§ 2-263 Construction.

   (a)   Nothing contained in 6 RCNY §§ 2-251 through 2-263 shall be construed to relieve a licensee from compliance with any other applicable laws of New York City, New York State or the United States.

   (b)   Nothing contained in 6 RCNY §§ 2-251 through 2-263 shall be construed to waive any right that a customer may have under common law or statute.

   (c)   In the event that all or any part of 6 RCNY §§ 2-251 through 2-263 are in conflict with any other regulation of the Department of Consumer Affairs, these regulations shall take precedence.

§ 2-264 Severability.

If any provision of 6 RCNY §§ 2-251 through 2-263 or the application of such provision to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are severable.

Subchapter Y: Products for the Disabled: Sale, Rental, Repair and Servicing

§ 2-271 Definitions.

   Dealer. "Dealer" as defined in § 20-425(f) of the Administrative Code:

      (1)   A person shall be deemed a "dealer" whenever:

         (i)   more than $4,000 of the annual gross receipts of the person's business during the previous tax year resulted from the selling, renting, repairing or adjusting of products for the disabled; or

         (ii)   more than 10 percent of the annual gross income of the person's business during the previous tax year was derived from selling, renting, repairing or adjusting of products for the disabled.

      (2)   A business located outside of New York City shall be deemed a "dealer" whenever the amount of its annual gross receipts or income derived from the sale, rental, repair or adjustment of products for the disabled for consumers residing in New York City equals or exceeds the amounts set forth in either subparagraph (1)(i) or (1)(ii) above.

   Licensed or registered by any other state or local law. A person "licensed or registered by any other state or local law" for purposes of exemption from the requirements of obtaining a license under the Products for the Disabled Law does not include a person licensed or registered by state or local law for an activity other than the selling, renting, repairing or adjusting of products for the disabled as defined in this subchapter. Not exempt, for example, are persons:

      (1)   certified by Medicaid;

      (2)   licensed by the New York City Department of Consumer Affairs as secondhand dealers;

      (3)   licensed by the New York State Department of Education as pharmacists; or

      (4)   possessing state tax certificates.

   Products for the disabled. "Products for the disabled" includes, in addition to the items set forth in § 20-425 of the Administrative Code, the following:

      (1)   orthotic devices except stock orthotic devices that are not custom fitted, nor substantially intended for use by the disabled (e.g. ace bandages and stock support hose);

      (2)   prosthetic devices except stock breast prostheses;

      (3)   self-help aids except:

         (i)   assistic devices for the blind, and

         (ii)   walkers, walkerettes and canes;

      (4)   ostomy supplies except non-durable or disposable stock ostomy supplies; (5) orthopedic or support shoes except those not designed specifically or substantially for the disabled.

Written response. For purposes of this subchapter whenever a dealer is required to obtain a "written" response from a consumer, such a response may be oral when the consumer is physically unable to write.