EPA
Water Sense                                   WaterSense* New Home Certification System
       Draft WaterSense New Home Certification and Labeling System

This document is meant to supplement the WaterSense Program Guidelines and specifically
outlines the process for certification and labeling of new homes in compliance with the Water-
Efficient Single-Family New Home Specification, including the general procedures for builder
application and receipt of the certificate containing the WaterSense label for new homes. (The
certificate is hereafter referred to as the WaterSense label.) This document also describes the
general application procedures and requirements for those parties involved in training, home
inspection, certification, and issuance of the WaterSense label.

I.      Definition of Parties

Builder Partner: A home builder who has committed to building new homes in accordance with
the Water-Efficient Single-Family New Home Specification and providing other support as
specified in these guidelines. The builder must signify such commitment by signing a
WaterSense partnership agreement with the U.S. Environmental Protection Agency (EPA).
Procedures and requirements for builders are outlined in Section II. of this document.

Water-Efficiency Home Inspector: An individual who provides inspection services of new
homes in accordance with the Water-Efficient Single-Family New Home Specification. The
inspector must be trained by an EPA-licensed provider in accordance with training materials
prepared by WaterSense. In addition, the inspector must work for or be contracted with an EPA-
licensed provider. Procedures and requirements for inspectors are outlined in Section III. of this
document.

Certification Provider: An organization licensed by EPA to hire or contract with inspectors,
oversee new home inspections, and provide builder partners of certified new homes with the
WaterSense label. The provider's designated quality assurance personnel also conducts
training of inspectors in accordance with training materials prepared by WaterSense. The
provider must signify such commitment by signing a partnership agreement and a licensing
agreement with EPA.  Procedures and requirements for providers are outlined in Section IV.  of
this document.

Program Administrator: A national, independent organization that is approved by EPA to
oversee businesses, organizations, and individuals who inspect and certify homes to meet the
Water-Efficient Single-Family New Home Specification and issue the WaterSense label. The
program administrator will train providers to conduct training of inspectors in accordance with
training materials prepared by WaterSense and will approve and oversee the providers'
certification process as it relates to WaterSense. Procedures and requirements for program
administrators are outlined in Section V. of this document.
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II.      Procedures and Requirements for Builder Partners

A.     Partnership Agreements with EPA

Builders must first sign a partnership agreement with EPA as described in Section IV. of
the WaterSense Program Guidelines1 if they wish to obtain the WaterSense label for
their homes. Upon request for labeling, the provider will verify that the builder has in
place a WaterSense partnership agreement signed by both EPA and the builder.

B.  New Home Certification and Labeling

Achieving and using the WaterSense label in conjunction with a water-efficient new
home is contingent upon successful inspection and certification that the home meets the
minimum criteria contained in the Water-Efficient Single-Family New Home
Specification. Figure 1 portrays the key elements of the new home certification process
and the relationships between EPA, the home builder, the inspector, the provider, and
the program administrator. An inspector must directly inspect each new home in order
for the provider to issue the builder partner the WaterSense label for that home.

       i.      Application to a provider

       To have a home inspected to meet the specification and to receive the
       WaterSense label, the builder partner must contact a provider that is licensed by
       EPA. The provider will assign an inspector or provide a listing of inspectors the
       builder may use to inspect the home. To find a licensed provider in your area,
       see the list on the WaterSense Web site, www.epa.gov/watersense.2 Each
       provider will have its own  procedures for assigning and conducting inspections.
       The builder is responsible for paying the provider for all services and costs
       associated with the new home inspection, certification, and issuance of the
       WaterSense label.

       ii.      New home inspection

       The inspector will inspect  each home in accordance with these guidelines, the
       specification, and inspection materials prepared by WaterSense. Inspection
       materials are also available on the WaterSense Web site,
       www.epa.gov/watersense.3 The inspection will include an assessment of the
       following aspects of each  new home in accordance with the minimum
       requirements contained in the specification:
              a.  Minimum indoor water-efficiency criteria;
              b.  Minimum outdoor water-efficiency criteria; and
              c.  Builder-prepared homeowner operating manual.
       In the case of the minimum outdoor water-efficiency criteria, if the home has  an
       irrigation system, the builder partner must have the irrigation system designed,
       installed, and inspected by a WaterSense irrigation partner. A listing of irrigation
1 The WaterSense Program Guidelines will be updated to include procedures and requirements for builder partnership
upon release of the final specification.
2 The list of licensed providers will be available upon the release of the final specification.
3 The inspection materials will be available upon the release of the final specification.
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       partners by state can be found at www.epa.gov/watersense/pp/irrprof. htm. The
       irrigation partner must also complete an inspection form verifying that the
       irrigation system meets the minimum criteria contained in the specification. The
       form can be found on the WaterSense Web site at www.epa.gov/watersense.4 A
       copy of the completed form must be provided to the inspector as part of the
       inspection process.

       iii.    New home certification and labeling

       Once the inspector has successfully inspected the new home in accordance with
       the specification, it will inform the provider. Based on the inspection
       documentation, the provider will make the certification decision.  If the provider
       determines that the new home meets the minimum criteria contained in the
       specification, it will then issue the builder partner a certificate template that
       contains the WaterSense label. At a minimum, the certificate template will also
       contain:
             •   The name of the builder partner;
             •   A certification statement that the new home has been certified to  meet
                 EPA's criteria for water-efficient new homes;
             •   The name of the inspector's and provider's authorized representatives
                 and their respective signatures;
             •   The address or lot number of the  associated certified new home;  and
             •   The date of inspection.
       The WaterSense label indicates that the new home has been certified to conform
       to the specification. At the time the WaterSense label is issued, the provider will
       also supply the builder partner with guidance on proper use of the label and
       advertisement of the WaterSense labeled new home. The builder partner is then
       allowed to advertise that the new home conforms to the specification. Any
       promotion of the WaterSense label must be directly related to the certified new
       home. Information on proper label use and advertising references may also be
       obtained from the WaterSense Web site at www.epa.gov/watersense.

