§ 16-102. Definitions. As used in this article:

1. "Active mode" means the condition in which the input of a power
supply or consumer audio and video equipment is connected to the line
voltage AC and the output is connected to a DC or an AC load, fulfilling
one or more of its main functions and drawing a fraction of the power
supply's nameplate power output greater than zero.

1-a. "Product" means any appliance or equipment, other than a motor
vehicle, which in operation consumes or is designed to consume energy or
to result in the consumption of energy, including any water-related
appliance, equipment or fixture that is designed to consume or result in
the consumption of energy in its operation or use.

2. "Authority" means the New York state energy research and
development authority.

3. "Automatic commercial ice-cube maker" means a factory-made
assembly, not necessarily shipped in one package, consisting of a
condensing unit and ice-making section operating as an integrated unit,
with means for making and harvesting cube-type ice. It may also include
means for storing or dispensing cube-type ice, or both.

4. "Ballast" means a device used with an electric discharge lamp to
obtain necessary circuit conditions (voltage, current, and waveform) for
starting and operating the lamp.

4-a. The following definitions refer to water coolers:

(a) "Bottle-type" means a water dispenser that uses a bottle or
reservoir as the source of potable water.

(b) "Water cooler" means a freestanding device that consumes energy to
cool and/or heat potable water.

(c) "Cold only units" means units that dispense cold water only.

(d) "Hot and cold units" means units that dispense both hot and cold
water. Some units may also offer room-temperature water.

(e) "Cook and cold units" means units that dispense both cold and
room-temperature water.

(f) "Point of use (POU)" means the water cooler is connected to a
pressurized water source.

(g) "Conversion-type" means a unit that ships as either bottle-type or
POU and includes a conversion kit intended to convert the water cooler
from a bottle-type unit to a POU unit or to convert a POU unit to a
bottle-type unit.

(h) "Storage-type" means thermally conditioned water is stored in a
tank in the water cooler and is available instantaneously.

(i) "On demand" means the water cooler heats water as it is requested,
which typically takes a few minutes to deliver.

5. "Ceiling fan" means a non-portable device that is suspended from a
ceiling for circulating air via the rotation of fan blades.

6. "Ceiling fan light kit" means the equipment used to provide light
from a ceiling fan. This equipment may be part of the unit such that the
ceiling fan light kit is hardwired to the ceiling fan, or attachable
such that the ceiling fan light kit is not, at the time of sale,
physically attached to the fan. Attachable ceiling fan light kits may be
included inside the ceiling fan package at the time of sale, or sold
separately for subsequent attachment to the fan.

6-a. "Commercial hot food holding cabinet" means a heated, fully
enclosed compartment, with one or more solid or partial glass doors,
that is designed to maintain the temperature of hot food that has been
cooked in a separate appliance. "Commercial hot food holding cabinet"
does not include heated glass merchandising cabinets, drawer warmers or
cook-and-hold appliances.

7. "Very large commercial package air conditioning and heating
equipment" means air-cooled, water-cooled, evaporatively-cooled, or
water source (not including ground water source) electrically operated,
unitary central air conditioners and central air conditioning heat pumps
for commercial application rated at or above two hundred forty thousand
BTU per hour and below seven hundred sixty thousand BTU per hour
(cooling capacity).

8. "Commercial pre-rinse spray valve" means a hand-held device
designed to spray water on dishes, flatware and other food service items
for the purpose of removing food residue prior to the placement of such
items in a commercial automatic dishwasher.

9. (a) "Commercial refrigerator, freezer, and refrigerator-freezer"
means refrigeration equipment that:

(i) is not a consumer product as defined by 42 USC 6291;

(ii) is not designed and marketed exclusively for medical, scientific,
or research purposes;

(iii) operates at a chilled, frozen, combination chilled/frozen, or
variable temperature;

(iv) displays or stores merchandise and other perishable materials
either horizontally, semivertically, or vertically;

(v) has transparent or solid doors, sliding or hinged doors, a
combination of hinged, sliding, transparent or solid doors;

(vi) is designed for pull-down temperature applications or holding
temperature applications; and

(vii) is connected to a self-contained condensing unit.

