§ 8–1771.05. Testing, certification, labeling, and enforcement.

(a) The manufacturers of products covered by this chapter shall test samples of their products. The tests shall be conducted in accordance with test procedures contained in § 8-1771.03 or with test procedures adopted by California or Maryland if the test procedures were adopted to enforce energy efficiency standards substantially identical to those adopted by the District of Columbia. If test procedures are not provided for in § 8-1771.03, the Mayor may adopt test procedures adopted by any other state, United States Department of Energy-approved test methods or, in the absence of such test methods, other appropriate nationally recognized test methods.

(b) Manufacturers of new products covered by § 8-1771.03, except for single-voltage external AC to DC power supplies and walk-in refrigerators or freezers, shall certify that the products are in compliance with the provisions of this chapter. The certifications shall be based on test results. The Mayor may promulgate rules governing the certification of such products and may coordinate with the certification programs of other states and federal agencies with substantially identical standards.

(c) Manufacturers of new products covered by § 8-1771.03 shall identify each product offered through retailers for sale or installation in the District of Columbia as in compliance with the provisions of this chapter, or with the energy efficiency standards enacted by another state or the federal government if the standards on which the compliance is based are substantially identical to the appropriate standards in the District of Columbia, by means of a mark, label, or tag on the product or packaging at the time of sale or installation. The Mayor shall allow the use of existing marks, labels, or tags that connote compliance with the efficiency requirements of this chapter. All display models of products covered by § 8-1771.03 shall be displayed with a mark, label, or tag on the product indicating compliance with the efficiency requirements of this chapter. If a national efficiency standard is established by federal law or regulation for a product covered by § 8-1771.03, the labeling requirements of this subsection shall not apply to the product.

(d) The Mayor may test products covered by § 8-1771.03 following the implementation dates of the standards provided in § 8-1771.03 for the specific product. If products so tested are found not to be in compliance with the minimum efficiency standards established under § 8-1771.03, after notice and a hearing, the Mayor shall:

(1) Impose a penalty on the manufacturer of the product in an amount at least equal to the cost of product purchase and testing; and

(2) Make information available to the public on products found not to be in compliance with the standards.

(e) The Mayor may randomly and periodically inspect distributors or retailers of new products covered by this chapter to determine compliance. The Mayor may also undertake inspections prior to occupancy of newly constructed buildings containing new products that are also covered by the Construction Codes.

(f)(1) The Mayor may investigate potential violations of this chapter. If the Mayor finds, after notice and a hearing, that a manufacturer, distributor, or retailer of a product covered by this chapter, or a person who installs a product covered by this chapter, violates any provision of this chapter, the Mayor:

(A) For a first violation, shall issue a warning; and

(B) For a second or subsequent violation, may take one or more of the following actions:

(i) Impose a penalty not to exceed:

(I) Two thousand five hundred dollars if the violator is, or is an agent of, a manufacturer, distributor, or retailer of the product; or

(II) Five hundred dollars for any other violator;

(ii) Issue a cease and desist order; or

(iii) Request that the Attorney General for the District of Columbia commence civil or criminal action to secure injunctive or other appropriate relief.

(2) Each violation shall constitute a separate offense. Each day that a violation continues shall constitute a separate offense.

(3) Penalties assessed under this subsection shall be in addition to the costs assessed under subsection (d) of this section.

(g) The Mayor may adopt such other rules as may be necessary or appropriate for the implementation and enforcement of this chapter.