[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Notices]
[Pages 1964-1970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-742]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Building Energy Standards Program: Determinations Regarding
Energy Efficiency Improvements in the 1998 and the 2000 International
Energy Conservation Codes for Residential Buildings
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy (DOE).
ACTION: Notice.
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SUMMARY: The Department of Energy (DOE or Department) today determines
that the 1998 version of the International Code Council (ICC)
International Energy Conservation Code (IECC) would achieve greater
energy efficiency in low-rise residential buildings than the 1995
version of the Council of American Building Officials Model Energy Code
( MEC). Also, DOE determines that the 2000 version of the IECC would
achieve greater energy efficiency than the 1998 IECC. As a result of
these determinations, in accordance with the provisions of the Energy
Policy Act of 1992, States are required to file certification
statements to DOE about how their own residential building codes
compare to the IECC codes regarding energy efficiency. This Notice
provides guidance to States on how the codes have changed from previous
versions, how to submit certifications, and how to request extensions
of the deadline to submit certifications.
DATES: Certifications or requests for extensions of deadlines with
regard to the 1998 and the 2000 International Energy Conservation Codes
are due at DOE on or before January 10, 2003.
ADDRESSES: Certifications or requests for extensions of deadlines
should be directed to the Assistant Secretary for Energy Efficiency and
Renewable Energy, Office of Building Research and Standards, Mail
Station EE-41, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Envelopes or packages should be labeled, ``State Certification of
Residential Building Codes Regarding Energy Efficiency''.
FOR FURTHER INFORMATION CONTACT: Christopher Early, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Forrestal
Building, Mail Station EE-41, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121, Phone: 202-586-0514, FAX: 202-586-4617.
SUPPLEMENTARY INFORMATION:
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I. Introduction
A. Statutory Requirements
B. Background
C. DOE's Determination Statement
II. Discussion of Changes in the 1998 IECC compared with the 1995
MEC
A. Major Changes in the 1998 IECC that Improve Energy Efficiency
1. Solar Heat Gain Coefficient for Glazed Products in Certain
Climates
2. U-Factor for Replacement Windows
B. Minor Changes in the 1998 IECC that Improve Energy Efficiency
1. Air Infiltration for Manufactured Doors and Windows
2. Heat Traps for Water Heaters
3. Use of Compliance ``Tools''
4. Tables for Compliance by Prescriptive Specification
5. Insulation of Skylight Shafts
6. Access Openings in Floors, Walls, and Ceilings
C. Changes in the 1998 IECC that Decrease Energy Efficiency
1. Prescriptive Thermal Envelope Criteria for Certain Additions
2. Revised Default U-factors for Glazed Products
D. Conclusion
III. Discussion of Changes in the 2000 IECC compared with the 1998
IECC
A. Changes in the 2000 IECC that Improve Energy Efficiency and
Compliance with the Code
1. Protection of Above-grade Foam Insulation
2. Solar Heat Gain Coefficient for Additions and Replacement
Windows
3. Construction Documents
4. Definition of Roofs and Skylights
5. Treatment of Partially Glazed Doors
6. Use of Prescriptive Specification Compliance Tables with Steel-
Framed and Masonry Walls
B. Changes in the 2000 IECC that Decrease Energy Efficiency
1. Increase in U-value for Replacement Skylights
2. Simplified IECC Chapter for Some Buildings
C. Conclusion
IV. Filing Certification Statements with DOE
A. State Determination
B. State Certifications to DOE
C. State Determination Not to Revise Its Residential Building
Code
D. Requests for Extensions to Certify
I. Introduction
A. Statutory Requirements
Title III of the Energy Conservation and Production Act, as amended
(ECPA), establishes requirements for the Building Energy Standards
Program. 42 U.S.C. 6831-6837. ECPA, as amended, provides that when the
1992 Model Energy Code, or any successor to that code, is revised, the
Secretary of the Department of Energy must determine, not later than 12
months after the revision, whether the revised code would improve
energy efficiency in residential buildings and must publish notice of
the determination in the Federal Register. 42 U.S.C. 6833 (a)(5)(A). If
the Secretary determines that the revision would improve energy
efficiency then, not later than two years after the date of the
publication of the affirmative determination, each State is required to
certify that it has compared its residential building code regarding
energy efficiency to the revised code and make a determination whether
it is appropriate to revise its code to meet or exceed the provisions
of the successor code. 42 U.S.C. 6833(a)(5)(B). State determinations
are to be made: (1) After public notice and hearing; (2) in writing;
(3) based upon findings included in such determination and upon
evidence presented at the hearing; and (4) available to the public. 42
U.S.C. 6833(a)(5)(C). In addition, if a State determines that it is not
appropriate to revise its residential building code, the State is
required to submit to the Secretary, in writing, the reasons, which are
to be made available to the public. 42 U.S.C. 6833(a)(5)(C).
