New York Consolidated Laws, General Business Law - GBS § 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.

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