(a) Prohibitions and requirements. The provisions of this section will be effective 60 days after the date that the first qualifying testing program is approved by the New York State Department of Environmental Conservation or its agent.
(1) Only the following kinds of dry cleaning equipment are permitted to be installed in perc dry cleaning facilities subject to this Rule: new closed-loop dry cleaning machines; converted dry cleaning machines; door fan systems; or, add-on secondary control systems which meet the design and performance standards in 15 RCNY § 12-06 and testing requirements of this section. Unless otherwise specified in this Rule, the dry cleaning equipment as manufactured and installed must comply in all respects with the unit upon which certification by the New York State Department of Environmental Conservation or its agent was based.
(2) Any manufacturer or vendor of any new closed-loop dry cleaning equipment that is to be installed in and used by a dry cleaning facility in New York City must apply for and receive certification from the New York State Department of Environmental Conservation or its agent that the equipment to be installed and operated complies in all respects with the performance standards and the testing requirements of Part 232 of Title 6 of the Codes, Rules, and Regulations of the State of New York. Such certification must include the operating parameters under which the equipment was tested to receive certification.
(3) It is unlawful for any person to sell, offer for sale, cause to be offered for sale, lease or represent new closed-loop dry cleaning equipment or any other machine or system described in paragraph (a)(1) of this section as one which can be used by a dry cleaning facility in New York City unless it has been certified by the New York State Department of Environmental Conservation or its agent.
(4) The contract of sale, lease, or use between the manufacturer or vendor and dry cleaning equipment user must contain, at a minimum, a provision stating that the manufacturer or vendor must, upon request, provide the user with a copy of the certification of the equipment by the New York State Department of Environmental Conservation or its agent, as required by § 232.13 of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(5) The manufacturer or vendor must provide immediate notification to the Department of any generic design or functional defect discovered in the equipment. Such notice must include a detailed plan of the manufacturer's or vendor's remedy.
(6) After the certified dry cleaning equipment has been installed at the user's facility, the manufacturer or manufacturer's representative must supply at least a two-day training session to the purchaser or lessee. The training must include instruction on how to maintain and operate the dry cleaning machine. This requirement does not apply to add-on door fan systems designed to capture drum vapors when the door is open.
(b) Equipment testing. All persons conducting equipment testing must comply with the equipment testing requirements, protocols, methods, and procedures of § 232.13(b) of Title 6 of the Codes, Rules, and Regulations of the State of New York.