N.Y. Energy Law § 16-102: Definitions

§ 16-102. Definitions. As used in this article:

1. "Active mode" means the condition in which the input of a power

supply or consumer audio and video equipment is connected to the line

voltage AC and the output is connected to a DC or an AC load, fulfilling

one or more of its main functions and drawing a fraction of the power

supply's nameplate power output greater than zero.

1-a. "Product" means any appliance or equipment, other than a motor

vehicle, which in operation consumes or is designed to consume energy or

to result in the consumption of energy, including any water-related

appliance, equipment or fixture that is designed to consume or result in

the consumption of energy in its operation or use.

2. "Authority" means the New York state energy research and

development authority.

3. "Automatic commercial ice-cube maker" means a factory-made

assembly, not necessarily shipped in one package, consisting of a

condensing unit and ice-making section operating as an integrated unit,

with means for making and harvesting cube-type ice. It may also include

means for storing or dispensing cube-type ice, or both.

4. "Ballast" means a device used with an electric discharge lamp to

obtain necessary circuit conditions (voltage, current, and waveform) for

starting and operating the lamp.

4-a. The following definitions refer to water coolers:

(a) "Bottle-type" means a water dispenser that uses a bottle or

reservoir as the source of potable water.

(b) "Water cooler" means a freestanding device that consumes energy to

cool and/or heat potable water.

(c) "Cold only units" means units that dispense cold water only.

(d) "Hot and cold units" means units that dispense both hot and cold

water. Some units may also offer room-temperature water.

(e) "Cook and cold units" means units that dispense both cold and

room-temperature water.

(f) "Point of use (POU)" means the water cooler is connected to a

pressurized water source.

(g) "Conversion-type" means a unit that ships as either bottle-type or

POU and includes a conversion kit intended to convert the water cooler

from a bottle-type unit to a POU unit or to convert a POU unit to a

bottle-type unit.

(h) "Storage-type" means thermally conditioned water is stored in a

tank in the water cooler and is available instantaneously.

(i) "On demand" means the water cooler heats water as it is requested,

which typically takes a few minutes to deliver.

5. "Ceiling fan" means a non-portable device that is suspended from a

ceiling for circulating air via the rotation of fan blades.

6. "Ceiling fan light kit" means the equipment used to provide light

from a ceiling fan. This equipment may be part of the unit such that the

ceiling fan light kit is hardwired to the ceiling fan, or attachable

such that the ceiling fan light kit is not, at the time of sale,

physically attached to the fan. Attachable ceiling fan light kits may be

included inside the ceiling fan package at the time of sale, or sold

separately for subsequent attachment to the fan.

6-a. "Commercial hot food holding cabinet" means a heated, fully

enclosed compartment, with one or more solid or partial glass doors,

that is designed to maintain the temperature of hot food that has been

cooked in a separate appliance. "Commercial hot food holding cabinet"

does not include heated glass merchandising cabinets, drawer warmers or

cook-and-hold appliances.

7. "Very large commercial package air conditioning and heating

equipment" means air-cooled, water-cooled, evaporatively-cooled, or

water source (not including ground water source) electrically operated,

unitary central air conditioners and central air conditioning heat pumps

for commercial application rated at or above two hundred forty thousand

BTU per hour and below seven hundred sixty thousand BTU per hour

(cooling capacity).

8. "Commercial pre-rinse spray valve" means a hand-held device

designed to spray water on dishes, flatware and other food service items

for the purpose of removing food residue prior to the placement of such

items in a commercial automatic dishwasher.

9. (a) "Commercial refrigerator, freezer, and refrigerator-freezer"

means refrigeration equipment that:

(i) is not a consumer product as defined by 42 USC 6291;

(ii) is not designed and marketed exclusively for medical, scientific,

or research purposes;

(iii) operates at a chilled, frozen, combination chilled/frozen, or

variable temperature;

(iv) displays or stores merchandise and other perishable materials

either horizontally, semivertically, or vertically;

(v) has transparent or solid doors, sliding or hinged doors, a

combination of hinged, sliding, transparent or solid doors;

(vi) is designed for pull-down temperature applications or holding

temperature applications; and

(vii) is connected to a self-contained condensing unit.

