Connecticut Administrative Code › Title 21a - Consumer Protection › 86a - Plumbing Fixtures › Section 21a-86a-5 - Enforcement

Current through July 10, 2024
(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.