ยง 350-i. Performance data sheet. 1. A performance data sheet shall be
provided pursuant to subdivision one of section three hundred fifty-h of
this article and made available to the prospective purchaser, renter or
lessee, prior to the consummation of any sale, rental or lease of a
water treatment unit. In the case of a catalogue sale, the consummation
of the sale is three days after the purchaser has received the water
treatment unit. If the purchaser cancels the sale and returns the unit
within any refund period allowed by the seller or by law, the purchaser
may do so without cost. Catalogues shall contain a notice that customers
are entitled to a copy of the performance data sheet upon request prior
to the consummation of the sale. The performance data sheet shall
contain information including, but not limited to:
a. the name and mailing address of the manufacturer or distributor;
b. the name, brand or trademark under which the unit is sold, and its
model number;
c. performance and test data obtained pursuant to tests of the water
treatment unit performed by a qualified laboratory. Data shall include
but not be limited to: the list of contaminants the manufacturer is
claiming will be reduced by the unit; the influent concentration level
of each contaminant or its surrogate; the effluent concentration of each
contaminant or its surrogate; where applicable, the maximum contaminant
level (MCL) promulgated pursuant to the federal Safe Drinking Water Act,
or promulgated pursuant to section two hundred twenty-five of the public
health law; where applicable, the approximate capacity of the unit,
expressed in gallons and/or period of time, during which the unit is
effective in reducing each contaminant or its surrogate based upon the
influent concentration level used in the tests; and the temperature,
flow rate, pressure, pH, alkalinity and acidity of the water used in the
test;
d. a summary of installation instructions which shall include measures
to avoid contamination from improper handling and installation;
e. a summary of recommended operational procedures and requirements
necessary for the proper operation of the unit including but not limited
to: electrical requirements; maximum and minimum operating pressure;
maximum operating temperature; maintenance requirements; inflow rate and
outflow rate; replacement frequencies; and an explanation of any
performance indicator, if available;
f. the manufacturer's limited warranty if applicable; and
g. a statement that performance of the water treatment unit will vary
based on local water conditions; and
h. a conspicuous and legible notice at the top of the first page of
the performance data sheet stating, "IMPORTANT NOTICE, Read this
Performance Data Sheet and compare the capabilities of this unit with
your actual water treatment needs. It is recommended that, before
purchasing a water treatment unit, you have your water supply tested to
determine your actual water treatment needs."
2. In the case of customized water treatment units or systems,
integrated or assembled on site or designed for site-specific needs to
reduce a specified contaminant or contaminants, the seller shall provide
the consumer with the results of analysis from a qualified laboratory
which document the effectiveness of the water treatment unit in reducing
the specified contaminants, the approximate capacity and a recommended
schedule for monitoring the unit's effectiveness.
3. Any person in violation of this article or any person who knowingly
and willingly falsifies any performance data shall be subject to the
remedies and penalties available pursuant to section three hundred
forty-nine of this chapter and, in addition, shall be subject to a civil
penalty of not more than five hundred dollars for each violation, which
penalty shall accrue to the state and may be recovered in a civil action
brought by the attorney general.
4. Nothing in this section shall preclude an action taken pursuant to
any other section of law.