97-10922. Energy Efficiency Code for New Federal Residential Buildings  

  • [Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
    [Proposed Rules]
    [Pages 24164-24209]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-10922]
    
    
    
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    Part II
    
    
    
    
    
    Department of Energy
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Office of Energy Efficiency and Renewable Energy
    
    
    
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    10 CFR Part 435
    
    
    
    Energy Efficiency Code For New Federal Residential Buildings; Proposed 
    Rule
    
    Federal Register / Vol. 62, No. 85 / Friday, May 2, 1997 / Proposed 
    Rules
    
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    DEPARTMENT OF ENERGY
    
    Office of Energy Efficiency and Renewable Energy
    
    10 CFR Part 435
    
    [Docket No. EE-RM-96-300]
    RIN 1904-AA53
    
    
    Energy Efficiency Code for New Federal Residential Buildings
    
    AGENCY: Office of Energy Efficiency and Renewable Energy, DOE.
    
    ACTION: Notice of proposed rulemaking, public hearing, and request for 
    public comment.
    
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    SUMMARY: The Department of Energy today proposes a rule that would 
    establish minimum energy-efficiency building standards for new Federal 
    residential buildings, including single-family and multi-family low-
    rise housing, pursuant to the requirements of the Energy Conservation 
    and Production Act of 1976, as amended. The proposed rule would cover 
    all aspects of residential building thermal envelopes, including 
    foundations, crawl spaces, floors, walls, fenestration, roof/ceilings, 
    and attics. The proposed rule would also cover the heating, 
    ventilation, and air-conditioning systems design, service water heating 
    systems, radon control, air infiltration, and electrical power and 
    lighting systems. The proposed rule would revise the current Federal 
    residential standards to conform generally with the format and language 
    of the Council of American Building Officials Model Energy Code, 1992. 
    The proposed rule is, on the average, 11 percent more energy-efficient 
    than the Model Energy Code, 1992 for single-family residences and 26 
    percent more energy-efficient than the Model Energy Code, 1992 for 
    multi-family residences for heating and cooling.
    
    DATES: Written comments on the proposed rule (ten copies and, if 
    possible, a computer disk containing the electronic file of these 
    comments) must be received on or before July 14, 1997. A public hearing 
    will be held in Washington, D.C., on June 5, 1997, beginning at 9:30 
    a.m. at the address listed below. Requests to speak must be received by 
    the Department on or before June 3, 1997. Ten copies of the statement 
    to be given at the public hearing must be received by the Department by 
    4:00 p.m., June 3, 1997.
    
    ADDRESSES: Written comments on the proposed rule (ten copies), as well 
    as requests to speak at the public hearing, requests for copies of the 
    technical support documents and requests for speaker lists should be 
    addressed to: U.S. Department of Energy, Energy Efficiency Code for 
    Federal Residential Buildings, Docket Number EE-RM-96-300, Office of 
    Codes and Standards, Office of Energy Efficiency and Renewable Energy, 
    U.S. Department of Energy, Room 1J-018, 1000 Independence Avenue, S.W., 
    Washington, D.C. 20585-0121, (202) 586-7574.
        Fax comments will not be accepted. The public hearing will be held 
    at the U.S. Department of Energy, Forrestal Building, Room 1E-245, 1000 
    Independence Avenue, S.W., Washington D.C. 20585-0121. Copies of the 
    transcripts of the public hearings and written public comments received 
    may be read at the Department of Energy's Freedom of Information 
    Reading Room, U.S. Department of Energy, Forrestal Building, Room 1E-
    190, 1000 Independence Avenue, S.W., Washington, D.C. 20585-0121, (202) 
    586-6020, between the hours of 9:00 a.m. and 4:00 p.m., Monday through 
    Friday, except Federal holidays. The reference standards are also 
    available from the sources listed in Subpart H of the proposed rule. 
    For more information concerning public participation see section IX. 
    Public Comment Procedures.
    
    FOR FURTHER INFORMATION CONTACT:
    
    Stephen P. Walder, Office of Codes and Standards, EE-43, U.S. 
    Department of Energy, Office of Energy Efficiency and Renewable Energy, 
    Room 1J-018, 1000 Independence Avenue, S.W., Washington, D.C. 20585-
    0121, (202) 586-9209;
    
    Francine B. Pinto, Esq., Office of General Counsel, GC-72, U.S. 
    Department of Energy, Room 6E-042, 1000 Independence Avenue, S.W., 
    Washington, D.C. 20585-0103, (202) 586-7432.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Introduction
    
    A. Authority
    B. Background
        1. Model Energy Code, 1992
        2. The Current Federal Standards
        3. Standard 90.2-1993
    
    II. Relationship Between the Proposed Rule, the MEC, 1992, the Current 
    Federal Residential Standards, Standard 90.2-1993, and Other Federal 
    Initiatives
    
    A. General
    B. Relationship Between the Proposed Rule and the MEC, 1992
    C. Relationship Between the Proposed Rule and the Current Federal 
    Residential Standards
    D. Relationship Between the Proposed Rule and Standard 90.2-1993
    E. Relationship to Other Federal Initiatives
    
    III. Description of the Proposed Rule and Differences Between the 
    Proposed Rule and the Model Energy Code, 1992
    
    A. Subpart A: Administration and Enforcement
        1. Sections 435.102.1.2 and 435.102.1.3: Building Envelope 
    Insulation and Insulation Installation
        2. Section 435.102.3: Fenestration Product Rating, 
    Certification, and Labeling
        3. Section 435.104: [Reserved]
        4. Section 435.105: [Reserved]
        5. Section 435.106: [Reserved]
        6. Section 435.107: Precedence
        7. Section 435.108: Life-Cycle Cost Analysis
    B. Subpart B: Definitions
    C. Subpart C: Design Conditions
    D. Subpart D: Design by Systems Analysis; Design Utilizing Renewable 
    Energy Sources
        1. Section 435.402.1: Energy Analysis
        2. Section 435.402.1.1: Input Values/Assumptions for Group R 
    (Single Family and Multi-family Low Rise) Buildings
        3. Section 435.403.3: Passive Solar Design Analysis
    E. Subpart E: Design by Component Performance Approach
        1. Major Revisions from the Model Energy Code, 1992 that are 
    Contained in Subpart E of the Proposed Rule
        a. Section 435.502: Building Thermal Envelope Requirements
        b. Section 435.502.2.1.1.2: Metal Framing
        c. Section 435.502.2.1.5: Crawl Space Walls
        d. Section 435.502.3.3: Recessed Lighting Fixtures
        e. Section 435.503.2: Mechanical Equipment Efficiency
        f. Section 435.503.3.1.1: Heating and Cooling Equipment Capacity
        g. Section 435.503.5.7.2: Duct Sealing
        h. Section 435.503.5.9.1: Backdrafting Test
        i. Section 435.504.2: Service Water Heating Equipment
        j. Section 435.504.4: Heat Traps
        2. Miscellaneous Revisions that are Contained in Subpart E of 
    the Proposed Rule, Not in the MEC, 1992
    F. Subpart F: [Reserved]
    G. Subpart G: Radon Control
    H. Subpart H: Standards
    
    IV. Consultation
    
    V. Energy and Economic Impacts
    
    VI. Technological Feasibility and Economic Justification
    
    VII. Measures Concerning Radon and Other Indoor Air Pollutants
    
    VIII. Findings and Certification
    
    A. Review Under the National Environmental Policy Act
    B. Environmental Protection Agency Review
    C. Regulatory Planning and Review
    D. Federalism Review
    E. Review Under Executive Order on Metric Usage in Federal 
    Government Programs
    F. Review Under Executive Order on Civil Justice Reform
    G. Review Under the Regulatory Flexibility Act
    H. Paperwork Reduction Act Review
    
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    I. Review Under Section 32 of the Federal Energy Administration 
    Authorization Act
    J. Unfunded Mandates Reform Act Review
    
    IX. Public Comment Procedures
    
    A. Participation in Rulemaking
    B. Solicitation of Public Comments
    C. Written Comment Procedures
    D. Public Hearings
        1. Procedure for Submitting Requests to Speak
        2. Conduct of Hearings
    
    
    
    I. Introduction
    
    A. Authority
    
        The Department today proposes a rule that would establish Federal 
    building energy-efficiency standards for new Federal residential 
    buildings pursuant to section 305(a) of the Energy Conservation and 
    Production Act (ECPA), as amended by the Energy Policy Act of 1992 
    (EPACT), 42 U.S.C. 6834(a). In developing this proposed rule, the 
    Department is directed to consult with other Federal agencies as well 
    as private and state associations and other appropriate persons.
        Section 305(a)(1) of the ECPA requires the Department to establish 
    Federal building energy standards that include those energy-efficiency 
    measures that are technologically feasible and economically justified. 
    The standards must contain energy saving and renewable energy 
    specifications that meet or exceed the energy saving and renewable 
    energy specifications of the Council of American Building Officials 
    (CABO) Model Energy Code (MEC), 1992. Section 305(a)(2)(A).
        Section 305(a)(2)(B) requires that to the extent practicable, the 
    proposed standards use the same format as the appropriate voluntary 
    building energy code, in this case, the MEC, 1992. Furthermore, Section 
    305(a)(2)(C) requires that the proposed rule be established in 
    consultation with the Environmental Protection Agency (EPA) and other 
    Federal agencies and, where appropriate, contain measures with regard 
    to radon and other indoor air pollutants.
        The current energy performance standards for new Federal buildings 
    remain in effect until the standards established under subsection (a) 
    become effective. Section 305(d). These current standards are found in 
    10 CFR Part 435, Subpart C.
        Section 306 addresses Federal compliance. Each Federal agency and 
    the Architect of the Capitol must adopt procedures to assure that new 
    Federal buildings will meet or exceed the Federal building energy 
    standards proposed here. Section 306(a). Section 306(b) bars the head 
    of a Federal agency from expending Federal funds for the construction 
    of a new Federal building unless the building meets or exceeds the 
    appropriate Federal building energy standards established under Section 
    305.
    
    B. Background
    
        There are currently three building energy codes that address low-
    rise residential buildings in all parts of the United States \1\: the 
    Model Energy Code (MEC); 10 CFR Part 435, Subpart C, Mandatory 
    Performance Standards for New Federal Residential Buildings; and the 
    American Society of Heating, Refrigerating and Air Conditioning 
    Engineers (ASHRAE), Inc., Standard 90.2-1993, Energy-Efficient Design 
    of New Low-Rise Residential Buildings. All three bear on today's 
    proposed rule. The MEC contributes format, substance, and technical 
    improvements to the proposal. The Federal residential standards first 
    introduced the concept of cost-effectiveness in building standards and 
    tools to analyze the economic justification of energy-efficiency 
    requirements in building standards. Tools that evolved from the 
    development of the current Federal residential standards were used to 
    determine the economic justification for the requirements contained in 
    the proposed rule. ASHRAE Standard 90.2-1993 also provides substantive 
    technical improvements to the proposal.
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        \1\ There are other building energy codes that are state-
    specific or regional that are not considered.
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    1. Model Energy Code, 1992
        Currently, the MEC is the most widely accepted and used residential 
    energy-efficiency code in the United States. Seventeen states have 
    adopted the MEC, or modified versions of the MEC, as their energy code. 
    Approximately 20 percent of new home loans are issued or guaranteed by 
    the Department of Housing and Urban Development, the Department of 
    Veterans Affairs, and the Rural Economic and Community Development 
    group of the Department of Agriculture. Such loans or loan guarantees 
    require compliance with the MEC, 1992. The MEC has been promulgated 
    jointly by the three model code organizations: the Building Officials 
    and Code Administrators International; the International Conference of 
    Building Officials; and the Southern Building Code Congress 
    International under the auspices of the Council of American Building 
    Officials. The MEC is provided as a model and intended for adoption by 
    state and local jurisdictions.
        The provisions of the MEC, 1992 regulate the design of building 
    envelopes for adequate thermal resistance and low air leakage and the 
    design and selection of mechanical, electrical, service water-heating 
    and illumination systems and equipment which will enable effective use 
    of energy in new building construction. The MEC provides flexibility to 
    permit the use of innovative approaches and techniques to achieve 
    efficient utilization of energy. These provisions are structured to 
    permit compliance with the intent of the code by any one of the 
    following paths of design: (1) A systems analysis approach for the 
    entire residential building and its energy-using subsystems, including 
    buildings which utilize renewable sources (Chapter 4), (2) a building 
    design by component performance approach (Chapter 5) and, (3) building 
    design by acceptable practice (Chapter 6).
    
    2. The Current Federal Standards
        On August 25, 1988, the Department published standards for new 
    Federal residential buildings (53 FR 32536). It established building 
    energy-efficiency standards for the design and construction of Federal 
    residential buildings.
        The current Federal standards require that Federal agencies use 
    software to create project-specific compliance forms that are then 
    completed by prospective builders to demonstrate compliance with 
    minimum energy-efficiency requirements. The process must be undertaken 
    for each project. The micro-computer software program, Conservation 
    Optimization Standard for Savings in Federal Residences (COSTSAFR), 
    uses local construction, maintenance and replacement costs, local 
    climate data, and local fuel costs to determine an energy-efficient and 
    cost-effective energy usage goal for any of nine residential building 
    unit types addressed in the COSTSAFR program data base. COSTSAFR 
    calculates project-specific minimum energy-efficiency requirements and 
    presents these requirements in compliance forms known as ``the point 
    system.'' The use of COSTSAFR eliminated the need for performing 
    lengthy calculations or making uninformed choices regarding the 
    selection of energy-efficiency measures. COSTSAFR is designed so that 
    implementing officials, designers, and builders can easily tell if a 
    proposed combination of measures will result in energy-efficiency 
    levels that meet or
    
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    exceed the COSTSAFR required level for cost-effective energy-efficiency 
    in a building.
        The Department decided not to use COSTSAFR as the basis for this 
    new Federal proposed rule because it cannot always be assured of 
    complying with the new legislative requirements. In particular, 
    COSTSAFR can generate energy-efficiency requirements that do not meet 
    the MEC, 1992 energy-efficient levels specified by EPACT. The software 
    would have to be reconfigured to eliminate this possibility.
    3. Standard 90.2-1993
        Standard 90.2-1993, Energy-Efficient Design of New Low-Rise 
    Residential Buildings, is a standard for residential construction 
    published by the American Society of Heating, Refrigerating and Air 
    Conditioning Engineers (ASHRAE), Inc. Standard 90.2-1993 is the next 
    generation residential component of ASHRAE's earlier Standard 90 (1975) 
    and Standard 90A-1980, which specified design requirements for energy-
    efficient commercial and residential buildings. Standard 90.2-1993 sets 
    criteria for the building envelope, heating equipment and systems, air-
    conditioning and systems, and provisions for overall building design 
    alternatives and trade-offs.
    
    II. Relationship Between the Proposed Rule, the MEC, 1992, the Current 
    Federal Residential Standards, Standard 90.2-1993, and Other Federal 
    Initiatives
    
    A. General
    
        The Department has decided to develop a proposed rule similar in 
    format to the MEC rather than modify the current Federal residential 
    building standards. Currently, construction professionals are more 
    familiar with the MEC, 1992 format and content than the Federal 
    standards. This familiarity with the MEC requirements and format is 
    likely to reduce costs associated with the development and use of 
    building specifications consistent with those of the MEC. The 
    consistency of the proposed rule with industry-wide practice will 
    facilitate implementation by Federal agencies of the final rule. 
    Currently, 10 CFR Part 435 contains standards for Federal commercial 
    buildings (Subpart A), a reserved section that was intended for 
    voluntary standards for new non-Federal residential buildings (Subpart 
    B), and standards for Federal residential buildings (Subpart C). On 
    August 6, 1996, the Department proposed to remove Subpart A from Part 
    435 and republish it as a new Part 434 in the Code of Federal 
    Regulations. (61 FR 40882). In today's proposed rule, Subparts B and C 
    would be removed and Part 435 would be revised to establish standards 
    for Federal residential buildings only.
    
    B. Relationship Between the Proposed Rule and the MEC, 1992
    
        The proposed rule would adopt portions of the Model Energy Code, 
    1992 verbatim. There are, however, some requirements in the proposed 
    rule that exceed the MEC, 1992 resulting in increased energy-
    efficiency. Many of the provisions improving energy-efficiency are 
    found in the 1993 and 1995 versions or the 1994 amendments to the MEC, 
    1993. Those aspects of the proposed rule that exceed the MEC, 1992 
    resulting in increased energy-efficiency are: (1) more stringent 
    thermal envelope requirements, (2) insulating of crawl space walls, (3) 
    sealing recessed light fixtures, (4) heating and cooling equipment 
    capacity requirements, (5) air distribution system construction, and 
    (6) heat traps.
        The proposed rule would also make revisions to the Model Energy 
    Code, 1992, that are consistent with current building construction 
    practice. These include requirements for: (1) insulation inspection, 
    (2) window and door thermal performance ratings, (3) improved 
    performance path specifications, (4) metal framing construction and, 
    (5) radon and other indoor air pollutants. The requirements referenced 
    in (1)-(4) above, do not save energy but help ensure that energy 
    savings are achieved. Requirements concerning radon and other indoor 
    air pollutants are consistent with health and safety needs.
        Further, the Department has made miscellaneous minor changes to the 
    MEC, 1992 to improve the clarity and useability of the rule. These 
    miscellaneous changes are not expected to have any impact on the 
    agencies or their contractors.
        The proposed rule is on the average, 11 percent more energy-
    efficient than the Model Energy Code, 1992 for single-family residences 
    and 26 percent more energy-efficient than the Model Energy Code, 1992 
    for multi-family residences for heating and cooling.
    
    C. Relationship Between the Proposed Rule and the Current Federal 
    Residential Standards
    
        There are significant differences and similarities between the 
    proposed rule and the current standards. The current standards have a 
    point system related to energy cost that permits tradeoffs among 
    energy-efficiency measures, while the proposed rule has an overall U-
    value that permits tradeoffs in envelope measures. The use of 
    microcomputer software is necessary to determine the requirements of 
    the current standards, whereas, the requirements of the proposed rule 
    are contained in a hardcopy publication. Both have a similar whole 
    building energy usage analysis compliance approach.
        The current Federal standards will not always assure the user of 
    meeting or exceeding the requirements of the MEC, 1992. The Department 
    has demonstrated that residential buildings designed using COSTSAFR 
    will have a less stringent level of thermal performance than those 
    buildings designed using the requirements of the proposed rule.
    
    D. Relationship Between the Proposed Rule and Standard 90.2-1993
    
        A number of features from Standard 90.2-1993 are included in 
    today's proposed rule. These provisions address feasible residential 
    design features not presently or adequately addressed by the MEC, while 
    providing the potential for further energy savings in the proposed 
    rule. They include heating and cooling equipment sizing limitations; 
    default thermal performance data for metal frame walls; and heat traps 
    on water heaters for potable water.
        Standard 90.2-1993 has been put into code format providing a 
    similar structure for both the standard and the proposed rule. Both 
    also have three alternative compliance paths of similar nature. 
    Standard 90.2-1993 however, has more complexity than the respective 
    compliance options of the proposed rule. The Department believes that 
    this greater complexity of Standard 90.2-1993 would make it more 
    difficult to adopt, use, and enforce than the MEC, which is the basis 
    for the proposed rule. The Department also believes that the complexity 
    and differences between Standard 90.2-1993 and the MEC would have made 
    it difficult for the Department to have assured the user of meeting the 
    minimum energy-efficiency requirements of the MEC, 1992. The Department 
    determined that the necessary cost and resources to revise Standard 
    90.2-1993 as the proposed Federal residential rule and that would meet 
    or exceed the MEC, 1992 would not be warranted. The proposed rule looks 
    to the broad recognition and penetration enjoyed by the MEC within the 
    community of residential designers, builders and enforcement officials 
    to facilitate its implementation by the Federal sector.
    
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    E. Relationship to Other Federal Initiatives
    
        The proposed rule would establish the minimum level of energy-
    efficiency for new Federal buildings. The rule works in conjunction 
    with two related Federal initiatives designed to encourage cost-
    effective efficiency improvements for new buildings beyond the minimum 
    requirements of the proposed rule. First, Executive Order on Energy 
    Efficiency and Water Conservation at Federal Facilities, Executive 
    Order No. 12902 (59 FR 11463, March 8, 1994), specifically requires 
    that, ``Each agency involved in the construction of a new facility--
    shall: (1) design and construct such facility to minimize the life 
    cycle cost of the facility by utilizing energy efficiency, water 
    conservation, or solar or other renewable energy technologies.'' 
    Section 306(a) of Executive Order 12902. It also requires agencies to 
    ``ensure that the design and construction of facilities meet or exceed 
    the energy performance standards applicable to Federal residential or 
    commercial buildings as set forth in 10 CFR Part 435, local building 
    standards, or a Btu-per-gross square-foot ceiling--whichever will 
    result in a lower life cycle cost over the life of the facility.'' 
    Section 306(a)(2) of Executive Order 12902. In addition, Federal 
    agencies shall increase, to the extent practicable and cost-effective, 
    purchases of products that are in the upper 25 percent of energy 
    efficiency for all similar products, or products that are at least 10 
    percent more efficient than the minimum level that meets Federal 
    standards. Section 507(a)(2) of Executive Order 12902. This latter 
    provision is being implemented through the Department's ``Procurement 
    Challenge Program'' that notifies Federal agencies of the availability 
    and performance of these high-efficiency options. This ``Procurement 
    Challenge Program'' is being coordinated with the EPA ``Energy Star'' 
    product specification activities. In addition, the Department's Office 
    of Building Technologies, State and Community Programs provides 
    detailed technical information on state-of-the-art energy-efficiency 
    equipment for new buildings. These sources of technical assistance can 
    help Federal agencies specify highly-efficient equipment for new 
    Federal residential buildings.
        Second, section 435.108 of today's proposed rule references the 
    requirements of 10 CFR Part 436 governing life-cycle cost analysis for 
    Federal energy investments. The life-cycle cost analysis provisions 
    found in 10 CFR Part 436 allow agencies to determine when additional or 
    alternate energy-efficiency measures would provide net benefits in the 
    form of energy cost savings to ensure that measures selected are cost-
    effective to the Federal government. This is especially relevant in 
    areas where energy costs are higher than presumed for the analysis 
    supporting today's proposal, and for innovative technologies and 
    specifications that cannot be readily incorporated into the proposed 
    rule. The microcomputer program entitled ``ARES'' (Automated 
    Residential Energy Standard) can be used for evaluating the life-cycle 
    cost-effectiveness of various thermal envelope energy-efficiency 
    measures (EEMs) that can be more energy-efficient than the requirements 
    of the proposed rule. The Department is currently conducting life-cycle 
    cost analysis that would identify energy-efficiency measures that are 
    economically justified in specified circumstances and exceed the 
    minimum requirements of the proposed rule. The Department will provide 
    the results of this analysis to the Federal agencies to assist them in 
    the design and construction of energy-efficient Federal residential 
    buildings.
    
    III. Description of the Proposed Rule and Differences Between the 
    Proposed Rule and the Model Energy Code, 1992
    
        This section describes the proposed rule and the differences 
    between the proposed rule and the Model Energy Code, 1992. Those 
    sections of the proposed rule not specifically addressed here have been 
    adopted from the MEC, 1992. Minor language and citation changes will 
    not be noted. The discussion below corresponds to the subparts, 
    sections, paragraphs, and subparagraphs in the proposed rule. The 
    sections identified as reserved are discussed briefly.
    
