Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Upon the effective date of section 10-103.3 in Part 1 of
Title 24 of the California Code of Regulations, the following amended version
of this section will become effective, replacing the version above.
(a) Training and Certification Procedures for
Raters. Each Provider shall conduct the following Rater training and
certification procedures.
(1) Each Provider's
training program shall include classroom and field training of applicants for
California Whole-House Home Energy Rater certifications, incorporating training
in analysis, theory, and practical application in at least the following areas:
(A) Home energy consumption and efficiency
data collection, organization and analysis.
(B) Principles of heat transfer.
(C) Building energy feature design and
construction practice, including construction quality assurance, on-site
renewable generation, and "house as a system" concepts.
(D) Safety practices relevant to home energy
auditing procedures and equipment.
(E) Home energy audit procedures.
(F) Energy efficiency effects of building
site characteristics.
(G) Types and
characteristics of space heating, space cooling, service hot water, and hard
wired lighting systems.
(H)
Mathematical calculations necessary to utilize the Rating System.
(I) The modeling and use of Energy
Commission-approved HERS software required to produce a California Whole-House
Home Energy Rating or a California Home Energy Audit and the associated
California Home Energy Rating Certificate, California Home Energy Audit
Certificate and HERS Report in accordance with the algorithms, procedures,
methods, assumptions, and defaults specified in the HERS Technical
Manual.
(J) Methods of
cost-effectiveness analysis including interest and discount rates, cost-benefit
ratios, life cycle cost analysis, calculation of present value, cash flow
analysis, payback analysis, and cost estimation.
(K) The function and proper use of diagnostic
devices including but not necessarily limited to: duct leakage testing
equipment, blower doors, and air flow and pressure measurement
devices.
(L) Construction types,
equipment types, and their associated energy efficiency
ramifications.
(M) Interpretation
of prioritized recommendations for efficiency improvements and customized
adjustment procedures for specific occupants.
(N) The behavioral, psychological, cultural,
and socioeconomic influences on energy consumption of home occupants in the
United States and California.
(O)
California Home Energy Rating System Program requirements specified in these
regulations.
(2)
California Home Energy Inspector applicants shall not be required to be trained
by the Provider in areas indicated in Sections
1673(a)(1)(H), (I), (J), (K), (M), and
(N) but shall be required to receive specific
training in the areas indicated in Sections
1673(a)(1)(A) through
(G) and general training in Sections
1673(a)(1)(L) and
(O).
(3) California Home Energy Analysts
applicants shall not be required to be trained by the Provider in Sections
1673(a)(1)(D) and
(K) but shall be required to receive specific
training in Sections
1673(a)(1)(G), (H), (I), and
(J) and general training in Sections
1673(a)(1)(A) to (C), (E), (F), and (L) to
(Q).
(4) The training for all certifications and
Raters shall include thorough instruction in using the Provider's Rating System
and database.
(5) The training
shall require California Whole-House Home Energy Rater applicants to
satisfactorily perform a rating for at least one home that includes field
verification and diagnostic testing in the presence and under the direct
supervision of the Provider's trainer or Quality Assurance Reviewer. The
Provider shall review and approve these ratings for accuracy and
completeness.
(6) The Provider
shall require each applicant to take an Energy Commission-approved written and
practical test that demonstrates their competence in all subjects specified in
Section 1673(a)(1). The
Provider shall retain all results of these tests for five years from the date
of the test.
(7) Each Provider may
establish an Energy Commission-approved challenge test that evaluates
competence in each area addressed by the Provider's training program. If a
Rater applicant successfully passes this challenge test, the Provider may waive
the classroom training requirement and the written and practical test
requirements for that applicant. An applicant who passes this challenge test
shall also successfully meet the requirements specified in Section
1673(a)(5).
(8) Programs incorporating Building
Performance Contractors shall provide specific training in all areas specified
in Section
1673(a)(1). These
programs shall be submitted by the Provider for individual review and approval
by the Energy Commission.
