Sec.21a-86a-3. Certification

(a) No person may sell, offer for sale or install any new showerhead, urinal, faucet or replacement aerator on and after October 1, 1990, or any new tank-type toilet, flushometer-tank toilet, flushometer-valve toilet, electromechanical hydraulic toilet or any other toilet that uses water on and after January 1, 1992 unless such showerhead, urinal, faucet, replacement aerator, tank-type toilet, flushometer-tank toilet, flushometer-valve toilet, electromechanical hydraulic toilet or any other toilet that uses water meets or exceeds the efficiency standards set forth in subsections (b) through (g) of Section 2 of these regulations, or is authorized under the conditions stated in subsection (b) of Section 3 of these regulations. The requirements of this section do not apply to the sale of plumbing fixtures which are to be sold or installed outside Connecticut.

(b) The sale of plumbing fixtures which do not meet the standards cited in subsections (b) through (g) of Section 2 of these regulations, such as those used for historical renovation or those which have technical problems, may be authorized if the Commissioner determines that compliance is not feasible or an unnecessary hardship exists. The Commissioner may also authorize the sale of plumbing fixtures, including, but not limited to, antique reproduction plumbing fixtures, which do not meet the standards, provided such plumbing fixtures were in stock in a store located in the state before October 1, 1990, for showerheads, urinals, faucets or replacement aerators; or before January 1, 1992 for tank-type toilets, flushometer-tank toilets, flushometer-valve toilets, or electromechanical hydraulic toilets.

(c) The manufacturer shall submit to the Commissioner a certification statement listing all new plumbing fixtures covered by these regulations. The certification statement shall contain the following information:

(1) Name and address of manufacturer;

(2) Type of plumbing fixture;

(3) Brand name;

(4) Model number;

(5) Name of laboratory where tested; and

(6) Maximum flow or use rate.

(d) Every certification statement submitted pursuant to this section shall be dated and signed by the manufacturer or third party acting on its behalf attesting to its truth and accuracy under penalty of perjury. When the manufacturer or third party is either a corporation or business association, the certification statement shall be dated and signed by an officer thereof. Each certification statement shall contain a declaration that the model(s) complies with the provisions of this section of these regulations.

(e) Within 45 days after receipt of a certification statement, the Commissioner shall forward to the manufacturer or third party, if applicable, an acknowledgement that the statement has been received and whether or not it is complete.

(f) The results for all tests performed for certification of units pursuant to this Section shall be retained by the manufacturer for a period of two years following the model's certification. This requirement shall include the test results of models no longer being manufactured.

(g) The Commissioner or his/her authorized representative may request a copy of the test results from which the certification information for any model was derived, the name and address of the lab where the test was performed, and the date of the test. Failure to provide this information within 45 days shall result in the suspension of the model's certification.

(h) A third party may act on behalf of a manufacturer to certify a fixture. If a manufacturer allows a third party to act on its behalf, the third party shall submit with its certification statement a signed and dated statement authorizing it to act on behalf of the manufacturer. The manufacturer remains responsible for compliance with the provisions of these regulations notwithstanding any such use of an authorized third party. Additionally, the manufacturer is liable for any claims made on its behalf by an authorized third party.

(Effective June 22, 1990)