Energy (Solar Water Heating) Regulations, Legal Notice no. 115 of 2025

1. These Regulations may be cited as the Energy (Solar Water Citation. Heating) Regulations, 2025.

2. In these Regulations, unless the context otherwise requires — Interpretation. "Act" means the Energy Act; Cap. 314. "Authority" means the Energy and Petroleum Regulatory Authority established under section 9 of the Act; "engineer" means a person registered under the Engineers Act as a professional or consulting engineer and holds a valid licence; Cap. 530. "Kenya Standard" means a specification or code of practice declared by the National Standards Council under section 9 of the Standards Act; Cap. 496. "licensee" means the holder of a valid licence issued under these Regulations; "person" means any natural or juridical person; "premises" means existing, new or alterations and extensions to existing residential or commercial buildings or structures, including — (a) small domestic houses as defined in the Building Code; (b) all domestic dwellings or residential houses; (c) commercial buildings including hotels, lodges, clubs, restaurants, cafeterias, laundries, eating places and similar premises; (d) health institutions including hospitals, health centres and clinics and similar medical facilities; and (e) educational institutions including universities, colleges, boarding schools and similar institutions; "solar water heating system" means a device or system that uses sunlight to heat water and comprises of solar collector, storage tank, control, installation hardware and fitting; 1166 Kenya Subsidiary Legislation, 2025 "worker" means a person licensed under these Regulations to undertake solar water heating instalLtion work; "contractor" means an entity licensed under these regulations to undertake solar water heating installation work; oudal" meal,,, the Energy and Petroleu Tribunal esti..31ishe ur...er section 25 of the Act; and "warranty" , neans an assurance or guarant-e given to the purchaser by a manufacturer or his agent stating t::at a p -o luct will perform as 'tated, is reliable and free from known defects and that the manufacturer shall, vithout charge, repair or repla,,, defective parts within a given time limit and under certain conditions

3. The purpo ,e of the Regulations is to promote the use of ‘'olor Purpose. water heating systems by enforcing standard-. in the solar water heating value chain.

4. These Regulations shall apply to — Application. (a) manufacturers, importers, vendors, contractors and workers of solar water heating systems; and (b) developers, promoters, owners, architects, engineers and contractors engaged in the design or construction of premises. PART II — LICENSING OF SOLAR WATER HEATING SYSTEM WORKERS

5. (1) A person shall not install, test, commission, maintain or Licensing of solar repair a solar water heating system unless he is licensed as a worker by water heating the Authority. system workers. (2) A person who intends to install, test, commission, maintain or repair a solar water heating system shall make an application to the Authority in accordance with regulation 11. (3) The Authority shall issue a licence under these Regulations where the applicant satisfies the qualifications, training and experience set out in the First Schedule.

6. The Authority may, on receipt of an application, grant the Classes of solar applicant one of the following classes of licences — water heating system workers. (a) class SHW1, which shall entitle the holder to install, test, commission, maintain and repair standalone/single unit solar water heating systems; and (b) class SHW2, which shall entitle the holder to install, test, commission, maintain and repair single unit and centralized solar water heating systems.

7. The Authority shall examine an applicant who has applied Authority to for a licence under regulation 5 in such a manner as it may determine examine and upon any matter or thing in connection with the application for the applicants. purpose of ascertaining the applicant's qualification and suitability for grant of a particular class of licence. Kenya Subsidiary Legislation, 2025 1167 PART III — LICENSING OF MANUFACTURERS, IMPORTERS, VENDORS, AND CONTRACTORS (1) A person shall not engage in the importation, Requirement of licensing of manuracture, sale, installation, repair or maintenance of solar water manufacturers, heating systems or components unless licensed by the Authority. importers, vendors, and (2) A person who intends to import, manufacture, sell, install, contractors. repair or maintain a solar water heating system or solar water heating components shall make an application to the Authority in accordance with regulation 11.

9. The Authority may, on receipt of an application under Classes of manufacturers, regulation 8, grant the applicant one of the following classes of licences importers, vendors, and contractors' (a) class SHC1, which shall entitle the holder to — licences (i) import and sell solar water heating components; and (ii) install, test, commission, maintain and repair standalone or single unit solar water heating systems, (b) class SHC1, which shall entitle the holder to — (i) import and sell solar water heating components; (ii) install, test, commission, maintain and repair standalone or single unit solar water heating systems. (c) class SHM, which shall entitle the holder to manufacture and sell or import parts necessary for assembly and sale of solar water heating components and systems. (2) The holder of a — (a) class SHC1 licence shall be required to be, or to have in his employment, a holder of a Class SHW1 licence; and (b) class SHC2 licence shall be required to be, or to have in his employment, a holder of a Class SHW2 licence.