(b) Rater Agreements. As a condition of Rater
registry under Section
1673(d), each
Provider shall ensure that a Rater applicant who has met the applicable
requirements of Section
1673(a) has
entered into an agreement with the Provider to provide home energy rating
services in compliance with these regulations. The agreement shall require
Raters to:
(1) Provide home energy rating
services in compliance with these regulations.
(2) Provide true, accurate, and complete
data, analysis, and ratings.
(3)
Not accept payment or consideration in exchange for reporting data gathered for
a rating, analytical results used for a rating, or a rating result that was not
in fact conducted and reported in compliance with these regulations.
(4) Comply with the conflict of interest
requirements as specified in Section
1673(i).
(c) Building Performance
Contractor Agreements. To be certified and registered as a Building Performance
Contractor, a Provider shall ensure that a Building Performance Contractor
applicant has entered into an agreement with the Provider to provide home
energy rating services in compliance with these regulations. The agreement
shall require Building Performance Contractors to:
(1) Be current and active licensed Class B
general building contractors and agree to abide by the laws and regulations of
the California Contractors State License Board, including, but not limited to,
complying with advertising requirements, home improvement contract
requirements, and use of properly licensed subcontractors.
(2) Provide home energy rating services in
compliance with these regulations.
(3) Provide home energy rating services under
these regulations only with Raters certified under an Energy
Commission-approved Building Performance Contractor program pursuant to Section
1674(e).
(4) Comply with requirements for the issuance
of building permits, state and local building codes, and the other requirements
of Section 7110 of the Contractor's License Law (Business and Professions
Code).
(5) Notify the Provider of
any citation, suspension, or revocation actions by the California Contractors
State License Board against the contractor.
(d) Rater and Building Performance Contractor
Registry. As a condition of Rater registry, each Provider shall certify to the
Energy Commission that a Rater applicant has met the requirements of Section
1673(a) and
entered into an agreement meeting the requirements of Section
1673(b). As a
condition of Building Performance Contractor registry, each Provider shall
certify to the Energy Commission that the applicant has met the definition of a
Building Performance Contractor and entered into an agreement meeting the
requirements of Section
1673(c). The
Provider shall maintain a registry of all Raters, persons, or firms that meet
these requirements, provide an electronic copy of the registry to the Energy
Commission, and make that registry available in printed or electronic form upon
written request.
(e) Data
Maintenance.
Each Provider shall record and maintain for a period of ten
years all data collected for a rating if the data is listed as a required or
optional input for the rating in question. This requirement shall apply to data
collected from a site visit, from the plans for a newly constructed building,
or from a utility bill analysis. All required or optional outputs generated for
a rating shall also be recorded.
(f) Data Submittal. Upon the Energy
Commission's request, but not more frequently than annually, a Provider shall
submit to the Energy Commission information recorded pursuant to Section
1673(e) and
provide the Energy Commission ongoing access to the Provider's database. If the
Energy Commission makes this information public, it will be in an aggregated
form only.
(g) Training Materials
Retention. Each Provider shall retain for at least five years after the last
date they are used, at least one copy of all materials used to train
Raters.
(h) Quality Assurance. Each
Provider shall have a quality assurance program that provides for at least the
following:
(1) Quality Assurance Staff. The
Provider shall have a designated Quality Assurance Manager to oversee the
quality assurance process. The Quality Assurance Manager shall appoint as many
Quality Assurance Reviewers as necessary to assist with the completion of the
tasks outlined in this Subsection
1673(h). The
qualifications of the Quality Assurance Manager and the Quality Assurance
Reviewers shall be submitted to the Energy Commission.
(2) Initial Review. The Provider shall review
and approve for accuracy and completeness the rating documentation for at least
the first five homes which a Rater performs after completion of the
requirements specified in Section
1673(a)(1)
through Section
1673(a)(6), not
including those homes rated under the Provider's direct supervision as
specified in Section
1673(a)(6).
(3) Quality Assurance for California
Whole-House Home Energy Raters.
(A) For each
Rater, the Provider shall annually evaluate the greater of one rating, randomly
selected or one percent of the Rater's past 12 months' total number of ratings
(rounded up to the nearest whole number) for each measure tested by the Rater.
