This text of New York § 396-S (Individual sewage disposal system; information to vendees of newly constructed homes) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 396-s. Individual sewage disposal system; information to vendees of\nnewly constructed homes.
1.When used in this section, the following\nterms, unless the context requires otherwise, shall have the following\nmeanings:\n (a) "Vendee" means any individual or individuals who have contracted\nwith a vendor for construction of a home on land not owned at the time\nof such agreement by such individual or individuals.\n (b) "Vendor" means any person, firm, corporation, or association\nengaged in the business of constructing new homes. A banking\norganization, as that term is defined in the banking law, shall be a\nvendor within the meaning of this section if such organization sells a\nnewly constructed home to a vendee.\n (c) "Department" means the state department of health.\n (d) "In
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§ 396-s. Individual sewage disposal system; information to vendees of\nnewly constructed homes. 1. When used in this section, the following\nterms, unless the context requires otherwise, shall have the following\nmeanings:\n (a) "Vendee" means any individual or individuals who have contracted\nwith a vendor for construction of a home on land not owned at the time\nof such agreement by such individual or individuals.\n (b) "Vendor" means any person, firm, corporation, or association\nengaged in the business of constructing new homes. A banking\norganization, as that term is defined in the banking law, shall be a\nvendor within the meaning of this section if such organization sells a\nnewly constructed home to a vendee.\n (c) "Department" means the state department of health.\n (d) "Individual sewage disposal system" means a facility serving one\nor more parcels of land and disposing of sewage or other liquid wastes\ninto the soil of such parcels, except where a permit for such a facility\nis required under the applicable provisions of article seventeen of the\nenvironmental conservation law.\n (e) "Health pamphlet" means the pamphlet known as the New York state\nhealth department waste treatment pamphlet entitled, "Septic System\nOperation and Maintenance".\n 2. On and after July first, nineteen hundred eighty-one every vendor\nshall, either in person or by certified mail, deliver to a vendee at the\ntime of the transfer of title of the home serviced by an individual\nsewage disposal system a copy of the health pamphlet. If the political\nsubdivision within which the home is located has published a waste\ntreatment handbook or pamphlet on individual sewage disposal systems,\nthe vendor shall supply a copy of such informational material to the\nvendee in the same manner as the health pamphlet.\n 3. The commissioner of the department of health is hereby directed to\nmodify the contents of the health pamphlet in such a manner that such\npamphlet shall contain information relating to the proper method of\noperating and maintaining individual sewage disposal systems. Such\ninformation shall be in clear and concise language readily\ncomprehensible by vendees and shall identify potential problems that\nvendees may encounter with individual sewage disposal systems. The\nmodification to the health pamphlet required by this subdivision shall\nbe made on or before the effective date of this section and shall be\nincluded within any health pamphlet to be distributed by the department\non and after July first, nineteen hundred eighty-one.\n 4. The department may establish a method of distributing the pamphlets\nso that there is no fiscal impact upon the department.\n 5. Any vendor violating this section shall be assessed a civil penalty\nnot to exceed two hundred fifty dollars.\n