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This entry was published on 2014-09-22
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SECTION 396-S
Individual sewage disposal system; information to vendees of newly constructed homes
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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.