Chapter
288
2006 -- H 7610 SUBSTITUTE A AS AMENDED
Enacted 07/03/06
A N A C T
RELATING
TO PUBLIC UTILITIES AND CARRIERS -- ENERGY AND CONSUMER SAVINGS ACT OF 2006
Introduced
By: Representatives Handy, Ginaitt, Long, Lewiss, and Fox
Date
Introduced: February 16, 2006
It is enacted by the General Assembly as
follows:
SECTION 1.
Sections 39-27-3, 39-27-4, 39-27-5, 39-27-6 and 39-27-8 of the General
Laws in Chapter 39-27 entitled "The Energy
and Consumer Savings Act of 2005" are hereby
amended to read as follows:
39-27-3.
Definitions. -- As used in this chapter:
(a)
"Automatic commercial ice-maker" means a factory-made assembly that
is shipped in
one or more packages that consists of a
condensing unit and ice-making section operating as an
integrated unit, that makes and harvests ice
cubes, and that may store and dispense ice. This term
includes machines with capacities between and
including fifty (50) and two thousand five
hundred (2,500) pounds per twenty-four (24)
hours.
(b)
"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.
(c)
"Boiler" means a self-contained low-pressure appliance for supplying
steam or hot
water primarily designed for space heating.
(d)
"Bottle-type water dispenser" means a water dispenser that uses a
bottle or reservoir
as the source of potable water.
(c) (e)
"Chief of Energy and Community Services" means the head official of
the Rhode
Island State Energy Office.
(d) (f)
"Commercial clothes washer" means a soft mount horizontal or
vertical-axis
clothes washer that:
(1) Has a clothes
container compartment no greater than three and a half (3.5) cubic feet
in the case of a horizontal-axis product or no
greater than four (4.0) cubic feet in the case of a
vertical-axis product; and
(2) Is designed
for use by more than one household, such as in multi-family housing,
apartments or coin laundries.
(g)
"Commercial hot food holding cabinet" means an appliance that is a
heated, fully-
enclosed compartment with one or more solid
doors, and 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 merchandizing cabinets, drawer warmers, or cook-
and-hold appliances.
(e) (h)
"Commercial pre-rinse spray valve" means a hand-held device designed
and
marketed for use with commercial dishwashing and
ware washing equipment and which sprays
water on dishes, flatware, and other food
service items for the purpose of removing food residue
prior to their cleaning.
(f) (i)
"Commercial refrigerator, freezer and refrigerator-freezer" means
self-contained
refrigeration equipment that:
(1) Is not a
consumer product as regulated pursuant to 42 U.S. Code section 6291 and
subsequent sections;
(2) Operates at a
chilled, frozen, combination chilled/frozen, or variable temperature for
the purpose of storing and/or merchandising
food, beverages and/or ice;
(3) May have
transparent and/or solid hinged doors, sliding doors, or a combination of
hinged and sliding doors; and
(4) Incorporates
most components involved in the vapor compression cycle and the
refrigerated compartment in a single cabinet.
This term does
not include:
(1) Units with
eighty-five (85) cubic feet or more of internal volume;
(2) Walk-in
refrigerators or freezers;
(3) Units with no
doors; or
(4) Freezers
specifically designed for ice cream.
(g) (j)
"Commission" means the Rhode Island Public Utilities Commission.
(h) (k)
"Compensation" means money or any other valuable thing, regardless of
form,
received or to be received by a person for
services rendered.
(l)
"Electricity ratio" is the ratio of furnace electricity use to total
furnace energy use.
Electricity ratio = (3.412*EAE/(1000*Ef
+3.412*EAE)) where EAE (average annual auxiliary
electrical consumption) and EF (average annual
fuel energy consumption) are defined in
Appendix N to subpart B of part 430 of title 10
of the Code of Federal Regulations.
(i) (m)
"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 (3)
watts per square centimeter.
(j) (n)
"Illuminated exit sign" means an internally-illuminated sign that is
designed to be
permanently fixed in place to identify a
building exit and consists of an electrically powered
integral light source that illuminates the
legend "EXIT" and any directional indicators and
provides contrast between the legend, any
directional indicators and the background.
(k) (o)
"Large packaged air-conditioning equipment" means
electronically-operated, air-
cooled air-conditioning and air-conditioning
heat pump equipment having cooling capacity
greater than or equal to two hundred forty
thousand (240,000) Btu/hour but less than seven
hundred sixty thousand (760,000) Btu/hour that
is built as a package and shipped as a whole to
end-user sites.