(b) The term "pull-down temperature application" means a commercial

refrigerator with doors that, when fully loaded with twelve ounce

beverage cans at ninety degrees Fahrenheit, can cool these beverages to

an average stable temperature of thirty-eight degrees Fahrenheit in

twelve hours or less.

(c) The term "holding temperature application" means a use of

commercial refrigeration equipment other than a pull-down temperature

application, excluding a blast chiller or freezer.

(d) The term "self-contained condensing unit" means a factory-made

assembly of refrigerating components designed to compress and liquefy a

specific refrigerant that is an integral part of the refrigerated

equipment and consists of one or more refrigerant compressors,

refrigerant condensers, condenser fans and motors, and factory supplied

accessories.

(e) The term "integrated average temperature" means the average

temperature of all test package measurements taken during the test.

(f) The term 'AV' means the adjusted volume (cubic feet) defined as

1.63 X frozen temperature compartment volume (cubic feet) + chilled

temperature compartment volume (cubic feet) with compartment volumes

measured in accordance with the association of home appliance

manufacturers standard HRF1-1979.

(g) The term 'V' means the chilled or frozen compartment volume (cubic

feet) as defined in the association of home appliance manufacturers

standard HRF1-1979.

10. "Compact audio product", also known as a mini, mid, micro, or

shelf audio system, means an integrated audio system encased in a single

housing that includes an amplifier and radio tuner, attached or

separable speakers, and can reproduce audio from one or more of the

following media: magnetic tape, CD, DVD, or flash memory. "Compact audio

product" does not include products that can be independently powered by

internal batteries or that have a powered external satellite antenna, or

that can provide a video output signal.

11. "Consumer audio and video product" means a mains-connected product

that amplifies audio, offers optical, offers disc player functionality,

and/or receives and plays audio and/or video content. Examples of

consumer audio and video products include compact audio products,

digital versatile disc players, digital versatile disc recorders,

digital television adapters and streaming media players. Televisions are

specifically excluded from consumer audio and video products.

12. "Digital television adapter" means a commercially available

electronic product for which the sole purpose is the conversion of

digital video terrestrial broadcast signals to analog NTSC video signals

for use by a TV or VCR.

13. "Digital versatile disk (DVD)" means a laser-encoded plastic

medium capable of storing a large amount of digital audio, video, and

computer data.

14. "Digital versatile disc (DVD) player" means a commercially

available electronic product encased in a single housing that includes

an integral power supply and for which the sole purpose is the decoding

of digitized video signals on a DVD.

15. "Digital versatile disc (DVD) recorder" means a commercially

available electronic product encased in a single housing that includes

an integral power supply and for which the sole purpose is the

production or recording of digitized audio and video signals on a DVD.

"DVD recorder" does not include models that have an EPG function.

16. "Digital video recorder (DVR)" means a device which can record

video signals onto a hard disk drive or other device that can store the

images digitally. "DVR" does not include models that have an EPG

function.

17. "Electronic programming guide (EPG)" means an application that

provides an interactive, onscreen menu of TV listings, and that

downloads program information from the vertical blanking interval of a

regular TV signal.

18. "Efficiency standard" means a standard that defines performance

metrics and/or defines prescriptive design requirements associated with

the regulated category of product in order to reduce energy consumption,

reduce water consumption, and reduce greenhouse gas emissions associated

with energy consumption and/or increase demand flexibility.

18-a. "Greenhouse gas" means "greenhouse gas" as defined in

subdivision seven of section 75-0101 of the environmental conservation

law.

18-b. "Demand flexibility" means the capability to schedule, shift, or

curtail the electrical demand of a load-serving entity's customer

through direct action by the customer or through action by a third

party, the load-serving entity, or a grid balancing authority, with the

customer's consent.

19. "High-intensity discharge lamp" means a lamp in which light is

produced by the passage of an electric current through a vapor or gas,

and in which the light-producing arc is stabilized by bulb wall

temperature and the arc tube has a bulb wall loading in excess of three

watts per square centimeter.

20. "Illuminated exit sign" means an internally-illuminated sign that

is designed to be permanently fixed in place and used to identify an

exit; a light source illuminates the sign or letters from within, and

the background of the exit sign is not transparent.

