(a)
Training and Certification Procedures for Raters. Each Provider shall conduct the
following Rater training and certification procedures.
(1) Each Provider's training program shall include
classroom and field training of applicants for California Whole-House Home Energy
Rater certifications, incorporating training in analysis, theory, and practical
application in at least the following areas:
(A)
Home energy consumption and efficiency data collection, organization and
analysis.
(B) Principles of heat
transfer.
(C) Building energy feature
design and construction practice, including construction quality assurance, on-site
renewable generation, and "house as a system" concepts.
(D) Safety practices relevant to home energy
auditing procedures and equipment.
(E)
Home energy audit procedures.
(F) Energy
efficiency effects of building site characteristics.
(G) Types and characteristics of space heating,
space cooling, service hot water, and hard wired lighting systems.
(H) Mathematical calculations necessary to utilize
the Rating System.
(I) The modeling and
use of Energy Commission-approved HERS software required to produce a California
Whole-House Home Energy Rating or a California Home Energy Audit and the associated
California Home Energy Rating Certificate, California Home Energy Audit Certificate
and HERS Report in accordance with the algorithms, procedures, methods, assumptions,
and defaults specified in the HERS Technical Manual.
(J) Methods of cost-effectiveness analysis
including interest and discount rates, cost-benefit ratios, life cycle cost
analysis, calculation of present value, cash flow analysis, payback analysis, and
cost estimation.
(K) The function and
proper use of diagnostic devices including but not necessarily limited to: duct
leakage testing equipment, blower doors, and air flow and pressure measurement
devices.
(L) Construction types,
equipment types, and their associated energy efficiency ramifications.
(M) Field verification and diagnostic testing
requirements of the Title 24, Part 6, Building Energy Efficiency Standards and the
Reference Appendices.
(N) Interpretation
of prioritized recommendations for efficiency improvements and customized adjustment
procedures for specific occupants.
(O)
The behavioral, psychological, cultural, and socioeconomic influences on energy
consumption of home occupants in the United States and California.
(P) California Home Energy Rating System Program
requirements specified in these regulations.
(2) California Home Energy Inspector applicants
shall not be required to be trained by the Provider in areas indicated in Sections
1673(a)(1)(H), (I), (J), (K), (M), (N) and (O) but shall be required to receive
specific training in the areas indicated in Sections 1673(a)(1)(A) through (G) and
general training in Sections 1673(a)(1)(L) and (P).
(3) California Home Energy Analysts applicants
shall not be required to be trained by the Provider in Sections 1673(a)(1)(D) and
(K) but shall be required to receive specific training in Sections 1673(a)(1)(G),
(H), (I), and (J) and general training in Sections 1673(a)(1)(A) to (C), (E), (F),
and (L) to (P).
(4) California Field
Verification and Diagnostic Testing Raters shall not be required to be trained by
the Provider in the areas indicated in Sections 1673(a)(1)(I), (J), (N), and (O) but
shall be required to receive specific training in Sections 1673(a)(1)(H) and (K)
through (M) and general training in Sections 1673(a)(1)(A) to (G) and (P).
(5) The training for all certifications and Raters
shall include thorough instruction in using the Provider's Rating System and
database.
(6) The training shall require
California Whole-House Home Energy Rater applicants to satisfactorily perform a
rating for at least one home that includes field verification and diagnostic testing
in the presence and under the direct supervision of the Provider's trainer or
Quality Assurance Reviewer. The training shall require California Field Verification
and Diagnostic Testing Rater applicants to satisfactorily perform field verification
and diagnostic testing for at least one home in the presence and under the direct
supervision of the Provider's trainer or Quality Assurance Reviewer. The Provider
shall review and approve these ratings for accuracy and completeness.
(7) The Provider shall require each applicant to
take an Energy Commission-approved written and practical test that demonstrates
their competence in all subjects specified in Section 1673(a)(1). The Provider shall
retain all results of these tests for five years from the date of the
test.
(8) Each Provider may establish an
Energy Commission-approved challenge test that evaluates competence in each area
addressed by the Provider's training program. If a Rater applicant successfully
passes this challenge test, the Provider may waive the classroom training
requirement and the written and practical test requirements for that applicant. An
applicant who passes this challenge test shall also successfully meet the
requirements specified in Section 1673(a)(6).
(9) Programs incorporating Building Performance
Contractors shall provide specific training in all areas specified in Section
1673(a)(1). These programs shall be submitted by the Provider for individual review
and approval by the Energy Commission.
(b) Rater Agreements. As a condition of Rater
registry under Section 1673(d), each Provider shall ensure that a Rater applicant
who has met the applicable requirements of Section 1673(a) has entered into an
agreement with the Provider to provide home energy rating and field verification and
diagnostic services in compliance with these regulations. The agreement shall
require Raters to:
(1) Provide home energy rating
and field verification services in compliance with these regulations.
(2) Provide true, accurate, and complete data
collection, analysis, ratings, and field verification and diagnostic
testing.