(l) (p)
"Low voltage dry-type distribution transformer" means a transformer
that:
(1) Has an input
voltage of six hundred (600) volts or less;
(2) Is
air-cooled;
(3) Does not use
oil as a coolant; and
(4) Is rated for
operation at a frequency of sixty (60) Hertz.
(m) (q)
"Mercury vapor lamp" means a high-intensity discharge lamp in which
the major
portion of the light is produced by radiation
from mercury operating at a partial pressure in excess
of one hundred thousand (100,000) PA
(approximately 1 atm). Includes clear, phosphor-coated
and self-ballasted lamps.
(n) (r)
"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.
(o) (s)
"Metal halide lamp fixture" means a lamp fixture designed to be
operated with a
metal halide lamp and a ballast for a metal
halide lamp.
(p) (t)
"Probe-start metal halide ballast" means a ballast used to operate
metal halide
lamps which does not contain an igniter and
which instead starts lamps by using a third staring
electrode "probe" in the arc tube.
(q) (u)
"Pulldown refrigerator" means a commercial refrigerator with doors
that, when
fully loaded with twelve (12) ounce canned
beverages at ninety (90) degrees F, can cool these
beverages to an average stable temperature of
thirty-eight (38) degrees F in twelve (12) hours or
less.
(v)
"Residential boiler" means a self-contained appliance for supplying
steam or hot
water, which uses natural gas, propane, or home
heating oil, and which has a heat input rate of
less than three hundred thousand (300,000) Btu
per hour.
(w)
"Residential furnace" means a self-contained space heater designed to
supply heated
air through ducts of more than ten (10) inches
length and which utilizes only single-phase electric
current, or single-phase electric current or DC
current in conjunction with natural gas, propane, or
home heating oil, and which:
(1) is designed
to be the principle heating source for the living space of one or more
residences;
(2) is not
contained within the same cabinet with a central air conditioner whose rated
cooling capacity is above sixty-five thousand
(65,000) Btu per hour; and
(3) has a heat
input rate of less than two hundred twenty-five thousand (225,000) Btu per
hour.
(r) (x)
"Single-voltage external AC to DC power supply" means a device that:
(1) Is designed
to convert line voltage AC input into lower voltage DC output;
(2) Is able to
convert to one DC output voltage at a time;
(3) Is sold with,
or intended to be used with, a separate end-use product that constitutes
the primary power load;
(4) Is contained
within a separate physical enclosure from the end-use product;
(5) Is connected
to the end-use product via a removable or hard-wired male/female
electrical connection, cable, cord or other wiring;
(6) Does not have
batteries or battery packs, including those that are removable, that
physically attach directly to the power supply
unit;
(7) Does not have
a battery chemistry or type selector switch and indicator light; or
(8) Has a
nameplate output power less than or equal to two hundred fifty (250) watts.
(y)
"State-regulated incandescent reflector lamp" means a lamp, not
colored or designed
for rough or vibration service applications,
with an inner reflective coating on the outer bulb to
direct the light, an E26 medium screw base, a
rated voltage or voltage range that lies at least
partially within one hundred fifteen (115) to
one hundred thirty (130) volts, and that falls into
either of the following categories: a blown PAR
(BPAR), bulged reflector (BR), or elliptical
reflector (ER) bulb shape or similar bulb shape
with a diameter equal to or greater than two and
one quarter (2.25) inches; or a reflector (R),
parabolic aluminized reflector (PARA) bulged
reflector (BR) or similar bulb shape with a
diameter of two and one quarter (2.25) to two and
three quarter (2.75) inches, inclusive.
(s) (z)
"Torchiere" means a portable electric lighting fixture with a
reflective bowl that
directs light upward onto a ceiling so as to
produce indirect illumination on the surfaces below. A
torchiere may include downward directed lamps in
addition to the upward, indirect illumination.
(t) (aa)
"Traffic signal module" means a standard eight (8) inch (two hundred
millimeter
(200 mm)) or twelve (12) inch (three hundred
millimeter (300 mm)) traffic signal indication,
consisting of a light source, a lens, and all
other parts necessary for operation.
