Section 2445.1 - Defects Warranty Requirements for Model Year 2001 and Later Spark-Ignition Marine Engines(a) Applicability. This section applies to model year 2001 and later spark-ignition personal watercraft and outboard marine engines, and to model year 2003 and later spark-ignition sterndrive/inboard marine engines. The warranty period begins on the date the engine or equipment is delivered to an ultimate purchaser or first placed into service (e.g., a demonstration engine or watercraft).(b) General Emissions Warranty Coverage. The manufacturer of each spark-ignition marine engine must warrant to the ultimate purchaser and each subsequent purchaser that the engine is:(1) Designed, built and equipped so as to conform with all applicable regulations adopted by the Air Resources Board pursuant to its authority in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code; and(2) Free from defects in materials and workmanship that cause the failure of a warranted part to be identical in all material respects to that part as described in the engine manufacturer's application for certification.(c) Warranty Period. In the case of all new, spark-ignition marine engines, the warranty period will be: (1) For model year 2001 and later spark-ignition personal watercraft and outboard marine engines, a period of 4 years or 250 hours of use, whichever first occurs.(2) For model year 2003-2005 spark-ignition sterndrive/inboard marine engines, a period of 2 years.(3) For model year 2006 and later spark-ignition sterndrive/inboard marine engines: (A) Manufacturers certifying engines according to Option 1 in Section 2442(b)(1) for model years 2006-2008, a period of 2 years.(B) Manufacturers certifying engines according to Option 2 in Section 2442(b)(1): 1. For model years 2006-2007, a period of 2 years.2. For model year 2008, a period of 3 years or 480 hours, whichever first occurs.(C) Model Year 2009 and Later: 1. Engines 373 kilowatts or less, a period of 3 years or 480 hours, whichever first occurs.2. Engines greater than 373 kilowatts, but less than or equal to 485 kilowatts:a. A period of 3 years or 480 hours, whichever first occurs, for electronic emission-related components including, but not limited to, sensors (e.g., oxygen sensors, mass air flow sensors, crankshaft position sensors, etc.), solenoids (e.g., fuel injectors, idle control valves, pressure regulators, etc.), ignition components, powertrain control modules, and for the following: catalysts, carburetors, fuel pumps, evaporative components (including low-permeation hoses), exhaust gas recirculation, and other direct emissions devices,b. A period of 3 years or 150 hours, whichever first occurs, for mechanical emission-related components, including but not limited to, the engine block, crankshaft, camshaft, connecting rods, valves, manifolds, rotating parts, pistons, and turbo/superchargers.3. Engines greater than 485 kilowatts:a. A period of 3 years or 480 hours, whichever first occurs, for electronic emission-related components including, but not limited to, sensors (e.g., oxygen sensors, mass air flow sensors, crankshaft position sensors, etc.), solenoids (e.g., fuel injectors, idle control valves, pressure regulators, etc.), ignition components, powertrain control modules, and for the following: catalysts, carburetors, fuel pumps, evaporative components (including low-permeation hoses), exhaust gas recirculation, and other direct emissions devices,b. A period of 1 year or 50 hours, whichever first occurs, for mechanical emission-related components, including but not limited to, the engine block, crankshaft, camshaft, connecting rods, valves, manifolds, rotating parts, pistons, and turbo/superchargers.4. Notwithstanding (c)(3)(C)2. and (c)(3)(C)3. above, an engine manufacturer may request an alternate hourly warranty period for specific components in an engine family with rated power greater than 373 kW provided the following: a. Under no circumstances may the manufacturer request an alternate interval that is less than 50 hours of operation, and the alternate interval must be at least as long as the engine manufacturer's recommended overhaul interval.b. The manufacturer must submit actual durability test data if engines identical to those in the engine family for which the manufacturer is requesting an alternate warranty period have already been produced and are in use. Otherwise, the manufacturer must submit equivalent data from research engines or similar engine models that are already in production, along with an engineering evaluation relating the results of those data to the engine components for which an alternate interval is being requested.c. The manufacturer may submit other information if the manufacturer believes it beneficial for demonstrating the appropriateness of the requested alternate interval.d. The Executive Officer shall review the data provided, as well as any other information known to the executive officer, in determining whether or not the requested hourly interval is representative of the expected useful life of the affected components or of the engine itself. If this determination is affirmed, the Executive Officer shall approve the manufacturer's request for an alternate warranty period.(d) Subject to the conditions and exclusions of Subsection (g), the warranty on emission-related parts is as follows: (1) Any warranted part that is not scheduled for replacement as required maintenance in the written instructions required by Subsection (f) must be warranted for the warranty period defined in Subsection (c). If the part fails during the period of warranty coverage, the part must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under warranty must be warranted for the remainder of the period.(2) Any warranted part that is scheduled only for regular inspection in the written instructions required by Subsection (f) must be warranted for the warranty period defined in Subsection (c). A statement in such written instructions to the effect of "repair and replace as necessary" will not reduce the period of warranty coverage. Any such part repaired or replaced under warranty must be warranted for the remaining warranty period.