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.
Last modified: February 3, 2019