(u) (bb)
"Transformer" means a device consisting of two or more coils of
insulated wire
and that is designed to transfer alternating
current by electromagnetic induction from one coil to
another to change the original voltage or
current value. The term "transformer does not include:
(1) Transformers
with multiple voltage taps, with the highest voltage tap equaling at
least twenty percent (20%) more than the lowest
voltage tap; or
(2) Transformers,
such as those commonly known as drive transformers, rectifier
transformers, auto-transformers, uninterruptible
power system transformers, impedance
transformers, regulating transformers, sealed
and nonventilating transformers, machine tool
transformers, welding transformers, grounding
transformers, or testing transformers, that are
designed to be used in a special purpose
application and are unlikely to be used in general
purpose applications.
(v) (cc)
"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.
(dd)
"Walk-in refrigerator" and "walk-in freezer" mean a space,
designed for the purpose
of storing and/or merchandising food, beverages
and/or ice, that is refrigerated to temperatures,
respectively, at or above and below thirty-two
(32) degrees F that can be walked into.
(ee)
"Water dispenser" means a factory-made assembly that mechanically
cools and heats
potable water and that dispenses the cooled or
heated water by integral or remote means.
39-27-4.
Scope. -- (a) The provisions of this chapter apply to the following
types of new
products sold, offered for sale or installed in
the state:
(1) Automatic
commercial ice makers;
(2) Commercial
clothes washers;
(3) Commercial
pre-rinse spray valves;
(4) Commercial
refrigerators, freezers, and refrigerator freezers;
(5)
High-intensity discharge lamp ballasts;
(6) Illuminated
exit signs;
(7) Large
packaged air-conditioning equipment;
(8) Low voltage
dry-type distribution transformers;
(9) Metal halide
lamp fixtures;
(10)
Single-voltage external AC to DC power supplies;
(11) Torchieres;
(12) Traffic
signal modules; and
(13) Unit
heaters.
(b) The provisions
of this chapter also apply to the following types of new products sold,
offered for sale or installed in the state:
(1) bottle-type
water dispensers;
(2) commercial
hot food holding cabinets;
(3) residential
boilers and residential furnaces;
(4)
state-regulated incandescent reflector lamps; and
(5) walk-in
refrigerators and walk-in freezers.
(b) (c)
The provisions of this chapter do not apply to:
(1) New products
manufactured in the state and sold outside the state;
(2) New products
manufactured outside the state and sold at wholesale inside the state
for final retail sale and installation outside
the state;
(3) Products
installed in mobile manufactured homes at the time of construction; or
(4) Products
designed expressly for installation and use in recreational vehicles.
39-27-5.
Efficiency standards. – (a) Not later than June 1, 2006, the
commission, in
consultation with the state building
commissioner and the chief of energy and community
services, shall adopt regulations, in accordance
with the provisions of chapter 35 of title 42,
establishing minimum efficiency standards for
the types of new products set forth in
subparagraph (a) of section 39-27-4. The
regulations shall provide for the following minimum
efficiency standards:
(1) Automatic
commercial ice makers shall meet the energy efficiency requirements
shown in table A-7 of section 1605.3 of the
California Code of Regulations, Title 20: Division 2,
Chapter 4, Article 4: Appliance Efficiency
Regulations as adopted on December 15, 2004.
(2) Commercial
clothes washers shall meet the requirements shown in Table P-4 of
section 1605.3 of the California Code of
Regulations, Title 20: Division 2, Chapter 4, Article 4:
Appliance Efficiency Regulations in effect on
December 15, 2004.
(3) Commercial
pre-rinse spray valves shall have a flow rate equal to or less than 1.6
gallons per minute.
(4) Commercial
refrigerators, freezers and refrigerator-freezers shall meet the minimum
efficiency requirements shown in Table A-6 of
section 1605.3 of the California Code of
Regulations, Title 20: Division 2, Chapter 4,
Article 4: Appliance Efficiency Regulations as
adopted on December 15, 2004 except that
pulldown refrigerators with transparent doors shall
meet a requirement five percent (5%) less
stringent than shown in the California regulations.
(5)
High-intensity discharge lamp ballasts shall not be designed and marketed to
operate
a mercury vapor lamp.
(6) Illuminated
exit signs shall have an input power demand of five (5) watts or less per
illuminated face.
