Ohio Administrative Code
Title 109:4 - Consumer Protection
Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions
Section 109:4-3-14 - Insulation
Universal Citation: OH Admin Code 109:4-3-14
Current through all regulations passed and filed through September 16, 2024
(A) Definitions
(1) "Insulation" means, for purposes of this
rule, any material used primarily to retard or to resist heat flow, whether
mineral or organic, fibrous, cellular or reflective, or in rigid, semi-rigid,
flexible or loose-fill form.
(2)
"Manufacturer" means any supplier who processes any materials for the purpose
of making insulation.
(3)
"Installer" means any supplier who places or affixes, or contracts to place or
affix, insulation by any means in connection with a consumer transaction.
(4) "R-value" means resistance to
heat flow and is the reciprocal of thermal conductance.
(5) "ASTM" is the "American Society for
Testing and Materials."
(6)
"Label" means any information provided by a manufacturer either on or attached
to a package of insulation.
(7)
"Package" means a bag, drum, box, wrapping, or any container in which a
manufacturer provides insulation.
(8) "Vapor barrier" means any material used
to retard the migration of moisture vapor into building sections.
(B) It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for any supplier to make a representation:
(1) Concerning R-value at any thickness for
any type of insulation unless such representation is based upon the results of
testing of the supplier's insulation, conducted in accordance with the latest
existing ASTM testing standards, or comparable standards. Said testing shall
have been performed not more than sixty days prior to the making of any such
representation, provided, however, that such testing may be performed on an
annual basis so long as the supplier utilizes a quality control procedure which
is sufficient to insure that the insulation has an R-value which is identical,
within tolerances permitted by testing standards authorized by this rule, to
that of the insulation which was tested for R-value. The R-value represented
must equal the R-value of the insulation at the settled density or cured state;
(2) Concerning fire retardancy of
any type of insulation unless such representation is based upon the results of
testing of the supplier's insulation, conducted in accordance with the latest
existing ASTM standards, or comparable standards for fire retardancy. Said
testing shall have been performed not more than sixty days prior to the making
of any such representation, provided, however, that such testing may be
performed on an annual basis so long as the supplier utilizes a quality control
procedure which is sufficient to insure that the insulation is fire retardant
to the same extent as that insulation which was tested for fire retardancy;
(3) Concerning non-corrosiveness
of any type of insulation unless such representation is based upon the results
of testing of the supplier's insulation, conducted in accordance with the
latest existing ASTM testing standards, or comparable standards, for
corrosiveness. Said testing shall have been performed not more than sixty days
prior to the making of any such representation, provided, however, that such
testing may be performed on an annual basis so long as the supplier utilizes a
quality control procedure which is sufficient to insure that the insulation is
non-corrosive to the same extent as that insulation which was tested for
noncorrosiveness;
(4) That any
type of insulation is "fireproof";
(5) That specific amounts or percentages,
including ranges of amounts or percentages, of money or fuel have been or may
be saved as a result of the installation of insulation unless the supplier has
a reasonable basis for making the representation at the time it is made. Such
reasonable basis shall consist of information within the supplier's actual
knowledge which is based upon scientific or engineering data of such
reliability and validity which would cause a reasonable and prudent supplier to
believe that the representation is truthful, complete and applicable to the
insulation about which the representation is made. Whenever such a
representation is made, it shall be accompanied by a statement in the following
language: "DON'T EXPECT TO IMMEDIATELY SAVE AS MUCH MONEY AS IT COSTS TO
INSULATE. EXACT AMOUNTS OF SAVINGS CANNOT BE GUARANTEED. YOUR HEATING SYSTEM,
THERMOSTAT SETTING, WEATHERPROOFING, LIVING HABITS AND OTHER UNPREDICTABLE
FACTORS WILL AFFECT YOUR FUEL USAGE.";
(6) That tax benefits are available to a
consumer who purchases insulation unless such benefits have been legally
enacted, are in effect, and the consumer to whom the representation is made is
eligible to receive the benefits.