For Raters that have had at least one quality assurance evaluation for any
measure in the past 12 months, this evaluation shall only be required to be
done for those measures that have been tested by the Rater at least 10 times in
the past 18 months. The Provider shall independently repeat the rating to check
whether the rating was accurately completed by the Rater, and determine whether
information was completely collected and reported. The Provider also shall
conduct the same check on one percent of all ratings conducted through the
Provider, selected randomly from the Provider's entire pool of ratings on an
ongoing basis. For Energy-Rated Homes using the Building Performance Contractor
exception to Section
1673(i)(3), at
least five percent of the Energy-Rated Homes shall be evaluated by a Quality
Assurance Reviewer.
(B) Raters
shall not be informed that a building or installation will be field checked
until after they have completed the original rating. The field check shall
occur after the submission and distribution of the HERS Report for a home
energy rating.
(C) These
evaluations by the Provider's Quality Assurance personnel shall be documented
in the Provider's database and include the results of all testing performed by
the Provider's Quality Assurance personnel. If the Provider's Quality Assurance
personnel determine that the Rater's results did not meet the criteria for
truth, accuracy, or completeness of these regulations, then the Provider shall
report the quality assurance failure on the Provider's Rater registry and
Building Performance Contractor registry websites for a period of six months.
In addition, the Provider's Quality Assurance personnel shall evaluate two
additional ratings of the failed measure by the same Rater performed in the
past 12 months. If a second deficiency is found, then the Rater shall have two
percent (rounded up to the nearest whole number) of his or her ratings of the
failed measure evaluated for the next 12 months by all Providers. The
Provider's Quality Assurance Manager shall notify other Providers in writing or
by electronic mail of Raters that are required to have additional quality
assurance verification as required by this provision.
(4) Additional Quality Assurance for Unrated
or Untested Buildings or Installations.
(A)
For houses or installations passed as part of a sampling group but not
specifically field verified or rated by a Rater, the greater of one house or
installation or one percent of all unrated or untested buildings or
installations in groups sampled by the Rater shall be independently rated or
field verified by the Provider's Quality Assurance personnel.
(B) These quality assurance verifications
shall be blind tests in that the Provider shall not inform the installer,
builder, or the Rater that the specific building or installation will be
verified.
(C) The results of these
quality assurance verifications shall be entered into the Provider's database.
The Provider shall summarize the results of these quality assurance
verifications and submit them to the Energy Commission on an annual basis and
provide the Energy Commission with ongoing access to the database and
associated summaries of the results of these verifications.
(5) Complaint Response System.
Each Provider shall have a system for receiving complaints. The Provider shall
respond to and resolve complaints related to ratings services and reports.
Providers shall ensure that Raters inform purchasers and recipients of ratings
services about the complaint system. Each Provider shall retain all records of
complaints received and responses to complaints for five years after the date
the complaint is presented to the Provider and annually report a summary of all
complaints and action taken to the Executive Director.
(i) Conflict of Interest.
(1) Providers shall be independent entities
from Raters.
(2) Providers and
Raters shall be independent entities from the builder and from the
subcontractor installer of energy efficiency improvements.
(3) Providers and Raters shall be independent
entities from any firm or person that performs work on the home for a
California Home Energy Audit or a California Whole-House Home Energy Rating.
EXCEPTION to Section
1673(i)(3):
California Whole-House Home Energy Raters, who are working as or for a Building
Performance Contractor certified under an Energy Commission-approved Building
Performance Contractor program as part of a Provider's Rating System as
specified in Section
1674(e) of the
regulations and in the HERS Technical Manual, shall not be required to be an
independent entity from the person(s) or firm(s) performing the work on a
home.
(j) Improvement
Measures Cost Database. Each Provider shall develop and maintain a database of
the cost of implementing the efficiency improvement measures specified in the
HERS Technical Manual. The database shall contain statewide standardized cost
values and regional adjustment factors.
Note: Authority cited: Sections
25213
and
25942,
Public Resources Code. Reference: Section
25942,
Public Resources Code.
