1. (a) For the purpose of this article, the following definitions apply:

   1. (1) “Air exchange rate” means the rate at which outdoor air replaces the volume of indoor air within a given space.

   2. (2) “ANSI” means American National Standards Institute.

      (3a) “ANSI/UL Standard 507” means the version of ANSI/UL Standard 507 for Safety for Electric Fans, Tenth Edition, published on November 09, 2017, and revised on November 15, 2018.

      (3b) “ANSI/UL Standard 867” means the version of ANSI/UL Standard 867 for Electrostatic Air Cleaners, Fifth Edition, published on August 04, 2011, and revised on August 07, 2018.

      (3c) “ANSI/UL Standard 484” means the version of the ANSI/UL Standard for Safety for Room Air Conditioners, Ninth Edition, dated February 7, 2014, and revised on September 06, 2018.

      (3d) “ANSI/UL Standard 1278” means the version of ANSI/UL Standard for Safety for Movable and Wall- or Ceiling-Hung Electric Room Heaters, Fourth Edition, dated March 21, 2014, and revised on August 20, 2018.

      (3e) “ANSI/UL Standard 1017” means the version of the ANSI/UL Standard for Safety for Vacuum Cleaners, Blower Cleaners, and Household Floor Finishing Machines, Tenth Edition, dated September 15, 2017, and revised on July 19, 2018.

      (3f) “ANSI/UL Standard 1993” means the version of the ANSI/UL Standard for Safety for Self-Ballasted Lamps and Lamp Adapters, Fifth Edition, dated January 27, 2017, and revised on August 06, 2018.

      (3g) “ANSI/UL Standard 73” means the version of the ANSI/UL Standard for Motor-Operated Appliances, Tenth Edition, dated March 02, 2011, and revised on August 08, 2018.

      (3h) “ANSI/UL Standard 153” means the version of the ANSI/UL Standard for Portable Electric Luminaires, Thirteenth Edition, dated March 03, 2014, and revised on July 27, 2018.

      (3i) “ANSI/UL Standard 998” means the version of the ANSI/UL Standard for Humidifiers, Fifth Edition, dated April 25, 2011, and revised on April 04, 2016.

      (3j) “ANSI/UL Standard 1995” means the version of the ANSI/UL Standard for Heating and Cooling Equipment, Fifth Edition, dated July 31, 2015, and revised on August 17, 2018.

      (3k) “ANSI/UL Standard 1598” means the version of the ANSI/UL Standard for Luminaires, Fourth Edition, dated August 28, 2018.

      (3l) “ANSI/UL Standard 49” means the version of the ANSI/UL Standard for Electric Heating Appliances, Fourteenth Edition, dated November 07, 2014, and revised on February 23, 2017.

   3. (4) “CARB” means the California Air Resources Board.
   4. (5) “Certification mark” means the symbol used by a recognized testing organization to indicate that a representative sample of the product bearing the symbol meets certain quality or safety criteria. For this regulation the organizations of interest are the Nationally Recognized Testing Laboratories (NRTL) that verify compliance with the applicable ANSI/UL or CSA Standards for indoor air cleaning devices.
   5. (6) “CCR” means the California Code of Regulations.
   6. (7) “CFR” means the U. S. Code of Federal Regulations.
   7. (8) “CSA” means the Canadian Standards Association.
   8. (9) “CSA C22.2 no. 187-20” means the version of the CSA Standard for Electrostatic Air Cleaners posted on January 21, 2020.
   9. (10) “Concentration” means the amount of a specified substance in a unit amount of another substance.
   10. (11) “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.
   11. (12) “Distributor” means any person to whom an indoor air cleaning device is sold or supplied for the purposes of resale or distribution in commerce.
   12. (13) “Dual-function” means any electronic device that includes an air cleaning component in addition to its primary function.
   13. (14) “Emission” means the release or discharge of a substance into the environment.
   14. (15) “Executive Officer” means the Executive Officer of the Air Resources Board or the Executive Officer's designee.
   15. (16) “Half-life” means the time required for the concentration of a substance to be reduced to half of its initial value.
   16. (17) “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 entering or inside an enclosed space, (including but not limited to, rooms, houses, apartments, stores, offices, vehicles), and the air surrounding a person. Such devices include, but are not necessarily limited to, 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 vehicle; and devices designed to be attached to or inserted into a window, wall, ceiling, post, duct, or other indoor surface; and personal air cleaning devices.
   17. (18) “In-duct air cleaner” means an energy-using air cleaning device within a heating, air-conditioning, and/or ventilation system for an enclosed space.

