New Official Mexican Standard Number NOM-003-SENER-2011. Thermal Efficiency of Water Heaters for Domestic and Commercial Use. Limits, Testing Method, And Labeling

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Legal Update • August 12th, 2011


On Tuesday August 9th, 2011 Official Mexican Standard number NOM-020-2011 was published in the Official Federal Gazette; such Standard establishes the criteria and specifications for minimum levels of thermal efficiency to be met by domestic and commercial water heaters, the applicable verification testing methods, as well as the minimum requirements for the information disclosed to the public regarding the thermal efficiency of the values of such devices.

Such Standard will enter into full force and effect 90 (ninety) calendar days after publication, in other words, as of October 20, 2011 all heaters falling within the scope of this Standard will be certified thereunder. Once published and having entered into force, such Standard will cancel and replace the Official Mexican Standard number NOM-003-ENER-2000 “Thermal efficiency of water heaters for domestic and commercial use. Limits, testing method and labeling.” Heaters with certificates which comply with NOM-003-ENER-2000, issued by any approved certification agency before this date, may be traded until no later than the end of the validity date provided therein. If the trader wishes to certify such devices in order to comply with Standard NOM-003-SENER-2011, it will not be necessary to wait until the certificate complying with abovementioned outdated Standard expires. The abovementioned Standard will be applicable to all water heaters for domestic and commercial use, marketed in the United Mexican States, which use liquefied petroleum or natural gas as fuel and provide hot water only in liquid phase. Water heating devices with a heat load greater than 108.0 kW, absolute pressure and maximum working temperatures above 600.0 kPa and 360.15 K (87.0 ° C) are considered boilers and do not fall within the scope of such Standard. Additionally, this Standard contains criteria under which water heaters shall be classified, the specifications for thermal efficiency, and the temperature of hot water as well as details for sampling, testing methods for devices and equipment, and labeling of heaters. The authority in charge of monitoring full compliance with such Standard shall be the Ministry of Energy and the Federal Consumer’s Protection Agency. Due to the above, all heaters falling within the scope of the Official Standard in question must comply with the guidelines and specifications set forth therein.

For further information, please contact your principal Firm representative or one of the Lawyers listed below.

Mexico City Office Lic. Juan Carlos Machorro (Partner) Lic. Héctor Garza (Associate) Lic. Mónica Santoyo Galván (Associate) Tel.: +52 55 5279.5400 Fax: +52 55 5280.7866