       iv.    Builder partner registry

       EPA will maintain an updated list of builder partners who have built or plan to
       build WaterSense labeled new homes. As part of the partnership agreement with
       EPA, the builder will provide EPA with:
             •   Contact information;
             •   Company Web site;  and
             •   A list of states and/or localities in  which they build.
       EPA will post this information on its builder partner registry,
       www.epa.gov/watersense.5

       The provider must report at least quarterly to EPA regarding the new homes that
       they have  certified. EPA will supply the provider with a WaterSense labeled new
       home notification form, which is also available on the WaterSense Web site,
4
 The inspection materials will be available upon the release of the final specification.
5 Builders are not eligible to partner with EPA until the release of the final specification. The registry of builder partners will
be available after the commencement of builder partnership eligibility.
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       www.epa.gov/watersense.6 At a minimum, the provider will supply EPA with the
       following information for each builder that is issued a WaterSense label:
             •   Builder partner's contact information;
             •   Number of labeled new homes and cities and states (or zip codes) in
                 which the homes are built; and
             •   Data collected for each home per the inspection checklists,
                 aggregated to provide total numbers of installed appliances and
                 systems (e.g., type of hot water delivery system, clothes washers,
                 dishwashers, irrigation  systems).

       Builder contact information, number of certified new homes, and certified new
       home location (city, state) information will be updated, as applicable, for each
       builder partner quarterly and displayed on the WaterSense builder partner
       registry. Information pertaining to the optional water-efficiency features will be
       used for program evaluation and analysis.

       v.     Ongoing surveillance

             a.   New home re-inspection/co-inspection

             As  part of the requirements for ensuring conformance with the
             specification criteria,  the provider's quality assurance designee will
             oversee the inspections. This includes a mandatory re-inspection/co-
             inspection of the inspector's first three homes and annually thereafter,
             one home or 1 percent of the inspector's  inspected homes, whichever is
             greater. This re-inspection/co-inspection will occur prior to the home's
             sale or occupancy as designated by the provider. Any instances of non-
             conformance identified during the re-inspection/co-inspection will be
             handled in accordance with Section VI. of this WaterSense New Home
             Certification and Labeling System.

             b.   EPA surveillance

             EPA reserves the right to conduct periodic in-home inspections of labeled
             homes prior to their sale or occupancy and to periodically review Web
             and other certification references and WaterSense label usages. In the
             case of an in-home inspection, EPA will seek permission and coordinate
             the inspection with the builder partner and the home's inspector and
             provider. If problems or violations are discovered, EPA will contact the
             provider and/or the builder partner and engage in corrective or other
             necessary action in accordance with Section VI. of this WaterSense New
             Home Certification and Labeling System.

III.     Procedures and Requirements for Water-Efficiency Home Inspectors

Inspectors inspect new homes in accordance with the minimum criteria contained in the
specification. To provide inspection  services for WaterSense, an inspector must:
' The notification form will be available upon the release of the final specification.
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       Complete the training requirements as outlined in this section;
       Work for, or contract with, a provider that is licensed by EPA; and
       Disclose existing or potential conflicts of interest to the provider for all relevant
       inspections related to WaterSense.
Other responsibilities of inspectors are also outlined in this section.

A.  Inspector Training and Administration

       i.     Training of inspectors

       An inspector must demonstrate a knowledge base and skill set to conduct
       inspections of new homes for WaterSense. As part of that demonstration, the
       inspector must attend training conducted by an EPA-licensed provider's quality
       assurance designee. EPA maintains a listing of licensed providers on the
       WaterSense Web site, www.epa.gov/watersense.7

       Upon completion of the training requirements,  the provider will supply inspectors
       with documentation of the training, and with materials needed to conduct
       inspections. This will include a copy of the specification, inspection guidance, an
       inspection checklist, and any other materials prepared by EPA related to the
       inspection of new homes  for the WaterSense program. Inspection materials may
       also be obtained on  the WaterSense Web site at www.epa.gov/watersense.8

       ii.     Administration of inspectors

       To provide inspections of new homes for WaterSense, inspectors who have
       completed the required training also must work for, or contract with, an EPA-
       licensed provider. A licensed provider should be contacted directly for information
       on becoming  a water-efficiency home inspector. The list of approved providers is
       available on the WaterSense Web site, www.epa.gov/watersense.9 This
       information may also be obtained from the WaterSense Helpline at (866) WTR-
       SENS (987-7367).

       In addition, the inspector must disclose to the provider any existing or potential
       conflicts of interest, including financial interests, related to inspections for
       WaterSense.  The provider must agree to provide this disclosure to the builder or
       homeowner upon request.

       As part of its responsibilities, the provider will oversee inspectors in accordance
       with its own process relevant to the evaluation of the inspector's capability and
       competence to inspect new homes for WaterSense. The provider's quality
       assurance designee(s) will provide oversight functions that, at a minimum, will
       include:
 The list of licensed providers will be available upon the release of the final specification.
' The inspection materials will be available upon the release of the final specification.
 The list of licensed providers will be available upon the release of the final specification.
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              •   Conducting the inspector training and maintaining documentation of
                 training;
              •   For each inspector, re-inspecting/co-inspecting the first three
                 inspections and annually thereafter one home or 1 percent of the
                 certified homes, whichever is greater;
              •   Annually conducting a comprehensive review of 10 percent of the
                 inspector's inspection files;
              •   Maintaining file records for a minimum of three years; and
              •   Maintaining records of all complaints issued and complaint resolutions
                 regarding the certified new homes for a  minimum of three years.