10. A licensee shall maintain an insurance cover for works to be Insurance cover. undertaken pursuant to these Regulations. PART IV — GENERAL PROVISIONS REGARDING LICENCES

11. (1) An application for grant of a licence under these Application for Regulations shall be made electronically or in any other manner that the licences. Authority may, from time to time, determine and shall be accompanied by the documentation set out in the Second Schedule and proof of payment of the application fees set out in the Third Schedule. (2) A person who wishes to be licensed as a solar water heating worker or a contractor or manufacturer shall make an application using Form EPRA 001 or Form EPRA 002 as may be applicable as set out in the Fourth Schedule. (3) The Authority shall process the application and communicate the outcome to the applicant in writing not later than — 1168 Kenya Subsidiary Legislation, 2025 (a) sixty days from the date of receipt of an application for a worker's licence or upgrade of a worker's licence; (b) thirty days from the date of receipt of an application for a licence for a manufacturer, importer, vendor or contractor; and (c) thirty days from the date of receipt of an application for the renewal of a licence. (4) Where the applicant satisfies the requirements under these Regulations, the Authority shall issue the applicant with a licence as set out the Fifth Schedule.

12. A licence issued under these Regulations shall be valid for a Validity of maximum period of three years. licence.

13. (1) An application for the renewal of a licence shall be made Licence renewal. (a) at least thirty days before the expiry of the licence; and (b) electronically or in any other manner that the Authority may, from time to time determine, using Form EPRA 001 or Form EPRA 002 set out in the Fourth Schedule. (2) The application shall be accompanied with the documentation set out in the Second Schedule and proof of payment of the annual fees specified in the Third Schedule. (3) A holder of a licence for a worker who wishes to renew the licence shall be required to have obtained at least thirty credit points through continuing professional development as set in the Sixth Schedule. (4) A licensee who makes a licence renewal application after the expiry date shall pay the annual fees for the period for which the licence was not renewed. (5) Sub regulation (4) shall not apply where the licensee has, before expiry of the licence, applied to the Authority in writing for deferment of the licence. (6) The Authority shall consider the application and accept or reject with reasons in writing within thirty days of receipt of the deferment application.

14. (1) A licensee who wishes to upgrade to a different class Upgrade of shall make an application to the Authority using Form EPRA 001 or licences. Form EPRA 002 set out in the Fourth Schedule. (2) The Authority shall approve the upgrade of a worker's licence if the worker has met the required academic, professional qualifications and job experience as set out in the First Schedule. (3) The upgrade referred to under sub regulation (2) shall be done at least one year after the issuance of the current licence. Kenya Subsidiary Legislation, 2025 1169 (4) The Authority shall approve the upgrade of a licence for a contractor where the contractor demonstrates that he has in his employment, a licensed worker relevant to the class of licence for which the upgrade is required. (5) The upgrade of a licence shall be subject to the licensee paying the licence fees for the class of licence applied for.

15. (1) Where a licensee demonstrates to the Authority that a Replacement of a licence issued under these Regulations has been defaced, destroyed or licence. lost, the Authority may, on payment of the fees prescribed in the Third Schedule, issue a duplicate licence. (2) An application for the replacement of a licence under sub regulation (1) shall be done using Form EPRA 001 or Form EPRA 002 set out in the Fourth Schedule, and shall be accompanied by the documentation specified in the Second Schedule.

16. (1) The Authority may suspend or revoke any licence issued Suspension or under these Regulations where it is satisfied that a licensee has revocation of a licence. breached these Regulations or any conditions attached to the licence. (2) The Authority shall give a notice of not less than thirty days to the licensee requiring him or her to show cause as to why the licence should not be suspended or revoked. (3) A notice to show cause issued under sub regulation (2) shall set out the specific areas of non-compliance. Part V — DESIGN, INSTALLATION, TESTING, COMMISSIONING, REPAIR AND MAINTENANCE OF SOLAR WATER HEATING SYSTEMS

17. (1) All new premises shall have in their design a provision Provision for solar for solar water heating system. water heating systems. (2) The County Government shall, in approving architectural and engineering designs, enforce compliance to sub regulation (1).

