For all Nonresidential buildings, the Design Review Kickoff Certificate(s) of Compliance and the Construction Document Design Review Checklist Certificate(s) of Compliance shall be reviewed and signed by a licensed professional engineer or licensed architect, or a licensed contractor representing services performed by or under the direct supervision of a licensed engineer or architect, as specified in the provisions of Division 3 of the Business and Professions Code. For buildings less than 10,000 square feet, this signer may be the engineer or architect of record. For buildings greater than 10,000 square feet but less than 50,000 square feet, this signer shall be a qualified in-house engineer or architect with no other project involvement or a third-party engineer, architect, or contractor. For buildings greater than 50,000 square feet and all buildings with complex mechanical systems serving more than 10,000 square feet, this signer shall be a third-party engineer, architect, or contractor.
These documents shall:
Contingent upon availability and approval of an electronic document repository by the Executive Director, Certificate of Compliance documents and their associated Compliance Registration Packages that are registered and retained by a HERS provider data registry shall also be automatically transmitted by the data registry in compliance with Title 20, Chapter 4, Article 8, Section 1670 et seq, to an electronic document repository for retention in accordance with the specifications in Reference Joint Appendix JA7.
Exemptions from submitting compliance documentation shall not be deemed to grant authorization for any work to be done in any manner in violation of this code or other provisions of law.
Contingent upon availability and approval of an electronic document repository by the Executive Director, Certificate of Compliance documents and their associated Compliance Registration Packages that are registered and retained by an approved data registry shall also be automatically transmitted by the data registry to an electronic document repository for retention in accordance with the specifications in Reference Joint Appendix JA7.
For alterations to existing residential buildings for which HERS field verification is required, and when the enforcement agency does not require building design plans to be submitted with the application for a building permit, the applicable Certificate of Compliance documentation specified in Section 10-103(a)1. is not required to be approved by the enforcement agency prior to issuance of a building permit, but shall be approved by the enforcement agency prior to final inspection of the dwelling unit, and shall be made available to the enforcement agency for all applicable inspections, or made available for viewing on an approved data registry.
When the enforcement agency requires building design plans to be submitted with the application for a building permit, the applicable Certificate of Compliance documents shall be incorporated into the building design plans. When Section 10-103(a)1 requires document registration, the certificate(s) that are incorporated into the building design plans shall be copies of the registered Certificate of Compliance documents from a HERS provider data registry, or a data registry approved by the Commission.
For all buildings, if the specification for a building design feature, material, component, or manufactured device is changed before final construction or installation, such that the building may no longer comply with Part 6 the building must be brought back into compliance, and so indicated on amended plans, specifications, and Certificate(s) of Compliance that shall be submitted to the enforcement agency for approval. Such characteristics shall include the efficiency (or other characteristic regulated by Part 6) of each building design feature, material, component, or device.
i. Between the Responsible Person and the person to be designated as the Authorized Representative.
ii. Specifying that the Authorized Representative may sign Certificates of Installation on behalf of the Responsible Person.
iii. Specifying that the legal responsibility for construction or installation in the applicable classification for the scope of work specified on the Certificate of Installation document(s) remains with the Responsible Person.
iv. That is signed by both the Responsible Person and the Authorized Representative.
v. That is retained by the HERS Provider to which all compliance documents are submitted for the building to which the Certificate of Installation documentation pertains.
vi. That is maintained in the HERS Provider Data Registry such that it is accessible for verification by, included but not limited to, the Energy Commission and enforcement agencies.
