Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicability.
This section applies to 1995 and later small off-road engines. The warranty
period begins on the date the engine or equipment is delivered to an ultimate
purchaser.
(b) General Emissions
Warranty Coverage. The manufacturer of each small off-road engine must warrant
to the ultimate purchaser and each subsequent purchaser that the engine is:
(1) Designed, built, and equipped so as to
conform with all applicable regulations adopted by the California Air Resources
Board pursuant to its authority in Chapters 1 and 2, Part 5, Division 26 of the
Health and Safety Code; and
(2)
Free from defects in materials and workmanship that cause the failure of a
warranted part to be identical in all material respects to the part as
described in the engine manufacturer's application for certification for a
minimum period of two years.
(c) The warranty on 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 engine
manufacturer according to Subsection (4) below. Any such part repaired or
replaced under the warranty must be warranted for 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" will not reduce the period of warranty
coverage. Any such part repaired or replaced under warranty must be warranted
for 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 engine
manufacturer according to Subsection (4) below. Any such part repaired or
replaced under warranty must be warranted for 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 all
manufacturer distribution centers that are franchised to service the subject
engines.
(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) The engine
manufacturer is liable for damages to other engine components proximately
caused by a failure under warranty of any warranted part.
(8) Throughout the engine's warranty period
defined in Subsection (b)(2), the engine manufacturer must maintain a supply of
warranted parts sufficient to meet the expected demand for such
parts.
(9) Any replacement part may
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 engine manufacturer.
(10) Add-on or modified parts that are not
exempted by the California Air Resources Board may not be used. The use of any
non-exempted add-on or modified parts will be grounds for disallowing a
warranty claim made in accordance with this article. The engine manufacturer
will not be liable under this article to warrant failures of warranted parts
caused by the use of a non-exempted add-on or modified part.
(11) The Executive Officer may request and,
in such case, the engine manufacturer must provide, any documents that describe
that manufacturer's warranty procedures or policies.
(d) Each manufacturer must include a copy of
the following emission warranty parts list with each new engine, using those
portions of the list applicable to the engine.
(1) Fuel Metering System
(A) Carburetor and internal parts (and/or
pressure regulator or fuel injection system).
(B) Air/fuel ratio feedback and control
system.
(C) Cold start enrichment
system.
(2) Air
Induction System
(A) Controlled hot air intake
system.
(B) Intake
manifold.
(C) Air filter.
(3) Ignition System
(A) Spark Plugs.
(B) Magneto or electronic ignition
system.
(C) Spark advance/retard
system.
(4) Exhaust Gas
Recirculation (EGR) System
(A) EGR valve body,
and carburetor spacer if applicable.
(B) EGR rate feedback and control
system.
(5) Air
injection System
(A) Air pump or pulse
valve.
(B) Valves affecting
distribution of flow.
(C)
Distribution manifold.
(6) Catalyst or Thermal Reactor System
(A) Catalytic converter.
(B) Thermal reactor.
(C) Exhaust manifold.
(7) Particulate Controls
(A) Traps, filters, precipitators, and any
other device used to capture particulate emissions.
(8) Miscellaneous items Used in Above Systems
(A) Vacuum, temperature, and time sensitive
valves and switches.
(B) Electronic
controls.
(C) Hoses, belts,
connectors, and assemblies.
(e) Each manufacturer must furnish with each
new engine written instructions for the maintenance and use of the engine by
the owner. The instructions must be consistent with this article and applicable
regulations contained herein.
(f)
Each engine manufacturer must submit the documents required by Subsections (d)
and (e) with the engine manufacturer's application for engine 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
from the engine manufacturer. Any disapproval must be accompanied by a
statement of the reasons thereof. In the event of disapproval, the engine
manufacturer may file for an adjudicative hearing pursuant to Title 17,
California Code of Regulations, Section 60040 et seq., to review the decision
of the Executive Officer.
(g) In
the application for engine certification, each engine manufacturer must include
a statement regarding the maintenance of the engine for clean air. The
statement must include, but not be limited to, information on carburetor
adjustment, air filter care and replacement schedule, spark plug maintenance
and inspection, proper fuel/oil ratio for low emissions, use of appropriate
fuel, proper fueling and fuel mixing, proper method of disposing of oil and oil
containers, engine maintenance, and a maintenance schedule to ensure that the
owner returns to a servicing center to check for deposits, debris build-up,
etc.
(h) Zero-Emission Equipment
Warranty Requirements.
(1) The manufacturer of
zero-emission small off-road equipment that wishes to obtain zero-emission
equipment credits, as described in section
2408.1 or
2408.2, must warrant to the
ultimate purchaser, and each subsequent purchaser, that the equipment,
including batteries and battery chargers, as applicable, is:
(A) Designed, built, and equipped so as to
conform with all applicable regulations adopted by the California Air Resources
Board; and,
(B) Free from defects
in materials and workmanship that cause the failure of a warranted part to be
identical in all material respects to the part as described in the manufacturer
of zero-emission small off-road equipment's application for certification for a
minimum period of two years.
(2) A manufacturer of zero-emission small
off-road equipment may establish contractual agreements with a battery
supplier, as necessary, to satisfy the specified battery and battery charger
warranty coverage over the required warranty period. The equipment manufacturer
will remain ultimately liable for the warranty coverage.
1. New
section filed 5-1-92; operative 6-1-92 (Register 92, No. 19).
2.
Amendment of section heading, subsection (a) and NOTE filed 10-4-93; operative
11-3-93 (Register 93, No. 41).
3. Change without regulatory effect
repealing article heading and amending subsection (e) and NOTE filed 12-22-93
pursuant to title 1, section
100, California Code of
Regulations (Register 93, No. 52).
4. Amendment of subsections
(f)-(g) filed 7-24-95; operative 7-24-95 pursuant to Government Code section
11343.4(d) (Register 95, No. 30).
5. Amendment of section heading,
section and NOTE filed 3-23-99; operative 3-23-99 pursuant to Government Code
section 11343.4(d) (Register 99, No. 13).
6. Amendment of subsection
(c)(10) filed 8-29-2000; operative 9-28-2000 (Register 2000, No.
35).
7. Redesignation of subsections (d)(1)(i)-(d)(8)(iii) as
subsections (d)(1)(A)-(d)(8)(C) filed 9-20-2004; operative 10-20-2004 (Register
2004, No. 39).
8. New subsections (h)-(h)(2) filed 4-5-2010;
operative 5-5-2010 (Register 2010, No. 15).
9. Amendment of
subsections (b)(1), (c)(1)-(3), (c)(10), (f) and (h)(1)-(h)(A) filed 9-14-2022;
operative 1-1-2023 (Register 2022, No. 37).
Note: Authority cited: Sections 39600, 39601, 43013,
43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections
43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210-
43212, Health and Safety Code.