B. New Home Inspection

The builder partner will contact a provider to schedule an inspection and apply for
certification of his or her home's conformance to the specification. The provider is
responsible for providing the builder partner with a list of its inspectors and/or assigning
inspectors to perform the inspections for WaterSense. For each new home inspection
assigned, the inspector must evaluate the following three aspects against the
requirements of the specification:
          •   Minimum indoor water-efficiency criteria;
          •   Minimum outdoor water-efficiency criteria; and
          •   Builder-prepared homeowner operating manual.

EPA has prepared inspection guidance  and an inspection checklist containing the
inspection criteria and minimum features a home must possess in order for it to meet the
criteria contained in the specification. The provider will supply these materials to the
inspector, but these materials may also  be obtained from the WaterSense Web site,
www.epa.gov/watersense.10

Each of these aspects is further described below. If the inspector determines the new
home is deficient in any area, and if corrective actions are  appropriate  and warranted,
the inspector can work directly with the builder partner to ensure that the deficiency is
corrected before finalizing the inspection. All deficiencies and corrective actions must be
noted as part of the inspection documentation.

       i.      Minimum indoor water-efficiency criteria

       The inspection guidance and inspection checklist will identify the inspection
       criteria and the minimum features a home must posses in order for it to meet the
       indoor water-efficiency criteria listed in the specification. The inspector must
       utilize the inspection checklist (or other method of documentation that contains all
       of the minimum information in the inspection checklist) to document the home's
       indoor water-efficiency features and compliance with the specification's minimum
       criteria. Testing may be required to evaluate certain indoor water-efficiency
       features.  The  provider will provide guidance and training for when to conduct
       testing and the procedures and reporting requirements for the testing.
  The inspection materials will be available upon the release of the final version of this WaterSense labeled new home
certification system.
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       ii.     Minimum outdoor water-efficiency criteria

       There are two aspects to outdoor water efficiency: landscape design and
       irrigation system design. The inspector will inspect the design of the landscape
       using materials (e.g., inspection guidance, inspection checklist) prepared by
       EPA. If the home possesses an irrigation system, the inspector will verify that it
       was designed, installed, and inspected by a WaterSense irrigation partner. A
       listing of irrigation partners by state can be found at
       www.epa.gov/watersense/pp/irrprof.htm. The builder partner will provide the
       inspector with an inspection form completed by the WaterSense irrigation
       partner, which will indicate whether the irrigation system meets the minimum
       criteria in the specification. The completed irrigation audit form shall be submitted
       to the provider along with the completed inspection form.

       iii.    Homeowner operating manual

       The builder partner is required to develop and provide to the homebuyer a written
       operating and maintenance manual regarding the water-efficient features of the
       home. As part of the home inspection, the inspector must verify and document
       that the builder partner has prepared such a manual.

B.     Notify Provider of New Home Inspections

Upon successful inspection, the inspector will notify and supply the provider with a copy
of all relevant paperwork documenting the new home's inspection in accordance with
each of the elements above. At a minimum, the inspector must report the following
information to the provider for each inspected new home:
          •  Documentation of the home's compliance with the requirements
             contained in the specification (i.e., a completed inspection checklist)-this
             includes any initial deficiencies and corrective actions taken;
          •  Builder contact information;
          •  Address (or lot number) of inspected new home;
          •  Name and contact information for the inspector; and
          •  Inspection date.

Based  on the inspection documentation provided by the inspector, the provider will make
the certification decision. If the new home has  been determined to meet all of the criteria
contained in the specification, both the inspector that conducted the inspection and the
provider's authorized representative will sign the certificate, which contains the
WaterSense label. The provider will issue the signed certificate to the builder partner.

C.     Ongoing Support

       i.      Maintain file of inspected homes

       The inspector is responsible for maintaining a file of all of the homes he or she
       has inspected for a minimum of three years. For each home, the file must
       contain, at a minimum, the information  submitted to the provider and listed in
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       Section III.C. above. The inspector must submit to an annual comprehensive
       review of 10 percent of his or her files by the provider's quality assurance
       designee, as part of the provider's quality assurance process.

       ii.     Maintain status as required by provider

       To maintain status as an inspector for WaterSense, the inspector must maintain
       any training and other requirements indicated by the provider.

       iii.    Allow EPA to accompany provider on routine assessments of
             inspections

       EPA reserves the right to conduct periodic in-home inspections of labeled homes
       prior to their sale or occupancy. In the case of an in-home inspection, EPA will
       seek permission and coordinate the inspection with the builder partner and the
       home's inspector and provider. If problems or violations are discovered, EPA will
       contact the provider and/or the builder partner and engage in corrective or other
       necessary action in accordance with Section VI. of this WaterSense New Home
       Certification and Labeling System.

IV.     Procedures and Requirements for Licensed Providers

Licensed providers hire or contract inspectors and oversee the inspection of new homes
for WaterSense. The providers also conduct training of inspectors, in accordance with
training materials prepared by WaterSense. Providers are responsible for providing the
builder partner with the WaterSense label for each certified new home and providing
EPA with ongoing support as described in this section.