(7) Large
packaged air-conditioning equipment shall meet a minimum energy efficiency
ratio of:
(A) 10.0 for air
conditioning without an integrated heating component or with electric
resistance heating integrated into the unit;
(B) 9.8 for air
conditioning with heating other than electric resistance integrated into the
unit;
(C) 9.5 for air
conditioning with heating other than electric resistance integrated heating
component or with electric resistance heating
integrated into the unit;
(D) 9.3 for air
conditioning heat pump equipment with heating other than electric
resistance integrated into the unit. Large
packaged air conditioning heat pumps shall meet a
minimum coefficient of performance in the
heating mode of three and two tenths (3.2) (measured
at a high temperature rating of forty-seven (47)
degrees F db).
(8) Low voltage
dry-type distribution transformers shall meet the Class 1 efficiency
levels for low voltage distribution transformers
specified in Table 4-2 of the "Guide for
Determining Energy Efficiency for Distribution
Transformers" published by the National
Electrical manufacturers Association (NEMA
Standard TP-1-2002).
(9) Metal halide
lamp fixtures that operate in a vertical position and are designed to be
operated with lamps rated greater than or equal
to one hundred fifty (150) watts but less than or
equal to five hundred (500) watts shall not
contain a probe-start metal halide lamp ballast.
(10)
Single-voltage external AC to DC power supplies shall meet the tier one energy
efficiency requirements shown in Table U-1 of
section 1605.3 of the California Code of
Regulations, Title 20: Division 2, Chapter 4,
Article 4: Appliance Efficiency Regulations as
adopted on December 15, 2004. This standard
applies to single voltage AC to DC power supplies
that are sold individually and to those that are
sold as a component of or in conjunction with
another product. Single-voltage external AC
to DC power supplies that are made available by a
product manufacturer as service parts or spare
parts for its products manufactured prior to January
1, 2008 shall be exempt from this provision.
(11) Torchieres
shall not use more than one hundred ninety (190) watts. A torchiere shall
be deemed to use more than one hundred ninety
(190) watts if any commercially available lamp
or combination of lamps can be inserted in its socket(s)
and cause the torchiere to draw more than
one hundred ninety (190) watts when operated at
full brightness.
(12) Traffic
signal modules shall meet the product specification of the "Energy Star
Program Requirements for Traffic Signals"
developed by the U.S. Environmental Protection
Agency that took effect in February 2001 and
shall be installed with compatible, electronically-
connected signal control interface devices and
conflict monitoring systems.
(13) Unit heater
shall be equipped with an intermittent ignition device and shall have
either power venting or an automatic flue
damper.
(b) Not later
than June 1, 2007, the commission, in consultation with the state building
commissioner and the chief of energy and
community services, shall adopt regulations, in
accordance with the provisions of chapter 42-35,
establishing minimum efficiency standards for
the types of new products set forth in paragraph
(b) of section 39-27-4. The regulations shall
provide for the following minimum efficiency
standards.
(1) Bottle-type
water dispensers designed for dispensing both hot and cold water shall not
have standby energy consumption greater than one
and two tenths (1.2) kilowatt-hours per day.
(2) Commercial
hot food holding cabinets shall have a maximum idle energy rate of forty
(40) watts per cubic foot of interior volume.
(3)(i)
Residential furnaces and residential boilers shall comply with the following
Annual
Fuel Utilization Efficiency (AFUE) and
electricity ratio values.
Product
Type Minimum
AFUE Maximum
electricity ratio
Natural gas and
propane-
fired
furnaces 90%
2.0%
Oil-fired
furnaces>94,000
Btu/hour in
capacity 83%
2.0%
Oil-fired furnaces>94,000
Btu/hour in
capacity 83%
2.3%
Natural gas and
oil, and
propane-fired
hot water
residential
boilers 84% Not
applicable
Natural gas,
oil, and
propane-fired
steam
residential
boilers 82%
Not applicable
(ii) The chief
of energy and community services shall adopt rules to provide for
exemptions from compliance with the foregoing
residential furnace or residential boiler AFUE
standards at any building, site or location
where complying with said standards would be in
conflict with any local zoning ordinance, fire
code, building or plumbing code or other rule
regarding installation and venting of
residential furnaces or residential boilers.
(iii) The
provisions of this subsection 39-27-5(b) shall be effective upon determination
by
the chief of energy and community services that
the same or substantial corresponding standards
have been enacted in two (2) New England states.
