[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17259]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Docket No. EE-RM-94-210]
Building Energy Standards Program: Updating State Building Codes
Regarding Energy Efficiency
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy (DOE).
ACTION: Notice.
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SUMMARY: Pursuant to section 304 of the Energy Conservation and
Production Act, the Department of Energy (DOE or Department) is
announcing guidance and procedures for the use of States concerning
their review of the energy-related provisions of their residential
building codes in light of the relevant version of the Council of
American Building Officials' Model Energy Code (Model Energy Code), and
of their commercial building codes in light of the American Society of
Heating, Refrigerating and Air Conditioning Engineers/Illuminating
Engineering Society of North America Standard 90.1-1989 (Standard 90.1-
1989). The guidance and procedures cover Certifications, Statements of
Reasons and Requests for Extensions of Deadlines from States pursuant
to section 304.
In addition, the Department today determines that the Model Energy
Code, 1993 compared to the Model Energy Code, 1992 would achieve
greater energy efficiency in residential buildings. Consequently,
States should review their residential building codes during the next
two years using the Model Energy Code, 1993 as the standard.
DATES: Certifications or Statements of Reasons with regard to Model
Energy Code, 1992 are due October 24, 1994. Certifications or
Statements of Reasons with regard to Model Energy Code, 1993 are due
two years from the publication of this notice. Certifications with
regard to Standard 90.1-1989 are due October 24, 1994.
ADDRESSES: Certifications, Statements of Reasons, and Requests for
Extensions of Deadlines for Certification Statements by States should
be directed to the Assistant Secretary for Energy Efficiency and
Renewable Energy, Office of Codes and Standards, Mail Station EE-43,
1000 Independence Avenue, Washington, DC 20585. Envelopes or packages
should be labeled, ``State Certification of Building Codes Regarding
Energy Efficiency.''
FOR FURTHER INFORMATION CONTACT: Stephen P. Walder, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Forrestal
Building, Mail Station EE-432, 1000 Independence Avenue, SW.,
Washington, DC 20585, Phone: 202-586-9209, FAX: 202-586-4617.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Statutory Requirements
Title III of the Energy Conservation and Production Act of 1976, as
amended (Act) establishes mandated requirements for the Building Energy
Standards Program. 42 U.S.C. 6831-6837. The Act applies to all State
building codes which by definition includes the codes of units of
general purpose local government. 42 U.S.C. 6832. As stated in the Act,
the term ``State'' is defined to include the District of Columbia, the
Commonwealth of Puerto Rico, any territory and possession of the United
States, as well as the 50 States.
1. Residential Building Codes. Under the Act, each State, not later
than two years after the enactment of the Energy Policy Act of 1992
(October 24, 1992), is required to certify to the Secretary of Energy
(Secretary) that it has reviewed the provisions of its residential
building code regarding energy efficiency and made a determination as
to whether it is appropriate for such State to revise its residential
building code provisions to meet or exceed the Model Energy Code, 1992
or any successor of such code that improves energy efficiency. The
determination is to be: (1) made after public notice and hearing; (2)
made in writing; (3) based on findings included in such determination
and evidence presented at the hearing; and (4) available to the public.
42 U.S.C. 6833(a)(1), (a)(2). In addition, if a State makes a
determination that it is not appropriate to revise its residential
building code, the State is required to submit to the Secretary, in
writing, the reasons for the determination which is to be made
available to the public. 42 U.S.C. 6833(a)(4).
Furthermore, whenever the Model Energy Code, 1992, or any successor
to such code is revised, the Secretary is required to make a
determination, not later than 12 months after such revision, whether
such amendment would improve the energy efficiency of residential
buildings and to publish notice of such determination in the Federal
Register. If the Secretary determines that the revision of Model Energy
Code, 1992, or any successor thereof, improves the energy efficiency in
residential buildings, then not later than two years after the date of
the publication of such determination, each State is required to
certify that it has reviewed the provisions of its residential building
code regarding energy efficiency and made a determination as to whether
it is appropriate for the State to revise its residential building
code. 42 U.S.C. 6833(a)(5).
As of the date that this notice was issued, only one State had
submitted a certification with regard to the Model Energy Code, 1992.
2. Commercial Building Codes. Under the Act, each State, not later
than two years after enactment of the Energy Policy Act of 1992, is
required to certify to the Secretary that it has reviewed and updated
the provisions of its commercial building code regarding energy
efficiency. The certification must include a demonstration that the
State's code provisions meet or exceed the requirements of Standard
90.1-1989. Whenever the provisions of Standard 90.1-1989, or any
successor standard, are revised, the Secretary is required to make a
determination, not later than 12 months after the date of such
revision, whether such amendment would improve energy efficiency in
commercial buildings and to publish notice of such determination in the
Federal Register. 42 U.S.C. 6833(b)(1) and (b)(2). If the Secretary
publishes an affirmative determination, then the States have up to 2
years to review and update their commercial building codes accordingly.
