Chapter 177

2006 -- S 2844 SUBSTITUTE A AS AMENDED

Enacted 06/23/06

 

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- ENERGY AND CONSUMER SAVINGS ACT OF 2006

     

     

     Introduced By: Senators Roberts, Walaska, and Bates

     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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LC02555/SUB A

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