Maryland State Government Section 9-2006
§ 9-2006.
(a) (1) In this section the following words have the meanings indicated.
(2) "Ceiling fan" means a nonportable device that is suspended from a ceiling for the purpose of circulating air via the rotation of fan blades.
(3) "Ceiling fan light kit" means equipment designed to provide light from a ceiling fan, which can be:
(i) integral, such that the equipment is hardwired to the ceiling fan; or
(ii) attachable, such that at the time of sale the equipment is not physically attached to the ceiling fan but may be included inside the ceiling fan package at the time of sale or sold separately for subsequent attachment to the fan.
(4) "Commercial clothes washer" means a soft mount front-loading or soft mount top-loading clothes washer that is designed for use in:
(i) applications where the occupants of more than one household will be using it, including multifamily housing common areas and coin laundries; or
(ii) other commercial applications, if the clothes container compartment is not greater than:
1. 3.5 cubic feet for horizontal-axis clothes washers; or
2. 4.0 cubic feet for vertical-axis clothes washers.
(5) (i) "Commercial refrigeration cabinet" means a refrigerator, freezer, or refrigerator-freezer designed for use by commercial or institutional facilities for the purpose of storing food products, ice, or other perishable items at specified temperatures and that may be configured with either solid or transparent doors as a:
1. reach-in cabinet;
2. pass-through cabinet;
3. roll-in cabinet; or
4. roll-through cabinet.
(ii) "Commercial refrigeration cabinet" does not include:
1. a product with 85 cubic feet or more of internal volume;
2. a walk-in refrigerator or walk-in freezer;
3. a consumer product regulated under the National Appliance Energy Conservation Act of 1987 (Public Law 100-12); or
4. any refrigerator, freezer, or refrigerator-freezer designed and marketed exclusively for medical, scientific, or research purposes.
(6) "Illuminated exit sign" means an internally illuminated sign that is designed to be permanently fixed in place to identify an exit and the background of which is not transparent.
(7) "Large packaged air-conditioning equipment" means packaged air-conditioning equipment with at least 20 tons but not more than 80 tons of cooling capacity.
(8) (i) "Low-voltage dry-type distribution transformer" means a distribution transformer that:
1. has an input voltage of 600 volts or less;
2. is air-cooled; and
3. does not use oil as a coolant.
(ii) "Low-voltage dry-type distribution transformer" does not include any of the following transformers:
1. an autotransformer in which the primary and secondary windings are not electronically isolated and at least a portion of the secondary voltage is derived from the primary winding;
2. a drive transformer designed only to provide power to operate an electronic variable speed motor drive;
3. a grounding transformer designed only to provide a system ground reference point;
4. a harmonic transformer designed to supply a load with a higher than normal harmonic current level and that has a k-rating of k-4 or greater;
5. an impedance transformer that has a specified impedance of less than 4% or greater than 8%;
6. a machine tool transformer designed only to provide power to machine tool equipment;
7. a rectifier transformer designed to provide power only to a rectifier circuit and that has a nameplate rating for both the fundamental frequency power rating and the RMS power rating;
8. a regulating transformer with automatic tap changers;
9. a sealed and nonventilating transformer designed to prevent airflow through the transformer;
10. a testing transformer designed only as part of, or to supply power to, electrical test equipment;
11. a UPS transformer designed only as an integral part of an uninterruptible power system; or
12. a welding transformer designed only to provide power to welding equipment.
(9) "Packaged air-conditioning equipment" means air-conditioning equipment that is built as a package and shipped as a whole to end-user sites.
(10) "Pass-through cabinet" means a commercial refrigerator or commercial freezer with hinged or sliding doors on both the front and rear of the refrigerator or freezer.
(11) (i) "Reach-in cabinet" means a commercial refrigerator, commercial freezer, or commercial refrigerator-freezer with hinged or sliding doors or lids.
(ii) "Reach-in cabinet" does not include a roll-in or roll-through cabinet or a pass-through cabinet.
(12) "Retailer" means a person engaged in the business of making retail sales within the State.
(13) "Roll-in cabinet" means a commercial refrigerator or commercial freezer with hinged or sliding doors that allow wheeled racks of product to be rolled into the refrigerator or freezer.
(14) "Roll-through cabinet" means a commercial refrigerator or commercial freezer with hinged or sliding doors that allow wheeled racks of product to be rolled through the refrigerator or freezer.
(15) "Torchiere lighting fixture" means a portable electric lighting fixture with a reflector bowl giving light directed upward so as to give indirect illumination.
(16) "Traffic signal" means a device consisting of a set of signal lights operating in sequence and placed at intersections to regulate traffic.