(C) It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for any manufacturer of insulation to:
(1) Fail to
label each package of insulation with the following information:
(a) The name and address of the manufacturer
and the brand name and type of insulation contained in the package;
(b) For batts, blankets or boardstock, the
R-value, the thickness in inches necessary to obtain the stated R-value, and
except for boardstock, the square footage covered by each package and the
dimensions of the insulation;
(c)
For all loose-fill insulation, the R-value, the thickness and weight per square
foot necessary to obtain the stated R-value and the square feet covered by each
package;
(d) For aluminum foil,
the number of foil sheets, the number and thickness of the air spaces, and the
R-value provided when the direction of heat flow is up, down and horizontal;
(e) For sprayed-in-place foam, the
R-value, the thickness in inches necessary to obtain the stated R-value and the
pounds per cubic foot at the stated R-value.
(2) Except for sales to installers, fail to
provide the following statements clearly and conspicuously on the label of each
package of insulation:
(a) "ASK FOR THE
MANUFACTURER'S INSULATION FACT SHEET.";
(b) If installation instructions are included
with the package, "THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED
R-VALUE. IF YOU INSTALL IT YOURSELF, FOLLOW INSTRUCTIONS CAREFULLY.";
(c) If no instructions are
included with the package, "THIS INSULATION MUST BE INSTALLED PROPERLY TO GET
THE MARKED R-VALUE. IF YOU INSTALL IT YOURSELF, GET INSTRUCTIONS AND FOLLOW
THEM CAREFULLY. INSTRUCTIONS DO NOT COME WITH THE PACKAGE.";
(d) If a full warranty under the
Magnuson-Moss Warranty Federal Trade Commission Improvements Act, 88 Stat.
2183, 15 U.S.C. 2301 et seq., is given, "THE MANUFACTURER
WARRANTS THIS PRODUCT FULLY.";
(e)
If a limited warranty under the Magnuson-Moss Warranty Federal Trade Commission
Improvements Act, 88 Stat. 2183,
15 U.S.C. 2301 et seq., is given, "THIS PRODUCT HAS A
LIMITED WARRANTY. THE MANUFACTURER WARRANTS THIS PRODUCT SUBJECT TO CERTAIN
CONDITIONS AND EXCEPTIONS. ASK THE SELLER FOR A COPY OF THE WARRANTY.".
(3) Fail to provide to
any supplier in sufficient quantity to insure distribution to each ultimate
consumer who purchases the manufacturer's insulation a form designated
"MANUFACTURER'S INSULATION FACT SHEET" which clearly and conspicuously provides
the following information:
(a) The name and
address of the manufacturer and the brand name and type of insulation contained
in the package;
(b) In
twelve-point type, the statement, "THIS FACT SHEET CONTAINS IMPORTANT DETAILS
ABOUT __________ INSULATION. READ IT CAREFULLY." (Fill in the blank with the
type of insulation covered by the fact sheet [for example, "loose-fill
cellulose," "urea-formaldehyde foam"]);
(c) For batts, blankets or boardstock, a
chart showing the R-value of the insulation, the thickness in inches necessary
to obtain the stated R-value, and except for boardstock, the square footage
covered by each package, and the dimensions of the insulation;
(d) For all loose-fill insulation, a chart
showing the R-value, the thickness and weight per square foot necessary to
obtain the stated R-value and the square feet covered by each package;
(e) For aluminum foil, a chart
showing the number of foil sheets, the number and thickness of the air spaces,
and the R-value provided when the direction of heat flow is up, down and
horizontal;
(f) For
sprayed-in-place foam, a chart showing the R-value, the thickness in inches
necessary to obtain the stated R-value and the pounds per cubic foot at the
stated R-value;
(g) For batts,
blankets, loose-fill mineral wool, cellulose or any other insulation the
R-value of which is reduced by moisture build-up, after the charts required by