    A. Subpart A: Administration and Enforcement
    
        This subpart describes the scope and general requirements of the 
    rule, the requirements concerning the identification and maintenance 
    information on building materials and equipment, the use of alternate 
    materials, the application of the proposed rule if sections are in 
    conflict, and the requirement for a life-cycle cost analysis.
        Proposed sections 435.101-108 contain changes from the MEC, 1992, 
    as discussed below. The Department believes that the provisions 
    discussed below are technologically feasible, and are of such minimal 
    cost that the benefits of such requirements make them economically 
    justified.
    1. Sections 435.102.1.2 and 435.102.1.3: Building Envelope Insulation 
    and Insulation Installation
        The sections require that insulation installed in the building be 
    clearly marked so that the ``R-value'' of the insulation can be easily 
    verified. The blown or sprayed attic insulation ``depth'' marker 
    requirement is contained in the MEC, 1995 but not in the MEC, 1992. The 
    insulation depth markers will help ensure that the claimed thickness of 
    the loose-fill ceiling insulation can be verified. Verification of the 
    ceiling insulation assures that the designed energy-efficiency 
    performance of the building ceiling can be achieved at a minimal cost 
    to the government. The associated costs are minimal compared to the 
    possibility of installing insulation that is less than the required 
    designed thickness and thereby loses energy. The use of depth markers 
    is technologically feasible because a marker is a simple ruler 
    graduated in one-inch increments and affixed to the roof/ceiling 
    framing.
    2. Section 435.102.3: Fenestration Product Rating, Certification, and 
    Labeling
        Section 121 of EPACT requires the Secretary of Energy to make a 
    determination, within one year of enactment, on whether a window energy 
    rating and labeling program established by the National Fenestration 
    Rating Council (NFRC) meets the objectives of the legislation. If not, 
    the Department is to develop a mandatory rating program. The 
    Secretary's provisional determination concluded that the NFRC voluntary 
    national window rating program meets the requirements of EPACT. 
    (September 23, 1994, 59 FR 48865, 48868). The Department supports the 
    NFRC efforts to establish a uniform, national rating, certification and 
    labeling program through incorporation of the NFRC program in Federal, 
    state and local government and national voluntary codes and standards.
        The verification of window and door assembly U-values is a 
    significant element in determining the overall U-value or thermal 
    performance of the building envelope, which is a key factor in 
    achieving compliance with the proposed rule. Section 435.102.3 of the 
    proposed rule requires that when Federal agencies purchase fenestration 
    products, the U-value (conductive heat transfer) for that fenestration 
    product (window, door, and skylight) shall be assigned. If the product 
    has been tested in accordance with NFRC 100-91 (Procedure for 
    Determining Fenestration
    
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    Product Thermal Properties), the NFRC U-value shall be used. The rating 
    procedure tests the fenestration products to determine the conductive 
    heat transfer properties and/or characteristics of the product.
        If fenestration products are not tested in accordance with NFRC 
    100-91, a default U-value will be assigned, using Tables 102.3.1 and 
    102.3.2 located in the Appendix of the proposed rule. The default 
    values represent a conservative energy-efficiency performance potential 
    of a product based on characteristics of the product which are 
    verifiable by visual inspection. The NFRC 100-91 rating procedure and 
    the default U-value tables for non-tested products in the proposed rule 
    are those found in the MEC, 1995.
        There is no standard for rating the energy-efficiency (U-values) of 
    window and door assemblies in the MEC, 1992. The inclusion of the 
    requirement to assign U-values to fenestration products will 
    potentially save energy costs by eliminating inaccurate U-values or 
    ratings that do not reflect the total window or door assembly thermal 
    performance. Thus assigning U-values or default U-values helps to 
    ensure that the claimed thermal performance of fenestration products 
    will actually be achieved in housing construction.
        The NFRC procedure provides a fair and accurate rating of window 
    and door thermal performance. Over 22,000 products have been rated by 
    the NFRC. The ratings of window and door thermal performance are 
    recognized by at least six states in their building code provisions 
    regarding energy-efficiency.
        Windows and doors that are rated in accordance with NFRC 100-91 may 
    result in an expenditure by the product manufacturer. However, NFRC 
    100-91 is set up so that every window or door unit need not be tested 
    individually. The results of a few actual tests are extrapolated by 
    computer modeling to the manufacturer's entire product line. Thus the 
    per unit cost of receiving a NFRC rating is relatively small. 
    Alternatively, a fenestration product manufacturer can elect not to 
    test and save the associated costs, and receive the default U-value 
    rating.
        Assigning a U-value according to the new rating procedure can 
    change the rating received by particular windows. A model that was 
    previously rated at 0.4 might, for example, be rated under the new 
    system at 0.5. As a result, there may be situations in which agencies 
    would change the window selected in order to keep with the code's U-
    value requirements. That change could result in higher purchase prices, 
    but would reduce building energy use as well. The use of energy-
    efficient windows is becoming standard building construction practice 
    in most regions of the nation, particularly in the northern tier 
    states, indicating their general cost-effectiveness in today's building 
    markets. Given the nominal cost per unit for NFRC testing and rating 
    and the general cost-effectiveness of energy-efficient windows, the 
    Department has determined that the assigning of U-values in accordance 
    with NFRC 100-91 or default U-values in the proposed rule is 
    economically justified. See the Technical Support Document, section 
    6.7, page 6.6.
    3. Section 435.104: [Reserved]
        The proposed rule does not include the section entitled, ``Plans 
    and Specifications'' from the MEC, 1992.
    4. Section 435.105: [Reserved]
        The MEC, 1992 has requirements concerning the inspection by the 
    building official of construction or work for which a building permit 
    is required. Federal agencies have various procedures concerning the 
    inspection of construction. Section 435.105 is reserved in the proposed 
    rule to allow Federal agencies the flexibility of using their own 
    requirements concerning the inspection of residential construction.
    5. Section 435.106: [Reserved]
        The proposed rule does not include the section entitled, 
    ``Validity'' from the MEC, 1992.
    6. Section 435.107: Precedence
        The Model Energy Code, 1992 contains no statement addressing the 
    order of precedence between potentially conflicting requirements of the 
    proposed code and those of a reference standard. Section 435.107.1 of 
    the proposed rule clarifies which requirements that shall apply.
    7. Section 435.108: Life-Cycle Cost Analysis
        The MEC, 1992 contains no requirements related to life-cycle costs. 
    The proposed rule would require building design(s) of Federal 
    residential buildings to be evaluated consistent with Subpart A of 10 
    CFR Part 436, which specifies methodologies and procedures for life-
    cycle cost analyses of Federal buildings.
    
    B. Subpart B: Definitions
    
        This subpart includes definitions for all relevant words or phrases 
    that have a specific meaning within the context of the rule. In 
    accordance with the proposed rule, new definitions not in the MEC, 1992 
    have been added and unneeded definitions have been removed. For 
    example, definitions related to the radon control requirements have 
    been added and definitions related to non-residential HVAC systems and 
    components not regulated by this rule have been deleted. Appendix D in 
    the Technical Support Document identifies those definitions that have 
    been added or removed.
    
    C. Subpart C: Design Conditions
    
        This subpart gives sources for heating and cooling degree-day data, 
    establishes design conditions for the sizing of the heating, 
    ventilating, and air-conditioning system, and provides reference 
    standards for mechanical ventilation criteria. Other than identifying 
    cooling degree-days and providing more specific information on where 
    one may obtain weather data, this section is unchanged from the MEC, 
    1992.
    
    D. Subpart D: Design by Systems Analysis; Design Utilizing Renewable 
    Energy Sources
    
        This subpart contains a compliance approach that may be used as an 
    alternative to Subpart E. Subpart E contains the minimum energy-
    efficiency requirements for the thermal performance of new Federal 
    residential buildings.
        Subpart D requires that the user conduct an annual energy analysis. 
    It defines the general methodology and rules for this energy 
    comparison. A proposed building complies with this rule if its 
    calculated annual energy usage is less than or equal to the energy 
    usage of a similar building (referred to as the ``standard design'') 
    designed in accordance with Subpart E. The annual energy analysis 
    methodology is equivalent to that in Chapter 4 of MEC, 1992 but 
    provides more direction and specific detail on how the annual energy 
    analysis shall be conducted, as discussed below.
    1. Section 435.402.1: Energy Analysis
        A critical parameter for performing any comparative energy analysis 
    is defining the space heating, air conditioning, and service water 
    heating equipment and the efficiency or performance levels of that 
    equipment for the ``standard'' design.
        As in the MEC, 1992, the proposed rule would require that the 
    standard and the proposed design be compared utilizing the ``same 
    energy source(s) for the same functions.'' These energy sources are 
    determined by the Subpart E provisions governing the selection of 
    equipment. This energy consumption provision is similar to the 
    provision in
    
    [[Page 24169]]
    
    section 402.1 contained in the MEC, 1992 and 1993. The only substantive 
    difference between the proposed rule and the earlier versions of the 
    MEC that relate to this section is the application of life-cycle cost 
    requirements.
        In order to comply with Subpart D, a proposed design must be at 
    least as life-cycle cost-effective as the standard design and use no 
    more energy than the standard design. In the event that the proposed 
    design utilizes more than one energy source and increases the 
    consumption of one energy source and decreases the consumption of the 
    other energy source, then the overall energy consumption, measured at 
    the site, must be less than or equal to the standard design. Because 
    the energy sources in the standard and proposed design must be the 
    same, changes in energy consumption that affect more than one energy 
    source would be limited to variations in equipment efficiency and types 
    and building thermal envelope efficiencies.
        Because methods for consistently measuring and comparing the energy 
    performance of new technologies take time to develop, the proposed 
    design may utilize newer equipment types not covered using current 
    Department test procedures. The Department is requesting comment on 
    methods of addressing newer equipment technologies for which a 
    recognized means of evaluating and comparing energy performance have 
    not yet been fully developed.
    2. Section 435.402.1.1: Input Values/Assumptions for Group R (Single-
    Family and Multi-family Low Rise) Buildings
        This proposed rule specifies input values/assumptions for certain 
    energy-related building parameters that must be used in the whole 
    building energy analysis comparison. These values were taken from the 
    MEC, 1995. In contrast, the MEC, 1992 does not provide specification of 
    these values. For example, if the builder or designer chooses to use 
    the annual energy analysis approach, the thermostat set points that 
    must be assumed are given in Table 402.1.1-4, whereas the MEC, 1992 
    provides no information.
        The specification of input values/assumptions performs two 
    functions. First, it eliminates the time and effort that each user 
    needs to set these values/assumptions individually. Second, it 
    establishes ground rules that ensure consistency among different whole 
    building annual energy analyses and helps prevent misuse of this 
    approach.
        The Department has determined that specifying the input values/
    assumptions to annual energy analyses comparisons is technologically 
    feasible because it is consistent with current building energy usage 
    analysis practice and is the only way to verify consistency in 
    analytical results across the different analytical tools. The 
    specification of input values is also economically justified since 
    failure to specify such input values could result in the approval of 
    noncomplying or unrealistic building designs and unnecessary energy 
    cost increases. The introduction of erroneous data would add 
    unwarranted time, effort, and cost to the project.
        The Department has included many new annual energy analysis input 
    values/assumptions in the proposed rule. See the Technical Support 
    Document, section 6.8, page 6.8.
    3. Section 435.403.3: Passive Solar Design Analysis
        The MEC, 1992 and 1995 do not include direction on methodologies 
    for measuring the energy impacts of solar space conditioning. This 
    section of the proposed rule allows for the optional use of 
    ``BuilderGuide,'' a software program that calculates heating and 
    cooling loads for solar technologies. ``BuilderGuide'' was produced by 
    the Department in partnership with the Passive Solar Industries Council 
    and the National Renewable Energy Laboratory. The resulting 
    ``BuilderGuide'' package is specific to some 2400 United States 
    locations, and uses a methodology that is based on 15 years of solar 
    energy research. The Department has determined that ``BuilderGuide'' is 
    a well developed, widely distributed and recognized software program. 
    Other reliable tools for calculating energy usage of solar technologies 
    or other new energy-efficiency measures can be used. The Department 
    recognizes that designs using renewable energy sources for space 
    conditioning or water heating may be economically justified. The 
    Department is promoting ways to further stimulate the use of renewable 
    sources of energy. The Department welcomes additional suggestions on 
    approaches for crediting measures that use renewable sources of energy.
    
    E. Subpart E: Design by Component Performance Approach
    
        Sections 435.501-505 contain the minimum energy-efficiency 
    requirements for the thermal performance of building envelope 
    components, building mechanical systems and equipment, service water 
    heating, and electrical power and lighting. Compliance with the 
    requirements of Subpart E is required unless the optional compliance 
    approach prescribed in Subpart D is used.
        The building envelope requirements apply to the building components 
    enclosing conditioned space, including: roof/ceilings, above grade 
    walls, slab-on-grade floors, floors over unconditioned spaces, basement 
    walls, crawl space walls, doors, windows, and skylights. The proposed 
    rule also contains requirements limiting air infiltration through the 
    building envelope.
        The mechanical systems and equipment performance requirements set 
    heating and cooling equipment load capacity (sizing) limits, 
    temperature and humidity control requirements, distribution system 
    construction and insulation requirements, and backdrafting testing 
    requirements. The requirements relating to electrical power and 
    lighting systems apply only to multi-family residences. The mechanical 
    equipment section does not require mechanical equipment efficiencies 
    that exceed current Federal minimum standards.
        Sections 435.501-505 of the proposed rule in Subpart E revise and 
    update the requirements contained in Chapter 5 of the MEC, 1992. 
    Subpart E contains two separate building envelope compliance 
    approaches. The two approaches are: (1) The individual component 
    performance approach and, (2) the whole building performance approach. 
    The individual component performance approach (section 435.502.2.1) 
    gives maximum U02 requirements for the floor over 
    unheated spaces, wall, and roof/ceiling. The different elements of the 
    wall (insulation, windows, doors, opaque wall), the floor (insulation, 
    type of floor), or the roof/ceiling (insulation, skylights, type of 
    ceiling) may be varied to achieve the U0. The whole building 
    performance approach (section 435.502.2.2) defines the maximum 
    U0 requirement for the entire building. The user can then 
    tradeoff among the requirements for the walls, floors, and roof/
    ceilings as long as the maximum U0 for the entire building 
    is not exceeded.
    ---------------------------------------------------------------------------
    
        \2\U0 = the area-weighted average thermal 
    transmittance of an 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).
    ---------------------------------------------------------------------------
    
    1. Major Revisions From the Model Energy Code, 1992 That Are Contained 
    in Subpart E of the Proposed Rule
        The major substantive changes from the MEC, 1992 as found in 
    Subpart E are described below.
        a. Section 435.502: Building thermal envelope requirements. The 
    tables
    
    [[Page 24170]]
    
    found in proposed section 435.502, and Figures 1 through 6 in the 
    Appendix contain the building thermal envelope requirements. These 
    requirements are significantly changed from the MEC, 1992 and generally 
    are more stringent than the MEC, 1992, except for the requirements for 
    crawl space walls which are essentially the same as those in the MEC, 
    1992. The requirements that are more stringent than the MEC, 1992 
    consist of maximum U0-values for above-grade walls including 
    windows and doors, roof/ceilings, floors over unheated spaces, basement 
    walls, and minimum R-values for slab-on-grade perimeters. When 
    describing the thermal performance of a building component, consider 
    that the lower a U0-value, the more energy-efficient the 
    component and the higher a R-value, the more energy-efficient the 
    component.
        The Department conducted a life-cycle cost economic analysis, as 
    specified at 10 CFR Part 436, to analyze these thermal envelope 
    requirements so as to minimize life-cycle costs to the Federal 
    government. The assessment was conducted using the ARES computer 
    software analyzing information such as the average Federal cost of 
    energy, expected energy price increases, and typical costs for 
    installation and maintenance of proposed measures. The economic 
    analysis considered construction-related costs and space heating and 
    cooling energy costs for 881 cities and eight types of common heating 
    fuel/equipment types. See the Technical Support Document (chapters 2 
    thru 5) for a detailed description of the analysis to establish the 
    building thermal envelope requirements.
        b. Section 435.502.2.1.1.2: Metal framing. The proposed rule 
    includes a detailed new table (Appendix Table 502.2.1.1.2) to provide 
    users with the correction factors for the thermal-performance values of 
    wall assemblies framed with metal studs. Table 502.2.1.1.2 does not 
    appear in the MEC, 1992 but is in the MEC, 1995 and Standard 90.2-1993. 
    This table provides a standardized treatment of heat loss through walls 
    framed with metal studs. The thermal performance requirements of such 
    walls are the same as those for wood-framed walls. Metal framing is 
    technologically feasible. Metal wall assemblies have become more 
    popular over the last several years due in part to the price increase 
    of wood. Metal framing is not required by the rule and need not be 
    specified where not cost-effective or otherwise not preferred.
        c. Section 435.502.2.1.5: Crawl space walls. Section 435.502.2.1.5 
    of the proposed rule requires floors above crawl spaces vented to 
    outdoors to be insulated. This requirement is contained in the MEC, 
    1995, but is not in the MEC, 1992. In the MEC, 1992 insulating the 
    crawl space wall was not dependent on whether the crawl space was 
    ventilated. Wall insulation for vented crawl spaces is ineffective 
    because outside air will enter the crawl space through the vents. 
    Increased energy usage results from the uninsulated heat transfer path 
    through the floor above. Crawl space wall insulation in the proposed 
    rule is an option only if the crawl space is not vented. The Department 
    has determined that the insulation of floors over vented crawl spaces 
    is technologically feasible since it is part of current standard 
    building construction practice.
        Further, the requirement is economically justified. See the 
    Technical Support Document, section 6.3, page 6.2.
        d. Section 435.502.3.3: Recessed lighting fixtures. Recessed 
    lighting fixtures, when installed in the building envelope, must be 
    properly sealed to prevent unwanted ceiling air leakage. The 
    requirement is contained in the MEC, 1995. Without this requirement, 
    recessed lighting fixtures can be a significant source of energy loss 
    due to air leakage into the attic space. The MEC, 1992 has no 
    requirements relating specifically to recessed lighting fixtures.
        The Department has determined that the insulation and sealing of 
    recessed lighting fixtures are technologically feasible. These 
    practices are used in current building construction practice. The 
    requirement is economically justified because the incremental cost for 
    installing well-sealed recessed light fixtures is less than the cost of 
    the energy that would otherwise be lost over the 25-year analysis 
    period. See the Technical Support Document, section 6.6, page 6.5.
        e. Section 435.503.2: Mechanical equipment efficiency. Section 
    435.503.2 addresses the selection of heating and cooling equipment with 
    attention to the use of life-cycle cost principles. The primary 
    difference between the MEC, 1992 and the proposed rule regarding this 
    section is that the proposed rule includes provisions addressing the 
    life-cycle cost of the installed equipment. The MEC, 1992 has no 
    requirements concerning life-cycle cost principles. In the proposed 
    rule when selecting among equipment options that are minimally 
    compliant with Federal performance standards, that option with the 
    lowest life-cycle cost is to be selected. The proposed rule allows for 
    the selection of equipment that exceeds Federal minimum efficiency 
    standards under Subpart E providing the equipment is at least as life-
    cycle cost effective as equipment that is minimally compliant with 
    Federal standards. Agencies are encouraged through the Procurement 
    Challenge program and other Federal initiatives to consider more 
    energy-efficient equipment.
        Given the large range of heating and cooling equipment types and 
    efficiencies available, this section provides a simplified method for 
    incorporating life-cycle cost principles into equipment selection. Two 
    options are provided for: the first option requires Federal agencies to 
    select the most cost-effective equipment that is minimally compliant 
    with Federal standards. For central heating and cooling equipment 
    systems for multi family dwellings that service multiple rather than 
    individual dwelling units, minimum equipment efficiencies found in the 
    codified version of ASHRAE Standard 90.1-1989 are used. This approach 
    is consistent with the overall rule, which sets building envelope 
    efficiency requirements at a level that is cost-effective on average 
    when equipment at minimum Federal efficiency levels is used. The second 
    option allows for the use of any other equipment available, provided 
    that it is at least as cost-effective as the heating and cooling 
    equipment identified under the first option. This second option allows 
    for the use of more efficient versions of equipment that are subject to 
    minimum Federal standards and would allow use of equipment, such as 
    natural gas heat pumps or ground source heat pumps, that are not 
    covered by the Federal standards.
        It is anticipated that for most buildings, an informal comparison 
    of local costs and fuel availability will identify a few systems as the 
    most likely to be the most cost-effective; these systems can then be 
    compared in more detail to identify the system that has the lowest 
    life-cycle cost under the first option. If any other equipment is 
    preferred, a single additional calculation will establish whether it is 
    more cost-effective than the system identified in the first option.
        f. Section 435.503.3.1.1: Heating and cooling equipment capacity. 
    The Department has included limits on equipment capacities in section 
    435.503.3.1.1 of the proposed rule. These requirements are taken from 
    the codified version of Standard 90.2-1993. The MEC, 1992 has no 
    requirements relating to the sizing of heating and cooling equipment. 
    Oversizing of heating and cooling equipment results in increased energy 
    usage since the equipment cycles on and off more frequently and, 
    therefore, runs at a
    
    [[Page 24171]]
    
    lower average efficiency than properly sized equipment. Furthermore, 
    oversized cooling equipment is less able to remove moisture from the 
    air and, therefore, is less able to control humidity. Also, oversized 
    heating, ventilating, and air-conditioning equipment also generally 
    costs more to purchase than properly sized equipment. The Department 
    believes that the requirement is technologically feasible and 
    economically justified based on the discussion above. See the Technical 
    Support Document, section 6.2, page 6.2. However, in very well 
    insulated homes, equipment sizing could be such that the smallest 
    available size of intended equipment might not meet the proposed sizing 
    requirement. The Department would appreciate comments on what designers 
    should do if unable to obtain equipment within the equipment capacity 
    requirements.
        g. Section 435.503.5.7.2: Duct sealing. The proposed rule would 
    contain duct sealing requirements that are more stringent than those in 
    the MEC, 1992. A requirement that all low-pressure air ducts be sealed 
    with mastic with fibrous backing tape was added as section 
    435.503.5.7.2 of the proposed rule. This requirement is also in the 
    MEC, 1995.
        Leaking supply and return ducts decrease heating and cooling 
    equipment efficiency and increase energy usage while not meeting 
    resident comfort requirements. Many studies of actual houses have 
    revealed leaky ducts to be a major source of energy loss. One study 
    showed leaks of 15 percent can reduce air conditioner efficiency by 
    33--50 percent. See the Technical Support Document, section 6.4, page 
    6.4. To address these problems, the proposed rule requires all low-
    pressure supply and return ducts outside the conditioned space to be 
    sealed with mastic with fibrous backing tape. In contrast, the MEC, 
    1992 requires only that the supply ducts are sealed and allows any type 
    of tape.
        Current construction practice allows the use of duct tape to 
    ``seal'' cracks and crevices in supply and return air ducts. Duct tape 
    however, is not a sealant. A clean surface and a tight fit are required 
    to produce a ``seal'' at installation and neither of these conditions 
    is routinely met. If a ``seal'' is obtained at installation, however, 
    the tape degrades over time as a result of deterioration of the glue. 
    Properly installed duct tape ``seals'' often will leak within a year or 
    two. Repairing leaking ducts after construction can be costly or 
    impractical because ducts are often in inaccessible locations or they 
    are wrapped with insulation that must be removed and replaced.
        Mastic is a permanent sealant. It does not degrade over time, and 
    is expected to last for the life of the home. Installation is 
    uncomplicated, with several methods of application from which to 
    choose. Mastic has excellent adhesive and cohesive properties, even on 
    typically dirty or oily surfaces found at the construction site. The 
    cost of sealing ducts in existing housing is estimated to range from 
    $50 to $300 when the installer has unrestricted access to the ducts 
    without making it necessary to remove the finished material that may 
    cover the ducts. The cost will clearly be lower during construction in 
    new housing. This requirement is technologically feasible because 
    mastic and tape sealing are found in current building construction 
    practice. The requirement is economically justified because the cost of 
    the energy saved over the 25-year analysis period would exceed the cost 
    of the additional labor and materials that would be used to comply with 
    this section. See the Technical Support Document, section 6.4, page 
    6.4.
        h. Section 435.503.5.9.1: Backdrafting test. The Department has 
    included requirements relating to the prevention of backdrafting of 
    fossil-fuel-burning appliances in the proposed rule. The MEC, 1992 has 
    no requirements relating to this potential health hazard. Chimney 
    backdrafting in fossil-fuel-burning appliances such as oil or gas-fired 
    water heaters, gas-fired clothes driers, fireplaces, or wood stoves is 
    a potential threat to occupant health in residential buildings. Chimney 
    backdrafting can occur when exhaust gases are drawn into a building 
    through the chimney or vent because air pressure is lower inside the 
    building than outside. Chimney backdrafting can cause serious health 
    problems and even death can occur from exhaust gases containing or 
    leading to the formation of carbon monoxide. Infants are particularly 
    at risk because their respiratory systems are not fully developed, and 
    they are susceptible to health effects at lower concentrations than are 
    safe for most healthy adults. Sulfur dioxide and carbon dioxide also 
    circulates in occupant breathing spaces as a result of backdrafting. 
    These gases can cause long-term health effects such as chronic 
    respiratory illness, or short-term health effects such as discomfort, 
    shortness of breath, and respiratory irritation.
        The Department has determined that tests for potential backdraft 
    problems should be performed in all homes with fossil-fuel-burning 
    appliances that do not obtain exhaust combustion air directly from the 
    outside. These tests shall be performed because the potential for 
    chimney or venting failure exists in all homes and especially in all 
    well sealed, poorly ventilated homes with combustion equipment. Tight 
    building envelopes can cause stack-effect-induced depressurization and 
    powered exhaust fans can exacerbate the problem.
        The test specified in the proposed rule is taken from the Canadian 
    spillage test developed by the Canadian General Standards Board. The 
    test measures the inside/outside pressure differential across a 
    building shell with a micromanometer under best-case and worst-case 
    scenarios. The test then compares the measurements to depressurization 
    limits for combustion appliances in the house. When depressurization 
    measurements exceed limits, remedial action is required before the 
    house can pass the spillage test and comply with the rule. The 
    Department has reviewed the Canadian spillage test and determined that 
    it is technologically feasible and has included it in the proposed 
    rule. See Technical Support Document, section 8.0, page 8.1.
        The cost to perform a backdrafting test is estimated to be between 
    $50 and $100, depending on factors such as: the complexity of the 
    house, the number of houses in a given area to be tested, and local 
    weather conditions. This cost range does not include remedial measures. 
    The Department has determined that there is a potential risk of 
    backdrafting which justifies the inclusion of this requirement which is 
    consistent with health and safety needs. See the Technical Support 
    Document, section 8.0 for more information. The Department requests the 
    public to comment on whether carbon monoxide alarms should be required 
    in Federal residences.
        i. Section 435.504.2: Service water heating equipment. Section 
    435.504.2 addresses the selection of service water heating equipment 
    with the application of life-cycle cost requirements. As with space 
    heating and cooling equipment, Federal agencies may either (1) select 
    the most cost-effective domestic water heating equipment that minimally 
    complies with Federal standards or (2) select any other equipment that 
    is at least as life-cycle cost-effective. More efficient equipment may 
    be selected under Subpart E. Agencies are encouraged through the 
    Procurement Challenge program and other Federal initiatives to consider 
    more energy-efficient equipment.
        j. Section 435.504.4: Heat traps. Heat traps are one-way valves or 
    pipe configurations that prevent thermal diffusion or thermal siphoning 
    of
    
    [[Page 24172]]
    
    potable water from the hot water heater in the house through the water 
    distribution system, thus needlessly dissipating heat. Section 
    435.504.4 of the proposed rule requires that water heaters with 
    vertical pipe risers have heat traps. This requirement is not in the 
    MEC, 1992 and was taken from the codified version of Standard 90.2-
    1993. Heat traps are also technologically feasible because they are 
    part of current water heater manufacturing practice. The use of heat 
    traps is a low-cost method of reducing water heating energy use already 
    installed on many commercially available water heaters. Therefore, heat 
    traps are economically justified because the net annual savings over 
    the lifetime of the water heater exceeds the initial first cost of the 
    additional hardware. See the Technical Support Document, section 6.5, 
    page 6.5.
    2. Miscellaneous Revisions That Are Contained in Subpart E of the 
    Proposed Rule, Not in the MEC, 1992
        The proposed rule includes the following additional requirements 
    that are not part of the MEC, 1992. Section 435.502.1.4 contains a 
    clarification to the MEC, 1992 in that access openings, which are 
    considered part of the thermal envelope element, must be evaluated as 
    part of the overall building thermal envelope element (e.g., floors, 
    walls, roof/ceiling, etc.,). The Department believes this is 
    technologically feasible because access openings are commonly insulated 
    in colder climates and are economically justified because it imposes no 
    additional cost to the building. See the Technical Support Document, 
    section 6.9, page 6.10.
        Section 435.502.1.5 contains a requirement for the insulation of 
    foundations supporting masonry veneer. The Department has determined 
    that the requirement is technologically feasible because it reflects 
    current building construction practice. Although some energy would be 
    lost, the energy loss would be small and economically justified when 
    weighed against the costs that would be incurred by damage to the 
    masonry veneer. Damage can occur due to settling of the masonry as the 
    insulation is compressed. The technical justification for this 
    requirement may be found in the Technical Support Document, section 
    6.10, page 6.10.
        Section 435.502.2.1.3 contains an equation to calculate the total 
    floor heat loss of the proposed building. The equation requires that 
    all floors of different construction (in aggregate) must meet the 
    U0 requirements for floors over unheated spaces. The 
    Department has determined that the requirement is technologically 
    feasible. The technical justification for this requirement may be found 
    in the Technical Support Document, section 6.11, page 6.10. The 
    equation is economically justified because the use of the equation to 
    determine the U-value requirement for floors over unheated spaces is 
    cost-effective. Variations in floor configurations are not required by 
    this proposed rule.
        Section 435.502.2.1.4 contains a clarification of acceptable slab 
    insulation placement which reflects current building construction 
    practice. The Department has determined that the requirement is 
    technologically feasible because it reflects current standard building 
    construction practice. The technical justification for this requirement 
    may be found in the Technical Support Document, section 6.11, page 
    6.11. The clarification is economically justified because it imposes no 
    additional slab insulation requirements. There is a potential for 
    installation cost savings due to the flexibility offered by the 
    proposed requirement.
        Section 435.502.3.2 simplifies language on caulking and sealing 
    requirements for typical air sealing measures. The Department has 
    determined that the requirement is technologically feasible because the 
    simplified language generally reflects the requirements contained in 
    the MEC, 1992. The technical justification for this requirement may be 
    found in the Technical Support Document, section 6.13, page 6.12. The 
    simplified language is economically justified because it imposes no 
    additional costs to the construction of the building.
        Section 435.502.3.1 refers to updated reference standards for 
    allowable infiltration rates for windows and doors. This section 
    reflects current manufacturing standards for air-tightness of pre-
    fabricated windows and doors. The Department has determined that the 
    requirement is technologically feasible because current manufactured 
    windows and doors are built to the updated referenced standards. The 
    updated reference standards are economically justified because the 
    proposed rule imposes no additional cost or requirements on 
    manufacturing quality or performance. The technical justification for 
    this requirement may be found in the Technical Support Document, 
    section 6.15, page 6.14.
    