(17) "Traffic signal module" means a standard 8-inch (200mm) or 12-inch (300mm) round traffic signal indication that:
(i) consists of a light source, lens, full-color ball, and all parts necessary for operation; and
(ii) communicates movement messages to drivers through red, amber, and green colors.
(18) "Transformer" means a device consisting essentially of two or more coils of insulated wire that transfers alternating current by electromagnetic induction from one coil to another in order to change the original voltage or current value.
(19) (i) "Unit heater" means a self-contained fan-type heater that:
1. is designed to be installed within the heated space; and
2. includes an apparatus or appliance to supply heat and a fan for circulating air over a heat exchange surface, all enclosed in a common casing.
(ii) "Unit heater" does not include a "warm air furnace" as defined under the federal Energy Policy Act of 1992.
(20) "Widely available in Maryland" means a conforming product available in the State from three or more manufacturers.
(b) (1) This section applies to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed in the State:
(i) torchiere lighting fixtures;
(ii) unit heaters;
(iii) low-voltage dry-type distribution transformers;
(iv) ceiling fan light kits;
(v) red and green traffic signal modules;
(vi) illuminated exit signs;
(vii) commercial refrigeration cabinets;
(viii) large packaged air-conditioning equipment; and
(ix) commercial clothes washers.
(2) This section does not apply to:
(i) new products manufactured in the State and sold outside the State;
(ii) new products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State;
(iii) products installed in mobile manufactured homes at the time of construction; or
(iv) products designed expressly for installation and use in recreational vehicles.
(c) (1) On or before January 1, 2004, the Administration shall adopt regulations establishing minimum efficiency standards for the types of new products set forth in subsection (b)(1) of this section.
(2) The regulations shall provide for the following minimum efficiency standards:
(i) torchiere fixtures may not consume more than 190 watts and may not be capable of operating with lamps that total more than 190 watts;
(ii) unit heaters shall be equipped with an intermittent ignition device and shall have either power venting or an automatic flue damper;
(iii) the efficiency of all low-voltage dry-type distribution transformers may not be less than the values shown in Table 4-2 of National Electrical Manufacturers Association Standard TP-1-2002;
(iv) ceiling fan light kits:
1. shall meet the Tier 1 lighting criteria of version 1.1 of the product specification contained in the "Energy Star Program Requirements for Residential Ceiling Fans", developed by the U.S. Environmental Protection Agency that took effect on January 1, 2002; and
2. may contain light sources that are not compact fluorescent lamps but that have lumen-per-watt performance at least equivalent to comparably configured compact fluorescent lamps meeting "Energy Star Program Requirements for CFLS: Energy Efficiency Criteria - Version 3.0";
(v) red and green traffic signal modules shall:
1. meet the requirements of the "Energy Star Program Requirements for Traffic Signals" developed by the U.S. Environmental Protection Agency that took effect in February 2001; and
2. be installed with compatible, electrically-connected signal control interface devices and conflict monitoring systems;
(vi) illuminated exit signs shall meet the requirements of the "Energy Star Program Requirements for Exit Signs - Version 2.0" developed by the U.S. Environmental Protection Agency that took effect on January 1, 1999;
(vii) commercial refrigeration cabinets shall meet the requirements shown in the following Table in which "V" means total volume in cubic feet and "AV" means adjusted volume which is the sum of the volume of refrigerated space and 1.63 times the volume of freezer space:
Equipment Type Maximum Daily
Energy Consumption
(kilowatt hours)
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are refrigerators with solid doors 0.125V + 2.76
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are refrigerators with transparent doors 0.172V + 4.77
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are freezers with solid doors 0.398V + 2.28
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are freezers with transparent doors 0.940V + 5.10
Reach-in cabinets that are refrigerator-freezers with solid doors 0.273AV + 1.65
(viii) large packaged air-conditioning equipment shall meet the Tier II requirements of the "Minimum Equipment Efficiencies for Unitary Commercial Air Conditioners" or "Minimum Equipment Efficiencies for Heat Pumps", as appropriate, developed by the Consortium for Energy Efficiency, Boston, Massachusetts, as in effect on January 1, 2002; and
(ix) commercial clothes washers shall have a minimum modified energy factor of 1.26 and a maximum water consumption factor of 9.5, as measured in accordance with the federal test method for clothes washers as defined in 10 C.F.R. Section 430.23(j) (Appendix J1 to Subpart B of Part 430) (2001).
(d) (1) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, on or after March 1, 2005, a new product of any type set forth in subsection (b)(1) of this section may not be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted under subsection (c) of this section.
(ii) With respect to ceiling fan light kits, energy efficiency standards may not take effect until March 1, 2007.
