§ 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.