Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For the purpose
of this article, the following definitions apply:
(1) "Air exchange rate" means the rate at
which outdoor air replaces the volume of indoor air within a given
space.
(2) "ANSI" means American
National Standards Institute.
(3a)
"ANSI/UL Standard 507" means the version of ANSI/UL Standard 507 for Safety for
Electric Fans, Tenth Edition, published on November 09, 2017, and revised on
November 15, 2018.
(3b) "ANSI/UL
Standard 867" means the version of ANSI/UL Standard 867 for Electrostatic Air
Cleaners, Fifth Edition, published on August 04, 2011, and revised on August
07, 2018.
(3c) "ANSI/UL Standard
484" means the version of the ANSI/UL Standard for Safety for Room Air
Conditioners, Ninth Edition, dated February 7, 2014, and revised on September
06, 2018.
(3d) "ANSI/UL Standard
1278" means the version of ANSI/UL Standard for Safety for Movable and Wall- or
Ceiling-Hung Electric Room Heaters, Fourth Edition, dated March 21, 2014, and
revised on August 20, 2018.
(3e)
"ANSI/UL Standard 1017" means the version of the ANSI/UL Standard for Safety
for Vacuum Cleaners, Blower Cleaners, and Household Floor Finishing Machines,
Tenth Edition, dated September 15, 2017, and revised on July 19,
2018.
(3f) "ANSI/UL Standard 1993"
means the version of the ANSI/UL Standard for Safety for Self-Ballasted Lamps
and Lamp Adapters, Fifth Edition, dated January 27, 2017, and revised on August
06, 2018.
(3g) "ANSI/UL Standard
73" means the version of the ANSI/UL Standard for Motor-Operated Appliances,
Tenth Edition, dated March 02, 2011, and revised on August 08, 2018.
(3h) "ANSI/UL Standard 153" means the version
of the ANSI/UL Standard for Portable Electric Luminaires, Thirteenth Edition,
dated March 03, 2014, and revised on July 27, 2018.
(3i) "ANSI/UL Standard 998" means the version
of the ANSI/UL Standard for Humidifiers, Fifth Edition, dated April 25, 2011,
and revised on April 04, 2016.
(3j)
"ANSI/UL Standard 1995" means the version of the ANSI/UL Standard for Heating
and Cooling Equipment, Fifth Edition, dated July 31, 2015, and revised on
August 17, 2018.
(3k) "ANSI/UL
Standard 1598" means the version of the ANSI/UL Standard for Luminaires, Fourth
Edition, dated August 28, 2018.
(3l)
"ANSI/UL Standard 49" means the version of the ANSI/UL Standard for Electric
Heating Appliances, Fourteenth Edition, dated November 07, 2014, and revised on
February 23, 2017.
(4) "CARB" means
the California Air Resources Board.
(5) "Certification mark" means the symbol
used by a recognized testing organization to indicate that a representative
sample of the product bearing the symbol meets certain quality or safety
criteria. For this regulation the organizations of interest are the Nationally
Recognized Testing Laboratories (NRTL) that verify compliance with the
applicable ANSI/UL or CSA Standards for indoor air cleaning devices.
(6) "CCR" means the California Code of
Regulations.
(7) "CFR" means the U.
S. Code of Federal Regulations.
(8)
"CSA" means the Canadian Standards Association.
(9) "CSA C22.2 no. 187-20" means the version
of the CSA Standard for Electrostatic Air Cleaners posted on January 21,
2020.
(10) "Concentration" means
the amount of a specified substance in a unit amount of another
substance.
(11) "de minimis" refers
to a quantity so little, small, miniscule or tiny that the law does not refer
to it and will not consider it.
(12) "Distributor" means any person to whom
an indoor air cleaning device is sold or supplied for the purposes of resale or
distribution in commerce.
(13)
"Dual-function" means any electronic device that includes an air cleaning
component in addition to its primary function.
(14) "Emission" means the release or
discharge of a substance into the environment.
(15) "Executive Officer" means the Executive
Officer of the Air Resources Board or the Executive Officer's
designee.
(16) "Half-life" means
the time required for the concentration of a substance to be reduced to half of
its initial value.
(17) "Indoor air
cleaning device" means an energy-using product whose stated function is to
reduce the concentration of airborne pollutants, including but not limited to,
allergens, microbes (e.g., bacteria, fungi, viruses, and other microorganisms),
dusts, particles, smoke, fumes, gases or vapors, and odorous chemicals, from
the air entering or inside an enclosed space, (including but not limited to,
rooms, houses, apartments, stores, offices, vehicles), and the air surrounding
a person. Such devices include, but are not necessarily limited to, devices of
any size intended for cleaning the air nearest a person, in a room of any size,
in a whole house or building, or in a vehicle; and devices designed to be
attached to or inserted into a window, wall, ceiling, post, duct, or other
indoor surface; and personal air cleaning devices.