18. (1) The Authority shall, within two years of coming into Demand force of these Regulations and in consultation with each County calculation and minimum hot Government, define the minimum annual contribution of solar water water demand. heating systems to premises' hot water demand for the respective counties. (2) County Governments may enact legislation to enforce sub regulation (1). (3) The daily hot water demand shall be calculated using the specific hot water demand values specified in Part A of the Seventh Schedule.

19. (1) A developer of a housing estate, a promoter of the Responsibility for construction, an owner of the premises or an architect or an engineer compliance. engaged in the design or construction of premises shall be responsible for compliance to regulations 17 and 18. 1170 Kenya Subsidiary Legislation, 2025 (2) A person who contravenes this regulation commits an offence.

20. (1) A manufacturer or importer of solar water heating Compliance with systems and components, shall ensure that the products conform to the standards, technical, legal relevant Kenya Standards set out in Part B of the Seventh Schedule. and regulatory (2) Selection of components for plumbing works in a solar water requirements. heating system shall be in accordance with the relevant Kenya Standards and the Building Code. (3) The design, installation, testing, commissioning, repair and maintenance of a solar water heating system shall be in accordance with the relevant Kenya Standards, the Building Code and all applicable health, safety, and environmental laws. (4) Solar water heating systems shall be installed in accordance with the solar water heating system installation guidelines set out in Part C of the Seventh Schedule.

21. (1) Prior to installation, a licensee shall be required to System Design provide to the client a system design declaration together with the Declaration. system drawing and calculations. (2) The system design declaration shall indicate — (a) an analysis of the hot water requirements of the user; (b) the specifications of the proposed solar water heating system solution including the capacity, number and type of solar collectors to be installed; (c) a priced bill of quantities for the installation including potential costs likely to be incurred during the installation; (d) layout of the area where the proposed installation is to be done; (e) the time to be taken to undertake the proposed installation; and (f) any work that is required to be done by the system owner to prepare the site for the installation. (3) Where a system owner purchases any individual solar water heating system or component, the licensee shall state it in the system design declaration. (4) A system design declaration must be signed by both the licensee and the system owner prior to the commencement of the installation work and a copy thereof retained by the system owner.

22. (1) A manufacturer, worker or contractor shall provide a Warranty, warranty to the customer for the components in the solar water heating Certificates and Documentation. system for the periods set out in Eighth Schedule. (2) A solar water heating system licensee shall upon completion of installation work issue the system owner with the following documentation— Kenya Subsidiary Legislation, 2025 1171 (a) a completion certificate; (b) a one-year warranty for the installation workmanship; (c) component warranties as set out in this regulation; (d) the "as built" system design and drawings; (e) the manufacturer documentation and warranties for the solar water heating system or components thereon; (f) user manuals with respect to the solar water heating system; and Cap. 387. (g) instructions for the safe disposal of the solar water heating system and system components in accordance with the Environment Management and Co-ordination Act, a revised version of this law, and any regulations, rules or guidelines issued thereunder with respect to the disposal of electronic waste. (3) The completion certificate in sub regulation (2) shall indicate the date of installation, capacity of the solar water heating system, details of the installer and a declaration that the system owner has been trained on the safe use and maintenance of the solar water heating system. PART VI — REGISTER OF LICENSEES AND PROVISION OF DATA

23. The Authority shall maintain and publish on its website a Authority to Maintain Register register of all licensees under these Regulations. of Licensees

24. (1) All licensees shall continuously provide the Authority Provision of data. with information on the solar water heating systems installed during the licence period, specifying the location, capacity and type of system installed. (2) All licensees shall maintain the records required under this part for a period of five years. PART VII — POWERS OF INSPECTION AND PENALTIES

25. The Authority or its agent may carry out inspections, in Powers of inspection. relation to compliance with these Regulations.

26. (1) An owner of premises may apply to the Authority for a Compliance compliance certificate, where a solar water heating system has been orders. installed in compliance with these Regulations. (2) The Authority shall process the application in sub regulation (1) and communicate the outcome to the applicant in writing not later than sixty days from the date of receipt and where the application is rejected, the reason of rejection shall be communicated. (3) Where the Authority finds that any provisions of these Regulations have been contravened or that a condition has arisen which may lead to the contravention of these Regulations, the Authority may issue a compliance order compelling the person to comply with the Regulations. 1172 Kenya Subsidiary Legislation, 2025 (4) An order issued under sub regulation (2) shall state — (a) the specific provision which has been or are likely to be contravened; (b) the measures which should be taken to rectify the contravention; and (c) the period within which the order shall be complied with. (5) A person who does not comply with a notice issued under sub regulation (3) within the specified period commits an offence. PART VIII — LOCAL CONTENT REQUIREMENTS

