Article 8 — , Section 1670 et seq. shall also be

accordance with the specifications in Reference Joint Appendix JA7.

2022 CALIFORNIA ADMINISTRATIVE CODE 10-9

Copyright © 2022 by, or licensed to, International Code Council, Inc. (ALL RIGHTS RESERVED); licensed to California Building Standards Commission pursuant to License Agreement. No further reproductions is authorized. Any unauthorized reproduction or distribution is a violation of the federal copyright act and the license agreement, and subject to civil and criminal penalties thereunder.

ADMINISTRATIVE REGULATIONS FOR THE CALIFORNIA ENERGY COMMISSION (CEC)

for the building, or made available for viewing on an approved data registry, and shall be made available to the enforcement agency for all applicable inspections. If construction on any portion of the building subject to Part 6 will be impossible to inspect because of subsequent construction, the enforcement agency may require the Certificate(s) of Verification to be posted upon completion of that portion. A copy of the registered Certificate(s) of Verification shall be included with the documentation the builder provides to the building owner at occupancy as specified in Section 10-103(b).

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.

(b) Compliance, operating, maintenance and ventila- tion information to be provided by builder.

Compliance information.

A. For low-rise residential buildings, at final inspec tion, the enforcement agency shall require the builder to leave in the building, copies of the completed, signed and submitted compliance documents for the building owner at occupancy. For low-rise residential buildings, such information shall, at a minimum, include copies of all Certificate of Compliance, Certificate of Installation and Certificate of Verification documentation submitted. These documents shall be in paper or electronic format and shall conform to the applicable requirements of Section 10-103(a).

B. For nonresidential buildings, high-rise residential

buildings and hotels and motels, at final inspection, the enforcement agency shall require the builder to leave in the building, copies of the completed, signed and submitted compliance documents for the building owner at occupancy. For nonresidential buildings, high-rise residential buildings and hotels and motels, such information shall include copies of all Certificate of Compliance, Certificate of Installation, Certificate of Acceptance and Certificate of Verification documentation submitted. These documents shall be in paper or electronic format and shall conform to the applicable requirements of Section 10-103(a).

ancy. For nonresidential buildings, high-rise residential buildings and hotels and motels, such information shall include copies of all Certificate of Compliance, Certificate of Installation, Certificate of Acceptance and Certificate of Verification documentation submitted. These documents shall be in paper or electronic format and shall conform to the applicable requirements of Section 10-103(a).

Operating information. At final inspection, the enforcement agency shall require the builder to leave in the building, for the building owner at occupancy, operating information for all applicable features, materials, components and mechanical devices installed in the building. Operating information shall include instructions on how to operate the features, materials, components and mechanical devices correctly and efficiently. The instructions shall be consis

tent with specifications set forth by the Executive Director. For low-rise residential buildings, such information shall be contained in a folder or manual which provides all information specified in Section 10-103(b). 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 operating the feature, material, component or mechanical device installed in the building. This operating information shall be in paper or electronic format.

Maintenance information. At final inspection, the enforcement agency shall require the builder to leave in the building, for the building owner at occupancy, maintenance information for all features, materials, components and manufactured devices that require routine maintenance for efficient operation. Required routine maintenance actions shall be clearly stated and incorporated on a readily accessible label. The label may be limited to identifying, by title and/or publication number, the operation and maintenance manual for that particular model and type of feature, material, component or manufactured device. For low-rise residential buildings, this information shall include a schedule of all interior luminaires and lamps installed to comply with Section 150.0(k).

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.

Ventilation information.

A. For low-rise and high-rise residential buildings, the

enforcement agency shall require the builder to leave the following information in the building, for the building owner at occupancy:

i. A description of the quantities of outdoor air that

the whole-dwelling unit ventilation system(s) are designed to provide to the building’s conditioned space, and instructions for proper operation and maintenance of the ventilation system.

ii. Instructions for proper operation and mainte nance of local exhaust systems, including instructions for conditions for which any occupantcontrolled systems such as kitchen range hoods and bathroom exhaust fans should be used.

iii. For systems in buildings or tenant spaces that are

not individually owned and operated by the dwelling unit occupants, the building’s owner or their representative shall provide a copy of the ventilation system information to dwelling occupants at the beginning of their occupancy. For systems in buildings or tenant spaces that are cen

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final inspection shall not be complete until such consistency and compliance is verified.

Such verification shall include determination that:

A. All installed features, materials, components

or manufactured devices, regulated by the Appliance Efficiency Regulations or Part 6 are indicated, when applicable, on the Certificate(s) of Installation, Certificate(s) of Acceptance and Certificate(s) of Verification, and are consistent with such features, materials, components or manufactured devices given in the plans and specifications and the Certificate(s) of Compliance approved by the local enforcement agency.

B. All required Certificates of Installation are

posted, or made available with the building permit(s) issued for the building, or made available for viewing on an approved data registry, and are made available to the enforcement agency for all applicable inspections, and that all required Certificates of Installation conform to the specifications of Section 10-103(a)3.

C. All required Certificates of Acceptance are

posted, or made available with the building permit(s) issued for the building and are made available to the enforcement agency for all applicable inspections, and that all required Certificates of Acceptance conform to the specifications of Section 10-103(a)4.

D. All required Certificates of Verification are

posted, or made available with the building permit(s) issued for the building, or made available for viewing on an approved data registry, and are made available to the enforcement agency for all applicable inspections, and that all required Certificates of Verification conform to the specifications of Section 10-103(a)5.

Authority: Section 25402, Public Resources Code.

Reference: Section 25402, Public Resources Code.

HISTORY:

Amendment of subsection (e) filed 1-19-84; effective thirtieth day thereafter (Register 84, No. 3).
Amendment filed 12-27-84; designated effective 1-1-85 pursuant to Government Code Section 11346.2 (d) (Register 84, No. 52).
Editorial correction of subsection (b) filed 2-5-85; effective upon filing pursuant to Government Code Section 11346.2 (d) (Register 85, No. 6).
Amendment of subsection (a) filed 12-4-86; effective thirtieth day thereafter (Register 87, No. 1).
(CEC 1/92) Regular order by the California Energy Commission to amend Section 10-103, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state June 12, 1992; publication date July 15, 1992; effective 30 days thereafter. Approved as a regular order by the California Building Standards Commission on June 8, 1992.
(CEC 2/94) Regular order by the California Energy Commission to amend Section 10-103 (a) 1, 2, 3 and 4; (b) 1, 2 and 3; (d) 2, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state May 24, 1995; effective 30 days thereafter. Approved as a regular order by the California Building Standards Commission on May 23,

trally operated, all applicable ventilation system information shall be provided to the person(s) responsible for operating and maintaining the feature, material, component or mechanical ventilation device installed in the building. This information shall be in paper or electronic format.

B. For nonresidential buildings, and hotels and motels,

the enforcement agency shall require the builder to provide the building owner at occupancy a description of the quantities of outdoor and recirculated air that the ventilation systems are designed to provide to each area. For 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 and maintaining the feature, material, component or mechanical device installed in the building. This information shall be in paper or electronic format.

(c) Equipment information to be provided by manufac- turer or supplier. The manufacturer or supplier of any manufactured device shall, upon request, provide to building designers and installers information about the device. The information shall include the efficiency (and other characteristics regulated by Part 6). This information shall be in paper or electronic format.

(d) Enforcement agency requirements.

Permits. An enforcement agency shall not issue a building permit for any construction unless the enforcement agency determines in writing that the construction is designed to comply with the requirements of Part 6 that are in effect on the date the building permit was applied for. The enforcement agency determination shall confirm that the documentation requirements of Sections 10103(a)1 and 10-103(a)2 have been met.

ent agency shall not issue a building permit for any construction unless the enforcement agency determines in writing that the construction is designed to comply with the requirements of Part 6 that are in effect on the date the building permit was applied for. The enforcement agency determination shall confirm that the documentation requirements of Sections 10103(a)1 and 10-103(a)2 have been met.

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.

Inspection. The enforcement agency shall inspect newly constructed buildings and additions, and alterations to existing buildings to determine whether the construction or installation is consistent with the agency's approved plans and specifications, and complies with Part 6. Final certificate of occupancy shall not be issued until such consistency and compliance is verified. For Occupancy Group R-3,

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10-103.1 Nonresidential lighting controls acceptance test¶

10-103.1. Nonresidential lighting controls acceptance test training and certification.

