USA - Canada, federal and local requirements

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United States,

 

• The less restrictive procedure for a manufacturer or importer is identified as "Checking".
  The manufacturer or the importer test its product following the FCC Part 15 with its own means or in a tird part laboratory. Test campaign have to be carry out in the State of the art way, which means in an open space area but no quality criteria is required for the lab.
  
  The manufacturer or the importer is responsible for the interpretation of the results. If it assess its products is compliant, it shall affixed on it the label corresponding to the "checking" process and shall formalise its file in an electronic format for possible presentation in case of audit.
  
  
  
• For product wich generates recognised disturbances (PC, telecommunication terminals,...), the procedure is named "Declaration of Conformity" (DoC).
  
  It requires that the test lab is accredited for the FCC Part 15 (be identified as CAB - Conformity Assessment Body withing the Mutual Recognition Agreement with the United States allows to attests its accreditation).
  
  If the equipment is assesses as compliant, a specific mark should be affixed on the product and a specific sentence shall be written in the documentation provide with the product. AS well as for the "Checking" procedure, a test report has to be done in a precise electronic format (pdf) and has only to be presented in case of audit.
  Please note that a product only made of sub-parts already compliant with the FCC requirements may be consider as compliant without carrying out tests. The marking of the product is similar to the preceding one except the sentence "Assembled From Tested Components (Complete System Not Tested)" which replaces the sentence "Tested To Comply With FCC Standards".
  
  
  
• The last procedure is named "Certification", it may be chosen for all equipments in the frame of the "Declaration of Conformity" but it is mandatory for broadband receiver and transmitter.
  Broadband receiver and transmitter without licence are in the frame of the FCC Part 15 standard. Other transmitter have to follow their own specific criteria following their applicable standards FCC Part xx.
  
  
  The "Certification" process requires the intervention of a FCC listed lab, like Emitech, to realise the relevant tests.
  
  The file joined to the test should be available in an electronic format (pdf) and should be approved by the FCC. If the file is accepted by the FCC, a "Grantee Code" is delivered and it will be the base of the FCC ID which have to be stamped on the equipment.
  

 

 

 

Canada,

 

The law and rules on radio communication precise that manufacturer, importer, distributor or seller of radio devices, scrambler or radio sensible equipment fulfil three responsibilities :

• they have to make sure that the equipment comply with all the technical standards applicable in Canada,
• in the other case they have to obtain a Technical Acceptance Certificate (TAC),
• they have to make sure that each equipment is labelled in order to attest the compliance with applicable standards.

 

 

 

The technical standards applicable to radio devices aim to :

 

• guarantee the electromagnetic compatibility between radio apparatus and radio communication services like radio broadcasting, air trafic control, security services and communications via satellite,
• reduce to the minimum interferences between radio apparatus and devices which are not using radio electric frequencies,
• improve the quality of devices sold in Canada.

 

 

 

 

Devices market in Canada are group in two categories in order to differentiate rules and procedures applicable depending on the EMC characteristics of these products (radio apparatus, scrambler and radio sensible devices).

 

 

• Devices from category I should follow technical standards and requires a technical acceptance certificate (TAC).
  
  Example of devices in category I : broadcasting transmitter, portable broadcasting transmitter, digital scanner receiver, cell phone, remote control of car alarm and remote car starter, garage door opener devices and wireless computer devices.

• Devices from category II should follow technical standards but does not require a TAC.
  
  Example of devices in category II : electronic transformer or ballast, alarm keypad, intelligent battery charger, satellite TV receiver, videotape recorder and computer.

 

 

 

 

Equipment from category I are subjected to an approval procedure describe in the PNR-100 document which is based on a technical statement (including tests result according to the relevant standards) and administrative document required by the relevant authority.

At the end of this paid procedure and in case of success, Industrie Canada delivers an identification number IC to be stamped on the equipment as well as technical acceptance certificate.

The confomity declarations are not considered and the accreditation number is delivered by the Certification Bureau of Industry Canada through a paid procedure which register the administrative information of the equipment.

 

 

 

For equipment from category II, the manufacturer or importer has to ensure its equipment complies with the applicable standards. For that purpose, tests have to be carry out.

If Industry Canada request for them, the test results have to be passed on. Standards published in the Canada Gazette (equivalent to Official Journal) mentionned the period during which tests results have to be availabe for possible audit.

 

 

 

 

 

 

 

FCC and Industry Canada

 

To speed up the certification process in Canada, Industry Canada accept the conformity report with the standards of the Federal Communication Commission of United States and conversely.
However, in case of diffrences between the technical standards of Industry Canada and of FCC, more tests are required.

 

 

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In United States more than 400 standardization bodie are involved in the development of standards under the supervision of the ANSI (American National Standards Institute) : National Fire Protection Association (NFPA), American Society for Testing and Materials (ASTM), Underwriter Laboratories (UL), American Water Works Association (AWWA), Institute of Electrical and Electronics Engineers (IEEE), ...

 

Standardization bodies are not governmental agencies and the use of most standards are based on a voluntary process.

In comparison with the CE marking applicable in Europe, mechanisms are different.

 

 

A standard may become mandatory if a federal, state, regional or local governmental body refers to it in its laws and regulation.

