As used in this article, the following terms shall have the
meanings indicated:
HOME ENERGY AUDIT
A comprehensive measurement-based diagnostic analysis of
a home's energy performance, performed by an individual accredited
to perform home energy audits by any of the following organizations:
the Building Performance Institute (BPI), the Residential Energy Services
Network (RESNET), the Home Energy Rating System (HERS), the American
Society for Heating, Refrigerating and Air-Conditioning Engineers
(ASHRAE), or certified or accredited by the Association of Energy
Engineers, or other certifying entity approved or certified by a state
or federal agency authorized to certify home energy auditors. A licensed
architect or engineer may also perform home energy audits.
HOME ENERGY AUDITOR
Any person, as defined in this article, who advertises or
provides the service of performing a home energy audit as defined
herein. Any partnership, company, association, firm, corporation or
other entity or business providing home energy audits in Suffolk County
must employ at least one natural person certified or accredited to
provide home energy audits who has registered as a home energy auditor
pursuant to this article.
PERSON
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
Any person who provides, or who advertises to the public the
service of providing, a home energy audit in Suffolk County must register
with the Department of Consumer Affairs and must provide proof at
the time of registration that he or she meets the standards necessary
to provide home energy audits. Registration shall be valid for a period
of three years. Upon the expiration of registration, any person continuing
to provide home energy audits shall reregister and provide proof that
he or she continues to meet all necessary standards to provide home
energy audits.
No person who fails to register with the Department of Consumer
Affairs as a home energy auditor as required by this article shall
advertise or provide energy-efficiency services that include or claim
to include a "home energy audit," "energy audit," "energy-efficiency
audit" or any other formulation that could reasonably be construed
to be a home energy audit as defined herein.
Nothing in this article shall prohibit persons, corporations,
partnerships, contractors, agents or employees from providing or offering
home energy consulting, educational and informational services, including
home energy surveys, home energy assessments or other consultation
or advice on home energy efficiency, provided that the energy survey,
assessment or similar such services provided or offered are not advertised,
represented, referred to as, or implied to be or include a home energy
audit, as defined herein.
The Commissioner of the Suffolk County Department of Consumer
Affairs is hereby authorized to promulgate all rules, regulations
and procedures necessary to administer this article on or before the
effective date of this article.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect on the 120th day immediately
subsequent to filing in the Office of the Secretary of State.