(b) The term "pull-down temperature application" means a commercial
refrigerator with doors that, when fully loaded with twelve ounce
beverage cans at ninety degrees Fahrenheit, can cool these beverages to
an average stable temperature of thirty-eight degrees Fahrenheit in
twelve hours or less.

(c) The term "holding temperature application" means a use of
commercial refrigeration equipment other than a pull-down temperature
application, excluding a blast chiller or freezer.

(d) The term "self-contained condensing unit" means a factory-made
assembly of refrigerating components designed to compress and liquefy a
specific refrigerant that is an integral part of the refrigerated
equipment and consists of one or more refrigerant compressors,
refrigerant condensers, condenser fans and motors, and factory supplied
accessories.

(e) The term "integrated average temperature" means the average
temperature of all test package measurements taken during the test.

(f) The term 'AV' means the adjusted volume (cubic feet) defined as
1.63 X frozen temperature compartment volume (cubic feet) + chilled
temperature compartment volume (cubic feet) with compartment volumes
measured in accordance with the association of home appliance
manufacturers standard HRF1-1979.

(g) The term 'V' means the chilled or frozen compartment volume (cubic
feet) as defined in the association of home appliance manufacturers
standard HRF1-1979.

10. "Compact audio product", also known as a mini, mid, micro, or
shelf audio system, means an integrated audio system encased in a single
housing that includes an amplifier and radio tuner, attached or
separable speakers, and can reproduce audio from one or more of the
following media: magnetic tape, CD, DVD, or flash memory. "Compact audio
product" does not include products that can be independently powered by
internal batteries or that have a powered external satellite antenna, or
that can provide a video output signal.

11. "Consumer audio and video product" means a mains-connected product
that amplifies audio, offers optical, offers disc player functionality,
and/or receives and plays audio and/or video content. Examples of
consumer audio and video products include compact audio products,
digital versatile disc players, digital versatile disc recorders,
digital television adapters and streaming media players. Televisions are
specifically excluded from consumer audio and video products.

12. "Digital television adapter" means a commercially available
electronic product for which the sole purpose is the conversion of
digital video terrestrial broadcast signals to analog NTSC video signals
for use by a TV or VCR.

13. "Digital versatile disk (DVD)" means a laser-encoded plastic
medium capable of storing a large amount of digital audio, video, and
computer data.

14. "Digital versatile disc (DVD) player" means a commercially
available electronic product encased in a single housing that includes
an integral power supply and for which the sole purpose is the decoding
of digitized video signals on a DVD.

15. "Digital versatile disc (DVD) recorder" means a commercially
available electronic product encased in a single housing that includes
an integral power supply and for which the sole purpose is the
production or recording of digitized audio and video signals on a DVD.
"DVD recorder" does not include models that have an EPG function.

16. "Digital video recorder (DVR)" means a device which can record
video signals onto a hard disk drive or other device that can store the
images digitally. "DVR" does not include models that have an EPG
function.

17. "Electronic programming guide (EPG)" means an application that
provides an interactive, onscreen menu of TV listings, and that
downloads program information from the vertical blanking interval of a
regular TV signal.

18. "Efficiency standard" means a standard that defines performance
metrics and/or defines prescriptive design requirements associated with
the regulated category of product in order to reduce energy consumption,
reduce water consumption, and reduce greenhouse gas emissions associated
with energy consumption and/or increase demand flexibility.

18-a. "Greenhouse gas" means "greenhouse gas" as defined in
subdivision seven of section 75-0101 of the environmental conservation
law.

18-b. "Demand flexibility" means the capability to schedule, shift, or
curtail the electrical demand of a load-serving entity's customer
through direct action by the customer or through action by a third
party, the load-serving entity, or a grid balancing authority, with the
customer's consent.

19. "High-intensity discharge lamp" means a lamp in which light is
produced by the passage of an electric current through a vapor or gas,
and in which the light-producing arc is stabilized by bulb wall
temperature and the arc tube has a bulb wall loading in excess of three
watts per square centimeter.

20. "Illuminated exit sign" means an internally-illuminated sign that
is designed to be permanently fixed in place and used to identify an
exit; a light source illuminates the sign or letters from within, and
the background of the exit sign is not transparent.