(4)(i)
State-regulated incandescent reflector lamps shall meet the minimum average
lamp
efficacy requirements for federally-regulated
incandescent reflector lamps contained in 42
U.S.Code 6295 (i)(1)(A).
(ii) The
following types of incandescent reflector lamps are exempt from these
requirements
(I) lamps rated
at fifty (50) watts or less of the following types: BR30, BR40, ER30 and
ER40;
(II) lamps
rated at sixty- five (65) watts of the following types: BR30, BR40, and ER40;
and
(III) R20 lamps
of forty-five (45) watts or less.
(5)(i) Walk-in
refrigerators and walk-in freezers with the applicable motor types shown in
the table below shall include the required
components shown.
MOTOR Type Required
Components
All
Interior lights: light sources with an
efficacy of forty-five (45) lumens per watt or more,
including ballast losses (if any). This
efficacy standard does not apply to LED
light sources until January 1, 2010.
All
Automatic door closers that firmly close
all reach-in doors.
All Automatic
door closers that firmly close
all walk-in doors no wider
than
3.9 feet and no higher than
6.9 feet that have been closed to
within one inch of full
closure.
All
Wall, ceiling, and door insulation at
least R-28 for refrigerators and at least
R-34 for freezers
All
Floor insulation at least R-28 for
freezers
(no requirements for
refrigerators)
Condenser
fan
Electronically
commutated motors,
motors of under
one Permanently split
capacitor-type motors
horsepower
Polyphase motors of one-half (½) horsepower or
more
Single-phase
evaporator fan Electronically commutated motors
motors of under
one horsepower
and less than 460
volts
(ii) In
addition to the requirements in paragraph (i), walk-in refrigerators and
walk-in
freezers with transparent reach-in doors shall
meet the following requirements: transparent reach-
in doors shall be of triple pane glass with
either heat-reflective treated glass or gas fill; if the
appliance has an anti-sweat heater without
anti-sweat controls, then: the appliance shall have a
total door rail, glass, and frame heater power
draw of no more than forty (40) watts if it is a
freezer or seventeen (17) watts if it is a
refrigerator per foot of door frame width; and if the
appliance has an anti-sweat heater with anti-sweat
heat controls, and the total door rail, glass, and
frame heater power draw is more than forty (40)
watts if it is a freezer or seventeen (17) watts if it
is a refrigerator per foot of door frame width,
then: the anti-sweat heat controls shall reduce the
energy use of the anti-sweat heater in an amount
corresponding to the relative humidity in the air
outside the door or to the condensation on the
inner glass pane.
39-27-6.
Implementation. -- (a) On or after January 1, 2007, no No
new commercial
clothes washer, commercial pre-rinse spray
valve, high-intensity discharge lamp ballast,
illuminated exit sign, low voltage dry-type
distribution transformer, single-voltage external AC to
DC power supply, torchiere, traffic
signal module, or unit heater after January 1, 2007 may be
sold or offered for sale in the state unless the
efficiency of the new product meets or exceeds the
efficiency standards set forth in the
regulations adopted pursuant to section 39-27-5. On or after
January 1, 2008, no new metal halide lamp
fixture
No bottle-type-water dispenser, commercial
hot food holding cabinet, metal halide lamp
fixture, single voltage external AC to DC power
supply, state regulated incandescent reflector
lamp, or walk-in refrigerator or walk-in freezer
manufactured on or after January 1, 2008 may be sold or offered
for sale in the state unless the
efficiency of the new product meets or exceeds
the efficiency standards set forth in the
regulations adopted pursuant to section 39-27-5.
On or after January 1, 2010, no No new
automatic commercial icemaker, commercial refrigerator,
refrigerator-freezer, or freezer or large
packaged air conditioning equipment manufactured
on or after January 1, 2010 may be sold or
offered for sale in the state unless the
efficiency of the new product meets or exceeds the
efficiency standards set forth in the
regulations adopted pursuant to section 39-27-5.
