NBSIR 77-1259

BUILDING ENERGY CONSERVATION PROGRAMS

A PRELIMINARY EXAMINATION OF

REGULATORY ACTIVITIES AT THE STATE LEVEL

Patrick W. Cooke

Robert M. Eisenhard

Office of Building Standards and Codes Services

Center for Building Technology

Institute for Applied Technology

National Bureau of Standards

Washington, D.C. 20234

June 1 977

Prepared for Federal Energy Administration

Office of Conservation and Environment

Washington, D.C. 20461

and

Energy Research and Development Administration

Division of Buildings and Industry

Washington, D.C. 20545

NBSIR 77-1259

BUILDING ENERGY CONSERVATION PROGRAMS

A PRELIMINARY EXAMINATION OF

REGULATORY ACTIVITIES AT THE STATE LEVEL

Patrick W. Cooke

Robert M. Eisenhard

Office of Building Standards and Codes Services

Center for Building Technology

Institute for Applied Technology

National Bureau of Standards

Washington, D.C. 20234

June 1977

Federal Energy Administration

Office of Conservation and Environment

Washington, D.C. 20461

and

Energy Research and Development Administration

Division of Buildings and Industry

Washington, D.C. 20545

*°»rikv o< *

U S. DEPARTMENT OF COMMERCE, Juanita M. Kreps, Secretary

Dr. Sidney Harman, Under Secretary

Jordan J. Baruch, Assistant Secretary for Science and Technology

NATIONAL BUREAU OF STANDARDS, Ernest Ambler, Acting Director
.
BUILDING ENERGY CONSERVATION PROGRAMS -- A

PRELIMINARY EXAMINATION OF REGULATORY ACTIVITIES

AT THE STATE LEVEL

Contents

Page No.

GLOSSARY OF ACRONYMS i

ABSTRACT iii

EXECUTIVE SUMMARY 1

1. INTRODUCTION 3

2. METHODOLOGY 5

3. SUMMARY OF FINDINGS 8

3.1 Legislative and Regulatory 8

3.2 Scope of Regulations 12

3.3 Budget 13

3.4 Enforcement 14

3.5 Education 15

3.6 Product Acceptance 16

3.7 Solar Energy Summary 17

4. TYPE OF ASSISTANCE NEEDED 21

5. STATUS OF REGULATORY DOCUMENTS FOR ENFORCEMENT

OF ENERGY CONSERVATION STANDARDS 24

APPENDICES

A. State Reports A-l

B. List of Responsible Officials and Agencies b-1

C. Interview Guide C-l

D. Samples of Regulatory Documents Related to

Energy Conservation D-l
/
GLOSSARY OF ACRONYMS

ANSI American National Standards Institute

ASHRAE The American Society of Heating, Refrigerating and

Air Conditioning Engineers, Inc.

ASHRAE 90-75 ASHRAE Standard Energy Conservation in New Building

Design

ASHRAE 90 -P . ASHRAE Standard Energy Conservation in New Building

Design (proposed version of ASHRAE 90-75)

BBC Basic Building Code , model code promulgated by BOCA

BCMC Board for the Coordination of the Model Codes

BOCA Building Officials and Code Administrators International,

Inc.

CABO Council of American Building Officials

ERDA Energy Research and Development Administration

FEA Federal Energy Administration

HB House Bill

HUD The United States Department of Housing and Urban

Development

HVAC Heating, ventilating and air conditioning

IAPMO International Association, of Plumbing and Mechanical

Officials

ICBO International Conference of Building Officials

kwh kilowatt hour

MPS Minimum Property Standards issued by HUD. The MPS

are issued in various volumes including:

a) Document 4900.1 for One- and Two-Family Dwellings

b) Document 4910.1 for Multi-Family Dwellings (1973)

c) Document 4930.1 Manual of Acceptable Practices (1973)

i
NBS National Bureau of Standards

NCSBCS National Conference of States on Building Codes and

Standards, Inc.

OPEC Organization of Petroleum Exporting Countries

PL Public Law

SB Senate Bill

SBC Standard Building Code , model code promulgated by SBCC

SBCC Southern Building Code Congress International, Inc.

UBC Uniform Building Code , model code promulgated by ICBO

Editorial Note

The reader may wish to refer to two other reports which document studies

of regulatory activities at the county and city levels of government. These

reports are:

1. National Association of Counties; "Impact of State Mandated

Thermal Efficiency Standards on Counties;" Washington, D.C.;

March, 1977.

2. National League of Cities; "Impact of Thermal Efficiency

Standards in City Building Codes" Washington, D.C.;

March, 1977.

ii
ABSTRACT

Background information on the current regulatory status and degree of

implementation of building energy conservation programs at the State

level are described, including those programs dealing with solar energy.

