Legislation Affecting the Pressure Washer Industry
Regulations and Compliance
Introduction
Regulations can be divided into several categories:
• Safety Certification (OSHA)
• Environmental (Emissions and Water)
• Mandatory vs Voluntary
• Federal Law vs Local Regulation
• Consumer Protection Act
• Laws (OSHA, Clean Air and Water Act)
• Codes
• Trade Agreements
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Buy America 49 CFR 661
Buy-American Act 41 U.S.C 10
Conflict Minerals Reporting
ST-3 (Steel Products Act 73 P.S. 1881)
Regulations and Compliance
Understanding Regulations Impacting the
Pressure Washer Industry
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Agenda
Introduction
Why Product Certification?
Product Safety Certification / Market Access
Safety Standards: IEC/UL/CSA
Environmental Protection
International Shipments
Gasoline and Diesel Engines
Trailer Registration
National Codes
Warranty Laws
Requirements for Selling Products to Government Agencies
Buy America vs Buy American, ST-3 procurement Act
Conclusion
Certification worldwide
Mandatory
Recommended
Regions w/ increasing
mandatory certification
Regulations and Compliance
Why Product Safety Certification?
Several countries around the world make it mandatory I will
only address North America:
– Under OSHA (CCOHS) regulation 1910.399 and 1910.303(a) states, that all
electrical and other types of equipment used in the workplace must be “listed” by
an “approved” testing agency. Failure to comply can result in penalties and
removal of all equipment that does not display the certification mark from a
NRTL. Regulation 1910.303(a)(2) states that listed and labeled equipment shall
be installed in accordance with the listing or labeling (outdoor vs Indoor)
– Worker Protection: Manufacturers that submit their product for certification will
be inspected by a NRTL (UL, CSA, ETL) to an industry safety standard. These
standards contain safety devices, testing, practices and warnings to protect the
operator from any foreseen danger.
– Liability Protection: In this day of costly litigation, one of our best legal
protections against an accident on the job is purchasing only equipment that has
been certified by an NRTL to rigorous pressure washer industry safety
standards.
Regulations and Compliance
Product Safety Certification
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A NRTL provides Certification Services for safety to nationally recognized standards.
They must meet the requirements of 29 CFR 1910.7 to be recognized by OSHA of the U.S.
Government.
Product certification is a multi-step process:
• Product submittal. Samples of a product are submitted for testing against a widely
recognized standard appropriate to the product and locale where it is to be marketed or
installed.
• Agreement. Once it is ascertained that the product complies with the requirements of
the standard, the manufacturer sign an agreement that initiates a series of site
inspections..
• Factory Assessment. The initial Factory Assessment (IFA), determines if the
manufacturing site is capable of consistently producing products identical to the
evaluated samples.
Upon satisfactory completion of the testing and assessment, an authorization to mark the
product is issued and the product is eligible to be “listed” in the NRTL Directory of Listed
Products.
The product is now eligible to bear a certification mark, which contains the manufactures
number and standard against which it was evaluated.
Regulations and Compliance
Safety Standards Used in Our Undustry
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UL 1776 – Pressure Washer Standard will be harmonized to UL 60335-2-79
UL 73 - Electric motor operated appliance standard
UL 795 - Commercial-Industrial Gas Heating Equipment
CGA 3.2-1992 – Commercial Gas Fired Equipment
UL 1017 – Vacuum Cleaners, Blowers and Household Floor Finishing Machines
UL 1450 – Motor operated Air Compressors, vacuum pumps and painting equipment
CSA B140.11 – Pressure Washer Safety Standard
CSA 22.3 - Electric motor operated appliance standard
CGA 2.17-1976 – Gas-Fired Appliances
UL 296 – Safety of Oil Burners
CSA B140.2.1 – Atomizing type oil burners
UL 979 – Standard for Water Treatment Appliances
CSA C22.2 #68 – Motor operated Appliances
IEC 60335-2-79 – Pressure Washer Standard for international equipment
NSF C-2 – Sanitation Foundation Standard for cleaning equipment
Consumer Product Safety Act of 2008 (CPSIA) Sec. 14(a)(1)
Regulations and Compliance
Environmental Protection
Clean Air Act of 1990
• Federal law requires all 50 states to comply with this law
• Each state must have a program to reduce air pollution
• California is the most restrictive and enforce the Rules or
Regulations
• These regulations are different from state to state and
jurisdiction to jurisdiction.