21. "Incandescent reflector lamp" means a lamp which is not colored or

designed for rough or vibration service applications, that has an inner

reflective coating on the outer bulb to direct the light, an E26 medium

screw base, and a rated voltage or voltage range that lies at least

partially within one hundred fifteen to one hundred thirty volts, and

that falls into one of the following categories:

(a) a bulged reflector or elliptical reflector bulb shape and which

has a diameter which equals or exceeds 2.25 inches; or

(b) a reflector, parabolic aluminized reflector, or similar bulb shape

and which has a diameter of 2.25 to 2.75 inches.

21-a. "Lamp" means an electrical appliance that includes a glass

envelope and produces optical radiation for the purpose of visual

illumination, designed to be installed into a light fixture by means of

an integral lamp-holder or socket.

21-b. "Light fixture" means a product designed to provide light that

includes at least one lamp-holder or socket and parts to distribute the

light, to position or protect one or more lamps and to connect one or

more lamps to a power supply.

21-c. "Duv" means a metric that quantifies the distance between the

chromaticity of a given light source and a blackbody radiator of equal

correlated color temperature (CCT) on a CIE 1976 (u, v) chromatic

diagram demonstrating how different two light sources of the same color

temperature appear.

21-d. "Light Emitting Diode (LED) lamp" means a lamp capable of

producing light with Duv between -0.012 and 0.012, and that has an E12,

E17, E26, or GU-24 base, including LED lamps that are designed for

retrofit within existing recessed can housings that contain one of the

preceding bases. LED lamp does not include a lamp with a brightness of

more than two thousand six hundred lumens or a lamp that cannot produce

light with a correlated color temperature between two thousand two

hundred Kelvin and seven thousand Kelvin.

22. "Metal halide lamp" means a high intensity discharge lamp in which

the major portion of the light is produced by radiation of metal halides

and their products of dissociation, possibly in combination with

metallic vapors.

23. "Metal halide lamp fixture" means a light fixture designed to be

operated with a metal halide lamp and a ballast for a metal halide lamp.

24. "No load mode" means the condition in which the input of a power

supply is connected to an AC source consistent with the power supply's

nameplate AC voltage, and the output is not connected to a product or

any other load.

25. "Pedestrian traffic signal module" means an electrically operated

traffic control device composed of one or more indications which is

erected for the exclusive purpose of directing pedestrian traffic at

signalized locations. It consists of a light source, lens, and all parts

necessary for operation.

26. "Person" means any individual, trustee, agency, partnership,

association, corporation, company, municipality, political subdivision,

or other legal entity.

27. "Point of deployment (POD)" means a card which enables a TV to

have secure conditional access to a cable or satellite system.

27-a. "Portable electric spa" means a factory-built electric spa or

hot tub, which may or may not include any combination of integral

controls, water heating or water circulating equipment.

27-b. "Portable light fixture" means a light fixture which has a

flexible cord and an attachment plug for connection to a nominal one

hundred twenty-volt, fifteen- or twenty-ampere branch circuit; which can

be relocated by the user without any rewiring; which is typically

controlled with a switch located on the light fixture itself or on the

power cord; and which are intended for use in accordance with the

national electrical code, ANSI/NFPA 70-2002. "Portable light fixture"

does not include direct plug-in nightlights; sun and heat lamps;

aquarium lamps; medical and dental lights; portable electric hand lamps;

signs and commercial advertising displays; photographic lamps;

germicidal lamps; illuminated vanity mirrors; lava lamps not providing

general or task illumination; industrial work lights rated for use with

a lamp providing greater than seven thousand lumens; portable lamp

fixtures for marine use or for use in hazardous locations as defined in

the national electrical code, ANSI/NFPA 70; or decorative lighting

outfits or electric candles and candelabras without lampshades that are

covered by the standard for safety of seasonal and holiday decorative

products, UL 588.

28. "Power supply" means a single voltage external AC to DC or AC to

AC power supply included with other retail products and single voltage

external AC to DC or AC to AC power supply sold separately.

29. "President" means the president of the New York state energy

research and development authority.