(a) Scope. The requirements of this section apply to Acceptance Test Technicians (ATTs) and Acceptance Test Employers (ATEs), and Acceptance Test Technician Certification Providers (ATTCPs) that perform work relating to the acceptance testing of nonresidential lighting systems and controls.

(b) Industry certification threshold. 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 10-103.1(b)1 and 10-103.1(b)2 are met, or if, subsequent to being met, they cease to be maintained, Field Technicians may complete acceptance testing as specified in Part 6, Sections 130.4 and 160.5(e) without meeting the certification requirements specified in Part 1, Section 10-103.1.

Number of certified ATTs. There shall be no less than 300 ATTs certified to perform the lighting acceptance tests in Building Energy Efficiency Standards, Sections 130.4 and 160.5(e). The number of certified ATTs shall be submitted to the Energy Commission in the annual reports prepared by ATTCPs, as specified in Section 10103.1(d)1.
Industry coverage by ATTCPs. The ATTCPs approved by the Energy Commission, in their entirety, shall provide reasonable access to certification to the following industry groups: electrical contractors, certified general electricians, licensed architects, professional engineers, controls installation and startup contractors and certified commissioning professionals who have verifiable training, experience and expertise in lighting controls and electrical systems. The Energy Commission will determine whether reasonable access to certification is provided by considering factors such as certification costs commensurate with the complexity of the training being provided, certification marketing materials, prequalification criteria, class location and availability, and curriculum. (c) Qualifications and approval of ATTCPs. ATTCPs shall submit a written application to the Energy Commission with a summary and the related background documents to explain how the following criteria and procedures have been met:
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 qualification requirements of Title 24, Part 1, Section 10103.1(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.
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.

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. Lamp and ballast systems; b. Line voltage switching controls; c. Low voltage switching controls; d. Dimming controls; e. Occupancy sensors; f. Photosensors; g. Demand responsive signal inputs to light ing control systems; h. Building Energy Efficiency Standards

required lighting control systems; i. Building Energy Efficiency Standards

required lighting control system-specific analytical/problem solving skills; j. Integration of mechanical and electrical

systems for Building Energy Efficiency Standards required lighting control installation and commissioning; k. Safety procedures for low-voltage retrofits

(< 50 volts) to control line voltage systems (120 to 480 volts); l. Accurate and effective tuning, calibration

and programming of Building Energy Efficiency Standards required lighting control systems; m. Measurement of illuminance according to

the Illuminating Engineering Society’s

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measurement procedures as provided in the IES Lighting Handbook, 10th Edition, 2011; n. Building Energy Efficiency Standards

lighting controls acceptance testing procedures; and o. Building Energy Efficiency Standards

acceptance testing compliance documentation for lighting controls.

cess of the acceptance tests in Building Energy Efficiency Standards, Sections 130.4 and 160.5(e).

D. Complaint procedures. The ATTCPs shall describe in their applications to the Energy Commission procedures for accepting and addressing complaints regarding the performance of any ATT or ATE certified by the ATTCP, and explain how building departments and the public will be notified of these proceedings.

E. Decertification procedures. The ATTCPs shall

describe in its applications 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 application to the Energy Commission its procedures for conducting quality assurance and accountability activities, including but not limited to the following:

i. The ATTCP 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, Sections 130.4 and 160.5(e).

ii. The ATTCP shall review a random sample of

no less than 1 percent of each ATT’s completed compliance forms, and shall perform randomly selected on-site audits of no less than 1 percent of each ATT’s completed acceptance tests. Independent oversight may be demonstrated by accreditation under the ISO/IEC 17024 standard.

G. Certification identification number and verifica-

tion of ATT and ATE certification status. The ATTCP shall describe in its application to the Energy Commission its 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

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 lighting controls and electrical systems as determined by the Lighting Controls 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 when 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. The ATTCP shall develop recertification training curricula for ATTs consistent with training requirements in Sections 10103.1(c)3A and 10-103.1(c)3B, and shall submit the proposed recertification training curricula to the Energy Commission for review and approval in the update report required under Section 10-103.1(d)2. 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 pro

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and ATEs that the ATTCP has certified, including any ATTs or ATEs who have been decertified as specified in Section 10103.1(c)3E.

iii. The ATTCP shall provide verification of cur rent 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 10103.1, 10-102, 10-103(a)4, and the Reference Joint Appendix JA7.

H. Electronic database system . The ATTCP shall

maintain, or by suitable contractual requirements cause to be maintained, an electronic database system approved by the Energy Commission. The electronic database system shall be capable of all the following:

i. Support all activities for the ATTCP to com ply with its quality assurance program as required by Section 10-103.1(c)3F. ii. For no less than five years, record and pre

serve all certificates of acceptance offered for certification by the ATTCP and as performed by its own certified ATTs. iii. Allow the transmission of electronic copies of

each completed certificate of acceptance to the ATT that performed the test, the ATE associated with that ATT or both. a. Each page of each certificate of acceptance

shall bear the logo of the ATTCP or other identifying insignia as approved by the Energy Commission. b. The electronic copy shall be capable of

being printed. c. The ATTCP may apply to the Energy Com

mission 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. iv. Provide a means of verifying any certificate of

acceptance to the enforcement agency having jurisdiction as identified on the certificate of acceptance. v. Provide the Energy Commission with any of

cation Programming Interface (API) for providing data electronically. Within one year of development of an API, the ATTCP’s electronic database system shall have the ability to transfer project data to the Energy Commission through the API upon completion of the project or at established intervals no longer than monthly. I. Compliance document recording and repository

reporting requirement.

i. The ATTCP shall record all certificates of

compliance [Section 10-103(a)1], certificates of installation [Section 10-103(a)3] and certificates of acceptance [Section 10-103(a)4] associated with any acceptance test specified in Part 6, Sections 130.4 and 160.5(e).

ii. Contingent upon Energy Commission approval

of the threshold [Section 10-103.1(b)] and upon availability and approval of an electronic document repository by the Executive Director, the ATTCP shall submit monthly data transfer packets to the Energy Commission to an electronic document repository for retention consistent with Energy Commission instructions. (d) Requirements for ATTCPs to provide regular reports. The ATTCP shall provide the following regular reports to the Energy Commission:

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 ATTCP 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 10-103.1(c)3D and 10103.1(c)3F.

C. A summary of the quality assurance and account ability activities conducted over the reporting period, including the compliance forms reviewed and the on-site audits performed as required under Section 10-103.1(c)3Fii 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 10-103.1.

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

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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 lighting controls that are currently encountered in the field. All required update reports shall contain a signed certification that the ATTCP continues to meet the requirements of Section 10-103.1. Update reports shall be approved through the Amendment Process provided under Section 10-103.1(f).

All required reports shall contain a signed certification that the ATTCP has met all requirements for this program.

(e) Application review and determination. The Energy Commission shall review ATTCP applications according to the criteria and procedures in Section 10-103.1(c) to determine if such providers meet the specified requirements for providing acceptance testing certification services.

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.
The Executive Director may require that the applicant provide additional information as required by staff to fully evaluate the ATTCP application.
The Executive Director shall provide a copy of the staff evaluation to interested persons and provide a reasonable opportunity for public comment.
The Executive Director shall issue a written recommendation that the Energy Commission designate the applicant as an authorized ATTCP or deny the application.
The Energy Commission shall make a final decision on the application at a publicly-noticed hearing.

(f) Amendment Process.

The ATTCP may amend a submitted or approved application, as follows:

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

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 10-103.1(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 10-103.1. 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. (g) Review by the Energy Commission. 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.

Authority: Sections 25402, 25402.1, 25213, Public Resources Code. References: Sections 25007, 25402(a)-(b), 25402.1, 25402.4, 25402.5, 25402.8 and 25910, Public Resources Code.

10-103.2 Nonresidential mechanical acceptance test¶

10-103.2. Nonresidential mechanical acceptance test training and certification.

(a) Scope. 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.

(b) Industry Certification Threshold. ATT and ATE certification requirements shall take effect when the Energy Commission finds that each of the following conditions are

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.