B. Background
A previous Federal Register notice, 59 FR 36173, July 15,1994,
announced the Secretary's determination that the 1993 MEC is an
improvement over the 1992 MEC. Another Federal Register notice, 61 FR
64727, December 6, 1996, announced the Secretary's determination that
the 1995 MEC is an improvement over the 1993 MEC.
The Council of American Building Officials (CABO) has published the
MEC since its first printing in 1983 through 1995. CABO was established
in 1972 to provide a uniform approach and focus on certain building
code matters for the three regional model code organizations in the
United States. In 1994, the three regional organizations agreed to the
formation of the International Code Council, or ICC. ICC's main task is
to develop and maintain a single set of comprehensive and coordinated
building codes for the United States, and potentially other nations, to
replace regional codes.
CABO transferred all rights and responsibilities of the MEC to the
ICC, to better coordinate MEC requirements with the other international
codes and to recognize the MEC's national scope. The ICC renamed the
MEC as the International Energy Conservation Code (IECC) and first
published it in 1998. The 1998 IECC contains all of the text of the
1995 MEC, plus all revisions approved for inclusion in the MEC during
the 1995, 1996, and 1997 code maintenance cycles. Similarly, the 2000
IECC contains all of the text of the 1998 IECC, plus all revisions
approved for inclusion in the 2000 IECC during the 1998 and 1999 code
maintenance cycles. Therefore, the Department has determined that the
1998 IECC is the successor to the 1995 MEC and the 2000 IECC is the
successor to the 1998 IECC and both should be the subject of a
Secretarial determination as required by ECPA, as amended. Today's
notice provides the Secretary's determination on the 1998 IECC and the
2000 IECC.
C. DOE's Determination Statement
There are many differences between the 1995 MEC and the 1998 IECC
that affect energy efficiency. Some changes directly improve energy
efficiency. Many other changes to the 1998 IECC make the code simpler
and easier for designers, builders, and code compliance officials to
understand and use. Since the Department feels that buildings are more
likely to contain all the energy efficiency features required by the
code when the code is easy to use and interpret, these code changes
tend to promote energy efficiency. Two changes are negative: they will
not improve energy efficiency. Nevertheless, the beneficial changes in
the 1998 IECC outweigh the negative impacts. Therefore, DOE has
concluded that the 1998 IECC improves energy efficiency over the 1995
MEC in low-rise residential buildings.
There are also differences between the 1998 IECC and the 2000 IECC
that affect energy efficiency. Some changes improve energy efficiency.
Two changes have a small negative impact. Thus, DOE has concluded that
the 2000 IECC will improve energy efficiency over the 1998 IECC.