   18. (19) “Industrial use” or “industrial application” means the use of an ozone-producing air cleaning device in the following manner:

       1. (A) destruction of microbes on produce in an agricultural processing plant, refrigerated transport truck, or related facility, provided no people are physically present.
       2. (B) chemical oxidation and disinfection in the electronics, pharmaceutical, biotechnology and chemical industries, provided no people are physically present.
       3. (C) odor and smoke control in the hotel industry, for intermittent and temporary use, carried out by trained personnel, and provided no people are physically present.
       4. (D) mold, odor, fire and smoke damage remediation services, carried out by trained personnel, and provided no people are physically present.
       5. (E) odor control in the motor vehicle reconditioning and detailing industry, carried out by trained personnel, and provided no people are physically present.
       6. (F) odor control in mausoleums, carried out by trained personnel, and provided no people are physically present.
   19. (20) “Label” means an area containing the required statement in an easily readable format, separate from unrelated text. This is printing on the product packaging, or, for air cleaners sold prior to October 1, 2012, may be an adhesive sticker.
   20. (21) “Listing mark” means the symbol used by Underwriters Laboratories, Inc. to indicate that a representative sample of the product bearing the symbol meets certain UL quality or safety criteria. For this regulation, the organizations of interest are the Nationally Recognized Testing Laboratories (NRTL) that verify compliance with the applicable ANSI/UL or CSA Standards for indoor air cleaning devices.
   21. (22) “Manufacturer” means any person who imports, manufactures, assembles, produces, or packages an indoor air cleaning device.
   22. (23) “Medical device” means “device” as defined in subsection (h) of Section 321 of Title 21 of the United States Code.
   23. (24) “Mechanical filtration only” means removal of contaminants from air only 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.
   24. (25) “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 treatments such as color, remote control, or other cosmetic features not potentially related to ozone output would belong to the same model group.
   25. (26) “NIST” means the U. S. National Institute of Standards and Technology.
   26. (27) “Non-medical device” means any indoor air cleaning device that does not meet the definition of “medical device” above.
   27. (28) “NRTL” means Nationally Recognized Testing Laboratory, as recognized by U. S. OSHA per section 1910.7 of Title 29 of the Code of Federal Regulations.
   28. (29) “OSHA” means U. S. Occupational Safety and Health Administration.
   29. (30) “Packaging” means the materials around the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the product. “Packaging” includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached. “Packaging” does not refer to a secondary container used for shipping purposes, unless it is the only packaging used for the product.
   30. (31) “Permanent filter” means a filter which cannot be removed by a consumer or testing laboratory and is physically capable of functioning effectively for the stated or intended lifetime of the device.
   31. (32) “Personal air cleaning device” means a device intended to clean the air surrounding a person. It may be worn on, or carried by, a person in any way, including but not necessarily limited to, around the neck, or in a pocket, purse, or similar item.
   32. (33) “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.
   33. (34) “Retailer” means any person who sells, supplies, or offers for sale, indoor air cleaning devices, directly to consumers.
   34. (35) “Supply” means to make available for purchase or use.
   35. (36) “UL” means Underwriters Laboratories, Inc.
   36. (37) “U. S.” means United States of America.
   37. (38) “UVGI”, for the purposes of this regulation, means ultraviolet germicidal irradiation and is ultraviolet (UV) light from a lamp that only emits wavelengths greater than 240 nanometers (nm), and produces no measureable ozone.

Note: Authority cited: Section 41986, Health and Safety Code. Reference: Sections 41985, 41985.5 and 41986, Health and Safety Code; 21 C.F.R. § 801.415; 29 C.F.R. § 1910.7; and 21 U.S.C. § 321(h).

History

1. Amendment of subsection (a)(3b), new section filed 9-18-2008; operative 10-18-2008 (Register 2008, No. 38).

2. New subsections (a)(3c)-(a)(3f) and amendment of subsections (a)(16)-(17) and (a)(20) filed 9-9-2010; operative 10-9-2010 (Register 2010, No. 37).

3. Amendment filed 9-8-2020; operative 10-1-2020 pursuant to Government Code section 11343.4 (Register 2020, No. 37).