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quality assurance, supervision and support of the acceptance test training and certification processes.

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

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 occu pancy 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 con trols;

l. Outdoor air ventilation systems;

m. Supply fan variable flow controls;

n. Boiler and chiller isolation controls;

o. Fault detection and diagnostics for pack aged direct-expansion units;

p. Automatic fault detection and diagnostics for

air handling units and zone terminal units;

met. Until such time that Sections 10-103.2(b)1 and 10103.2(b)2 are met, or if, subsequent to being met, they cease to be maintained, Field Technicians may complete acceptance testing as specified in Sections 120.5 and 160.3(d) without completing certification requirements specified in Part 1, Section 10-103.2.

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, Sections 120.5 and 160.3(d), except as provided in Subsection 10-103.2(b)1B. 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, Sections 120.5 and 160.3(d), then there shall be at least 300 ATTs certified to complete the following tests:

i. NA7.5.1 Outdoor Air Ventilation Systems

ii. NA7.5.2 Constant Volume, Single Zone Uni tary 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

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. (c) Qualifications and approval of ATTCPs. 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:
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,

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q. Distributed energy storage direct-expan sion air conditioning systems; r. Thermal energy storage systems; s. Building Energy Efficiency Standards mechanical acceptance testing procedures; and t. Building Energy Efficiency Standards

E. Decertification Procedures. The ATTCP shall

describe in its application to the Energy Commission procedures for revoking their certification of ATT 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:

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 certifica tion 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

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 Verifi-

i. The ATTCPs shall include quality assurance

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 for ATEs shall consist of a single

cation 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:

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, Sections 120.5 and 160.3(d).

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 cur rent ATT certification status upon request to authorized document Registration Provider personnel or enforcement agency personnel to

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.

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determine the ATT’s eligibility to sign Certificate of Acceptance documentation according to all applicable requirements in Sections 10103.2, 10-102, 10-103(a)4, and Reference Joint Appendix JA7.

H. Electronic Database System . The ATTCP shall

i. Support all activities for the ATTCP to com ply with its quality assurance program as required by Section 10-103.2(c)3F.

ii. For no less than five years, record and pre serve all certificates of acceptance offered for certification by the ATTCP and as performed by its own certified ATTs.

iii.Allow the transmission of electronic copies of

each completed certificate of acceptance to the ATT that performed the test, the ATE associated with that ATT or both.

a. Each page of each certificate of acceptance

shall bear the logo of the ATTCP or other identifying insignia as approved by the Energy Commission.

b. The electronic copy shall be capable of

being printed.

c. The ATTCP may apply to the Energy Com mission 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.

iv. Provide a means of verifying any certificate of

acceptance to the enforcement agency having jurisdiction as identified on the certificate of acceptance.

v. Provide the Energy Commission with any of

the following project data or documents upon request: project address, permit numbers, acceptance test technician and acceptance test employee certification numbers, certificates of acceptance, compliance forms, installation forms and record of quality assurance review. The Energy Commission may adopt an Application Programming Interface (API) for providing data electronically. Within one year of development of an API, the ATTCP’s electronic database system shall have the ability to transfer project data to the Energy Commission through the API upon completion of the project or at established intervals no longer than monthly.

I. Compliance Document Recording and Reposi-

tory Reporting Requirement:

i. The ATTCP shall record all certificates of

compliance [Section 10-103(a)1], certificates of installation [Section 10-103(a)3], and certificates of acceptance [Section 10-103(a)4] associated with any acceptance test specified in Part 6, Sections 120.5 and 160.3(d). ii. Contingent upon Energy Commission approval

of the threshold [Section 10-103.2(b)] and upon availability and approval of an electronic document repository by the Executive Director, the ATTCP shall submit monthly data transfer packets to the Energy Commission to an electronic document repository for retention consistent with Energy Commission instructions. (d) Requirements for ATTCPs to provide regular reports. The ATTCP shall provide the following regular reports to the Energy Commission:

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)3D and 10-103.2(c)3F.

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.

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

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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. (e) Application Review and Determination. 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.

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.
The Executive Director may require that the applicant provide additional information as required by staff to fully evaluate the ATTCP application.
The Executive Director shall provide a copy of the staff evaluation to interested persons and provide an opportunity for public comment.
The Executive Director shall issue a written recommendation that the Energy Commission designate the applicant as an authorized ATTCP or deny the Provider application.
The Energy Commission shall make a final decision on the application at a publicly-noticed hearing. (f) Amendment Process.

The ATTCP may amend a submitted or approved application, as follows:

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:

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).

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

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 10103.2(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. (g) Review by the Energy Commission. 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.

Authority: Sections 25402, 25402.1, 25213, Public Resources Code. Reference: Sections 25007, 25008, 25218.5, 25310, 25402(a)-(b), 25402.1, 25402.4, 25402.5, 25402.8, 25910 and 25943, Public Resources Code.

10-104 Exceptional designs.¶

10-104. Exceptional designs.

Note: See Section 10-109 for approval of calculation methods and Alternative Component Packages.

(a) Requirements. If a building permit applicant proposes to use a performance compliance approach, and the building designs cannot be adequately modeled by an approved calculation method, an applicant shall be granted a building permit if the Commission finds:

That the design cannot be adequately modeled with an approved calculation method;
Using an alternative evaluation technique, that the design complies with Part 6; and
That the enforcement agency has determined that the design complies with all other legal requirements. (b) Applications. The applicant shall submit four copies of a signed application with the following materials to the Executive Director:
A copy of the plans and documentation required by Section 10-103(a)2;

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A statement explaining why meeting the energy budget cannot be demonstrated using an approved calculation method;
Documentation from the enforcement agency stating that: A. Meeting the energy budget requirements cannot be

demonstrated using an approved calculation method; and

B. The design complies with all other legal require ments; and

or her written determination that proposed construction conforms to the requirements of Part 6.

Authority: Code Section 25402.1, Public Resources Code. Reference: Section 25402.1, Public Resources Code. HISTORY:

Amendment filed 12-27-84; designated effective 1-1-85 pursuant to Government Code Section 11346.2 (d) (Register 84, No. 52).
(CEC 1/92) Regular order by the California Energy Commission to amend Section 10-105, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state June 12, 1992; publication date July 15, 1992; effective 30 days thereafter. Approved as a regular order by the California Building Standards Commission on June 8,

10-106 Locally adopted energy standards.¶

10-106. Locally adopted energy standards.

(a) Requirements. Local governmental agencies may adopt and enforce energy standards for newly constructed buildings, additions, alterations and repairs to existing buildings provided the following two requirements are met prior to any enforcement of the standards:

A determination that the standards are cost effective is adopted by the local agency at a public meeting and subsequently filed with the Energy Commission; and
The Energy Commission finds that the standards will require buildings to be designed to consume less energy than permitted by Title 24, Part 6. (b) Documentation application. Local governmental agencies wishing to enforce energy standards subject to Section 10-106(a) shall submit an application with the following materials to the Executive Director:
The proposed energy standards;
The local governmental agency's findings and supporting analyses on the energy savings and cost effectiveness of the proposed energy standards;
A statement or finding by the local governmental agency that the proposed energy standards will require buildings to be designed to consume less energy than permitted by Part 6; and
Any findings, determinations, declarations or reports, including any negative declaration or environmental impact report, required pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq.

Authority: Section 25402.1, Public Resources Code. Reference: Section 21080.4, 21153, 23402.1, Public Resources Code. HISTORY:

Amendment filed 12-27-84; designated effective 1-1-85 pursuant to Government Code Section 11346.2 (d) (Register 84, No. 52).
(CEC 1/92) Regular order by the California Energy Commission to amend Section 10-106, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state June 12, 1992; publication date July 15, 1992; effective 30 days thereafter. Approved as a regular order by the California Building Standards Commission on June 8,

10-107 Interpretations.¶

10-107. Interpretations.

(a) The Commission may make a written determination as to the applicability or interpretation of any provision of this article or of Part 6 upon written application, if a dispute con

A detailed evaluation of the energy consumption of the proposed building and the building’s materials, components and manufactured devices proposed to be installed to meet the requirements of Part 6 using an alternative evaluation technique. The evaluation shall include a copy of the technique, instructions for its use, a list of all input data and all other information required to replicate the results.