Id.
3. Requests for Extension of Deadlines. The Act authorizes the
Secretary to permit extensions of the deadlines for the certification
requirements relative to both residential and commercial building
codes, if the State can demonstrate that it has made a good faith
effort to comply with the requirements and that it has made significant
progress in doing so. 42 U.S.C. 6833(c).
II. Discussion
A. Updating Residential Building Codes Regarding Energy Efficiency
1. Determination. As stated above, section 304(a)(2) requires each
State to make a determination as to whether it is appropriate for such
State to revise its residential building code regarding energy
efficiency. The determination shall be: (1) made after public notice
and hearing; (2) in writing; (3) based upon findings and upon the
evidence presented at the hearing; and (4) made available to the
public. The States have considerable discretion with regard to the
hearing procedures they use, subject to providing an adequate
opportunity for members of the public to be heard and to present
relevant information. The Department recommends publication of any
notice of public hearing in newspapers of general circulation.
The Department realizes that some States do not have a State
residential code or have a code that does not apply to all newly
constructed residential buildings. If local building codes regulate
residential building design and construction rather than a State code,
the State must provide for review of those local codes and determine
whether it is appropriate for each of its units of general purpose
local government to revise the provisions of its residential building
code regarding energy efficiency to meet or exceed the Model Energy
Code. States may base their determinations and certifications on
reasonable preliminary determinations by units of general purpose local
government after they have held an adequate public hearing.
States should be aware that high-rise multi-family residential
buildings (greater than three stories) and hotel, motel, and other
transient residential building types of any height have historically
been treated for energy code purposes as commercial buildings.
Consistent with the treatment of high-rise multi-family residential
buildings and hotels, motels, and other transient residential building
types in Standard 90.1-1989 as if they were commercial buildings, the
Department is of the view that the energy efficiency requirements of
building codes applicable to such buildings should be reviewed and
updated by the States and units of general purpose local government
pursuant to the Act as if they were commercial building code
requirements. Consequently, residential buildings, for the purposes of
certification, would include one- and two-family detached and attached
buildings, townhouses, row houses, and low-rise multi-family buildings
(not greater than three stories) such as condominiums and garden
apartments.
2. Certification. As stated above, section 304(a) requires each
State to certify to the Secretary that it has reviewed the provisions
of its residential building code regarding energy efficiency and made a
determination as to whether it is appropriate for such State to revise
the provisions of such residential building code to meet or exceed the
Model Energy Code, 1992. The certification must be in writing. If a
State intends to certify that its residential building code(s) already
meet or exceed the requirements of the Model Energy code, 1992, it
would be appropriate for the State to provide an explanation of the
basis for this certification, e.g. the Model Energy Code, 1993, is
incorporated by reference, the results of the Departments' comparative
analysis or the results of an independent analysis. The Department
believes that it would be appropriate for the chief executive of the
State (e.g., the Governor) to designate a State official such as the
Director of the State energy office, State code commission, utility
commission, or equivalent having primary responsibility for residential
building code promulgation and adoption to provide the certification to
the Secretary, including certifications regarding the codes of units of
general purpose local government based on information provided by
responsible local officials.
3. Statement of reasons. Section 304(a)(4) requires that if a State
makes a determination that it is not appropriate to revise the energy
efficiency provisions of its residential building code, the State is to
submit to the Secretary, in writing, the reasons for this
determination. The statement of reasons should define and summarize the
pertinent issues and problems regarding its determination; and provide
an explanation as to why the State came to its conclusion. If local
building codes are applicable in the absence of a State code, the State
may rely on reasons provided by the units of general purpose local
government. Upon receipt, the Department will publish in the Federal
Register a notice of availability, stating that a copy has been placed
in its Freedom of Information Reading Room in the Forrestal Building in
Washington, D.C., so that members of the public may inspect it.
4. DOE Determination of Improved Energy Efficiency from a Revised
Model Energy Code. At the beginning of 1993, the Council of American
Building Officials published a new edition of the Model Energy Code.
Differences between the two versions include: (1) the 1993 Edition
incorporates the heating, ventilation, and air conditioning minimum
energy efficiency standards requirements from Standard 90.1-1989 which
includes the Department's appliance energy conservation regulations. 10
CFR Part 430. (2) the 1993 Edition incorporates revised Uo\1\
values for walls; (3) the 1993 Edition includes revised air
infiltration values for windows and doors; and (4) the 1993 Edition
incorporated the air leakage requirements of Standard 90.1-1989.