    F. Subpart F: [ Reserved ]
    
        Subpart F is reserved for a simplified compliance approach the 
    Department is developing. This approach will make it easier to 
    determine compliance with this rule. This revised simplified compliance 
    approach would be different from that contained in the MEC, 1992, 1993, 
    and 1995. This approach is expected to be similar to the Department's 
    ``MECcheck'' tables which display pre-calculated configurations in 
    compliance with the MEC, 1992, 1993 or 1995. The Department is planning 
    to produce a ``Federal'' version of MECcheck.
    
    G. Subpart G: Radon Control
    
        Subpart G provides the minimum requirements for the control of 
    radon from the ground and from construction materials associated with 
    Federal residential buildings. The application of requirements for 
    radon control apply in addition to the provisions of Subpart D or E.
        The ECPA, as amended, directs that the Federal residential building 
    energy standard ``consider, in consultation with the Environmental 
    Protection Agency and other Federal agencies, and where appropriate 
    contain, measures with regard to radon and other indoor air 
    pollutants.'' 42 U.S.C. 6834(a)(2)(C). The intent is for the Department 
    to address health concerns related to air quality in Federal buildings.
        The Department has determined that radon is a potential health 
    hazard in residential buildings and that the proposed rule should 
    address radon testing and mitigation requirements. Radon is a gas that 
    exists naturally in many soils and enters a building through the 
    foundation. Radon concentrations in soil vary widely across the United 
    States and even within a small region, such as a county. If high 
    concentrations of radon are present in the soil below a building, then 
    measures to control radon are needed. Approximately 6 percent of 
    existing single-family homes in the United States or 5.8 million homes 
    in 1990 have average radon levels greater than 4 pCi/L per year, the 
    threshold level determined by the EPA to require corrective action. 
    Approximately 0.7 percent of existing single-family homes in the 
    country have average radon levels greater than 10 pCi/L per year. The 
    EPA estimates that indoor radon causes between 7,000 and 30,000 lung 
    cancer deaths per year. This range is based on the uncertainty inherent 
    in the many factors contributing to the risk of radon exposure and on a 
    national residential radon survey estimate of an average level of 1.25 
    pCi/L per year. The EPA's best estimate is that 14,000 lung cancer 
    deaths per year result from residential radon exposure.
    
    [[Page 24173]]
    
        In this proposed rule the Department would be accepting EPA's 
    determination that radon-resistance control measures should only be 
    required in zones (counties) of high radon potential. Such zones are 
    defined by the EPA ``U.S. Map of Radon Zones'' or local data if 
    available. The proposed rule specifies the EPA ``U.S. Map of Radon 
    Zones'' as the default source designating counties where the proposed 
    requirements apply. Table 702.2 in the Appendix of the proposed rule 
    lists the applicable counties. The EPA ``U.S. Map of Radon Zones'' is 
    not always sufficient to predict radon concentrations accurately. There 
    may be instances where specific locations will be assigned to an 
    inappropriate radon potential zone in the EPA ``U.S. Map of Radon 
    Zones''. To accommodate for such inaccuracies, the proposed rule allows 
    considering appropriate evidence and ``overruling'' the EPA ``U.S. Map 
    of Radon Zones.''
        Consideration of non-EPA data is justifiable given that studies on 
    radon concentrations in many Federal installations are already 
    available or are underway.
        The proposed rule uses the following approach for addressing radon 
    when radon-resistant construction is necessary:
        (1) Foundation sealing with passive (non-mechanical) venting of 
    soil gas to the outside;
        (2) Long-term and short-term post-occupancy radon testing to verify 
    occupant safety;
        (3) Mitigation, if the tests reveal high radon concentrations; and
        (4) Post-mitigation testing for radon and potential backdrafting to 
    ensure safety.
        Each of these four approaches is described in further detail below. 
    The proposed radon requirements are technologically feasible because 
    the techniques used are part of current standard building construction 
    practice in many areas of the U.S. and are consistent with the EPA 
    Model Standards and Techniques for Control of Radon in New Residential 
    Buildings (EPA 402-R-94-009, March 1994). The Department is accepting 
    EPA's analysis of the costs and benefits of radon control. See RS-34, 
    pages ES-1-ES-4. The Technical Support Document (Chapter 7.0) provides 
    construction specifications and technical justifications for the 
    proposed rule. The proper initial abatement approach in areas of 
    potentially high radon concentrations is to seal potential sources of 
    air leakage in the foundation and vent the soil gas below the 
    foundation. Such venting uses a pipe that extends from the foundation, 
    through the house, and out the roof. This approach is consistent with 
    the approach in the EPA Radon Mitigation Standards (EPA 402-R-93-078, 
    October 1993). It cannot be conclusively determined before construction 
    that a radon source exists that is strong enough to raise indoor 
    concentrations above the EPA action level. Therefore, it would be 
    fiscally imprudent initially to require measures beyond foundation 
    sealing and the ``passive'' vent pipe. If elevated radon levels are 
    found after construction and these initial measures were not installed, 
    the cost of the retrofit would be much higher than the cost during 
    initial construction.
        The radon concentration within a residence can only be determined 
    after the residence is built and occupied. This is due to the 
    interaction of radon sources with construction characteristics of the 
    house and the indoor pressure-driven air flow that is influenced by 
    heating, ventilating and air-conditioning equipment under occupant 
    control. Because short-term tests are not adequate to obtain annual 
    average radon concentrations, the proposed rule requires long-term 
    post-occupancy testing of residences built in specified locations. The 
    long-term test requires between 6 months and 1 year and is the most 
    accurate measure of chronic radon levels an occupant will encounter. A 
    short-term test which lasts between seven and 60 days, is also proposed 
    to ensure that occupants are not exposed to radon levels in excess of 
    20 pCi/L while the long-term test is in progress. Testing procedures 
    and devices must conform to the EPA Protocols for Radon and Radon Decay 
    Measurements in Homes (EPA 402-R-93-003, June 1993).
        Testing may show that sealing the foundation and installing the 
    passive vent are not sufficient to control the radon level. In such 
    cases, the proposed rule requires that a fan be installed and operated 
    in the foundation vent system to lower radon concentrations. Vent fans 
    must be activated when the long-term test reveals radon concentrations 
    greater than the EPA action level of 4 pCi/L or if the first short-term 
    test and a second short-term confirmatory test reveals radon levels in 
    excess of 20 pCi/L. The EPA Radon Mitigation Standards offer guidance 
    on installing the fan.
        Follow-up tests are required to ensure that the vent fan is 
    successful at lowering indoor radon levels. Additionally, because the 
    foundation vent fan may under certain circumstances cause fossil-fuel-
    burning appliances to tend to backdraft, both the proposed rule and the 
    EPA Radon Mitigation Standards require testing for backdrafting of 
    chimney and combustion vents. Section 435.503.5.9.1 of the proposed 
    rule, referenced in Subpart G, specifies the test procedure to be used 
    to check for potential backdrafting.
        The Department departs from the EPA ``Radon Mitigation Standards'' 
    in several respects. First, the proposed rule allows data on radon 
    concentrations at Federal facilities to take precedence over the EPA 
    ``U.S. Map of Radon Zones'' for determining whether radon-resistant 
    construction is required. Second, if the housing is located in a high 
    radon zone, the proposed rule requires testing and, if necessary, 
    mitigation and further post mitigation testing. Third, many sections of 
    the EPA Radon Mitigation Standards that are unenforceable, including 
    discussions, explanations, or recommendations, have been deleted. 
    Fourth, the Department provides more detail in some construction 
    specifications so that the required measures can be more easily 
    verified. Fifth, the Department did not explicitly include the EPA 
    requirements for sealing the above-grade structure to help limit air 
    infiltration through the foundation. This was because similar 
    requirements are already included in section 435.502.3 of the proposed 
    rule.
        The Department has thus followed the general approach outlined in 
    the EPA Radon Mitigation Standards. Radon-resistant construction is 
    only required in locations with high radon potential and a phased 
    approach to control is specified. Control should be based on a sealed 
    foundation, passive venting of soil gas and radon testing after 
    occupancy. Only if necessary should a fan be added to the vent system. 
    The Department consulted and provided to the EPA draft copies of the 
    proposed rule (including radon requirements) and the Environmental 
    Assessment supporting the proposed rule. The EPA has provided extensive 
    comments on the requirements for radon in the proposed rule and the 
    Department has incorporated many of those comments in Subpart G.
    
    H. Subpart H: Standards
    
        This section provides a list of all the standards referenced in the 
    proposed rule. This section has been updated from the MEC, 1992 because 
    some requirements contained in this proposed rule are not contained in 
    the MEC, 1992 reference standards. Also, some referenced standards have 
    been updated to newer versions since 1992.
    
    [[Page 24174]]
    
    IV. Consultation
    
        In developing today's proposal, the Department has consulted with 
    outside parties, including state and local code officials, private 
    sector representatives, and other Federal agencies, as required by 
    section 305(a)(1) of ECPA.
        In addition, the Department continues to work with the relevant 
    private sector organizations and the states to analyze potential 
    improvements to the MEC and to facilitate the adoption of such 
    improvements in both the public and private sectors. Adoption of the 
    MEC format in today's proposal provides a ready basis for the 
    incorporation of future code improvements as they are developed and 
    approved through the standard process for model code change proposals.
        Finally, the Department will specifically provide Federal agencies 
    with information regarding the availability of energy-efficiency 
    equipment and emerging developments that improve building envelopes. 
    This support will help keep Federal agencies current regarding energy-
    efficiency opportunities between the updates of this rule.
    
    V. Energy and Economic Impacts
    
        Section 305(a)(2)(A) of ECPA requires that the proposed rule meet 
    or exceed the MEC, 1992. The proposed rule is based on the MEC, 1992, 
    with the additions described in Section III above. Overall, the 
    proposed rule, if adopted would reduce energy use by approximately 11 
    percent for single-family residences and 26 percent for multi-family 
    residences, as compared to the MEC, 1992.
        The energy estimates reported here are based on the minimum 
    specifications required in Subpart E of the proposed rule. Additional 
    cost-effective energy-efficiency improvements in new Federal 
    residential buildings are facilitated by this rule through Subpart D, 
    which provides a means of documenting the energy savings and cost-
    effectiveness of more energy-efficient building designs.
        The Department has prepared a Technical Support Document that 
    includes an economic analysis. It concludes that there are no 
    significant adverse economic effects from adopting the proposed rule. 
    The proposed rule, when compared to the MEC, 1992, will result in a 
    positive net flow of benefits from energy savings that more than 
    offsets higher capital construction and other costs at estimated 
    Federal costs of energy.
        The national net effect of the proposed rule is a cumulative 
    savings of $870,000 for the approximately 3,000 Federal housing units 
    constructed each year. These net effects are based on the net present 
    value of energy savings and capital costs over a 25-year period. See 
    the Economic Analysis at page 6.
    
    VI. Technological Feasibility and Economic Justification
    
        The standards proposed today are technologically feasible and 
    economically justified to the Federal government as required by Section 
    305(a)(1) of ECPA.
        The Department used the life-cycle cost methodology reflected in 
    the microcomputer program entitled ``ARES'' for evaluating the life-
    cycle cost-effectiveness of various thermal envelope EEMs. Only those 
    EEMs the Department judged technologically feasible were reviewed.
        The life-cycle cost analysis compares the cost and benefits of all 
    the EEMs. The HVAC equipment performance efficiencies are specified at 
    current minimum EPCA levels. See 10 CFR Part 430. These are the same 
    levels found in the MEC, 1993. Given a set of fuel prices, financial 
    and economic parameters, and EEM costs for a specific location, ARES 
    identifies the life-cycle cost resulting from any given set of EEMs. 
    Energy costs and discount rates reflect estimated Federal costs of 
    energy and the Federal discount rate established annually by the 
    Federal Energy Management Program for the life-cycle cost analysis 
    required by 10 CFR Part 436. The present value of the total costs for 
    several EEMs are compared, and the results are used to set the code to 
    energy-efficiency measure levels that achieve the lowest energy-related 
    total cost for construction, operation and maintenance for each 
    location studied. The resulting thermal-envelope-component values are 
    presented as a function of heating degree-days.
        The technical feasibility of the EEMs contained in the ARES energy 
    data base was assessed by determining that they were technologically 
    verifiable, commercially available, and in common construction 
    practice. Construction features that cannot be analyzed by ARES because 
    the technical or economic data has not been well established, or 
    features that have small additional costs but significant potential for 
    energy savings, have been analyzed by practicable architectural, 
    engineering, or economic judgment.
    
    VII. Measures Concerning Radon and Other Indoor Air Pollutants
    
        Section 305(a)(2)(C) of the ECPA requires the Department to 
    consider, where appropriate, measures with regard to radon and other 
    indoor air pollutants. The Department has proposed a set of radon 
    requirements concerning the control and mitigation of radon in Federal 
    residences. These requirements draw heavily from the EPA Radon 
    Mitigation Standards, EPA 402-R-93-078, April 1994. As part of these 
    proposed requirements, post-occupancy testing is proposed for locations 
    with high radon potential to discover whether radon concentrations 
    within the residences are acceptable. The proposed Federal rule also 
    includes requirements for addressing the potential for backdrafting of 
    combustion by-products, such as carbon monoxide, from fossil-fuel-
    burning appliances.
    
    VIII. Findings and Certification
    
    A. Review Under the National Environmental Policy Act
    
        The Department has completed an Environmental Assessment (EA), see 
    Environmental Assessment of the Impacts on Building Habitability and 
    the Outdoor Environment Resulting from the Proposed Federal Residential 
    Code, in support of the proposed rule, pursuant to the implementing 
    regulations of the Council on Environmental Quality (CEQ) (40 CFR Parts 
    1500-1508), the ``National Environmental Policy Act of 1969, as 
    amended,'' (NEPA) (40 U.S.C. 4221 et seq.), the Department's NEPA 
    Implementing Procedures, (10 CFR Part 1021), and the Secretarial Policy 
    on the National Environmental Policy Act (June 1994). Section V.B.2. of 
    the Secretarial Policy requires, wherever possible, that the Department 
    provide an opportunity for interested parties to review environmental 
    assessments prior to the Department's formal approval of such 
    assessments. The written public comment procedures for this EA are 
    discussed below in section IX.
        The draft EA addresses the possible incremental environmental and 
    indoor habitability effects attributable to the application of the 
    proposed rule. The analysis in the draft EA demonstrates that the 
    potential environmental effects from the proposed rule would be 
    limited. The only impacts would be a decrease in outdoor air pollutants 
    resulting from decreased fossil fuel burning and temporary increases in 
    formaldehyde concentrations in the Federal residences.
    
    B. Environmental Protection Agency Review
    
        As required by the Federal Energy Administration Act of 1974, 15 
    U.S.C. 766(a)(1), a copy of this proposed rule
    
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    was submitted to the Administrator of the Environmental Protection 
    Agency for comments on the impact of the proposed rule on the quality 
    of the environment.
    
    C. Regulatory Planning and Review
    
        This regulatory action has been determined to be a significant 
    regulatory action under Executive Order No. 12866, 58 FR 51735 (October 
    4, 1993), but not economically significant. Accordingly, today's action 
    was subject to review under the Executive Order by the Office of 
    Information and Regulatory Affairs (OIRA) and OIRA has completed its 
    review.
    
    D. Federalism Review
    
        Executive Order 12612, 52 FR 41685 (October 30, 1987), requires 
    that regulations, rules, legislation, and any other policy actions be 
    reviewed for any substantial direct effects on states, on the 
    relationship between the Federal government and the states, or in the 
    distribution of power and responsibilities among various levels of 
    government. If there are substantial effects, then the Executive Order 
    requires preparation of a federalism assessment to be used in all 
    decisions involved in promulgating and implementing a policy action.
        The proposed rule would establish energy-efficiency requirements 
    solely applicable to new Federal residential buildings. It does not 
    impose any requirements on state governments. Therefore, the Department 
    finds that today's proposed rule, if finalized, will not have a 
    substantial direct effect on state governments, therefore, a federalism 
    assessment has not been prepared.
    
    E. Review Under the Executive Order on Metric Usage in Federal 
    Government Programs
    
        Section 5164(b) of the Omnibus Trade and Competitiveness Act of 
    1988, 15 U.S.C. 205b, which amended the Metric Conversion Act of 1975, 
    designates the metric system of measurement as the preferred system of 
    weights and measures for trade and commerce. This law requires Federal 
    agencies by the end of fiscal year 1992 and to the extent economically 
    feasible, to use the metric system in U. S. procurements, grants, and 
    other business-related activities, except to the extent that such use 
    is impractical or likely to cause significant inefficiences or loss of 
    markets to U.S. firms. The Omnibus Trade and Competitiveness Act of 
    1988 also requires Federal agencies to establish guidelines and to 
    report as part of its annual budget submission on the actions it plans 
    in order to implement fully the metric system of measurement. This 
    policy is also stated and amplified by Executive Order 12770 of July 
    25, 1991, ``Metric Usage in Federal Government Programs.''
        This rule is the first use of a dual metric/English (soft metric 
    conversion) system of measurement in a Federal building energy 
    regulation. The metric system of measurement is followed by the English 
    system in parentheses. In using this dual system, the Department is 
    facilitating the goal of 15 U.S.C. 205b to promote competitiveness by 
    relating Federal energy standards to the international measurements 
    that United States companies must use to meet world demand for building 
    components. The rule retains reference to English system measurements 
    for those companies that do not have the ability to readily translate 
    between metric and English units. The use of this dual system of 
    measurement does not change the requirements of the proposed rule and 
    has no substantive impact on the users of the proposed rule.
    
    F. Review Under Executive Order on Civil Justice Reform
    
        Section 3 of Executive Order 12988, 61 FR 4729 (February 7, 1996), 
    instructs each agency to adhere to certain requirements in promulgating 
    new regulations. These requirements, set forth in Section 3(a) and (b), 
    include eliminating drafting errors and needless ambiguity, drafting 
    the regulations to minimize litigation, providing clear and certain 
    legal standards for affected legal conduct, and promoting 
    simplification and burden reduction. Agencies are also instructed to 
    make every reasonable effort to ensure that the regulation describes 
    any administrative proceeding to be available prior to the judicial 
    review and any provisions for the exhaustion of administrative 
    remedies. The Department has determined that today's regulatory action 
    meets the requirements of section 3(a) and (b) of Executive Order 
    12988.
    
    G. Review Under the Regulatory Flexibility Act
    
        The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, requires 
    that an agency prepare an initial regulatory flexibility analysis and 
    that it be published at the time of publication of general notice of 
    proposed rulemaking for the rule. This requirement does not apply if 
    the agency ``certifies that the rule will not, if promulgated, have a 
    significant economic impact on a substantial number of small 
    entities.'' 5 U.S.C. 605.
        The proposed rule only imposes requirements on the Federal 
    government for the construction of new Federal residential buildings. 
    Therefore, the Department certifies that this rule, if promulgated, 
    would not have a significant economic impact on a substantial number of 
    small entities.
    
    H. Paperwork Reduction Act Review
    
        This proposed rule was examined with respect to the Paperwork 
    Reduction Act, 44 U.S.C. 3501 et seq., which directs agencies to 
    minimize Federal information collection and reporting burdens imposed 
    on individuals, small businesses, and state and local governments.
        This proposed rule would establish requirements for the design of 
    new Federal residential buildings. It does not impose requirements for 
    the collection or reporting of information to the Federal Government. 
    Accordingly, clearance under the Paperwork Reduction Act of 1980 is not 
    required by the Office of Information and Regulatory Affairs of the 
    Office of Management and Budget.
    
    I. Review Under Section 32 of the Federal Energy Administration 
    Authorization Act
    
        Pursuant to Section 301 of the Department of Energy Organization 
    Act (Pub. L. 95-91), the Department is required to comply with Section 
    32 of the Federal Energy Administration Authorization Act of 1974, as 
    amended by section 9 of the Federal Energy Administration Authorization 
    Act of 1977. The findings required of the Department by Section 32 
    serve to notify the public regarding the use of commercial standards in 
    a proposal and through the rulemaking process. It allows interested 
    persons to make known their views regarding the appropriateness of the 
    use of any particular commercial standard in a notice of proposed 
    rulemaking. Section 32 also requires that the Department consult with 
    the Attorney General and the Chairman of the Federal Trade Commission 
    concerning the impacts of such standards on competition.
        Today's proposed rule adopts, in significant part, the MEC, 1992, 
    1993 and 1995 and the relevant reference standards (RS) contained in 
    the MEC, 1992, 1993, and 1995. The reference standards can be found in 
    Subpart H of the proposed rule designated as RS-1--RS-34. In addition, 
    the proposed rule adopts certain requirements from Standard 90.2-1993.
        The Department has evaluated the promulgation of the above 
    standards with regard to compliance with Section
    
    [[Page 24176]]
    
    32(b). The Department is unable to conclude whether these standards 
    fully comply with the requirements of Section 32(b), i.e., that they 
    were developed in a manner which fully provided for public 
    participation, comment, and review. Therefore, the Department now 
    invites public comment on the appropriateness of incorporating these 
    industry standards in its final rule. As required by Section 32(c), the 
    Department will consult with the Attorney General and the Chairman of 
    the Federal Trade Commission concerning the impact of these standards 
    on competition, prior to issuing a notice of Final rulemaking.
    
    J. Unfunded Mandates Reform Act Review
    
        Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
    enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
    agency, to the extent permitted by law, to prepare a written assessment 
    of the effects of any Federal mandate in a proposed or final agency 
    rule that may result in the expenditure by state, local, and tribal 
    governments, in the aggregate, or by the private sector, of $100 
    million or more (adjusted annually for inflation) in any one year. The 
    requirements do not apply if the rule incorporates regulatory 
    requirements that are specifically set forth in law. 2 U.S.C. 1531, 
    1532.
        Furthermore, section 204(a) of the Act, 2 U.S.C. 1534(a), requires 
    the Federal agency to develop an effective process to permit timely 
    input by elected officers (or their designees) of state, local, and 
    tribal governments on a proposed ``significant intergovernmental 
    mandate.'' A ``significant intergovernmental mandate'' under the Act is 
    any provision in a Federal agency regulation that: (1) would impose an 
    enforceable duty upon state, local, or tribal governments (except as a 
    condition of Federal assistance); and (2) may result in the expenditure 
    by state, local, and tribal governments, in the aggregate, of $100 
    million (adjusted annually for inflation) in any one year. Section 203 
    of the Act, which supplements section 204(a), provides that before 
    establishing any regulatory requirements that might significantly or 
    uniquely affect small governments, the agency shall have developed a 
    plan that, among other things, provides for notice to potentially 
    affected small governments, if any, and for a meaningful and timely 
    opportunity to provide input in the development of regulatory 
    proposals. 2 U.S.C. 1533.
        The rule proposed today would establish building energy-efficiency 
    standards for new Federal residential buildings pursuant to section 
    305(a) of the Energy Conservation and Production Act, as amended. 42 
    U.S.C. 6834(a). It does not include any Federal requirements that would 
    result in the expenditure of money by state, local, and tribal 
    governments. Therefore, the requirements of the Unfunded Mandates 
    Reform Act of 1995 do not apply to this rulemaking.
    
    IX. Public Comment Procedures
    
    A. Participation in Rulemaking
    
        The Department encourages the maximum level of public participation 
    in this rulemaking. Representatives of Federal agencies, utilities, 
    state and local governments, building code organizations, and builder 
    associations, building owner associations, as well as individuals, 
    architects, engineers, builders, building owners, consumers, and others 
    are urged to submit written statements on the proposed rule. The 
    Department also encourages interested persons to participate in the 
    public hearing to be held in Washington, D.C., at the time and place 
    indicated in this Notice.
        The Department of Energy has established a comment period of 90 
    days following publication for interested persons to comment on this 
    proposed rule. All comments will be available for review in the 
    Department's Freedom of Information Reading Room.
    