A.     Procedures for Becoming a Licensed Provider

       i.   Attend provider training session

       As part of its responsibilities as a provider for WaterSense, the provider is
       required to train its inspectors to properly conduct and document new home
       inspections. In order to become a provider for WaterSense, all individuals
       responsible for quality assurance from the provider's organization must attend a
       training session. Training will be conducted either by EPA or an  EPA-approved
       program administrator. EPA or the program administrator will provide the
       applicant provider with documentation that the training requirement was fulfilled.
       This documentation will need to be submitted to the program administrator with
       the application to become a provider for WaterSense. To find out when the next
       training is scheduled, contact an EPA-approved program administrator. A list of
       approved program administrators can be found on the WaterSense Web site,
       www.epa.qov/watersense.11 This information may also be obtained from the
       WaterSense Helpline at (866) WTR-SENS (987-7367).
  The list of approved program administrators will be available upon the release of the final version of this WaterSense
labeled new home certification system.
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       ii.  Designate personnel responsible for quality assurance

       WaterSense requires each provider to have at least one quality assurance
       designee. This person(s) must be named in the application to both the program
       administrator and to EPA. The quality assurance designee is responsible for:
             •   Training the provider's inspectors on how to properly conduct and
                 document inspections and maintaining documentation of trainings;
             •   Re-inspecting/co-inspecting each inspector's first three probationary
                 inspections;
             •   Annually re-inspecting/co-inspecting one home or 1 percent of each
                 inspector's inspected homes, whichever is greater;
             •   Annually conducting a comprehensive review of 10 percent of each
                 inspector's files;
             •   Maintaining the providers  quality assurance files; and
             •   Coordinating with the program administrator as required on all quality
                 assurance activity oversight.

       The quality assurance designee must meet the following requirements:
             •   Must be an individual who does not perform any inspections for
                 WaterSense;
             •   Must have a minimum of one year of experience conducting
                 inspections for WaterSense or another green building program; and
             •   Must have a formal agreement with the provider agreeing to comply
                 with all of the quality assurance oversight activities  required by the
                 program administrator.

       iii. Submit application to a program administrator

       Once the provider training session is  completed and  a quality assurance
       designee is identified, the provider must submit an application  to an  EPA-
       approved program administrator. Each program administrator will have its own
       requirements and approval process and should be contacted directly for  more
       information. The list of program administrators is available on the WaterSense
       Web site, www.epa.gov/watersense.12 This information may also be obtained
       from the WaterSense Helpline at (866) WTR-SENS (987-7367).

       The program administrator, as part of the approval process, will evaluate the
       provider's capability and competence to provide training of its inspectors,
       oversee the inspections, and issue the WaterSense label.  This may  include, but
       is not limited to, an evaluation of the provider's:
             •   Documentation of attendance at a provider training session;
             •   Procedures for ensuring the inspectors' ability to perform accurate
                 inspections, including a requirement that the provider's quality
                 assurance designee re-inspect/co-inspect the first three inspections
                 and annually thereafter one home or 1 percent  of the certified homes,
                 whichever is greater;
12
  The list of approved program administrators will be available upon the release of the final version of this WaterSense
labeled new home certification system.
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              •   Inspector conflict of interest disclosure, including financial interest
                 conflicts, which must be accompanied by an agreement that the
                 provider will provide this disclosure to the builder/homeowner upon
                 request;
              •   Inspector discipline provisions, which must include, at a minimum,
                 progressive discipline procedures including probation, suspension,
                 and termination;
              •   Inspector quality control procedures, including the minimum quality
                 assurance requirements as described in  Section IV.A.ii.;
              •   Quality assurance designee, all relevant  contact information, his or
                 her minimum responsibilities outlined in Section IV.A.ii.  and a copy of
                 the formal agreement between the provider and quality assurance
                 designee;
              •   Inspection record-keeping provisions including the quality assurance
                 record for each home (copies of the documentation provided by the
                 inspectors) and a registry of all of the provider's inspectors; and
              •   Complaint resolution process including documentation of procedures
                 to respond to and resolve complaints involving the inspections and/or
                 certifications, a requirement to inform clients of the complaint
                 resolution process, and maintenance for  a minimum of three years of
                 records of all complaints received and response to complaints.

       Upon successful completion of the evaluation, the program administrator will
       supply the provider with documentation of approval.

       iv.  Approval from EPA

       a.      Application and agreements

       Once the provider is approved by the program administrator, in order to offer
       services for WaterSense, the provider must submit a signed partnership
       agreement and signed licensing agreement to EPA.  These agreements must be
       accompanied with documentation of consent from an EPA-approved program
       administrator, documentation of completion of a provider training session, and
       identification of the quality assurance designee(s). The provider must also
       designate and provide to EPA a point of contact (this individual may be different
       than the quality assurance designee). This point of contact will coordinate
       communication and dissemination of information to and from EPA  regarding the
       provider's services for the WaterSense program.

       The partnership agreement is the formal agreement between EPA and the
       provider that delineates activities (partner pledges and EPA commitments) to be
       conducted by each party, program benefits, and exclusions. The licensing
       agreement is the legal document between EPA and  the provider granting the
       provider access to and conditions for authorizing the use of and distribution of the
       WaterSense label. A copy of the partnership agreement can be found on the
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       WaterSense Web site, www.epa.gov/watersense.13 Contact the WaterSense
       Helpline at (866) WTR-SENS (987-7367) or watersense@epa.gov for a copy of
       the licensing agreement.

       b.     Obtaining the WaterSense label

       Once EPA receives the signed partnership and licensing agreements and
       reviews the supporting documentation, it will sign the partnership and licensing
       agreements and return copies to the applicant provider with an electronic copy of
       certificate template, which contains the WaterSense label.

       The certificate template contains:
              •   The name of the builder partner;
              •   A certification statement that the new home has been  certified to meet
                  EPA's criteria for water-efficient new homes;
              •   The name of the inspector's and provider's authorized representatives
                  and their respective signatures;
              •   The address or lot number of the associated certified new home; and
              •   The date of inspection.