(3) Not accept payment or
consideration in exchange for reporting data gathered for a rating, analytical
results used for a rating, or a rating result that was not in fact conducted and
reported in compliance with these regulations.
(4) Comply with the conflict of interest
requirements as specified in Section 1673(j).
(c) Building Performance Contractor Agreements. To
be certified and registered as a Building Performance Contractor, a Provider shall
ensure that a Building Performance Contractor applicant has entered into an
agreement with the Provider to provide home energy rating services in compliance
with these regulations. The agreement shall require Building Performance Contractors
to:
(1) Be current and active licensed class B
general building contractors and agree to abide by the laws and regulations of the
California Contractors State License Board, including, but not limited to, complying
with advertising requirements, home improvement contract requirements, and use of
properly licensed subcontractors.
(2)
Provide home energy rating services in compliance with these regulations.
(3) Provide home energy rating services under
these regulations only with Raters certified under an Energy Commission-approved
Building Performance Contractor program pursuant to Section
1674(e).
(4) Comply with requirements for the issuance of
building permits, state and local building codes, and the other requirements of
Section 7110 of the Contractors License Law (Business and Professions
Code).
(5) Notify the Provider of any
citation, suspension, or revocation actions by the California Contractors State
License Board against the contractor.
(d) Rater and Building Performance Contractor
Registry. As a condition of Rater registry, each Provider shall certify to the
Energy Commission that a Rater applicant has met the requirements of Section 1673(a)
and entered into an agreement meeting the requirements of Section 1673(b). As a
condition of Building Performance Contractor registry, each Provider shall certify
to the Energy Commission that the applicant has met the definition of a Building
Performance Contractor and entered into an agreement meeting the requirements of
Section 1673(c). The Provider shall maintain a registry of all Raters, persons, or
firms that meet these requirements, provide an electronic copy of the registry to
the Energy Commission, and make that registry available in printed or electronic
form upon written request.
(e) Data
Maintenance.
(1) Each Provider shall record and
maintain for a period of ten years all data collected for a rating if the data is
listed as a required or optional input for the rating in question. This requirement
shall apply to data collected from a site visit, from the plans for a newly
constructed building, or from a utility bill analysis. All required or optional
outputs generated for a rating shall also be recorded.
(2) For homes that have received a field
verification rating, the following information shall also be collected and
maintained for ten years and may be in an electronic format:
(A) The energy efficiency improvements field
verified and diagnostically tested.
(B)
Whether or not the builder chose to include the home in a sample for field
verification and diagnostic testing as specified in the Residential Appendices to
Title 24, Part 6.
(C) Whether or not
initial field verification and diagnostic testing as specified in the Residential
Appendices to Title 24, Part 6, was conducted on the home.
(D) Whether or not the home in a sample was
actually selected and field verified and diagnostically tested as specified in the
Residential Appendices to Title 24, Part 6.
(E) Whether or not the home in a sample was
actually selected for resampling and field verified and diagnostically tested after
a sampling failure was found in the sample as specified in the Residential
Appendices to Title 24, Part 6.
(F)
Whether or not the home in a sample was field verified and diagnostically tested and
corrective action was taken after a resampling failure was found in the sample as
specified in the Residential Appendices to Title 24, Part 6.
(G) Whether or not the homeowner declined to have
field verification, diagnostic testing, and corrective action taken after occupancy
as specified in the Residential Appendices to Title 24, Part 6.
(H) The Certificate of Compliance, the
Installation Certificate, and the Certificate of Field Verification and Diagnostic
Testing.
(f) Field
Verification and Diagnostic Testing Evaluation. Providers shall maintain a database
of the information specified in Section 1673(e)(2) for a minimum 10 percent random
sample of the homes actually field verified and diagnostically tested annually, or
500 such homes annually, whichever is less. Each Provider shall provide this
information annually in electronic form to the Energy Commission for evaluating the
effectiveness of field verification and diagnostic testing. If the Energy Commission
makes this information public, it will be in aggregated form only. All of this
information shall be organized according to climate zones as defined in Section
101(b) of Title 24, Part 6 of the California Code of Regulations.
(g) Data Submittal. Upon the Energy Commission's
request, but not more frequently than annually, a Provider shall submit to the
Energy Commission information recorded pursuant to Section 1673(e) and provide the
Energy Commission ongoing access to the Provider's database. If the Energy
Commission makes this information public, it will be in an aggregated form
only.
(h) Training Materials Retention.
Each Provider shall retain for at least five years after the last date they are
used, at least one copy of all materials used to train Raters.
(i) Quality Assurance. Each Provider shall have a
quality assurance program that provides for at least the following:
(1) Quality Assurance Staff. The Provider shall
have a designated Quality Assurance Manager to oversee the quality assurance
process. The Quality Assurance Manager shall appoint as many Quality Assurance
Reviewers as necessary to assist with the completion of the tasks outlined in this
Subsection 1673(i). The qualifications of the Quality Assurance Manager and the
Quality Assurance Reviewers shall be submitted to the Energy Commission.