Authority: Sections 25402 and 25402.1, Public Resources Code. Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8 and 25943, Public Resources Code. HISTORY:

New section filed 12-27-84; designated effective 1-1-85 pursuant to Government Code Section 11346.2 (d) (Register 84, No. 52).
(CEC 1/92) Regular order by the California Energy Commission to amend Section 10-104, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state June 12, 1992; publication date July 15, 1992; effective 30 days thereafter. Approved as a regular order by the California Building Standards Commission on June 8,

10-105 Enforcement by the Commission.¶

10-105. Enforcement by the Commission.

(a) Where there is no local enforcement agency. Before new construction may begin in an area where there is no local enforcement agency, the Executive Director shall determine in writing that the building design conforms to the requirements of Part 6. The person proposing to construct the building shall submit the information described in Sections 10103(a)1 and 10-103(a)2 to the Executive Director when such a determination is sought.

(b) Where building construction is under the jurisdic- tion of a state agency. Pursuant to Public Resources Code Section 25402.1(g)(5), no construction of any state building shall commence until the Department of General Services or the state agency that otherwise has jurisdiction over the property determines that the construction is designed to comply with the requirements of Part 6, and confirms that the documentation requirements of Sections 10-103(a)1 and 10103(a)2 have been met and that the plans indicate the features and performance specifications needed to comply with Part 6. The responsible state agency shall notify the Commission’s Executive Director of its determination.

(c) Where the enforcement agency fails to enforce. If an enforcement agency fails to enforce the requirements of this article or of Part 6 the Commission, after furnishing 10 days written notice, may condition building permit issuance on submission of the information described in Sections 10103(a)1 and 10-103(a)2 to the Executive Director and on his

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cerning a provision arises between an applicant for a building permit and the enforcement agency, and the dispute has been heard by the local board of permit appeals or other highest local review body. Notice of any such appeal, including a summary of the dispute and the section of the regulations involved, shall if possible be sent to the Commission by the enforcing agency 15 days before the appeal is heard, and the result of the appeal shall be sent to the Commission within 15 days after the decision is made. Either party to the dispute may apply for a determination but shall concurrently deliver a copy of the application to the other party. The determinations are binding on the parties.

(b) The Executive Director may, upon request, give written advice concerning the meaning of any provision of this article or of Part 6. Such advice is not binding on any person.

Authority: Section 25402.1, Public Resources Code. Reference: Sections 25402.1 and 25218.5, Public Resources Code. HISTORY:

Amendment filed 12-27-84; designated effective 1-1-85 pursuant to Government Code Section 11346.2 (d) (Register 84, No. 52).
(CEC 1/92) Regular order by the California Energy Commission to amend Section 10-107, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state June 12, 1992; publication date July 15, 1992; effective 30 days thereafter. Approved as a regular order by the California Building Standards Commission on June 8,

10-108 Exemption.¶

10-108. Exemption.

(a) Requirements. The Commission may exempt any building from any provision of Part 6 if it finds that:

Substantial funds had been expended in good faith on planning, designing, architecture or engineering of the building before the adoption date of the provision; and
Compliance with the requirements of the provision would be impossible without both substantial delays and substantial increases in costs of construction above the reasonable costs of the measures required to comply with the provision. (b) Application. The applicant shall submit four copies of a signed application with the following materials to the Executive Director:
A summary of the claimant’s contracts for the project;
A summary of internal financial reports on the project;
Dated schedules of design activities; and
A progress report on project completion.

Authority: Section 25402.1, Public Resources Code. Reference: Section 25402.1, Public Resources Code. HISTORY:

Amendment filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 33).
Amendment filed 12-27-84; designated effective 1-1-85 pursuant to Government Code Section 11346.2 (d) (Register 84, No. 52).
(CEC 1/92) Regular order by the California Energy Commission to amend Section 10-108, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state June 12, 1992; publication date July 15, 1992; effective 30 days thereafter. Approved as a regular order by the California Building Standards Commission on June 8,

10-109 Compliance software, alternative component¶

10-109. Compliance software, alternative component packages, exceptional methods, data registries and related external digital data sources, alternative residen- tial field verification protocols, electronic document repositories, photovoltaic and battery storage system requirement determinations.

(a) Compliance software, alternative component pack- ages, exceptional methods, data registries and related data input software, alternative residential field verifica- tion protocols or electronic document repositories must be approved by the Commission in order to be used to demonstrate compliance with Part 6.

(b) Application. Applications for approval of compliance software, alternative component packages, exceptional methods, data registries and related data input software, and alternative field verification protocols must be made as follows:

An applicant shall submit four copies of a signed application form specified by the Executive Director.
The application shall include the following materials: A. A description of the functional or analytical capa bilities of the compliance software, alternative component package, calculation method, exceptional method, data registry or related data input software, and alternative field verification protocols; and

B. A demonstration that the criteria in Section 10-109

are met; and

C. An initial fee of one thousand dollars ($1,000). The

total fee shall cover the Commission’s cost of reviewing and analyzing the application. Within 75 days of receipt of an application, the Commission will provide an estimate of the total maximum cost to review and analyze the application and make a determination as to the completeness of the application. Consideration of the application will be delayed until the applicant submits requested additional information. After the Commission determines the total cost, if the cost exceeds the initial fee, the Commission shall assess an additional fee to cover the total cost. If the actual cost is less than the initial, or any estimated maximum, fee the Commission shall refund the difference to the applicant. (c) Compliance software.

Public domain computer programs. In addition to the public domain computer programs that are approved pursuant to Public Resources Code Section 25402.1, the Commission may, upon written application or its own motion, approve additional public domain computer programs that may be used to demonstrate that proposed building designs meet energy budgets. A. The Commission shall ensure that users’ manuals or

guides for each approved program are available.

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B. The Commission shall approve a program only if it

predicts energy consumption substantially equivalent to that predicted by the above-referenced public domain computer program, when it models building designs or features.

Alternative calculation methods (all occupancies). The Commission may approve nonpublic domain computer programs as an alternative calculation method, that building permit applicants may then use to demonstrate compliance with the performance standards (energy budgets) in Part 6. In addition to the application requirements of subdivision (b) above, an application for approval of compliance software must include documentation demonstrating, that the compliance software meets the requirements, specifications and criteria set forth in the Residential or Nonresidential ACM Approval Manual, as appropriate.

Note: Copies of the ACM Approval Manuals may be obtained from the Commission’s website at: www.energy.ca.gov/title24. (d) Alternative component packages. In addition to the application requirements of subdivision (b) above, an application for approval of an alternative component package must include documentation that demonstrates that the package:

Will meet the applicable energy budgets; and
Is likely to apply to a significant percentage of newly constructed buildings or to a significant segment of the building construction and design community. (e) Exceptional methods. The Commission may approve an exceptional method that analyzes a design, material or device that cannot be adequately modeled using the public domain computer programs. Applications for approval of exceptional methods shall include all information needed to verify the method’s accuracy.

(f) Commission action. The Commission may take the following actions on an application submitted pursuant to this section:

Approve the application unconditionally;
Restrict approval to specified occupancies, designs, materials or devices; or
Reject the application. (g) Resubmittal. An applicant may resubmit a rejected application or may request modification of a restricted approval. Such application shall include the information required pursuant to this section, and, if applicable, shall indicate how the proposed compliance software, alternative component package, exceptional method, data registry or related data input software has been changed to enhance its accuracy or capabilities.
Modification. Whenever an approved compliance software, alternative component package, exceptional method, data registry or related data input software is changed in any way, it must be resubmitted under this section for approval.
The Commission may modify or withdraw approval of compliance software, an alternative component pack

age, an exceptional method, or a data registry or related data input software based on its approval of other programs, methods, registries or data input software that are more suitable. (h) In addition to the procedures and protocols identified in the Alternative Calculation Method Approval Manuals and the Reference Appendices, the Commission may authorize alternative procedures or protocols that demonstrate compliance with Part 6.

(i) Data registries and related external digital data sources, and electronic document repositories.

Data registries and related external digital data sources. Data registries and related external digital data sources shall conform to the requirements specified in Reference Joint Appendix JA7.