       The receipt of the certificate template and copies of the executed agreements
       signifies the approval and licensure of the provider. EPA will maintain a listing of
       its licensed providers on the WaterSense Web site, www.epa.gov/watersense.14
       Builders will contact providers directly to initiate the inspection, certification, and
       labeling process.

       c.  Obtaining materials to train inspectors

       Upon licensure to provide services for WaterSense, the provider must submit
       proof of the executed partnership and licensing agreements to the program
       administrator that originally approved it. This indicates to the program
       administrator that the provider has completed all of the requirements necessary
       to offer services for WaterSense. Then the program administrator will supply the
       inspector training materials, inspection guidance, and inspection forms to the
       provider. The provider must use these materials to train its inspectors that wish to
       inspect new homes for WaterSense. The program administrator can verify  the
       provider's licensure by checking the list of licensed providers available on the
       WaterSense Web site, www.epa.gov/watersense.15 This information may also be
       obtained from the WaterSense Helpline at (866) WTR-SENS (987-7367).

       With the receipt of the inspector training materials, inspection  guidance, and
       inspection forms,  the provider can begin training its inspectors and offering its
       inspection and certification services for WaterSense to builder partners.
13 A copy of the partnership agreement and licensing agreement will be available upon the release of the final version of
the final specification.
14
  A copy of the partnership agreement and licensing agreement will be available upon the release of the final version of
the final specification.
  The inspection materials will be available upon the release of the final version of this WaterSense labeled new home
certification system.
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B.     Responsibilities of a Provider

       i.      Inspector administration and training

       The provider is responsible for hiring or contracting with inspectors to complete
       the inspection of new homes for the WaterSense program. As part of the
       administration of its inspectors,  the provider must provide training in accordance
       with inspector training materials prepared by WaterSense and provided by the
       program administrator. The provider's quality assurance designee must keep
       documentation of all its inspectors' training and will provide records of training to
       the program administrator upon request. The provider must also provide those
       inspectors that completed the training with the  materials and  guidance necessary
       to conduct the inspections. These materials may be obtained from the program
       administrator upon notification of licensure or are available on the WaterSense
       Web site, www.epa.gov/watersense.16

       As part of the administration of  inspectors, the  provider will also periodically
       monitor the inspections as outlined below in Section IV.C.iii.

       ii.     Verification of builder  partnership agreement with EPA

       Builders must apply directly to a licensed provider if they wish to have their
       home(s) certified to receive the  WaterSense label. The provider will provide the
       builder with a list and/or will assign the builder  an inspector to coordinate the
       inspection.

       As a condition for applying to have their home(s) certified and labeled for
       conformance to the specification, builders are required have  a signed
       WaterSense  partnership agreement. EPA will rely on the provider to verify that
       this  partnership agreement is in place (and signed by both parties) prior to
       issuing the WaterSense label. To verify the partnership agreement, the provider
       should check the WaterSense Web site for a current list of builder partners. This
       listing  can be found on the WaterSense Web site, www.epa.gov/watersense.  If
       the builder is not listed on the WaterSense Web site, the provider must verify the
       partnership agreement by contacting the WaterSense Helpline at (866) WTR-
       SENS (987-7367) or watersense@epa.gov.17

       iii.    Issuing the WaterSense label

       Once the inspector has successfully completed the inspection, he  or she will
       submit copies of the inspection  forms and supporting documentation to the
       provider. Based on the inspection documentation provided by the inspector, the
       provider will make the certification decision. Once the provider determines that
       the new home meets all of the criteria contained in the specification, the provider
  The inspection materials will be available upon the release of the final version of this WaterSense labeled new home
certification system.
  Builders are not eligible to partner with EPA until the release of the final specification. The registry of builder partners
will be available after the commencement of builder partnership eligibility.
Draft                                 12                           December 18,2008

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     A
     1  *
                                           WaterSense® New Home Certification System
       will fill out the certificate containing the WaterSense label with the information
       pertaining to the certified new home. Both the provider's authorized
       representative and the inspector that conducted the inspection will sign the
       certificate and then the provider will supply the builder partner with an original
       signed copy.

       At the time the WaterSense label is issued, the provider will also supply the
       builder partner with guidance on proper use of the label and advertisement of
       WaterSense labeled new homes. The builder partner is then allowed to advertise
       that the new home conforms to the specification. Any promotion of the
       WaterSense label must be directly related to the certified new home. Information
       on proper label use and advertising references may also be obtained from the
       WaterSense Web site at www.epa.gov/watersense.18

C.     Ongoing Support

EPA anticipates that the provider will  supply ongoing support in the following areas:

       i.      Maintain registry of inspectors

       The provider must maintain a  registry of all of the inspectors it hires or contracts
       to conduct new home  inspections for WaterSense. Builder partners may contact
       providers directly for a listing of  inspectors. This registry should also include
       records of training and other documentation of inspectors' qualifications as
       appropriate.

       ii.     Collect data on certified new homes

       The provider must report at least quarterly to EPA regarding the new homes that
       they have certified. EPA will supply the provider with a WaterSense labeled new
       home notification form, which  is  also available on the WaterSense Web site,
       www.epa.gov/watersense.19 At a minimum, the provider will supply EPA with the
       following information for each  builder that is issued a WaterSense label:
              •   Builder partner's contact information;
              •   Number of certified new homes and cities and states (or zip codes) in
                  which the homes are built; and
              •   Data collected for each home per the inspection checklists,
                  aggregated to provide total  numbers of installed appliances and
                  systems (e.g., type of hot water delivery system, clothes washers,
                  dishwashers, irrigation systems).

