the owner shall be furnished with each new engine or
equipment subject to this Article. The instructions must be consistent with
this Article and applicable regulations contained herein.
(f) The documents required by subsections (d)
and (e) must be submitted with the application for evaporative emission control
system certification for approval by the Executive Officer. Approval by the
Executive Officer of the documents required by subsections (d) and (e) is a
condition of certification. The Executive Officer will approve or disapprove
the documents required by subsections (d) and (e) within 90 days of the date
such documents are received.
(g)
The application for evaporative emission control system certification must also
include a statement regarding the maintenance of the evaporative emission
control system. The statement must include, but not be limited to, information
on evaporative emission control system maintenance, and a maintenance
schedule.
(h) Any other warranty
statements applicable to engines or equipment units must not imply a limitation
on the evaporative emissions warranty period or its applicability to subsequent
owners after the ultimate purchaser. If the warranty period for any warranty
other than the emissions warranty is less than two years, the statement of such
warranty must specifically state that it does not limit the evaporative
emissions warranty period of two years from purchase. If any warranty other
than the emissions warranty does not extend to subsequent owners after the
ultimate purchaser, the statement of such warranty must specifically state that
it does not affect the applicability of the evaporative emissions warranty to
subsequent owners after the ultimate purchaser.
1. New
section filed 9-20-2004; operative 10-20-2004 (Register 2004, No.
39).
2. Amendment filed 11-13-2017; operative 1-1-2018 (Register
2017, No. 46).
3. Editorial correction of subsection (d)(3)
(Register 2018, No. 15).
Note: Authority cited: Sections 39600, 39601 and 43013,
Health and Safety Code. Reference: Section 43013, Health and Safety
Code.
