The requirements of this section apply to Acceptance Test Technicians (ATTs), Acceptance Test Employers (ATEs), and Acceptance Test Technician Certification Providers (ATTCPs) that perform work relating to the acceptance testing of nonresidential mechanical systems and controls.
ATT and ATE certification requirements shall take effect when the Energy Commission finds that each of the following conditions are met. Until such time that Sections 10-103.2(b)1 and 10-103.2(b)2 are met, or if, subsequent to being met, they cease to be maintained, Field Technicians may complete acceptance testing as specified in Section 120.5 without completing certification requirements specified in Part 1, Section 10-103.2.
1. Number of Certified ATTs.
A. There shall be no less than 300 ATTs certified to perform the complete set of mechanical acceptance tests in Building Energy Efficiency Standards, Section 120.5, except as provided in Subsection 10-103.2(b)1.B. The number of certified ATTs shall be submitted to the Energy Commission in the annual reports prepared by ATTCPs, as specified in Section 10-103.2(d)1.
B. If there are less than 300 ATTs certified to perform all of the acceptance tests in Building Energy Efficiency Standards, Section 120.5, then there shall be at least 300 ATTs certified to complete the following tests:
i. NA7.5.1 Outdoor Air Outdoor Air Ventilation Systems
ii. NA7.5.2 Constant Volume, Single Zone Unitary Air Conditioners and Heat Pumps
iii. NA7.5.4 Air Economizer Controls
iv. NA7.5.5 Demand Control Ventilation Systems
v. NA 7.5.6 Supply Fan Variable Flow Controls
vi. NA7.5.7, NA7.5.9 Hydronic System Variable Flow Controls
vii. NA7.5.10 Automatic Demand Shed Controls
2. Industry Coverage by ATTCPs. ATTCPs approved by the Energy Commission, in their entirety, provide reasonable access to certification to the following industry groups: Professional engineers, licensed architects, HVAC installers, mechanical contractors, Testing and Balancing (TAB) certified technicians, controls installation and startup contractors and certified commissioning professionals who have verifiable training, experience and expertise in HVAC systems. The Energy Commission will determine reasonable access by considering factors such as certification costs commensurate with the complexity of the training being provided, certification marketing materials, prequalification criteria, class availability and curriculum
ATTCPs shall submit a written application to the Energy Commission with a summary and the necessary background documents to explain how the following criteria and procedures have been met:
1. Organizational Structure. ATTCPs shall provide written explanations of the organization type, by-laws, and ownership structure. ATTCPs shall explain in writing how their certification program meets the qualifications of Building Energy Efficiency Standards, Section 10-103.2(c). ATTCPs shall explain in their application to the Energy Commission their organizational structure and their procedures for independent oversight, quality assurance, supervision and support of the acceptance test training and certification processes.
2. Certification of ATEs. The ATTCPs shall provide written explanations of their certification and oversight of ATEs. This explanation shall document how the ATTCP ensures that ATEs are providing quality control and appropriate supervision and support for their ATTs.
A. Recertification. The ATTCP shall recertify all ATEs prior to the implementation of each adopted update to the Building Energy Efficiency Standards as these updates affect the acceptance test requirements. Recertification requirements and procedures shall only apply to those specific elements that are new or modified in future updates to Building Energy Efficiency Standards.
3. Requirements for Applicant ATTCPs to Document Training and Certification Procedures. ATTCPs shall include with their application a complete copy of all training and testing procedures, manuals, handbooks and materials. ATTCPs shall explain in writing how their training and certification procedures include, but are not limited to, the following:
A. Training Scope. The scope of the training shall include both hands-on experience and theoretical training to certify competency in the technologies and skills necessary to perform the acceptance tests.