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\1\Uo = the area-weighted average thermal transmittance of
the gross area of the building envelope; i.e., the exterior wall
assembly including fenestration and doors, the roof and ceiling
assembly, and the floor assembly, British thermal unit/(hour x
square feet x degrees Fahrenheit).
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Based on the above, the Department has determined that the 1993
update would improve the energy efficiency of residential building
codes. Section 304(a)(5) of the Act provides for States to certify
their codes [using the procedures in section 304(a)(2)] after reviewing
them in light of a revised version of the Model Energy Code, such as
the 1993 update, not later than two years from the Department's
determination that the revised version would improve energy efficiency.
With regard to the Model Energy Code, 1993, that period for revision
begins today.
As noted above, only one State has submitted a certification with
regard to its residential building code as of the date that this notice
was issued. States that have not yet made substantial progress in
reviewing the energy efficiency provisions of their residential
building codes may wish to review and certify their codes in light of
the Model Energy Code, 1993. If a State is able to complete its review
and certification with regard to the Model Energy Code, 1993 on or
before October 24, 1994, there is no need to separately review and
certify with respect to the Model Energy Code, 1992. States that have
made substantial progress in reviewing the energy efficiency provisions
of their residential building codes in light of the Model Energy Code,
1992 may wish to complete their review and submit an appropriate
certification by the October 24, 1994 statutory deadline before
considering the Model Energy Code, 1993.
B. State Certification and Demonstration Regarding Updating of
Commercial Building Codes
1. Certification. Section 304(b) requires that not later than
October 24, 1994 each State shall certify in writing to the Secretary
that it has reviewed and updated the provisions of its commercial
building code regarding energy efficiency. The certification is
required to include a demonstration that the commercial building code
provisions regarding energy efficiency meet or exceed the requirements
of Standard 90.1-1989. As discussed in section A herein, commercial
buildings include hotels, motels and other transient buildings of any
height as well as high-rise (greater than three stories) multi-family
residential buildings (such as apartments and condominiums).
The Department believes that it would be appropriate for the chief
executive of the State (e.g., the Governor) to designate a State
official such as the Director of the State energy office, State code
commission, utility commission or equivalent having primary
responsibility for commercial building code promulgation and adoption
to provide the certification to the Secretary. The Department realizes
that some States do not have a State commercial code or have a code
that does not apply to all newly constructed commercial buildings.
Where local building codes regulate commercial building design and
construction rather than a State code, the State must provide for the
review and updating of those codes regarding energy efficiency to meet
or exceed Standard 90.1-1989. With respect to local building codes,
States may base their review and update on reasonable preliminary
review and certifications presented to the State by its units of
general purpose local government.
2. Demonstration. It would be appropriate for the demonstration to
include a copy of the State and local government (if applicable)
commercial building codes regarding energy efficiency or copies of
legislation or regulations adopting either Standard 90.1-1989, or the
codified version of Standard 90.1-1989, by reference or incorporation
into its State or local building codes. If a State has not adopted
Standard 90.1-1989 by reference or incorporation, it would be
appropriate to include an analysis showing that its code meets or
exceeds Standard 90.1-1989, or the State could accept the conclusions
provided the State by the Department in its comparative analysis of the
State code relative to Standard 90.1-1989 as a part of the technical
assistance provided under section 304(d). In conjunction with the
effort to update its residential building code, States should be aware
that the Model Energy Code, 1993 adopts Standard 90.1-1989 by reference
for commercial and high-rise residential buildings. As such, State
adoption of the Model Energy Code, 1993 would automatically satisfy the
Act as it relates to commercial buildings.
Demonstrations for local government building codes may be based on
reasonable preliminary review and analyses presented to the State by
its units of general purpose local government.
C. Request for Extensions
Section 304(c) of the Act requires that the Secretary permit
extensions of the deadlines for the certification requirements under
sections 304(a) and (b) if a State can demonstrate that it has made a
good faith effort to comply with such requirements and that it has made
significant progress toward meeting the provisions of section 304. Such
demonstrations could include one or more of the following: (1) a plan
for response to the requirements stated in section 304; (2) a statement
that the State has appropriated or requested funds (within State
funding procedures) to implement a plan that would respond to the
requirements of section 304; or (3) a notice of public hearing.
States should submit separate requests for extension of deadlines
for their residential and the commercial building code certifications.
D. Submittals
When submitting any of the above-described documents in this
notice, the Department requests that the original documents be
accompanied by one copy of the same.
Issued in Washington, DC, on June 7, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 94-17259 Filed 7-14-94; 8:45 am]
BILLING CODE 6450-01-P
