ubchapter 8.7 Indoor Air Cleaning Devices
Adopt Title 17, California Code of Regulations, Sections 94800, 94801, 94802, 94803,
94804, 94805, 94806, 94807, 94808, 94809, and 94810 as follows:
Article 1. Indoor Air Cleaning Devices
94800. Applicability
Except as provided in Section 94803, this article shall apply to any person who
manufactures, sells, supplies or offers for sale indoor air cleaning devices in the
state of California for use in occupied spaces.
NOTE: Authority cited: Section 41986, Health and Safety Code.
Reference: Sections 41985, 41985.5, Health and Safety Code.
94801. Definitions
(a) For the purpose of this article, the following definitions apply:
(1) “Air exchange rate” means the rate at which outdoor air replaces the volume of
indoor air within a given space.
(2) “ANSI” means American National Standards Institute.
(3) “ARB” means the California Air Resources Board.
(4) “CCR” means the California Code of Regulations.
(5) “CFR” means the U. S. Code of Federal Regulations.
(6) “Concentration” means the amount of a specified substance in a unit amount of
another substance.
(7) “de minimis” refers to a quantity so little, small, miniscule or tiny that the law
does not refer to it and will not consider it.
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(8) “Distributor” means any person to whom an indoor air cleaning device is sold or
supplied for the purposes of resale or distribution in commerce.
(9) “Emission” means the release or discharge of a substance into the
environment.
(10) "Executive Officer" means the Executive Officer of the Air Resources Board or
the Executive Officer's designee.
(11) “Half-life” means the time required for the concentration of a substance to be
reduced to half of its initial value.
(12) “Indoor air cleaning device” means an energy-using product whose stated
function is to reduce the concentration of airborne pollutants, including but not
limited to allergens, microbes (e.g., bacteria, fungi, viruses, and other
microorganisms), dusts, particles, smoke, fumes, gases or vapors, and odorous
chemicals, from the air inside an enclosed space. Such devices include, but
are not necessarily limited to, portable devices of any size intended for cleaning
the air nearest a person, in a room of any size, in a whole house or building, or
in a motor vehicle; and stand-alone devices designed to be attached to a wall,
ceiling, post, or other indoor surface.
(13) “Industrial use” or “industrial application” means the purification of water in an
industrial plant, water treatment facility, municipal water facility, or similar
facility; the destruction of microbes on produce in an agricultural processing
plant, refrigerated transport truck, or related facility; and bleaching and other
processing purposes in the pulp and paper industry.
(14) “Manufacturer” means any person who imports, manufactures, assembles,
produces, or packages an indoor air cleaning device.
(15) “Medical device” means any indoor air cleaning device intended or advertised
for the cure, mitigation, treatment, or prevention of disease in humans or other
animals.
(16) “Mechanical filtration” means removal of suspended particles from air via
filtration with physical barrier, non-electronic techniques, i.e. air is forced
through a filter medium. Materials used in the construction of the filter media
may include substances such as activated charcoal, paper, foam, synthetics,
ceramics, or natural fibers.
(17) “Model group” means indoor air cleaning devices sharing the same design,
operational features, device output, and performance characteristics, and
manufactured by the same manufacturer. Units in the same model group may
be marketed under different brand names. Units that differ only in decorative
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treatments such as color, remote control, or other cosmetic features not related
to ozone output would belong to the same model group.
(18) “NIST” means the U.S. National Institute of Standards and Technology
(19) “Non-medical device” means any indoor air cleaning device that does not meet
the definition of “medical device” above.
(20) “NRTL” means Nationally Recognized Testing Laboratory, as recognized by
U.S. OSHA per 29 CFR 1910.7.
(21) “Occupied space” means an area within a building, structure, enclosure, or
vehicle that is, or may be, physically occupied by a human being.
(22) “OSHA” means U.S. Occupational Safety and Health Administration.
(23) “Parent company” means the highest level company or group of companies that
own or directly control the reporting facility.
(24) “ppm” is a unit of concentration measure meaning parts per million by volume.
For the purposes of this regulation the volume considered is air and the
substance of interest is ozone.