A. The Commission may approve residential data reg istries that provide for registration and retention of compliance documents and their associated Compliance Registration Packages when required by Part 6 of all residential compliance documentation and the nonresidential Certificates of Verification.

B. Nonresidential data registry approval thresholds.

Section 10-110, shall be construed as requiring the Commission to make the findings specified in Section 10-109(i)1Biia by any set date, regardless of pending applications.

i. The Commission may approve nonresidential

data registries that provide for registration and retention of compliance documents and their associated Compliance Registration Packages when required by Part 6 of all nonresidential compliance documentation, excluding all Certificates of Acceptance recorded by an acceptance test technician certification provider (Sections 10-103.1 and 10-103.2). However, nonresidential data registries may not provide for registration of nonresidential Certificates of Verification. ii. As a prerequisite to reviewing and/or approv ing nonresidential data registries for use, on or after January 1, 2023, the Commission shall first make all of the following findings:

a. The Commission has approved data

schema capable of utilization in the development of any nonresidential data registry. b. The Commission will not lose access to

information necessary to support the enforcement and development of current and future building code cycles. iii. The procedures for consideration and approval of applications enumerated in Section 10-110 shall not apply to applications for nonresidential data registries until the Commission makes the findings specified in Section 10-109(i)1Bii. iv. Nothing in this or any other section, including

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Amendment of subsections (b) and (d) filed 1-20-89; operative 2-1989 (Register 89, No. 4).
(CEC 1/92) Regular order by the California Energy Commission to amend Section 10-109, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state June 12, 1992; publication date July 15, 1992; effective 30 days thereafter. Approved as a regular order by the California Building Standards Commission on June 8, 1992.

10-110 Procedures for consideration of applications¶

10-110. Procedures for consideration of applications under Sections 10-104, 10-106, 10-108 and 10-109.

(a) Within 75 days of receipt of an application, the Executive Director shall determine if the application is complete with all the supporting information required pursuant to Sections 10-104, 10-106, 10-108 or 10-109 (the complete application package).

(b) Once the application is determined to be complete, the Executive Director shall make the complete application package available to interested parties for review and comment. Comments from interested parties must be submitted within a time period set by the Executive Director, which shall be no less than 15 and no greater than 60 days after the complete application package is made available.

(c) Within 75 days of the date the application is determined to be complete, the Executive Director may request any additional information needed to evaluate the application. Consideration of the application will be delayed until the applicant submits the requested additional information.

(d) Within 75 days of the date the application is determined to be complete, the Executive Director may convene a workshop to gather additional information from the applicant and other interested parties. Interested parties will have 15 days after the workshop to submit additional comments or information regarding the application.

(e) Within 90 days of the date the application is determined to be complete, or within 30 days after receipt of complete additional information requested under Section 10110(c) or within 60 days after the receipt of additional information submitted by interested parties under Section 10110(d), whichever is later, the Executive Director shall submit to the Commission a written recommendation on the application.

(f) The complete application package, any additional information considered by the Executive Director, and the Executive Director’s recommendation shall be placed on the consent calendar and considered at the next business meeting after submission of the recommendation. The matter may be removed from the consent calendar at the request of any person.

(g) The Executive Director may charge a fee to recover the costs of processing and reviewing applications, with the exception of Section 10-106 applications.

(h) All applicants have the burden of proof to establish that their applications should be granted.

Authority: Section 25402.1, Public Resources Code.

Reference: Section 25402.1, Public Resources Code.

HISTORY:

New section filed 12-9-81; designated effective 1-15-82 (Register 81, No. 50).

v. The Registration Provider shall only use data

schema approved by the Commission in a nonresidential data registry.

C. The Commission may approve external digital data

sources used for data input to various data registries for registering, when required by Part 6 residential or nonresidential compliance documentation.

Electronic document repositories.

A. The Commission may approve electronic document

repositories that retain for the Commission electronic compliance documentation and their associated Compliance Registration Packages generated by residential and nonresidential data registries when registration is required by Part 6.

(j) Alternative residential field verification protocols.

Alternative residential field verification protocols shall comply with the application requirements of Section 10109(b) and any applicable requirements of Reference Residential Appendices RA1.

(k) Photovoltaic system and battery storage system requirement determinations.

The Commission may, upon written application or its own motion, determine that the photovoltaic or battery storage requirements in Section 150.1(a)3, Section 140.0(c), Section 170.0(a)3 shall not apply, if the Commission finds that the implementation of public agency rules regarding utility system costs and revenue requirements, compensation for customer-owned generation, interconnection fees or other factors causes the Commission’s cost effectiveness conclusions, made pursuant to Public Resources Code 25402(b)(3), to not hold for particular buildings.

Applications shall include full information regarding the differences between public agency rules and Energy Commission cost effectiveness determinations, including all information requested by the Commission to enable full review of the application. Applications shall also include specific recommended limitations to the scope of the determination that is requested, and specific eligibility criteria to determine what buildings would qualify for the determination. Applications from public agencies shall be submitted to the Energy Commission only after public review within the jurisdiction of the public entity or service area of the utility.

Authority: Sections 25402 and 25402.1, Public Resources Code.

Reference: Sections 25402 and 25402.1, Public Resources Code.

HISTORY:

New section filed 12-9-81; designated effective 1-15-82 (Register 81, No. 50).
Amendment filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 33).
Amendment filed 12-27-84; designated effective 1-1-85 pursuant to Government Code Section 11346.2 (d) (Register 84, No. 52).
Amendment of subsections (b), (d) and (e) filed 12-4-86; effective thirtieth day thereafter (Register 87, No. 1).
Change without regulatory effect of subsection (d) filed 4-5-88; operative 5-5-88 (Register 88, No. 17).

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Amendment filed 12-27-84; designated effective 1-1-85 pursuant to Government Code Section 11346.2 (d) (Register 84, No. 52).
Amendment filed 12-4-86; effective thirtieth day thereafter (Register 87, No. 1).

10-111 Certification and labeling of fenestration product¶

10-111. Certification and labeling of fenestration product and exterior door U -factors, solar heat gain coefficients, visible transmittance and air leakage. 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 and exterior doors 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 and exterior doors, provided NFRC meets specified criteria.

(a) Labeling requirements.

Temporary labels.

A. Every manufactured fenestration product and exte rior door 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. Temporary labels for manufactured fenestration products and exterior doors are to incorporate the values determined by Section 10-111(a)1B and shall comply with the labeling requirements of NFRC 700. No other values for U -factor, SHGC, VT and Air Leakage are allowed on the temporary label attached to the manufactured fenestration product or exterior door. Component Modeling Approach (CMA) and site-built fenestration products shall have an NFRC label certificate that lists the U -factor, the Solar Heat Gain Coefficient (SHGC) and the Visible Transmittance (VT) and shall comply with the labeling requirements of NFRC 705 for the Computer Modeling Approach or NFRC 700 for site-built fenestration products.

B. U -factor, SHGC, VT and Air Leakage shall be

determined by either:

i. Fenestration products and exterior doors 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 and exterior doors, 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 prod ucts and exterior doors 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 manufac tured fenestration product or exterior door complies with the air leakage requirements of Section 110.6(a)1 of the Standards.

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. (b) Certification requirements.

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 ther mal break product, the manufacturer shall also certify on the label that the product meets the thermalbreak 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.

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

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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.

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 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. (e) Certification for other factors. 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 and exterior doors.

manufacturers, testing labs, simulation labs and independent certifying organizations. (e) Certification for other factors. 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 and exterior doors.

Authority: Sections 25402 and 25402.1, Public Resources Code. Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8 and 25943, Public Resources Code.

HISTORY:

(CEC/2/92) Regular order by the California Energy Commission to adopt Section 10-111, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state August 10, 1993; effective 30 days thereafter (September 9, 1993). Approved as a regular order by the California Building Standards Commission on August 2, 1993.

Exception to Section 10-111(b): Field-fabricated fenestration products. (c) Designation of supervisory entity. The NFRC shall be the supervisory entity to administer the certification program relating to U -factors, SHGC and VT ratings for fenestration products and exterior doors, provided the Commission determines that the NFRC meets the criteria in Section 10-111(d).

