§ 39-27.1-7. Testing — Certification — Labeling — Enforcement.
(a) The manufacturers of products covered by this chapter shall test samples of their products in accordance with the test procedures adopted pursuant to this chapter. The commissioner may adopt updated test methods when new versions of test procedures become available.
(b) Manufacturers of new products covered by § 39-27.1-3 shall certify to the commissioner that the products are in compliance with the provisions of this chapter. The certifications shall be based on test results. The commissioner shall promulgate regulations governing the certification of the products and shall coordinate with the certification programs of other states and federal agencies with similar standards.
(c) Manufacturers of new products covered by § 39-27.1-3 shall identify each product offered for sale or installation in the state as in compliance with the provisions of this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The commissioner shall promulgate regulations governing the identification of the products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards. The commissioner shall allow the use of existing marks, labels, or tags, that connote compliance with the efficiency requirements of this chapter.
(d) The commissioner may test products covered by § 39-27.1-3. If products so tested are found not to be in compliance with the minimum efficiency standards established under § 39-27.1-4, the commissioner shall:
(1) Charge the manufacturer of such product for the cost of product purchase and testing; and
(2) Make information available to the attorney general and the public on products found not to be in compliance with the standards.
(e) With prior notice and at reasonable and convenient hours, the commissioner may cause periodic inspections to be made of distributors or retailers of new products covered by § 39-27.1-3 in order to determine compliance with the provisions of this chapter. The commissioner shall also coordinate with the state building code standards committee regarding inspections prior to occupancy of newly constructed buildings containing new products that are also covered by chapter 27.3 of title 23.
(f) The commissioner shall investigate complaints received concerning violations of this chapter and shall report the results of the investigations to the attorney general. The attorney general may institute proceedings to enforce the provisions of this chapter. Any manufacturer, distributor, or retailer, or any person who installs a product covered by this chapter for compensation, who or that violates any provision of this chapter shall be issued a warning by the commissioner for any first violation and subject to a civil penalty of up to one hundred dollars ($100) for each offense. Repeat violations shall be subject to a civil penalty of not more than five hundred dollars ($500) for each offense. Each violation shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense. Penalties assessed under this subsection are in addition to costs assessed under subsection (d) of this section.
(g) The commissioner may adopt such further regulations as necessary to ensure the proper implementation and enforcement of the provisions of this chapter.
History of Section.
P.L. 2021, ch. 361, § 2, effective July 12, 2021; P.L. 2021, ch. 363, § 2, effective
July 12, 2021.