II. Discussion of Changes in the 1998 IECC Compared with the 1995
MEC
A. Major Changes in the 1998 IECC That Improve Energy Efficiency
1. Solar Heat Gain Coefficient for Glazed Products in Certain Climates
Solar Heat Gain Coefficient (SHGC) is a measure of the ability of a
glazed product, such as a window, to screen out incoming solar
radiation by virtue of the type of glass used in the window. Glass with
a low SHGC prevents much of the incident solar radiation from entering
the residences to elevate indoor temperatures. Solar heating of indoor
environments is a particular problem in southern regions of the United
States, increasing cooling loads and energy consumption.
The 1995 MEC has no requirements for a specific SHGC for any glazed
product. The 1998 IECC limits SHGC to a maximum of 0.4 for those
residential buildings located in climates having fewer than 3500 annual
Heating Degree
[[Page 1966]]
Days (HDD). Setting the maximum SHGC for glazing products to 0.4 in
climates below 3500 HDD recognizes that low SHGC glazing is an
effective cooling load reduction strategy in those parts of the country
needing significant air conditioning. Bureau of Census data from 1992
indicates that approximately 40% of all new housing starts were in the
0-3500 HDD climate region. Therefore, this one change has the potential
to positively impact a substantial portion of the new housing market.
2. U-Factor for Replacement Windows
The 1998 IECC includes a new table of prescriptive criteria for
insulation (R-values) and fenestration (U-factors) for certain
additions and window replacements to single family residential
buildings. The U-factors for replacement windows improve energy
efficiency. U-factors describe heat gain and loss through windows. More
stringent U-factors are required in colder climates to prevent heat
loss.
Under the 1998 IECC, when a window in an existing building is
replaced in its entirety, including frame, seal, and glazing, the
replacement unit must meet the U-factor requirement. The 1995 MEC does
not address the subject of replacement windows in residential
structures, thus allowing any window to be installed, irrespective of
its U-factor. While the 1995 MEC does not preclude the possibility of
installing a replacement window with good thermal performance (low U-
factor), the 1998 IECC effectively assures that a reasonably performing
window will be installed in existing buildings.
Because this new prescriptive criteria will reduce conductive heat
losses from replacement windows, it will improve energy efficiency in
existing residential buildings. The potential for energy savings from
replacement windows is substantial. Recent residential housing surveys
performed by DOE indicate that approximately 3.5 million American
households replace at least some of their windows each year.
B. Minor Changes in the 1998 IECC That Improve Energy Efficiency
1. Air Infiltration for Manufactured Door and Windows
The MEC and the IECC both require that manufactured doors and
windows be limited in their rate of air infiltration in accordance with
the industry's manufacturing standards. The requirement applies to the
unit as it comes from the factory, and not to potential infiltration
around the frame of the unit when actually installed.
The 1998 IECC lowers allowable rates of air infiltration compared
to the 1995 MEC. Since lower air infiltration decreases heating and
cooling energy consumption, this change improves energy efficiency in
residential construction.
2. Heat Traps for Water Heaters
The 1995 MEC has no requirements for heat traps, while the 1998
IECC does. A heat trap is a prefabricated device installed in the water
heater inlet/outlet pipe at the time of manufacture, or an ``S''-shaped
pipe trap fabricated during installation. It prevents cooling of hot
water from ``thermosyphoning'' effects. Thermosyphoning occurs when a
water heater is installed at a lower elevation (in a basement, for
example) than the distribution piping of the residence. Water heated in
the tank rises, due to increased buoyancy, into the distribution
piping. The distribution piping has a large, often uninsulated surface
area from which to radiate heat to the surrounding air and surfaces.
Thus, the hot water cools before it is used, wasting energy. Heat traps
help to prevent this unwanted heat loss by preventing hot water from
rising above the horizontal level of the top of the hot water heater.
This code change improves energy efficiency slightly.
3. Use of Compliance ``Tools''
Over the last several years, various aids for demonstrating
compliance with some of the MEC requirements have been developed by
several organizations, including DOE. These compliance aids include
workbooks, technical manuals, worksheets, forms, and computer software.