21. "Incandescent reflector lamp" means a lamp which is not colored or
designed for rough or vibration service applications, that has an inner
reflective coating on the outer bulb to direct the light, an E26 medium
screw base, and a rated voltage or voltage range that lies at least
partially within one hundred fifteen to one hundred thirty volts, and
that falls into one of the following categories:

(a) a bulged reflector or elliptical reflector bulb shape and which
has a diameter which equals or exceeds 2.25 inches; or

(b) a reflector, parabolic aluminized reflector, or similar bulb shape
and which has a diameter of 2.25 to 2.75 inches.

21-a. "Lamp" means an electrical appliance that includes a glass
envelope and produces optical radiation for the purpose of visual
illumination, designed to be installed into a light fixture by means of
an integral lamp-holder or socket.

21-b. "Light fixture" means a product designed to provide light that
includes at least one lamp-holder or socket and parts to distribute the
light, to position or protect one or more lamps and to connect one or
more lamps to a power supply.

21-c. "Duv" means a metric that quantifies the distance between the
chromaticity of a given light source and a blackbody radiator of equal
correlated color temperature (CCT) on a CIE 1976 (u, v) chromatic
diagram demonstrating how different two light sources of the same color
temperature appear.

21-d. "Light Emitting Diode (LED) lamp" means a lamp capable of
producing light with Duv between -0.012 and 0.012, and that has an E12,
E17, E26, or GU-24 base, including LED lamps that are designed for
retrofit within existing recessed can housings that contain one of the
preceding bases. LED lamp does not include a lamp with a brightness of
more than two thousand six hundred lumens or a lamp that cannot produce
light with a correlated color temperature between two thousand two
hundred Kelvin and seven thousand Kelvin.

22. "Metal halide lamp" means a high intensity discharge lamp in which
the major portion of the light is produced by radiation of metal halides
and their products of dissociation, possibly in combination with
metallic vapors.

23. "Metal halide lamp fixture" means a light fixture designed to be
operated with a metal halide lamp and a ballast for a metal halide lamp.

24. "No load mode" means the condition in which the input of a power
supply is connected to an AC source consistent with the power supply's
nameplate AC voltage, and the output is not connected to a product or
any other load.

25. "Pedestrian traffic signal module" means an electrically operated
traffic control device composed of one or more indications which is
erected for the exclusive purpose of directing pedestrian traffic at
signalized locations. It consists of a light source, lens, and all parts
necessary for operation.

26. "Person" means any individual, trustee, agency, partnership,
association, corporation, company, municipality, political subdivision,
or other legal entity.

27. "Point of deployment (POD)" means a card which enables a TV to
have secure conditional access to a cable or satellite system.

27-a. "Portable electric spa" means a factory-built electric spa or
hot tub, which may or may not include any combination of integral
controls, water heating or water circulating equipment.

27-b. "Portable light fixture" means a light fixture which has a
flexible cord and an attachment plug for connection to a nominal one
hundred twenty-volt, fifteen- or twenty-ampere branch circuit; which can
be relocated by the user without any rewiring; which is typically
controlled with a switch located on the light fixture itself or on the
power cord; and which are intended for use in accordance with the
national electrical code, ANSI/NFPA 70-2002. "Portable light fixture"
does not include direct plug-in nightlights; sun and heat lamps;
aquarium lamps; medical and dental lights; portable electric hand lamps;
signs and commercial advertising displays; photographic lamps;
germicidal lamps; illuminated vanity mirrors; lava lamps not providing
general or task illumination; industrial work lights rated for use with
a lamp providing greater than seven thousand lumens; portable lamp
fixtures for marine use or for use in hazardous locations as defined in
the national electrical code, ANSI/NFPA 70; or decorative lighting
outfits or electric candles and candelabras without lampshades that are
covered by the standard for safety of seasonal and holiday decorative
products, UL 588.

28. "Power supply" means a single voltage external AC to DC or AC to
AC power supply included with other retail products and single voltage
external AC to DC or AC to AC power supply sold separately.

29. "President" means the president of the New York state energy
research and development authority.

