SECTIONS 25960-25968 - California Statutes

PUBLIC RESOURCES CODE

SECTION 25960-25968

25960. No new residential-type gas appliance that is equipped with
a pilot light shall be sold in the state after an alternate means has
been certified by the commission. This prohibition shall become
operative 24 months after an intermittent ignition device has been
demonstrated and certified by the commission as an alternate means.
The commission may determine, after demonstration, that there is no
feasible alternative means to the use of pilot light or that the use
of a pilot light is necessary for public health and safety.

25960.5. Notwithstanding the prohibition contained in Section
25960, any swimming pool heater with a pilot light which was
manufactured prior to February 24, 1984, and in stock or on order as
of that date, may be sold in this state prior to December 1, 1984. On
or after December 1, 1984, no swimming pool heater may be sold or
offered for sale, unless it is equipped with an intermittent ignition
device or is designed to burn only liquefied petroleum gases.

25961. The commission shall, on or before January 1, 1976, develop
in cooperation with affected industry and consumer representatives,
who will be designated as such representatives by the commission, the
specifications for certification of intermittent ignition devices
which shall not significantly affect the price of gas appliances in
competition with similar electrical appliances. The specification
shall be developed so as to result in the conservation of primary
energy resources, shall include provisions necessary for public
health and safety, and shall give due consideration to the initial
costs, including installation and maintenance costs imposed upon the
consumer.

25962. Within 90 days after an intermittent ignition device has
been certified by the commission, the commission shall notify all gas
appliance manufacturers doing business in the state, as to the
prohibition of affected pilot lights and shall inform the
manufacturers of the devices available to comply with this article.

25963. The commission shall create a seal of certification and
shall distribute the seal to every manufacturer that complies with
this article. The seal shall be affixed to every new appliance sold
in the state.

25964. After 24 months after an intermittent ignition device has
been certified by the commission, no person shall sell or offer for
sale in this state any new gas appliances, as defined in Section
25950, without obtaining the proper seal of certification from the
commission, unless the commission otherwise permits such action.
Beginning 24 months after an intermittent ignition device has been
certified by the commission, no city or county, city and county, or
state agency shall issue a permit for any building to be equipped
with any new gas appliance, as defined in Section 25950, unless such
building permit shows that the gas appliance complies with this
chapter. However, any new gas appliance which does not comply with
this chapter may be installed if the appliance was purchased pursuant
to a contract executed prior to June 17, 1978, and if the building
permit was approved prior to July 8, 1978.

25965. After 24 months after an intermittent ignition device has
been certified by the commission, the commission shall make periodic
inspections of manufacturers and distributors of gas appliances and
may inspect retail outlets, including gas appliances that have been
or are to be installed by contractors or builders at building sites
in order to determine their compliance with this article.

25966. Any person who violates or proposes to violate this chapter
may be enjoined by any court of competent jurisdiction. The court may
make such orders or judgments, including the appointment of a
receiver, as may be necessary to prevent the use or employment by any
person of any practices which violate this chapter, or which may be
necessary to restore to any person in interest any money or property,
real or personal, which may have been acquired by means of any
practice which violates any provision of this chapter.
Actions for injunction under this section may be prosecuted by the
Attorney General or any district attorney, county counsel, city
attorney, or city prosecutor in this state in the name of the people
of the State of California upon their own complaint or upon the
complaint of any board, officer, person, corporation or association
or by any person acting for the interests of itself, its members or
the general public.

25967. (a) Any person who violates any provision of this chapter
shall be liable for a civil penalty not to exceed two thousand five
hundred dollars ($2,500) for each violation, which shall be assessed
and recovered in a civil action brought in the name of the people of
the State of California by the Attorney General or by any district
attorney, county counsel, or city attorney in any court of competent
jurisdiction.
(b) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the State Treasurer.
If brought by a district attorney or county counsel, the entire
amount of penalty collected shall be paid to the treasurer of the
county in which the judgment was entered. If brought by a city
attorney or city prosecutor, one-half of the penalty shall be paid to
the treasurer of the county and one-half to the city.
(c) If the action is brought at the request of the commission, the
court shall determine the reasonable expenses incurred by the
commission in the investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision
(b), the amount of such reasonable expenses incurred by the
commission shall be paid to the State Treasurer.

25968. Any inspector appointed or authorized by the commission
shall have access to the premises, equipment, materials, partly
finished and finished articles, and records of any person subject to
the provisions of this chapter.