 

In case of accident with injuries (or worse) and/or with material damages, US justice may evaluate for each part the legal liability and take legal proceedings for negligence.

 

Two important laws give a legal frame to the safety requirements of electrical and electronic equipments sold and/or used in United States :

 

• The consumer Product Safety Act adopted in 1972 by the American Congress.
  
  It creates the federal agency CPSC (Consumer Product Safety Commission) which have authority over 15 000 products types [are excluded products depending on other federal body as example food, drugs, cosmetics, medical devices, tobacco products, firearms and ammunition, motor vehicles, pesticide, plane and boat. These products depend on federal bodies like FDA (Food and Drug Administration), ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), USDA (United States Department of Agriculture), DOT (United States Department of Transportation), EPA (U.S. Environmental Protection Agency), FAA (Federal Aviation Administration) and USGC (United States Coast Guard ).]
  
  Its main objective is the consumer protection.
  
  Federal regulation linked to the law are numerous (Title 16 CFR parts 1101 à 1406).
  The agency can forbid any product considered as hazardous.
  It can decide the recall or the repair of the product.
  It is in charge of notyfing public opinion.
  Its hotline receive more than 185 000 calls per year. Its website allows any consumer to report any incident (21 millions of visitors per year).
  
  The CPSC have its own means of checking.
  
  The fines it may give could reach several hundred thousand of dollars if a danger was clearly knowned by the manufacturer or distributors.
  In 2008, the CPSC actions have brought back 3 675 millions of dollars to the US treasury.
  
  
  
• The Occupational Safety and Health Act adopted in 1970 by the American Congress.
  
  It creates the federal OSHA (Occupational Safety and Health Administration) in 1971.
  Its assignment is to prevent injuries, diseases and death within the labor world.
  
  Mostly, the electrical safety requirement are prescribed in the National Electric Code or NEC. The NEC is not a law by itself but its compliance can be required by a state or a local regulation with additional requirements.
  The NEC is approved as american national standard by the American National Standards Institute (ANSI) under the ANSI / NFPA 70 reference and is updated every 3 years. It benefits from the work of the National Fire Protection Association.
  
  • In the 53 american states, the AHJs (Authorities Having Jurisdiction) refers to the NEC as minimum requirements to obtain operating licence and during periodic checking.
    
  • The OSHA appoint inspectors to check the conformity to the NEC at working place in 27 states as well as the local OSH for the 26 other states (member to a similar program supervised by the OSHA). This represents a few more than 97,000 inspections per year.

   

  In case of non conformity a fine up to 70 000 $US can be given for each offense noticed and the use of the concerned device can be forbidden till the conformity is set.

 

 

 

To simplify the procedure attesting the product conformity, the OSHA has set in place the NRTL program. It has 14 american certification bodies and 1 canadian certification body (CSA) as members.

 

These bodies are following same rules and procedures.

 

The contributions of the NRTL program have to be taken in the perspective of a NEC detail. In the section 90-7, it is precise that the checking don't depend on labs but conversely the "Listed" (certified in the frame of the NRTL program) products don't have to follow the NEC requirements as they already follow the criteria of their product standards.

 

For any product used on a working place, the use of a certification mark is so the most convenient procedure to fulfill the electrical safety requirements.

 

Three different procedures to attest a product conformity through a certification process could be used:

• The "Listing" procedure correspond to a traditional certification process. Tests are realised regarding relevant standards in a lab recognised by the CB.
  
  The test report and the Listing report are passed on CB which validates and delivers its authorisation to use the label.
  
  Periodical audits (4 per year) are forecasted to check that product market are same as tested samples (on the base of the listing report).
  
  Tests on production line are define. Products are stamped before their shipment. The directory of certified products is kept up to date by CB and mentioned the new product as "listed".
  
  
• The "Limited Production Certification" procedure is quite the same as the previous one but its concerns small series of equipment for which manufacturing period does not exceed three months. Access cost to the mark are reduced and only an initial audit of the manufacturing plant is required.
  
  
• The "Field Labeling" procedure applies for equipment which can't be tested in a lab or in case of emergency of a Red Tag (stamped by an AHJ and prevent the obtaining of an operating licence).
  
  Each equipment has a unique label.
  

 

 

 

As in United States, anyone who endanger a person (death, disability,..) or the loss of property involved its own legal liability and may be suit for carelessness, the use of certification mark is generally recommended for equipment intended to consumer.

 

A distributor may ask you to join a voluntary process of certification, in order to protect himself from possible suits.

In the frame of their jurisdiction, a certification mark may become mandatory for a state or a town (as example, New York city, Los Angeles city and county as well as Washington, Oregon and North Carolina states).

 

 

 

 

 

Canada and USA

 

The context of electrical safety between Canadian and American markets are similar on several points. TheCEC (Canadien Electrical Code or CE code) is equivalent to the american NEC, with the possibility for each province or territory to add its own requirements.

However, these two codes have different ways to treat same aspects. For example,they give different specifications for ground conducting equipment and don't have the same approach to determine the minimum cable size and permitted current.

These similarities and differences can be seen within the marks. The letter c near the mark attests a product conformity for only canadian requirements. The 2 letters "us" near the mark attests the conformity for only american requirements and the both c + us with the mark for all requirements.

For most electrical and electronic equipments market in Canada, a certification mark is required.

 

 

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