29-a. "Replacement dedicated-purpose pool pump motor" means an
electric motor that:

(a) is single-phase or polyphase;

(b) has a dedicated purpose pool pump motor total horsepower of less
than or equal to five horsepower;

(c) is marketed for use as a replacement motor in self-priming pool
filter pump, non-self-priming pool filter pump or pressure cleaner
booster pump applications; and

(d) excludes polyphase replacement dedicated-purpose pool pump motors
capable of operating without a drive, and is sold or offered for sale
without a drive that converts single-phase power to polyphase power.

30. "Secretary" means the secretary of state.

31. "Single-voltage external AC to DC or AC to AC power supply" means
a device that:

(a) is designed to convert line voltage AC input into lower voltage DC
or AC output;

(b) is able to convert to only one DC or AC output voltage at a time;

(c) is sold with, or intended to be used with, a separate end-use
product that constitutes the primary load;

(d) is contained within a separate physical enclosure from the end-use
product;

(e) is connected to the end-use product via a removable or hard-wired
male/female electrical connection, cable, cord, or other wiring;

(f) does not have batteries or battery packs that physically attach
directly (including those that are removable) to the power supply unit;

(g) does not have a battery chemistry or type selector switch and an
indicator light; or does not have a battery chemistry or type selector
switch and a state of charge meter;

(h) has a nameplate output power less than or equal to two hundred
fifty watts.

32. "Standby-passive mode" means the condition in which a power supply
or consumer audio and video product is connected to a power source, and
does not fulfill its main function, and can be switched to active mode
with the remote control unit or an internal signal.

33. "Television (TV)" means an analog or digital device primarily
designed to receive and display terrestrial, satellite, cable, Internet
Protocol TV (IPTV), or other broadcast or recorded transmissions of
analog or digital video and audio signals. TVs include combination TVs,
television monitors, component TVs, and any unit that is marketed to the
consumer as a TV. "Television" does not include computer monitors.

34. "Torchiere lighting fixture" means a portable electric lighting
fixture with a reflective bowl that is designed to direct light upward
onto a ceiling so as to produce indirect illumination on the surfaces
below.

35. "Unit heater" means a self-contained, vented fan-type commercial
space heater that uses natural gas or propane, and that is designed to
be installed without ducts within a heated space, except that such term
does not include any products covered by federal standards established
pursuant to 42 U.S. Code section 6291 and subsequent sections or any
product that is a direct vent, forced flue heater with a sealed
combustion burner.

36. "Vehicular traffic signal module" means an electrically operated
standard 8-inch (200mm) or 12-inch (300mm) round traffic control device
composed of one or more indications which is erected for the exclusive
purpose of directing vehicular traffic at signalized locations. It
consists of a light source, lens, and all parts necessary for operation.
It communicates traffic control messages through red, amber and green
colors.

37. "Video cassette recorder (VCR)" means a commercially available
analog recording device that includes an integral power supply and which
records television signals onto a tape medium for subsequent viewing.

38. The following definitions refer to air compressors:

(a) "Air compressor" means a compressor designed to compress air that
has an inlet open to the atmosphere or other source of air, and is made
up of a compression element (bare compressor), driver or drivers
mechanical equipment to drive the compressor element, and any ancillary
equipment.

(b) "Compressor" means a machine or apparatus that converts different
types of energy into the potential energy of gas pressure for
displacement and compression of gaseous media to any higher-pressure
values above atmospheric pressure and has a pressure ratio at full-load
operating pressure greater than 1.3.

39. The following definitions refer to air purifiers:

(a) "Air purifier", also known as "room air cleaner", means an
electric, cord-connected, portable appliance with the primary function
of removing particulate matter from the air and which can be moved from
room to room.

(b) "Industrial air purifier" means an indoor air cleaning device
manufactured, advertised, marketed, labeled, and used solely for
industrial use that are marketed solely through industrial supply
outlets or businesses and prominently labeled as "Solely for industrial
use. Potential health hazard: emits ozone."

40. "Commercial dishwasher" means a machine designed to clean and
sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays
by applying sprays of detergent solution (with or without blasting media
granules) and a sanitizing rinse and is not a "compact dishwasher" or
"standard dishwasher" (capacity less than eight place settings plus six
serving pieces as specified in ANSI/AHAM DW-1 using the test load
specified in section 2.7 of appendix C in subpart B of 10 CFR 430.2).

