§ 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 §â€‚39-27-4 if the procedures are not provided for in this section, and §â€‚39-27-5 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 §â€‚39-27-4, 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 the products are in compliance with the provisions
of this chapter. The certifications shall be based on test results. The chief of energy
and community services shall promulgate regulations governing the certification of
the 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 §â€‚39-27-4. If the products so tested are found not to be in compliance with the minimum efficiency
standards established under §â€‚39-27-5, the chief of energy and community services shall:
(1) Charge the manufacturer of the 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 §â€‚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 §â€‚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 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.