A.R.S. tit. 40 ch. 7 — Arizona Revised Statutes Title 40 Chapter 7 — Gas Appliances

40-1201. Definitions In this chapter, unless the context otherwise requires: 1. "Commission" means the Arizona corporation commission. 2. "Contractor" means any person who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, parking facility, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The term "contractor" includes subcontractor and specialty contractor. 3. "Distributor" means any individual, partnership, corporation, association or other legal relationship which stands between the manufacturer and the retail seller in purchases, consignments or contracts for sale of consumer goods. 4. "Gas appliance" means any new residential-type furnace, air conditioner, heater, refrigerator, stove, range, dishwasher, dryer, decorative fireplace log or other similar device, except a water heater, which uses a gaseous fuel for operation and is automatically ignited. 5. "Intermittent ignition device" means an ignition device which is actuated only when the gas appliance is in operation. 6. "Manufacturer" means any individual, partnership, corporation, association or other legal relationship which manufactures, assembles, produces or gathers consumer goods. 7. "Person" means any individual, partnership, corporation, association, manufacturer, distributor, retailer, contractor, builder, or other group, however organized, who sells or causes to be distributed or installed, any new gas appliance. 8. "Pilot light" means any gas operated device that remains continually operated or lighted in order to ignite a gas appliance to begin normal operation. 9. "Retail seller", "retail outlets", "seller", or "retailer" means any individual, partnership, corporation, association, or other legal relationship which engages in the business of selling new goods to retail buyers. 40-1202. Power of commission to prohibit sale or installation of gas appliances equipped with pilot lights; exemption A. No new residential-type gas appliance that is equipped with a pilot light shall be sold or installed in the state after an alternate means has been certified by the commission. This prohibition shall become operative twenty-four months after intermittent ignition devices have been demonstrated and certified by the commission as an alternate means. The commission may determine, after demonstration, that there is no feasible alternate means to the use of a pilot light or that the use of a pilot light is necessary for public health and safety. B. The provisions of this article shall not apply to consumers of propane, butane or other similar bottled gas, nor shall they apply to persons without the boundaries of any electric utility corporation service area. 40-1203. Establishment of specifications for certification of intermittent ignition devices The commission shall, on or before January 1, 1978, 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 specifications 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. 40-1204. Duty of commission to notify affected manufacturers The commission shall notify all gas appliance manufacturers doing business in the state within ninety days after one or more intermittent ignition devices have been certified by the commission, as to the prohibition of affected pilot lights and shall inform the manufacturers of the devices available to comply with this article. 40-1205. Creation and distribution of seal of certification; prohibition on sale, distribution, or installation without seal A. 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. B. No person shall cause to be distributed, sold or installed in this state twenty-four months after an intermittent ignition device has been certified by the commission, any new gas appliances without obtaining the proper seal of certification from the commission, unless the commission otherwise permits such action. 40-1206. Injunction; parties A. 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. B. Actions for injunction under this section may be prosecuted by the attorney general or any county attorney or city attorney in this state in the name of the people of the state 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. 40-1207. Failure to comply with chapter; penalty A. Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed three hundred dollars for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the state by the attorney general or by any county attorney, or city attorney in any court of competent jurisdiction. B. If civil action is brought by any unit of government and the defendant is proven innocent, the defendant shall be given the right to reclaim all court costs and attorney fees from the complaining unit of government. C. Civil penalties recovered pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, and used for reimbursement for reasonable expenses incurred by the commission in the investigation and prosecution of the action.