N.Y. Comp. Codes R. & Regs. tit. 6 § 247.9

Current through Register Vol. 46, No. 51, December 18, 2024

Section 247.9 - Notice to buyers

(a) Written notice. Prior to the execution of a sale or lease agreement for a new outdoor wood boiler, the distributor shall provide the prospective buyer or lessee with a copy of this Part and a written notice which includes:

(1) an acknowledgment that the buyer or lessee was provided with a copy of this Part;

(2) a list of the fuels that may burned in the outdoor wood boiler as set forth in section 247.8(d)(1) of this Part; and

(3) a statement that even if the requirements set forth in this Part are met, there may be conditions or locations in which the use of a new outdoor wood boiler unreasonably interferes with another person's use or enjoyment of property or even damages human health, and if such a situation occurs, the owner or lessee of the new outdoor wood boiler causing the situation may be subject to sanctions that can include a requirement to remove the device at their own expense, as well as any other penalty allowed by law.

(b) Completed notice.

(1) The written notice required by this section shall be signed and dated by the buyer or lessee and the distributor when the sale or lease of the new outdoor wood boiler is completed. In addition, the following information shall be included in the completed notice:

(i) name and address of the owner or lessee of the new outdoor wood boiler;

(ii) street address where the outdoor wood boiler was installed (if different from subparagraph [i] of this paragraph);

(iii) name of the manufacturer, model and date of manufacture of the new outdoor wood boiler;

(iv) height of the permanent stack for the new outdoor wood boiler; and

(v) distance from the new outdoor wood boiler to the nearest property boundary line or, if section 247.5(b) or 247.6(c) of this Part is applicable, the distance to the nearest residence not served by the outdoor wood boiler.

(2) The distributor shall submit the original signed copy of the notice to the department's regional office for the location where the new outdoor wood boiler is installed or as otherwise specified by the department within seven days of making delivery of the new outdoor wood boiler to the buyer or lessee.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 247.9