• The California program is the standard most states or
counties implement.
• They regulate CO and NOx at 3% oxygen emission
• This is a permit program and recently we received an
exemption status by permit under Rule amendment 222
removing us from Rule 1147.
Regulations and Compliance
Environmental Protection
Clean Air Act requirements for pressure washers
• CETA was instrumental in taking the lead lobbying with the
SCAQMD to adopt a category for pressure washer equipment
working to exempt pressure washers under rule 219 accomplished
under amendment rule 222 for permitting, removing pressure
washers from restrictive rule 1147. SCAQMD Compliance Advisory
Notice dated May 14th, 2014 states: “Rule 1147 no longer applies to
pressure washers because this equipment is now included in Rule
219 –Equipment Not Requiring a Written Permit Pursuant to
Regulation ll, and Rule 222”
• Presently under this new regulation propane and natural gas
machines are exempt but oil fired models require owners to
purchase a permit to operate in California. Requires an hour meter
to measure time of burner operation.
• Future innovations that can reduce NOx levels below 9ppm can
eliminate the need to purchase operating permits every year. The
reason CETA lobbied to be removed from rule 1147.
Efficiency Regulations and Compliance
Existing Efficiencies & Regulations:
 CO in flue gas <400ppm
 Federal Level: 78% Annual Fuel Utilization Efficiency (AFUE
Standard)
 Smoke test #3 on the smoke spot
 The EUnited Cleaning Machines Association requires on a
voluntary bases any machine greater then 50KW (170,800 Btu’s)
can not have a thermal loss of greater then 9% as measured
using the carbon dioxide content or oxygen measurement in the
exhaust.
Efficiency Regulations and Compliance
Environmental Protection
Department of Energy (DOE) Efficiency Requirements
• The DOE has adopted an efficiency standard for process heaters
and equipment that heat water for cleaning.
• The 2015 efficiency standard DOE 10 CFR 430 regulation will be
81% for Natural Gas/Propane and 83% for oil fired burners. No
mention of pressure washer equipment but could be used to
regulate our industry because of the broad definition.
• CETA is working on development of an efficiency standard for the
pressure washer industry for the purpose of submittal to the DOE
preventing enforcement of an efficiency standard not related to our
industry.
• CETA is also working with Intertek Testing Services to use our
efficiency standard allowing equipment to be labeled with the Green
Leaf or a verified logo and hopefully in the future establishing a
category for pressure washers and the use of the Energy Star labels
providing tax credit incentives.
Future Efficiency Regulations and Compliance
WASHINGTON, DC - The U.S. Department of Energy (DOE) recently announced it has
increased the energy efficiency standards for process heaters and boilers. The Department
amended these standards, which become effective in 2015.
The minimum AFUE rating requirements vary based on the type of fuel used and the heating
medium. The minimum AFUE rating for a gas-fired hot water process heaters and boilers is
82%; the minimum AFUE rating for an oil-fired hot water process heater and boiler is 84%. In
addition, gas-fired process heaters and boilers are not permitted to have a constant burning
pilot.
In 2020 the ENERG is going to make mandatory EU-wide 9% thermal energy loss in exhaust
gas on machines over 170,800 btu’s
Regulations and Compliance
Environmental Protection
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Is your pressure washer Emission Compliant?
SORE (small off road Equipment), Evaporative emission requirements
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All gasoline engine powered pressure washers must now meet strict rules and
regulations in the United States and in California for emissions. They must also be
approved for emission compliance to be sold anywhere in the US or California. The
USEPA (Environmental Protection Agency) issues the Certificate of Conformity for
compliance for 49 states (all states except California). California issues Executive
Orders (EO’s) for all machines that will be sold into California or used in California. It
is important to verify that the pressure washer that you are considering purchasing in
California has an EO issued from CARB (California Air Resources Board). If the
pressure washer is only EPA approved for 49 state sales then it can’t be bought, sold
or used in California. You would be in violation and fined. If you are not in California
then make sure the pressure washer system is EPA approved with a Certificate of
Conformity to ensure that you are selling complying equipment.