27. A licensee under these Regulations shall comply with the Local content local content requirements in accordance with the provisions of section requirements. 206 of the Act. PART IX — OFFENCES, FINES AND PENALTIES

28. A person who, without a licence issued by the Authority Practising without undertakes the importation, manufacture, sale, testing, installation, a licence. commissioning, maintenance or repair of a solar water heating system; commits an offence and shall, upon conviction be liable to a fine not exceeding one hundred thousand shillings or to term of imprisonment not exceeding six months or both.

29. (1) A person who commits the offences set out in the first Other Offenses column of this regulation, shall be liable to the penalties set out in the and Fines. second column. First Column Second Column Offence Penalty (a) Practicing without a KSh. 1,000 for every day the license violation occurs. (b) Providing false data to the Penalty provided in section Authority 210 of the Act. (c) Providing inaccurate or KSh. 5,000.00 per incident incomplete data to the Authority (d) Failing to submit data to KSh. 5,000.00 the Authority in the manner required (e) Failing to provide the 10% of the value of the solar system owner with water heating system or warranty component. (f) Offering for sale solar 50% of the value of every water heating components component that does not that do not meet the meet the Kenya Standard. relevant Kenya Standard Kenya Subsidiary Legislation, 2025 1173 (g) Failing to provide a system KSh. 20,000 per incident. owner with a system design declaration prior to commencing installation works. (h) Failure to include KSh. 20,000 per incident provisions for solar water heating system (i) Failure to comply with KSh. 20," per incident Compliance Notices issued by the Authority (j) Preventing an officer or KSh. 50,000 for every day duly notified agent of the that the incident persists. Authority during working hours, from entering into and inspecting any premises where a licensed activity taking place or suspected to be taking place. (2) The fines or penalties in these Regulations are without prejudice to the Authority's right to suspend or revoke a licence. (3) Where a licensee has previously been penalised for an offence and commits another such offence, the fine payable shall be two times the amount provided for such an offence. (4) Where installation has taken place in violation of these Regulations, the responsible licensee shall decommission the installation at their own cost and where the licensee fails to do so, the Authority may cause the system to be decommissioned at the cost of such licensee. (5) Payment of penalties or fines hereunder shall not absolve or indemnify a licensee from any obligations to compensate a system owner. (6) Any penalty which is not paid shall be a civil debt recoverable summarily. PART X — COMPLAINTS, DISPUTES AND APPEALS

30. Any complaints or disputes between a system owner and a Complaints and Disputes to be licensee or between two or more licensees shall be referred to the Referred to the Authority for resolution in accordance with the Energy (Complaints Authority. and Disputes Resolution) Regulations, 2012. L.N. 42 of 2012.

31. Any person aggrieved by a decision or order of the Authority Appeals. may appeal to the Tribunal in accordance with section 24 of the Act. 1174 Kenya Subsidiary Legislation, 2025 FIRST SCHEDULE (r. 5(3), 14(2)) QUALIFICATIONS AND EXPERIENCE FOR LICENSING AS A SOLAR WATER HEATING WORKER To be licensed as a solar water heating system worker, an applicant must have a minimum of any one of the following combinations of academic and professional qualifications, and job experience. License Class Education (Academic) Professional (Job) Experience SHW1 KCPE, Mechanical/Electrical Govt. trade (1) Completion Certificates test 2 and Basic SWH Training of at least two (2) solar water or heating systems that the KCSE, Certificate in Mechanical/Electrical applicant has been involved in engineering and Basic SWH Training; directly. (2) Design documentation of at least two (2) solar water heating systems that the applicant has been involved in directly SHW2 KCSE, Diploma in Electrical or (1) Completion Certificates Mechanical Engineering from a recognized of at least three (3) solar water institution and Advanced SWH Training; heating systems each with a or capacity of not less than 500 KCSE, Higher National diploma in liters that the applicant has Mechanical, Mechatronic or Electrical been involved in directly. Engineering from a recognized institution. or (2) Design documentation KCSE, Bachelor Degree in Mechanical, of at least three (3) solar water Mechatronic or Electrical Engineering or heating systems each with a relevant degree from a recognized capacity of not less than 500 institution liters that the applicant has been involved in directly. The Authority shall only recognize academic certificates approved by the relevant regulatory bodies in Kenya. Kenya Subsidiary Legislation, 2025 1175 SECOND SCHEDULE (r. 11(1), 13(2), 15(2)) DOCUMENTATION TO ACCOMPANY APPLIC kTTONS FOR LICENCES A. NEW APPLICATIONS/UPGRADE Worker L :ence