29-a. "Replacement dedicated-purpose pool pump motor" means an

electric motor that:

(a) is single-phase or polyphase;

(b) has a dedicated purpose pool pump motor total horsepower of less

than or equal to five horsepower;

(c) is marketed for use as a replacement motor in self-priming pool

filter pump, non-self-priming pool filter pump or pressure cleaner

booster pump applications; and

(d) excludes polyphase replacement dedicated-purpose pool pump motors

capable of operating without a drive, and is sold or offered for sale

without a drive that converts single-phase power to polyphase power.

30. "Secretary" means the secretary of state.

31. "Single-voltage external AC to DC or AC to AC power supply" means

a device that:

(a) is designed to convert line voltage AC input into lower voltage DC

or AC output;

(b) is able to convert to only one DC or AC output voltage at a time;

(c) is sold with, or intended to be used with, a separate end-use

product that constitutes the primary load;

(d) is contained within a separate physical enclosure from the end-use

product;

(e) is connected to the end-use product via a removable or hard-wired

male/female electrical connection, cable, cord, or other wiring;

(f) does not have batteries or battery packs that physically attach

directly (including those that are removable) to the power supply unit;

(g) does not have a battery chemistry or type selector switch and an

indicator light; or does not have a battery chemistry or type selector

switch and a state of charge meter;

(h) has a nameplate output power less than or equal to two hundred

fifty watts.

32. "Standby-passive mode" means the condition in which a power supply

or consumer audio and video product is connected to a power source, and

does not fulfill its main function, and can be switched to active mode

with the remote control unit or an internal signal.

33. "Television (TV)" means an analog or digital device primarily

designed to receive and display terrestrial, satellite, cable, Internet

Protocol TV (IPTV), or other broadcast or recorded transmissions of

analog or digital video and audio signals. TVs include combination TVs,

television monitors, component TVs, and any unit that is marketed to the

consumer as a TV. "Television" does not include computer monitors.

34. "Torchiere lighting fixture" means a portable electric lighting

fixture with a reflective bowl that is designed to direct light upward

onto a ceiling so as to produce indirect illumination on the surfaces

below.

35. "Unit heater" means a self-contained, vented fan-type commercial

space heater that uses natural gas or propane, and that is designed to

be installed without ducts within a heated space, except that such term

does not include any products covered by federal standards established

pursuant to 42 U.S. Code section 6291 and subsequent sections or any

product that is a direct vent, forced flue heater with a sealed

combustion burner.

36. "Vehicular traffic signal module" means an electrically operated

standard 8-inch (200mm) or 12-inch (300mm) round traffic control device

composed of one or more indications which is erected for the exclusive

purpose of directing vehicular traffic at signalized locations. It

consists of a light source, lens, and all parts necessary for operation.

It communicates traffic control messages through red, amber and green

colors.

37. "Video cassette recorder (VCR)" means a commercially available

analog recording device that includes an integral power supply and which

records television signals onto a tape medium for subsequent viewing.

38. The following definitions refer to air compressors:

(a) "Air compressor" means a compressor designed to compress air that

has an inlet open to the atmosphere or other source of air, and is made

up of a compression element (bare compressor), driver or drivers

mechanical equipment to drive the compressor element, and any ancillary

equipment.

(b) "Compressor" means a machine or apparatus that converts different

types of energy into the potential energy of gas pressure for

displacement and compression of gaseous media to any higher-pressure

values above atmospheric pressure and has a pressure ratio at full-load

operating pressure greater than 1.3.

39. The following definitions refer to air purifiers:

(a) "Air purifier", also known as "room air cleaner", means an

electric, cord-connected, portable appliance with the primary function

of removing particulate matter from the air and which can be moved from

room to room.

(b) "Industrial air purifier" means an indoor air cleaning device

manufactured, advertised, marketed, labeled, and used solely for

industrial use that are marketed solely through industrial supply

outlets or businesses and prominently labeled as "Solely for industrial

use. Potential health hazard: emits ozone."

40. "Commercial dishwasher" means a machine designed to clean and

sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays

by applying sprays of detergent solution (with or without blasting media

granules) and a sanitizing rinse and is not a "compact dishwasher" or

"standard dishwasher" (capacity less than eight place settings plus six

serving pieces as specified in ANSI/AHAM DW-1 using the test load

specified in section 2.7 of appendix C in subpart B of 10 CFR 430.2).