paragraphs (C)(3)(c) or (C)(3)(d) of this rule, the statement, "THIS INSULATION
MUST BE INSTALLED PROPERLY TO GET THE MARKED R-VALUE. READ AND FOLLOW
INSTALLATION INSTRUCTIONS CAREFULLY IF YOU PLAN TO INSTALL THE INSULATION
YOURSELF. FOLLOW THE CHART ON THIS FACT SHEET TO OBTAIN THE RIGHT THICKNESS FOR
THE MARKED R-VALUE, THEN FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY. MOISTURE
BUILD-UP IN THIS PRODUCT WILL REDUCE THE MARKED R-VALUE. YOU MAY NEED A VAPOR
BARRIER TO PREVENT MOISTURE BUILD-UP.";
(h) For aluminum foil or boardstock, after
the charts required by paragraph (C)(3)(c) or (C)(3)(e) of this rule, the
statement, "THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED
R-VALUE. OBTAIN AND FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY IF YOU PLAN TO
INSTALL THE INSULATION YOURSELF.";
(i) For sprayed-in-place foam, after the
chart required by paragraph (C)(3)(f) of this rule, the statement, "THIS
INSULATION MUST BE INSTALLED PROPERLY. BOTH CHEMICAL MIX AND APPLICATION SHOULD
BE DONE BY A TRAINED, QUALIFIED INSTALLER. PROPER VENTILATION IS NECESSARY TO
REDUCE FUMES AND ODORS WHICH MAY RESULT FROM INSTALLATION. THIS INSULATION
SHRINKS AFTER INSTALLATION. EXCESS SHRINKAGE WILL RESULT IN A LOWER R-VALUE
THAN SHOWN ON THE CHART ABOVE. TEMPERATURE, HUMIDITY AND OTHER FACTORS AT THE
TIME OF INSTALLATION ARE IMPORTANT IN THE PREVENTION OF SHRINKAGE. THIS
INSULATION IS NOT RECOMMENDED FOR INSTALLATION IN ANY ATTIC OR ANY OTHER OPEN
AREA.";
(j) After the statements
required by paragraphs (C)(3)(g) to (C)(3)(i) of this rule, the statement,
"READ THIS CAREFULLY BEFORE BUYING. THE CHART ON THIS FACT SHEET SHOWS THE
R-VALUE OF THIS INSULATION. A HIGHER R-VALUE NUMBER MEANS A GREATER RESISTANCE
TO HEAT FLOW. THE AMOUNT OF INSULATION YOU NEED DEPENDS UPON THE CLIMATE IN
WHICH YOU LIVE, YOUR LIVING HABITS, YOUR HEATING SYSTEM, YOUR THERMOSTAT
SETTING, HOW WELL YOUR HOUSE IS WEATHERPROOFED, AND OTHER FACTORS. INSULATION
PLACED TOO NEAR ELECTRICAL HEAT SOURCES MAY CAUSE FIRE. FOLLOW INSTALLATION
INSTRUCTIONS CAREFULLY. TO AVOID EXCESS MOISTURE BUILD-UP, PROPER VENTILATION
OF A HOME IS IMPORTANT FOLLOWING INSTALLATION OF THIS PRODUCT".
(k) After the information required by
paragraphs (C)(3)(a) to (C)(3)(j) of this rule, the following information:
(i) If a full warranty under the
Magnuson-Moss Warranty Federal trade Commission Improvements Act, 88 Stat.
2183, 15 U.S.C. 2301 et seq., is given, "THE MANUFACTURER
WARRANTS THIS PRODUCT FULLY.";
(ii) If a limited warranty under the
Magnuson-Moss Warranty Federal Trade Commission Improvements Act, 88 Stat.
2183, 15 U.S.C. 2301 et seq., is given, the statement, "THIS
PRODUCT HAS A LIMITED WARRANTY. THE MANUFACTURER WARRANTS THIS PRODUCT SUBJECT
TO CERTAIN CONDITIONS AND EXCEPTIONS. READ THE WARRANTY CAREFULLY.";
(l) After the information required
by paragraphs (C)(3)(a) to (C)(3)(k) of this rule, the full text of any
warranty provided by the manufacturer. (4) Fail to provide to any supplier in
sufficient quantity to insure distribution to each ultimate consumer who
purchases the manufacturer's insulation, a form designated "CONSUMER
INFORMATION CARD" for completion and placement by installers of the
manufacturer's insulation as required by paragraph (E)(3)(b) of this rule.
(D) It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for any supplier to:
(1) Fail to provide to another supplier who
obtains insulation from him, any materials provided by a manufacturer pursuant
to the requirements of paragraphs (C)(3) and (C)(4) of this rule;
(2) Fail to provide to a consumer, prior to
the consumer's purchase of insulation, the "MANUFACTURER'S INSULATION FACT
SHEET" required by paragraph (C)(3) of this rule;
(3) Without the permission of the
manufacturer, supply a consumer with any package of insulation the contents of
which have been removed or altered.