       Builder contact information, number of certified new homes, and certified new
       home location (city, state) information will be updated for each builder partner
       quarterly and displayed on the WaterSense builder partner registry. Information
1 8
  The label use guidelines pertaining to new homes will be available upon the release of the final version of this
WaterSense labeled new home certification system.
19 The notification form will be available upon the release of the final specification.
Draft                                 13                          December 18,2008

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        n-:1se                              WaterSense® New Home Certification System

       pertaining to the optional water-efficiency features will be used for program
       evaluation and analysis.

       iii.     Oversee inspections and maintain records of complaints

       The provider will oversee inspectors in accordance with its own process relevant
       to the evaluation of the inspector's capability and competence to inspect new
       homes for WaterSense. The provider's quality assurance designee(s) will provide
       the oversight functions, which, at a minimum, will include:
              •   Conducting the inspector training and maintaining documentation of
                 training;
              •   For each inspector, re-inspecting/co-inspecting  the first three
                 inspections and annually thereafter one home or 1 percent of the
                 certified homes, whichever is greater;
              •   Annually conducting a comprehensive review of 10 percent of the
                 inspector's inspection files;
              •   Maintaining file records for a minimum of three years;
              •   Maintaining records of all complaints issued and complaint resolutions
                 regarding the certified new homes for a minimum of three years; and
              •   Maintaining records of any quality assurance checks it conducts
                 during the year and submit a report to the program administration as
                 required or requested.

       If the complaints warrant response, the provider must follow its complaint
       resolution procedures and policies. This must include a mechanism for ensuring
       and enforcing necessary corrective action, discipline of the affected inspector, as
       appropriate, and potentially increasing the frequency of re-inspections/co-
       inspections conducted for the affected inspector.

       iv.     Allow EPA to accompany provider on routine assessments of
              inspector inspections

       EPA reserves the right to conduct periodic in-home inspections of WaterSense
       labeled new homes prior to their sale or occupancy and reviews of Web and
       other certification references and WaterSense label usages. In the case of an in-
       home inspection, EPA will seek permission and coordinate the inspection with
       the builder partner and the home's inspector and provider.  If problems or
       violations are discovered, EPA will contact the provider and/or the builder partner
       and engage in corrective or other necessary action in accordance with Section
       VI. of this WaterSense New Home Certification and Labeling System.

       v.     Update inspectors on relevant WaterSense program changes

       Providers must maintain  regular communication with their inspectors, informing
       them of any changes to the training or inspection requirements, as specified by
       WaterSense, and  including any implications for the inspector's current status.
       Any program changes will be communicated to the provider by EPA and the
       program administrator.
Draft                                14                          December 18,2008

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        n-:1se                             WaterSense® New Home Certification System

V.     Procedures and Requirements for Program Administrators

WaterSense will approve program administrators to evaluate, approve,  and oversee
providers, and provide EPA ongoing support as described in this section.

A.     Application Procedures for Program Administrators and Approval by EPA

In order for a program administrator to be selected to approve and oversee providers it
must submit an application to EPA. The application must include the following
documentation:

       i.      A letter declaring intent to participate in the WaterSense program as
              a program administrator

       The letter must contain declarations and/or attached documentation to support
       the following requirements:

              a.     Demonstrate impartial governance

              The organization must prove  impartial governance by demonstrating that
              it:
                 •  Does not directly inspect or certify new homes for the WaterSense
                    program or issue the WaterSense label to builder partners;
                 •  Maintains open membership for all potential WaterSense
                    providers;
                 •  Has established a governing board of directors or executive
                    committee composed of a diverse group of members representing
                    various aspects of the home building industry, which may include
                    but is not limited to, water-efficiency and home-energy experts,
                    architects, engineers,  landscape designers, providers for other
                    green building programs, and/or other stakeholders as
                    appropriate.

              b.     Demonstrate national scope

              The organization must demonstrate ability to offer WaterSense program
              administration services at a national level. This demonstration must be in
              the form of a business plan delineating planned goals, objectives, and
              milestones to achieve and/or maintain national scope. This can include,
              but is not  limited to:
                    Conducting recruitment efforts at national building science
                    conferences;
                    Providing feedback to EPA as appropriate on national water-
                    efficiency or WaterSense-related policy issues; and/or
                    Complying with other requirements that EPA may deem sufficient
                    to  demonstrate national scope.
Draft                                15                         December 18,2008

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        n-:1se                              WaterSense® New Home Certification System

              c.     Demonstrate policies and procedures governing oversight of
                    WaterSense providers

              The organization must provide documentation that its by-laws, governing
              policies and procedures are applicable and effective for the approval and
              oversight of providers that are licensed by EPA to provide services for the
              WaterSense program. This documentation must include:
                 •  A copy of its technical standards for approval and oversight
                    procedures;
                 •  A requirement that inspectors complete training and receive
                    documentation and materials necessary to conduct inspections for
                    WaterSense;
                 •  A requirement for the identification of a quality assurance
                    designee for each provider;
                 •  Quality control procedures for providers, including procedures for
                    disciplining providers that do not follow the quality control
                    procedures;
                 •  Record-keeping requirements for providers;
                 •  Procedures to investigate the complaints, dismissal and appeals
                    of providers;
                 •  A business code of ethics for providers;
                 •  A complaint resolution process for the provider and the program
                    administrator;
                 •  A requirement that the provider's quality assurance designee re-
                    inspect/co-inspect the first three inspections and annually
                    thereafter one home or 1 percent of the certified homes,
                    whichever is greater;
                 •  A requirement that the providers and their inspectors maintain a
                    database of homes that receive certification and the WaterSense
                    label; and
                 •  Any other specific quality assurance steps that the program
                    administrator will undertake to ensure the quality of the provider's
                    work.