The aids provide a standardized interpretation of the code
requirements. Some of the tools have become the primary means for
demonstrating compliance with the MEC because of their simplicity, ease
of use, and standardized approach.
The 1995 MEC is silent on the use of specific code compliance
tools. The 1998 IECC includes the following provision:
Compliance with specific provisions of this code shall be
determined through the use of computer software, worksheets,
compliance manuals, and other similar materials when they have been
approved by the building official as meeting the intent of this
code.
Thus the 1998 IECC explicitly recognizes the availability and use
of various compliance tools. ``Approved by the building official''
means that the official has accepted the tool(s) as being adequate for
demonstrating compliance with the code. The Department feels that
inclusion in the 1998 IECC of language to encourage use of compliance
tools promotes enforcement of the code, resulting in improved energy
efficiency in buildings.
4. Tables for Compliance by Prescriptive Specification
The 1995 MEC has criteria for the thermal performance of the roofs,
ceilings, walls, floors, foundations, and other construction elements
which enclose the heated or cooled spaces of residential buildings.
There are several methods for determining the insulation requirements
and thermal performance of windows, doors, and skylights that will meet
the basic performance criteria. Building designers must understand how
to apply the compliance methods to arrive at the accurate R-values and
U-factors. An incorrect interpretation and application of a MEC
compliance path could result in a building that is less efficient than
the MEC actually requires.
The IECC provides several new tables of required R-values for
installed insulation and U-factors for glazing assembles (windows and
skylights). The tables are presented as a function of residential
building type (single-family dwelling, or multi-family dwelling
building less than four stories in height), location by heating degree
day, and window area as a percentage of the overall wall area. A set of
rules for interpreting and applying the tables are also included in the
IECC. This prescriptive compliance path provides a simple and
technically accurate solution for identifying the critical R-values and
U-factors.
The new tables add no new requirements and are not mandatory but
they are a simpler option. To the extent that the other methods have a
greater potential for misinterpretation and miscalculation, the
availability of the prescriptive specification tables will help to
assure that floors, ceilings, walls, and windows are properly designed
and meet energy efficiency requirements under the code, thus promoting
energy efficiency.
5. Insulation of Skylight Shafts
Sometimes skylights are installed in sloped roofs and separated
from the living space by an attic space and flat ceiling. To transfer
the light to the living space, an enclosed shaft, either vertical or
sloped, is built between the skylight frame and the horizontal ceiling
surface. These shafts are often overlooked entirely when evaluating
thermal performance of the building. Even when recognized, the question
remains whether the shaft should be treated as a vertical (or near
vertical) wall, which has one insulation requirement, or as
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part of the ceiling assembly, which has a different insulation
requirement.
In principle, both the 1995 MEC and the 1998 IECC require that the
surfaces of the skylight shaft be insulated, because the shaft
separates the conditioned living space from the unconditioned space of
the attic. The 1995 MEC, however, does not explicitly mention skylight
shafts. The 1998 IECC specifically imposes the requirement to insulate
those skylight shafts that are over 12 inches deep. The IECC will
therefore help to assure that this construction feature is not
overlooked and is adequately insulated.
6. Access Openings in Floors, Walls, and Ceilings
In both the MEC and IECC, the floor and wall have to meet an
overall thermal performance value. If there are several different types
of floors in one residential building, the area-weighted average of
each floor's thermal performance must comply with the overall
performance required by the code.
Houses with crawlspace foundations normally comply with the energy
code by insulating the floor between the crawlspace and the conditioned
area. Most building codes require an access hatch to get to the under-
floor space and the access hatch is often built into the floor. When
computing the insulating performance of the entire floor assembly, the
1995 MEC is silent on the subject of access openings. The 1998 IECC
specifically states that access doors or hatches are a sub-element of
the floor assembly when performing the computation. This will prevent
access hatches from being omitted from the calculations. Since access
hatches are often uninsulated, their inclusion in insulation
calculations will require increased insulation and improve energy
efficiency slightly.
