[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17259]


[[Page Unknown]]

[Federal Register: July 15, 1994]


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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Docket No. EE-RM-94-210]

 

Building Energy Standards Program: Updating State Building Codes 
Regarding Energy Efficiency

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy (DOE).

ACTION: Notice.

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SUMMARY: Pursuant to section 304 of the Energy Conservation and 
Production Act, the Department of Energy (DOE or Department) is 
announcing guidance and procedures for the use of States concerning 
their review of the energy-related provisions of their residential 
building codes in light of the relevant version of the Council of 
American Building Officials' Model Energy Code (Model Energy Code), and 
of their commercial building codes in light of the American Society of 
Heating, Refrigerating and Air Conditioning Engineers/Illuminating 
Engineering Society of North America Standard 90.1-1989 (Standard 90.1-
1989). The guidance and procedures cover Certifications, Statements of 
Reasons and Requests for Extensions of Deadlines from States pursuant 
to section 304.
    In addition, the Department today determines that the Model Energy 
Code, 1993 compared to the Model Energy Code, 1992 would achieve 
greater energy efficiency in residential buildings. Consequently, 
States should review their residential building codes during the next 
two years using the Model Energy Code, 1993 as the standard.

DATES: Certifications or Statements of Reasons with regard to Model 
Energy Code, 1992 are due October 24, 1994. Certifications or 
Statements of Reasons with regard to Model Energy Code, 1993 are due 
two years from the publication of this notice. Certifications with 
regard to Standard 90.1-1989 are due October 24, 1994.

ADDRESSES: Certifications, Statements of Reasons, and Requests for 
Extensions of Deadlines for Certification Statements by States should 
be directed to the Assistant Secretary for Energy Efficiency and 
Renewable Energy, Office of Codes and Standards, Mail Station EE-43, 
1000 Independence Avenue, Washington, DC 20585. Envelopes or packages 
should be labeled, ``State Certification of Building Codes Regarding 
Energy Efficiency.''

FOR FURTHER INFORMATION CONTACT: Stephen P. Walder, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Forrestal 
Building, Mail Station EE-432, 1000 Independence Avenue, SW., 
Washington, DC 20585, Phone: 202-586-9209, FAX: 202-586-4617.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Statutory Requirements

    Title III of the Energy Conservation and Production Act of 1976, as 
amended (Act) establishes mandated requirements for the Building Energy 
Standards Program. 42 U.S.C. 6831-6837. The Act applies to all State 
building codes which by definition includes the codes of units of 
general purpose local government. 42 U.S.C. 6832. As stated in the Act, 
the term ``State'' is defined to include the District of Columbia, the 
Commonwealth of Puerto Rico, any territory and possession of the United 
States, as well as the 50 States.
    1. Residential Building Codes. Under the Act, each State, not later 
than two years after the enactment of the Energy Policy Act of 1992 
(October 24, 1992), is required to certify to the Secretary of Energy 
(Secretary) that it has reviewed the provisions of its residential 
building code regarding energy efficiency and made a determination as 
to whether it is appropriate for such State to revise its residential 
building code provisions to meet or exceed the Model Energy Code, 1992 
or any successor of such code that improves energy efficiency. The 
determination is to be: (1) made after public notice and hearing; (2) 
made in writing; (3) based on findings included in such determination 
and evidence presented at the hearing; and (4) available to the public. 
42 U.S.C. 6833(a)(1), (a)(2). In addition, if a State makes a 
determination that it is not appropriate to revise its residential 
building code, the State is required to submit to the Secretary, in 
writing, the reasons for the determination which is to be made 
available to the public. 42 U.S.C. 6833(a)(4).
    Furthermore, whenever the Model Energy Code, 1992, or any successor 
to such code is revised, the Secretary is required to make a 
determination, not later than 12 months after such revision, whether 
such amendment would improve the energy efficiency of residential 
buildings and to publish notice of such determination in the Federal 
Register. If the Secretary determines that the revision of Model Energy 
Code, 1992, or any successor thereof, improves the energy efficiency in 
residential buildings, then not later than two years after the date of 
the publication of such determination, each State is required to 
certify that it has reviewed the provisions of its residential building 
code regarding energy efficiency and made a determination as to whether 
it is appropriate for the State to revise its residential building 
code. 42 U.S.C. 6833(a)(5).
    As of the date that this notice was issued, only one State had 
submitted a certification with regard to the Model Energy Code, 1992.
    2. Commercial Building Codes. Under the Act, each State, not later 
than two years after enactment of the Energy Policy Act of 1992, is 
required to certify to the Secretary that it has reviewed and updated 
the provisions of its commercial building code regarding energy 
efficiency. The certification must include a demonstration that the 
State's code provisions meet or exceed the requirements of Standard 
90.1-1989. Whenever the provisions of Standard 90.1-1989, or any 
successor standard, are revised, the Secretary is required to make a 
determination, not later than 12 months after the date of such 
revision, whether such amendment would improve energy efficiency in 
commercial buildings and to publish notice of such determination in the 
Federal Register. 42 U.S.C. 6833(b)(1) and (b)(2). If the Secretary 
publishes an affirmative determination, then the States have up to 2 
years to review and update their commercial building codes accordingly. 
Id.
    3. Requests for Extension of Deadlines. The Act authorizes the 
Secretary to permit extensions of the deadlines for the certification 
requirements relative to both residential and commercial building 
codes, if the State can demonstrate that it has made a good faith 
effort to comply with the requirements and that it has made significant 
progress in doing so. 42 U.S.C. 6833(c).

