In general theres two kinds of ways to meet code: by design or by test. They might be referring to a 'design' stipulation which wouldn't require a real test. If they choose to be tested instead, then the 'open when activated' would likely pass.

EDIT: it looks like the terms are 'Prescriptive' and 'Performance'. e.g. https://www.energycodes.gov/sites/default/files/2019-09/Ener...