C. Changes in the 1998 IECC That Decrease Energy Efficiency
1. Prescriptive Thermal Envelope Criteria for Certain Additions
The 1998 IECC contains a new table of insulation R-values and
fenestration U-factors for certain residential additions. It is an
alternative compliance path that can be used in place of the other
compliance methods in the code. No such table exists in the 1995 MEC.
To qualify for the additions table in the 1998 IECC, the addition must
be less than 500 square feet in floor area and must have a fenestration
area no more than 40% of the gross wall and roof area of the addition.
The new table was derived from table 502.2.4(3), ``Prescriptive
Building Envelope Requirements Type A-1 Residential Buildings, Windows
Averaging 15 Percent of Exterior Wall Area.'' Houses with more
fenestration typically use more energy. For that reason, the code has
more stringent energy efficiency requirements for houses with higher
ratios of window area to wall area.
Houses with larger areas of fenestration have more stringent
standards for windows and insulation in both the 1995 MEC and the 1998
IECC. The new compliance table allows additions with window area up to
40% of exterior wall area to be constructed to the less energy
efficient fenestration and insulation code requirements specified for
buildings with window area only 15% of exterior wall area.
Although residential construction improvements are a multi-billion-
dollar per year industry, no reliable data exists on the number of
additions constructed and the amount of glazing installed. It is
therefore difficult to estimate the specific impact that application of
the IECC additions table would have on energy consumption in the United
States. As an example of the possible impact, a 500 square foot
addition with a window area equal to 26% of the wall area and complying
with the additions table will experience an increase in total heating
and cooling loads of 3-8%, depending on the geographic location,
compared to an addition which meets the 1995 MEC. The presence of the
``additions table'' in the 1998 IECC will likely decrease energy
efficiency in some residential construction.
2. Revised Default U-factors for Glazed Products
To evaluate whether installed glazed products comply with the
overall thermal performance criteria of the MEC or the IECC, glazed
products should be tested in accordance with procedures developed by
the National Fenestration Rating Council (NFRC). The recognition of the
NFRC test procedures for determining U-factor of glazed products first
appeared in the 1995 MEC although neither the MEC nor IECC mandates
NFRC testing. NFRC testing results in assigning a reliable, accurate U-
factor to each glazed product. A high U-factor means a poorly
performing product (high heat loss through the window or other glazed
assembly); a low U-factor means a well-performing window (low heat
loss).
The 1995 MEC contains tables which provide the MEC user with
default U-factors that could be used if the glazed product had not
actually been tested by using the NFRC procedure. These default tables
were revised in the 1998 IECC. Over three-quarters of the revisions are
lower U-factors. Effectively, many glazed products are re-graded as
better energy performers because the product has a lower U-factor under
the 1998 IECC than it had under the 1995 MEC.
The use of revised default U-factors could have a negative impact
on energy efficiency. As an example, under the 1995 MEC, window Model
ABC (unrated) could have had a default U-factor assigned and been
included in the design of a particular residence. Under the 1998 IECC,
assigning a lower default U-factor (efficiency ``improvement'') to this
same window Model ABC in this same design may allow a slight decrease
in efficiency in some other portion of the house (for example, reducing
insulation in walls). The house would still comply with the 1998 IECC,
but use more energy than the same house designed for the 1995 MEC.
We cannot estimate the magnitude and frequency of the negative
impacts of using the IECC's revised default values, but there are
significant numbers of windows which are still not NFRC-tested. Some
manufacturers of inefficient glazed products may opt to withhold their
test results (high U-factors) and use the default values instead. Use
of these default values, in place of actual NFRC testing and rating of
glazed products, may decrease energy efficiency in residential
construction.