    B. Solicitation of Public Comments
    
        The Department welcomes comments on any aspects of the proposed 
    rule and supporting documentation, including the draft EA. In 
    particular, the Department is seeking comments on those specific issues 
    described below. The Department requests that comments of a technical 
    nature be supported by substantive data.
        In particular, the Department requests comments addressing the 
    quantitative and methodological basis for setting specific ventilation 
    requirements in energy codes that relate to Federal residential 
    construction. Ventilation can help mitigate indoor air pollutants and 
    moisture problems in many situations. Excessive ventilation, however, 
    can increase energy use but not necessarily mitigate the health effects 
    of some indoor air pollutants. The Department is interested in comments 
    on how best to set ventilation requirements to achieve adequate indoor 
    air quality without incurring unnecessary construction or energy costs.
        Second, the Department seeks comments on whether all residences 
    with fuel-burning devices requiring a vent pipe or chimney should be 
    required to undergo testing for depressurization-induced chimney 
    failure (backdrafting). The Department has included this requirement in 
    the proposed rule because of the health hazard of backdrafting.
        Third, the Department specifically requests comments regarding the 
    treatment of equipment efficiency for space heating and cooling and 
    water heating. The proposed rule incorporates the existing Federal 
    minimum appliance standards, while relying on other Federal initiatives 
    to encourage the identification and use of more efficient equipment 
    where economically justified.
        The Department would have to establish the economic benefits and 
    technological feasibility of any equipment efficiency specifications 
    that would be included in this rule that exceed the Federal minimum 
    requirements.
        Fourth, the Department requests comments concerning the 
    technological feasibility and economic justification relative to the 
    heating and cooling equipment sizing provisions contained in the 
    proposed rule.
        Fifth, the Department requests comments concerning suggestions on 
    approaches for crediting measures that use renewable sources of energy.
        Sixth, the Department requests comments on the appropriateness of 
    the approach identified in section 435.402.1.6 of the proposed rule for 
    dealing with equipment efficiencies under the whole building energy 
    analysis compliance path in Subpart D.
        Seventh, the Department requests comments on whether carbon dioxide 
    alarms should be required in Federal residences.
        Eighth, the Department requests comment on how this proposed rule 
    could address equipment technologies for which a means of evaluating 
    and comparing energy performance has not yet been fully developed.
        Finally, as previously stated, the Department of Energy requests 
    public review and comments on the draft EA.
    
    C. Written Comment Procedures
    
        Interested persons are invited to participate in this proceeding by 
    submitting written data, views, or comments with respect to the 
    proposed rulemaking.
        Written comments (ten copies) shall be submitted to the address 
    indicated in the ADDRESSES section of this notice. The copies must be 
    received by the date indicated in the DATES section of this notice. 
    Comments should be identified on both the outside of the envelope and 
    on the documents themselves with the
    
    [[Page 24177]]
    
    designation, Energy Efficiency Code for New Federal Residential 
    Buildings (Docket No. EE-RM-96-300). In the event any person wishing to 
    provide written comments cannot provide ten copies, alternative 
    arrangements can be made in advance with the Department.
        All comments received on or before the date specified at the 
    beginning of this proposed rule and other relevant information will be 
    considered by the Department before final action is taken on the 
    proposed rule. All written comments will be available for examination 
    in the Rule Docket File in the Department's Freedom of Information 
    Office Reading Room at the address provided at the beginning of this 
    document before and after the closing date for comments. In addition, a 
    transcript of the proceedings of the public hearings will be filed in 
    the docket.
        Pursuant to the provisions of 10 CFR 1004.11, any person submitting 
    information that is believed to be confidential, and which may be 
    exempt by law from public disclosure, should submit one complete copy, 
    and two copies from which the information believed to be confidential 
    has been deleted. The Department will make its own determination of any 
    such claim and treat it according to its determination.
    
    D. Public Hearings
    
    1. Procedure for Submitting Requests To Speak
        To have the benefit of a broad range of public viewpoints in this 
    rulemaking, the Department will hold a public hearing at the time and 
    place indicated in the DATES and ADDRESSES sections of this notice. Any 
    person who has an interest or who is a representative of a group or 
    class of persons that has an interest in the proposed rule or the 
    associated environmental assessment may request an opportunity to make 
    an oral presentation. A request to speak at the public hearing must be 
    mailed to the address or telephoned to the number indicated in the 
    ADDRESSES section of this notice and received by the time specified in 
    the DATES section of this notice.
        The person making the request should briefly describe his or her 
    interest in the proceedings and, if appropriate, state why that person 
    is a proper representative of the group or class of persons that has 
    such an interest. The person should also provide a telephone number 
    where he or she may be contacted during the day. Each person selected 
    to be heard will be notified by the Department as to the approximate 
    time he or she will be speaking. Ten copies of the speaker's statement 
    must be submitted at or before the hearing. In the event any person 
    wishing to testify cannot meet this requirement, alternative 
    arrangements can be made in advance with the Department.
    2. Conduct of Hearings
        The Department reserves the right to schedule persons to be heard 
    at the hearing, to schedule their representative presentations, and to 
    establish procedures governing the conduct of the hearing. The length 
    of each presentation is limited to 15 minutes or otherwise based on the 
    number of persons requesting an opportunity to speak.
        A Department official will preside at the hearing. This will not be 
    a judicial or evidentiary-type hearing. It will be conducted in 
    accordance with 5 U.S.C. 553 and Section 501 of the Department of 
    Energy Organization Act, 42 U.S.C. 7191. At the conclusion of all 
    initial oral statements, each person who has made an oral statement 
    will be given the opportunity to make a rebuttal or clarifying 
    statement. The statements will be given in the order in which the 
    initial statements were made and will be subject to time limitations.
        Questions may be asked only by those conducting the hearing. Any 
    interested person may submit to the presiding official written 
    questions to be asked of any person making a statement at the hearing. 
    The presiding official will determine whether the question is relevant 
    or whether time limitations permit it to be presented for a response.
        Any further procedural rules needed for the proper conduct of the 
    hearing will be announced by the presiding official at the hearing.
        A transcript of the hearing will be prepared by the Department and 
    made available as part of the administrative record for this 
    rulemaking. It will be on file for inspection at the Department's 
    Freedom of Information Reading Room as provided at the address 
    indicated at the beginning of this document.
        If the Department must cancel the public hearing, the Department 
    will make every effort to publish an advance notice of such 
    cancellation in the Federal Register. The hearing date may be canceled, 
    for example, in the event no member of the public requests the 
    opportunity to make an oral presentation.
    
    List of Subjects in 10 CFR Part 435
    
        Buildings, Energy conservation, Energy efficiency, Engineers, 
    Federal buildings and facilities, Housing.
    
        Issued in Washington, DC, on April 1, 1997.
    Brian T. Castelli,
    Chief of Staff, Energy Efficiency and Renewable Energy.
    
        For the reasons set forth in the preamble, Part 435 of Chapter II 
    of Title 10 of the Code of Federal Regulations is proposed to be 
    revised as set forth below:
    
    PART 435--ENERGY EFFICIENCY CODE FOR NEW FEDERAL RESIDENTIAL 
    BUILDINGS
    
    435.100  Explanation of numbering system for this part.
    
    Subpart A--Administration and Enforcement
    
    435.101  Scope and general requirements.
    435.102  Materials and equipment.
    435.103  Alternate materials'method of construction, design, or 
    insulation systems.
    435.104  [Reserved].
    435.105  [Reserved].
    435.106  [Reserved].
    435.107  Precedence.
    435.108  Life-cycle cost analysis.
    
    Subpart B--Definitions
    
    435.201  Definitions.
    
    Subpart C--Design Conditions
    
    435.301  Scope.
    435.302  Thermal design parameters.
    435.303  Mechanical ventilation criteria.
    
    Subpart D--Design by Systems Analysis; Design Utilizing Renewable 
    Energy Sources
    
    435.401  Scope.
    435.402  Systems analysis.
    435.403  Renewable energy source analysis.
    
    Subpart E--Design by Component Performance Approach
    
    435.501  Scope.
    435.502  Building thermal envelope requirements.
    435.503  Building mechanical systems and equipment.
    435.504  Service water heating.
    435.505  Electrical power and lighting.
    
    Subpart F--[Reserved]
    
    Subpart G--Radon Control
    
    435.701  General.
    435.702  Scope.
    435.703  Compliance.
    435.704  Alternative systems.
    435.705  Conflict with other standards, codes, or regulations.
    435.706  Qualification of testers and installers.
    435.707  Design and construction requirements.
    
    Subpart H--Standards
    
    435.801  Reference standards.
    435.802  Abbreviations and acronyms used in reference standards.
    
    [[Page 24178]]
    
    Appendix to Part 435  Figures and Tables
    
        Authority: 42 U.S.C. 6831-6832, 6834-6836; 42 U.S.C. 8253-54; 42 
    U.S.C. 7101, et seq.
    
    
    Sec. 435.100  Explanation of numbering system for this part.
    
        100.1  General. For the purposes of this part, a derivative of two 
    different numbering systems will be used.
        100.1.1  For the purpose of designating a section, the numbering 
    system employed in the Code of Federal Regulations (CFR) will be 
    employed. The number ``435'' which signifies part 435, Chapter II of 
    Title 10, Code of Federal Regulations, is used as a prefix for all 
    section headings. The suffix is a three digit number. For example, the 
    life-cycle cost analysis section of this part is designated 
    Sec. 435.108.
        100.1.2  Within each section, a numbering system common to many 
    national voluntary consensus model codes is used. A decimal system is 
    used to denote paragraphs and subparagraphs within a section. For 
    example, 435.502.1.2 refers to subparagraph 2 of paragraph 1 of 
    Sec. 435.502.
        100.2  The hybrid numbering system is used for two purposes:
        100.2.1  The use of the Code of Federal Regulation numbering system 
    allows the researcher using the CFR easy access to this part.
        100.2.2  The use of the second system allows the builder, designer, 
    architect or engineer easy access to the technical provisions because 
    they are familiar with the numbering system and its format generally 
    conforms to existing building codes. This system was chosen because of 
    its commonality among the buildings industry.
    
    Subpart A--Administration and Enforcement
    
    
    Sec. 435.101  Scope and general requirements.
    
        101.1  Title. This part shall be known as the Energy Efficiency 
    Code for New Federal Residential Buildings and is referred to herein as 
    ``this part.''
        101.2  Purpose. The provisions of this part provide minimum 
    standards for energy efficiency for the design of new Federal 
    residential buildings. The performance standards are designed to 
    achieve the maximum practicable cost-effective improvements in energy 
    efficiency and increases in the use of non-depletable sources of 
    energy. It is intended that these provisions provide flexibility to 
    permit the use of innovative approaches and techniques to achieve 
    efficient utilization of energy. This part also establishes minimum 
    requirements for the control of radon in new Federal residential 
    buildings.
        101.3  Compliance. This part requires:
        101.3.1  Use of a systems approach for the entire building and its 
    energy-using subsystems which may utilize renewable sources as 
    established in Subpart D or use of a component performance approach for 
    various building elements and mechanical systems and components as 
    established in subpart E; and
        101.3.2  Compliance with the radon requirements is established in 
    subpart G.
        101.4  Scope. This part provides design requirements for building 
    envelopes for adequate thermal resistance and low air leakage and the 
    design and selection of mechanical, electrical, service water-heating 
    and illumination systems and equipment which will enable efficient use 
    of energy in new Federal residential building construction. It applies 
    to the design and construction of all new Federal residential buildings 
    that are three stories or less above grade that are not subject to 
    state or local building codes. Federal residential buildings more than 
    three stories above grade and all Federal nonresidential buildings must 
    comply with the Energy Code for Federal Commercial and Multi-Family 
    High-Rise Residential Buildings.
        101.4.1  Radon control. This part also establishes requirements for 
    control of radon for certain new Federal residential buildings. The 
    applicability of those requirements is established in section 702.
        101.4.2  Building types.
        101.4.2.1  Group R Federal residential buildings. For the purposes 
    of this part, Group R residential buildings include:
        (a) Type A-1--Detached one and two family dwellings, and
        (b) Type A-2--Other residential buildings, three stories or less in 
    height.
        101.4.2.2  Other buildings. Any buildings and structures not 
    included in section 101.4.2.1 are not covered by this rule.
        101.4.3  Exempt buildings. The building types that are exempt are 
    as follows: assembly, health, and
        101.4.3.1  Buildings and structures or portions thereof whose peak 
    design rate of energy usage is less than 1.0 W (3.4 Btu/h) or 10.8 W/
    m\2\ (1 W/ft\2\) of floor area for all purposes.
        101.4.3.2  Buildings and structures or portions thereof which are 
    neither heated nor cooled.
        101.4.4  Application to existing buildings.
        101.4.4.1  Additions to existing buildings. Additions to existing 
    buildings or structures may be made to such buildings or structures 
    without making the entire building or structure comply. The new 
    addition shall conform to the provisions of this part as they relate to 
    new construction only.
    
    
    Sec. 435.102  Materials and equipment.
    
        102.1  Identification.
        102.1.1  General. Materials and equipment shall be identified on 
    the building plans and specifications in a manner that will allow for a 
    determination of their compliance with the applicable provisions of 
    this part.
        102.1.2  Building envelope insulation. Building envelope insulation 
    shall have a thermal resistance (R) identification marker on each piece 
    of building envelope insulation 0.3048 m (12 in.) or greater in width. 
    Alternatively, a signed and dated certification for the insulation 
    installed in each element of the building envelope shall be provided, 
    listing the type of insulation, the manufacturer, and the R-value. For 
    blown-in or sprayed insulation, a certification shall be provided that 
    identifies the initial installed thickness, the settled thickness, the 
    coverage area, and the number of bags of insulation installed. The 
    certification shall be posted in a conspicuous place on the job site.
        102.1.3  Insulation installation. Roof-ceiling, floor, and wall-
    cavity insulation shall be installed to permit inspection of the 
    manufacturer's R-value identification mark. Alternatively, the 
    thickness of roof-ceiling insulation that is blown in or sprayed shall 
    be identified by thickness markers that are labeled in meters (inches) 
    and installed at least one every 27.9 m2 (300 
    ft2) of attic space. The markers shall be affixed to the 
    roof trusses or ceiling joists and marked with the minimum installed 
    thickness and minimum settled thickness using numbers 25.4 mm (1 in.) 
    or greater in height. Each marker shall face the attic access opening. 
    The thickness of installed insulation shall meet or exceed the minimum 
    installed thickness shown by the marker.
        102.2  Maintenance information. Required regular maintenance 
    actions shall be clearly stated on a readily accessible label. Such 
    label may be limited to identifying, by title or publication number, 
    the operation and maintenance manual for that particular model and type 
    of product. Maintenance instructions shall be furnished for equipment 
    which requires preventive maintenance for efficient operation.
    
    [[Page 24179]]
    
        102.3  Fenestration product rating, certification, and labeling. 
    Fenestration products (windows, doors, and skylights) purchased by the 
    Federal government shall have assigned U-values. If tested for U-value, 
    the U-values of fenestration products (windows, doors, and skylights) 
    shall be determined in accordance with RS-1, by an accredited, 
    independent laboratory. The tested U-value of the fenestration product 
    shall be certified and the certified U-value shall be labeled on a 
    conspicuous place on the product. Such certified and labeled U-values 
    shall be accepted for purposes of determining compliance with the 
    building envelope requirements of this part.
        102.3.1  Exception. Where a fenestration product has not been 
    assigned a U-value in accordance with RS-1 for a particular product 
    line, that product shall be assigned a default U-value in accordance 
    with Appendix Tables 102.3.1 and 102.3.2. Product features must be 
    technically verifiable for the product to qualify for the U-value 
    associated with those features. Where the existence of a particular 
    feature cannot be determined with reasonable certainty, the product 
    shall not receive credit for that feature. Where a composite of 
    materials from two different product types are used, the product shall 
    be assigned the higher U-value.
    
    
    Sec. 435.103  Alternate materials--method of construction, design, or 
    insulation systems.
    
        103.1  The provisions of this part are not intended to prevent the 
    use of any material, method of construction, design or insulating 
    system not specifically prescribed herein, provided that such 
    construction, design or insulating system has been approved as meeting 
    the intent of this part.
    
    
    Sec. 435.104  [Reserved]
    
    
    Sec. 435.105  [Reserved]
    
    
    Sec. 435.106  [Reserved]
    
    
    Sec. 435.107  Precedence.
    
        107.1  When different sections of this part, or a section of this 
    part and a section of a referenced standard from section 801 of this 
    part, specify different materials, methods of construction, or other 
    requirements, the more stringent or restrictive requirement shall 
    govern. Whenever there is a conflict between a general requirement and 
    a specific requirement, the specific requirement shall govern.
    
    
    Sec. 435.108  Life-cycle cost analysis.
    
        108.1  The proposed building design(s) shall be evaluated in 
    accordance with the requirements of the Federal Energy Management 
    Program described in subpart A of 10 CFR part 436 to determine its 
    life-cycle cost.
    
    Subpart B--Definitions
    
    
    Sec. 435.201  Definitions.
    
        For the purposes of this part, certain abbreviations, terms, 
    phrases, words and their derivatives shall be set forth in this 
    section.
        Accessible (as applied to equipment). Admitting close approach; not 
    guarded by locked doors, elevation, or other effective means (see 
    ``Readily accessible'').
        Addition. Increase in conditioned floor area.
        Air film. Air immediately adjacent to surfaces of building 
    materials which helps to inhibit heat flow through those materials.
        Air transport factor. The ratio of the rate of useful sensible heat 
    removal from the conditioned space to the energy input to the supply 
    and return fan motor expressed in consistent units and under the 
    designated operating conditions.
        Attic. A space directly underneath the roof sheathing and directly 
    above or adjacent to the interior surfaces of the topmost story of a 
    building that satisfies all of the following conditions:
        (1) The structural members comprising the roof are separate and 
    distinct rafters and ceiling joists or truss assemblies;
        (2) The space is ventilated in accordance with the requirements of 
    the applicable building code;
        (3) The clear height from the top of the ceiling joists to the 
    highest point of the underside of the rafters is greater than 0.762 m 
    (30 in.); and
        (4) The space is provided with a readily accessible access in 
    accordance with the requirements of the applicable building code.
        Automatic. Self-acting, operating by its own mechanism when 
    actuated by some impersonal influence, as, for example, a change in 
    current strength, pressure, temperature or mechanical configuration 
    (see also ``Manual'').
        Basement wall. The opaque portion of a wall which encloses one side 
    of a basement and is partially or totally below grade.
        Building code. The legal instrument which is in effect in a state 
    or unit of general purpose local government, the provisions of which 
    must be adhered to if a building is to be considered to be in 
    conformance with law and suitable for occupancy and use.
        Building envelope. The elements of a building which enclose 
    conditioned spaces through which thermal energy may be transferred to 
    or from the exterior or to or from spaces located in buildings exempted 
    by the provisions of section 101.4.2.
        Comfort air conditioning. The process of treating air so as to 
    control simultaneously its temperature, humidity, cleanliness, and 
    distribution to meet requirements of the conditioned space.
        Comfort envelope. The area of a psychrometric chart enclosing all 
    those conditions described in Figure 1 in Standard RS-2 listed in 
    section 801 as being comfortable.
        Conditioned floor area. The horizontal projection of that portion 
    of interior space which is contained within exterior walls and which is 
    conditioned directly or indirectly by an energy-using system.
        Conditioned space. Space within a building which is provided with 
    heated and/or cooled air or surfaces and, where required, with 
    humidification or dehumidification means so as to be capable of 
    maintaining a space condition falling within the comfort zone set forth 
    by Standard RS-2 listed in section 801.
        Cooled space. Space within a building which is provided with a 
    positive cooling supply.
        Crawl space wall. The opaque portion of a wall which encloses a 
    crawl space and is partially or totally below grade.
        Deadband. The temperature range in which no heating or cooling is 
    used.
        Degree day, cooling. A unit, based upon temperature difference and 
    time, used in estimating fuel consumption and specifying nominal 
    cooling load of a building in summer. For any one day, when the mean 
    temperature is greater than 18.3  deg.C (65  deg.F), there exists as 
    many degree days as there are Celsius (Fahrenheit) degrees difference 
    in temperature between the mean temperature for the day and 18.3  deg.C 
    (65  deg.F).
        Degree day, heating. A unit, based upon temperature difference and 
    time, used in estimating fuel consumption and specifying nominal 
    heating load of a building in winter. For any one day, when the mean 
    temperature is less than 18.3  deg.C (65  deg.F), there exists as many 
    degree days as there are Celsius (Fahrenheit) degrees difference in 
    temperature between the mean temperature for the day and 18.3  deg.C 
    (65  deg.F).
        Drain tile loop. A continuous length of drain tile or perforated 
    pipe extending around all or part of the internal or external perimeter 
    of a basement or crawl space footing.
        Dwelling unit. A single housekeeping unit comprised of one or more 
    rooms providing complete independent living
    
    [[Page 24180]]
    
    facilities for one or more persons, including permanent provisions for 
    living, sleeping, eating, cooking and sanitation.
        Efficiency, HVAC system. The ratio of useful energy output (at the 
    point of use) to the energy input in consistent units for a designated 
    time period, expressed in percent.
        Energy. The capacity for doing work taking a number of forms which 
    may be transformed from one into another, such as thermal (heat), 
    mechanical (work), electrical and chemical in customary units, measured 
    in kilowatt-hours (kWh) or Kilojoules [British thermal units (Btus)].
        Energy source. Electricity, natural gas, propane gas or fuel oil 
    that is available at a residential building for space heating, space 
    cooling, service water heating and lighting. See also ``Renewable 
    energy sources.''
        Equipment type. HVAC system equipment or service water heating 
    equipment that (1) performs a specific function(s) (e.g., space heating 
    or space heating and service water heating), (2) uses a specific energy 
    source(s) (e.g., electricity or a ``dual-fuel'' furnace that can use 
    electricity or natural gas), and (3) employs a specific operational 
    principle (e.g., direct combustion, heat rejection to air, heat 
    extraction from ground water). Example: A heat pump water heater is a 
    different equipment type from an electric resistance water heater.
        Exterior envelope. See ``Building envelope.''
        Federal agency. Any department, agency, corporation, or other 
    entity or instrumentality of the executive branch of the Federal 
    government, including the United States Postal Service, the Federal 
    National Mortgage Association, and the Federal Home Loan Mortgage 
    Corporation.
        Federal residential building. Any detached one- or two-family 
    residential dwelling or other residential building or structure, three 
    stories or less in height, to be constructed or developed for 
    residential occupancy by, or for the use of, any Federal agency that is 
    not legally subject to state or local building codes or similar 
    requirements.
        Furnace, duct. A furnace normally installed in distribution ducts 
    of air conditioning systems to supply warm air for heating and which 
    depends on a blower not furnished as part of the duct furnace for air 
    circulation.
        Furnace, warm air. A self-contained, indirect-fired or electrically 
    heated furnace that supplies heated air through ducts to spaces that 
    require it.
        Glazing area. Interior surface area of assemblies that enclose 
    conditioned space and that contain glazing, such as windows, sliding 
    glass doors, and skylights, including the frame, sash, curbing, 
    muntins, and other framing element.
        Grade. The finished ground level adjoining the building at all 
    exterior walls.
        Gross area of exterior walls. The normal projection of the building 
    envelope wall area bounding interior space which is conditioned by an 
    energy-using system, including opaque wall, window and door area. The 
    gross area of exterior walls consists of all opaque wall areas, 
    including between floor spandrels, peripheral edges of floors, window 
    areas including sash, and door areas, where such surfaces are exposed 
    to outdoor air, unconditioned spaces, or spaces exempted by section 
    101.4.2, and where such spaces enclose a heated or mechanically cooled 
    space, including interstitial areas between two such spaces. For each 
    basement wall with an average below-grade area less than 50% of its 
    total wall area, including openings, the entire wall, including the 
    below-grade portion, is included as part of the gross area of exterior 
    walls. Nonopaque areas (windows, doors, etc.) of all basement walls are 
    included in the gross area of exterior walls.
        Gross floor area. The sum of the areas of the several floors of the 
    building, including basements, cellars, mezzanine and intermediate 
    floored tiers and penthouses of headroom height, measured from the 
    exterior faces of exterior walls or from the center line of walls 
    separating buildings, but excluding:
        (a) Covered walkways, open roofed-over areas, porches and similar 
    spaces.
        (b) Pipe trenches, exterior terraces or steps, chimneys, roof 
    overhangs and similar features.
        Group R Federal residential buildings. For the purpose of this 
    part, Group R Federal residential buildings include:
        (a) Type A-1--Detached one and two family dwellings; and,
        (b) Type A-2--Other Federal residential buildings, three stories or 
    less in height.
        Heat. The form of energy that is transferred by virtue of a 
    temperature difference or a change in state of a material.
        Heat trap. An arrangement of piping connecting to a hot water 
    heater such that the piping makes an inverted ``U'' just before 
    connecting to the heater fittings. Any other arrangement, including a 
    commercially available heat trap, which effectively restricts the 
    natural tendency of hot water to rise also qualifies as a heat trap.
        Heated slab. Slab-on-grade construction in which the heating 
    elements or hot air distribution system is in contact with or placed 
    within the slab or in the subgrade.
        Heated space. Space within a building which is provided with a 
    positive heat supply. Finished living space within a basement with 
    registers or heating devices designed to supply heat to a basement 
    space shall automatically define that space as heated space.
        Humidistat. A regulatory device, actuated by changes in humidity, 
    used for automatic control of relative humidity.
        HVAC. Heating, ventilating and air conditioning.
        HVAC system. The equipment, distribution network, and terminals 
    that provide, either collectively or individually, the processes of 
    heating, ventilating, or air conditioning to a building.
        HVAC system components. HVAC system components provide, in one or 
    more factory-assembled packages, means for chilling and/or heating 
    water with controlled temperature for delivery to terminal units 
    serving the conditioned spaces of the building. Types of HVAC system 
    components include, but are not limited to, water chiller packages, 
    reciprocating condensing units and water source (hydronic) heat pumps 
    (see ``HVAC system equipment'').
        HVAC system efficiency. See ``Efficiency, HVAC system.''
        HVAC system equipment. HVAC system equipment provides, in one 
    (single package) or more (split system) factory-assembled packages, 
    means for air circulation, air cleaning, air cooling with controlled 
    temperature and dehumidification, and, optionally, either alone or in 
    combination with a heating plant, the functions of heating and 
    humidifying. The cooling function may be either electrically or heat 
    operated and the refrigerant condenser may be air, water or 
    evaporatively cooled. Where the equipment is provided in more than one 
    package, the separate packages shall be designed by the manufacturer to 
    be used together. The equipment may provide the heating function as a 
    heat pump or by the use of electric or fossil-fuel-fired elements. (The 
    word ``equipment'' used without modifying adjective may, in accordance 
    with common industry usage, apply either to HVAC system equipment or 
    HVAC system components.)
        Infiltration. The uncontrolled inward air leakage through cracks 
    and interstices in any building element and around windows and doors of 
    a
    
