TITLE 39
Public Utilities and Carriers

CHAPTER 39-27
The Energy and Consumer Savings Act of 2005

SECTION 39-27-8


§ 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 § 39-27-4 if such procedures are not provided for in this section, 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 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 § 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 § 39-27-4. If the products so tested are found not to be 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 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 § 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 § 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 subsection (d) of this section.

History of Section.
(P.L. 2005, ch. 136, § 1; P.L. 2005, ch. 146, § 1; P.L. 2006, ch. 177, § 1; P.L. 2006, ch. 288, § 1.)