D. Conclusion
Most of the changes between the 1995 MEC and the 1998 IECC will
improve energy efficiency in residential construction and make the code
easier to use and interpret. Two changes will not improve energy
efficiency but the benefits of the changes in the 1998 IECC outweigh
the negative impacts. Therefore, the 1998 IECC improves energy
efficiency in low-rise residential buildings.
III. Discussion of Changes in the 2000 IECC Compared with the 1998
IECC
A. Changes in the 2000 IECC That Improve Energy Efficiency and
Compliance With the Code
1. Protection of Above-Grade Foam Insulation
The 2000 IECC has a new provision for protection of above-grade
foam insulation from deterioration. Rigid foam insulation is often
applied to the exterior, exposed surfaces of slab-on-grade foundations,
basement walls, and, on rare occasions, crawl space foundations. As
used in residential construction, all of these foundation types often
extend above the ground.
[[Page 1968]]
Where the insulating foam is exposed to air it deteriorates from object
impacts and chemical deterioration from sun, wind, and water which
decreases its insulating ability.
The 2000 IECC requires protection of exposed insulation. While the
new language does not mandate a specific material or technique, it does
stipulate that the protective material be rigid, opaque, and weather-
resistant. When applied, the protective material must cover all of the
exposed insulation and extend at least 6 inches below the ground
protecting it and keeping it from losing its insulating ability.
2. Solar Heat Gain Coefficient for Additions and Replacement Windows
The 1998 IECC institutes a limitation on the solar heat gain
coefficient (SHGC) for glazed products in warm climates, sets maximum
allowable U-factors for replacement windows, and provides thermal
envelope criteria for certain additions under 500 square feet. The new
requirements for additions and replacement windows were placed in a
different chapter of the 1998 IECC than the SHGC requirement and so did
not absolutely clarify that the SHGC requirement applies to replacement
windows and additions. In warm climates replacement glazing and glazing
in additions subject to the 1998 IECC could be installed without this
important cooling load control feature.
The 2000 IECC has new, specific language that makes it clear that
all replacement fenestration and fenestration in additions are subject
to the SHGC requirement. This provision ensures energy efficiency
improvement in residential buildings and additions in warm climates.
3. Construction Documents
The 2000 IECC clarifies the type of information that must be
submitted on construction documents submitted for review with a request
for a building permit. Plans must be drawn to scale and may be
submitted in an electronic format. The exact location, nature, and
extent of the work to be done must be clearly shown. U-factors of
doors, windows, and skylights; R-factors of insulation; and U-factors
of overall envelope assemblies must be clearly shown. This expanded
provision helps inspectors determine IECC compliance at the plan review
stage, thereby promoting energy savings.
4. Definition of Roofs and Skylights
The 1998 IECC and its predecessors have never explicitly stated
whether a sloped wall is a wall or a roof, or whether a sloped window
is a window or a skylight. This is important because walls typically
have different insulation requirements from roofs and windows have
different thermal requirements from skylights. The 2000 IECC revised
the definition of ``roof assembly'' to include all roof or ceiling
assemblies that are sloped less than 60 degrees from the horizontal.
The revised definition also provides many more examples of residential
construction that typically are considered a roof such as the roof of a
bay window and sloped glazing that faces conditioned space. The
definition also stipulates that any sloped assembly 60 degrees or
greater from the horizontal is to be considered an exterior wall, which
has different thermal performance requirements under the code. A
skylight is newly defined as any glazed assembly with a slope of less
than 60 degrees from the horizontal.
These clarifying definitions ensure that sloped walls and roofs are
treated consistently in building energy efficiency calculations for
IECC compliance, ensuring that the appropriate insulation requirements
are applied.
5. Treatment of Partially Glazed Doors
The 1998 IECC has confusing and conflicting approaches toward
treating partially glazed doors when evaluating compliance of wall
assemblies. An expanded definition of glazing area in the 2000 IECC is
more specific. If the door has a glazed area that is less than 50% of
the overall door area then the actual glazed area must be used in
compliance calculations. If the door has glazing amounting to more than
50% of the door area, the entire door is considered glazed in the
calculations.