41. "Commercial fryer" means an appliance for non-residential use,

including a cooking vessel, in which oil is placed to such a depth that

the cooking food is essentially supported by displacement of the cooking

fluid rather than by the bottom of the vessel. Heat is delivered to the

cooking fluid by means of an immersed electric element of band-wrapped

vessel (electric fryers) or by heat transfer from gas burners through

either the walls of the fryer or through tubes passing through the

cooking fluid (gas fryers).

41-a. "Commercial oven" means a chamber designed for heating,

roasting, or baking food by conduction, convection, radiation, and/or

electromagnetic energy.

42. "Commercial steam cooker" also known as "compartment steamer",

means a device for non-residential use with one or more food-steaming

compartments in which the energy in the steam is transferred to the food

by direct contact. Models may include countertop models, wall-mounted

models, and floor models mounted on a stand, pedestal, or cabinet-style

base.

42-a. "Commercial hot food holding cabinet" means a heated, fully

enclosed compartment, with one or more solid or partial glass doors,

that is designed to maintain the temperature of hot food that has been

cooked in a separate appliance. "Commercial hot food holding cabinet"

does not include heated glass merchandising cabinets, drawer warmers or

cook-and-hold appliances.

43. "Computer" means a device that performs logical operations and

processes data. A computer includes both stationary and portable units

and includes a desktop computer, a portable all-in-one, a notebook

computer, a mobile gaming system, a high-expandability computer, a

small-scale server, a thin client, and a workstation. Although a

computer is capable of using input devices and displays, such devices

are not required to be included with the computer when the computer is

shipped. A computer is composed of, at a minimum, (a) a central

processing unit (CPU) to perform operations or, if no CPU is present,

then the device must function as a client gateway to a server, and the

server acts as a computational CPU; (b) the ability to support user

input devices such as a keyboard, mouse, or touch pad; and (c) an

integrated display screen or the ability to support an external display

screen to output information. The term "computer" does not include a

tablet, a game console, a television, a device with an integrated and

primary display that has a screen size of twenty square inches or less,

a server other than a small-scale server, or an industrial computer.

43-a. "Computer monitor" means an analog or digital device of size

greater than or equal to seventeen inches and less than or equal to

sixty-one inches, that has a pixel density of greater than five thousand

pixels per square inch, and that is designed primarily for the display

of computer-generated signals for viewing by one person in a desk-based

environment. A computer monitor is composed of a display screen and

associated electronics. A computer monitor does not include, (a)

displays with integrated or replaceable batteries designed to support

primary operation without AC mains or external DC power (e.g. electronic

readers, mobile phones, portable tablets, battery-powered digital

picture frames); or (b) a television or signage display.

44. "General service lamp" shall include the following definitions:

(a) "Compact fluorescent lamp (CFL)" means an integrated or

non-integrated single-base, low-pressure mercury, electric-discharge

source in which a fluorescing coating transforms some of the ultraviolet

energy generated by the mercury discharge into light; this term shall

not include circline or U-shaped lamps.

(b) "General service incandescent lamp" means a standard incandescent

or halogen type lamp that is intended for general service applications,

has a medium screw base, has a lumen range of not less than three

hundred ten lumens and not more than two thousand six hundred lumens, or

in the case of a modified spectrum lamp, not less than two hundred

thirty-two lumens and not more than one thousand nine hundred fifty

lumens, and is capable of being operated at a voltage range at least

partially within one hundred ten and one hundred thirty volts; provided,

however, that this definition shall not apply to the following

incandescent lamps:

(i) Appliance lamps;

(ii) Black light lamps;

(iii) Bug lamps;

(iv) Colored lamps;

(v) G shape lamps (as defined in ANSI C78.20 and C79.1-2002) with a

diameter of five inches or more;

(vi) Infrared lamps;

(vii) Left-hand thread lamps;

(viii) Marine lamps;

(ix) Marine signal service lamps;

(x) Mine service lamps;

(xi) Plant light lamps;

(xii) Reflector lamps;

(xiii) Sign service lamps;

(xiv) Silver bowl lamps;

(xv) Showcase lamps;

(xvi) Rough service lamps;

(xvii) Shatter-resistant lamps (including shatter-proof lamps and

shatter-protected lamps);

(xviii) 3-way incandescent lamps;

(xix) Vibration service lamps;

(xx) AB, BA, CA, F, G16-1/2, G-25, G30, S, or M-14 lamps (as defined

in ANSI C79.1-2002 and ANSI C78.20) of forty watts or less;

(xxi) T shape lamps (as defined in ANSI C78.20 and ANSI C79.1-2002)

and that uses not more than forty watts or has a length of more than ten

inches; and

(xxii) Traffic signal lamps.