(25) “Retailer” means any person who sells, supplies, or offers for sale, indoor air
cleaning devices, directly to consumers.
(26) “Supply” means to make available for purchase or use.
(27) “UL” means Underwriters Laboratories, Inc.
(28) “Unoccupied space” means an area within a building, structure, enclosure, or
vehicle that is not, or may not be, physically occupied by a human being.
(29) “U.S.” means United States of America.
NOTE: Authority cited: Section 41986, Health and Safety Code.
Reference: Sections 41985, 41985.5, Health and Safety Code; 29CFR 1910.7, 21CFR
801.415.
94802. Standards for Indoor Air Cleaning Devices
Except as provided in Section 94803 (Exclusions and Exemptions), Title 17,
California Code of Regulations, no person or business shall manufacture for use in
California after September 30, 2008, or sell, supply, offer for sale, or introduce into
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commerce within California after March 30, 2009, any indoor air cleaning device unless
the device is certified by ARB to produce an emission concentration not exceeding
0.050 ppm, as specified in Section 94804; is labeled as required in Section 94806;
meets all requirements of this article; and continues to meet all requirements of this
article, including the ozone emissions limit as determined by the test procedure in
Section 94805.
NOTE: Authority cited: Section 41986, Health and Safety Code.
Reference: Sections 41985, 41985.5, Health and Safety Code.
94803. Exclusions and Exemptions
(a) Industrial use: The provisions of this article do not apply to indoor air cleaning
devices manufactured, advertised, marketed, labeled, and used solely for
industrial use as defined in Section 94801(a)(13) above, provided that they are
marketed solely through industrial supply outlets or businesses and prominently
labeled as “Solely for industrial use. Potential health hazard: emits ozone”.
(b) Air cleaning devices designed, marketed, and used solely as a physically
integrated part of a central heating, air conditioning, or ventilating system, such
as an “in-duct system”, are exempt from this regulation at this time. They may be
regulated in the future if data show that their ozone emissions pose a risk to
human health.
NOTE: Authority cited: Section 41986, Health and Safety Code.
Reference: Sections 41985, 41985.5, Health and Safety Code.
94804. Certification Requirements
(a) Each manufacturer of an indoor air cleaning device subject to Section 94802 is
required to submit an application for certification to the ARB Executive Officer,
P.O. Box 2815, Sacramento, CA 95812, Attn: Indoor Air Cleaning Device
Certification. Information submitted on the certification application must be true
and correct. Applications may be submitted by a professional association or
certification organization on behalf of a manufacturer, as long as all required
information and signatures from the manufacturer and test lab representatives
are included. Upon verification of compliance with the test methods described in
Section 94805, from a laboratory meeting the performance specifications in
Section 94805(d), the ARB will issue an Executive Order that the indoor air
cleaning device has completed certification for sale of the device within
California. Certification will be granted to manufacturers, who have the
responsibility to comply with all provisions of this article.
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(b) Any indoor air cleaning device using only mechanical filtration for pollutant
removal is exempt from the testing requirement for the ozone emission standard
of 0.050 ppm as determined in Section 94805, based on their known de minimis
ozone emissions. Verification of this mechanical-filtration-only exclusion from
ozone emission testing will be made by the ARB Executive Officer based on the
submission of product design specifications and documentation by the
manufacturer, distributor or retailer. Documentation to the ARB shall include a
description of the air cleaning performance technology employed, as well as a
block diagram and schematic of the model. Indoor air cleaning devices qualifying
as a “mechanical filtration only” device shall be certified under ANSI/UL Standard
507. To be certified under this regulation, manufacturers of such indoor air
cleaning devices must submit the information required in sections 94804 c(1) to
94804 c(3) below. These products are still subject to the labeling requirements
specified in Section 94806(b) and 94806(d).
(c) The application for certification must include the information in subsections (c)(1)
through (c)(5) below, and any other information deemed necessary by the ARB
Executive Officer. If the requested information is not applicable to the indoor air
cleaning device in question, the applicant must indicate “not applicable”. If the
Executive Officer concurs with the applicant’s judgment, the Executive Officer
may waive the requirement to provide the information requested.