The new and revised definitions in the 2000 IECC help building
designers and code officials ensure the code is properly applied.
6. Use of Prescriptive Specification Compliance Tables With Steel-
Framed and Masonry Walls
Section II.A.2 describes the new tables for compliance by
prescriptive specifications that were introduced into the 1998 IECC.
The tables were developed for, and can be used only for wood-framed
construction. Some other residential construction materials are gaining
in popularity, such as steel framing in walls and masonry, concrete,
and other high mass materials used in some above-grade load-bearing
wall designs.
To extend the utility of the prescriptive tables, the 2000 IECC
includes several new tables that address these wall construction
techniques. The new tables are based on requirements existing elsewhere
in the IECC; consequently, they add no new limitations. They make it
easier for people to use the code which improves energy efficiency.
B. Changes in the 2000 IECC that Decrease Energy Efficiency
1. Increase in U-value for Replacement Skylights
The 2000 IECC increased the allowable U-value for replacement
skylights from 0.35 and 0.40 (in climate zones with heating degree days
greater than 4000) to 0.50. The IECC allows the change for the
practical reason that typically even high preforming skylights cannot
achieve the lower U-values. Skylights with higher U-values are less
energy efficient because they allow heat to escape more easily. The
effect of this modification on energy efficiency is relatively small
because the U-value change is small. In addition, the change is
appropriate since the more stringent requirement cannot be met.
Overall, skylight replacements represent a small portion of building
construction, thereby minimizing the impact of this change.
2. Simplified IECC Chapter for Some Buildings
Notwithstanding the many improvements made to the residential code
since 1992 to promote understanding and reduce complexity of the code,
many designers, builders, and code officials want to improve its ease
of use. The response to this need appears in the 2000 IECC as new
chapter 6, ``Simplified Prescriptive Requirements for Residential
Buildings, Type A-1 and A-2.'' As a shorter and simpler alternative to
the main portion of the IECC, it applies only to a limited set of
buildings and offers them fewer compliance options for insulation and
fenestration.
Chapter 6 is intended to be equivalent in overall energy efficiency
for those residential types it covers. In becoming shorter, however,
two minor energy efficiency requirements were left out. Lighting
efficiency requirements for multi-family non-dwelling areas such as
laundry rooms and outdoor areas, which are mandatory in section 505.2
of the 2000 IECC, are omitted from chapter 6. The number of buildings
and area of lighting affected, however, are very small and therefore
the impact on energy efficiency is small as well.
Also, the new chapter fails to include the maximum air leakage
rates for windows that exists in section 502.1.4.1. Since most, if not
all, windows are manufactured to easily meet the leakage
[[Page 1969]]
limits, the impact of the missing allowable leakage rates is
negligible.
C. Conclusion
Most of the changes between the 1998 IECC and the 2000 IECC promote
compliance with the code and help conserve energy in low-rise
residential buildings. Although a few changes might cause marginal
increases in energy consumption, they do not alter DOE's determination
that the 2000 IECC improves energy efficiency.
IV. Filing Certification Statements with DOE
A. State Determinations
On the basis of today's DOE determinations, each State is required
to determine the appropriateness of revising the portion of its
residential building code regarding energy efficiency to meet or exceed
the provisions of the ICC International Energy Conservation Code, 1998
edition and the 2000 edition. EPCA section 304 (a)(5)(B) and (C). If a
State completes its determination on the 2000 IECC and certifies to DOE
that it has done so, it does not have to do a separate determination
for the 1998 IECC.
The determinations must be made not later than two years from the
date of today's notice, unless an extension is provided. The State
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. 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 a newspaper
of general circulation.