1. Solar Water Heating Training certificate from an accredited msttution.

2. Duly filled application form documenting all requirements.

3. Completion certificates of work done detailing the following: (a) Solar water heat.ng system location (b) Date solar water heating system was completed (c) Solar water heating system information (d) Name, phone number and licence number of licenced solar water heating workers the Applicant worked under (e) Description of work performed by the applicant

4. Design documentation signed and stamped by the company they worked for (where applicable). Contractor Licence 1. Duly filled application form documenting all requirements Certified copy of the certificate of incorporation or business registration certificate;

2. Certified copy of form CR 12 from registrar of companies or CR 13 from the Business Registration Service, that is not older than one (1) year from the date of issue;

3. Certified copies of identification documents (National IDs or Passports) for all the company's directors;

4. Certified copy of a valid Work Permit Class "G" for foreign directors working in Kenya or notarized declaration of non-residence for foreign directors not residing in Kenya;

5. Certified copy of a valid single business permit from the county government;

6. Copy of PIN Certificate;

7. Copy of a valid tax compliance certificate;

8. Proof of occupancy of the company's office; and,

9. Signed consent letter between the contractor and solar water heating worker attested by Commissioner for Oaths clearly indicating the engagement period, which period shall not be less than one (1) year. B. RENEWAL

1. Certified copy of form CR 12 from registrar of companies or CR 13 from the Business Registration Service, that is not older than 12 calendar months from the date of issue; 1176 Kenya Subsidiary Legislation, 2025

2. Certified copies of identification documents (National IDs or Passports) for all the company's directors;

3. Certified copy of a valid work permit class "G" for foreign directors working in Kenya or notarized declaration of non-residence for foreign directors not residing in Kenya;

4. Certified copy of a valid single business permit from the county government;

5. Copy of PIN certificate;

6. Copy of a valid tax compliance certificate;

7. Proof of occupancy of the company's office;

8. Signed consent letter between the contractor and solar water heating worker attested by Commissioner for Oaths clearly indicating the engagement period, which period shall not be less than one (1) year;

9. Proof of accumulation of at least thirty credit points through Continuous Professional Development C. Replacement of licences

1. Duly filled application form documenting all requirements.

2. Duly abstract issued by the National Police Service indicating when and where the license was lost or original copy of the defaced licence. Kenya Subsidiary Legislation, 2025 1177 THIRD SCHEDULE (r. 11(1), 13(2), 15(1)) LICENSING FEES

1. The applicable fees for solar water heating system workers — Class of licence Application Annual Licence Replacement Fees Fees (KSh.) Fees (KSh.) (KSh.) 500 1,000 500 SHW1 750 1,500 500 SHW2

2. The applicable fees for solar water heating system contractors — Application Fees Annual Licence Replacement Fees Class of licence (KSh.) Fees (KSh.) (KSh.) 2,000 1,500 1,000 SHC1 3,000 2,000 1,000 SHC2 3,000 2,000 1,000 SHM 1178 Kenya Subsidiary Legislation, 2025