    [[Page 24181]]
    
    building caused by the pressure effects of wind and/or the effect of 
    differences in the indoor and outdoor air density.
        Life-cycle cost. The total discounted cost of owning, operating, 
    and maintaining a building or piece of equipment over its useful life 
    (including its fuel, energy, labor, and replacement components) 
    determined on the basis of a systematic evaluation except that in the 
    case of leased buildings, the life-cycle cost shall be calculated over 
    the effective remaining term of the lease.
        Manual. Capable of being operated by personal intervention (see 
    ``Automatic'').
        Multi-family dwelling. A building containing three or more dwelling 
    units.
        Opaque areas. All exposed areas of a building envelope which 
    enclose conditioned space, except openings for windows, skylights, 
    doors and building service systems.
        Outdoor air. Air taken from the outdoors and, therefore, not 
    previously circulated through the system.
        Packaged terminal air conditioner. A factory-selected wall sleeve 
    and separate unencased combination of heating and cooling components, 
    assemblies or sections intended for mounting through the wall to serve 
    a single room or zone. It includes heating capability by hot water, 
    steam, or electricity.
        Packaged terminal heat pump. A packaged terminal air conditioner 
    capable of using the refrigeration system in a reverse cycle or heat 
    pump mode to provide heat.
        pCi/L. The abbreviation for ``picocuries per liter,'' which is used 
    as a measure for radon concentrations in air. A picocurie is one-
    trillionth (10-12) of a curie. A ``curie'' is a commonly 
    used measurement of radioactivity.
        Positive cooling supply. Mechanical cooling deliberately supplied 
    to a space such as through a supply register. Also, mechanical cooling 
    indirectly supplied to a space through uninsulated surfaces of space-
    cooling components, such as evaporator coil cases and cooling 
    distribution systems which continually maintain air temperatures within 
    the space of 29.4  deg.C (85  deg.F) or lower during normal operation. 
    To be considered exempt from inclusion in this definition, such 
    surfaces shall comply with the insulation requirements of this part.
        Positive heat supply. Heat deliberately supplied to a space by 
    design, such as a supply register, radiator or heating element. Also, 
    heat indirectly supplied to a space through uninsulated surfaces of 
    service water heaters and space heating components, such as furnaces, 
    boilers and heating and cooling distribution systems which continually 
    maintain air temperature within the space of 10  deg.C (50  deg.F) or 
    higher during normal operation. To be considered exempt from inclusion 
    in this definition, such surfaces shall comply with the insulation 
    requirements of this part.
        Proposed design. A building design submitted in response to a 
    request for proposals for the construction of a new Federal residential 
    building.
        Readily accessible. Capable of being reached quickly for operation, 
    maintenance, removal, or inspection, without requiring the need to 
    climb over or remove obstacles or to resort to portable ladders or 
    chairs (see ``Accessible'').
        Renewable energy sources. Sources of energy (excluding minerals) 
    derived from incoming solar radiation, including natural daylighting 
    and photosynthetic processes; from phenomena resulting therefrom, 
    including wind, waves and tides, lake or pond thermal differences; and 
    from the internal heat of the earth, including nocturnal thermal 
    exchanges.
        Reset. Adjustment of the set point of a control instrument to a 
    higher or lower value automatically or manually to conserve energy.
        Roof assembly. All components of the roof/ceiling envelope through 
    which heat flows, thus creating a building transmission heat loss or 
    gain, where such assembly is exposed to outdoor air and encloses a 
    heated or mechanically cooled space. The gross area of a roof assembly 
    consists of the total interior surface of such assembly, including 
    skylights exposed to the heated or mechanically cooled space.
        Sash crack. The sum of all perimeters of all window sashes, based 
    on overall dimensions of such parts, expressed in meters (feet). If a 
    portion of one sash perimeter overlaps a portion of another sash 
    perimeter, only count the length of the overlapping portions once.
        Sensible capacity. The maximum sensible load for which a piece of 
    equipment is designed to remove or add sensible heat.
        Sensible load. The cooling or heating load to remove or add the 
    sensible heat that causes a temperature change.
        Service systems. All energy-using systems in a building that are 
    operated to provide services for the occupants or processes housed 
    therein, including HVAC, service water heating, illumination, 
    transportation, cooking or food preparation, laundering or similar 
    functions.
        Service water heating. Supply of hot water for purposes other than 
    comfort heating.
        Slab-on-grade floor insulation. Insulation around the perimeter of 
    the floor slab or its supporting foundation when the top edge of the 
    floor slab perimeter is above the finished grade or 0.305 m (12 in.) or 
    less below the finished grade.
        Soil gas. The gas, present in soil, which may contain radon.
        Soil gas retarder. A continuous membrane or other comparable 
    material used to retard the flow of soil gas into a building.
        Solar energy source. Source of natural daylighting and of thermal, 
    chemical or electrical energy derived directly from conversion of 
    incident solar radiation.
        Standard design. A building designed to exactly meet but not exceed 
    all requirements in Subpart E of this part.
        Submembrane depressurization system. A system designed to achieve a 
    lower air pressure beneath the soil gas retarder in a crawl space, 
    relative to crawl space air pressure, resulting in air withdrawal from 
    under the soil gas retarder either passively (relying on the upward 
    convective flow of air) or actively (by use of a fan-powered vent).
        Subslab depressurization system (active). A piping system that 
    connects the subslab area with outdoor air, is routed through the 
    conditioned space of a building, and uses a fan-powered vent to draw 
    air from beneath the slab.
        Subslab depressurization system (passive). A piping system that 
    connects the subslab area with outdoor air, is routed through the 
    conditioned space of a building, and relies on the convective flow of 
    air to draw air from beneath the slab.
        Supplementary heater operation. The auxiliary electric resistance 
    heating device that provides heat which contributes to the operation of 
    the heat pump when the temperature is too low for the heat pump to 
    operate independently.
        System. A combination of central or terminal equipment or 
    components and/or controls, accessories, interconnecting means, and 
    terminal devices by which energy is transformed so as to perform a 
    specific function, such as HVAC, service water heating or illumination.
        Technically verifiable. To visually, physically, or through testing 
    determine the physical characteristics or specifications of an element, 
    material, or object.
        Terminal element. The means by which the transformed energy from a 
    system is finally delivered; i.e., registers, diffusers, lighting 
    fixtures, faucets and similar elements.
        Thermal conductance. Time rate of heat flow through a body 
    (frequently per unit area) from one bounding surface to
    
    [[Page 24182]]
    
    the other for a unit temperature difference between the two surfaces, 
    under steady conditions (W/m2 deg.C) [Btu/
    (hft2 deg.F)].
        Thermal resistance (R). The reciprocal of thermal conductance 
    (m2 deg.C/W) 
    [(hft2 deg.F)/Btu].
        Thermal transmittance (U). The coefficient of heat transmission 
    (air to air). It is the time rate of heat flow per unit area and unit 
    temperature difference between the warm side and cold side air films 
    (W/m2 deg.C) [Btu/
    (hft2 deg.F)]. The U-value applies to 
    combinations of different materials used in series along the heat flow 
    path, single materials that comprise a building section, cavity air 
    spaces and surface air films on both sides of a building element.
        Thermal transmittance, overall (Uo). The overall 
    (average) heat transmission of a gross area of exterior building 
    envelope (W/m2 deg.C) [Btu/
    (hft2 deg.F)]. The Uo value 
    applies to the combined effect of the time rate of heat flow through 
    the various parallel paths such as windows, doors and opaque 
    construction areas, comprising the gross area of one or more exterior 
    building components, such as walls, floors or roof/ceilings.
        Thermostat. An automatic control device actuated by temperature and 
    designed to be responsive to temperature.
        Unitary cooling and heating equipment. One or more factory-made 
    assemblies which include an evaporator or cooling coil, a compressor 
    and condenser combination, and may include a heating function as well. 
    Where such equipment is provided in more than one assembly, the 
    separate assemblies shall be designed to be used together.
        Unitary heat pump. One or more factory-made assemblies which 
    include an indoor conditioning coil, compressor(s) and outdoor coil or 
    refrigerant-to-water heat exchanger, including means to provide both 
    heating and cooling functions. When such equipment is provided in more 
    than one assembly, the separate assemblies shall be designed to be used 
    together.
        Ventilation. The process of supplying or removing air by natural or 
    mechanical means to or from any space. Such air may have been 
    conditioned.
        Ventilation air. That portion of supply air which comes from 
    outside (outdoors) plus any recirculated air that has been treated to 
    maintain the desired quality of air within a designated space. (See 
    Standard RS-3 listed in section 801 of this part, and definition of 
    ``Outdoor air''.)
        Walls. Those portions of the building envelope which are vertical 
    or tilted at an angle of 30 deg. or less from the vertical plane.
        Zone. A space or group of spaces within a building with heating 
    and/or cooling requirements sufficiently similar so that comfort 
    conditions can be maintained throughout by a single controlling device.
    
    Subpart C--Design Conditions
    
    
    Sec. 435.301  Scope.
    
        301.1  General. The criteria of this subpart establishes the design 
    conditions for use with Subparts D and E of this part.
    
    
    Sec. 435.302  Thermal design parameters.
    
        302.1  Exterior design conditions. The following design parameters 
    from table 302.1 shall be used for calculations required under this 
    part.
    
                                                       Table 302.1                                                  
                                              [Exterior design conditions]                                          
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    Winter \1\.............................  Design Dry-bulb.....................   deg.C ( deg.F).                 
    Summer \1\.............................  Design Dry-bulb.....................   deg.C ( deg.F).                 
                                             Design Wet-bulb.....................   deg.C ( deg.F).                 
    Degree days, heating \2\                                                                                        
    Degree days, cooling \2\                                                                                        
    ----------------------------------------------------------------------------------------------------------------
    \1\ The outdoor design temperature shall be selected from the columns of 97.5% values for winter and 2.5% values
      for summer from tables in Standard RS-4 listed in section 801. Adjustments may be made to reflect local       
      climates which differ from the tabulated temperatures, or local weather experience.                           
    \2\ The degree days, heating [base 18.3 deg.C (65 deg.F)] and cooling [base 18.3 deg.C (65 deg.F)] shall be     
      selected from NOAA Annual Degree Days to Selected Bases Derived from the 1961--1990 Normals, Standard RS-4    
      listed in section 801, data available from adjacent military installations, or other sources of local data.   
    
        302.2  Interior design conditions.
        302.2.1  Indoor Design Temperature. Indoor design temperature shall 
    be 22.2 deg.C (72 deg.F) for heating and 25.6 deg.C (78 deg.F) for 
    cooling.
        302.2.2  Exception. Other design temperatures may be used for 
    equipment selection if it results in a lower energy usage.
    
    
    Sec. 435.303  Mechanical ventilation criteria.
    
        303.1  Ventilation. Ventilation air shall conform to Standard RS-3 
    listed in section 801. The minimum column value of Standard RS-3 for 
    each type of occupancy shall be used for design. The ventilation 
    quantities specified in section 6 of Standard RS-3 are for 100% outdoor 
    air ventilating systems.
        303.1.1  Exception. If outdoor air quantities other than those 
    specified in Standard RS-3 are used or required because of special 
    occupancy or process requirements, source control of air contamination, 
    health and safety or other standards, the required outdoor air 
    quantities shall be used as the basis for calculating the heating and 
    cooling design loads.
    
    Subpart D--Design by Systems Analysis; Design Utilizing Renewable 
    Energy Sources
    
    
    Sec. 435.401  Scope.
    
        401.1  General. This subpart establishes design requirements based 
    on a systems analysis of total energy use by a new Federal residential 
    building, including all of its systems. These design requirements may 
    be applied as an alternative to the component performance requirements 
    established in subpart E.
    
    
    Sec. 435.402  Systems analysis.
    
        402.1 Energy analysis. Compliance with this subpart requires an 
    analysis of the annual energy usage, hereinafter called an annual 
    energy analysis. The proposed building shall utilize a design that is 
    demonstrated, through technically valid and documented calculations, to 
    have equal or lower annual energy use and equal or lower life-cycle 
    costs than the standard design.
        (a) A building designed in accordance with this subpart complies 
    with this part if the calculated annual energy usage and life-cycle 
    costs are not greater than a similar building (defined as a ``standard 
    design'') with building thermal envelope components and mechanical 
    systems and equipment used to provide heating, ventilating, and air-
    conditioning designed in accordance with subpart E.
    
    [[Page 24183]]
    
        (b) For a proposed building to be considered similar to a 
    ``standard design,'' the proposed building shall have the same 
    conditioned floor area, ratio of thermal envelope area to conditioned 
    floor area, exterior design conditions, occupancy, climate data, and 
    usage operational schedule.
        (c) The proposed design shall use the same energy source(s) for 
    space heating, space cooling, and domestic water heating as the 
    standard design (identified in subpart E).
        402.1.1  Input values for Group R buildings. The input values/
    assumptions from tables 402.1.1a through 402.1.1g shall be used in 
    calculating the annual energy usage.
    
                                 Table 402.1.1a                             
                                [Glazing systems]                           
    ------------------------------------------------------------------------
                                Input Assumptions                           
    -------------------------------------------------------------------------
             Design Parameter             Standard Design    Proposed Design
    ------------------------------------------------------------------------
    Glazing Orientation..............  Window area of        Window area    
                                        proposed house, 25%   oriented as   
                                        on North, South,      proposed      
                                        East, and West        design.       
                                        Exterior walls..                    
    Shading..........................  Draperies shall be    Any exterior   
                                        assumed to be         shading       
                                        closed during         provided by   
                                        period of             proposed      
                                        mechanical air        design.       
                                        conditioner                         
                                        operation..                         
    ------------------------------------------------------------------------
    
    
                                 Table 402.1.1b                             
                          [Heat storage (thermal mass)]                     
    ------------------------------------------------------------------------
                                                                            
    ------------------------------------------------------------------------
    Internal mass..................  39.0 kg/m\2\ (8 lb/ft \2\)             
    Structural mass................  17.1 kg/m\2\ (3.5 lb/ft \2\)           
    ------------------------------------------------------------------------
    
    
                                 Table 402.1.1c                             
              [Building thermal envelope--surface areas and volume]         
    ------------------------------------------------------------------------
                Design parameter                    Input assumptions       
    ------------------------------------------------------------------------
    Floor, walls, ceiling..................  The floor, walls, and ceiling  
                                              areas for both the standard   
                                              and proposed design(s) shall  
                                              be equal.                     
    Foundation and floor type..............  The foundation and floor type  
                                              for both the standard and the 
                                              proposed design(s) shall be   
                                              equal.                        
    Glazings, including skylights..........  The area of glazing in the     
                                              standard design shall not be  
                                              greater than the area of      
                                              glazing in the proposed       
                                              design(s). The glazing U-value
                                              of the standard design shall  
                                              be selected to permit         
                                              calculated Uo-wall compliance 
                                              of the standard design.       
                                             Glazing area in the standard   
                                              design shall not be provided  
                                              with extra shading beyond     
                                              shading that is provided by   
                                              typical construction          
                                              practices--such as roof       
                                              overhangs. Energy performance 
                                              impacts of added shading for  
                                              glazing areas may be accounted
                                              for in the proposed design(s) 
                                              for a specific building.      
                                              Results from shading          
                                              calculation on one proposed   
                                              building shall not be used for
                                              groups of buildings.          
    Doors of A-1 structures................  The standard design shall have 
                                              at least 3.7 m \2\ (40 ft \2\)
                                              of door area.                 
    Building Volume........................  The volumes of both the        
                                              standard and proposed         
                                              design(s) shall be equal.     
    ------------------------------------------------------------------------
    
    
                                 Table 402.1.1d                             
                            [Thermostat (constants)]                        
    ------------------------------------------------------------------------
               Design parameter                        Input value          
    ------------------------------------------------------------------------
    Heating Set Point.....................  20.0  deg.C (68  deg.F).        
    Cooling Set Point.....................  25.6 *C (78 *F).                
    Night Set Back........................  15.6 *C (60 *F).                
    Set Back Duration.....................  7 hours.                        
    Number of Set-back Periods............  1 (night time).                 
    Maximum number of zones...............  2.                              
    Number of thermostats per zone........  1.                              
    ------------------------------------------------------------------------
    
    
                                 Table 402.1.1e                             
                   [Internal Sensible Heat Gains (Constants)]               
    ------------------------------------------------------------------------
                 Unit type                           Input value            
    ------------------------------------------------------------------------
    A-1 Units..........................  440 W (1,500 Btu/h)                
    A-2 Units..........................  879 W (3,000 Btu/h)                
    ------------------------------------------------------------------------
    
    
                                 Table 402.1.1f                             
                 [Domestic Water Heater (Constant, Calculation)]            
    ------------------------------------------------------------------------
                Design parameter                       Input value          
    ------------------------------------------------------------------------
    Temperature set point..................  49  deg.C (120  deg.F)         
    Daily hot water consumption............  Liters=113.7 x n-units+(37.9 x 
                                              n-bedrooms); [Gallons=(30 x n-
                                              units)+(10 x n-bedrooms)]     
    ------------------------------------------------------------------------
    Note:                                                                   
    n-units=number of living units in proposed design(s)                    
    n-bedrooms=number of bedrooms in each living unit.                      
    
    
                                 Table 402.1.1g                             
                       [Distribution System Loss Factors]                   
    ------------------------------------------------------------------------
                                  Duct Location                             
    -------------------------------------------------------------------------
                             Mode                           Outside   Inside
    ------------------------------------------------------------------------
    Heating..............................................      0.75     1.00
    Cooling..............................................      0.80     1.00
    ------------------------------------------------------------------------
    
        402.1.2  If the proposed design takes credit for reduced air 
    changes per hour levels, documentation of measures providing such 
    reduction, or results of a post-construction blower-door test shall be 
    demonstrated using Standard RS-5 listed in section 801.
        402.1.3  Passive solar building designs shall have fixed external 
    shading, operable internal or external shading or other shading 
    technologies to limit excessive summer cooling energy gains to the 
    building interior.
        402.1.4  Passive solar buildings shall utilize at least 919 kJ/ 
    deg.C (45 Btu/ deg.F) of additional thermal mass, per m2 
    (ft\2\) of added glass area, when added south-facing glass area exceeds 
    33% of the total glass area in walls.
        402.1.5  Site Weather Data (constants).
        402.1.5.1  The typical meteorological year (TMY), or its ``ersatz'' 
    equivalent, from the National Oceanic and Atmospheric Administration 
    (NOAA), or an approved equivalent, for the closest available location 
    shall be used.
        402.1.6  The HVAC System Efficiency, for heating and cooling mode, 
    as identified in 10 CFR part 430 shall be proportionally adjusted for 
    those portions of the ductwork located outside or inside the 
    conditioned space using the values shown above, in accordance with 
    equation 402.1a and table 402.1g:
    
    (Equation 402.1.6a)
    
    
    [[Page 24184]]
    
    
    Total Adjusted System Efficiency=Equipment Efficiency  x  Distribution 
    Loss Factor  x  percent of ducts outside+Equipment Efficiency  x  
    Distribution Loss Factor  x  percent of ducts inside.
        402.1.7  Air infiltration. Air changes per hour for the standard 
    design is 0.5 (for purposes of calculation only).
        402.2  Design. The energy usage of the standard design and the 
    proposed design shall be compared as follows:
        (a) The comparison shall be expressed as joule per square meter 
    (Btu input per square foot) of gross floor area per year at building 
    site.
        (b) If the proposed design results in an increase in usage of one 
    energy source and a decrease in another energy source, even though 
    similar sources are used for similar purposes, the difference in each 
    energy source shall be converted to equivalent energy units for 
    purposes of comparing the total energy used.
        (c) The different energy sources shall be compared on the basis of 
    energy use at the site where: 1 kWh=3,413 Btu.
        402.3  Analysis procedure. The analysis of the annual energy usage 
    of the standard design and the proposed design(s) shall meet the 
    following criteria:
        (a) The building heating/cooling load calculation procedure used 
    for annual energy usage analysis shall be detailed enough to evaluate 
    the effect of factors specified in section 402.4.
        (b) The calculation procedure used to simulate the operation of the 
    building and its service systems through a full-year operating period 
    shall evaluate the effect of system design, climatic factors, 
    operational characteristics, and mechanical equipment on annual energy 
    usage. Manufacturer's data or comparable field test data shall be used 
    when available in the simulation of systems and equipment. The 
    calculation procedure shall be based upon 8,760 hours of operation of 
    the building and its service systems and shall utilize the design 
    methods specified in Standards RS-4, -6, and -7 listed in section 801.
        402.4  Calculation procedures. The calculation procedure shall 
    cover the following items:
        (a) Design requirements--Environmental requirements as required in 
    subpart C.
        (b) Climatic data--Coincident hourly data for temperatures, solar 
    radiation, wind and humidity of typical days in the year representing 
    seasonal variation.
        (c) Building data--Orientation, size, shape, mass, air, moisture 
    and heat transfer characteristics.
        (d) Operational characteristics--Temperature, humidity, 
    ventilation, illumination, control mode for occupied and unoccupied 
    hours.
        (e) Mechanical equipment--Design capacity, part load profile.
        (f) Building loads--Internal heat generation, lighting, equipment, 
    number of people during occupied and unoccupied periods.
        402.4.1  Use of approved calculation tool. The same calculation 
    tool shall be used to estimate the annual energy usage for space 
    heating and cooling of the standard design and the proposed design(s).
        402.5  Documentation. Proposed design(s) shall have an energy 
    analysis comparison report providing technical detail on the data used 
    in and resulting from the comparative analysis to verify that both the 
    analysis and the designs meet the criteria of section 401 of this part.
        402.6  Exception. Proposed design(s) for one and two family 
    dwellings and multifamily buildings having a conditioned floor area of 
    465 m\2\ (5,000 ft\2\) or less are exempted from performing an analysis 
    on a full-year (8760 hours) basis as described in section 402.3(b). 
    However, comparison of heating, cooling, and service water heating 
    equipment energy usage between the proposed design(s) and the standard 
    design shall be provided in accordance with the remaining provisions of 
    section 402 of this part.
    
    
    Sec. 435.403  Renewable energy source analysis.
    
        403.1  General. A proposed building utilizing solar, geothermal, 
    wind or other renewable energy sources for all or part of its energy 
    source shall meet the requirements of section 402 of this part, except 
    such renewable energy may be excluded from the total annual energy 
    usage allowed for the building by that section.
        403.1.1  To qualify for this exclusion such renewable energy must 
    be derived from a specific collection, storage and distribution system. 
    The solar energy passing through windows shall also be considered as 
    qualifying if such windows are provided with:
        (a) Operable insulating shutters or other devices which, when drawn 
    or closed, shall cause the window area to reduce maximum outward heat 
    flow rate to that specified in section 502.3.1; and
        (b) The window areas are shaded or otherwise protected from direct 
    rays of the sun during periods when mechanical cooling is required.
        403.1.2  Exclusion shall also be granted for solar energy passing 
    through windows provided:
        (a) The glass is double or triple pane insulating glass with a low-
    emittance coating on one or more airspace surfaces of the glass, or 
    with a low-emittance plastic film suspended in the airspace, and
        (b) The glass areas are shaded from direct solar radiation during 
    periods when mechanical cooling is required.
        403.1.3  Other criteria covered in section 402 shall apply to the 
    proposed design(s) utilizing renewable sources of energy.
        403.2  Documentation. An annual energy analysis comparison shall be 
    prepared comparing the proposed design(s) and the standard design as 
    specified in section 402. The report shall provide technical detail on 
    the building and system design(s) and on the data employed in the 
    comparative analysis sufficient to verify that both the analysis and 
    the proposed design(s) meet the criteria of sections 402 and 403 of 
    this part.
        403.2.1  The energy derived from renewable sources and the 
    reduction in conventional energy requirements derived from nocturnal 
    cooling shall be separately identified from the overall building energy 
    use. Supporting documentation on the basis of the performance estimates 
    for the renewable energy sources or nocturnal cooling shall be 
    demonstrated in the building plans and specifications.
        403.2.2  Energy usage must be calculated in accordance with the 
    design conditions and methods specified in this part.
        403.3  Exception. Proposed design(s) for buildings of less than 
    464m2 (5,000 ft2) of conditioned floor area that 
    derive a minimum of 30% of their total annual energy usage from 
    renewable sources or from nocturnal cooling are exempt from performing 
    the analysis on a full-year (8,760 hours) basis as described in section 
    402.3(b). However, comparison of heating, cooling, and service water 
    heating equipment energy usage between the proposed design(s) and the 
    standard design shall be provided in accordance with the remaining 
    provisions of sections 402 and 403 of this part.
        403.4  Passive solar design analysis. Proposed design(s) using 
    passive solar heating strategies, such as south window placement 
    coupled with thermal mass, attached greenhouses or sunspaces, or Trombe 
    walls, can be analyzed for annual heating and cooling loads using RS-8. 
    Other methods for analysis of solar design strategies and equipment are 
    permitted. Note that use of RS-8 provides information on building loads 
    only; actual energy consumption depends on the equipment
    
    [[Page 24185]]
    
    proposed for installation in the building.
    