II. Discussion

A. Updating Residential Building Codes Regarding Energy Efficiency

    1. Determination. As stated above, section 304(a)(2) requires each 
State to make a determination as to whether it is appropriate for such 
State to revise its residential building code regarding energy 
efficiency. The determination shall be: (1) made after public notice 
and hearing; (2) in writing; (3) based upon findings and upon the 
evidence presented at the hearing; and (4) made available to the 
public. The States have considerable discretion with regard to the 
hearing procedures they use, subject to providing an adequate 
opportunity for members of the public to be heard and to present 
relevant information. The Department recommends publication of any 
notice of public hearing in newspapers of general circulation.
    The Department realizes that some States do not have a State 
residential code or have a code that does not apply to all newly 
constructed residential buildings. If local building codes regulate 
residential building design and construction rather than a State code, 
the State must provide for review of those local codes and determine 
whether it is appropriate for each of its units of general purpose 
local government to revise the provisions of its residential building 
code regarding energy efficiency to meet or exceed the Model Energy 
Code. States may base their determinations and certifications on 
reasonable preliminary determinations by units of general purpose local 
government after they have held an adequate public hearing.
    States should be aware that high-rise multi-family residential 
buildings (greater than three stories) and hotel, motel, and other 
transient residential building types of any height have historically 
been treated for energy code purposes as commercial buildings. 
Consistent with the treatment of high-rise multi-family residential 
buildings and hotels, motels, and other transient residential building 
types in Standard 90.1-1989 as if they were commercial buildings, the 
Department is of the view that the energy efficiency requirements of 
building codes applicable to such buildings should be reviewed and 
updated by the States and units of general purpose local government 
pursuant to the Act as if they were commercial building code 
requirements. Consequently, residential buildings, for the purposes of 
certification, would include one- and two-family detached and attached 
buildings, townhouses, row houses, and low-rise multi-family buildings 
(not greater than three stories) such as condominiums and garden 
apartments.
    2. Certification. As stated above, section 304(a) requires each 
State to certify to the Secretary that it has reviewed the provisions 
of its residential building code regarding energy efficiency and made a 
determination as to whether it is appropriate for such State to revise 
the provisions of such residential building code to meet or exceed the 
Model Energy Code, 1992. The certification must be in writing. If a 
State intends to certify that its residential building code(s) already 
meet or exceed the requirements of the Model Energy code, 1992, it 
would be appropriate for the State to provide an explanation of the 
basis for this certification, e.g. the Model Energy Code, 1993, is 
incorporated by reference, the results of the Departments' comparative 
analysis or the results of an independent analysis. The Department 
believes that it would be appropriate for the chief executive of the 
State (e.g., the Governor) to designate a State official such as the 
Director of the State energy office, State code commission, utility 
commission, or equivalent having primary responsibility for residential 
building code promulgation and adoption to provide the certification to 
the Secretary, including certifications regarding the codes of units of 
general purpose local government based on information provided by 
responsible local officials.
    3. Statement of reasons. Section 304(a)(4) requires that if a State 
makes a determination that it is not appropriate to revise the energy 
efficiency provisions of its residential building code, the State is to 
submit to the Secretary, in writing, the reasons for this 
determination. The statement of reasons should define and summarize the 
pertinent issues and problems regarding its determination; and provide 
an explanation as to why the State came to its conclusion. If local 
building codes are applicable in the absence of a State code, the State 
may rely on reasons provided by the units of general purpose local 
government. Upon receipt, the Department will publish in the Federal 
Register a notice of availability, stating that a copy has been placed 
in its Freedom of Information Reading Room in the Forrestal Building in 
Washington, D.C., so that members of the public may inspect it.
    4. DOE Determination of Improved Energy Efficiency from a Revised 
Model Energy Code. At the beginning of 1993, the Council of American 
Building Officials published a new edition of the Model Energy Code. 
Differences between the two versions include: (1) the 1993 Edition 
incorporates the heating, ventilation, and air conditioning minimum 
energy efficiency standards requirements from Standard 90.1-1989 which 
includes the Department's appliance energy conservation regulations. 10 
CFR Part 430. (2) the 1993 Edition incorporates revised Uo\1\ 
values for walls; (3) the 1993 Edition includes revised air 
infiltration values for windows and doors; and (4) the 1993 Edition 
incorporated the air leakage requirements of Standard 90.1-1989.
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    \1\Uo = the area-weighted average thermal transmittance of 
the gross area of the building envelope; i.e., the exterior wall 
assembly including fenestration and doors, the roof and ceiling 
assembly, and the floor assembly, British thermal unit/(hour  x  
square feet  x  degrees Fahrenheit).
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    Based on the above, the Department has determined that the 1993 
update would improve the energy efficiency of residential building 
codes. Section 304(a)(5) of the Act provides for States to certify 
their codes [using the procedures in section 304(a)(2)] after reviewing 
them in light of a revised version of the Model Energy Code, such as 
the 1993 update, not later than two years from the Department's 
determination that the revised version would improve energy efficiency. 
With regard to the Model Energy Code, 1993, that period for revision 
begins today.
    As noted above, only one State has submitted a certification with 
regard to its residential building code as of the date that this notice 
was issued. States that have not yet made substantial progress in 
reviewing the energy efficiency provisions of their residential 
building codes may wish to review and certify their codes in light of 
the Model Energy Code, 1993. If a State is able to complete its review 
and certification with regard to the Model Energy Code, 1993 on or 
before October 24, 1994, there is no need to separately review and 
certify with respect to the Model Energy Code, 1992. States that have 
made substantial progress in reviewing the energy efficiency provisions 
of their residential building codes in light of the Model Energy Code, 
1992 may wish to complete their review and submit an appropriate 
certification by the October 24, 1994 statutory deadline before 
considering the Model Energy Code, 1993.