FOURTH SCHEDULE (r. 11(2), 13 (1), 14 (1), 15 (2)) APPLICATION FORMS Form EPRA 001 APPLICATION FOR A SOLAR WATER HEATING WORKER LICENCE The Director General Energy and Petroleum Regulatory Authority P.O. Box 42681- 00100, GPO NAIROBI hereby apply to be licensed as a Solar Water Heating worker in accordance with the Energy (Solar Water Heating) Regulations, 2023 for the following class* of licence- (a) Class SHW1 which shall entitle the licence holder to install, test, commission, maintain and repair standalone/single unit solar water heating system (b) Class SHW2 which shall entitle the licence holder to install, test, commission, maintain and repair centralized solar water heating system *(Delete class that does not apply) I commit to carry out all solar water heating works in accordance with the Energy (Solar Water Heating) Regulations, 2023 and any Regulations and by-laws for the time being in force thereunder. Purpose of Application: New Application Renewal Upgrade (Please tick (0) as appropriate) Replacement 1. Name of applicant (Block capitals, surname first) 2. Income Tax Personal Identification Number: 3. Postal Address 4. Email Address: 5. Telephone number(s): 6. Date of Birth: 7. Nationality: 8. Name and address of present employer, if any 9. Current job title 10. Academic qualifications: a) Kenya Subsidiary Legislation, 2025 1179 b) 11. Relevant professional qualification: a) b) c) (Insert additional lines as appropriate) 12. Work experience (including apprenticeship (if any): a) b) c) (Insert additional lines as appropriate) 13. Do you have any knowledge of Occupational Safety and Health Regulations: Yes ❑ No ❑ 14. Have you applied for a licence in the past? Yes n No ri a.) If yes and approved provide details of last licence; i. Licence No ii. Issued on iii. Issued by b.) If yes and application rejected, give details 15. Has any previous licence been revoked under these regulations? Yes n No n (If Yes, give details) I declare that the particulars given by me are true and accurate. I understand that it is an offence to give false information in an application for a licence. Date: Signature of Applicant: REFEREES (The following details to be completed by two independent referees who must have known the applicant's ability very well, preferably in the trade) 1180 Kenya Subsidiary Legislation, 2025 1st Referee I declare that the particulars given by the applicant in this form are true and correct to the best of my knowledge. Full Name: (Block letters, surname first) Occupation: Postal address: Email address: Telephone number(s): Solar Water Heating Licence No. (If any) I have known the above person for .. years. Position held at present Date Signature of 1st referee 2nd referee I declare that the particulars given by the applicant in this form are true and correct to the best of my knowledge. Full Name: (Block letters, surname first) Occupation: Postal address: Email Address: Telephone number(s): Solar Water Heating Licence No. (If any) I have known the above person for years. Position held at present Date Signature of 2nd referee Kenya Subsidiary Legislation, 2025 1181 Form EPRA 002 APPLICATION FOR A SOLAR WATER HEATING CONTRACTOR LICENCE (A separate application form must be completed in respect of each separate business establishment) The Director General Energy and Petroleum Regulatory Authority P.O. Box 42681,00100 GPO NAIROBI I/We hereby apply to be licensed as a solar water heating contractor (delete as appropriate) in accordance with the Energy (Solar Water Heating) Regulations, 2023 for the following class* of licence- a) SHC1 which shall entitle the licence holder to import, distribute, install, test, commission, maintain and repair standalone/single unit solar water heating system. The licensee shall be required to be, or to have in his employ a solar water heating worker. b) SHC2 which shall entitle the licence holder to import, distribute, install, test, commission, maintain and repair centralized solar water heating system. The licensee shall be required to be, or to have in his employ a solar water heating worker. c) SHM which shall entitle the licensee to import parts necessary for the manufacture of solar water heating components, and to manufacture and sell solar water heating components and systems. *(Delete classes that do not apply) I/ We commit to carry out all manufacture, importation, distribution, promotion, sale and installation work for solar water heating system undertaken by me/ ourselves in accordance with the Energy (Solar Water Heating) Regulations, 2023 and any rules and by-laws for the time being in force thereunder. Purpose of Application: New Applications Renewal o Upgrade Replacement E (Please tick (fa) as appropriate) 1. Name of applicant 2. Details of applicant: a) Income Tax Personal Identification Number: b) Postal Address: c) Email Address: d) Telephone number(s): e) LR/ Plot No Building Name 1182 Kenya Subsidiary Legislation, 2025 f) Street/: g) Town/County: 3. Location of business premise(s) a) b) c (Insert additional lines as appropriate) 4. Give fu?l d •*ails of proprit tc. -s or partners owning business or directors/sliveholders of the company, as applicable. Name Nationality (Insert additional lines as appropriate) 5. State if you are or any of your partners/directors is adjudged and/or declared bankrupt. (If so, indicate the names). a) b) c) (Insert additional lines as appropriate) 6. For new applications, certified copies of the following documents should be submitted with the application for a licence: a) If Kenyan, a copy of ID card, or if non-Kenyan, a copy of current work permit together with copies of pages l and 5 of the passport; b) Relevant entry permits(s) for non-citizens; c) Copy of Business name Registration Certificate or Certificate of Incorporation and Memorandum and Articles of Association in case of a company (whichever is applicable). d) Lease agreement or letter from landlord confirming tenancy. e) PIN and VAT certificates. f) Valid Tax compliance certificate g) Any other document that may be required by the Authority from time to time 7. Name and address of bank(s) or financial institution(s) where the business account(s) is/are maintained a) b) c) (Insert additional lines as appropriate) Kenya Subsidiary Legislation, 2025 1183 8. List of licensed Solar water heating worker(s) Full name Licence No. (Insert additional lines as appropriate) 9. Previous solar water heating work experience (Insert additional lines as appropriate) 10. Have you applied for a licence in the past? Yes - No a.) If yes and approved provide details of last licence; i. Licence No. ii. Issued on iii. Issued by b.) If yes and application rejected, give details 11. Has any previous licence been revoked under these regulations? Yes -I No 2 (If Yes, give details) DECLARATION I/We hereby, declare that the information I/we have provided in the application is true and accurate. I/We understand that it is an offence to give false information in an application for a licence. Signature of Applicant Date Signature of Applicant Date Signature of Applicant Date 1184 Kenya Subsidiary Legislation, 2025 REFEREES (The following details to be completed by two different and independent referees, who would vouch your competence to operate as a contractor / vendor (delete as appropriate) if licensed, your technical ability having already been established. Persons who may not understand what is involved in running a business cannot be accepted as referees). 1st Referee I certify that the information given in this form is true and correct to the best of my knowledge Full name (Block letters, surname first) Occupation Postal address Email Address: Telephone number(s): Date Signature of 1st referee 2nd Referee I certify that the information given in this form is true and correct to the best of my knowledge Full name: (Block letters, surname first) Occupation Postal address Email Address: Telephone number(s): Date: Signature of 2nd referee Kenya Subsidiary Legislation, 2025 1185

