2.3  HERS Providers

http://www.energy.ca.gov/HERS/

The CEC approves HERS Providers, subject to the CEC’s HERS Regulations (Title 20, Chapter 4, Article 8, Sections 1670 through 1675). Approved HERS Providers are authorized to train and certify HERS Raters and are required to maintain quality control over HERS verifications. The CEC maintains a list of approved HERS Providers on the CEC-HERS Provider website (https://www.energy.ca.gov/programs-and-topics/programs/home-energy-rating-system-hers-program/home-energy-rating-system).

The HERS Provider must maintain a HERS data registry that incorporates an website‐based user interface that has functionality to accommodate the needs of the authorized users of the data registry who must participate in administering HERS compliance, document registration, and Energy Code enforcement.

The HERS data registry must receive and record information to identify and track energy efficiency features that require HERS Verification in a specific building/system and must be capable of determining compliance based on the information from the results of testing or verification procedures input to the registry for the building/system. When the compliance requirements are met, the HERS data registry must make a unique registered certificate of field verification and diagnostic testing available to enforcement agencies, builders, building owners, HERS Raters, and other interested parties to show compliance with the document submittal requirements of §10-103. The HERS data registry must have the capability to facilitate electronic submittal of the registered CF3Rs of an CEC document repository for retention of the certificates for use in enforcing the regulations.

The HERS Provider must make available (via phone or internet communications) a way for building officials, builders, HERS Raters, and other authorized users of the HERS data registry to verify the information displayed on copies of the submitted certificate. Refer to Reference Nonresidential Appendix NA1|topic=Appendix NA1  – Nonresidential HERS Verification\, Testing\, and Documentation Procedures Residential Appendix RA1-4 and Reference Joint Appendix Reference Joint Appendix JA7 for additional information on the HERS Provider’s role and responsibilities.

An approved HERS Provider is also to be approved as a registration provider and facilitate documentation registration for nonresidential buildings and projects.

2.3.1      HERS Raters

A CEC‐approved HERS Provider certifies the HERS Rater to perform the field verification and diagnostic testing that may be required to demonstrate and document compliance with the Energy Code. HERS Raters receive training in diagnostic techniques and building science as part of the certification process administered by the HERS Provider.

If the documentation author who produced the CF1R documentation for the building is not an employee of the builder or subcontractor, the documentation author for the building may also perform the responsibilities of a HERS Rater, provided the documentation author has met the requirements and has been certified as a HERS Rater by an approved HERS Provider.

The HERS Rater is responsible for:

   Conducting the field verification and diagnostic testing of the air distribution ducts.

   Transmitting all required data describing the results to a HERS Provider data registry.

   Confirming that the air distribution ducts conform to the design detailed on the building plans and specifications and the mechanical certificate of compliance (NRCC-MCH-E) is approved by the enforcement agency for the building.

   Verifying that the information on the certificates of installation and certificates of acceptance are consistent with the certificates of compliance.

   Performing the Verification (CF3R) and registering the results with the HERS data registry.

The results from the HERS verification are registered to the HERS data registry, including failures. If the results indicate compliance, the HERS data registry will make available a registered copy of the CF3R. A copy must be posted at the building site for review by the enforcement agency, made available for all applicable inspections, and included with the documentation that the builder provides to the building owner at occupancy as specified in §10-103(b).

A listing of Certificate of Field Verification and Diagnostic Testing documents (NRCVs) is available in Table 2.3-1. The certificate of field verification and diagnostic testing documents submitted to the enforcement agency to demonstrate compliance shall conform to a format and informational order and content approved by the CEC. (See §10-103[a]1A.) Samples of the CEC-approved documents are in Appendix A.

Table 2.3-1: Certificate of Verification Documents

Documents Name

Energy Code Reference

Reference Nonresidential Appendix

NRCV-MCH-04-H

Air Distribution System Leakage Diagnostic

§10-103(a)5; §140.4(l); §141.0(b)2C, 141.0(b)2D, and 141.0(b)2E

NA1|topic=Appendix NA1  – Nonresidential HERS Verification\, Testing\, and Documentation Procedures; NA2

NRCV-PLB-21-H

High-Rise Multifamily Central Hot Water System Distribution

§140.5; §150.1(c)8

RA3.6; RA4.4

NRCV-PLB-22-H

High-Rise Single Dwelling Unit Hot Water System Distribution

§140.5; §150.1(c)8

RA3.6; RA4.4

Source: California Energy Commission staff

2.3.2      Verification, Testing, and Sampling

At the builder’s option, HERS verification is completed either for each constant-volume, single-zone, space-conditioning unit in the building or for a sample from a designated group of units. HERS verification uses the diagnostic duct leakage from the fan pressurization of ducts procedure in Reference Nonresidential Appendix NA2. If the builder chooses the sampling option, the applicable procedures described in NA1.6.1, NA1.6.2, and NA1.6.3 are followed.

The builder or subcontractor will provide a copy of the NRCCs signed by the principal designer/owner and a copy of the NRCIs to the HERS Rater, as required in NA1.4. Before completing the HERS verification, the HERS Rater confirms that the NRCIs and NRCAs have been completed as required and show compliance consistent with the NRCCs.

If the HERS verification determines that the requirements for compliance are met, the HERS Rater transmits the test results to the HERS data registry, whereupon the HERS Provider makes a copy of the registered CF3R for the HERS Rater, the builder, the enforcement agency, and other authorized users of the data registry. Printed copies, electronic or scanned copies, and photocopies of the completed, signed, and registered certificate of field verification and diagnostic testing are allowed for document submittals, subject to verification that the information on the copy conforms to the registered document information on file in the provider data registry for the space-conditioning unit.