These documents shall:
i. Identify the features, materials, components, manufactured devices, and system performance diagnostic results required to demonstrate compliance with Part 6 and the Appliance Efficiency Regulations.
ii. State the number of the building permit under which the construction or installation was performed.
iii. Display the unique registration number assigned by the data registry if Section 10-103(a)3 requires the document to be registered.
iv. Include a declaration statement indicating that the constructed or installed features, materials, components or manufactured devices (the installation) identified on the Certificate of Installation conforms to all applicable codes and regulations, and the installation conforms to the requirements given on the plans and specifications approved by the enforcement agency.
v. Be signed by the documentation author to certify the documentation is accurate and complete. When document registration is required by Section 10-103(a)3, the signature shall be an electronic signature on an electronic document in accordance with the electronic signature specifications in Reference Joint Appendix JA7.
vi. Be signed by the Responsible Person eligible under Division 3 of the Business and Professions Code to accept responsibility for construction or installation in the applicable classification for the scope of work specified on the Certificate of Installation document(s), or shall be signed by their Authorized Representative. When document registration is required by Section 10-103(a)3, the signature shall be an electronic signature on an electronic document in accordance with the electronic signature specifications in Reference Joint Appendix JA7.
i. All Certificates of Installation for which compliance requires HERS field verification.
ii. All other Certificates of Installation, except those exempted by the Energy Commission.
The submittals to the HERS provider data registry shall be made electronically in accordance with the specifications in Reference Joint Appendix JA7.
Contingent upon availability and approval of an electronic document repository by the Executive Director, Certificate of Installation documents and their associated Compliance Registration Packages that are registered and retained by a HERS provider data registry in compliance with Title 20, Chapter 4, Article 8, Section 1670 et seq shall also be automatically transmitted by the data registry to an electronic document repository for retention in accordance with the specifications in Reference Joint Appendix JA7.
Exemptions from submitting compliance documentation shall not be deemed to grant authorization for any work to be done in any manner in violation of this code or other provisions of law.
Contingent upon availability and approval of an electronic document repository by the Executive Director, Certificate of Installation documents and their associated Compliance Registration Packages that are registered and retained by an approved data registry shall also be automatically transmitted by the data registry to an electronic document repository for retention in accordance with the specifications in Reference Joint Appendix JA7.
These documents shall:
Contingent upon availability and approval of an electronic document repository by the Executive Director, Certificate of Acceptance documents and their associated Compliance Registration Packages that are registered and retained by an approved data registry shall also be automatically transmitted by the data registry, to an electronic document repository for retention in accordance with the specifications in Reference Joint Appendix JA7.
These documents shall:
The submittals to the HERS provider data registry shall be made electronically in accordance with the specifications in Reference Joint Appendix JA7.
Contingent upon availability and approval of an electronic document repository by the Executive Director, Certificate of Verification documents and their associated Compliance Registration Packages that are registered and retained by a HERS provider data registry in accordance with Title 20, Chapter 4, Article 8, Section 1670 et. seq shall also be automatically transmitted by the data registry, to an electronic document repository for retention in accordance with the specifications in Reference Joint Appendix JA7.
EXCEPTION to Section 10-103(a): Enforcing agencies may exempt nonresidential buildings that have no more than 1,000 square feet of conditioned floor area in the entire building and an occupant load of 49 persons or less from the documentation requirements of Section 10-103(a), provided a statement of compliance with Part 6 is submitted and signed by a licensed engineer or the licensed architect with chief responsibility for the design.
For dwelling units, buildings or tenant spaces that are not individually owned and operated, or are centrally operated, such information shall be provided to the person(s) responsible for operating the feature, material, component or mechanical device installed in the building. This operating information shall be in paper or electronic format.
For dwelling units, buildings or tenant spaces that are not individually owned and operated, or are centrally operated, such information shall be provided to the person(s) responsible for maintaining the feature, material, component or mechanical device installed in the building. This information shall be in paper or electronic format.
If a building permit has been previously issued, there has been no construction under the permit, and the permit has expired, the enforcement agency shall not issue a new permit unless the enforcement agency determines in writing that the construction is designed to comply with the requirements of Part 6 in effect on the date the new permit is applied for. The enforcement agency determination shall confirm that the documentation requirements of Sections 10-103(a)1 and 10-103(a)2 have been met.
“Determines in writing” includes, but is not limited to, approval of a building permit with a stamp normally used by the enforcement agency.
