This section establishes rules for implementing labeling and certification requirements relating to U-factors, solar heat gain coefficients (SHGCs), visible transmittance (VT) and air leakage for fenestration products under Section 110.6(a) of Part 6. This section also provides for designation of the National Fenestration Rating Council (NFRC) as the supervisory entity responsible for administering the state's certification program for fenestration products, provided NFRC meets specified criteria.
1. Temporary labels.
A. Every manufactured fenestration product shall have attached to it a clearly visible temporary label that lists the U-factor, the solar heat gain coefficient (SHGC) and Visible Transmittance (VT) and that certifies compliance with the air leakage requirements of Section 110.6(a)1. Component Modeling Approach (CMA) and site-built fenestration products shall have a label certificate that lists the U-factor, the Solar Heat Gain Coefficient (SHGC), and the Visible Transmittance (VT).
B. U-factor, SHGC, VT and Air Leakage shall be determined by either:
i. Fenestration products rated and certified using NFRC 100, NFRC 200, NFRC 202 NFRC 203 or NFRC 400 Rating Procedures. The manufacturer shall stipulate that the ratings were determined in accordance with applicable NFRC procedures. For manufactured fenestration products, a temporary label certificate approved by the supervisory entity (NFRC) meets the requirements of this section. For component modeling and site-built fenestration products, a label certificate approved by the supervisory entity (NFRC) meets the requirements of this section.
ii. For manufactured or site-built fenestration products not rated by NFRC, a temporary label with the words “CEC Default U-factor,” followed by the appropriate default U-factor specified in Section 110.6(a)2 and with the words “CEC Default SHGC,” followed by the appropriate default SHGC specified in Section 110.6(a)3 and with the words "CEC Default VT," followed by the appropriate VT as specified in Section 110.6(a)4, meets the requirements of this Subsection B.
C. Temporary labels shall also certify that the manufactured fenestration product complies with the air leakage requirements of Section 110.6(a)1 of the Standards.
2. Permanent labels. Rated products shall have a permanent label consistent with their rating and certification that is either a stand-alone label, an extension or tab of an existing permanent certification label being used by the manufacturer/responsible party, or series of marks or etchings on the product. The permanent label coupled with observable product characteristics, shall be usable to trace the product to certification information on file with the supervisory entity or to a directory of certified products, published by the supervisory entity. For CMA and site-built fenestration products, a label certificate approved by the supervisory entity meets the requirements of this section.
EXCEPTION to Section 10-111(a): Field-fabricated fenestration products.
1. Certification to default ratings. The manufacturer shall certify on the Default Label that the product's U-factor, SHGC and VT meets the default criteria in Sections 110.6(a)2, 110.6(a)3 and 110.6(a)4; and
A. A temporary label, affixed to the product, that meets the requirements of Section 10-111(a)1B meets this requirement.
B. If the product claims the default U-factor for a thermal-break product, the manufacturer shall also certify on the label that the product meets the thermal-break product criteria, specified on the default table, on which the default value is based. Placing the terms “Meets Thermal-Break Default Criteria” on the default temporary label or default label certificate meets this requirement.
2. Certification to NFRC rating procedure. If a product's U-factor, SHGC or VT is based on the NFRC Rating Procedure, the U-factor, SHGC or VT shall be certified by the manufacturer according to the procedures of an independent certifying organization approved by the Commission.
A. A temporary label, affixed to the product or label certificate for CMA and site-built fenestration, meeting the requirements of Section 10-111(a) certified by the independent certifying organization complies with this requirement.
B. An “independent certifying organization approved by the Commission” means any organization authorized by the supervisory entity to certify U-factor ratings, Solar Heat Gain Coefficient and Visible Transmittance ratings in accordance with the NFRC Rating Procedure. If the Commission designates the NFRC as the supervisory entity, any independent certification and inspection agency (IA) licensed by NFRC shall be deemed to be an “independent certifying organization approved by the Commission.”
C. The “supervisory entity” means the NFRC, except as provided in Section 10-111(c)1.
EXCEPTION to Section 10-111(b): Field-fabricated fenestration products.
The NFRC shall be the supervisory entity to administer the certification program relating to U-factors, SHGC, and VT ratings for fenestration products, provided the 'Commission determines that the NFRC meets the criteria in Section 10-111(d).
1. The Commission may consider designating a supervisory entity other than NFRC only if the Commission determines that the NFRC cannot meet the criteria in Section 10-111(d). Such other supervisory entity shall meet the criteria in Section 10-111(d) prior to being designated.
2. The Commission shall periodically review, at least annually, the structure and operations of the supervisory entity to ensure continuing compliance with the criteria in Section 10-111(d).
1. Membership in the entity shall be open on a nondiscriminatory basis to any person or organization that has an interest in uniform thermal performance ratings for fenestration products, including, but not limited to, members of the fenestration industry, glazing infill industry, ‘building industry, design professionals, specifiers, utilities, government agencies, and public interest organizations. The membership shall be composed of a broad cross section of those interested in uniform thermal performance ratings for fenestration products.
2. The governing body of the entity shall reflect a reasonable cross-section of the interests represented by the membership.
3. The entity shall maintain a program of oversight of product manufacturers, laboratories, and independent certifying organizations that ensures uniform application of the NFRC Rating Procedures, labeling and certification, and such other rating procedures for other factors affecting energy performance as the NFRC and the Commission may adopt.
4. The entity shall require manufacturers and independent certifying organizations within its program to use laboratories accredited by the supervisory entity to perform simulations and tests under the NFRC Rating Procedure or by an NFRC Approved Calculation Entity (ACE) under the Component Modeling Approach (CMA)- Product Certification Program(PCP).
5. The entity shall maintain appropriate guidelines for testing and simulation laboratories, manufacturers, and certifying agencies, including requirements for adequate:
A. Possession and calibration of equipment;
B. Education, competence, and training of personnel;
C. Quality control;
D. Record keeping and reporting;
E. Periodic review (including, but not limited to, blind testing by laboratories; inspections of products; and inspections of laboratories, manufacturing facilities, and certifying agencies);
F. Challenges to certified ratings; and
G. Guidelines to maintain the integrity of the program, including, but not limited to, provisions to avoid conflicts of interest within the rating and certification process’
6. The entity shall be a nonprofit organization and shall maintain reasonable, nondiscriminatory fee schedules for the services it provides and shall make its fee schedules, the financial information on which fees are based, and financial statements available to its members for inspection.
7. The entity shall provide hearing processes that give laboratories, manufacturers, and certifying agencies a fair review of decisions that adversely affect them.
8. The entity shall maintain a certification policy committee whose procedures are designed to avoid conflicts of interest in deciding appeals, resolving disputes, and setting policy for the certifying organizations within its program.
9. The entity shall publish at least annually a directory of products certified and decertified within its program.
10. The entity itself shall be free from conflict-of-interest ties or to undue influence from any particular fenestration manufacturing interest(s), testing or simulation lab(s), or independent certifying organization(s).
11. The entity shall provide or authorize the use of labels and label certificates for Component Modeling Approach and site-built fenestration products that can be used to meet the requirements of Sections 110.6(a)2, 110.6(a)3 and 110.6(a)4, and this section.
12. The entity's certification program shall allow for multiple participants in each aspect of the program to provide for competition between manufacturers, testing labs, simulation labs, and independent certifying organizations.
Nothing in this section shall preclude any entity, whether associated with a U-factor, SHGC or VT certification program or not, from providing certification services relating to factors other than U-factors, SHGCs and VTs for fenestration products.
NOTE: Authority: Section 25402.1, Public Resources Code. Reference: Section 25402.1, Public Resources Code.