(c) "General service lamp" means a lamp that has an ANSI base, is able

to operate at a voltage of twelve volts or twenty-four volts, at or

between one hundred to one hundred thirty volts, at or between two

hundred twenty to two hundred forty volts, or of two hundred

seventy-seven volts for integrated lamps, or is able to operate at any

voltage for non-integrated lamps, has an initial lumen output of greater

than or equal to three hundred ten lumens (or two hundred thirty-two

lumens for modified spectrum general service incandescent lamps) and

less than or equal to three thousand three hundred lumens, is not a

light fixture, is not an LED downlight retrofit kit, and is used in

general lighting applications. General service lamps shall include, but

not be limited to, general service incandescent lamps, incandescent

reflector lamps, compact fluorescent lamps, general service light

emitting diode lamps, and general service organic light emitting diode

lamps. General service lamps shall not include:

(i) Appliance lamps;

(ii) Black light lamps;

(iii) Bug lamps;

(iv) Colored lamps;

(v) G shape lamps with a diameter of five inches or more as defined in

ANSI C79.1-2002;

(vi) General service fluorescent lamps;

(vii) High intensity discharge lamps;

(viii) Infrared lamps;

(ix) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT shape lamps that do not

have Edison screw bases;

(x) Lamps that have a wedge base or prefocus base;

(xi) Left-hand thread lamps;

(xii) Marine lamps;

(xiii) Marine signal service lamps;

(xiv) Mine service lamps;

(xv) MR shape lamps that have a first number symbol equal to sixteen

(diameter equal to two inches) as defined in ANSI C79.1-2002, operate at

twelve volts and have a lumen output greater than or equal to 800;

(xvi) Other fluorescent lamps;

(xvii) Plant light lamps;

(xviii) R20 short lamps;

(xix) Reflector lamps that have a first number symbol less than

sixteen (diameter less than two inches) as defined in ANSI C79.1-2002

and that do not have E26/E24, E26d, E26/50x39, E26/53x39, E29/28,

E29/53x39, E39, E39d, EP39, or EX39 bases;

(xx) S shape or G shape lamps that have a first number symbol less

than or equal to 12.5 (diameter less than or equal to 1.5625 inches) as

defined in ANSI C79.1-2002;

(xxi) Sign service lamps;

(xxii) Silver bowl lamps;

(xxiii) Showcase lamps;

(xxiv) Specialty MR lamps;

(xxv) T shape lamps that have a first number symbol less than or equal

to 8 (diameter less than or equal to one inch) as defined in ANSI

C79.1-2002, nominal overall length less than twelve inches, and that are

not compact fluorescent lamps; and

(xxvi) Traffic signal lamps.

(d) "General service light-emitting diode (LED) lamp" means an

integrated or non-integrated LED lamp designed for use in general

lighting applications and that uses light-emitting diodes as the primary

source of light.

(e) "General service organic light-emitting diode (OLED) lamp" means a

thin-film light-emitting device that typically consists of a series of

organic layers between two electrical contacts (electrodes).

(f) "Incandescent reflector lamp" or "reflector lamp" means any lamp

in which light is produced by a filament heated to incandescence by an

electric current, which: contains an inner reflective coating on the

outer bulb to direct the light; is not colored; is not designed for

rough or vibration service applications; is not an R20 short lamp; has

an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw

base; has a rated voltage or voltage range that lies at least partially

in the range of one hundred fifteen and one hundred thirty volts; has a

diameter that exceeds 2.25 inches; and has a rated wattage that is forty

watts or higher.

45. "Federally exempt fluorescent lamp" means any linear lamps

excluded from the definition of general service fluorescent lamps in 10

CFR 430.32(n). Federally exempt fluorescent lamps include high-CRI

linear fluorescent lamps, impact-resistant linear fluorescent lamps,

cold-temperature linear fluorescent lamps, and less than four-foot

linear fluorescent lamps.