    Subpart E--Design by Component Performance Approach
    
    
    Sec. 435.501  Scope.
    
        501.1  General. This subpart establishes design requirements based 
    on component performance for new Federal residential buildings. The 
    design requirements established in subpart D may be applied in lieu of 
    these requirements.
    
    
    Sec. 435.502  Building thermal envelope requirements.
    
        502.1  General. The building thermal envelope shall meet the 
    requirements of table 502.1a. Compliance with these requirements shall 
    be demonstrated in accordance with section 502.2. To demonstrate 
    compliance, calculation procedures and information contained in RS-4, 
    or laboratory test measurements obtained from test methods RS-9, -10, -
    11, or -12, or other documented procedures or information, shall be 
    used.
        502.1.1  The proposed design may include the use of thermal mass in 
    the exterior walls when determining energy use. If the use of thermal 
    mass is considered appropriate in the design of the exterior walls then 
    the required UW for exterior walls, covered by section 
    502.2.1.1 and having a heat capacity greater than or equal to 123 kJ/
    m2 deg.K (6 Btu/ft2 deg.F), 
    shall be less than or equal to the U-value determined by the applicable 
    heating degree-days and low-mass-wall UW in tables 502.1b, 
    502.1c, or 502.1d. The column headings in tables 502.1b through 502.1d 
    are the UW's, as determined by using equation 502.2a and 
    Appendix Figure 1, for low-mass-walls; wall constructions having a heat 
    capacity of less than 123 kJ/m2 deg.K (6 Btu/
    ft2 deg.F), as determined by equation 502.1a. The 
    heat capacity of the wall shall be determined by using equation 502.1a 
    below:
    
    (Equation 502.1a)
    
    HC=w x c
    
    where:
    
     HC=heat capacity of the exterior wall, based on exterior surface area, 
    W/(m2 deg.K) [Btu/(ft2 deg.F)].
    w=mass of the wall, based on exterior surface area, kg/m2 
    (lb/ft2).
    c=specific heat of the exterior wall material, kJ/(kg deg.K) 
    [Btu/(lb deg.F)].
    
        The specific heat values shall be permitted to be obtained from 
    Chapter 22 of Standard RS-4.
    
                                                    Table 502.1a \1\                                                
    ----------------------------------------------------------------------------------------------------------------
                 Element                          Mode               Type A-1  buildings       Type A-2 buildings   
    ----------------------------------------------------------------------------------------------------------------
    Walls............................  Heating or cooling.......  Uo                        Uo                      
    Roof/Ceiling.....................  Heating or cooling.......  Uo                        Uo                      
    Floors over unheated spaces......  Heating or cooling.......  Uo                        Uo                      
    Heated slab on grade 2 5.........  Heating..................  R                         R                       
                                                                  Depth  in.\6\             Depth  in.\6\           
    Unheating slab on grade 3 5......  Heating..................  R                         R                       
                                                                  Depth  in.\6\             Depth  in.\6\           
    Basement wall 4 5................  Heating or cooling.......  U                         U                       
    Crawl space wall 4 5.............  Heating or cooling.......  U                         U                       
    ----------------------------------------------------------------------------------------------------------------
    \1\ Values shall be determined by using the graphs (Figures 1, 2, 3, 4, 5 and 6) contained in the Appendix of   
      this part using heating degree days as specified in section 302.                                              
    \2\ There are no insulation requirements for heated slabs in locations having less than 278 Celsius heating     
      degree days (500 Fahrenheit HDD).                                                                             
    \3\ There are no insulation requirements for unheated slabs in locations having less than 1,389 Celsius heating 
      degree days (2,500 Fahrenheit HDD).                                                                           
    \4\ Basement and crawl space wall U-values shall be based on the wall components and surface air films. Adjacent
      soil shall not be considered in the determination of the U-value.                                             
    \5\ Typical foundation wall insulation techniques can be found in Standard RS-13.                               
    \6\ Depth of burial measured as described in section 502.2.1.4.                                                 
    
    
        Table 502.1b.--Required Uw for Wall With a Heat Capacity Equal To or Exceeding 123 kJ/(m2   deg.K) [6 Btu/(ft2  deg.F)] With    
                                                       Insulation Placed on the Exterior of the Wall Mass                                                   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  UW required for walls with a heat capacity less than 123 kJ/(m2   deg.K)  [6 Btu/(ft2 
                                                                      deg.F)] as determined by using equation 502.2a and appendix figure 1                  
    Heating degree days  18.3  deg.C (65  deg.F) -----------------------------------------------------------------------------------------------------------
                        base                         1.13        1.02        0.90        0.79        0.68        0.56        0.45        0.34        0.22   
                                                    (0.20)      (0.18)      (0.16)      (0.14)      (0.12)      (0.10)      (0.08)      (0.06)      (0.04)  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    0-1111......................................       1.59        1.47        1.30        1.19        1.02        0.90        0.73        0.62        0.45 
    (0-2000)....................................      (0.28)      (0.26)      (0.23)      (0.21)      (0.18)      (0.16)      (0.13)      (0.11)      (0.08)
    1112-2222...................................       1.53        1.42        1.24        1.13        0.96        0.85        0.73        0.56        0.45 
    (2001-4000).................................      (0.27)      (0.25)      (0.22)      (0.20)      (0.17)      (0.15)      (0.13)      (0.10)      (0.08)
    2223-3056...................................       1.42        1.30        1.19        1.02        0.90        0.79        0.62        0.51        0.39 
    (4001-5500).................................      (0.25)      (0.23)      (0.21)      (0.18)      (0.16)      (0.14)      (0.11)      (0.09)      (0.07)
    3056-3611...................................       1.30        1.19        1.07        0.96        0.85        0.68        0.56        0.45        0.34 
    (5501-6500).................................      (0.23)      (0.21)      (0.19)      (0.17)      (0.15)      (0.12)      (0.10)      (0.08)      (0.06)
    3612-4444...................................       1.24        1.07        0.96        0.85        0.73        0.62        0.51        0.39        0.28 
    (6501-8000).................................      (0.22)      (0.19)      (0.17)      (0.15)      (0.13)      (0.11)      (0.09)      (0.07)      (0.05)
    >4445.......................................       1.13        1.02        0.90        0.79        0.68        0.56        0.45        0.34        0.22 
    (>8001).....................................      (0.20)      (0.18)      (0.16)      (0.14)      (0.12)      (0.10)      (0.08)      (0.06)      (0.04)
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    [[Page 24186]]
    
    
     Table 502.1c.--Required Uw for Wall With a Heat Capacity Equal To or Exceeding 123kJ/(m2 deg.K) [6Btu/(ft2  deg.F) With Insulation 
                                                             Placed on the Interior of the Wall Mass                                                        
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Uw required for walls with a heat capacity less than 123 kJ/(m2   deg.K) [6 Btu/(ft2 
                                                                     deg.F)] as determined by using equation 502.2a and appendix figure 1                   
     Heating degree days  18.3 deg.C (65 deg.F)  -----------------------------------------------------------------------------------------------------------
                        base                         1.13        1.02        0.90        0.79        0.68        0.56        0.45        0.34        0.22   
                                                    (0.20)      (0.18)      (0.16)      (0.14)      (0.12)      (0.10)      (0.08)      (0.06)      (0.04)  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    0-1111......................................       1.42        1.24        1.13        0.96        0.85        0.68        0.51        0.39        0.22 
    (0-2000)....................................      (0.25)      (0.22)      (0.20)      (0.17)      (0.15)      (0.12)      (0.09)      (0.07)      (0.04)
    1112-2222...................................       1.36        1.19        1.07        0.90        0.79        0.68        0.51        0.39        0.22 
    (2001-4000).................................      (0.24)      (0.21)      (0.19)      (0.16)      (0.14)      (0.12)      (0.09)      (0.07)      (0.04)
    2223-3056...................................       1.30        1.19        1.07        0.90        0.79        0.62        0.51        0.39        0.22 
    (4001-5500).................................      (0.23)      (0.21)      (0.19)      (0.16)      (0.14)      (0.11)      (0.09)      (0.07)      (0.04)
    3056-3611...................................       1.24        1.13        0.96        0.85        0.73        0.62        0.51        0.34        0.22 
    (5501-6500).................................      (0.22)      (0.20)      (0.17)      (0.15)      (0.13)      (0.11)      (0.09)      (0.06)      (0.04)
    3612-4444...................................       1.19        1.07        0.96        0.79        0.68        0.56        0.45        0.34        0.22 
    (6501-8000).................................      (0.21)      (0.19)      (0.17)      (0.14)      (0.12)      (0.10)      (0.08)      (0.06)      (0.04)
    >4445.......................................       1.13        1.02        0.90        0.79        0.68        0.56        0.45        0.34        0.22 
    (>8001).....................................      (0.20)      (0.18)      (0.16)      (0.14)      (0.12)      (0.10)      (0.08)      (0.06)      (0.04)
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
      Table 502.1d.--Required Uw for Wall With a Heat Capacity Equal To or Exceeding 123kJ/(m2   deg.K) [6Btu/(ft2 deg.F) With Integral 
                                                   Insulation (Insulation and Mass Mixed, Such as a Log Wall)                                               
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Uw required for walls with a heat capacity less than 123 kJ/(m2   deg.K) [6 Btu/(ft2 
                                                                     deg.F)] as determined by using equation 502.2a and appendix figure 1                   
     Heating degree days  18.3 deg.C (65 deg.F)  -----------------------------------------------------------------------------------------------------------
                        base                         1.13        1.02        0.90        0.79        0.68        0.56        0.45        0.34        0.22   
                                                    (0.20)      (0.18)      (0.16)      (0.14)      (0.12)      (0.10)      (0.08)      (0.06)      (0.04)  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    0-1111......................................       1.59        1.42        1.30        1.13        0.96        0.85        0.68        0.51        0.39 
    (0-2000)....................................      (0.28)      (0.25)      (0.23)      (0.20)      (0.17)      (0.15)      (0.12)      (0.09)      (0.07)
    1112-2222...................................       1.53        1.36        1.24        1.07        0.96        0.79        0.62        0.51        0.34 
    (2001-4000).................................      (0.27)      (0.24)      (0.22)      (0.19)      (0.17)      (0.14)      (0.11)      (0.09)      (0.06)
    2223-3056...................................       1.47        1.30        1.19        1.02        0.90        0.73        0.62        0.45        0.34 
    (4001-5500).................................      (0.26)      (0.23)      (0.21)      (0.18)      (0.16)      (0.13)      (0.11)      (0.08)      (0.06)
    3056-3611...................................       1.36        1.19        1.07        0.96        0.79        0.68        0.56        0.45        0.28 
    (5501-6500).................................      (0.24)      (0.21)      (0.19)      (0.17)      (0.14)      (0.12)      (1.10)      (0.08)      (0.05)
    3612-4444...................................       1.24        1.13        1.02        0.85        0.73        0.62        0.51        0.39        0.28 
    (6501-8000).................................      (0.22)      (0.20)      (0.18)      (0.15)      (0.13)      (0.11)      (0.09)      (0.07)      (0.05)
    >4445.......................................       1.13        1.02        0.90        0.79        0.68        0.56        0.45        0.34        0.22 
    (>8001).....................................      (0.20)      (0.18)      (0.16)      (0.14)      (0.12)      (0.10)      (0.08)      (0.06)      (0.04)
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
        502.1.2  The design shall not create conditions of accelerated 
    deterioration from moisture condensation. For frame walls, floors, and 
    ceilings not ventilated to allow moisture to escape, an approved vapor 
    retarder having a maximum perm rating of 57.4 ng/
    Pasm2 (1.0 perm), when tested in 
    accordance with Standard RS-14, Procedure A, shall be installed on the 
    warm-in-winter side of the thermal insulation.
        502.1.3  Exceptions.
        502.1.3.1  Buildings are exempt from the requirements of section 
    502.1.2 in construction where moisture or its freezing will not damage 
    the materials.
        502.1.3.2  Buildings are exempt from the requirements of section 
    502.1.2 in hot and humid climate areas where the following conditions 
    occur:
        (a) 19.4  deg.C (67  deg.F) or higher wet-bulb temperature for 
    3,000 or more hours during the warmest six consecutive months of the 
    year, and/or
        (b) 22.8  deg.C (73  deg.F) or higher wet-bulb temperature for 
    1,500 or more hours during the warmest six consecutive months of the 
    year.
        502.1.4  Access openings. Access doors, hatches, scuttles, pull-
    down staircases and similar constructions separating a conditioned from 
    an unconditioned space shall be weatherstripped along the surfaces that 
    seal to the surrounding fixed frame. The access opening shall be 
    insulated to a level equivalent to the insulation of the surrounding 
    floor, wall, and ceiling.
        502.1.4.1  Exception. If the access opening is uninsulated, the U-
    value of the surrounding floor, wall, and ceiling shall be decreased in 
    accordance with equations 502.2a, 502.2b, 502.2c, or 502.2d, as 
    appropriate.
        502.1.5  Masonry Veneer. When insulation is placed on a foundation 
    wall, and part of the foundation wall supports a masonry veneer for the 
    exterior wall, the horizontal portion of the foundation supporting the 
    veneer need not be insulated.
        502.2  Heating and cooling criteria.
        502.2.1  Compliance by performance on an individual component 
    basis. Each component of the building envelope shall meet the 
    provisions of table 502.1a as provided in sections 502.2.1.1--
    502.2.1.6.
        502.2.1.1  Walls.
        502.2.1.1.1  Conventional framing. The combined thermal 
    transmittance value (UO) of the gross area of exterior walls 
    shall not exceed the value given in table 502.1a. Equation 502.2a shall 
    be used to determine acceptable combinations to meet this requirement.
    
    [[Page 24187]]
    
    [GRAPHIC] [TIFF OMITTED] TP02MY97.000
    
    
    where:
    
    Uo=the average thermal transmittance of the gross area of 
    exterior walls.
    Ao=the gross area of exterior walls.
    Uw=the combined thermal transmittance of the various paths 
    of heat transfer through the opaque exterior wall area.
    Aw=area of exterior wall that is opaque.
    Ug=the thermal transmittance of the area of all windows 
    within the gross wall area as determined in accordance with section 
    102.3 of this part.
    Ag=the area of all windows within the gross wall area.
    Ud=the thermal transmittance of the area of all doors within 
    the gross wall area as determined in accordance with section 102.3 of 
    this part.
    Ad=the area of all doors within the gross wall area.
        When more than one type of wall, window, or door is used, the U  x  
    A term for that item shall be expanded into sub-elements as:
    
    UwAw = (Uw1Aw1) + 
    (Uw2Aw2) + (Uw3Aw3) + ... 
    (etc.)
    
        502.2.1.1.2  Metal framing. When exterior walls are framed with 
    metal studs, calculate the value of Uw used in equation 
    502.2b as follows:
    where:
    
    Rs=the total thermal resistance of the elements, in series 
    along the path comprising the wall assembly of heat transfer, excluding 
    the cavity insulation and the metal stud.
    Rins=the R value of the cavity insulation
    Fc=the correction factor listed in Appendix table 
    502.2.1.1.2.
    
    [GRAPHIC] [TIFF OMITTED] TP02MY97.001
    
        502.2.1.1.3  Any vertical glazing assemblies or vertical walls that 
    form part of a roof assembly that bounds conditioned space, such as 
    clerestories and dormers, shall be treated as part of the exterior wall 
    area for purposes of complying with this part.
        502.2.1.2  Roof/ceiling. The combined thermal transmittance value 
    (UO) of the gross area of the roof or ceiling assembly shall not exceed 
    the value given in table 502.1a. Equation 502.2c shall be used to 
    determine acceptable combinations to meet this requirement.
    
    [GRAPHIC] [TIFF OMITTED] TP02MY97.002
    
    where:
    
    Uo=the average thermal transmittance of the gross roof/
    ceiling area.
    Ao=the gross area of the roof/ceiling assembly.
    UR=the thermal transmittance of all elements of the opaque 
    roof/ceiling area.
    AR=area of the opaque roof/ceiling assembly.
    Us=the thermal transmittance of the area of all skylight 
    elements in the roof/ceiling assembly as determined in accordance with 
    section 102.3 of this part.
    As=the area (including frame) of all skylights within the 
    roof/ceiling assembly.
    
        When more than one type of roof/ceiling or skylight is used, the U 
    x  A term for that item shall be expanded into its sub-elements, as:
    
        UR  x  AR = (UR1  x  
    AR1) + (UR2  x  AR2) + ...etc.
    
        502.2.1.2.1  When return air ceiling plenums are employed, the 
    roof/ceiling assembly shall:
        (a) For thermal transmittance purposes, not include the ceiling 
    proper nor the plenum space as part of the assembly and, b) For gross 
    area purposes, be based upon the interior face of the upper plenum 
    surface.
        502.2.1.3  Floors over unheated spaces. The combined thermal 
    transmittance value (UO) of the gross area of floors over 
    unheated spaces shall not exceed the value given in table 502.1a. The 
    thermal transmittance requirement of this section does not apply to 
    floors over unvented crawl spaces and basements if the requirements of 
    section 502.2.1.5 and/or 502.2.1.6 are met. For floors over outdoor 
    air, e.g., overhangs, the UO value shall meet the same 
    requirement shown for roofs in table 502.1a. Equation 502.2d shall be 
    used to determine acceptable combinations to meet this requirement.
    
    [GRAPHIC] [TIFF OMITTED] TP02MY97.003
    
    where:
    UO=the combined thermal transmittance of the different floor 
    assemblies.
    AO=the gross area of all floor assemblies.
    U1,...,n=the thermal transmittance of the various heat 
    transfer paths through the first (or nth) floor assembly.
    Af1,...,fn=the area of the first (or nth) floor assembly.
    
        502.2.1.4  Slab-on-grade floors. For slab-on-grade floors, the 
    thermal resistance of the insulation around the perimeter of the floor 
    shall not be less than the value given in table 502.1a. Insulation 
    shall be placed on the outside
    
    [[Page 24188]]
    
    of the foundation or on the inside of the foundation wall. In climates 
    below 3,333 annual Celsius heating degree days (HDD) (6,000 annual 
    Fahrenheit HDD), the insulation shall extend downward from the top of 
    the slab for a minimum distance of 0.610 m (24 in.) or downward to at 
    least the bottom of the slab and then horizontally to the interior or 
    exterior for a minimum total distance of 0.610 m (24 in.) and shall be 
    designed for ground contact. In climates equal to or greater than 3,333 
    annual Celsius heating degree days (HDD) (6,000 annual Fahrenheit HDD), 
    the insulation shall extend downward from the top of the slab for a 
    minimum of 1.22 m (48 in.) or downward to at least the bottom of the 
    slab and then horizontally to the interior or exterior for a minimum 
    total distance of 1.22 m (48 in.). In all climates, horizontal 
    insulation extending outside of the foundation shall be covered by 
    pavement or soil a minimum of 0.254 m (10 in.) thick. If the insulation 
    is placed to the inside of the foundation wall, there must be 
    insulation placed between the slab and the foundation wall. The top 
    edge of the insulation installed between the exterior wall and the edge 
    of the interior slab shall be permitted to be cut at a 45 deg. angle 
    away from the exterior wall.
        502.2.1.5  Crawl space walls. If the floor above a crawl space does 
    not meet the requirements of section 502.2.1.3 and the crawl space does 
    not have ventilation openings that communicate directly with outside 
    air, then the exterior walls of the crawl space shall have a thermal 
    transmittance value not exceeding the value given in table 502.1a. 
    Where the inside ground surface is less than 0.305 m (12 in.) below the 
    outside finish ground level or the vertical wall insulation stops less 
    than 0.305 m (12 in.) below the outside finish ground level, crawl 
    space wall insulation shall extend vertically and horizontally a 
    minimum total distance of 0.610 m (24 in.) linearly from the outside 
    finish ground level (see RS-13).
        502.2.1.6  Basement walls. The exterior walls of basements below 
    uninsulated floors shall have a thermal transmittance value not 
    exceeding the value given in table 502.1a from the top of the basement 
    wall to a depth of 3.05 m (10 ft) below the outside finish ground 
    level, or to the level of the basement floor, whichever is less.
        502.2.2  Compliance by whole building performance. The stated 
    UO, U, or R value of an assembly may be increased or 
    decreased, provided the total heat gain or loss for the entire building 
    does not exceed the total resulting from conformance to the values 
    specified in table 502.1a.
        502.3  Air leakage.
        502.3.1  Window and door assemblies. Window and door assemblies 
    installed in the building envelope shall comply with the maximum 
    infiltration rates allowed in RS-15, -16, -17, -18, and -19.
        502.3.1.1  Exception. Site-constructed windows and doors shall be 
    sealed in accordance with section 502.3.2.
        502.3.2  Caulking and sealants. Joints, openings, and penetrations 
    in the building envelope that are sources of air leakage shall be 
    sealed with caulking, gasketing, weather-stripping, house wrap, or 
    other materials compatible with the construction materials, location, 
    and anticipated conditions. Sealants used in joints between dissimilar 
    materials shall allow for differential expansion and contraction of 
    such materials.
        502.3.3  Recessed lighting fixtures. When installed in the building 
    envelope, recessed lighting fixtures shall meet one of the following 
    requirements:
        (a) Type IC rated, manufactured with no penetrations between the 
    inside of the recessed fixture and the ceiling cavity, and sealed or 
    gasketed to prevent air leakage into the unconditioned space.
        (b) Type IC or non-IC rated, installed inside a sealed box 
    constructed from a minimum 0.013-m (\1/2\-in.) thick gypsum wallboard, 
    a preformed polymeric vapor barrier, or other air-tight assembly 
    manufactured for this purpose. The fixture shall maintain a 0.013-m 
    (\1/2\-in.) minimum clearance from combustible material and 0.064 m (3 
    in.) minimum clearance from insulation material.
        (c) Type IC rated in accordance with RS-15 with no more than 0.944 
    L/s (2.0 cfm) air movement from the conditioned space to the ceiling 
    cavity. The fixture shall be tested at 75 Pascals or 1.57 psf pressure 
    differential and shall be labeled.
    
    
    Sec. 435.503  Building mechanical systems and equipment.
    
        503.1  General. This section covers mechanical systems and 
    equipment used to provide heating, ventilating, and air-conditioning 
    functions.
        503.2  Mechanical equipment efficiency. Mechanical equipment used 
    to provide heating and air-conditioning functions shall be selected 
    pursuant to the following:
        503.2.1  Detached one and two family dwellings. Heating and air-
    conditioning equipment selection shall comply with section 503.2.1.1 or 
    section 503.2.1.2.
        503.2.1.1  Minimum federal standards. The installed equipment type 
    shall have the lowest life-cycle cost of all the applicable equipment 
    included in table 503.2, when those equipment types have been evaluated 
    at the minimum equipment performance efficiency allowed under Federal 
    standards as specified in 10 CFR part 430.
        503.2.1.2  Alternative approach. Any equipment that is at least as 
    life-cycle cost-effective as the equipment identified in section 
    503.2.1.1 may be installed.
        503.2.1.3  When either the selected equipment or the equipment 
    identified in table 503.2 to which it is compared provides both heating 
    and cooling, the life-cycle cost comparison shall be based on the 
    combined life-cycle cost of providing heating and cooling services. 
    Otherwise, separate heating and cooling life-cycle cost comparisons 
    shall be made.
        503.2.1.4  All such equipment shall be installed in accordance with 
    the manufacturer's instructions.
    