B. State Certification and Demonstration Regarding Updating of 
Commercial Building Codes

    1. Certification. Section 304(b) requires that not later than 
October 24, 1994 each State shall certify in writing to the Secretary 
that it has reviewed and updated the provisions of its commercial 
building code regarding energy efficiency. The certification is 
required to include a demonstration that the commercial building code 
provisions regarding energy efficiency meet or exceed the requirements 
of Standard 90.1-1989. As discussed in section A herein, commercial 
buildings include hotels, motels and other transient buildings of any 
height as well as high-rise (greater than three stories) multi-family 
residential buildings (such as apartments and condominiums).
    The Department believes that it would be appropriate for the chief 
executive of the State (e.g., the Governor) to designate a State 
official such as the Director of the State energy office, State code 
commission, utility commission or equivalent having primary 
responsibility for commercial building code promulgation and adoption 
to provide the certification to the Secretary. The Department realizes 
that some States do not have a State commercial code or have a code 
that does not apply to all newly constructed commercial buildings. 
Where local building codes regulate commercial building design and 
construction rather than a State code, the State must provide for the 
review and updating of those codes regarding energy efficiency to meet 
or exceed Standard 90.1-1989. With respect to local building codes, 
States may base their review and update on reasonable preliminary 
review and certifications presented to the State by its units of 
general purpose local government.
    2. Demonstration. It would be appropriate for the demonstration to 
include a copy of the State and local government (if applicable) 
commercial building codes regarding energy efficiency or copies of 
legislation or regulations adopting either Standard 90.1-1989, or the 
codified version of Standard 90.1-1989, by reference or incorporation 
into its State or local building codes. If a State has not adopted 
Standard 90.1-1989 by reference or incorporation, it would be 
appropriate to include an analysis showing that its code meets or 
exceeds Standard 90.1-1989, or the State could accept the conclusions 
provided the State by the Department in its comparative analysis of the 
State code relative to Standard 90.1-1989 as a part of the technical 
assistance provided under section 304(d). In conjunction with the 
effort to update its residential building code, States should be aware 
that the Model Energy Code, 1993 adopts Standard 90.1-1989 by reference 
for commercial and high-rise residential buildings. As such, State 
adoption of the Model Energy Code, 1993 would automatically satisfy the 
Act as it relates to commercial buildings.
    Demonstrations for local government building codes may be based on 
reasonable preliminary review and analyses presented to the State by 
its units of general purpose local government.

C. Request for Extensions

    Section 304(c) of the Act requires that the Secretary permit 
extensions of the deadlines for the certification requirements under 
sections 304(a) and (b) if a State can demonstrate that it has made a 
good faith effort to comply with such requirements and that it has made 
significant progress toward meeting the provisions of section 304. Such 
demonstrations could include one or more of the following: (1) a plan 
for response to the requirements stated in section 304; (2) a statement 
that the State has appropriated or requested funds (within State 
funding procedures) to implement a plan that would respond to the 
requirements of section 304; or (3) a notice of public hearing.
    States should submit separate requests for extension of deadlines 
for their residential and the commercial building code certifications.

D. Submittals

    When submitting any of the above-described documents in this 
notice, the Department requests that the original documents be 
accompanied by one copy of the same.

    Issued in Washington, DC, on June 7, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 94-17259 Filed 7-14-94; 8:45 am]
BILLING CODE 6450-01-P