N.Y. Energy Law § 17-105: Heating system efficiency tests

§ 17-105. Heating system efficiency tests. 1. For the purposes of

this section:

a. "Contractor" means any person who contracts to install, repair or

service oil or gas heating systems for customers.

b. "Oil heating system" means a device which burns either No. 2 or No.

4 fuel oil for heating purposes.

c. "Gas heating system" means a device which burns either natural gas

or propane for central heating purposes.

d. "Service contract" means an oral or written agreement between a

contractor and a customer which requires the contractor to service the

customer's oil or gas heating system.

e. "Customer" means any person who resides in, or is the owner of, a

one, two or three-family dwelling or a single unit of a multiple

dwelling, including an individual condominium unit or cooperative unit,

who uses an oil or gas heating system for heating such dwelling or unit

and who is responsible for the operation and maintenance of such oil or

gas heating system.

f. "Efficiency test" means a test of steady-state efficiency and shall

include the following procedures: (1) with respect to an oil heating

system, measuring the carbon monoxide, measuring the carbon dioxide or

oxygen content, measuring the net stack temperature, measuring the smoke

level, and such other procedures as the contractor shall deem

appropriate; and (2) with respect to a gas heating system, measuring the

carbon monoxide, measuring the carbon dioxide or oxygen content,

measuring the net stack temperature, and such other procedures as the

contractor shall deem appropriate.

2. Every contractor who offers to perform service contracts for

customers shall offer to include in such contracts a yearly efficiency

test. Such test, which shall be at a customer's option, shall be

performed after any repairs or adjustments have been completed pursuant

to the service contract, and the additional cost, if any, for such test

shall be separately charged. Upon the completion of any such test, the

contractor shall provide the customer with a form listing the values for

carbon monoxide, carbon dioxide or oxygen content, the net stack

temperature, and the smoke level, as appropriate, and the steady-state

efficiency (expressed in a percentage) determined therefrom.

3. The commissioner shall make reasonable efforts to notify all

contractors of their obligation to offer efficiency tests to customers

as provided by the provisions of this section.