41. "Commercial fryer" means an appliance for non-residential use,
including a cooking vessel, in which oil is placed to such a depth that
the cooking food is essentially supported by displacement of the cooking
fluid rather than by the bottom of the vessel. Heat is delivered to the
cooking fluid by means of an immersed electric element of band-wrapped
vessel (electric fryers) or by heat transfer from gas burners through
either the walls of the fryer or through tubes passing through the
cooking fluid (gas fryers).

41-a. "Commercial oven" means a chamber designed for heating,
roasting, or baking food by conduction, convection, radiation, and/or
electromagnetic energy.

42. "Commercial steam cooker" also known as "compartment steamer",
means a device for non-residential use with one or more food-steaming
compartments in which the energy in the steam is transferred to the food
by direct contact. Models may include countertop models, wall-mounted
models, and floor models mounted on a stand, pedestal, or cabinet-style
base.

42-a. "Commercial hot food holding cabinet" means a heated, fully
enclosed compartment, with one or more solid or partial glass doors,
that is designed to maintain the temperature of hot food that has been
cooked in a separate appliance. "Commercial hot food holding cabinet"
does not include heated glass merchandising cabinets, drawer warmers or
cook-and-hold appliances.

43. "Computer" means a device that performs logical operations and
processes data. A computer includes both stationary and portable units
and includes a desktop computer, a portable all-in-one, a notebook
computer, a mobile gaming system, a high-expandability computer, a
small-scale server, a thin client, and a workstation. Although a
computer is capable of using input devices and displays, such devices
are not required to be included with the computer when the computer is
shipped. A computer is composed of, at a minimum, (a) a central
processing unit (CPU) to perform operations or, if no CPU is present,
then the device must function as a client gateway to a server, and the
server acts as a computational CPU; (b) the ability to support user
input devices such as a keyboard, mouse, or touch pad; and (c) an
integrated display screen or the ability to support an external display
screen to output information. The term "computer" does not include a
tablet, a game console, a television, a device with an integrated and
primary display that has a screen size of twenty square inches or less,
a server other than a small-scale server, or an industrial computer.

43-a. "Computer monitor" means an analog or digital device of size
greater than or equal to seventeen inches and less than or equal to
sixty-one inches, that has a pixel density of greater than five thousand
pixels per square inch, and that is designed primarily for the display
of computer-generated signals for viewing by one person in a desk-based
environment. A computer monitor is composed of a display screen and
associated electronics. A computer monitor does not include, (a)
displays with integrated or replaceable batteries designed to support
primary operation without AC mains or external DC power (e.g. electronic
readers, mobile phones, portable tablets, battery-powered digital
picture frames); or (b) a television or signage display.

44. "General service lamp" shall include the following definitions:

(a) "Compact fluorescent lamp (CFL)" means an integrated or
non-integrated single-base, low-pressure mercury, electric-discharge
source in which a fluorescing coating transforms some of the ultraviolet
energy generated by the mercury discharge into light; this term shall
not include circline or U-shaped lamps.

(b) "General service incandescent lamp" means a standard incandescent
or halogen type lamp that is intended for general service applications,
has a medium screw base, has a lumen range of not less than three
hundred ten lumens and not more than two thousand six hundred lumens, or
in the case of a modified spectrum lamp, not less than two hundred
thirty-two lumens and not more than one thousand nine hundred fifty
lumens, and is capable of being operated at a voltage range at least
partially within one hundred ten and one hundred thirty volts; provided,
however, that this definition shall not apply to the following
incandescent lamps:

(i) Appliance lamps;

(ii) Black light lamps;

(iii) Bug lamps;

(iv) Colored lamps;

(v) G shape lamps (as defined in ANSI C78.20 and C79.1-2002) with a
diameter of five inches or more;

(vi) Infrared lamps;

(vii) Left-hand thread lamps;

(viii) Marine lamps;

(ix) Marine signal service lamps;

(x) Mine service lamps;

(xi) Plant light lamps;

(xii) Reflector lamps;

(xiii) Sign service lamps;

(xiv) Silver bowl lamps;

(xv) Showcase lamps;

(xvi) Rough service lamps;

(xvii) Shatter-resistant lamps (including shatter-proof lamps and
shatter-protected lamps);

(xviii) 3-way incandescent lamps;

(xix) Vibration service lamps;

(xx) AB, BA, CA, F, G16-1/2, G-25, G30, S, or M-14 lamps (as defined
in ANSI C79.1-2002 and ANSI C78.20) of forty watts or less;

(xxi) T shape lamps (as defined in ANSI C78.20 and ANSI C79.1-2002)
and that uses not more than forty watts or has a length of more than ten
inches; and

(xxii) Traffic signal lamps.