B. ATT Training.
i. Curricula. ATTCP training curricula for ATTs shall include, but not be limited to, the analysis, theory, and practical application of the following:
a. Constant volume system controls;
b. Variable volume system controls;
c. Air-side economizers;
d. Air distribution system leakage;
e. Demand controlled ventilation with CO2 sensors;
f. Demand controlled ventilation with occupancy sensors;
g. Automatic demand shed controls;
h. Hydronic valve leakage;
i. Hydronic system variable flow controls;
j. Supply air temperature reset controls;
k. Condenser water temperature reset controls;
l. Outdoor air ventilation systems;
m. Supply fan variable flow controls;
n. Boiler and chiller isolation controls;
o. Fault detection and diagnostics for packaged direct-expansion units;
p. Automatic fault detection and diagnostics for air handling units and zone terminal units;
q. Distributed energy storage direct-expansion air conditioning systems;
r. Thermal energy storage systems;
s. Building Energy Efficiency Standards mechanical acceptance testing procedures; and
t. Building Energy Efficiency Standards acceptance testing compliance documentation for mechanical systems.
ii. Hands-on training. The ATTCP shall describe in its application the design and technical specifications of the laboratory boards, equipment and other elements that will be used to meet the hands-on requirements of the training and certification.
iii. Prequalification. Participation in the certification program shall be limited to persons who have at least three years of professional experience and expertise in mechanical controls and systems as determined by the Mechanical ATTCPs.
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.
iv. Instructor to Trainee Ratio. The ATTCP shall document in its application to the Energy Commission why its instructor to trainee ratio is sufficient to ensure the integrity and efficacy of the curriculum and program based on industry standards and other relevant information.
v. Tests. The ATTCP shall describe the written and practical tests used to demonstrate each certification applicant’s competence in all specified subjects. The ATTCPs shall retain all results of these tests for five years from the date of the test.
vi. Recertification. The ATTCP shall recertify all ATTs prior to the implementation of each adopted update to the Building Energy Efficiency Standards as these updates affect the acceptance test requirements. Recertification requirements and procedures shall only apply to those specific elements that are new or modified in future updates to Building Energy Efficiency Standards.
C. ATE Training. Training for ATEs shall consist of a single class or webinar consisting of at least four hours of instruction that covers the scope and process of the acceptance tests in Building Energy Efficiency Standards, Section 120.5.
D. Complaint Procedures. Procedures described in writing for notifying building departments and the public that the ATTCP will accept complaints regarding the performance of any certified ATT or ATE, and procedures for how the ATTCP will address these complaints.
E. Decertification Procedures. The ATTCP shall describe in its application to the Energy Commission procedures for revoking their certification of ATTs and ATEs based upon poor quality or ineffective work, failure to perform acceptance tests, falsification of documents, failure to comply with the documentation requirements of these regulations or other specified actions that justify decertification. The ATTCP shall also describe its general procedures for decertified ATTs or ATEs seeking to regain their certification status, including eligibility requirements for recertification (if any).
F. Quality Assurance and Accountability. The ATTCP shall describe in its applications to the Energy Commission procedures for conducting quality assurance and accountability activities, including but not limited to the following:
i. The ATTCPs shall include quality assurance and accountability measures, including but not limited to independent oversight of the certification materials, processes and procedures, visits to building sites where certified technicians are completing acceptance tests, certification process evaluations, building department surveys to determine acceptance testing effectiveness, and expert review of the training curricula developed for Building Energy Efficiency Standards, Section 120.5.
ii. The ATTCP shall review a random sample of no less than 1 percent of each ATT’s completed compliance forms. The ATTCP shall also randomly select and shadow audit no less than 1 percent of each ATE’s overseen projects, following the assigned ATT and observing their performance on the job site. Independent oversight may be demonstrated by accreditation under the ISO/IEC 17024 standard.
G. Certification Identification Number and Verification of ATT and ATE Certification Status. The ATTCP shall describe in its applications to the Energy Commission procedures for recording, tracking, and communicating certification status, including but not limited to the following:
i. Upon certification of an ATT or ATE, the ATTCP shall issue a unique certification identification number to the ATT or ATE.
ii. The ATTCP shall maintain an accurate public record of the certification status for all ATTs and ATEs that the ATTCP has certified, including any ATTs or ATEs who have been decertified as specified in 10-103.2(c)3E.
iii. The ATTCP shall provide verification of current ATT certification status upon request to authorized document Registration Provider personnel or enforcement agency personnel to determine the ATT's eligibility to sign Certificate of Acceptance documentation according to all applicable requirements in Sections 10-103.2, 10-102, 10-103(a)4, and Reference Joint Appendix JA7.