(b) No later
than six (6) months after the effective date of this chapter, the chief of
energy
and community services, in consultation with the
attorney general, shall determine if
implementation of state standards for
residential furnaces and residential boilers require a waiver
from federal preemption. If the chief of energy
and community services determines that a waiver
from federal preemption is not needed, then no
new residential furnace or residential boiler
manufactured on or after January 1, 2008, or the
date which is one year after the date of said
determination, if later, may be sold or offered
for sale in the state unless the efficiency of the new
product meets or exceeds the efficiency
standards set forth in the regulations adopted pursuant to
section 39-27-5. If the chief of energy and
community services determines that a waiver from
federal preemption is required, then the chief
of energy and community services shall apply for
such waiver within one year of such
determination and upon approval of such waiver application,
the applicable state standards shall go into
effect at the earliest date permitted by federal law.
(b)(c)
One year after the date upon which sale or offering for sale of certain
products is
limited pursuant to this section, no new
products may be installed for compensation in the state
unless the efficiency of the new product meets
or exceeds the efficiency standards set forth in the
regulations adopted pursuant to section 39-27-5.
39-27-8.
Testing, certification, and enforcement. -- (a) The manufacturers of
products
covered by the chapter shall test samples of
their products in accordance with the test procedures
adopted pursuant to this chapter or those
specified in the State Building Code. The chief of
energy and community services, in consultation
with the state building commissioner, shall adopt
test procedures for determining the energy
efficiency of the products covered by section 39-27-4
if such procedures are not provided for in this
section, section 39-27-5 of this chapter or in the
State Building Code, except that the test
procedure for:
(1)
automatic commercial icemakers shall be the test standard specified by the Air
Conditioning and Refrigeration Institute
Standard 810-2003, as in effect on January 1, 2005.;
(2) bottle-type
water dispensers shall be measured in accordance with the test criteria
contained in version 1 of the U.S. Environmental
Protection Agency's "Energy Star
Program/Requirement for Bottled Water
Coolers," except units with an integral, automatic timer
shall not be tested using Section D, "Timer
Usage," of the test criteria;
(3) commercial
hot food holding cabinets shall be the "idle energy rate-dry test" on
ASTM F2140-01, "Standard Test Method for
Performance of Hot Food Holding Cabinets"
published by ASTM International Interior volume
and shall be measured in accordance with the
method shown in the U.S. Commercial Hot Food
Holding Cabinets as in effect on August 15,
2003; and
(4) residential
furnaces and boilers AFUE shall be measured in accordance with the
federal test method for measuring the energy
consumption of furnaces and boilers contained in
Appendix N to subpart B of part 430, title 10,
Code of Federal Regulations.
The chief of
energy and community services shall use U.S. Department of Energy
approved test methods, or in the absence of such
test methods, other appropriate nationally
recognized test methods. The chief of energy and
community services may use updated test
methods when new versions of test procedures
become available.
(b) Manufacturers
of new products covered by section 39-27-4 of this chapter, except for
single voltage external AC to DC power supplies,
high-intensity discharge lamp ballasts, walk-in
refrigerators and walk-in freezers, shall certify to the
chief of energy and community services that
such products are in compliance with the
provisions of this chapter. Such certifications shall be
based on test results. The chief of energy and
community services shall promulgate regulations
governing the certification of such products and
may coordinate with the certification programs
of other states and federal agencies.
(c) The chief of
energy and community services may test products covered by section
39-27-4. If the products so tested are found not
to be in compliance with the minimum efficiency
standards established under section 39-27-5, the
chief of energy and community services shall:
(1) Charge the
manufacturer of such product for the cost of product purchase and testing;
and
(2) Make
information available to the public on products found not to be in compliance
with the standards.
(d) With prior
notice and at reasonable and convenient hours, the chief of energy and
community services may cause periodic
inspections to be made of distributors or retailers of new
products covered by section 39-27-4 in order to
determine compliance with the provisions of this
chapter. The chief of energy and community
services shall also coordinate in accordance with
section 23-27.3-111.7 regarding inspections
prior to occupancy of newly constructed buildings
containing new products that are also covered by
the State Building Code.
(e) The chief of
energy and community services shall investigate complaints received
concerning violations of this chapter. Any
manufacturer, distributor or retailer who violates any
provision of this chapter shall be issued a
warning by the chief of energy and community services
for any first violation. Repeat violations shall
be subject to a civil penalty of not more than two
hundred fifty dollars ($250). Each violation
shall constitute a separate offense, and each day that
such violation continues shall constitute a
separate offense. Penalties assessed under this
paragraph are in addition to costs assessed
under paragraph (d) of this section.
SECTION 2. This
act shall take effect upon passage.
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LC00780/3
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