(c) "General service lamp" means a lamp that has an ANSI base, is able
to operate at a voltage of twelve volts or twenty-four volts, at or
between one hundred to one hundred thirty volts, at or between two
hundred twenty to two hundred forty volts, or of two hundred
seventy-seven volts for integrated lamps, or is able to operate at any
voltage for non-integrated lamps, has an initial lumen output of greater
than or equal to three hundred ten lumens (or two hundred thirty-two
lumens for modified spectrum general service incandescent lamps) and
less than or equal to three thousand three hundred lumens, is not a
light fixture, is not an LED downlight retrofit kit, and is used in
general lighting applications. General service lamps shall include, but
not be limited to, general service incandescent lamps, incandescent
reflector lamps, compact fluorescent lamps, general service light
emitting diode lamps, and general service organic light emitting diode
lamps. General service lamps shall not include:

(i) Appliance lamps;

(ii) Black light lamps;

(iii) Bug lamps;

(iv) Colored lamps;

(v) G shape lamps with a diameter of five inches or more as defined in
ANSI C79.1-2002;

(vi) General service fluorescent lamps;

(vii) High intensity discharge lamps;

(viii) Infrared lamps;

(ix) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT shape lamps that do not
have Edison screw bases;

(x) Lamps that have a wedge base or prefocus base;

(xi) Left-hand thread lamps;

(xii) Marine lamps;

(xiii) Marine signal service lamps;

(xiv) Mine service lamps;

(xv) MR shape lamps that have a first number symbol equal to sixteen
(diameter equal to two inches) as defined in ANSI C79.1-2002, operate at
twelve volts and have a lumen output greater than or equal to 800;

(xvi) Other fluorescent lamps;

(xvii) Plant light lamps;

(xviii) R20 short lamps;

(xix) Reflector lamps that have a first number symbol less than
sixteen (diameter less than two inches) as defined in ANSI C79.1-2002
and that do not have E26/E24, E26d, E26/50x39, E26/53x39, E29/28,
E29/53x39, E39, E39d, EP39, or EX39 bases;

(xx) S shape or G shape lamps that have a first number symbol less
than or equal to 12.5 (diameter less than or equal to 1.5625 inches) as
defined in ANSI C79.1-2002;

(xxi) Sign service lamps;

(xxii) Silver bowl lamps;

(xxiii) Showcase lamps;

(xxiv) Specialty MR lamps;

(xxv) T shape lamps that have a first number symbol less than or equal
to 8 (diameter less than or equal to one inch) as defined in ANSI
C79.1-2002, nominal overall length less than twelve inches, and that are
not compact fluorescent lamps; and

(xxvi) Traffic signal lamps.

(d) "General service light-emitting diode (LED) lamp" means an
integrated or non-integrated LED lamp designed for use in general
lighting applications and that uses light-emitting diodes as the primary
source of light.

(e) "General service organic light-emitting diode (OLED) lamp" means a
thin-film light-emitting device that typically consists of a series of
organic layers between two electrical contacts (electrodes).

(f) "Incandescent reflector lamp" or "reflector lamp" means any lamp
in which light is produced by a filament heated to incandescence by an
electric current, which: contains an inner reflective coating on the
outer bulb to direct the light; is not colored; is not designed for
rough or vibration service applications; is not an R20 short lamp; has
an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw
base; has a rated voltage or voltage range that lies at least partially
in the range of one hundred fifteen and one hundred thirty volts; has a
diameter that exceeds 2.25 inches; and has a rated wattage that is forty
watts or higher.

45. "Federally exempt fluorescent lamp" means any linear lamps
excluded from the definition of general service fluorescent lamps in 10
CFR 430.32(n). Federally exempt fluorescent lamps include high-CRI
linear fluorescent lamps, impact-resistant linear fluorescent lamps,
cold-temperature linear fluorescent lamps, and less than four-foot
linear fluorescent lamps.