(iii) With respect to commercial clothes washers, efficiency standards may not take effect until March 1, 2007.
(2) (i) This paragraph does not apply to a product that is sold before the applicable date under paragraph (1) of this subsection.
(ii) Except as provided in subparagraphs (iii) and (iv) of this paragraph, on or after January 1, 2006, a new product of a type set forth in subsection (b)(1) of this section may not be installed in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted under subsection (c) of this section.
(iii) Ceiling fan light kits that do not meet the energy efficiency standards may be installed in the State until January 1, 2008.
(iv) Commercial clothes washers that do not meet the efficiency standards under subsection (c)(2)(ix) of this section may be installed in the State until January 1, 2008.
(e) (1) By regulation, the Administration may clarify but not expand the scope of the devices defined under subsection (a) of this section.
(2) On request of a Maryland business or consumer and after public notice and comment, the Administration may delay the effective date of any standard under this section by not more than 1 year if the Administration determines that products conforming to the standard will not be widely available in Maryland by the applicable date stated in subsection (d)(1) of this section.
(3) The Administration may limit a delay under paragraph (2) of this subsection to identifiable subcategories of any category of covered products.
(f) (1) After public notice and comment, the Administration shall adopt procedures by rule for testing the energy efficiency of the new products listed in subsection (b)(1) of this section if testing procedures are not provided for in the Maryland Building Performance Standards.
(2) The Administration shall use appropriate nationally recognized test methods such as those approved by the United States Department of Energy.
(3) The manufacturers of new products listed in subsection (b)(1) of this section shall cause samples of their products to be tested in accordance with the test procedures adopted under this subsection or those specified in the Maryland Building Performance Standards.
(g) (1) Manufacturers of new products listed in subsection (b)(1) of this section shall certify to the Administration that the products are in compliance with the provisions of this section.
(2) (i) The Administration shall adopt regulations governing the certification of new products and may coordinate with the certification programs of other states with similar standards.
(ii) Any manufacturer that has certified a product to another state or to the Federal Energy Star Program may provide the Administration with a copy of the certification that the manufacturer made to the other state or agency in place of a separate certification to the State of Maryland, provided that:
1. the other state's standards or the Energy Star specifications are equivalent to or more stringent than the standards of the State of Maryland; and
2. all information required by the regulations adopted under subparagraph (i) of this paragraph is included in the certification.
(h) (1) Manufacturers of new products listed in subsection (b)(1) of this section shall identify each product offered through retailers for sale or installation in the State as in compliance with the minimum efficiency standards established under subsection (c) of this section by means of a mark, label, or tag on the product or packaging at the time of sale or installation.
(2) (i) The Administration shall adopt regulations governing the identification of such products or packaging which shall be coordinated to the greatest practical extent with the labeling programs and requirements of other states and federal agencies with equivalent efficiency standards.
(ii) If a national efficiency standard is established by federal law or regulation for a product listed in subsection (b) of this section, the labeling requirements set forth in COMAR 14.26.03.10 do not apply to that product.
(iii) In accordance with COMAR 14.26.03.10, all display models of products shall be displayed with a mark, label, or tag on the product.
(i) (1) The Administration may test products listed in subsection (b)(1) of this section using an accredited testing facility.
(2) If products tested are found not to be in compliance with the minimum efficiency standards established under subsection (c) of this section, the Administration shall:
(i) charge the manufacturer of the product for the cost of product purchase and testing; and
(ii) make information available to the public on products found not to be in compliance with the standards.
(j) (1) With prior notice and at reasonable and convenient hours, the Administration may make periodic inspections of distributors or retailers of new products listed in subsection (b)(1) of this section in order to determine compliance with the provisions of this section.
(2) The Administration shall coordinate with the Department of Housing and Community Development regarding inspections, prior to occupancy, of newly constructed buildings containing new products that are also covered by the Maryland Building Performance Standards.
(k) (1) The Administration may investigate complaints received concerning violations of this section and shall report the results of an investigation to the Attorney General.
(2) The Attorney General may institute proceedings to enforce the provisions of this section.
(3) A manufacturer, distributor, or retailer of new products listed in subsection (b)(1) of this section that violates any provision of this section shall be issued a warning by the Administration for a first violation.
(4) Repeat violators shall be subject to a civil penalty of not more than $250.
(5) Each violation of this section shall constitute a separate offense and each day that a violation continues shall constitute a separate offense.
(6) Penalties assessed under this subsection are in addition to costs assessed under subsection (i)(2)(i) of this section.
(7) Penalties assessed under this subsection shall be paid into the General Fund of the State.
