NY Gen Bus L § 777 (2021)
2021 New York Laws GBS - General Business Article 36-B - Warranties on Sales of New Homes 777 - Definitions.

§ 777. Definitions. As used in this article, the following terms shall   have the following meanings:1.  "Builder"  means  any  person,  corporation,  partnership or other   entity contracting with an owner for the construction or sale of  a  new   home.2. "Building code" means the uniform fire prevention and building code   promulgated  under  section three hundred seventy-seven of the executive   law,  local  building  code  standards  approved  by  the  uniform  fire   prevention  and  building  code  council  under  section  three  hundred   seventy-nine of the executive law, and the building code of the city  of   New York, as defined in title twenty-seven of the administrative code of   the city of New York.3.  "Constructed  in  a  skillful  manner"  means that workmanship and   materials meet or  exceed  the  specific  standards  of  the  applicable   building  code.  When  the  applicable  building code does not provide a   relevant  specific  standard,  such  term  means  that  workmanship  and   materials  meet  or  exceed  the  standards of locally accepted building   practices.4. "Material defect" means actual physical  damage  to  the  following   load-bearing portions of the home caused by failure of such load-bearing   portions  which  affects their load-bearing functions to the extent that   the home becomes unsafe, unsanitary or otherwise unliveable:  foundation   systems  and  footings,  beams,  girders,  lintels,  columns,  walls and   partitions, floor systems, and roof framing systems.5. "New home" or "home" means any single family house or for-sale unit   in a multi-unit residential structure of five stories or less  in  which   title  to  the  individual  units  is  transferred  to  owners  under  a   condominium or cooperative regime. Such terms do not  include  dwellings   constructed  solely  for lease, mobile homes as defined in section seven   hundred twenty-one of this chapter, or any house or unit  in  which  the   builder  has  resided  or  leased  continuously  for three years or more   following the date of completion of  construction,  as  evidenced  by  a   certificate of occupancy.6. "Owner" means the first person to whom the home is sold and, during   the unexpired portion of the warranty period, each successor in title to   the  home  and  any  mortgagee in possession. Owner does not include the   builder of the home or any firm under common control of the builder.7. "Plumbing, electrical, heating, cooling  and  ventilation  systems"   shall mean:a.  in  the  case  of plumbing systems: gas supply lines and fittings;   water supply, waste and vent pipes and their fittings; septic tanks  and   their  drain  fields;  water,  gas  and  sewer service piping, and their   extensions to the tie-in of a public utility connection, or on-site well   and sewage disposal system;b. in the case of electrical systems: all  wiring,  electrical  boxes,   switches,  outlets  and connections up to the public utility connection;   andc. in the case of heating, cooling and ventilation systems:  all  duct   work,   steam,  water  and  refrigerant  lines,  registers,  convectors,   radiation elements and dampers.8. "Warranty date" means the date of the passing of title to the first   owner for occupancy by such owner or such owner's family as a residence,   or the date of first occupancy of the home  as  a  residence,  whichever   first occurs.