46. The following definitions refer to portable air conditioners:

(a) "Portable air conditioner" means a portable encased assembly,

other than a packaged terminal air conditioner, room air conditioner, or

dehumidifier, that delivers cooled, conditioned air to an enclosed

space, and is powered by single-phase electric current. Such portable

air conditioner includes a source of refrigeration and may include

additional means for air circulation and heating and may be a

single-duct or a dual-duct portable air conditioner.

(b) "Single-duct portable air conditioner" means a portable air

conditioner that draws all of the condenser inlet air from the

conditioned space without the means of a duct and discharges the

condenser outlet air outside the conditioned space through a single-duct

attached to an adjustable window bracket.

(c) "Dual-duct portable air conditioner" means a portable air

conditioner that draws some or all of the condenser inlet air from

outside the conditioned space through a duct attached to an adjustable

window bracket, may draw additional condenser inlet air from the

conditioned space, and discharges the condenser outlet air outside the

conditioned space by means of a separate duct attached to an adjustable

window bracket.

46-a. "Residential ventilating fan" means a fan with the purpose to

actively supply air to or remove air from the inside of a residence.

This includes ceiling and wall-mounted fans or remotely mounted in-line

fans designed to be used in a bathroom or utility room, supply fans

designed to provide air to indoor space and kitchen range hoods. Supply

fans may also be designed to filter incoming air.

47. "Telephone" means an electronic product whose primary purpose is

to transmit and receive sound over a distance using a voice or data

network.

48. The following definitions refer to faucets and showerheads:

(a) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet,

public lavatory faucet, or replacement aerator for a lavatory, public

lavatory or kitchen faucet.

(b) "Public lavatory faucet" means a fitting intended to be installed

in nonresidential bathrooms that are exposed to walk-in traffic.

(c) "Metering faucet" means a faucet that, when turned on, will

gradually shut itself off over a period of several seconds.

(d) "Replacement aerator" means an aerator sold as a replacement,

separate from the faucet to which it is intended to be attached.

(e) "Showerhead" means a device through which water is discharged for

a shower bath and includes a hand-held showerhead but does not include a

safety shower showerhead.

(f) "Hand-held showerhead" means a showerhead that can be held or

fixed in place for the purpose of spraying water onto a bather and that

is connected to a flexible hose.

49. The following definitions refer to urinals and water closets:

(a) "Plumbing fixture" means an exchangeable device, which connects to

a plumbing system to deliver and drain away water and waste.

(b) "Urinal" means a plumbing fixture that receives only liquid body

waste and, conveys the waste through a trap into a drainage system.

(c) "Water closet" means a plumbing fixture having a water-containing

receptor that receives liquid and solid body waste through an exposed

integral trap into a drainage system.

(d) "Dual-flush effective flush volume" means the average flush volume

of two reduced flushes and one full flush.

(e) "Dual-flush water closet" means a water closet incorporating a

feature that allows the user to flush the water closet with either a

reduced or a full volume of water.

(f) "Trough-type urinal" means a urinal designed for simultaneous use

by two or more persons.

50. The following definitions refer to spray sprinkler bodies:

(a) "Pressure regulator" means a device that maintains constant

operating pressure immediately downstream from the device, given higher

pressure upstream.

(b) "Spray sprinkler body" means the exterior case or shell of a

sprinkler incorporating a means of connection to the piping system

designed to convey water to a nozzle or orifice.

51. "Uninterruptable power supply" means a battery charger consisting

of a combination of convertors, switches and energy storage devices

(such as batteries), constituting a power system for maintaining

continuity of load power in case of input power failure.

52. "Commercial battery charger system (BCS)" or "state-regulated BCS"

means a battery charger coupled with its batteries or battery chargers

coupled with their batteries, which together are referred to as

state-regulated battery charger systems. This term covers all

rechargeable batteries or devices incorporating a rechargeable battery

and the chargers used with them. Battery charger systems include, but

are not limited to:

(a) electronic devices with a battery that are normally charged from

AC line voltage or DC input voltage through an internal or external

power supply and a dedicated battery charger;

(b) the battery and battery charger components of devices that are

designed to run on battery power during part or all of their operations;

(c) dedicated battery systems primarily designed for electrical or

emergency backup; and

(d) devices whose primary function is to charge batteries, along with

the batteries they are designed to charge. These units include chargers

for power tool batteries and chargers for automotive, AA, AAA, C, D, or

9V rechargeable batteries, as well as chargers for batteries used in

larger industrial motive equipment and a la carte chargers.