Such verification shall include determination that:
NOTE: Authority: Section 25402, 25402.1, Public Resources Code. Reference: Section 25402, Public Resources Code.
- Lamp and ballast systems;
- Line voltage switching controls;
- Low voltage switching controls;
- Dimming controls;
- Occupancy sensors;
- Photosensors;
- Demand responsive signal inputs to lighting control systems;
- Building Energy Efficiency Standards required lighting control systems;
- Building Energy Efficiency Standards required lighting control system-specific analytical/problem solving skills;
- Integration of mechanical and electrical systems for Building Energy Efficiency Standards required lighting control installation and commissioning;
- Safety procedures for low-voltage retrofits (<50 volts) to control line voltage systems (120 to 480 volts);
- Accurate and effective tuning, calibration, and programming of Building Energy Efficiency Standards required lighting control systems;
- Measurement of illuminance according to the Illuminating Engineering Society’s measurement procedures as provided in the IES Lighting Handbook, 10th Edition, 2011;
- Building Energy Efficiency Standards lighting controls acceptance testing procedures; and
- Building Energy Efficiency Standards acceptance testing compliance documentation for lighting controls.
NOTE: ATTCPs may specify additional qualifications for participation in their programs, such as limiting participation to persons that are not currently listed as “decertified” by another ATTCP.
- Each page of each certificate of acceptance shall bear the logo of the ATTCP or other identifying insignia as approved by the Energy Commission.
- The electronic copy shall be capable of being printed.
- The ATTCP may apply to the Energy Commission for approval to use alternative compliance documents that differ from those approved for use by the Energy Commission but must demonstrate that these alternative compliance documents do not differ in format, informational order, or content from approved compliance documents.
All required reports shall contain a signed certification that the ATTCP has met all requirements for this program.
The ATTCP may amend a submitted or approved application, as follows:
Amendments submitted after approval of an ATTCP’s application that contain only nonsubstantive changes shall be reviewed by the Executive Director for consistency with Section 10-103.1. Amendments determined to be consistent with this Section shall be incorporated into the approval as errata.
Amendments submitted after approval of an ATTCP’s application that contain any substantive changes shall be subject to the Application Review and Determination process specified in Section 10-103.1(e)
If the Energy Commission finds that the amended application does not meet the requirements of Section 10-103.1 then the ATTCP shall either abide by the terms of their previously approved application or have their approval suspended.
If the Energy Commission determines there is a violation of these regulations or that an ATTCP is no longer providing adequate certification services, the Energy Commission may revoke the authorization of the ATTCP pursuant to Section 1230 et seq. of Title 20 of the California Code of Regulations.
NOTE: Authority: Sections 25402, 25402.1, 25213, Public Resources Code. Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8 and 25943, Public Resources Code.
NOTE: ATTCPs may specify additional qualifications for participation in their programs, such as limiting participation to persons that are not currently listed as “decertified” by another ATTCP.
All required reports shall contain a signed certification that the ATTCP has met all requirements for this program.
The ATTCP may amend a submitted or approved application, as follows:
Amendments submitted after approval of an ATTCP’s application that contain only nonsubstantive changes shall be reviewed by the Executive Director for consistency with Section 10-103.2. Amendments determined to be consistent with this Section shall be incorporated into the approval as errata.
Amendments submitted after approval of an ATTCP’s application that contain any substantive changes shall be subject to the Application Review and Determination process specified in Section 10-103.2(e). If the Energy Commission finds that the amended application does not meet the requirements of Section 10-103.2, then the ATTCP shall either abide by the terms of their previously approved application or have their approval suspended.
If the Energy Commission determines there is a violation of these regulations or that an ATTCP is no longer providing adequate certification services, the Energy Commission may revoke the authorization of the ATTCP pursuant to Section 1230 et. seq. of Title 20 of the California Code of Regulations.
NOTE: Authority: Sections 25402, 25402.1, 25213, Public Resources Code. Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8 and 25943, Public Resources Code.