           Table 503.2.--Mechanical Equipment Regulated by Federal Law      
    ------------------------------------------------------------------------
      Heat pump \1\ or air conditioner;                                     
      air, water or evaporatively cooled      <70,320 kw=""><240,000 btu/h)="" ------------------------------------------------------------------------="" packaged="" terminal="" air="" conditioner="" or="" all="" capacities.="" heat="" pump.="" warm="" air="" furnaces,="" gas="" and="" oil-fired.="" all="" capacities.="" boilers,="" gas-and="" oil-fired...........="" all="" capacities.="" ------------------------------------------------------------------------="" \1\="" does="" not="" include="" ground-water="" source="" heat="" pumps.="" 503.2.2="" central="" heating="" and="" air-conditioning="" units="" for="" multiple="" dwelling="" units="" in="" multi-family="" low="" rise="" dwellings.="" heating="" and="" air-="" conditioning="" equipment="" selection="" shall="" comply="" with="" section="" 503.2.2.1="" or="" section="" 503.2.2.2.="" 503.2.2.1="" equipment="" covered="" by="" rs-20.="" the="" installed="" equipment="" type="" shall="" have="" the="" lowest="" life-cycle="" cost="" of="" all="" the="" applicable="" equipment="" included="" in="" table="" 403.1="" of="" rs-20,="" when="" those="" equipment="" types="" have="" been="" evaluated="" at="" the="" minimum="" equipment="" performance="" efficiency="" allowed="" by="" table="" 403.1="" of="" rs-20="" for="" the="" capacity="" required.="" 503.2.2.2="" alternative="" approach.="" any="" equipment="" that="" is="" at="" least="" as="" life-cycle="" cost-effective="" as="" the="" equipment="" identified="" in="" section="" 503.2.2.1="" may="" be="" installed.="" 503.2.2.3="" when="" either="" the="" selected="" equipment="" or="" the="" equipment="" identified="" [[page="" 24189]]="" in="" table="" 403.1="" of="" rs-20="" to="" which="" it="" is="" compared="" provides="" both="" heating="" and="" cooling,="" the="" life-cycle="" cost="" comparison="" shall="" be="" based="" on="" the="" combined="" life-cycle="" cost="" of="" providing="" heating="" and="" cooling="" services.="" otherwise,="" separate="" heating="" and="" cooling="" life-cycle="" cost="" comparisons="" shall="" be="" made.="" 503.2.2.4="" all="" such="" equipment="" shall="" be="" installed="" in="" accordance="" with="" the="" manufacturer's="" instructions.="" 503.3="" hvac="" systems.="" 503.3.1="" load="" calculations.="" heating="" and="" cooling="" system="" design="" loads="" for="" the="" purpose="" of="" sizing="" systems="" and="" equipment="" shall="" be="" determined="" in="" accordance="" with="" the="" procedures="" described="" in="" rs-4,="" or="" an="" equivalent="" computation="" procedure,="" using="" the="" design="" parameters="" specified="" in="" section="" 302="" of="" this="" part.="" design="" loads="" shall="" account="" for="" infiltration.="" 503.3.1.1="" heating="" and="" cooling="" equipment="" capacity.="" 503.3.1.2="" heating="" equipment.="" the="" capacity="" of="" the="" equipment="" shall="" not="" exceed="" 170%="" of="" the="" design="" load.="" 503.3.1.3="" exception.="" power="" burner="" and="" induced-draft="" burner="" fossil="" fuel="" heating="" equipment.="" 503.3.2="" cooling-only="" equipment.="" equipment="" capable="" of="" providing="" only="" cooling="" shall="" be="" selected="" so="" the="" sensible="" capacity="" of="" the="" equipment="" is="" not="" less="" than="" the="" calculated="" total="" sensible="" cooling="" load="" but="" not="" more="" than="" 125%="" of="" the="" design="" sensible="" load="" or="" the="" closest="" available="" size="" provided="" by="" the="" manufacturer.="" the="" corresponding="" latent="" capacity="" of="" the="" equipment="" shall="" not="" be="" less="" than="" the="" calculated="" latent="" load.="" 503.3.3="" heat="" pump="" equipment.="" heat="" pump="" sizing="" shall="" be="" based="" on="" the="" cooling="" design="" requirements="" and="" shall="" not="" exceed="" 125%="" of="" the="" cooling="" load="" at="" design="" conditions.="" for="" variable-speed="" or="" multiple-speed="" units,="" the="" cooling="" capacity="" at="" the="" lowest="" speed="" shall="" not="" exceed="" 125%="" of="" the="" cooling="" load="" at="" design="" conditions.="" alternatively,="" where="" these="" data="" are="" not="" available="" for="" design="" temperatures,="" the="" capacity="" at="" the="" design="" heating="" temperature="" may="" be="" determined="" by="" interpolation="" or="" extrapolation="" of="" manufacturers'="" performance="" data.="" the="" auxiliary="" electric="" resistance="" heat="" capacity="" shall="" not="" exceed="" 120%="" of="" the="" design="" heating="" requirement.="" 503.3.4="" central="" electric="" furnace.="" central="" electric="" furnaces="" shall="" be="" installed="" within="" the="" conditioned="" space="" unless="" they="" are="" specifically="" designed="" for="" use="" outside="" the="" conditioned="" space.="" such="" furnaces="" greater="" than="" 12="" kw="" (3.42="" tons)="" shall="" be="" divided="" into="" at="" least="" two="" stages.="" an="" electric="" heat="" pump="" or="" an="" off-peak="" electric="" heating="" system="" with="" thermal="" storage="" shall="" be="" installed="" in="" conjunction="" with="" the="" furnace="" for="" locations="" with="" 111="" hdd,="" base="" 18.3="" deg.c="" (200="" hdd,="" base="" 65="" deg.f)="" or="" more.="" 503.4="" temperature="" and="" humidity="" controls.="" 503.4.1="" system="" controls.="" each="" dwelling="" unit="" shall="" be="" considered="" a="" zone="" and="" be="" provided="" with="" thermostatic="" controls="" responding="" to="" temperature="" within="" the="" dwelling="" unit.="" each="" heating="" and="" cooling="" system="" shall="" include="" at="" least="" one="" temperature="" control="" device.="" where="" a="" dwelling="" unit="" is="" served="" by="" more="" than="" one="" system,="" the="" thermostatic="" controls="" of="" each="" system="" shall="" prevent="" simultaneous="" operation="" in="" different="" modes.="" 503.4.2="" thermostatic="" control="" capabilities.="" where="" used="" to="" control="" comfort="" heating,="" thermostatic="" controls="" shall="" be="" capable="" of="" being="" set="" locally="" or="" remotely="" by="" adjustment="" or="" selection="" of="" sensors="" down="" to="" 12.9="" deg.c="" (55="" deg.f)="" or="" lower.="" 503.4.2.1="" where="" used="" to="" control="" comfort="" cooling,="" thermostatic="" controls="" shall="" be="" capable="" of="" being="" set="" locally="" or="" remotely="" by="" adjustment="" or="" selection="" of="" sensors="" up="" to="" 29.4="" deg.c="" (85="" deg.f)="" or="" higher.="" 503.4.2.2="" where="" used="" to="" control="" both="" comfort="" heating="" and="" cooling,="" thermostatic="" controls="" shall="" be="" capable="" of="" providing="" a="" temperature="" range="" or="" deadband="" of="" up="" to="" 5.6="" deg.c="" (10="" deg.f)="" or="" more="" within="" which="" the="" supply="" of="" heating="" and="" cooling="" energy="" is="" shut="" off="" or="" reduced="" to="" a="" minimum.="" 503.4.2.2.1="" exception.="" thermostats="" that="" require="" manual="" changeover="" between="" heating="" and="" cooling="" modes.="" 503.4.3="" heat="" pump="" supplementary="" heater.="" the="" heat="" pump="" shall="" be="" installed="" with="" controls="" to="" prevent="" supplementary="" heater="" operation="" when="" the="" operating="" load="" can="" be="" met="" by="" the="" heat="" pump="" alone.="" supplementary="" heater="" operation="" is="" permitted="" during="" transient="" periods,="" such="" as="" start-="" ups,="" following="" room="" thermostat="" set-point="" advance,="" and="" during="" defrost.="" 503.4.4="" humidistat.="" humidistats="" used="" for="" comfort="" purposes="" shall="" be="" capable="" of="" being="" set="" to="" prevent="" the="" use="" of="" fossil="" fuel="" or="" electricity="" to="" reduce="" relative="" humidity="" below="" 60%="" when="" reducing="" moisture="" or="" to="" increase="" relative="" humidity="" above="" 30%="" when="" adding="" moisture.="" 503.5="" distribution="" system="" construction="" and="" insulation.="" 503.5.1="" piping="" insulation.="" all="" hvac="" system="" piping="" shall="" be="" thermally="" insulated="" in="" accordance="" with="" table="" 503.5.1a.="" 503.5.1.1="" exceptions.="" (a)="" factory-installed="" piping="" within="" hvac="" equipment="" tested="" and="" rated="" in="" accordance="" with="" section="" 503.2.="" (b)="" piping="" that="" conveys="" fluids="" which="" have="" a="" design="" operating="" temperature="" range="" between="" 12.8="" deg.c="" (55="" deg.f)="" and="" 48.9="" deg.c="" (120="" deg.f).="" (c)="" when="" the="" heat="" loss="" and/or="" heat="" gain="" of="" the="" piping="" without="" insulation="" does="" not="" increase="" the="" energy="" requirement="" of="" the="" building.="" (d)="" when="" the="" piping="" is="" installed="" in="" basements,="" cellars,="" or="" unventilated="" crawl="" spaces="" having="" insulated="" walls.="" (e)="" when="" additional="" insulation="" or="" vapor="" barriers="" have="" been="" specified="" to="" prevent="" condensation.="" table="" 503.5.1a.--minimum="" pipe="" insulation="" [thickness="" in="" meters="" (inches)]="" \3\="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" pipe="" sizes="" \2\="" -----------------------------------------------------------------------------------="" fluid="" temperature="" range,="" 0.032="" to="" piping="" system="" types="" deg.c="" (="" deg.f)="" run="" outs="" 0.025="" m="" (1="" 0.051="" m="" 0.064="" to="" 0.127="" to="" 0.203="" m="" (8="" 0.051="" m="" (2="" in.)="" and="" (1.25="" to="" 2="" 0.102="" m="" (2.5="" 0.152="" m="" (5="" in.)="" and="" in.)\1\="" less="" in.)="" to="" 4="" in.)="" to="" 6="" in.)="" larger="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" heating="" systems="" steam="" and="" hot="" water="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" high="" pressure/="" temperature..............="" 152.2-232.2...............="" 0.038="" 0.064="" 0.064="" 0.076="" 0.089="" 0.089="" (306-450).................="" (1.5)="" (2.5)="" (2.5)="" (3)="" (3.5)="" (3.5)="" medium="" pressure/="" temperature............="" 121.7-151.7...............="" 0.038="" 0.051="" 0.064="" 0.064="" 0.076="" 0.076="" (251-305).................="" (1.5)="" (2)="" (2.5)="" (2.5)="" (3)="" (3)="" low="" pressure/="" temperature..............="" 93.9-121.1................="" 0.025="" 0.038="" 0.038="" 0.051="" 0.051="" 0.051="" (201-250).................="" (1)="" (1.5)="" (1.5)="" (2)="" (2)="" (2)="" low="" temperature.........................="" 48.9-93.3.................="" 0.013="" 0.025="" 0.025="" 0.038="" 0.038="" 0.038="" [[page="" 24190]]="" (120-200).................="" (0.5)="" (1)="" (1)="" (1.5)="" (1.5)="" (1.5)="" steam="" condensate="" (for="" feed="" water).......="" any.......................="" 0.025="" 0.025="" 0.038="" 0.051="" 0.051="" 0.051="" ..........................="" (1)="" (1)="" (1.5)="" (2)="" (2)="" (2)="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" cooling="" systems="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" chilled="" water...........................="" 4.4-12.8..................="" 0.013="" 0.013="" 0.019="" 0.025="" 0.025="" 0.025="" (40-55)...................="" (0.5)="" (0.5)="" (0.75)="" (1)="" (1)="" (1)="" refrigerant,="" or="" brine...................="" below="" 4.4.................="" 0.025="" 0.025="" 0.038="" 0.038="" 0.038="" 0.038="" (40)......................="" (1)="" (1)="" (1.5)="" (1.5)="" (1.5)="" (1.5)="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" \1\="" runouts="" not="" exceeding="" 3.66="" m="" (12="" ft)="" in="" length="" to="" individual="" terminal="" units.="" \2\="" for="" piping="" exposed="" to="" outdoor="" air,="" increase="" insulation="" thickness="" by="" 0.0127="" m="" (0.5="" in.).="" \3\="" insulation="" thicknesses="" are="" based="" on="" insulation="" having="" thermal="" resistivity="" in="" the="" range="" of="" 27.7="" to="" 31.9="" (m="" \2\.="" deg.c)/w="" per="" meter="" [4.0="" to="" 4.6="" h.ft="" \2\.="" deg.f/btu="" per="" inch]="" of="" thickness="" on="" a="" flat="" surface="" at="" a="" mean="" temperature="" of="" 23.9="" deg.c="" (75="" deg.f).="" 503.5.1.2="" for="" materials="" with="" thermal="" resistivity="" greater="" than="" 0.81="" (4.6),="" the="" minimum="" insulation="" thickness="" may="" be="" reduced="" as="" determined="" by="" equation="" 503.5.1.2a:="" [graphic]="" [tiff="" omitted]="" tp02my97.004="" 503.5.1.3="" for="" materials="" with="" thermal="" resistivity="" less="" than="" 0.71="" (4.0),="" the="" minimum="" insulation="" thickness="" shall="" be="" increased="" as="" determined="" by="" equation="" 503.5.1.2b:="" [graphic]="" [tiff="" omitted]="" tp02my97.005="" 503.5.2="" [reserved]="" 503.5.3="" [reserved]="" 503.5.4="" [reserved]="" 503.5.5="" [reserved]="" 503.5.6="" duct="" system="" insulation.="" all="" supply="" and="" return="" air="" ducts="" and="" plenums="" installed="" as="" part="" of="" an="" hvac="" air="" distribution="" system="" shall="" be="" insulated="" to="" provide="" a="" thermal="" resistance,="" excluding="" film="" resistances,="" to="" that="" value="" determined="" by="" equation="" 503.5.6a:="" [graphic]="" [tiff="" omitted]="" tp02my97.006="" where="">t= the design temperature difference between the air in 
    the duct and the temperature of the ambient air in contact with the 
    exterior duct surface.
    
        503.5.6.1  Exceptions. Duct insulation, except as required to 
    prevent condensation, is not required in the following cases:
        (a) When t is 13.9  deg.C (25  deg.F) or less.
        (b) When supply-or return-air ducts are installed in basements, 
    cellars, or unventilated crawl spaces having insulated walls in one-and 
    two-family dwellings.
        (c) When the heat gain or loss of the ducts, without insulation, 
    will not increase the energy requirements of the building.
        (d) Within HVAC equipment.
        (e) Exhaust air ducts.
        503.5.6.2  For buildings with uninsulated roofs over attics 
    containing ducts, the air temperature shown in table 503.5.6.2 shall be 
    used.
    
                      Table 503.5.6.2.--Attic Temperatures                  
    ------------------------------------------------------------------------
                Seasonal conditions                      Temperature        
    ------------------------------------------------------------------------
    Summer conditions:                                                      
      Roof slope:                                                           
        5 in 12 and up........................  54.4  deg.C (130  deg.F).   
        3 in 12 to 5 in 12....................  60.0  deg.C (140  deg.F).   
        less than 3 in 12.....................  65.6  deg.C (150  deg.F).   
    Winter conditions all slopes..............  5.56  deg.C (10  deg.F)     
                                                 above outdoor design.      
    ------------------------------------------------------------------------
    
        503.5.7  Duct construction. Ductwork shall be constructed and 
    erected in accordance with Standards RS-6, RS-21, RS-22, RS-23, or RS-
    24 listed in section 801 of this part or in accordance with the 
    construction documents.
        503.5.7.1  Duct testing. High-pressure and medium-pressure ducts 
    shall be leak tested in accordance with the applicable standards in 
    section 801 of this part with the rate of air leakage not to exceed the 
    maximum rate specified in that standard.
        503.5.7.2  Duct sealing. All low-pressure supply and return air 
    ducts, including those that are created within stud bays or joist 
    cavities by covering with sheet metal, shall be sealed using mastic 
    with fibrous backing tape installed according to the manufacturer's 
    specifications. Other sealants may be specified if their
    
    [[Page 24191]]
    
    performance can be demonstrated to equal or exceed that of mastic with 
    fibrous backing tape. For fibrous glass ductwork, pressure-sensitive 
    tape may be used if installed in accordance with RS-24. Duct tape is 
    not permitted as a sealant on any ducts.
        503.5.8  Mechanical ventilation. Each mechanical ventilation system 
    (supply and/or exhaust) shall be equipped with a readily accessible 
    switch or other means for shutoff or volume reduction and shutoff when 
    ventilation is not required. Automatic or gravity dampers that close 
    when the system is not operating shall be provided for outdoor air 
    intakes and exhausts.
        503.5.9  Combustion air. Each combustion device shall be properly 
    installed and provided with a sufficient air supply to meet the air 
    flow requirements for that device. For any fuel-burning equipment 
    installed in the dwelling unit, combustion zone depressurization shall 
    not exceed the equipment's depressurization limit.
        503.5.9.1  Backdrafting test. Dwelling units that have installed 
    combustion appliances requiring a vent pipe or chimney (including gas 
    clothes dryers, water heaters, furnaces, fireplaces, and wood stoves) 
    shall be tested for depressurization-induced chimney failure 
    (backdrafting) in accordance with RS-25. If backdrafting occurs, the 
    cause of insufficient make-up air shall be identified and corrected 
    before occupancy. Testing is not required if the combustion air is 
    supplied directly from the outdoors to the combustion chamber via a 
    sealed passageway, and the products of combustion are exhausted 
    directly outdoors through an independent sealed vent.
        503.5.9.2  Combustion air supplies. Any duct, pipe, screened 
    opening or other construction feature which serves to provide 
    combustion air to fossil-fuel burning appliances, including service 
    water heaters, shall be prominently labeled in a readily accessible 
    location directly on or immediately adjacent to the construction 
    feature. The label shall contain the following statement, or words 
    conveying a similar intent:
    
        Warning: This pipe [duct, vent, etc.] has been installed to 
    provide combustion air for an appliance that burns natural gas, 
    propane gas, fuel oil, or any solid fuel. It should not be modified 
    or obstructed in any way, without first consulting a qualified HVAC 
    contractor or your local building department. Obstruction or 
    improper modification may cause toxic combustion products to be 
    drawn into the living space of the home.
    
        503.5.10  Transport energy. The air transport factor for each all-
    air system shall be not less than 5.5 when calculated in accordance 
    with equation 503.5.10a. The factor shall be based on design system air 
    flow. Energy for transfer of air through heat recovery devices shall 
    not be included in determining the factor.
    [GRAPHIC] [TIFF OMITTED] TP02MY97.007
    
        503.5.10.1  For purposes of these calculations, Space Sensible Heat 
    Load Removal Rate is equivalent to the maximum coincident design 
    sensible cooling load of all spaces served for which the system 
    provides cooling. Fan Power Input is the rate of energy delivered to 
    the fan prime mover.
        503.5.10.2  Air and water, all-water and unitary systems employing 
    chilled, hot, dual-temperature or condenser water-transport systems to 
    space terminals shall not require greater transport energy (including 
    central and terminal fan power and pump power) than an equivalent all-
    air system providing the same space sensible heat removal and having an 
    air transport factor not less than 5.5.
        503.5.11  Balancing. The HVAC system design shall provide means for 
    balancing air and water systems. Components for balancing include 
    dampers, temperature and pressure test connections, and balancing 
    valves.
    
    
    Sec. 435.504  Service water heating.
    
        504.1  General. The purpose of this section is to provide criteria 
    for design and equipment selection that will produce energy savings 
    when applied to service water heating. Water supplies to ice-making 
    machines and refrigerators shall be taken from a cold-water line of the 
    water distribution system.
        504.2  Performance efficiency. Mechanical equipment used to provide 
    residential service water heating functions shall be selected pursuant 
    to the following:
        504.2.1  Detached one and two family dwellings. Service water 
    heating equipment selection shall comply with section 504.2.1.1 or 
    section 504.2.1.2.
        504.2.1.1  Minimum federal standards. The installed equipment type 
    shall have the lowest life-cycle cost of all the applicable equipment 
    included in section 430.32(d) of 10 CFR part 430, Subpart C, when those 
    equipment types have been evaluated at the minimum equipment 
    performance efficiency allowed under Federal standards as specified in 
    10 CFR part 430.
        504.2.1.2  Alternative approach. Any equipment that is at least as 
    life-cycle cost-effective as the equipment identified in section 
    504.2.1.1 may be installed.
        504.2.1.3  When either the selected equipment or the equipment 
    identified in section 403.32(d) of 10 CFR part 430, Subpart C to which 
    it is compared provides heating or cooling to the conditioned space of 
    the building, in addition to service water heating, the life-cycle cost 
    comparison shall be based on the combined life-cycle cost of providing 
    service water heating and the heating or cooling service. Otherwise, 
    separate life-cycle cost comparisons shall be made.
        504.2.1.4  All such equipment shall be installed in accordance with 
    the manufacturer's instructions.
        504.2.2  Service water heating units for multiple dwelling units in 
    multi-family low rise dwellings. Service water heating equipment 
    selection shall comply with section 504.2.2.1 or section 504.2.2.2.
        504.2.2.1  Equipment covered by RS-20. The installed equipment type 
    shall have the lowest life-cycle cost of all the applicable equipment 
    included in table 404.1 of RS-20, when those equipment types have been 
    evaluated at the minimum equipment performance efficiency allowed by 
    table 404.1 of RS-20.
        504.2.2.2  Alternative approach. Any equipment that is at least as 
    life-cycle cost-effective as the equipment identified in section 
    504.2.2.1 may be installed.
        504.2.2.3  When either the selected equipment or the equipment 
    identified in table 404.1 of RS-20 to which it is compared provides 
    heating or cooling to the conditioned space of the building, in 
    addition to service water heating, the life-cycle cost comparison shall 
    be based on the combined life-cycle cost of providing service water 
    heating and heating or cooling service. Otherwise,
    
    [[Page 24192]]
    
    separate life-cycle cost comparisons shall be made.
        504.2.2.4  All such equipment shall be installed in accordance with 
    the manufacturer's instructions.
        504.3  Combination service water heating and space heating 
    equipment. Equipment shall not be used to serve both space heating and 
    service water heating unless: the annual space heating energy is less 
    than 50% of the annual service water heating energy; the energy input 
    or storage volume of the combined space heating equipment and water 
    heater is less than twice the energy input or storage volume of the 
    smaller of the separate space heating equipment or water heaters 
    otherwise required; or the input to the combined equipment is less than 
    43.95 kW (150,000 Btu/h).
        504.4  Heat traps. Water heaters with vertical pipe risers shall 
    have a heat trap installed on both the inlet and outlet of the water 
    heater unless the water heater has an integral heat trap or is part of 
    a circulating system.
        504.5  Automatic controls. Service water-heating systems shall be 
    equipped with automatic temperature controls capable of maintaining a 
    pre-selected temperature. The control shall be preselected to a 
    temperature of 60  deg.C (140  deg.F) or less.
        504.6  Shutdown. A separate switch shall be provided to permit 
    turning off the energy supplied to electric service water-heating 
    systems. A separate valve shall be provided to permit turning off the 
    energy supplied to the main burner(s) of all other types of service 
    water-heating systems.
        504.7  Pump operation. Circulating hot-water systems shall be 
    arranged so that the circulation pump(s) can be conveniently turned 
    off, automatically or manually, when the hot-water heater is not in 
    operation.
        504.8  Pipe insulation. For recirculating systems, piping heat loss 
    shall be limited to a maximum of 5.13 W (17.5 Btu/h) per linear foot of 
    pipe by insulating in accordance with table 504.8a. Table 504.8a is 
    based on a design temperature external to the system piping of 18.3 
    deg.C (65  deg.F) minimum. Lower design temperatures shall require 
    recalculation of the required piping insulation to limit heat loss to 
    the above amount.
        504.8.1  Exception. Piping insulation is not required when the heat 
    loss of the piping, without insulation, does not increase the annual 
    energy requirements of the building.
    
                                       Table 504.8a.--Minimum Pipe Insulation \2\                                   
                                             [Thickness in meters (inches)]                                         
    ----------------------------------------------------------------------------------------------------------------
                                                                              Pipe sizes \1\                        
                                                     ---------------------------------------------------------------
                                                      Noncirculating           Circulating mains and runouts        
      Service water heating  temperatures  deg.C (        runouts    -----------------------------------------------
                         deg.F)                      ----------------                                               
                                                       Up to 0.025 m   Up to 0.032 m   0.038-0.051 m   Over 0.051 m 
                                                          (1 in.)       (1.25 in.)      (1.5-2 in.)       (2 in.)   
    ----------------------------------------------------------------------------------------------------------------
    76.7-82.2 (170-180).............................     0.013 (0.5)     0.025 (1.0)     0.038 (1.5)     0.051 (2.0)
    60.0-71.1 (140-160).............................     0.013 (0.5)     0.013 (0.5)     0.025 (1.0)     0.038 (1.5)
    37.8-54.4 (100-130).............................     0.013 (0.5)     0.013 (0.5)     0.013 (0.5)    0.025 (1.0) 
    ----------------------------------------------------------------------------------------------------------------
    \1\ Nominal iron pipe size and insulation thickness.                                                            
    \2\ See footnote 3 from table 503.5.1a.                                                                         
    
    Sec. 435.505  Electrical power and lighting.
    
        505.1  Electrical energy consumption. Each separate dwelling unit 
    of multifamily residential buildings shall be individually metered.
        505.1.1  Exception. Transient facilities such as dormitories and 
    bachelors' quarters are exempt from the requirements of section 505.1.
        505.2  Lighting power budget. The lighting system of the non-
    dwelling portion of multi-family residences, such as common stairwells 
    and corridors, shall meet the applicable lighting provisions of RS-20.
    
    Subpart F--[Reserved]
    
    Subpart G--Radon Control
    
    
    Sec. 435.701  General.
    
        This subpart provides minimum requirements for the control of radon 
    from the ground and from construction materials associated with 
    buildings. This subpart does not provide requirements for the control 
    of radon from ground water or drinking water.
    
    
    Sec. 435.702  Scope.
    
        702.1  Building types. These radon control provisions apply to new 
    Federal residential buildings, additions to the foundations of such 
    buildings, and renovations to such buildings where the foundation wall 
    will be exposed.
        702.1.2  Exception. Three story multifamily residential buildings 
    that have dwelling units only on the third floor are exempt from the 
    requirements of this subpart.
        702.2  Building locations. This subpart applies to any new 
    construction located completely or partially in Zone 1 on the U.S. Map 
    of Radon Zones as specified in Appendix table 702.2. This subpart shall 
    also apply when locally available data, or a radon potential map 
    derived from non-local data, indicate a particular site may have a 
    radon potential commensurate with that in Zone 1, although not listed 
    in Appendix table 702.2 as being in Zone 1.
        702.2.1  Exception. Where measured data collected at or near to the 
    proposed construction site, or a radon potential map derived from non-
    local data, indicate the construction site does not have a radon 
    potential commensurate with that in Zone 1, the provisions of this 
    subpart shall not apply.
    
    
    Sec. 435.703  Compliance.
    
