§ 38-0103. Definitions.

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The following terms, whenever used or referred to in this article,

shall have the following meaning unless a different meaning clearly

appears from the context:

1. "Chlorofluorocarbon compounds" shall mean one or more of the

following substances used alone or in combination with other compounds:

CFC-11, CFC-12, CFC-113, CFC-114, or CFC-115.

2. "Ozone" means an allotropic, triatomic form of oxygen, chemically

described as O3.

3. "Halon compounds" shall mean one or more of the following

substances: halon-1211, halon-1301 and halon-2402.

4. "Person" shall mean any person, business enterprise or state

authority, locality or municipality.

5. "Motor vehicle" shall mean motor vehicle as defined by section one

hundred twenty-five and omnibus as defined by section one hundred

twenty-six of the vehicle and traffic law.

6. "Motor vehicle air conditioner" means mechanical vapor compression

refrigeration equipment used to cool the drivers or passenger

compartment of any motor vehicle.

7. "Approved motor vehicle refrigerant recapturing equipment" means

equipment that is certified by Underwriters Laboratories (or another

independent standards testing organization acceptable to the department)

to meet the Underwriters Laboratories standard applicable to equipment

for the removal and storage of used CFC refrigerants from motor vehicle

air conditioners (Underwriters Laboratories standards 1963, October 2,

1989) unless such standard is modified by the commissioner through

regulation. Equipment purchased before the date of such certification

shall be considered approved if the manufacturer provides proof that the

model is functionally identical to a model which is certified pursuant

to this section.

8. "Approved motor vehicle refrigerant recycling equipment" means

equipment that is certified by Underwriters Laboratories (or another

independent standards testing organization acceptable to the department)

to meet the society of automotive engineers standard applicable to

equipment for the extraction and reclamation of refrigerant from motor

vehicle air conditioners (SAE standard J-1990, October, 1989), unless

such standard is modified by the commissioner through regulation.

Equipment purchased before the date of such certification shall be

considered approved if the manufacturer provides proof that the model is

functionally identical to the model which is certified pursuant to this

section.

9. "Properly using" approved motor vehicle refrigerant recycling

equipment means using such equipment in conformity with the Society of

Automotive Engineers standard establishing the recommended service

procedure for containment of CFC-12 refrigerant (SAE standard J-1989 or

revisions thereof).

10. "Recycle" means to decontaminate, reclaim, or reprocess CFC

refrigerants captured from a motor vehicle air conditioner or

refrigeration system for reuse, or to destroy such compounds by methods

approved by either the United States Environmental Protection Agency or

the commissioner.

11. "Refrigeration system" shall mean and shall be limited to:

refrigerators used in retail stores, cold storage warehouse

refrigeration systems, and air conditioning systems in large buildings,

including but not limited to, those systems commonly referred to as

chillers.