       ii.     Point of contact

       The program administrator must indicate in its application the point of contact
       and must provide that individual's contact information. This point of contact will
       be responsible for communicating and disseminating information to and from
       EPA as appropriate or requested regarding the WaterSense program.

       iii.     Memorandum  of agreement

       The application  must also be accompanied by a signed copy of the memorandum
       of agreement (MOA), which  outlines the terms and conditions for providing
       program administration services for WaterSense. Contact the WaterSense
Draft                                16                          December 18,2008

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      4

 i  -  _  *ji':ise                               WaterSense® New Home Certification System

        Helpline at (866) WTR-SENS (987-7367) or watersense@epa.gov for a copy of
        the MOA.20

B.      EPA Approval of Program Administrators

Upon receipt and evaluation of the application and supporting documentation, if all
criteria  are satisfactorily met, EPA will notify the program administrator that it has been
approved to provide services for WaterSense and will return a signed and executed copy
of the MOA. In addition, EPA will provide the approved program administrator with the
inspector training materials,  inspection guidance, and inspection forms. These materials
are to be supplied to the providers upon submittal of proof of partnership and licensure
with EPA.

Once approved and notified, EPA will post the organization's name and contact
information, including the designated point of contact, on the WaterSense Web site as
an approved program administrator. The approved program administrator is then able to
begin recruiting and approving providers in accordance with this document.

C.      Responsibilities of Program Administrators

        i.      Training of providers

        As part of its responsibilities, the program administrator is required to conduct
        provider training sessions, which will instruct providers on how to train their
        inspectors to properly conduct and document new home inspections. The
        program administrator must inform potential providers of when and where the
        training will be offered. The program administrator must train or participate in the
        training of all individuals responsible for quality assurance at the applicant or
        potential applicant  providers' organizations. The program administrator will
        provide the applicant provider with documentation that the training requirement
        was fulfilled. The provider must submit documentation of attendance at a
        provider training session to the program administrator with the application to
        become a provider for WaterSense.

        ii.    Approval of providers

        Once a provider training session is  completed and a quality assurance designee
        is identified, the provider must submit an application to an EPA-approved
        program administrator. The program administrator, as part of the approval
        process, will evaluate the provider's capability and competence to provide
        training of its inspectors, oversee the inspections, and issue the WaterSense
        label. This may include, but is not limited to, an evaluation of the provider's:
              •   Documentation of attendance at a provider training session;
              •   Procedures for ensuring the inspectors' ability to perform accurate
                 inspections including a requirement that the provider's quality
                 assurance designee re-inspect/co-inspect the first three inspections
  The MOA will be available upon the release of the final version of this WaterSense labeled new home certification
system.
Draft                                 17                          December 18,2008

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     v  hi':lse                              WaterSense® New Home Certification System

                 and annually thereafter one home or 1 percent of the certified homes,
                 whichever is greater;
              •  Inspector conflict of interest disclosure, which must be accompanied
                 by an agreement that the provider will  provide this  disclosure to the
                 builder/homeowner upon request;
              •  Inspector discipline provisions, which must include, at a minimum,
                 progressive discipline procedures including probation, suspension,
                 and termination;
              •  Inspector quality control procedures, including the  minimum quality
                 assurance requirements as described  in Section IV.A.ii.;
              •  Quality assurance  designee, all relevant contact information, his or
                 her minimum responsibilities outlined in Section IV.A.ii., and a copy of
                 the formal agreement between the provider and quality assurance
                 designee;
              •  Inspection record-keeping provisions including the quality assurance
                 record for each home (copies of the documentation provided by the
                 inspectors) and a registry of all of the provider's inspectors; and
              •  Complaint resolution process including documentation of procedures
                 to respond to and resolve complaints involving the inspections and/or
                 certifications, a requirement to inform clients of the complaint
                 resolution process, and maintenance for a minimum of three years of
                 records of all complaints received and response to complaints.

       Upon successful completion of the evaluation, the program administrator will
       supply the provider with documentation of approval.  The provider will submit this
       documentation of approval to  EPA in order to receive licensure to offer provider
       services for WaterSense.

    iii.    Verifying partnership and licensure of approved providers

       Once EPA has licensed the provider to offer services for WaterSense, the
       provider must submit proof of the executed partnership and licensing agreements
       to the program administrator that originally approved it. This indicates to the
       program administrator that the provider has completed all of the requirements
       necessary to offer services for WaterSense. Then the program administrator will
       supply the inspector training materials, inspection guidance, and inspection forms
       to the provider. The provider must use these materials to train its inspectors that
       wish to inspect new homes for WaterSense. The program administrator can
       verify the provider's licensure  by checking the list of licensed providers available
       on the WaterSense Web site,  www.epa.gov/watersense.21 This information may
       also be  obtained from the WaterSense Helpline at (866) WTR-SENS (987-7367).

       Wth the receipt of the inspector training materials, inspection  guidance, and
       inspection forms,  the licensed provider can begin training its inspectors and
       offering its inspection and certification services for WaterSense to  builder
       partners.
21
  The list of licensed providers will be available upon the release of the final version of this WaterSense labeled new
home certification system.
Draft                                 18                          December 18,2008

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                                           WaterSense® New Home Certification System
D.     Ongoing Support

       i.      Maintain registry of approved providers

       Program administrators must maintain a registry of their approved providers.
       Program administrators should only add providers to this registry once the
       provider has submitted proof of EPA partnership and licensure. The registry
       should include the provider's contact information, point of contact, and an
       indication that the provider is approved to certify new homes for the WaterSense
       program.

       ii.     Oversee providers

       The program administrator is responsible for overseeing the providers in
       accordance with its technical standards for approval and oversight procedures
       (documented in its application to EPA) relevant to the evaluation of the provider's
       capability and competence to certify new homes for WaterSense and  issue the
       WaterSense label. This may include but is not limited to:
              •  An annual review of all provider files to ensure that the proper quality
                 assurance is being conducted, including an evaluation that the
                 provider is meeting  its oversight responsibilities for:
                     o  Re-inspecting/co-inspecting each inspector's first three
                        probationary inspections;
                     o  Annually re-inspecting/co-inspecting one home or 1 percent of
                        each inspector's inspected homes, whichever is greater;
                     o  Annually reviewing 10 percent of each inspector's files; and
                     o  Maintaining the providers' quality assurance files.
              •  Periodically accompanying providers on any routine field assessment
                 of inspections conducted by the provider's inspectors.