        703.1  General. Buildings located in areas classified as Zone 1 as 
    defined in section 702.2 shall comply with the design and construction 
    requirements provided in section 707.
        703.2  Long-term testing. Starting within 30 days after occupancy, 
    the building shall be tested for an integration period no less than six 
    months in accordance with RS-26. If the radon level is at or above 4 
    pCi/L, the radon ventilation system shall be activated in accordance 
    with RS-27 within one month of the completion of testing.
        703.3  Short-term testing. Short-term testing shall be performed 
    and concluded within 30 days of occupancy for an integration period no 
    less than 7 days in accordance with RS-26. If the radon level is at or 
    above 20 pCi/L, a second short-term test shall be performed for a 
    minimum of 7 days beginning at the conclusion of the first short-term 
    test. If the average of the two
    
    [[Page 24193]]
    
    tests exceeds 20 pCi/L, the radon ventilation system shall be 
    activated.
        703.4  Follow-up testing.
        703.4.1  Radon testing; short-term. If the ventilation system has 
    been activated in response to long-term or short-term testing, 
    additional radon testing shall be completed within 10 days of system 
    activation for a minimum integration period of two days. If the test 
    results exceed 4 pCi/L, additional radon mitigation measures shall be 
    performed. After mitigation, any further testing shall be performed.
        703.4.2  Radon testing; long-term. If the results of short-term 
    testing performed under section 703.4.1 are 4 pCi/L or less, the long-
    term testing required under section 703.2 shall be re-initiated upon 
    conclusion of the short-term test for an integration period no less 
    than 6 months. If the test results exceed 4 pCi/l, additional radon 
    mitigation shall be performed. After mitigation, any further testing 
    shall be performed.
        703.4.3  Backdrafting testing. If the ventilation system has been 
    activated in response to long-term or short-term testing, additional 
    backdrafting testing shall be performed, in accordance with the 
    provisions of section 503.5.9.1, within 30 days of system activation.
        703.5  Reporting of test results. All radon test results shall be 
    reported to the Deputy Assistant Secretary for Building Technologies 
    (EE-40) at the U.S. Department of Energy, Washington, DC 20585.
        703.6  Ventilation fan alarm. If the radon ventilation fan has been 
    activated in response to testing under this section, a visual 
    indication of fan operation, or an alarm indicating fan failure, shall 
    be installed within the living space of the dwelling unit.
    
    
    Sec. 435.704  Alternative systems.
    
        The requirements of this subpart are not intended to preempt, 
    preclude, or restrict the application or use of alternative materials, 
    systems, or construction practices. Alternative materials, systems, or 
    methods of construction shall be acceptable when they can be shown to 
    yield radon control equivalent to that required herein. To be 
    considered equivalent, a radon level below 4 pCi/L shall be 
    demonstrated through long-term testing conducted on a similar building 
    (design with similar environmental conditions and operational 
    schedules) located in the same radon potential zone, using the proposed 
    alternative approaches. Any alternative system is still subject to the 
    testing and reporting requirements of section 703.
    
    
    Sec. 435.705  Conflict with other standards, codes, or regulations.
    
        The provisions of this subpart are not intended to conflict with 
    other health and safety provisions of any other applicable standards, 
    codes, or regulations. When a conflict occurs, the requirement with the 
    greater positive impact on the health and safety of the building 
    occupants shall prevail.
    
    
    Sec. 435.706  Qualification of testers and installers.
    
        Active radon control systems shall be designed and installed by 
    individuals who are state-certified as radon mitigation contractors or 
    by an individual listed in the EPA Radon Contractor Proficiency 
    Program. All radon testing shall be performed or supervised by 
    individuals who are state-certified as radon measurement contractors or 
    are listed in the EPA Radon Contractor Proficiency Program.
    
    
    Sec. 435.707  Design and construction requirements.
    
        707.1  Slab-on-grade foundations and slab-below-grade floor 
    assemblies.
        707.1.1  Subfloor preparation. A 0.089 m (4-in.) thick layer of 
    clean graded sand overlain by a continuous layer or strips of 
    geotextile drainage matting designed to allow the lateral flow of soil 
    gas, or clean aggregate passing through a 0.051-m (2-in.) sieve and 
    retained on a 6.4 mm (\1/4\-in.) sieve, shall be placed under all 
    concrete slabs and other floor systems (such as treated-wood floors on 
    ground) that directly contact the ground and are within the walls of 
    the living spaces of the building.
        707.1.2  Sub-slab membrane.
        707.1.2.1  Application. A 6-mil (or 3-mil cross-laminated) 
    polyethylene or equivalent flexible sheeting material shall be placed 
    on top of the subfloor prior to casting the slab or placing the floor 
    assembly. The sheeting shall cover the entire floor area with separate 
    sections of sheeting overlapped at least 0.305 m (12 in.). The sheeting 
    shall extend to within 13 mm (\1/2\ in.) of all pipes, wires, or other 
    penetrations of the material.
        707.1.2.2  Sealing. All seams, lap joints, penetrations, punctures, 
    tears, and other disturbances of the continuity of the sub-slab 
    membrane shall be sealed with mastic or tape compatible with the 
    membrane material. Paper or cloth tape shall not be used. Where 
    additional pieces of membrane material are used for sealing, the piece 
    shall overlap the discontinuity a minimum of 12 inches on all sides and 
    shall be sealed with mastic or tape.
        707.1.3  Concrete floor slabs. Concrete floor slabs shall be 
    designed, mixed, placed, reinforced, consolidated, finished, and cured 
    in accordance with RS-28.
        707.1.3.1  Stakes. The use of grade or support stakes which 
    penetrate the subslab membrane shall be avoided. Permanent and/or 
    temporary concrete blocks or screed chairs may be used. Where stakes 
    are used to support plumbing pipes, electrical conduits, or other 
    objects which penetrate the slab, they shall be sealed to the slab in 
    accordance with section 707.1.4. These stakes shall be solid or have 
    the upper end sealed tightly by installation of an end cap designed to 
    provide a gas-tight seal. Support stakes shall be of non-porous 
    material resistant to decay, corrosion and rust.
        707.1.4 Sealing of floor slabs.
        707.1.4.1 Openings. Openings through concrete slabs, wood, or other 
    floor assemblies which provide a direct path to exposed soil (such as 
    spaces around bathtub, shower, or toilet drains) shall be filled or 
    closed with non-shrink mortar, grout, expanding foam, polyurethane 
    caulk, elastomeric sealant, or other similar material designed for such 
    application that adheres to the surrounding material and remains 
    flexible. Where large work spaces are formed into a slab, such as 
    beneath a bath tub drain, the exposed soil shall be fully covered with 
    a solvent-based plastic roof cement or other material, to a minimum 
    depth of 1 inch.
        707.1.4.2 Penetrations. Gaps around pipe, wire, or other objects 
    that penetrate concrete slabs, wood, or other floor assemblies shall be 
    made airtight with an elastomeric joint sealant as defined in RS-29 and 
    applied in accordance with RS-30 and the sealant manufacturer's 
    installation instructions.
        707.1.4.3 Joints. All control joints, isolation joints, 
    construction joints, and other joints in concrete slabs or between 
    slabs and foundation walls shall be sealed. A continuous formed gap 
    (for example, a ``tooled edge''), which allows for the application of a 
    sealant that will provide a continuous, airtight seal, shall be created 
    along all joints. When the slab has cured, the gap shall be cleared of 
    loose material and filled with an elastomeric joint sealant as 
    described in section 707.1.4.2.
        707.1.4.4 Cracks. Cracks in the field of a slab with widths greater 
    than 1.59 mm (\1/16\ in.) shall be routed to a recess with minimum 
    dimensions of 6.35 mm (\1/4\ in.) by 6.35 mm (\1/4\ in.) and sealed 
    with an approved sealant.
        707.1.5 Foundation walls.
        707.1.5.1 Concrete and masonry. Below-grade concrete and masonry 
    foundation walls shall be water-proofed. Where basements are 
    constructed with
    
    [[Page 24194]]
    
    hollow block masonry, the exterior walls shall be covered with 6-mil 
    minimum polyethylene sheeting, extending from the finished grade to 
    cover the joint with the footing. Hollow block masonry walls shall be 
    constructed with one continuous course of solid masonry, masonry that 
    is grouted solid, or a solid concrete beam; the continuous course shall 
    be located at or above finished grade. Where a brick veneer or other 
    masonry ledge is installed, the course immediately below that ledge 
    shall be sealed in the same manner.
        707.1.5.2 Wood. Pressure-treated wood foundations shall be 
    constructed, installed, and water-proofed in accordance with RS-31.
        707.1.5.3 Joints and penetrations. Joints, cracks, or other 
    openings around all below-grade penetrations or wall ties shall be 
    sealed airtight with an elastomeric sealant on both the inside and 
    outside surfaces of the foundation wall.
        707.2 Crawl spaces.
        707.2.1 Openings. Openings around all penetrations of those 
    building assemblies that separate crawl spaces from habitable space 
    shall be sealed to prevent air leakage. Means of egress and ingress 
    between habitable spaces and crawl spaces, such as hatches or access 
    doors, shall be sealed or gasketed to prevent air leakage.
        707.2.2 Ventilation. Crawl spaces shall be provided with at least 
    0.0929 m\2\ (1 ft\2\) net free area of ventilation openings for each 
    27.9 m\2\ (300 ft\2\) of crawl space area. Such vents shall be through 
    the exterior wall and be of noncloseable design.
        707.2.3  Ground cover. The soil in crawl spaces shall be cleaned of 
    all vegetation and organic matter and covered with a continuous layer 
    of 6-mil thick polyethylene sheeting or an equivalent membrane 
    material. The sheeting shall be lapped at least 0.305 m (12 in.) at 
    joints. All seams, joints, penetrations, punctures, and tears in the 
    ground cover membrane shall be sealed in accordance with section 
    707.1.2.2. The membrane shall fully cover the floor and abut to the 
    foundation walls or footings.
        707.3  Vent system.
        707.3.1  Passive sub-membrane depressurization system for crawl 
    space construction. One continuous, uninterrupted vent pipe, sealed 
    permanently gas-tight at joints, at least 0.064 m (3 in.) in diameter, 
    and meeting the provisions of RS-32 or RS-33 shall be provided to vent 
    the soil in the crawl space. The vent pipe shall be connected to a 
    plumbing ``T'' fitting and inserted between the membrane and the soil 
    such that the ``T'' fitting rests on the ground and its openings are 
    completely below the membrane. A minimum of five feet of perforated 
    drain pipe of three inches minimum diameter shall join to and extend 
    from each opening of the ``T.'' The pipe perforations shall be parallel 
    to the plane of the ground and shall not be capped at the ends. The 
    ``T'' and its perforated extensions shall be located at least 1.52 m (5 
    ft) and no more than 5.49 m (18 ft) (measured in a horizontal plane) 
    from the exterior perimeter of the crawlspace area. The vent pipe shall 
    terminate above the roof as required in section 707.3.4. The vent pipe 
    shall have a maximum of 3 elbow or tee fittings between the sub-
    membrane fitting and the roof termination.
        707.3.2  Passive sub-slab depressurization system for basement 
    floor and slab-on-grade foundation construction. A minimum of one 
    continuous, uninterrupted vent pipe, sealed permanently gas-tight at 
    joints, at least 0.64 m (3 in.) in diameter, and meeting the provisions 
    of RS-32 or RS-33 shall be provided to vent the soil below the floor 
    slab. The vent pipe shall have a plumbing ``T'' fitting of the same 
    diameter at one end that shall be placed into the subslab aggregate or 
    other permeable material before the slab is poured. The ``T'' fitting 
    openings shall be completely below the sub-slab membrane. Each subslab 
    termination of the vent pipe shall serve no more than 232 m\2\ (2500 ft 
    \2\) of slab floor area. The ``T'' fittings shall be located at least 
    five feet and no more than 5.49 m (18 ft) (measured in a horizontal 
    plane) from the exterior perimeter of the foundation. The pipe shall 
    terminate above the roof as required in section 707.3.4. The vent pipe 
    shall have a maximum of 3 elbow or tee fittings between the sub-slab 
    fitting and the roof termination.
        707.3.2.1  Multiple suction points. Where a single residence has 
    multiple floor slabs, floor slabs in excess of 232 m\2\ (2500 ft \2\), 
    or floor slabs that are provided and separated by interior footings or 
    other barriers to the lateral flow of subslab soil gas, additional vent 
    pipes shall be installed to ensure that all subslab areas are 
    ventilated. Such pipes shall run independently and terminate as 
    required in section 707.3.4 or shall be manifolded in an accessible 
    location and connected to a single vent terminating above the roof as 
    required in section 707.3.4. Each vent pipe, even if manifolded, shall 
    have a maximum of 3 elbow or tee fittings between the sub-slab fitting 
    and the corresponding roof termination.
        707.3.2.2  Exceptions. A sealed slab sump exposed to the sub-slab 
    aggregate, or internal drain tile loops that are stubbed up through the 
    slab, either of which is in turn connected to a vent pipe extending 
    vertically and terminating above the roof as required in section 
    707.3.4, are exempt from the requirements of section 707.3.2.
        707.3.3  Combination construction. In combination basement/crawl 
    space or slab-on-grade/crawl space construction, the vent systems 
    required by sections 707.3.1 or 707.3.2 shall be separate systems or 
    manifolded in an accessible location and connected to a single vent 
    terminating above the roof as required in section 707.3.4.
        707.3.4  Vent pipe termination. The vent pipe shall run through the 
    conditioned part of the house to the greatest extent possible and shall 
    not be located within an external wall. A portion of the vent pipe 
    shall be accessible in the attic or other area outside of the habitable 
    space. The vent pipe shall be labeled ``RADON REDUCTION SYSTEM'' in 
    0.051-m (2-in.) high black letters on a yellow band on each floor level 
    where the vent pipe(s) is exposed and visible. The vent pipe shall be 
    installed with a minimum slope of 3.18 mm (\1/8\-in.) per 0.305 m (ft) 
    to drain rainwater or condensate by gravity to the soil. The vent pipe 
    shall terminate in a vertical section that extends at least 0.305 m (12 
    in.) above the surface of the roof. The termination point shall be at 
    least 3.05 m (10 ft) away from any window or other opening into the 
    building's conditioned space that is less than 0.610 m (2 ft) below the 
    termination point. The termination point shall be at least 3.05 m (10 
    ft) from any adjoining or adjacent buildings.
        707.3.5  Electrical service. An approved electrical junction box 
    rated for a 20 amp feed to an external device shall be installed within 
    20 feet of that portion of the vent pipe in the attic or other area 
    outside of the habitable space identified in section 707.3.4.
        707.4  Plumbing system interconnections.
        707.4.1  Drains. Floor drains shall be trapped and connected to the 
    building's sanitary drain system. Condensate drains serving cooling 
    coils shall terminate outside the building to daylight or to a floor 
    drain, plumbing fixture, sump, or other approved location.
        707.4.2  Sumps. Sumps open to soil or serving as the termination 
    point for subslab or exterior drain tile loops shall be tightly 
    covered. When serving as a floor drain, the sump lid shall be equipped 
    with a trapped inlet.
        707.5  HVAC system interconnections.
    
    [[Page 24195]]
    
        707.5.1  Air-handling units. Air-handling units shall not be 
    located in crawl spaces or other areas exposed to soil gas.
        707.5.1.1  Exception. When the air-handler is sealed so as to 
    preclude the circulation of air from the area exposed to soil gas.
        707.5.2  Ducts. Air-handling ducts exposed to soil gas shall be 
    made permanently airtight by sealing in accordance with section 
    503.5.7. Ducts shall not be installed beneath slabs.
        707.5.3  Plenums. Air circulation plenums shall not be located in 
    crawl spaces or in other construction assemblies directly exposed to 
    soil gas. Any plenum assembly shall be made permanently airtight by 
    sealing in accordance with section 503.5.7.
    
    Subpart H--Standards
    
    
    Sec. 435.801  Reference standards.
    
        801.1  The standards, and portions thereof, which are referred to 
    in various sections, paragraphs, and subparagraphs of this part shall 
    be considered a part of this part.
    
    ------------------------------------------------------------------------
       Code standard No.                     Title and source               
    ------------------------------------------------------------------------
    RS-1...................  National Fenestration Rating Council 100-91,   
                              Procedure for Determining Fenestration Product
                              Thermal Properties, National Fenestration     
                              Rating Council, 1300 Spring St., Suite 120,   
                              Silver Spring, MD 20910.                      
    RS-2...................  ANSI/ASHRAE 55-1992, Thermal Environmental     
                              Conditions for Human Occupancy, American      
                              Society of Heating, Refrigerating, and Air-   
                              Conditioning Engineers Inc. 1791 Tullie       
                              Circle, N.E., Atlanta, GA 30329-2305.         
    RS-3...................  ANSI/ASHRAE Standard 62-1989, Ventilation for  
                              Acceptable Indoor Air Quality, American       
                              Society of Heating, Refrigerating, and Air-   
                              Conditioning Engineers, Inc. 1791 Tullie      
                              Circle, N.E., Atlanta, GA 30329-2305.         
    RS-4...................  1993 ASHRAE Handbook of Fundamentals, American 
                              Society of Heating, Refrigerating, and Air-   
                              Conditioning Engineers, Inc., 1791 Tullie     
                              Circle, N.E., Atlanta, GA 3 0329-2305.        
    RS-5...................  ASTM E 779-87, Standard Test Method for        
                              Determining Air Leakage Rate by Fan           
                              Pressurization, American Society for Testing  
                              and Materials, 1916 Race Street, Philadelphia,
                              PA 19103.                                     
    RS-6...................  1992 ASHRAE HVAC Systems and Equipment         
                              Handbook, American Society of Heating,        
                              Refrigerating, and Air-Conditioning Engineers,
                              Inc., 1791 Tullie Circle, N.E., Atlanta, GA   
                              30329-2305.                                   
    RS-7...................  ASHRAE, Energy Calculations I: Procedures for  
                              Determining Heating and Cooling Loads for     
                              Computerizing Energy Calculations, Algorithms 
                              for Building Heat Transfer Subsystems, 1975,  
                              American Society of Heating, Refrigerating,   
                              and Air-Conditioning Engineers, Inc., 1791    
                              Tullie Circle, N.E., Atlanta, GA 30329-2305.  
    RS-8...................  BuilderGuide Energy Analysis Software for      
                              Homebuilders, Passive Solar Industries        
                              Council, Passive Solar Industries Council,    
                              1511 K. Street N.W., Suite 600, Washington, DC
                              20005.                                        
    RS-9...................  ASTM C 177-85, Standard Test Method for Steady-
                              State Heat Flux Measurements and Thermal      
                              Transmission Properties by Means of the       
                              Guarded-Hot-Plate Apparatus, American Society 
                              for Testing and Materials, 1916 Race Street,  
                              Philadelphia, PA 19103.                       
    RS-10..................  ASTM C 518-91, Standard Test Method for Steady-
                              State Heat Flux Measurements and Thermal      
                              Transmission Properties by Means of the Heat  
                              Flow Meter Apparatus, American Society for    
                              Testing and Materials, 1916 Race Street,      
                              Philadelphia, PA 19103.                       
    RS-11..................  ASTM C 236-89, Standard Test Method for Steady-
                              State Thermal Performance of Building         
                              Assemblies by Means of a Guarded-Hot-Box,     
                              American Society for Testing and Materials,   
                              1916 Race Street, Philadelphia, PA 19103.     
    RS-12..................  ASTM C 976-90, Standard Test Method for Thermal
                              Performance of Building Assemblies by Means of
                              a Calibrated Hot Box, American Society for    
                              Testing and Materials, 1916 Race Street,      
                              Philadelphia, PA 19103.                       
    RS-13..................  1988 Builder's Foundation Handbook. U.S.       
                              Department of Energy, Office of Scientific and
                              Technical Information, P.O. Box 62, Oak Ridge 
                              TN 37831-9939.                                
    RS-14..................  ASTM E 96-94, Standard Test Methods for Water  
                              Vapor Transmission of Materials, American     
                              Society for Testing and Materials, 1916 Race  
                              Street, Philadelphia, PA 19103.               
    RS-15..................  ASTM E 283-91, Standard Test Method for        
                              Determining the Rate of Air Leakage Through   
                              Exterior Windows, Curtain Walls and Doors     
                              Under Specified Pressure Differences Across   
                              the Specimen, American Society for Testing and
                              Materials, 1916 Race Street, Philadelphia, PA 
                              19103.                                        
    RS-16..................  ANSI/NWWDA I.S.2-87, Industry Standard for Wood
                              Window Units, National Wood Window and Door   
                              Association, 1400 Touhy Ave., Des Plaines, IL 
                              60018.                                        
    RS-17..................  ANSI/AAMA 101-93, Voluntary Specifications for 
                              Aluminum and Poly (Vinyl Chloride) (PVC) Prime
                              Windows and Glass Doors, American             
                              Architectural Manufacturers Association, Des  
                              Plaines, IL 60018.                            
    RS-18..................  ASTM D 4099-93, Standard Specification for PVC 
                              Prime Windows/Sliding Glass Doors, American   
                              Society for Testing and Materials 1916 Race   
                              Street, Philadelphia, PA 19103.               
    RS-19..................  NWWDA I.S.3-88, Industry Standard for Wood     
                              Sliding Patio Doors, National Wood Window and 
                              Door Association, 1400 Touhy Ave., Des        
                              Plaines, IL 60018.                            
    RS-20..................  Energy Code for Commercial and High-Rise       
                              Residential Buildings--Codification of ASHRAE/
                              IESNA 90.1-1989, Energy Efficient Design of   
                              New Buildings Except Low-Rise Residential     
                              Buildings, American Society of Heating,       
                              Refrigerating, and Air-Conditioning Engineers,
                              Inc., 1791 Tullie Circle, N.E., Atlanta, GA   
                              30329-2305.                                   
    RS-21..................  SMACNA, Installation Standards for Residential 
                              Heating and Air Conditioning Systems, Sixth   
                              Edition, 1988, Sheet Metal and Air            
                              Conditioning Contractors Nat'l Assoc., 4201   
                              Lafayette Center, Dr., Chantilly, VA 22021-   
                              1209.                                         
    RS-22..................  SMACNA, HVAC Duct Construction Standards--Metal
                              and Flexible, First Edition, 1985, Sheet Metal
                              and Air Conditioning Contractors Nat'l Assoc.,
                              4201 Lafayette Center, Dr., Chantilly, VA     
                              22021-1209.                                   
    RS-23..................  SMACNA Fibrous Glass Duct Construction         
                              Standards, 6th Edition, Washington, D.C.,     
                              1992, Sheet Metal and Air Conditioning        
                              Contractors Nat'l Assoc. 4201 Lafayette       
                              Center, Dr., Chantilly, VA 22021-1209.        
    RS-24..................  NAIMA Fibrous Glass Duct Construction          
                              Standards, 1989 Edition, North American       
                              Insulation Manufacturers Assoc., 44 Canal     
                              Center Plaza, Suite 310, Alexandria, VA 22314.
    RS-25..................  CGSB, The Spillage Test. CAN/CGSB-51.71-94,    
                              Canadian General Standards Board, 222 Queen   
                              Street, Suite 1402, Ottawa, Ontario, Canada   
                              K1A 1G6.                                      
    RS-26..................  EPA 402-R-92-003, Protocol for Radon & Radon   
                              Decay Product Measurements in Homes, United   
                              States Environmental Protection Agency,       
                              Washington, DC 20460.                         
    RS-27..................  EPA 402-R-93-078, Radon Mitigation Standards,  
                              United States Environmental Protection Agency,
                              Washington, DC 20460.                         
    RS-28..................  ACI Standard 302.1R-89, Guide for Concrete     
                              Floor and Slab Construction, American Concrete
                              Institute, P.O. Box 19150, Redford Station,   
                              Detroit, MI 48219.                            
    
    [[Page 24196]]
    
                                                                            
    RS-29..................  ASTM C 920-94, Standard Specification for      
                              Elastomeric Joint Sealant, American Society   
                              for Testing and Materials, 1916 Race Street,  
                              Philadelphia, PA 19103.                       
    RS-30..................  ASTM C 1193-91, Standard Guide for Use of Joint
                              Sealants, American Society for Testing and    
                              Materials, 1916 Race Street, Philadelphia, PA 
                              19103.                                        
    RS-31..................  Permanent Wood Foundation Design and           
                              Construction Guide, Southern Pine Council,    
                              Southern Pine Council, P.O. Box 641700,       
                              Kenner, LA 70064.                             
    RS-32..................  ASTM D 2665-94, Standard Specification for PVC 
                              Plastic Drain, Waste, and Vent Pipe and       
                              Fittings, American Society for Testing and    
                              Materials, 1916 Race Street, Philadelphia, PA 
                              19103.                                        
    RS-33..................  ASTM D 2661-94A, Standard Specification for ABS
                              Plastic Drain, waste, and Vent Pipe and       
                              Fittings, American Society for Testing and    
                              Materials, 1916 Race Street, Philadelphia, PA 
                              19103.                                        
    RS-34..................  Analysis of Options for EPA's Model Standards  
                              for Controlling Radon in New Homes, United    
                              States Environmental Protection Agency,       
                              Washington, DC 20460.                         
    ------------------------------------------------------------------------
    
    Sec. 435.802  Abbreviations and acronyms used in reference standards.
    
    AAMA  American Architectural Manufacturers Association
    ACI  American Concrete Institute
    ACCA  Air Conditioning Contractors of America
    ANSI  American National Standards Institute, Inc.
    ARI  Air Conditioning and Refrigeration Institute
    ASHRAE  American Society of Heating, Refrigerating, and Air-
    Conditioning Engineers, Inc.
    ASTM  American Society for Testing and Materials
    CABO  Council of American Building Officials
    CGSB  Canadian General Standards Board
    OSTI  U.S. Department of Energy
    EPA  United States Environmental Protection Agency
    NWWDA  National Wood Window and Door Association
    NAIMA  North American Insulation Manufacturers Assoc.
    NFRC  National Fenestration Ratings Council
    PSIC  Passive Solar Industries Council
    SMACNA  Sheet Metal and Air Conditioning Contractors Nat'l Assoc.
    SPC  Southern Pine Council
    
    BILLING CODE 6450-01-P
    
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    [FR Doc. 97-10922 Filed 4-29-97; 8:45 am]
    BILLING CODE 6450-01-C
    
    
    

Document Information

Published:
05/02/1997
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking, public hearing, and request for public comment.
Document Number:
97-10922
Dates:
Written comments on the proposed rule (ten copies and, if possible, a computer disk containing the electronic file of these comments) must be received on or before July 14, 1997. A public hearing will be held in Washington, D.C., on June 5, 1997, beginning at 9:30
Pages:
24164-24209 (46 pages)
Docket Numbers:
Docket No. EE-RM-96-300
RINs:
1904-AA53: Energy Efficiency Code for New Federal Residential Low-Rise Buildings
RIN Links:
https://www.federalregister.gov/regulations/1904-AA53/energy-efficiency-code-for-new-federal-residential-low-rise-buildings
PDF File:
97-10922.pdf
CFR: (11)
10 CFR 435.505
10 CFR 435.701
10 CFR 435.702
10 CFR 435.703
10 CFR 435.704
More ...