N.Y. ENG Law § 17-105

§ 17-105. Heating system efficiency tests. 1. For the purposes of\nthis section:\n a. "Contractor" means any person who contracts to install, repair or\nservice oil or gas heating systems for customers.\n b. "Oil heating system" means a device which burns either No. 2 or No.\n4 fuel oil for heating purposes.\n c. "Gas heating system" means a device which burns either natural gas\nor propane for central heating purposes.\n d. "Service contract" means an oral or written agreement between a\ncontractor and a customer which requires the contractor to service the\ncustomer's oil or gas heating system.\n e. "Customer" means any person who resides in, or is the owner of, a\none, two or three-family dwelling or a single unit of a multiple\ndwelling, including an individual condominium unit or cooperative unit,\nwho uses an oil or gas heating system for heating such dwelling or unit\nand who is responsible for the operation and maintenance of such oil or\ngas heating system.\n f. "Efficiency test" means a test of steady-state efficiency and shall\ninclude the following procedures: (1) with respect to an oil heating\nsystem, measuring the carbon monoxide, measuring the carbon dioxide or\noxygen content, measuring the net stack temperature, measuring the smoke\nlevel, and such other procedures as the contractor shall deem\nappropriate; and (2) with respect to a gas heating system, measuring the\ncarbon monoxide, measuring the carbon dioxide or oxygen content,\nmeasuring the net stack temperature, and such other procedures as the\ncontractor shall deem appropriate.\n 2. Every contractor who offers to perform service contracts for\ncustomers shall offer to include in such contracts a yearly efficiency\ntest. Such test, which shall be at a customer's option, shall be\nperformed after any repairs or adjustments have been completed pursuant\nto the service contract, and the additional cost, if any, for such test\nshall be separately charged. Upon the completion of any such test, the\ncontractor shall provide the customer with a form listing the values for\ncarbon monoxide, carbon dioxide or oxygen content, the net stack\ntemperature, and the smoke level, as appropriate, and the steady-state\nefficiency (expressed in a percentage) determined therefrom.\n 3. The commissioner shall make reasonable efforts to notify all\ncontractors of their obligation to offer efficiency tests to customers\nas provided by the provisions of this section.\n