§ 39-27-8 - Testing, certification, and enforcement.
SECTION 39-27-8
§ 39-27-8 Testing, certification, andenforcement. – (a) The manufacturers of products covered by the chapter shall test samples oftheir products in accordance with the test procedures adopted pursuant to thischapter or those specified in the State Building Code. The chief of energy andcommunity services, in consultation with the state building commissioner, shalladopt test procedures for determining the energy efficiency of the productscovered by § 39-27-4 if such procedures are not provided for in thissection, and § 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 standardspecified by the Air Conditioning and Refrigeration Institute Standard810-2003, as in effect on January 1, 2005;
(2) Bottle-type water dispensers shall be measured inaccordance with the test criteria contained in version 1 of the U.S.Environmental Protection Agency's "Energy Star Program/Requirement for BottledWater Coolers," except units with an integral, automatic timer shall not betested using Section D, "Timer Usage," of the test criteria;
(3) Commercial hot food holding cabinets shall be the "idleenergy rate-dry test" on ASTM F2140-01, "Standard Test Method for Performanceof Hot Food Holding Cabinets" published by ASTM International Interior volumeand 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 measuredin accordance with the federal test method for measuring the energy consumptionof furnaces and boilers contained in Appendix N to subpart B of part 430, title10, 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 testmethods, other appropriate nationally recognized test methods. The chief ofenergy and community services may use updated test methods when new versions oftest procedures become available.
(b) Manufacturers of new products covered by § 39-27-4of this chapter, except for single voltage external AC to DC power supplies,high-intensity discharge lamp ballasts, walk-in refrigerators and walk-infreezers, shall certify to the chief of energy and community services that suchproducts are in compliance with the provisions of this chapter. Suchcertifications shall be based on test results. The chief of energy andcommunity services shall promulgate regulations governing the certification ofsuch products and may coordinate with the certification programs of otherstates and federal agencies.
(c) The chief of energy and community services may testproducts covered by § 39-27-4. If the products so tested are found not tobe in compliance with the minimum efficiency standards established under §39-27-5, the chief of energy and community services shall:
(1) Charge the manufacturer of such product for the cost ofproduct purchase and testing; and
(2) Make information available to the public on productsfound 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 bemade of distributors or retailers of new products covered by § 39-27-4 inorder to determine compliance with the provisions of this chapter. The chief ofenergy and community services shall also coordinate in accordance with §23-27.3-111.7 regarding inspections prior to occupancy of newly constructedbuildings containing new products that are also covered by the State BuildingCode.
(e) The chief of energy and community services shallinvestigate complaints received concerning violations of this chapter. Anymanufacturer, distributor or retailer who violates any provision of thischapter shall be issued a warning by the chief of energy and community servicesfor any first violation. Repeat violations shall be subject to a civil penaltyof not more than two hundred fifty dollars ($250). Each violation shallconstitute a separate offense, and each day that such violation continues shallconstitute a separate offense. Penalties assessed under this paragraph are inaddition to costs assessed under subsection (d) of this section.