Section 2760 - Defects Warranty Requirements for Small off-Road Engines(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: (3) Fuel Line (for liquid fuel and fuel vapors)(6) Pressure Relief Valves*(10) Vacuum Control Diaphragms*(15) Liquid/Vapor Separator(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.Cal. Code Regs. Tit. 13, § 2760
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.
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).