FIFTH SCHEDULE (r. 11(4)) FORM OF LICENCE LICENCE (SOLAR WATER HEATING CLASS ( MANUFACTURER/CONTRACTOR): License Number: This is to Certify that (NAME OF COMPANY) of Tel/Mobile: PO BOX Code Town Having duly complied with all the requirements of the above Regulations is hereby registered as... (Solar Water Heating Systems Manufacturer/Importer/Vendor /Contractor) This day and date. For the purpose of this licence, the Licensed Solar Water Heating System worker(s) and the License No(s) is/ are (for contractor only) Solar Water Heating Worker Name Licence Number This License Expires on Date Signature Director General Energy and Petroleum Regulatory Authority Terms & Conditions GENERAL CONDITIONS The license is valid for . calendar years as provided on the licence issued. 1. Application for licence renewal shall be made at least thirty (30) days before the license expiry date. 2. The licensee shall not transfer or otherwise divest any rights, powers or obligations conferred or imposed on him by the license without permission from the Energy and Petroleum Regulatory Authority. 3. The licensee shall ensure replacement of the license if lost, defaced or destroyed. For a lost license, the licensee shall provide a police abstract. 1186 Kenya Subsidiary Legislation, 2025 4. The licensee shall provide the Authority with information on the solar water heating systems or components manufactured, imported, sold or installed in litres and/or square meters upon commissioning. 5. Upon withdrawal of the licensed solar water heating system worker from the licensed firm, the license shall remain valid for thirty (30) days a period within which the Authority will require the firm to provide an alternative solar water heating system worker. 6. The licensee shall notify the Energy and Petroleum Regulatory Authority in writing of any incident or accident in the course of their work immediately and in any case not more than 48 hours after the occurrence of such an accident or incident. 7. The licensee shall not carry out any work unless the license is valid. SPECIFIC CONDITIONS 1. The design, installation, repair and maintenance of a solar water heating systems shall be in accordance with the relevant Kenyan Standard. 2. Any solar water heating system design done by the licensee shall take into account the hot water needs and safety of the user, and ensure that these aspects are appropriately matched. 3. A system design declaration indicating the user's hot water needs and proposed design shall be prepared by the licensee for systems sold or installed and signed by both the licensee and the system owner. 4. The licensee shall issue an installation completion certificate as per the Regulations 5. A licensee shall issue a warranty to the customer for the components of the solar water heating system as provided for in the Regulations. 6. Contravention of the general and specific terms and conditions herein shall lead to license revocation and legal action. Kenya Subsidiary Legislation, 2025 1187

SIXTH SCHEDULE (r. 13(3)) CONTINUOUS PROFESSIONAL DEVELOPMENT A. Licence renewal The licensee shall accumulate a minimum of 10 credit points per year and thus, 30 points at the expiry of the licence as follows: 1. Attending relevant trainings or seminars or workshops; 0.2 credit points per contact hour 2. Giving relevant seminar or training or workshop as a resource person; 0.5 credit points per contact hour 3. Presenting a paper on a relevant topic at a conference or publishing a paper in a journal; each paper 2 credit points 4. Project credit points earned through experience gained from design, installation, testing and commissioning, operation and maintenance of solar water heating projects according to the class of licence as follows: Licence Class Project credit points Project SHW1 4 For each system installed SHW2 4 For each system installed with at least one above 500 litres The project credit points shall account for a minimum of 24 points. 1188 Kenya Subsidiary Legislation, 2025