Regulations and Compliance
Environmental Protection
This topic is very complex and will involve several slides.
The following slides will discuss EPA regulations
impacting our industry:
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Small off-road Equipment (SORE) :
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The purpose of these regulations is to:
(a) Set performance standards for gasoline-fueled, spark-ignited small off-road equipment utilizing engines
rated at equal to or less than 19 Kilowatts (26 HP)
(b) In order to give manufacturers maximum flexibility, compliance programs were available beginning the
2006 model year.
What pressure washer products require compliance?
• All gasoline powered products.
Does a manufacture need to register their equipment if the engine has an integrated fuel tank and is labeled
for compliance?
• No
Does a manufacturer need to register if the engine is certified and the fuel tank is provided by the pressure
washer manufacturer?
• Yes
– Enforced by compliance officers most commonly from complaints and
whistle blowing, penalties $37,5000 for each occurrence
Regulations and Compliance
Gasoline and Diesel Engines
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Regulation ICES-002
– Use engines that comply with SAE J551 and CISPR 12. This is part of
the EMC testing or C-Tick labeling. Engines should have the C-Tick
label with the supplier code number.
– Compliance to regulation CAN/CSA-CISPR 12-10 similar to SAE J551
for combustion engines
Tier l – lV engines
– Implementation of diesel and gasoline engines emission requirements.
2015 is the final date for compliance.
– Engines must be labeled as compliant. Some engine manufacturers
have made the decision to comply with the 49 state requirement and not
sell engines into California
Federal EPA Registration
Regulations and Compliance
Environmental Protection
Prop 65, Canada RoHS, CA RoHS and REACH (Chemical Manufactures)
• Part of the Safe drinking water & Toxic enforcement act of 1986
• There is a list of 750 chemicals (OEHHA) known to be hazardous toxins
• Manufactures are required to identify these toxins on products and place
applicable warning labels
• This requires working with suppliers to gather this information.
• 60 day notice is given in advance of alleged violation to keep it out of the
media
• Average settlement is $186,000. A group of attorneys have formed to
inspect consumer products mainly to find violations.
• Example:
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Look at warning labels on various products warning the operator to wash their hands after
touching PVC coated power cords on equipment if they contain methylene Chloride? Do you
warn against chemicals known by the State of California to cause cancer and birth defects or
other reproductive harm?
• Spark arrestors must be available for all equipment using engines
on National Forest land
Consumer Product Safety Improvement Act 2008
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“Every manufacturer” of a product that is subject to a consumer product
safety rule or similar rule, ban, standard or regulation and which is “imported
for consumption or warehousing” or “ distributed in commerce”
Products certified to industry safety standards meet the requirements of the
CPSC Law
Manufacturers (including importers), distributors and retailers must report to
the CPSC immediately if they learn that one of their products fails to comply
with an applicable consumer product safety rule or “any other rule,
regulation, standard, or ban” under the CPSA or any other Act enforced by
the Commission
No company likes to recall one of its products, but when a safety problem
makes a product recall necessary to prevent injuries and save lives, it
benefits everyone to move quickly and effectively.