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.
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). (d) Criteria for supervisory entity.
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 and exterior doors, 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.
The governing body of the entity shall reflect a reasonable cross section of the interests represented by the membership.
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.
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).
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;

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(CEC 2/94) Regular order by the California Energy Commission to amend Section 10-111 (a) 1 B, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state August 24, 1993; effective 30 days thereafter. Approved as a regular order by the California Building Standards Commission on August 2, 1995.

10-112 Criteria for default tables.¶

10-112. Criteria for default tables.

(a) The Commission shall maintain tables of default U factors and SHGCs for use as an alternative to U -factors and SHGCs derived based on the NFRC Rating Procedure. The default values shall meet the following criteria:

The values shall be derived from simulations of products using the same computer simulation program(s) used in the NFRC Rating Procedure.
The default values shall be set so that they do not provide to any significant number of products a lower U factor or SHGC than those products would obtain if they were rated using the full NFRC Rating Procedure. (b) The Commission shall periodically review and revise the default tables as necessary to ensure that the criteria are met.

Authority: Sections 25402 and 25402.1, Public Resources Code.

Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8 and 25943, Public Resources Code.

HISTORY:

(CEC/2/92) Regular order by the California Energy Commission to adopt Section 10-112, Part 1, Title 24, California Code of Regulations. Filed with the secretary of state August 10, 1993; effective 30 days thereafter (September 9, 1993). Approved as a regular order by the California Building Standards Commission on August 2, 1993.

10-113 Rating and labeling of roofing product reflectance¶

10-113. Rating and labeling of roofing product reflectance and emittance. This section establishes rules for implementing labeling and rating requirements relating to reflectance and emittance for roofing products for showing compliance with Sections 140.1, 140.2, 140.3(a)1, 141.0(b)2B, 150.1(c)11, 150.2(b)1H and 150.2(b)2 of Title 24, California Code of Regulations, Part 6. This section also provides for designation of the Cool Roof Rating Council (CRRC) as the supervisory entity responsible for administering the state’s rating program for roofing products, provided CRRC meets specified criteria.

(a) Labeling requirements. Every roofing product installed in construction to take compliance credit or meet the Prescriptive requirements for reflectance and emittance under Sections 140.1, 140.2, 140.3(a)1, 141.0(b)2B, 150.1(c)11, 150.2(b)1I or 150.2(b)2 shall have a clearly visible packaging label that lists the emittance and the initial and 3-year aged solar reflectance, or a CRRC Rapid Rating for solar reflectance, tested in accordance with CRRC-1.

Packaging for liquid-applied roof coatings shall state the product meets the requirements specified in Section 110.8(i)4.

(b) Certification requirements. Every roofing product installed in construction to take compliance credit or meet the Prescriptive requirements for reflectance and emittance under Sections 140.1, 140.2, 140.3(a)1, 141.0(b)2B, 150.1(c)11, 150.2(b)1I or 150.2(b)2 shall be rated by CRRC or another supervisory entity approved by the Commission pursuant to Section 10-113(c).

relating to reflectance and emittance ratings for roofing products, provided the Commission determines that the CRRC meets the criteria in Section 10-113(d).

The Commission may consider designating a supervisory entity other than CRRC if the Commission determines that the CRRC is not meeting the criteria in Section 10-113(d). Such other supervisory entity shall meet the criteria in Section 10-113(d) prior to being designated.
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 10-113(d). The supervisory entity shall provide an annual report to the Commission explaining all of the measures it has taken to comply with the criteria in Section 10-113(d).

(d) Criteria for supervisory entity.

Membership in the entity shall be open on a nondiscriminatory basis to any person or organization that has an interest in uniform performance ratings for roofing products, including, but not limited to, members of the roofing 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 roofing products.

tion that has an interest in uniform performance ratings for roofing products, including, but not limited to, members of the roofing 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 roofing products.

The governing body of the entity shall reflect a reasonable cross section of the interests represented by the membership.
The entity shall maintain a program of oversight of product manufacturers, laboratories and independent certifying organizations that ensures uniform application of the CRRC testing and rating procedures, labeling and rating, and such other rating procedures for other factors that improves the accuracy of properties of roofing products affecting energy performance as the CRRC and the Commission may adopt.
The entity shall require manufacturers and independent certifying organizations within its program to use only laboratories accredited by the supervisory entity to perform tests in accordance with CRRC-1.
The entity shall maintain appropriate guidelines for testing laboratories and manufacturers, 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, and manufacturing facilities;

F. Challenges to ratings; and

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G. Guidelines to maintain the integrity of the program,

including, but not limited to, provisions to avoid conflicts of interest within the rating process.

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.
The entity shall provide hearing processes that give laboratories, manufacturers and certifying agencies a fair review of decisions that adversely affect them.
The entity shall maintain a policy committee or similar body whose procedures are designed to avoid conflicts of interest in deciding appeals, resolving disputes and setting policy for the certifying organizations in its program.
The entity shall publish at least annually a directory of rated products and products that are no longer rated by the CRRC.
The entity itself shall be free from conflict-of-interest ties or to undue influence from any particular roofing product manufacturing interest(s), testing or independent certifying organization(s).
The entity shall provide or authorize the use of labels that can be used to meet the requirements for showing compliance with the requirements of Sections 140.1, 140.2, 140.3(a)1, 141.0(b)2B, 150.1(c)11, 150.2(b)1I and 150.2(b)2, and this section.
The entity’s rating program shall allow for multiple participants in each aspect of the program to provide for competition between manufacturers and between testing labs.

10-114 Determination of outdoor lighting zones and¶

10-114. Determination of outdoor lighting zones and administrative rules for use. This section establishes rules for implementing outdoor lighting zones to show compliance with Section 140.7 of Title 24, California Code of Regulations, Part 6.

TABLE 10-114-A LIGHTING ZONE CHARACTERISTICS AND RULES FOR AMENDMENTS BY LOCAL JURISDICTIONS

ZONE	AMBIENT ILLUMINATION	STATEWIDE DEFAULT LOCATION	MOVING UP TO HIGHER ZONES	MOVING DOWN TO LOWER ZONES
LZ0	Very Low	Undeveloped areas of government designated parks, recreation areas and wildlife preserves.	Undeveloped areas of government designated parks, recreation areas and wildlife preserves can be designated as LZ1 or LZ2 if they are contained within such a zone.	Not applicable.
LZ1	Low	Rural areas, as defined by the 2010 U.S. Census. These areas include: single or dual family residential areas, parks, and agricultural zone districts, developed portion of government designated parks, recreation areas and wildlife preserves. Those that are wholly contained within a higher lighting zone may be considered by the local government as part of that lighting zone.	Developed portion of a government designated park, recreation area or wildlife preserve, can be designated as LZ2 or LZ3 if they are contained within such a zone. Retail stores, located in a residential neighborhood, and rural town centers, as defined by the 2010 U.S. Census, can be designated as LZ2 if the business operates during hours of darkness.	Not applicable.
LZ2	Moderate	Urban clusters, as defined by the 2010 U.S. Census. The following building types may occur here: multifamily housing, mixed use residential neighborhoods, religious facilities, schools, and light commercial business districts or industrial zoning districts.	Special districts within a default LZ2 zone may be designated as LZ3 or LZ4 by a local jurisdiction. Examples include special commercial districts or areas with special security considerations located within a mixed- use residential area or city center.	Special districts may be designated as LZ1 by the local jurisdiction, without any size limits.
LZ3	Moderately High	Urban areas, as defined by the 2010 U.S. Census. The following building types may occur here: multifamily housing, mixed use residential neighborhoods, religious facilities, schools, and light commercial business districts or industrial zoning districts.	Special districts within a default LZ3 may be designated as LZ4 by local jurisdiction for high-intensity nighttime use, such as entertainment or commercial districts or areas with special security considerations requiring very high light levels.	Special districts may be designated as LZ1 or LZ2 by the local jurisdiction, without any size limits.
LZ4	High	None.	Not applicable.	Not applicable.

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nity shared battery storage system shall be demonstrated to provide the same or better energy performance equal to the partial or total compliance with the energy performance of the on-site solar electric generation and/or battery storage system that would otherwise have been required for the building, computed by compliance software certified for use by the Commission.

