(1) Only new fourth generation perc dry cleaning machines that belong to equipment models previously certified by the department or that have been issued a manufacturer's statement of compliance may be installed in New York State.

(2) Before any manufacturer or vendor may sell or lease any new uncertified fourth generation perc dry cleaning machine in New York State, the manufacturer or manufacturer's agent must first test the equipment model to verify that the uncertified model complies with all aspects of the design and performance standards in section 232-2.4 of this Subpart, at the time of installation. Should the tested model meet the design and performance standards, the manufacturer or manufacturer's representative shall then issue a notarized statement of compliance for the uncertified model. For an uncertified model that has undergone a name change and is identical to a model previously certified by the department, other than for cosmetic differences, no equipment testing is required if this equivalency is stated and affirmed in the statement of compliance.

(3) It is unlawful for any person to sell, offer for sale, cause to be offered for sale, lease or misrepresent any new fourth generation dry cleaning machine as one which can be installed in a dry cleaning facility in New York State unless it meets the requirements of paragraph (1) of this subdivision.

(4) Upon request, the manufacturer or vendor of any new perc dry cleaning machine, leased or purchased after the effective date of this Subpart for installation and use in New York State, must provide the leaseholder or buyer with a copy of the manufacturer's statement of compliance. Any such statement of compliance must verify that the requirements of paragraph (2) of this subdivision have been met.

(5) The manufacturer or vendor of any fourth generation perc dry cleaning machines, certified by the department, or installed after the effective date of this Subpart, must provide immediate notification to the department should any generic design or functional defect be discovered. Such notification must include a detailed plan to remedy the design or functional defect.

(6) After any new perc dry cleaning machine is installed at a facility, the manufacturer or manufacturer's representative must conduct an on-site two-day training session for the purchaser or lessee. The training session must include instruction on how to maintain and operate the perc dry cleaning machine.

(1) The manufacturer or vendor of any new perc dry cleaning machine, proposed to be installed in New York State, must make the following documents available to the department upon request. Separate documentation must be available for each perc dry cleaning equipment model sold in New York State.

(2) Each manufacturer or vendor of any new fourth generation perc dry cleaning machine that is sold in New York State must provide calibration services to the user facility for any sensors or integral measuring devices that are crucial to the continued compliance with any performance standards under this Subpart for at least five years.