       If the program administrator discovers any issues during its oversight  activities,
       or otherwise, it should institute  its process for disciplining providers. If the
       discipline procedures do not result in corrective action  to the satisfaction of the
       program administrator, the program administrator must contact EPA. EPA will
       investigate the issue and determine what further action is necessary, including
       and up to termination of the provider's partnership and licensing agreements.
       iii.     Update providers of any relevant WaterSense program changes

       Program administrators must maintain regular communication with its providers,
       informing them of any changes to the training or inspection requirements, as
       specified by WaterSense, and its implications for the providers' current status.
       EPA will communicate any program changes directly to the program
       administrator.
Draft                                 19                          December 18,2008

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        n-:1se                             WaterSense® New Home Certification System

VI.    Suspension and Withdrawal of the WaterSense Label from New Homes

The provider is responsible for notifying EPA of any instances of nonconformity.
Nonconformity may include, but is not limited to:
          Failure of the certified home to pass a re-inspection, where simple corrective
          action is unable to resolve the nonconformance;
          Receipt of formal complaints from home buyers or other interested parties
          indicating that the certified new home was generally misrepresented (e.g.,
          multiple features do not comply with the specification); or
          Instances where the provider discovers that a builder is fraudulently claiming
          that his  or her homes have been certified and labeled in accordance with  the
          specification and this WaterSense new home certification and labeling
          system.

EPA is responsible for engaging the builder in  corrective action and for determining
when the use of the WaterSense label should  be suspended or withdrawn due to
nonconformance or improper use or reference to the WaterSense label.
Nonconformance may be determined through  provider notification to EPA as described
above, or if EPA discovers nonconformance or improper use or reference to the
WaterSense label from its stakeholders during its own in-home inspections or during its
periodic reviews of certification and label usage. If EPA discovers nonconformance or
certification and labeling issues, it will notify the provider that issued the WaterSense
label and will coordinate corrective action or, if necessary,  label suspension or
withdrawal.

WaterSense label suspension can occur for a  limited period of time as specified by EPA.
During the period of suspension, the  builder partner is prohibited from using the
WaterSense label in conjunction with the home in question (if the issue is discovered
prior to the home's sale) and on any new home built after the issuance of a suspension,
until such time as EPA indicates the suspension can be removed. The provider will
assist EPA as necessary by removing the WaterSense label  from the home in question,
determining when the terms for suspension  removal have been fulfilled, ensuring that no
new WaterSense labels are issued during the  period of suspension, and upon EPA's
approval, reissuing the WaterSense label for the home in question to the builder. The
builder is responsible for paying the provider for all services and costs associated with
the necessary corrective action or suspension and reinstatement of a WaterSense label.

In more severe or repeated instances of nonconformity, improper use or reference to the
WaterSense label,  or failure to meet the requirements for reinstatement of a suspended
WaterSense label,  EPA will withdraw the WaterSense label from all certified new homes
that have not yet been sold. EPA will notify the builder partner that the certification and
WaterSense label are being withdrawn. If the WaterSense label is withdrawn for any
reason, EPA will require that the builder partner cease to advertise the certification of his
or her homes and the label must be immediately eliminated from new homes not already
sold. EPA will notify the provider to inform them that the builder is no longer allowed  to
use or receive the WaterSense label  and will decide whether termination of the
partnership agreement or other corrective action is warranted. The provider will assist
EPA as necessary  by removing the WaterSense label from all certified new homes that
have not yet been sold and will not issue any new WaterSense labels to the builder.  The
Draft                                20                         December 18,2008

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     -  *"-' ise                              WaterSense® New Home Certification System

builders are responsible for paying the provider for all services and costs associated with
the withdrawal of the WaterSense label.
Draft                                 21                           December 18,2008

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EPA
WaterSense
                                       WaterSense* New Home Certification System
                  Figure 1. New Home Certification Process
       EPA
                  Home Builder    Inspector
Provider   Program Admin.
Develop
requirements/
approve program
admin.

Sign agreement

Develop provider
requirements
Provide certificate
and other materials to
approved providers
Develop training
requirements

Sign WaterSense
partnership
agreement
Develop
specification
Develop
inspection
requirements

Develop builder
notification
form/maintain registry





•
-»
*•






Sign WaterSense
partnership
agreement
Build homes to
specification
	 ± 	
Submit home for
inspection

Begin advertising
homes






<-

-






Complete training
requirements




Inspect home
I
•
•
Notify provider of
inspection

i


Maintain file of
inspected homes






«-
4-

»
J






Submit agreement
and supporting
documentation


Approve
conduc


nspectors/
training
±
Verify builder's
partnership
agreement
j
•
Oversee
inspections/re-
inspect 1%
;

Issue certificate to
builder partner
T
Submit quarterly
report



«-


Submit application
and supporting
documentation

Sign agreement

Approve providers

Train
provider/oversee
inspector training

Oversee providers

Draft
                                22
         December 18, 2008

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