Participating building energy savings benefits. The community shared solar electric generation system and/or community shared battery storage system shall provide energy saving benefits directly to the building. The energy savings benefits allocated to the building shall be in the form of:

A. actual reductions in the energy consump tion of the participating building;

B. energy reduction credits that will result in

virtual reductions in the building’s energy consumption that is subject to energy bill payments; or

C. payments to the building that will have an

equivalent effect as energy bill reductions.

The reduction in the building’s energy bill resulting from A, B or C above shall be greater than the added cost to the building resulting from the building’s share in the community shared solar and/or battery storage system.

Durability, Participation and building opt-out.

A. Durability. The community shared solar

electric generation system and/or community shared battery storage system shall be designed and installed to provide the energy savings benefits to the participating building(s) specified in Section 10-115(a)3 for a period of no less than 20 years.

B. Participation. The Administrator(s) approved by the Energy Commission pursuant to Section 10-115(b)1 shall ensure that all participating buildings, which use the community shared solar and/or community shared battery storage system to comply with Section 140.0(c), 150.1(a)3 or 170.0(a)3, remain participating buildings for no less than a 20-year period (“Participation Period”), regardless of who owns or occupies the participating building, unless the building owner discontinues participation after causing the on-site solar electric generation system to be installed and interconnected pursuant to the Opt-Out Requirements. For purposes of this Section, “Opt-Out Requirements” shall mean installation and interconnection of an on-site solar electric generation system that meets or exceeds the requirements of Section 140.0(c), 150.1(a)3 or

(a) Lighting zones. Exterior lighting allowances in California vary by Lighting Zones (LZ).

(b) Lighting zone characteristics. Table 10-114-A specifies the relative ambient illumination level and the statewide default location for each lighting zone.

(c) Amending the lighting zone designation. A local jurisdiction may officially adopt changes to the lighting zone designation of an area by following a public process that allows for formal public notification, review and comment about the proposed change. The local jurisdiction may determine areas where Lighting Zone 4 is applicable and may increase or decrease the lighting zones for areas that are in State Default Lighting Zones 1, 2 and 3, as specified in Table 10-114-A.

Authority: Sections 25402 and 25402.1, Public Resources Code.

Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8 and 25943, Public Resources Code.

10-115 Community shared solar electric generation sys-¶

10-115. Community shared solar electric generation sys- tem or community shared battery storage system compli- ance option for onsite solar electric generation or battery storage requirements.

(a) Community shared solar electric generation system

or battery storage system offset. If approved by the commission, a community shared solar system, other community shared renewable system, community shared battery storage system or combination of the aforementioned systems (hereinafter referred to as a community shared solar or battery storage system) may be used as a compliance option to partially or totally meet the on-site solar electric generation system and/or battery storage system that is otherwise required by Section 140.0(c), 150.1(a)3 or 170.0(a)3 of Title 24, California Code of Regulations, Part 6. To be approved, the community shared solar electric generation or community shared battery storage system must demonstrate, to the Commission’s satisfaction, that all the following requirements will be met:

Enforcement agency. The community shared solar electric generation system and/or community shared battery storage system shall be installed and available for enforcement agency site inspection, no later than the point in time the enforcement agency must physically verify compliance of the building, which would otherwise be required to have an on-site solar electric generation and/or battery storage system, and shall not cause delay in the process of enforcement agency review and approval of that building. The enforcement agency shall have jurisdiction and facilitated access to make site inspections. All documentation for the community solar electric generation system and/or community solar battery storage system that is required to demonstrate compliance for the building shall be completed prior to building permit application.
Energy performance. The community shared solar electric generation system and/or commu

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170.0(a)3 in effect at the time the builder applied for the original building permit for the participating building. To demonstrate compliance, the Administrator shall require either of the following:

i. Equitable servitude. As a condition for

a building to participate, participating builders shall impose an equitable servitude through a properly recorded declaration of covenants, conditions and restrictions (“CC&Rs”) or other properly recorded covenant, deed restriction or other legally binding method referenced in each deed transferring title for each participating building. This equitable servitude shall run with the land and obligate the original owner(s)/tenant(s) and all subsequent owner(s)/tenant(s) of the participating building to maintain the building’s participation in the community shared solar and/or community shared battery storage system for the Participation Period, or ensure installation and interconnection of an on-site solar electric generation system that satisfies the Opt-Out Requirements. The equitable servitude shall specify that in order to discontinue participation in the community shared solar and/or battery system, the building owner must satisfy the OptOut Requirements. The builder shall ensure that the equitable servitude provides the Administrator approved by the Commission the right to enforce the above provisions. The equitable servitude shall remain in force for a period of 20 years from the date of first participation of the building in the community shared solar and/or battery system. The equitable servitude shall not be revocable. The equitable servitude shall be delivered to all responsible parties through transfer disclosure statements.

ii. Other system . The Commission may

approve another program, structure or system by which an Administrator (or other entity approved by the Commission) ensures the requirements of this Section 10-115(a)4B will be satisfied for a Participation Period of no less than 20 years.

C. Compliance documentation. The Admin istrator shall maintain record(s) of the compliance documentation that determined the requirements for the on-site solar electric generation system and/or battery storage system to comply with the standards in effect at the time the builder applied for the original building permit, and which estab

lishes participants’ obligations to meet the Opt-Out Requirements. The Administrator shall provide a copy of this compliance documentation upon a participating building owner’s request, to every new owner of a participating building when the Administrator is notified that title has transferred, and to any participating building owner who requests to Opt-Out.

D. Building opt-out. At any time during the

Participation Period, a participating building owner shall have the option to discontinue the participation of the building in the community shared solar and/or battery storage system (“Opt-Out”) if the building satisfies the Opt-Out Requirements. i. Prior to Opt-Out, the building owner

shall demonstrate that they have installed such an on-site solar electric generation system and met the Opt-Out Requirements by providing documentation from the installer of the on-site solar system or an attestation of the building owner with supporting documentation. The building owner shall be responsible for all costs associated with documenting that the on-site solar generation system satisfies the Opt-Out Requirements. ii. Upon receiving documentation regard ing Opt-Out from a building owner, the Administrator shall compare the documentation to the compliance documentation specified in Section 10-115(a)4C and confirm whether, based on the documentation, the installed solar system meets or exceeds the Opt-Out Requirements. Within 30 days of a building owner providing documentation, the Administrator shall provide written confirmation to the building owner whether, based on the Administrator’s review of that documentation, the on-site solar generation system satisfies the Opt-Out Requirements. The Administrator may, at its discretion, verify the documentation through a physical inspection. The Administrator shall maintain record of the documentation that demonstrates and confirms the on-site solar generation system met the Opt-Out requirements for the remainder of the Participation Period. iii. Upon a building owner’s exercise of the

Opt-Out, all costs and benefits associated with participation in the community shared solar and/or battery storage system shall cease. If any balance of costs or benefits is owed to either party at the time of Opt-Out, such balance shall be paid to that party.

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iv. The Administrator [or other entity

approved by the Commission pursuant to Section 10-115(a)4Bii] shall not impose any penalty related to a participating building’s Opt-Out, or charge participants for recuperation of unrealized revenue that would have been expected to accrue beyond the end of participation. If the Administrator (or other entity approved by the Commission) plans to charge any other fees at the time of building Opt-Out, the Application for Commission Approval shall explain the purpose of those fees.

Additionality. The community shared solar electric generation system and/or community shared battery storage system shall provide the energy savings benefits specified in Section 10-115(a)3 exclusively to the participating building(s). Those energy savings benefits shall in no way be attributed to other purposes or transferred to other buildings or property.

A. The participating building(s) shall be

served primarily by renewable resources developed specifically for the community solar electric generation system.

B. Other renewable resources may be used

when participating buildings are permitted before the renewable resources developed for the program start operating or after they cease operating. During these times, other renewable resources may be used to meet the requirements of Section 10-115(a)4 for each participating building.

C. The renewable resources, including those

developed primarily to serve participating buildings and those utilized to serve participating buildings during the time periods described in Section 10-115(a)5B for the purpose of meeting the requirements of Section 10-115(a)4, shall meet the following requirement:

i. For each renewable resource used to

serve participating buildings, bundled Renewable Energy Credits (RECs), which satisfy the criteria of Portfolio Content Category 1, shall be retired and tracked in the Western Renewable Energy Generation Information System (WREGIS) on the behalf of program participants, to ensure that they will not be allocated to or used for any other purpose, including Renewable Performance Standard (RPS) compliance, resale of RECs or renewable generation to any other person or entity, or any other mandatory or voluntary renewable electricity program requirement or claim.