(18) "In-duct air cleaner" means an
energy-using air cleaning device within a heating, air-conditioning, and/or
ventilation system for an enclosed space.
(19) "Industrial use" or "industrial
application" means the use of an ozone-producing air cleaning device in the
following manner:
(A) destruction of microbes
on produce in an agricultural processing plant, refrigerated transport truck,
or related facility, provided no people are physically present.
(B) chemical oxidation and disinfection in
the electronics, pharmaceutical, biotechnology and chemical industries,
provided no people are physically present.
(C) odor and smoke control in the hotel
industry, for intermittent and temporary use, carried out by trained personnel,
and provided no people are physically present.
(D) mold, odor, fire and smoke damage
remediation services, carried out by trained personnel, and provided no people
are physically present.
(E) odor
control in the motor vehicle reconditioning and detailing industry, carried out
by trained personnel, and provided no people are physically present.
(F) odor control in mausoleums, carried out
by trained personnel, and provided no people are physically
present.
(20) "Label"
means an area containing the required statement in an easily readable format,
separate from unrelated text. This is printing on the product packaging, or,
for air cleaners sold prior to October 1, 2012, may be an adhesive
sticker.
(21) "Listing mark" means
the symbol used by Underwriters Laboratories, Inc. to indicate that a
representative sample of the product bearing the symbol meets certain UL
quality or safety criteria. For this regulation, the organizations of interest
are the Nationally Recognized Testing Laboratories (NRTL) that verify
compliance with the applicable ANSI/UL or CSA Standards for indoor air cleaning
devices.
(22) "Manufacturer" means
any person who imports, manufactures, assembles, produces, or packages an
indoor air cleaning device.
(23)
"Medical device" means "device" as defined in subsection (h) of Section
321 of Title 21 of the United
States Code.
(24) "Mechanical
filtration only" means removal of contaminants from air only via filtration
with physical barrier, non-electronic techniques, i.e. air is forced through a
filter medium. Materials used in the construction of the filter media may
include substances such as activated charcoal, paper, foam, synthetics,
ceramics, or natural fibers.
(25)
"Model group" means indoor air cleaning devices sharing the same design,
operational features, device output, and performance characteristics, and
manufactured by the same manufacturer. Units in the same model group may be
marketed under different brand names. Units that differ only in decorative
treatments such as color, remote control, or other cosmetic features not
potentially related to ozone output would belong to the same model
group.
(26) "NIST" means the U. S.
National Institute of Standards and Technology.
(27) "Non-medical device" means any indoor
air cleaning device that does not meet the definition of "medical device"
above.
(28) "NRTL" means Nationally
Recognized Testing Laboratory, as recognized by U. S. OSHA per section
1910.7 of Title 29 of the Code of
Federal Regulations.
(29) "OSHA"
means U. S. Occupational Safety and Health Administration.
(30) "Packaging" means the materials around
the consumer or institutional product which serve only to contain, enclose,
incorporate, deliver, dispense, wrap or store the product. "Packaging" includes
any article onto or into which the principal display panel and other
accompanying literature or graphics are incorporated, etched, printed or
attached. "Packaging" does not refer to a secondary container used for shipping
purposes, unless it is the only packaging used for the product.
(31) "Permanent filter" means a filter which
cannot be removed by a consumer or testing laboratory and is physically capable
of functioning effectively for the stated or intended lifetime of the
device.
(32) "Personal air cleaning
device" means a device intended to clean the air surrounding a person. It may
be worn on, or carried by, a person in any way, including but not necessarily
limited to, around the neck, or in a pocket, purse, or similar item.
(33) "ppm" is a unit of concentration measure
meaning parts per million by volume. For the purposes of this regulation the
volume considered is air and the substance of interest is ozone.
(34) "Retailer" means any person who sells,
supplies, or offers for sale, indoor air cleaning devices, directly to
consumers.
(35) "Supply" means to
make available for purchase or use.
(36) "UL" means Underwriters Laboratories,
Inc.
(37) "U. S." means United
States of America.
(38) "UVGI", for
the purposes of this regulation, means ultraviolet germicidal irradiation and
is ultraviolet (UV) light from a lamp that only emits wavelengths greater than
240 nanometers (nm), and produces no measureable ozone.
1.
Amendment of subsection (a)(3b), new section filed 9-18-2008; operative
10-18-2008 (Register 2008, No. 38).
2. New subsections
(a)(3c)-(a)(3f) and amendment of subsections (a)(16)-(17) and (a)(20) filed
9-9-2010; operative 10-9-2010 (Register 2010, No. 37).
3. Amendment
filed 9-8-2020; operative 10-1-2020 pursuant to Government Code section
11343.4
(Register 2020, No. 37).
Note: Authority cited: Section
41986,
Health and Safety Code. Reference: Sections
41985,
41985.5
and
41986,
Health and Safety Code; 21
C.F.R. §
801.415;
29 C.F.R. §
1910.7; and
21 U.S.C. §
321(h).