16-0208 v3.X CDPH Exception


After initially pursuing the Health & Happiness Petal, we have found that there are a couple factors that hinder meeting all Petal requirements, one of which is the CDPH requirement. We are requesting that a smaller number of materials, rather than 100% CDPH-eligible, qualify to meet the intent of Imperative 8, Healthy Interior Environment. For the NRDC Midwest Expansion, we installed a little over 100 products. 32% of all materials installed, or 34 products, are eligible for CDPH compliance or equivalent. Of those 34, 76%, or 26 products, meet CDPH or equivalent. Only 7% of all products have not been tested or are not CDPH (usually the former). To clarify, 7% of products would show up on the Materials Tracking Sheet as “CDPH Applies? - Yes, CDPH Compliant? - No or Unsure.” Some of these products could be tested at a cost, like sealants, while others have been custom made for the project and would not realistically be tested. One example of this is our felt panels. These are custom-made for the project by a one-man shop. The cost of the product is not enough to warrant complete CDPH testing by the manufacturer. Because we are pursuing Petal Certification - Materials, we treated the Red List as a higher priority than CDPH or equivalent. That being said, would similar advocacy and due diligence for the few products that are not CDPH compliant be reasonable for an exception? Or would it be reasonable to lower the threshold of % compliant in order to exclude the few products with significant barriers to meeting the requirements? *Note: While the documentation for the NRDC Midwest Expansion has already been submitted, we are using the Midwest Expansion case as an example for the NRDC SF Office as well as precedent setting for other projects going forward.


Project teams must prioritize the specification and installation of 100% CDPH compliant products. However, the Institute has created a new Clarification and Exception to address current limits in the market.

New Clarifications: 

CDPH Components
When all applicable components of the a constructed product are CDPH compliant and have been individually tested, the final product does not require individual testing. Teams must provide CDPH documentation for each of the relevant components.

Market Limitations
To address instances when a CDPH compliant product is not available in the market. Teams may research and advocate for compliant products and install a small number of untested or noncompliant products using the new exception below. Note that installing products that are not CDPH compliant may impact a project's ability to meet IAQ testing thresholds.

New Exception: 

I08-E5 General CDPH Compliance
If a project team is unable to find a CDPH compliant product after communicating with at least three manufacturers, the project team may use a product that cannot demonstrate CDPH compliance. The team must advocate to the selected manufacturer for compliance with CDPH Standard Method v1.1-2010. No more than 20% of eligible products, by either cost or number of products, can use this Exception. 

I08-b Product List - A list of CDPH applicable products, with calculations demonstrating no more than 20% of products or cost have used this Exception.
I08-c Due Diligence Documentation - Documentation of their effort to find compliant products in the form of correspondence, research results, etc. 

Post ID 4267

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