2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
396-S - Individual sewage disposal system; information to vendees of newly constructed homes.

 
    §  396-s. Individual sewage disposal system; information to vendees of
  newly constructed homes. 1. When used in  this  section,  the  following
  terms,  unless  the context requires otherwise, shall have the following
  meanings:
    (a) "Vendee" means any individual or individuals who  have  contracted
  with  a  vendor for construction of a home on land not owned at the time
  of such agreement by such individual or individuals.
    (b) "Vendor" means  any  person,  firm,  corporation,  or  association
  engaged   in   the   business  of  constructing  new  homes.  A  banking
  organization, as that term is defined in the banking  law,  shall  be  a
  vendor  within  the meaning of this section if such organization sells a
  newly constructed home to a vendee.
    (c) "Department" means the state department of health.
    (d) "Individual sewage disposal system" means a facility  serving  one
  or  more  parcels of land and disposing of sewage or other liquid wastes
  into the soil of such parcels, except where a permit for such a facility
  is required under the applicable provisions of article seventeen of  the
  environmental conservation law.
    (e)  "Health  pamphlet" means the pamphlet known as the New York state
  health department waste  treatment  pamphlet  entitled,  "Septic  System
  Operation and Maintenance".
    2.  On  and after July first, nineteen hundred eighty-one every vendor
  shall, either in person or by certified mail, deliver to a vendee at the
  time of the transfer of title of the newly constructed home serviced  by
  an  individual  sewage disposal system a copy of the health bulletin. If
  the political subdivision within which the home is located has published
  a waste treatment handbook or pamphlet  on  individual  sewage  disposal
  systems,  the  vendor shall supply a copy of such informational material
  to the vendee in the same manner as the health pamphlet.
    3. The commissioner of the department of health is hereby directed  to
  modify  the  contents  of the health pamphlet in such a manner that such
  bulletin shall contain information relating  to  the  proper  method  of
  operating  and  maintaining  individual  sewage  disposal  systems. Such
  information  shall  be   in   clear   and   concise   language   readily
  comprehensible  by  vendees  and  shall identify potential problems that
  vendees may encounter  with  individual  sewage  disposal  systems.  The
  modification  to  the health bulletin required by this subdivision shall
  be made on or before the effective date of this  section  and  shall  be
  included  within any health pamphlet to be distributed by the department
  on and after July first, nineteen hundred eighty-one.
    4. The department may establish a method of distributing the pamphlets
  so that there is no fiscal impact upon the department.
    5. Any vendor violating this section shall be subject to a fine of one
  hundred dollars.