SEVENTH SCHEDULE (r. 18(3), r.20(1), r.20(4)) PART A HOT WATER DEMAND CALCULATIONS Type of Building Premises Specific Daily Hot Water Demand(DHWD) in litres per day at 60 °C Domestic residential houses 30 per person Educational institutions such as colleges and boarding 5 per student schools Health institutions such as Hospitals, Health Centres, 50 per bed clinics and similar medical facilities Hotels, Hostels, Lodges and similar premises providing 40 per bed boarding services Restaurants, Cafeterias and similar eating places 5 per meal Laundries 5 per kilo of clothes i. Hot Water Demand calculations at other temperatures shall be adjusted for the 60 °C reference temperature. For the purposes of making the adjustment, the following equation shall be used: D(T60) * 41 (T) = T — 15 Where D(T) is hot water demand in liters D(T60) is the Specific Daily Hot Water Demand(DHWD) in litres per day at 60 °C for the various applications derived from the table above T is the temperature at which hot water is required for the specific application The equation assumes that the cold water temperature (inlet water temperature) is 15°C and a linear relationship of 45 ° C is the difference between 60 ° C and 15 ° C. ii. For buildings with seasonal variations in hot water demand such as Hotels, Game Lodges and similar premises, the demand may be adjusted by an annual occupancy rate of factor of not less than 70%. iii. In calculating the demand, it shall be assumed that the daily hot water demand is constant, throughout the year. iv. In calculating demand for domestic residential houses, the number of persons shall be taken to be equal to the number of bedrooms X 1.5 v. In calculating the heat load of SWH system, heat losses in the hot water distribution system shall be taken into account. Kenya Subsidiary Legislation, 2025 1189 PART B INSTALLATION STANDARDS FOR SOLAR WATER HEATING SYSTEM KS 1860:2009: Code of Practice — Solar Water Heating for Domestic Hot Water KS ISO 21003-1:2008: Multilayer piping systems for hot and cold-water installations inside buildings Part 1: General KS ISO 15874-2:2003: Plastics piping systems for hot and cold-water installations - Polypropylene (PP) - Part 2: Pipes 1190 Kenya Subsidiary Legislation, 2025 PART C INSTALLATION GUIDELINES FOR SOLAR WATER HEATING SYSTEM 1. Stationary solar collectors shall be installed at an angle between 10° and 20 ° from horizontal plane and/or facing the equator: Provided that the stationary solar collector area shall be increased by 10% for tilt angles of up to 30 ° and 20% for tilt angles of up to 40 ° for technical or aesthetic reasons and/or increased by 10% if the deviation from the direction of the equator is above 25 °. 2. A Solar collector shall be of the unglazed flat plate, glazed flat plate or evacuated tube collector technologies or any other type that meets the relevant Kenya Standards. 3. A glazed, evacuated tube collector or any other type that meets the Kenya Standards for collectors shall be used in all installations except in installations for heating swimming pools where unglazed collectors may be used. 4. The storage capacity of a solar water heating system shall not be less than one and a half times the daily hot water demand of the installation. 5. The hot water storage tanks shall be insulated. 6. All components selected for use in the installation of a solar water heating system shall be corrosion resistant. 7. Conventional back-up water heater systems that utilize traditional fuels, including electricity, gas, or similar fuels, may be separately installed in buildings or be integrated into the solar water heating system to ensure that there is an adequate supply of hot water at all times. 8. The back-up system shall be designed to supplement a solar water heating system by operating when absolutely necessary to supply the energy deficit from solar collectors due to reasons such as adverse weather conditions or a solar water heating system defect. Kenya Subsidiary Legislation, 2025 1191

EIGHTH SCHEDULE (r.22) MINIMUM WARRANTY ON SOLAR WATER HE ',TING SYSTEM COMPONENTS AND WORKMA \:S I !I!' Component Wairanty period Controller/regulator 2 years Collector 5 years Storage tank 5 years Worl,.manshi-i 1 year Made on the 9th June, 2025. JAMES OPIYO WANDAYI, Cabinet Secretary for Energy and Petroleum. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI