New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter II - Codes And Standards
Subchapter F - Solar Thermal Systems
Part 7830 - Warranty And Sales Requirements For Systems And Components
Section 7830.4 - Definitions

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7830.4

Current through Register Vol. 46, No. 39, September 25, 2024

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.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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