46. The following definitions refer to portable air conditioners:

(a) "Portable air conditioner" means a portable encased assembly,
other than a packaged terminal air conditioner, room air conditioner, or
dehumidifier, that delivers cooled, conditioned air to an enclosed
space, and is powered by single-phase electric current. Such portable
air conditioner includes a source of refrigeration and may include
additional means for air circulation and heating and may be a
single-duct or a dual-duct portable air conditioner.

(b) "Single-duct portable air conditioner" means a portable air
conditioner that draws all of the condenser inlet air from the
conditioned space without the means of a duct and discharges the
condenser outlet air outside the conditioned space through a single-duct
attached to an adjustable window bracket.

(c) "Dual-duct portable air conditioner" means a portable air
conditioner that draws some or all of the condenser inlet air from
outside the conditioned space through a duct attached to an adjustable
window bracket, may draw additional condenser inlet air from the
conditioned space, and discharges the condenser outlet air outside the
conditioned space by means of a separate duct attached to an adjustable
window bracket.

46-a. "Residential ventilating fan" means a fan with the purpose to
actively supply air to or remove air from the inside of a residence.
This includes ceiling and wall-mounted fans or remotely mounted in-line
fans designed to be used in a bathroom or utility room, supply fans
designed to provide air to indoor space and kitchen range hoods. Supply
fans may also be designed to filter incoming air.

47. "Telephone" means an electronic product whose primary purpose is
to transmit and receive sound over a distance using a voice or data
network.

48. The following definitions refer to faucets and showerheads:

(a) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet,
public lavatory faucet, or replacement aerator for a lavatory, public
lavatory or kitchen faucet.

(b) "Public lavatory faucet" means a fitting intended to be installed
in nonresidential bathrooms that are exposed to walk-in traffic.

(c) "Metering faucet" means a faucet that, when turned on, will
gradually shut itself off over a period of several seconds.

(d) "Replacement aerator" means an aerator sold as a replacement,
separate from the faucet to which it is intended to be attached.

(e) "Showerhead" means a device through which water is discharged for
a shower bath and includes a hand-held showerhead but does not include a
safety shower showerhead.

(f) "Hand-held showerhead" means a showerhead that can be held or
fixed in place for the purpose of spraying water onto a bather and that
is connected to a flexible hose.

49. The following definitions refer to urinals and water closets:

(a) "Plumbing fixture" means an exchangeable device, which connects to
a plumbing system to deliver and drain away water and waste.

(b) "Urinal" means a plumbing fixture that receives only liquid body
waste and, conveys the waste through a trap into a drainage system.

(c) "Water closet" means a plumbing fixture having a water-containing
receptor that receives liquid and solid body waste through an exposed
integral trap into a drainage system.

(d) "Dual-flush effective flush volume" means the average flush volume
of two reduced flushes and one full flush.

(e) "Dual-flush water closet" means a water closet incorporating a
feature that allows the user to flush the water closet with either a
reduced or a full volume of water.

(f) "Trough-type urinal" means a urinal designed for simultaneous use
by two or more persons.

50. The following definitions refer to spray sprinkler bodies:

(a) "Pressure regulator" means a device that maintains constant
operating pressure immediately downstream from the device, given higher
pressure upstream.

(b) "Spray sprinkler body" means the exterior case or shell of a
sprinkler incorporating a means of connection to the piping system
designed to convey water to a nozzle or orifice.

51. "Uninterruptable power supply" means a battery charger consisting
of a combination of convertors, switches and energy storage devices
(such as batteries), constituting a power system for maintaining
continuity of load power in case of input power failure.

52. "Commercial battery charger system (BCS)" or "state-regulated BCS"
means a battery charger coupled with its batteries or battery chargers
coupled with their batteries, which together are referred to as
state-regulated battery charger systems. This term covers all
rechargeable batteries or devices incorporating a rechargeable battery
and the chargers used with them. Battery charger systems include, but
are not limited to:

(a) electronic devices with a battery that are normally charged from
AC line voltage or DC input voltage through an internal or external
power supply and a dedicated battery charger;

(b) the battery and battery charger components of devices that are
designed to run on battery power during part or all of their operations;

(c) dedicated battery systems primarily designed for electrical or
emergency backup; and

(d) devices whose primary function is to charge batteries, along with
the batteries they are designed to charge. These units include chargers
for power tool batteries and chargers for automotive, AA, AAA, C, D, or
9V rechargeable batteries, as well as chargers for batteries used in
larger industrial motive equipment and a la carte chargers.