The ATTCP shall provide the following regular reports to the Energy Commission:
1. Annual Report. The ATTCP shall provide an annual report to the Energy Commission that includes the following:
A. A summary of the certification services provided over the reporting period, including the total number of Acceptance Test Technicians and Employers certified by the agency during the reporting period and to date.
B. A summary of all actions taken against any ATT or ATE as a result of the complaint or quality assurance procedures described by the ATTCP as required under Section 10-103.2(c)(3)(D) and 10-103.2(c)(3)(F).
C. A summary of the quality assurance and accountability activities conducted over the reporting period, including the compliance forms reviewed and the on-site audits performed as required under Section 10-103.2(c)3F(ii) during the reporting period and to date.
D. A summary of the number and type of acceptance tests performed in each local jurisdiction over the reporting period and to date.
E. A signed certification to the Energy Commission that the ATTCP continues to meet the requirements of Section 10-103.2.
2. Update Report. The ATTCP shall have no less than six months following the adoption of an update to the Building Energy Efficiency Standards to prepare an Update Report. The ATTCP shall submit an Update Report to the Energy Commission no less than six months prior to the effective date of any newly adopted update to the Building Energy Efficiency Standards, The ATTCP shall report to the Energy Commission what application amendments are proposed to address changes to the Building Energy Efficiency Standards or to ensure training is reflective of the variety of mechanical equipment and systems currently encountered in the field. All required update reports shall contain a signed certification that the ATTCP continues to meet all the requirements of Section 10-103.2(c). Update reports shall be approved through the Amendment Process provided under Section 10-103.2(f).
All required reports shall contain a signed certification that the ATTCP has met all requirements for this program.
The Energy Commission shall review ATTCP applications according to the criteria and procedures in Section 10-103.2(c) to determine if such providers meet the specified requirements for providing acceptance testing certification services.
1. Energy ‘Commission staff will review and validate all information received on ATTCP applications, and determine whether the application is complete and contains sufficient information to be evaluated by staff. Complete applications shall be evaluated by staff based on their contents.
2. The Executive Director may require that the applicant provide additional information as required by staff to fully evaluate the ATTCP application.
3. The Executive Director shall provide a copy of the staff evaluation to interested persons and provide an opportunity for public comment.
4. The Executive Director shall issue a written recommendation that the Energy Commission designate the applicant as an authorized ATTCP or deny the Provider application.
5. The Energy Commission shall make a final decision on the application at a publicly noticed hearing.
The ATTCP may amend a submitted or approved application as follows:
1. Amendment Scope.
A. Nonsubstantive Changes. A nonsubstantive change is a change that does not substantively alter the requirements of the application materials for the ATTCP, ATT, or ATE. For amendments making only nonsubstantive changes, the ATTCP shall submit the following:
i. a letter describing the change to the Energy Commission as an addendum to the application;
ii. A replacement copy of the affected sections of the ATTCP application with the changes incorporated; and
iii. A copy of the affected sections of the ATTCP application showing the changes in underline and strikeout format.
B. Substantive Changes. A substantive change is a change that substantively alters the requirements of the application materials for the ATTCP, ATT, or ATE. For amendments making any substantive changes, the ATTCP shall submit the following:
i. A document describing the scope of the change to the application, the reason for the change and the potential impact to the ATTCP, ATT, and ATE as an addendum to the application;
ii. A replacement copy of the affected sections of the ATTCP application with the changes incorporated; and
iii. A copy of the affected sections of the ATTCP application showing the changes in underline and strikeout format.
2. Amendment Review. Amendments submitted prior to approval of an ATTCP application shall be included in the application’s Application Review and Determination process specified in Section 10-103.2(e).
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.