Ariz. Admin. Code § 3-7-203

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-7-203 - Approval, Installation, Use, and Sale of Devices

A. A commercial device installed or placed in use after January 1, 1975, shall have an NCWM National Type Evaluation Program ("NTEP") Certificate of Conformance or have a California Type Evaluation Program ("CTEP") Certificate of Approval. www.ncwm.net/ntep/cert_search

1. If a commercial device has been continuously licensed, or evidence shows it has been in use by the owner in Arizona since January 1, 1975, the commercial device is exempt from NTEP or CTEP approval requirements.

2. If a commercial device exempt under subsection (A)(1) fails the specifications, tolerances, or other technical requirements of Handbook 44 during a Division inspection, the Division shall issue a Stop-Sale, Stop-Use tag or seize the device per R3-7-104(A) and revoke the commercial device license under A.R.S. § 3-3472. A person shall no longer use the device commercially.

B. A person shall not use a commercial device that has an Out-of-Service or Stop-Sale, Stop-Use tag until the person repairs the commercial device as ordered by the Division, the commercial device meets the requirements of A.R.S. Title 3, Chapter 19, Handbook 44, and this Chapter, and approval is obtained from the Division to resume use of the device. If a person sells a commercial device that has an Out-of-Service or Stop-Sale, Stop-Use tag, the seller shall not remove the tag and must disclose to the buyer that the commercial device is not in compliance.

Ariz. Admin. Code § R3-7-203

Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.