We need to follow the CPSIA RECALL HANDBOOK
A Guide for Manufacturers, Importers, Distributors and Retailers on
Reporting Under Sections 15 and 37 of the Consumer Product Safety Act
and Section 102 of the Child Safety Protection Act and Preparing for,
Initiating, and Implementing Product Safety Recalls
Regulations and Compliance
International Shipments
• Canada and the USA are the only countries in the world
that have not completely adopted the IEC safety
standards
• Self certify to an IEC safety standard and national
directives
• Construct a technical construction file
• Comply with the IEC and national directives
• Have equipment tested to comply with EMC directives
and place the C-Tick and CE label as required on
equipment
• Issue a declaration of conformity for each shipment
Regulations and Compliance
Trailer Registration
• All trailers rated above 3500lbs must be registered
• Submit and register as a manufacturer of trailers
• Registered with the Federal Department of
Transportation and the National Highway Traffic Safety
Administration (NHTSA)
• You will receive an identification number
• Issue a vehicle identification number (VIN) in compliance
with the regulations
• Record the DOT number on each tire installed on our
trailer for possible tire recall notifications
• Issue a certificate of origin with each trailer
Regulations and Compliance
National Codes
• Standards like national electric codes (NEC/CEC) are
included in the safety standards
• When designing equipment used indoors understand the
requirements of the National Fire Protection Association
(NFPA)
– Example: Size of propane bottles and requirement for distance
from product during operation. Recommendations in operators
manuals for installation should comply with the NFPA and
building codes
• The food and health industry have requirements that
equipment must comply with the National Sanitation
Foundation standards (NSF).
Regulations and Compliance
Warranty Laws
• The Magnuson-Moss Warranty Act is the federal law that governs
consumer product warranties. Passed by Congress in 1975, the Act
requires manufacturers and sellers of consumer products to provide
consumers with detailed information about warranty coverage. In
addition, it affects both the rights of consumers and the obligations
of warrantors under written warranties.
• To understand the Act, it is useful to be aware of Congress'
intentions in passing it. First, Congress wanted to ensure that
consumers could get complete information about warranty terms
and conditions. By providing consumers with a way of learning what
warranty coverage is offered on a product before they buy, the Act
gives consumers a way to know what to expect if something goes
wrong, and thus helps to increase customer satisfaction.
Regulations and Compliance
Selling Products to Government Agencies
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Understanding Buy America
The Buy America Act requirements apply to iron and steel products and their coatings that are
purchased for the federal-aid highway construction program (highways, bridges, transit systems
and terminals). Under Buy America, federal-aid funds may not be obligated for a project unless
iron and steel products used in such projects are manufactured in the United States.
An exception is that foreign-source materials, valued at the greater of $2,500 or 0.1 per cent of the
original contract value, are permitted. Value is based on the value “as delivered to the project
site,” and is the total for the project for all foreign-source materials. Under an alternate-bid
procedure, foreign-source materials may be used if the total project bid using foreign-source
materials is 25 per cent less than the lowest total bid using domestic materials.
The Buy America Act defines manufactured as any process that modifies the chemical content,
physical shape or size, or final finish of a product. Manufacturing begins with the initial melting and
mixing, and continues through the bending and coating stages (coating includes epoxy coating,
galvanizing, painting, and any other coating that protects or enhances the value of the coated
steel or iron product/component).
Understanding Buy American
The Buy American Act is a separate and distinct program from Buy America and has completely
different rules. The Buy American Act, which covers specified products, requires the U.S.
government to purchase domestic goods and services unless the head of the agency involved in
the procurement has determined that the prices of the domestic suppliers are “unreasonable” or
that the purchase would be “inconsistent with the public interest.” The act also contains
exceptions in terms of trade agreements.
Trade agreements are, for example, the NAFTA agreement or WTO agreements recognized by
the U.S.
Regulations and Compliance
Conclusion
These are the major items which we deal with monthly in our industry. There are
several other items such as Massachusetts and other state and local regulations but
if we comply with the above we can be approved by almost all jurisdictions. There are
regulations such as CAN/CGA 2.17 requiring information labeling on products for high
altitudes. We have new regulations being introduced and old regulations being
amended. We have new standards like CAN/CSA-B128.1-06/B128.2-06 (R2011) Design and Installation of Non-Potable Water Systems/Maintenance and Field
Testing of Non-Potable Water Systems which could affect water treatment products.
These new standards can also open doors for new product offerings giving
consumers options to comply with these new regulations. This presentation did not
discuss the Clean Water Act of 1987(Public Law 100-4). This law could impact
products like aqueous parts washers and water reclamation products.