(1) Manufacturer name, mailing address, physical address, phone number, email
address, and website;
(2) Applicant or representative name, mailing address, physical address, phone
number, and email address, if different from manufacturer;
(3) Indoor air cleaning device information:
(A) Brand name
(B) Model name
(C) Model number
(D) Model group, and other models included in model group, where applicable
(E) Discussion of the principles of operation and design
(F) Device schematics depicting operation
(G) Maintenance requirements
(I) Operations manual, if available
(J) Marketing materials, if available
(4) Indoor air cleaning device test information:
(A) Test facility identification and proof of current Nationally Recognized
Testing Laboratory (NRTL) accreditation
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(B) Ozone emission concentrations for all units tested, as measured
according to Section 94805, including both the 24-hour measurement as
well as information regarding whether any transitory measurements
exceeded 0.050 ppm
(C) Whether a device failed the ozone emission test for any reason, and if so,
the reason (e.g., excess transitory excursions, motor failure during the
test, device not received with packaging intact, electrical part
overheated/unsafe to continue, etc.)
(D) Chain of custody of test device(s)
(E) Statement from the testing laboratory that the ozone emissions were
determined in accordance with the protocols in the March 2007 UL
Certification Bulletin.
(F) Notification of compliance with the electrical safety provisions of ANSI/UL
Standard 867 or 507, where applicable, for all units tested.
(5) Any additional information the laboratory needs to communicate.
(d) Notification must be provided to the Executive Officer within 30 days if the indoor
air cleaning device fails any post-certification testing conducted to verify
compliance with ANSI/UL Standard 867 or Standard 507, whichever is
applicable.
(e) ARB may revoke certification for any device deemed noncompliant in the future
when tested according to procedures described in Section 94805, or if any other
ARB certification requirements are no longer met.
NOTE: Authority cited: Section 41986, Health and Safety Code.
Reference: Sections 41985, 41985.5, Health and Safety Code.
94805. Test Method
(a) For the purpose of compliance with this regulation only a single model of indoor
air cleaning device within a model group, if one exists, must be evaluated under
the test methods.
(b) Testing to determine compliance with the requirements of this article, shall be
performed following the ANSI/UL Standard 867 or 507, where applicable, in their
entirety, which are hereby incorporated by reference.
(c) Ozone emissions will be determined using the March 2007 UL Certification
Bulletin for Section 37 of ANSI/UL Standard 867, which is hereby incorporated by
reference. See
http://www.arb.ca.gov/research/indoor/aircleaners/ozonecertbulletin.pdf .
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(d) Testing of indoor air cleaning devices must be conducted by a laboratory
currently recognized as an NRTL by the U.S. Occupational Safety and Health
Administration (OSHA), to perform testing for the entire ANSI/UL Standard 867 or
507, where applicable. Laboratories also must pass an ARB audit to verify their
ability to accurately perform the ozone emissions testing procedure as described
in the March 2007 UL Certification Bulletin. The ARB audit may include, and is
not necessarily limited to, review of written test protocol operating procedures,
test chamber and analyzer configuration, background ozone measurements, air
exchange rate, ozone half-life test results, equipment calibration and
maintenance records, and other related information; and an onsite review.
NOTE: Authority cited: Section 41986, Health and Safety Code.
Reference: Sections 41985, 41985.5, Health and Safety Code, Standard 867 of
Underwriters Laboratories Inc. for Electrostatic Air Cleaners, ANSI/UL 1980.
94806. Labeling Requirements
(a) All indoor air cleaning devices for use in occupied spaces are required to display
an ozone emissions certification label on the product packaging after completion
of requirements of Section 95804 prior to sale in California, unless satisfying the
requirements for exemption as specified in Section 94803.
(b) For non-medical devices, the ozone certification label shall be at least 1 inch by 2
inches in size, easily readable, and shall state “This air cleaner complies with the
federal ozone emissions limit. ARB certified for sale in California” in bold type
whose uppercase letters are not less than 4 mm high; recommended
typographical font size is 12 point.