(E) It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for an installer of insulation to:
(1) Prior to the
time of contracting, fail to provide the consumer with a written list
containing the following information:
(a) All
warranties given by the installer, including any limitations thereon;
(b) That subcontractors will be
used by the installer if such is the case;
(c) Whether the installer is insured under
appropriate workers' compensation laws and against liability for damages;
(d) Whether the installer has met
all applicable licensing and/or bonding requirements pursuant to law.
(2) At the time of
contracting, fail to provide the consumer with a written contract containing
the following information:
(a) The
installer's business name, address and telephone number;
(b) The anticipated completion date of the
contract;
(c) The type and brand
name of insulation to be installed;
(d) The total number of square feet to be
covered and the overall R-value after installation, the thickness in inches,
and the number of packages to be used for each type of insulation to be
installed;
(e) The total contract
price;
(f) In twelve-point type,
the statement, "YOU HAVE SPECIFIC RIGHTS UNDER OHIO MECHANIC'S LIEN STATUTES.
IF YOU HAVE ANY QUESTIONS CONCERNING THESE RIGHTS BEFORE, DURING OR AFTER
INSTALLATION UNDER THIS CONTRACT, YOU ARE ADVISED TO CONSULT YOUR LAWYER.";
(g) The specific method of
installation which will be used by the installer, including specific
information about the work to be performed, materials to be used, and any
alteration of the consumer's property necessitated by installation;
(h) The information required by paragraph (E)
(1) of this rule.
(3)
At the time of completion of installation, fail to:
(a) To the extent that the supplier has
affected the consumer's property, return the consumer's property to
substantially the same condition in which it was found prior to installation;
(b) Provide the consumer with the
"CONSUMER INFORMATION CARD" required by paragraph (C)(4) of this rule, to be
placed by the installer conspicuously on or adjacent to the consumer's electric
service panel, or in another location in the consumer's residence if required
by federal law, with notice of such placement to the consumer, stating the
brand name and type of insulation installed, the parts of the house insulated,
the R-value of insulation installed, the date of installation, and the
following information:
(i) For
sprayed-in-place foam, the weight in pounds per cubic foot at which the foam
was installed and the outside temperature at the time of installation;
(ii) For aluminum foil, the number
and thickness of air spaces and the direction of heat flow;
(iii) For batts, blankets, and loose-fill
insulation, the number of packages used;
(4) At any time, sell or provide to a
consumer for any purpose other than installation by the installer any package
of insulation not labeled according to the requirements of paragraph (C)(2) of
this rule.
(F) Where testing under this rule requires the use of ASTM or comparable standards and testing methods, the standards and testing methods to be used shall be the latest generally accepted testing methods in the industry at the time that any such tests are conducted. Any applicable standard adopted by an agency of the federal government shall be deemed for the purposes of this rule to be a comparable standard. In the event that a supplier elects to use any standard other than an ASTM standard, or an adopted federal standard, the supplier shall retain all data which tend to show that said standard is the latest generally accepted standard in the industry at the time any testing is conducted and that the testing was conducted in conformity with that standard.
(G) Nothing in this rule shall be deemed to be in conflict with any federal statutory or regulatory requirement, and all requirements of this rule are in addition to the requirements of any federal statute or regulation either existing or to become effective at any future date. A supplier who provides any disclosures required by or under any federal law, trade regulation rule or guide adopted by the federal trade commission under the Federal Trade Commission Act, 38 Stat. 717 (1914), 15 U.S.C. 41, as amended, which apply to the advertisement, sale or installation of insulation in connection with a consumer transaction, and which are substantially similar to the disclosures required by this rule, shall be deemed to comply with requirements of this rule with respect to form and language, including the disclosure requirements contained in paragraphs (B)(5), (C)(2) and (C)(3) of this rule, so long as the language mandated by such federal law, trade regulation rule or guide provides at least equal information to the consumer.
Five Year Review (FYR) Dates:
10/06/2014 and
10/06/2019
Promulgated
Under: 119.03
Statutory
Authority: 1345.05
Rule
Amplifies: 1345.02
Prior
Effective Dates: 11/12/2004,
7/18/2009
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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