D. Renewable resources developed to serve

participating buildings may also be used to serve other loads when there is excess generation beyond what is needed to serve participating buildings. Any excess generation used for such other loads shall be isolated from the generation serving participating buildings, and shall not result in violation of Section 10-115(a)5C.

Location. The community shared solar electric generation system and/or community shared battery storage system shall be located on a distribution system of the load serving entity providing service to the participating buildings.
Size. The community shared solar electric generation system and/or community shared battery storage system shall not be served by any individual source larger than 20 MW.
Accountability and recordkeeping. Applicants for Commission approval of community shared solar electric generation systems and/or community shared battery storage systems shall be accountable to all parties who relied on these systems for partial or total compliance with the onsite solar electric generation and/or battery storage system that would otherwise be required, including but not limited to builders of the buildings, owners of the buildings, enforcement agencies and the Commission.

A. Each year beginning twelve months after

initial approval, the Administrator shall provide to the Commission a report demonstrating the previous year’s compliance with each requirement of Section 10-115.

B. Recordkeeping regarding compliance with

the requirements in Section 10-115(a) shall be maintained over the period of time specified in Section 10-115(a)4 for each building for which the community shared solar electric generation or battery storage system is used to demonstrate partial or total compliance. Access to these records shall be provided to any entity approved by the Commission for auditing compliance with these requirements.

(b) Application for commission approval. Any entity

may apply to the Commission for approval to administer a community shared solar electric generation or community shared battery storage system to provide partial or total compliance with the on-site solar electric generation system and/or battery storage system required by Section 150.1 of Title 24, California Code of Regulations, Part 6. Once approved, the entity shall be the Administrator of the community shared solar electric generation or community shared battery storage system.

The application shall demonstrate to the Commission’s satisfaction that each of the require

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Within 45 days of receiving a request for review, the Commission shall issue a written decision affirming or modifying the Executive Director's determination. If the Commission does not issue a written decision within 45 days, the request for review shall be deemed denied. The Administrator shall have the burden of proof to establish that its revised application should be approved.

(c)Executive director approval of revised applications.

The Administrator of an approved community shared solar electric generation system and/or community shared battery storage system shall submit a revised application demonstrating compliance with the Section 10-115 requirements to the Executive Director for approval, when:

A new renewable resource is proposed to be added to a community shared solar electric generation system and/or community shared battery storage system, and/or
The Commission modifies the requirements of Section 10-115 in a building standards rulemaking. Such modified requirements would not apply retroactively to the buildings for which building permit applications are submitted prior to the effective date of the modified standards or to the continued use of previously approved renewable resources developed to serve a community shared solar electric generation system and/or community shared battery storage system.

a building standards rulemaking. Such modified requirements would not apply retroactively to the buildings for which building permit applications are submitted prior to the effective date of the modified standards or to the continued use of previously approved renewable resources developed to serve a community shared solar electric generation system and/or community shared battery storage system.

Within 60 days of receiving a revised application, the Executive Director may either approve the revised application by letter if the Executive Director concludes that the requirements of Section 10115 will be met, request the Administrator to resubmit their revised application with changes, or disapprove the application. If the Executive Director disapproves the application, the applicant may request that the Commission review the Executive Director’s determination. The petition must be filed in writing in accordance with Title 20, California Code of Regulations, Section 1208 within 15 days of the date of the filing of the Executive Director's determination and must state the basis for requesting review of the Executive Director's determination.

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ments specified in Section 10-115(a) will be met and shall include detailed explanation of the actions that will be taken by the applicant to ensure that each requirement is met over the period of time specified in Section 10-115(a)4 for each building for which a partial or total offset is used to demonstrate compliance.

All applicants have the burden of proof to establish that their application should be granted.
Applications from public agencies shall be submitted to the Energy Commission only after public review through at least one public meeting within the jurisdiction of the public entity or service area of the load-serving entity and adoption by the public agency. The Commission shall have the authority to not approve any application that the Commission determines to be inconsistent with the requirements of Section 10-115.

HISTORY NOTE APPENDIX FOR CHAPTER 10

Administrative Regulations for the

California Energy Commission California Code of Regulations, Title 24, Part 1

uary 23, 2013, filed with the Secretary of State on January 28, 2013, and effective 30 days after filing with Secretary of State.

(CEC 01/12) A delayed effective date for the energy based provisions within the 2013 California Administrative Code was approved at the April 22, 2014 California Building Standards Commission meeting. The new effective date for these provisions is July 1, 2014.
(CEC 02/15) Updates to the administrative provisions for the California Energy Commission - Chapter 10, Sections 10-101, 10-102, 10-103, 10-105, 10-106, 10108, 10-109, 10-111, 10-113 and 10-114. Approved by the California Building Standards Commission on January 19, 2016, filed with the Secretary of State on January 26, 2016, and effective 30 days after filing with Secretary of State.
2018 Triennial Code Adoption Cycle (CEC 02/18) Amend Chapter 10, Article 1, Section 10-102, 10-103, 10-103.1, 10-103.2, 10-106, 10-109, 10-110, 10-111, 10-113; Added to Chapter 10, Article 1, Section 10115. Approved by the California Building Standards Commission on December 5, 2018, filed with the Secretary of State on December 7, 2018, and effective 30 days after filing with the Secretary of State pursuant to California Health and Safety Code, Section 18938.
Erratum to correct History Note format in Chapter 10: effective January 1, 2020.
(CEC 04/21) Amend Chapter 10, Article 1, Sections 10-102, 10-103, 10-103.1, 10-103.2, 10-109, 10-114, 10-115. Approved by the California Building Standards Commission on December 14, 2022, filed with the Secretary of State on January 6, 2022, and effective on January 1, 2023.

HISTORY:

The history notes for prior changes remain within the text of this code.

(CEC 1/97) Regular order by the California Energy Commission to amend Article 1, 1998 Energy Efficiency Standards. Filed with the secretary of state on December 3, 1997; effective January 22, 1998. Approved by the California Building Standards Commission on November 18, 1997.
(CEC-EF 1/01) Emergency adoption of AB 970 energy efficiency standards for residential and nonresidential buildings; CCR, Title 24, Parts 1 and 6. Approved by the California Building Standards Commission on January 31, 2001, and filed with the secretary of state on February 2, 2001, effective June 1, 2001.

Exception: Building energy efficiency standards compliance documentation submitted prior to June 1, 2001, using the Multiple Orientation Alternative to Section 151(c) shall be used to determine compliance through December 31, 2001.

(CEC 03/02) Approval of energy efficiency standards, which adopt by reference the National Fenestration Rating Council's (NFRC) 2002 window rating and labeling procedures; CCR, Title 24, Parts 1 and 6. Approved by the California Building Standards Commission on May 14, 2003, and filed with the Secretary of State on May 16, 2003. Effective June 14, 2003.
(CEC 01/03) 2005 building energy efficiency standards approved by the California Building Standards Commission on July 21, 2004, for publication in California Code of Regulations, Title 24, Parts 1 and 6; filed with the Secretary of State September 24, 2004; published April 1, 2005; effective October 1, 2005.
(CEC 01/07) Update of 2007 building energy efficiency standards in response to AB 32 (Nuñez, Chap. 488, Stats. of 2006) and SB 1 (Murray, Chap. 132, Stats. of 2006), approved by the California Building Standards Commission on September 11, 2008; filed with the Secretary of State September 12, 2008; effective 30 days after filing with the Secretary of State

[Health and Safety Code §18938(c)].

Erratum to change the effective date of the supplement published on January 1, 2009, from August 1, 2009, to January 1, 2010.
(CEC 01/12 & 02/12) Updates to the administrative provisions for the California Energy Commission Chapter 10, Sections 10-102, 10-103, 10-103A, 10103B, 10-104, 10-105, 10-106, 10-107, 10-109, 10110, 10-111, 10-112, 10-113 and 10-114, Approved by the California Building Standards Commission on Jan

10-32 2022 CALIFORNIA ADMINISTRATIVE CODE