The charging circuitry of battery charger systems may or may not be

located within the housing of the end-use device itself. In many cases,

the battery may be charged with a dedicated external charger and power

supply combination that is separate from the device that runs on power

from the battery. State-regulated battery charger systems do not include

federally regulated battery chargers that are covered under standards in

10 C.F.R. section 430.32(z).

53. "Gas fireplace" means a decorative gas fireplace or a heating gas

fireplace.

(a) "Decorative gas fireplace" means a vented fireplace, including

appliances that are freestanding, recessed, zero clearance, or a gas

fireplace insert, that is fueled by natural gas or propane, is marked

for decorative use only, and is not equipped with a thermostat or

intended for use as a heater.

(b) "Heating gas fireplace" means a vented fireplace, including

appliances that are freestanding, recessed, zero clearance, or a gas

fireplace insert, that is fueled by natural gas or propane and is not a

decorative fireplace.

54. "Manufactured home" has the meaning ascribed to that term by

subdivision seven of section six hundred one of the executive law.

55. "Recreational vehicle" means a van or utility vehicle used for

recreational purposes.

56. "Uniform code" means the New York state uniform fire prevention

and building code adopted pursuant to article eighteen of the executive

law.

57. "Energy code" means the New York state energy conservation

construction code adopted pursuant to article eleven of this chapter.

58. "Electric vehicle supply equipment (EVSE)" means equipment that

supplies electricity in an appropriate form to storage devices,

including batteries and super capacitors, that are part of electric

vehicles. Such term shall include equipment that performs this function

and equipment that is embedded in electric vehicles.

59. "Electric vehicle" means an on-road vehicle that draws electricity

for propulsion from a traction battery with a least five kilowatt-hours

(kWh) of capacity, and uses an external source of energy to recharge the

battery. Such term shall include a plug-in hybrid electric vehicle

(PHEV) with a second source of energy for propulsion, and a battery

electric vehicle (BEV), which is powered solely by externally supplied

electricity stored on-board such electric vehicle.

60. "Commercial clothes dryer" means a clothes dryer designed to dry

fabrics in a tumble-type drum with forced air circulation and is

designed for use in:

(a) Applications in which the occupants of more than one household

will be using the clothes dryer, including multi-family housing common

areas and coin laundries; or

(b) Other commercial applications.

61. "Commercial and industrial fans and blowers" means a rotary-bladed

machine used to convert power to air power, with a brake horsepower

greater than or equal to either one kilowatt or one horsepower, and an

air horsepower less than or equal to one hundred fifty, and used for

commercial and industrial purposes.

62. "Imaging equipment" means copiers, printers, scanners, fax

machines, and multifunction devices used both in homes and businesses.

63. "Landscape irrigation controller" means a device intended to

remotely control valves to operate an irrigation system for landscapes,

which may consist of grass, shrubs, trees and/or other vegetation. This

term shall not include devices that are typically sold separately and

used primarily for other purposes, such as a network router, and may be

used incidentally for a landscape irrigation controller. This term shall

not include battery powered hose-end timers or devices used primarily in

agricultural applications.

64. "Outdoor lighting" means electrical lighting used to illuminate

outdoor areas, including parking lots, streetlights, highways and area

luminaires.

65. "Plug-in luminous signs" means a self-contained, luminous sign

unit that plugs into 120V AC building mains power and is intended for

indoor use only. Signs may be intended for use in commercial outlets in

business establishments or in residences.

66. "Small network equipment" means a device whose primary function is

to pass internet protocol (IP) traffic among various network interfaces

or ports intended for use in residential and small business settings.

67. "Tub spout diverters" means the following definitions:

(a) A bath and shower diverter whose diverter mechanism is located in

the tub spout; and/or

(b) Bath and shower diverter means a device used to direct the flow of

water either toward a tub spout or toward a secondary outlet intended

for showering purposes, including a showerhead or body spray.