(3) Any warranted part that is scheduled for replacement as required maintenance in the written instructions required by Subsection (f) must be warranted for the period of time before the first scheduled replacement date for that part. If the part fails before the first scheduled replacement, the part must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under warranty must be warranted for the remainder of the period prior to the first scheduled replacement point for the part.(4) Repair or replacement of any warranted part under the warranty provisions of this article must be performed at a warranty station at no charge to the owner.(5) Notwithstanding the provisions of Subsection (4), warranty services or repairs must be provided at all engine manufacturer distribution centers that are franchised to service the subject engines.(6) The engine owner must not be charged for diagnostic labor that is directly associated with diagnosis of a defective, emission-related warranted part, provided that such diagnostic work is performed at a warranty station.(7) The engine manufacturer is liable for damages to other engine components proximately caused by a failure under warranty of any warranted part.(8) Throughout the engine's warranty period defined in Subsection (c), the engine manufacturer must maintain a supply of warranted parts sufficient to meet the expected demand for such parts.(9) Any replacement part may be used in the performance of any warranty maintenance or repairs and must be provided without charge to the owner. Such use will not reduce the warranty obligations of the engine manufacturer.(10) Add-on or modified parts, as defined in Section 1900(b)(1) and (b)(10), Title 13, that are not exempted by the Air Resources Board may not be used. The use of any non-exempted add-on or modified parts by the ultimate purchaser will be grounds for disallowing a warranty claim made in accordance with this article. The engine manufacturer will not be liable under this article to warrant failures of warranted parts caused by the use of a non-exempted add-on or modified part.(11) The Executive Officer may request and, in such case, the engine manufacturer must provide, any documents that describe that engine manufacturer's warranty procedures or policies.(e) Each engine manufacturer must provide a copy of the following emission warranty parts list with each new engine, using those portions of the list applicable to the engine. (1) Fuel Metering System (A) Carburetor and internal parts (and/or pressure regulator or fuel injection system)(B) Air/fuel ratio feedback and control system(C) Cold start enrichment system(2) Air Induction System(A) Controlled hot air intake system(E) Heat riser valve and assembly(3) Ignition System (B) Magneto or electronic ignition system(C) Spark advance/retard system(D) Ignition coil and/or control module(4) Lubrication System(A) Oil pump and internal parts(5) Positive Crankcase Ventilation (PCV) System(6) Exhaust Gas Recirculation (EGR) System (A) EGR valve body, and carburetor spacer if applicable(B) EGR rate feedback and control system(7) Air Injection System(A) Air pump or pulse valve(B) Valves affecting distribution of flow(C) Distribution manifold(9) Catalyst or Thermal Reactor System (11) Miscellaneous Items Used in Above Systems(A) Hoses, clamps, fittings, tubing, sealing gaskets or devices, and mounting hardware(B) Pulleys, belts and idlers(C) Vacuum, temperature, check, and time sensitive valves and switches(f) Each engine manufacturer must provide with each new engine written instructions for the maintenance and use of the engine by the owner. The instructions must be consistent with this Article. A copy of the instructions for each engine family must be provided to the Executive Officer upon commencement of its production.(g) Exclusions. (1) The repair or replacement of any warranted part otherwise eligible for warranty coverage under Subsection (d) may be excluded from such warranty coverage if the engine manufacturer demonstrates that the engine has been abused, neglected, or improperly maintained, and that such abuse, neglect, or improper maintenance was the direct cause of the need for the repair or replacement of the part.(2) Engine manufacturers must warrant engines for the yearly warranty period specified in paragraph (c). For Outboard and Personal Watercraft engines, and for sterndrive/inboard engines greater than 485 kilowatts, manufacturers may warrant engines for the hour warranty period if the engines:(A) are equipped with hour meters; (an ECM-integrated hour meter for sterndrive/inboard engines)(B) are equipped with devices similar to hour meters that are approved by the Executive Officer; or(C) are or will be accompanied by other evidence or methods that the Executive Officer determines reliable for determining engine usage in hours.(3) Except as provided in Subsection (1) above, any adjustment of a component that has a factory installed, and properly operating, adjustment limiting device (such as an idle limiter cap or plug) is eligible for warranty coverage under Subsection (d).Cal. Code Regs. Tit. 13, § 2445.1
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment of subsection (d)(10) filed 8-29-2000; operative 9-28-2000 (Register 2000, No. 35).
3. Amendment of subsections (a) and (c), new subsections (c)(1)-(3) and amendment of subsection (g)(2) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
4. Amendment of subsections (c)(2)-(3), new subsections (c)(3)(A)-(c)(3)(C)4.d. and amendment of subsections (g)(2) and (g)(2)(A) filed 11-13-2006; operative 12-13-2006 (Register 2006, No. 46).
5. Amendment of subsections (a) and (c)(1)-(3), new subsections (e)(10)-(e)(10)(C), subsection renumbering and amendment of subsections (g)(2) and (g)(2)(A) filed 7-17-2009; operative 8-16-2009 (Register 2009, No. 29). Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150- 43154, 43205.5 and 43210- 43212, Health and Safety Code.
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment of subsection (d)(10) filed 8-29-2000; operative 9-28-2000 (Register 2000, No. 35).
3. Amendment of subsections (a) and (c), new subsections (c)(1)-(3) and amendment of subsection (g)(2) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
4. Amendment of subsections (c)(2)-(3), new subsections (c)(3)(A)- (c)(3)(C)4.d. and amendment of subsections (g)(2) and (g)(2)(A) filed 11-13-2006; operative 12-13-2006 (Register 2006, No. 46).
5. Amendment of subsections (a) and (c)(1)-(3), new subsections (e)(10)-(e)(10)(C), subsection renumbering and amendment of subsections (g)(2) and (g)(2)(A) filed 7-17-2009; operative 8-16-2009 (Register 2009, No. 29).