(c) For medical devices, the ozone certification label shall be in compliance with
federal law, including Section 801.415 of Title 21 of the Code of Federal
Regulations.
(d) All indoor air cleaning devices for use in occupied spaces (both medical and nonmedical)
are required to display the ANSI/UL Standard 867 safety certification
mark on the device, consistent with the Standard 867 requirements of the
appropriate NRTL safety certification organization, after completion of
requirements of Sections 94804 and 94805 and prior to sale in California, unless
the device satisfies the requirements for exemption as specified in Section
94803. Devices qualifying as a “mechanical filtration only” device as described in
Section 94801(a)(16) and Section 94804(b) shall display the ANSI/UL Standard
507 certification mark, or the mark of any ANSI/UL Standard that addresses
electrical safety for mechanical air cleaners that succeeds Standard 507.
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(e) Any indoor air cleaning device subject to Section 94802 and meeting the
requirements of this regulation shall include the label contents under subsection
(b) above in a prominent place on all Internet web pages, mail order catalogs,
and related materials used for the advertising and sales of the device. Any
indoor air cleaning devices that qualify for exemption under Section 94803 are
required to display the appropriate exemption label on all internet web pages,
mail order catalogs, and related sales materials.
(f) Any indoor air cleaning device for use in occupied residential or commercial
spaces that is advertised or sold via the Internet but that has not been certified
according to 94804 must display the following advisory in a prominent place on
the primary web pages, catalog pages, and related materials where such device
is advertised or displayed for sale: “This device does not meet California
requirements and cannot be shipped to California addresses.”
(g) Indoor air cleaning devices that are designed, manufactured, advertised, and
sold solely for commercial use in unoccupied spaces must be prominently
labeled on the package as “Solely for commercial use in unoccupied spaces.
Potential health hazard: emits ozone.” This label also must appear on all
marketing and advertising materials, and on all Internet web pages and mail
order catalogue pages where advertised for sale.
NOTE: Authority cited: Section 41986, Health and Safety Code.
Reference: Sections 41985, 41985.5, Health and Safety Code; 21CFR 801.415.
94807. Notice to distributors, retailers and sellers
By September 30, 2008, manufacturers of indoor air cleaning devices manufactured,
sold, supplied, offered for sale, or introduced into commerce in California must submit
documentation that they have provided to all of their known distributors, retailers, and
sellers true and accurate copies of the final regulation approved by the ARB and the
California Office of Administrative Law. Additionally, manufacturers must submit to the
ARB Executive Officer contact information (name, street and mailing address, phone,
and email address), for all of their California distributors, retailers, and sellers. Such
information may be kept confidential upon request as specified in Sections 91000 et
seq. of Title 17, Subchapter 4 (Disclosure of Records) of the California Code of
Regulations. For new distributors, retailers and sellers who become known to
manufacturers after September 30, 2008, manufacturers must provide similar notice to
them and provide contact information to the ARB. Non-compliance with this provision
may result in rejection or revocation of certification.
Reference: Sections 91000 et seq. of Title 17, Subchapter 4 (Disclosure of Records) of
the California Code of Regulations.
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94808. Recordkeeping Requirements
Manufacturers, distributors, retailers, sellers, and test laboratories are required to
maintain production, quality control, sales, and testing records, as appropriate, for at
least three years, and to make them available to the ARB upon request.
94809. Rejection, Revocation, Recall, and Penalties
An application for certification may be denied, or a certification may be revoked
or suspended, for failure to comply with any provision of this article. If the Executive
Officer determines that a violation of this article has occurred, he or she may order that
the products involved in or affected by the violation be recalled and replaced with
products that comply with this article. In the event of a violation of this article, all other
penalties authorized by law apply as well.
94810. Severability
Each part of this article shall be deemed severable, and in the event that any part
of this article is held to be invalid, the remainder of this article shall continue in full force
and effect.
NOTE: Authority cited: Section 41986, Health and Safety Code.
Reference: Sections 41985, 41985.5, Health and Safety Code.
http://www.arb.ca.gov/research/indoor/aircleaners/proposed_reg_order_6-5-07.pdf