Cal. Code Regs. Tit. 17, § 94804 - Certification Requirements

(a) Each manufacturer of an indoor air cleaning device subject to Section 94802 is required to submit an application for certification to the CARB Executive Officer, P.O. Box 2815, Sacramento, CA 95812, Attn: Indoor Air Cleaning Device Certification. The application may also be submitted by email at aircleaners@arb.ca.gov or via another CARB-approved method. Information submitted on the certification application must be true and correct. Applications may be submitted by a professional association or certification organization on behalf of a manufacturer, as long as all required information and signatures from the manufacturer and test laboratory representatives are included. Upon verification of compliance with the test methods described in Section 94805, from a laboratory meeting the performance specifications in Section 94805(d), CARB will issue an Executive Order that the indoor air cleaning device has completed certification for sale of the device within California. Certification will be granted to manufacturers, who have the responsibility to comply with all provisions of this article. An air cleaner manufacturer that makes medical claims for a device must submit evidence that the manufacturer has applied for FDA approval for that device prior to submitting an application for CARB certification.

(b) Any indoor air cleaning device using only mechanical filtration for pollutant removal, and any portable air cleaning device using only UVGI lamp(s), with or without mechanical filtration and no other electronic air cleaning technology, is exempt from the testing requirement for the ozone emission standard of 0.050 ppm as determined in Section 94805, based on their known de minimis ozone emissions. Verification of these exclusions from ozone emission testing will be made by the CARB Executive Officer based on the submission of product design specifications and documentation by the manufacturer, distributor, or retailer. Documentation to CARB shall include a description of the air cleaning performance technology employed, an exploded parts diagram, and a complete electrical safety report. For portable air cleaners using only UVGI lamp(s), the electrical safety report must also indicate the wavelength(s) of the UV lamp(s) used, the lamp manufacturer, and lamp model number. For these devices, instructions in the owner's or operations manual must state that replacement lamp(s) must be UVGI, as defined in Section 94801(a)(38), or the device will no longer be CARB compliant, as it may produce harmful ozone. Air cleaning devices using only mechanical filtration and those using only UVGI lamps, with or without mechanical filtration, shall be certified under ANSI/UL Standard 507, which is hereby incorporated by reference as defined in Section 94801. Multi-function devices that include an air cleaning component that would qualify as "mechanical filtration only" but would normally be tested for their electrical safety under another ANSI/UL Standard shall be tested for electrical safety under the applicable ANSI/UL Standard. Mechanical filtration-only devices certified to ANSI/UL Standard 507 or to another applicable ANSI/UL Standard for their electrical safety prior to the enactment of this regulation are eligible for certification without further testing provided documentation of compliance with ANSI/UL Standard 507 or the relevant ANSI/UL Standard is submitted and the model continues to comply with requirements of that standard. To be certified under this regulation, manufacturers of such indoor air cleaning devices must submit the information required in Sections 94804(c)(1) through 94804(c)(3) below, and Sections 94804(c)(4)(A) and 94804(c)(4)(F) below. These products are still subject to the labeling requirements specified in Sections 94806(b) and 94806(d).

(c) The application for certification of air cleaning devices other than those covered in Section 94804(b) above must include the information in subsections (c)(1) through (c)(5) below, and any other information deemed necessary by the CARB Executive Officer. If the requested information is not applicable to the indoor air cleaning device in question, the applicant must indicate "not applicable". If the Executive Officer concurs with the applicant's judgment, the Executive Officer may waive the requirement to provide the information requested.

(1) Manufacturer name, mailing address, physical address, phone number, email address, and website, and name and phone number of the primary contact person for purposes of this certification;

(2) Applicant or representative name, mailing address, physical address, phone number, and email address, if different from manufacturer;

(3) Indoor air cleaning device information:

(A) Brand name

(B) Model name

(C) Model number

(D) Serial number of devices submitted for testing (where applicable)

(E) Manufacture date of devices submitted for testing

(F) Model group, and other models included in model group, where applicable

(G) Discussion of the principles of operation and design

(H) Maintenance requirements

(I) Complete electrical safety test report

(J) Ozone test report for devices tested for ozone

(K) Owner's manual, operations manual, or installation manual

(L) Copy of the online directory listing from the testing laboratory verifying current certification

(M) Exploded parts diagram labelled in English

(4) Indoor air cleaning device test information:

(A) Test facility identification and proof of current Nationally Recognized Testing Laboratory (NRTL) accreditation

(B) Ozone emission concentrations for all units tested, as measured according to Section 94805, including both the 24-hour measurement as well as information regarding whether any transitory measurements exceeded 0.050 ppm

(C) Whether a device failed the ozone emission test for any reason during final certification testing, and if so, the reason (e.g., excess transitory excursions, motor failure during the test, device not received with packaging intact, electrical part overheated/unsafe to continue, etc.)

(D) Chain of custody of test device(s)

(E) Statement from the testing laboratory that the ozone emissions were determined in accordance with the protocols in Section 40 of ANSI/UL Standard 867 or, for in-duct air cleaning devices, Sections 7.5 and 7.6 of CSA C22.2 no. 187-20.

(F) Notification by a testing laboratory or certification organization of compliance with the electrical safety provisions of ANSI/UL Standard 867, CSA C22.2 no. 187-20, ANSI/UL Standard 507, or other applicable ANSI/UL Standard, as appropriate, for all units tested.

(5) Any additional information the laboratory needs to communicate.

(d) Written notification will be provided within 30 days of receipt indicating whether the certification application has been accepted for review or, if incomplete, what additional information is required. Within 30 days after application acceptance as complete, written notification of certification approval or disapproval will be provided. These time periods may be extended by the Executive Officer if deemed necessary because of extenuating circumstances.

(e) Notification must be provided to the Executive Officer within 30 days if the indoor air cleaning device fails any post-certification testing conducted to verify compliance with ANSI/UL Standard 867, CSA C22.2 no. 187-20, ANSI/UL Standard 507, or any other standard listed in section 94801(a)(3c) through 94801(a) (3l), whichever is applicable.

(f) Manufacturers must notify CARB if the certified device is subsequently changed in any way, other than minor cosmetic changes. If the original manufacturer of a certified device changes or a device is manufactured in a new production facility, the device must be recertified. A certified air cleaning device must also be recertified if it is sold under a different brand name or model number than the brand name and model number originally certified.

(g) CARB may revoke certification for any device deemed noncompliant in the future when tested according to procedures described in Section 94805, or if any other CARB certification requirements are no longer met.

Notes

Cal. Code Regs. Tit. 17, § 94804

1. New section filed 9-18-2008; operative 10-18-2008 (Register 2008, No. 38).
2. Amendment of subsections (b) and (c)(4)(E)-(F) 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; and 21 C.F.R. § 801.415.

1. New section filed 9-18-2008; operative 10-18-2008 (Register 2008, No. 38).
2. Amendment of subsections (b) and (c)(4)(E)-(F) 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).