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