§ 777 — Definitions

New York § 777

• Jurisdiction: New York
• Law GBS: General Business
• Art. 36-B: Warranties On Sales of New Homes

Text

§ 777. Definitions. As used in this article, the following terms shall\nhave the following meanings:\n 1. "Builder" means any person, corporation, partnership or other\nentity contracting with an owner for the construction or sale of a new\nhome.\n 2. "Building code" means the uniform fire prevention and building code\npromulgated under section three hundred seventy-seven of the executive\nlaw, local building code standards approved by the uniform fire\nprevention and building code council under section three hundred\nseventy-nine of the executive law, and the building code of the city of\nNew York, as defined in title twenty-seven of the administrative code of\nthe city of New York.\n 3. "Constructed in a skillful manner" means that workmanship and\nmaterials meet or exceed the specific standards of the applicable\nbuilding code. When the applicable building code does not provide a\nrelevant specific standard, such term means that workmanship and\nmaterials meet or exceed the standards of locally accepted building\npractices.\n 4. "Material defect" means actual physical damage to the following\nload-bearing portions of the home caused by failure of such load-bearing\nportions which affects their load-bearing functions to the extent that\nthe home becomes unsafe, unsanitary or otherwise unliveable: foundation\nsystems and footings, beams, girders, lintels, columns, walls and\npartitions, floor systems, and roof framing systems.\n 5. "New home" or "home" means any single family house or for-sale unit\nin a multi-unit residential structure of five stories or less in which\ntitle to the individual units is transferred to owners under a\ncondominium or cooperative regime. Such terms do not include dwellings\nconstructed solely for lease, mobile homes as defined in section seven\nhundred twenty-one of this chapter, or any house or unit in which the\nbuilder has resided or leased continuously for three years or more\nfollowing the date of completion of construction, as evidenced by a\ncertificate of occupancy.\n 6. "Owner" means the first person to whom the home is sold and, during\nthe unexpired portion of the warranty period, each successor in title to\nthe home and any mortgagee in possession. Owner does not include the\nbuilder of the home or any firm under common control of the builder.\n 7. "Plumbing, electrical, heating, cooling and ventilation systems"\nshall mean:\n a. in the case of plumbing systems: gas supply lines and fittings;\nwater supply, waste and vent pipes and their fittings; septic tanks and\ntheir drain fields; water, gas and sewer service piping, and their\nextensions to the tie-in of a public utility connection, or on-site well\nand sewage disposal system;\n b. in the case of electrical systems: all wiring, electrical boxes,\nswitches, outlets and connections up to the public utility connection;\nand\n c. in the case of heating, cooling and ventilation systems: all duct\nwork, steam, water and refrigerant lines, registers, convectors,\nradiation elements and dampers.\n 8. "Warranty date" means the date of the passing of title to the first\nowner for occupancy by such owner or such owner's family as a residence,\nor the date of first occupancy of the home as a residence, whichever\nfirst occurs.\n