(2) Initial Review. The Provider shall review and
approve for accuracy and completeness the rating documentation for at least the
first five homes which a Rater performs after completion of the requirements
specified in Section 1673(a)(1) through Section 1673(a)(6), not including those
homes rated under the Provider's direct supervision as specified in Section
1673(a)(6).
(3) Quality Assurance for
California Whole-House Home Energy Raters and California Field Verification and
Diagnostic Testing Raters.
(A) For each Rater, the
Provider shall annually evaluate the greater of one rating, randomly selected or one
percent of the Rater's past 12 month's total number of ratings (rounded up to the
nearest whole number) for each measure tested by the Rater. For Raters that have had
at least one quality assurance evaluation for any measure in the past 12 months,
this evaluation shall only be required to be done for those measures that have been
tested by the Rater at least 10 times in the past 18 months. The Provider shall
independently repeat the rating to check whether the rating was accurately completed
by the Rater, and determine whether information was completely collected and
reported. The Provider also shall conduct the same check on one percent of all
ratings conducted through the Provider, selected randomly from the Provider's entire
pool of ratings on an ongoing basis. For Energy-Rated Homes using the Building
Performance Contractor exception to Section 1673(j)(3), at least five percent of the
Energy-Rated Homes shall be evaluated by a Quality Assurance Reviewer.
(B) Raters shall not be informed that a building
or installation will be field checked until after they have completed the original
rating. The field check shall occur after the submission of the Certificate of Field
Verification and Diagnostic Testing for a field verification rating and after the
distribution of the HERS Report for a home energy rating.
(C) These evaluations by the Provider's Quality
Assurance personnel shall be documented in the Provider's database and include the
results of all testing performed by the Provider's Quality Assurance personnel. If
the Provider's Quality Assurance personnel determine that the Rater's results did
not meet the criteria for truth, accuracy, or completeness of these regulations,
then the Provider shall report the quality assurance failure on the Provider's Rater
registry and Building Performance Contractor registry websites for a period of six
months. In addition, the Provider's Quality Assurance personnel shall evaluate two
additional ratings of the failed measure by the same Rater performed in the past 12
months. If a second deficiency is found, then the Rater shall have two percent
(rounded up to the nearest whole number) of their ratings of the failed measure
evaluated for the next 12 months by all Providers. The Provider's Quality Assurance
Manager shall notify other Providers in writing or by electronic mail of Raters that
are required to have additional quality assurance verification as required by this
provision.
(4) Additional
Quality Assurance for Unrated or Untested Buildings or Installations.
(A) For houses or installations passed as part of
a sampling group but not specifically field verified or rated by a Rater, the
greater of one house or installation or one percent of all unrated or untested
buildings or installations in groups sampled by the Rater shall be independently
rated or field verified by the Provider's Quality Assurance personnel.
(B) These quality assurance verifications shall be
blind tests in that the Provider shall not inform the installer, builder, or the
Rater that the specific building or installation will be verified.
(C) The results of these quality assurance
verifications shall be entered into the Provider's database. The Provider shall
summarize the results of these quality assurance verifications and submit them to
the Energy Commission on an annual basis and provide the Energy Commission with
ongoing access to the database and associated summaries of the results of these
verifications.
(5) Complaint
Response System. Each Provider shall have a system for receiving complaints. The
Provider shall respond to and resolve complaints related to ratings and field
verification and diagnostic testing services and reports. Providers shall ensure
that Raters inform purchasers and recipients of ratings and field verifications and
diagnostic testing services about the complaint system. Each Provider shall retain
all records of complaints received and responses to complaints for five years after
the date the complaint is presented to the Provider and annually report a summary of
all complaints and action taken to the Executive Director.
(j) Conflict of Interest.
(1) Providers shall be independent entities from
Raters.
(2) Providers and Raters shall
be independent entities from the builder and from the subcontractor installer of
energy efficiency improvements field verified or diagnostically tested.
(3) Providers and Raters shall be independent
entities from any firm or person that performs work on the home for a California
Home Energy Audit or a California Whole-House Home Energy Rating.
Exception to Section 1673(j)(3): California Whole-House Home
Energy Raters, who are working as or for a Building Performance Contractor certified
under an Energy Commission-approved Building Performance Contractor program as part
of a Provider's Rating System as specified in Section
1674(e)
of the regulations and in the HERS Technical Manual, shall not be required to be an
independent entity from the person(s) or firm(s) performing the work on a home. This
exception shall not apply to California Field Verification and Diagnostic Testing
Raters performing field verification and diagnostic testing of newly constructed
homes or alterations to existing homes to verify compliance with the requirements of
Title 24, Part 6.
(k)
Improvement Measures Cost Database. Each Provider shall develop and maintain a
database of the cost of implementing the efficiency improvement measures specified
in the HERS Technical Manual. The database shall contain statewide standardized cost
values and regional adjustment factors.