Section 2861 - Defects Warranty Requirements for Spark-Ignition Marine Watercraft(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(3) Carburetor Purge Port Connector(14) Liquid/Vapor Separator(15) Pressure Relief Valves*(17) Vacuum Control Diaphragms*(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.Cal. Code Regs. Tit. 13, § 2861
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.
1. New section filed 2-8-2016; operative 4/1/2016 (Register 2016, No. 7).