The charging circuitry of battery charger systems may or may not be
located within the housing of the end-use device itself. In many cases,
the battery may be charged with a dedicated external charger and power
supply combination that is separate from the device that runs on power
from the battery. State-regulated battery charger systems do not include
federally regulated battery chargers that are covered under standards in
10 C.F.R. section 430.32(z).

53. "Gas fireplace" means a decorative gas fireplace or a heating gas
fireplace.

(a) "Decorative gas fireplace" means a vented fireplace, including
appliances that are freestanding, recessed, zero clearance, or a gas
fireplace insert, that is fueled by natural gas or propane, is marked
for decorative use only, and is not equipped with a thermostat or
intended for use as a heater.

(b) "Heating gas fireplace" means a vented fireplace, including
appliances that are freestanding, recessed, zero clearance, or a gas
fireplace insert, that is fueled by natural gas or propane and is not a
decorative fireplace.

54. "Manufactured home" has the meaning ascribed to that term by
subdivision seven of section six hundred one of the executive law.

55. "Recreational vehicle" means a van or utility vehicle used for
recreational purposes.

56. "Uniform code" means the New York state uniform fire prevention
and building code adopted pursuant to article eighteen of the executive
law.

57. "Energy code" means the New York state energy conservation
construction code adopted pursuant to article eleven of this chapter.

58. "Electric vehicle supply equipment (EVSE)" means equipment that
supplies electricity in an appropriate form to storage devices,
including batteries and super capacitors, that are part of electric
vehicles. Such term shall include equipment that performs this function
and equipment that is embedded in electric vehicles.

59. "Electric vehicle" means an on-road vehicle that draws electricity
for propulsion from a traction battery with a least five kilowatt-hours
(kWh) of capacity, and uses an external source of energy to recharge the
battery. Such term shall include a plug-in hybrid electric vehicle
(PHEV) with a second source of energy for propulsion, and a battery
electric vehicle (BEV), which is powered solely by externally supplied
electricity stored on-board such electric vehicle.

60. "Commercial clothes dryer" means a clothes dryer designed to dry
fabrics in a tumble-type drum with forced air circulation and is
designed for use in:

(a) Applications in which the occupants of more than one household
will be using the clothes dryer, including multi-family housing common
areas and coin laundries; or

(b) Other commercial applications.

61. "Commercial and industrial fans and blowers" means a rotary-bladed
machine used to convert power to air power, with a brake horsepower
greater than or equal to either one kilowatt or one horsepower, and an
air horsepower less than or equal to one hundred fifty, and used for
commercial and industrial purposes.

62. "Imaging equipment" means copiers, printers, scanners, fax
machines, and multifunction devices used both in homes and businesses.

63. "Landscape irrigation controller" means a device intended to
remotely control valves to operate an irrigation system for landscapes,
which may consist of grass, shrubs, trees and/or other vegetation. This
term shall not include devices that are typically sold separately and
used primarily for other purposes, such as a network router, and may be
used incidentally for a landscape irrigation controller. This term shall
not include battery powered hose-end timers or devices used primarily in
agricultural applications.

64. "Outdoor lighting" means electrical lighting used to illuminate
outdoor areas, including parking lots, streetlights, highways and area
luminaires.

65. "Plug-in luminous signs" means a self-contained, luminous sign
unit that plugs into 120V AC building mains power and is intended for
indoor use only. Signs may be intended for use in commercial outlets in
business establishments or in residences.

66. "Small network equipment" means a device whose primary function is
to pass internet protocol (IP) traffic among various network interfaces
or ports intended for use in residential and small business settings.

67. "Tub spout diverters" means the following definitions:

(a) A bath and shower diverter whose diverter mechanism is located in
the tub spout; and/or

(b) Bath and shower diverter means a device used to direct the flow of
water either toward a tub spout or toward a secondary outlet intended
for showering purposes, including a showerhead or body spray.