Sec.21a-86a-5. Enforcement

(a) Notwithstanding the provisions of Section 3 of these regulations, the Commissioner shall have authority to challenge the test results provided by the manufacturer and cause the fixture model to be retested.

(b) The Commissioner shall cause periodic inspections to be made of distributors or retailers of the new fixtures covered by these regulations.

(c) The Commissioner of Consumer Protection or his/her representative shall have access at all reasonable times to places where distributors or retailers sell, store or maintain plumbing fixtures. Such access shall be for the purpose of making periodic inspections to determine compliance with the standards adopted pursuant to Section 2 of these regulations.

(d) Except as expressly provided herein, any test ordered by the Commissioner would involve one unit selected by the Commissioner's representative.

(1) If the performance of the unit meets or exceeds the standard set forth in Section 2 of these regulations, no further action is necessary, and the Department of Consumer Protection will pay the cost of testing.

(2) If the performance of the unit does not meet or exceed the standard set forth in Section 2 of these regulations, the manufacturer must pay the cost of testing and take whatever steps are necessary to recertify the fixture at a use/flow rate equal to or exceeding the standard. Further, the manufacturer shall provide information to the satisfaction of the Commissioner that, in the initial certification of the model, the value certified was determined in conformance with the requirements of Section 2 of these regulations.

Even if this information is provided, the manufacturer shall be required, at its own expense, to test up to two additional units selected by the Commissioner, in a laboratory acceptable to the Commissioner.

If the performance of the first of the two additional units meets or exceeds the standard set forth in Section 2 of these regulations, the second unit shall be tested. If the second unit meets or exceeds the standard, no further action shall be taken and the model shall retain its certification. If the performance of either the first or the second unit does not meet or exceed said standard, the certification for that model shall be suspended by the Commissioner's order. The results of these retests shall be provided to the Commissioner or his/her representative as a condition for recertation.

(3) If the certification for a model is suspended, the manufacturer may retest and recertify the model at its expense in a laboratory acceptable to the Commissioner or his/her representative.

(4) All test results and statistical calculations shall be provided to the Commissioner's representative. A determination of noncompliance shall result in the model's certification being suspended by the Commissioner's order. The model may not be recertified.

(5) If any of the tests of units required by the Commissioner pursuant to this subsection are not undertaken by a manufacturer, the certification for that model shall be suspended by the Commissioner's order.

(6) The Commissioner shall cause investigations to be made of complaints received concerning violations of Public Act 89-303. All such complaints shall identify the complainant by name and address and shall be in writing. The result of each investigation shall be reported to the attorney general.

(7) If the Commissioner finds that a violation of Public Act 89-303 has occurred, the violator shall be subject to a civil penalty of two hundred fifty dollars for each violation. Each violation shall be considered a separate offense and each day that such violation continues shall also be considered a separate offense.

(Effective June 22, 1990)