N.Y. Comp. Codes R. & Regs. tit. 9 § 500.5

Current through Register Vol. 46, No. 36, September 4, 2024

Section 500.5 - Consumer protection

Whenever a facility is sold, or is offered for sale, or there is a contract to sell or construct, or there is an offer to construct, or to alter or improve, or an offer to alter or improve any area or portion of a building, structure or other real property in order to provide any facility which represented, either expressly or implied, to reduce the intensity of fallout radiation such facility must comply with the plan, regulations or orders of the commission which are in effect pertaining thereto unless there is a prompt and full disclosure to the contrary. Such disclosure in order to be effective must be made as follows:

(a) In an advertisement, whether by newspaper, magazine, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, radio, television, or in any other way, by stating clearly and conspicuously at its outset and in type of at least equal size and prominence as any other appearing in the advertisement, the following: "Does Not Meet Minimum Requirements of New York State Civil Defense Commission".

(b) In an oral representation to a prospective purchaser, by including a clear and unequivocal statement at the outset of any such offering or sales representation that such facility does not meet minimum requirements of the New York State Civil Defense Commission.

(c) In a contract to furnish, sell, construct, or install such a shelter, or improve any area or portion of a building, structure or other real property in order to provide a facility to reduce the intensity of fallout radiation, by including the following words both at the top of the contract and directly above the space reserved for the signature of the buyer, "Does Not Meet Minimum Requirements of New York State Civil Defense Commission", in at least 8-point bold face type.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 500.5