The HERS Rater provides copies of the HERS verification to the builder and posts a copy of the CF3R at the building site for review by the enforcement agency in conjunction with requests for inspection.

The HERS Provider makes available (via phone or internet communications) a way for enforcement agencies, builders, and HERS Raters to verify that the information displayed on copies of the CF3R conform to the registered document information on file in the HERS data registry.

2.3.3      Initial Model Field Verification and Diagnostic Testing

The HERS Rater can test the first constant, single-zone, space-conditioning unit of each building. This initial testing allows the builder to identify and correct any potential duct installation and sealing flaws or practices before other units are installed. If the HERS verification determines that the requirements for compliance are met, the HERS Rater transmits the test results to the HERS data registry.

2.3.4      Resampling, Full Testing, and Corrective Action

“Resampling” refers to the procedure that requires testing of additional units within a sample group when the selected sample unit within a group fails to comply with the HERS verification requirements. When a failure is encountered during sample testing, the failure shall be entered into the provider’s data registry. Corrective action shall be taken, and the unit shall be retested to verify that corrective action was successful. Corrective action and retesting on the unit shall be repeated until the testing indicates compliance and the results have been entered into the HERS data registry.

In addition, the HERS Rater conducts resampling to assess whether the first failure in the group is unique or if the rest of the units in the group are likely to have similar failings. The HERS Rater randomly selects for resampling one of the remaining untested units in the group for testing of the feature that failed. If testing in the resample confirms that the requirements for compliance credit are met, then the unit with the failure shall not be considered an indication of failure in the other units in the group. The HERS Rater transmits the resample test results to the HERS data registry for each of the remaining units in the group, including the dwelling unit that was resampled.

If field verification and diagnostic testing in the resample result in a second failure, the HERS Rater must enter the second failure into the HERS data registry and report it to the builder and enforcement agency. Multifamily dwelling units in the group must thereafter be tested. The builder will take corrective action in all space-conditioning units in the group that have not been tested. In cases where corrective action would require destruction of building components, the builder may choose to reanalyze compliance and choose different features that will achieve compliance. In this case, a new CF1R is registered to the HERS data registry and a copy submitted to the enforcement agency and HERS Rater. The HERS Rater conducts HERS verification for each of these space-conditioning units to verify that problems have been corrected and the requirements for compliance have been met. Upon verification of compliance, the HERS Rater enters the test results into the HERS data registry, whereupon a copy of the CF3R for each unit in the group is made available to the HERS Rater, the builder, the enforcement agency, and other authorized users of the HERS data registry.

The HERS Provider files a report with the enforcement agency explaining all action taken (including field verification, diagnostic testing, and corrective action) to bring into compliance units for which full testing has been required. If corrective action requires work not specifically exempted by the California Mechanical Code or the California Building Code, the builder shall obtain a permit from the enforcement agency before commencing any of the work.

2.3.5      Third-Party Quality Control Program (TPQCP)

The CEC may approve Third-Party Quality Control Programs (TPQCP) that serve some of the functions of HERS Raters for field verification but do not have the authority to sign compliance documentation as a HERS Rater. Third-Party Quality Control Programs:

A.    Provide training to installers, participating program installing contractors, installing technicians, and specialty TPQCP subcontractors regarding compliance requirements for features for which diagnostic testing and field verification are required.

B.    Collect data from participating installers for each installation completed for compliance credit.

C.    Perform data checking analysis of information from diagnostic testing performed on participating TPQCP contractor installation work to evaluate the validity and accuracy of the data and independently determine whether compliance has been achieved.

D.    Provide direction to the installer to retest and correct problems when data checking determines that compliance has not been achieved.

E.    Require resubmission of data when retesting and correction are directed.

F.    Maintain a database of all data submitted by the participating TPQCP contractor in a format that is acceptable and made available to the CEC upon request.

The HERS Provider must arrange for the services of an independent HERS Rater to conduct field verification and diagnostic testing of the installation performed by the participating TPQCP contractor. If group sampling is used for HERS verification compliance for jobs completed by a participating TPQCP contractor, the sample from the group that is tested for compliance by the HERS Rater may be selected from a group composed of up to 30 units for which the TPQCP contractor has performed the installation. For alterations, the installation performed by TPQCP contractors may be approved at the enforcement agency's discretion, based upon a properly completed certificate of installation (NRCI-MCH-01) and certificate of acceptance (NRCA-MCH-04-A). If subsequent HERS compliance verification procedures determine that resampling, full testing, or corrective action is necessary for such conditionally approved dwellings in the group, the corrective work must be completed. If the Energy Code requires registration of the compliance documents, the certificates of installation and certificates of acceptance must be registered copies from a nonresidential data registry and a HERS provider data registry, respectively.

Refer to Reference Nonresidential Appendix NA1|topic=Appendix NA1  – Nonresidential HERS Verification\, Testing\, and Documentation Procedures for additional information about the Third Party Quality Control Program and for additional information about document registration.

2.3.6      For More Information

More details on field verification and diagnostic testing and the HERS Provider data registry are provided in the 2022 Reference Nonresidential Appendices and 2022 Reference Joint Appendices, as described below:

    Reference Nonresidential Appendix NA1|topic=Appendix NA1  – Nonresidential HERS Verification\, Testing\, and Documentation Procedures — Nonresidential HERS Verification, Testing, and Documentation Procedures

    Reference Nonresidential Appendix NA2 — Nonresidential Field Verification and Diagnostic Test Procedures

    Reference Joint Appendix Reference Joint Appendix JA7Data Registry Requirements