Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Applicability. This section applies to SIMW subject to the
standards in this Article. The warranty period begins on the date the SIMW is
delivered to an ultimate purchaser.
(b)
General Evaporative Emissions
Warranty Coverage. The SIMW EO Holder must warrant to the ultimate
purchaser, and any subsequent owner within the warranty period, that the
evaporative emissions control system, when installed, complies with the
following:
(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
is primarily the responsibility of the EO Holder. In the event that the
evaporative emissions control system component exhibits a defect in the
manufacture or integrity of the evaporative emissions control system component,
the EO Holder will be responsible for addressing all warranty issues, unless
the part has failed due to abuse, neglect, improper maintenance, or unapproved
modifications.
(d) 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 (f) must be warranted for a 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 responsible representative (as stated in (c)) issuing the
warranty according to paragraph (4). 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 (f) 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" 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 (f), 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 responsible
representative (as stated in subsection (c)) according to paragraph (4). 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 paragraph (4), warranty services or repairs, must be provided at
distribution centers that are franchised to service the subject SIMW.
(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 emissions control system's warranty period set out in subsection
(b)(2), the responsible representative (as stated in subsection (c)) issuing
the warranty, must maintain a supply of warranted parts sufficient to meet the
expected demand for such parts.
(8)
Evaporative system builder approved replacement parts 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
responsible representative (as stated in subsection (c)) issuing the
warranty.
(9) The use of any add-on
or modified parts will be grounds for disallowing a warranty claim made in
accordance with this Article. The EO Holder (as stated in subsection (c))
issuing the warranty will not be liable under this Article to warrant failures
of warranted parts caused by abuse, neglect, improper maintenance, or
unapproved modifications.
(10) The
EO Holder (as stated in subsection (c)) issuing the warranty must provide any
documents that describe that evaporative system builder's warranty procedures
or policies within 15 working days of a request by the Executive
Officer.
(e) A copy of
the following evaporative emissions warranty parts list must be included with
each new SIMW subject to this Article, using those from the list applicable to
the SIMW.
(1) Canister Mounting
Brackets
(2) Carbon
Canister
(3) Carburetor Purge Port
Connector
(4)
Clamps*
(5) Control
Cables*
(6) Control
Linkages*
(7) Control
Solenoids*
(8) Control
Valves*
(9) Electronic
Controls*
(10) Fuel Cap
(11) Fuel Line
(12) Fuel Line Fittings
(13) Fuel Tank
(14) Liquid/Vapor Separator
(15) Pressure Relief
Valves*
(16) Purge Valves
(17) Vacuum Control
Diaphragms*
(18) Vapor Hoses
(19) All other parts not listed that may
affect the evaporative emissions control system
* Note: As they relate to the
evaporative emissions control system.
(f) Written instructions for the maintenance
and use of the evaporative emissions control system by the owner must be
furnished with each new SIMW subject to this Article. The instructions must be
consistent with this Article and applicable regulations contained
herein.
(g) The documents required
by subsection (d)(10) must be submitted with the application for evaporative
emissions control system certification for approval by the Executive Officer.
Approval by the Executive Officer of the documents required by subsection
(d)(10) is a condition of certification. The Executive Officer will approve or
disapprove the documents required by subsection (d)(10) within 90 calendar days
of the date such documents are received.
(h) The application for certification must
also include a statement regarding the maintenance of the evaporative emissions
control system. The statement must include, but is not be limited to,
information on evaporative emissions control system maintenance, and a
maintenance schedule.
1. New
section filed 2-8-2016; operative 4-1-2016 (Register 2016, No.
7).
Note: Authority cited: Sections 39600, 39601, 43212 and
43013, Health and Safety Code. Reference: Section 43013, Health and Safety
Code.
