California § 23658 - The department may approve a device not tested by a certified laboratory and list

§ 23658. The department may approve a device not tested by a certified laboratory and list

(a) The department may approve a device not tested by a certified laboratory and list that device on the roster if a model of the device made by the same manufacturer is already listed on the roster and the unlisted device differs from the listed device in only one or more of the following features: (1) Finish, including, but not limited to, color or engraving. (2) Any feature that does not in any way alter the material or functioning of any of the components of the device. A device with changes in dimensions may be approved by the department without additional testing on a case-by-case basis when the dimensional changes do not alter the weight of the device, the size of the door, or the functioning of the internal locking mechanisms or locking bolts. (3) Any change in name or model number that does not affect the design or function of the device. (4) Any engraved or permanently affixed marking added pursuant to paragraph (2) of subdivision (f) of Section 23655. (b) Any manufacturer seeking to have a device approved pursuant to this section shall provide the department with all of the following: (1) The model name and model number of the device that is already listed on the roster. (2) The model name and model number of each device the manufacturer seeks to have listed pursuant to this section. (3) A statement, signed under penalty of perjury, that each unlisted device for which listing is sought differs from the device listed on the roster only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed device. For each unlisted device, the statement shall also identify each difference between the unlisted device and the device listed on the roster. (c) The department shall review each device submitted pursuant to this section on a case-by-case basis, including comparing the unlisted device to the listed device when necessary, to determine whether new testing by a certified testing laboratory is required. (d) The department may, at its discretion and at any time, require a manufacturer to provide to the department a prototype of any device model for which listing on the roster is sought pursuant to this section. If the department requests and receives a prototype device, and the device is listed on the roster pursuant to subdivision (a), the department shall retain this prototype for at least as long as the device remains listed on the roster to ensure that the manufacturer complies with this section and to assist the department with any determinations made pursuant to Section 23680. (e) Commencing on January 1, 2026, the department may, for each device listed on the roster pursuant to this section, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an initial roster listing fee not to exceed the reasonable costs of reviewing the device and the manufacturer’s related submissions as required under this section and pursuant to subdivision (e) of Section 23655.