The Department recognizes that some States do not have a State
residential code or do not have a code that applies to all residential
building new construction. If local building codes rather than a State
code regulate residential building design and construction, the State
must 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 1998 IECC and 2000 IECC. States may base their determinations on
reasonable preliminary determinations by units of general purpose local
government. Each such State must still hold an adequate public hearing
to review the information obtained from the local governments and to
gather any additional data and testimony for its determination.
States should be aware that the Department considers high-rise
(greater than three stories) multi-family residential buildings and
hotel, motel, and other transient residential building types of any
height as commercial buildings for energy code purposes. Residential
buildings include one- and two-family detached and attached buildings,
duplexes, townhouses, row houses, and low-rise multi-family buildings
(not greater than three stories) such as condominiums and garden
apartments.
States should also be aware that the determinations do not apply to
Chapters 6 and 7 of the 1998 IECC and Chapters 7 and 8 of the 2000
IECC, which address commercial buildings as defined above. Therefore
States must certify their evaluations of their State building codes for
residential buildings with respect to all provisions of the IECC except
for those chapters.
B. State Certifications to DOE
As a consequence of today's determination by DOE, Section
304(a)(5)(B) of ECPA, as amended, requires each State to certify to the
Secretary of Energy that it has reviewed the provisions of its
residential building code regarding energy efficiency and determined
whether it is appropriate to revise the code to meet or exceed the 1998
IECC and the 2000 IECC. A certification to the 2000 IECC obviates the
need for a certification to the 1998 IECC.
The certifications must be in writing and submitted within two
years from the date of publication of this notice. If a State intends
to certify that a residential building code already meets or exceeds
the requirements of the 1998 IECC or 2000 IECC, it is appropriate for
the State to explain the basis for the certification. The Department
believes that it is appropriate for the chief executive of the State
(the Governor) to designate a State official, such as the Director of
the State energy office, State code commission, utility commission, or
equivalent State agency having primary responsibility for residential
building codes, to provide the certification to the Secretary. Such a
designated State official could also provide the certifications
regarding the codes of units of general purpose local government based
on information provided by responsible local officials.
A previous DOE determination (61 FR 64727, December 6, 1996)
required States to file a certification statement regarding the 1995
MEC by December 6, 1998. States that have not submitted the
certification but have made substantial progress in reviewing the
energy efficiency provisions of their residential building codes with
respect to the 1995 MEC may wish to complete their review and submit
the certification before considering the 1998 IECC and 2000 IECC.
If a State certifies to the 1998 IECC, certification to previous
versions, such as the 1995 MEC, is not required. Similarly, a
certification to the 2000 IECC makes certifications to the previous
versions of the code unnecessary.
When submitting any certification documents in response to this
notice, the Department requests that the original documents be
accompanied by one copy.
C. State Determination Not To Revise Its Residential Building Code
Section 304(a)(4) of ECPA, as amended, 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 must
submit to the Secretary, in writing, the reasons for this
determination. The statement of reasons should summarize the rationale
for the State's 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 of the
statement of reasons, the Department will place a copy in its Freedom
of Information Reading Room in the Forrestal Building in Washington,
D.C., so that members of the public may inspect it.
D. Requests for Extensions To Certify
Section 304(c) of ECPA, as amended, requires that the Secretary
permit an extension of the deadline for complying with the
certification requirements described above, 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 its
certification obligations. Such demonstrations could include: (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) for a plan that would respond to the
requirements of section 304; and (3) a notice of public hearing.
If a State has not met the December 6, 1998, deadline for
certifying to the 1995 MEC, it should do so or file a request for
extension immediately.
If a State intends to certify to the 1998 IECC or the 2000 IECC but
cannot do so
[[Page 1970]]
within two years of the date of this notice, it must file a request for
extension as soon as practicable but not later than the two year
deadline. Such a request should include a statement regarding the
State's intentions and estimated time frame to certify.
Issued in Washington, D.C., on January 4, 2001.
Dan W. Reicher,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 01-742 Filed 1-9-01; 8:45 am]
BILLING CODE 6450-01-P