The objective of the study is to provide the Federal Energy Administration (FEA)

with a data base of standards implementation experience. This data base

can be drawn upon to promote utilization of building thermal efficiency

standards on a uniform basis throughout the country. From information

collected in a survey of twenty-one selected States, the survey report

presents the current state-of-the-art on common problems experienced at

the State level in the promulgation and implementation of building energy

conservation regulations. Based on these findings, several types of assistance

that could facilitate the orderly adoption and implementation of uniform

standards are identified.

Key Words: Buildings; energy conservation; enforcement; legislation;

regulations; solar energy; standards; state-of-the-art study.

iii

EXECUTIVE SUMMARY

In support of the efforts of the Federal Energy Administration to provide

assistance to the States in the development of programs for the orderly

implementation of building energy conservation regulations a state-of-theart study was conducted of existing building energy conservation programs

in twenty-one selected States. The States included in the study are:

• California

• Colorado

• Connecticut

• Florida

• Georgia

• Illinois

• Massachusetts

• Michigan

• Minnesota

• Nevada

• New Jersey

• New Mexico

• New York

• North Carolina

• Ohio

• Oregon

• Pennsylvania

• Texas

• Virginia

• Washington

« Wisconsin

The intent of this study was to identify State regulations in place and

the extent of their enforcement, and to provide an initial overview of the successes and difficulties encountered in the implementation of various

energy conservation programs. Personal interviews were conducted with

State building regulatory and energy conservation officials, as well as with representatives of three of the model building code organizations

(Building Officials and Code Administrators International, Inc., Southern

Building Code Congress International, Inc. and the International Conference

of Building Officials)

The study identified the following major problems being faced by the States:

• A lack of funding for the State building regulatory agencies to develop

and implement energy regulations. Local enforcement agencies within

the State were concerned about the additional inspection services which

may be required, their respective costs, and the level of expertise

which would be needed to carry out the intent of regulations.

• A lack of sufficient education and training of code enforcement personnel.

Although a number of states conducted frequent seminars for building

officials there was no assurance that the information would be transmitted to the various levels of local enforcement staffs.

• Inadequate product certification and labeling of HVAC and insulation

materials. Current approval systems in use for product certification

and labeling were viewed as inadequate to deal with energy related

regulatory criteria (e.g., energy efficiency ratios) contained in existing

voluntary standards for traditional and recently introduced building

materials and equipment.

Types of assistance needed by the States in this area are:

• A uniform, acceptable energy conservation code based on ASHRAE Standard 90-75.

1
• An educational program for all levels of regulatory personnel, with

sufficient information to permit enforcement officials to instruct

local contractors and designers.

• Research into the cost of implementation by local agencies of an energy code including types of personnel needed to enforce such

a code.

• Integration of energy conservation products and equipment into the

existing product acceptance systems of the States and of the model

code organizations.

• Better communications among and between the States for both the

building regulatory agencies and the energy agencies.

• Uniform standards for solar equipment, and legislation dealing with

preservation of solar easements to protect sun rights of users.

2
1. INTRODUCTION

This state-of-the-art study presents an overview of existing building energy

conservation programs in twenty-one selected States to provide a data base

of standards' implementation experience which can be used to promote

utilization of building thermal efficiency standards throughout the country.

Considerable impetus was given to the development of energy conservation

standards by the passage of the Energy Policy and Conservation Act of 1975

(P.L. 94-163). Title III, Part C of this Act provides for Federal technical

and financial assistance for development and implementation of State energy

conservation programs. Authority to issue guidelines for acceptable State

programs is vested in the Federal Energy Administration (FEA) , providing an opportunity for adoption of component performance standards. Title III of

the Energy Conservation and Production Act of 1976 (P.L. 94-385) provides

for the promulgation of energy conservation performance standards for new

buildings, and for support to the States in implementing such standards.

Further incentive for the implementation of energy conservation standards

is provided by the growing public awareness of the national energy problem,

of the need for conservation, and of the need for development of non-depletable

energy sources.

The development and implementation of effective energy conservation legislation

has proved difficult. The development of effective conservation standards is

only one step in the process. The actions within the States and the

understanding of these standards by local enforcement officials ultimately

determine success in the field. In addition, the understanding of these

standards by the designer, the contractor, and the materials supplier has a significant impact on the implementation in the field. Further problems

with a standard may develop due to deficiencies in product rating and

certification programs, or because some performance -type energy standards may

not be backed with sufficient applicable solutions and, thus, may be poorly

understood by both the building designers and enforcement officials.

In order to identify possible problems and constraints in the adoption of

any new regulation, this study reports the experiences of twenty- one selected

States with laws, procedures and regulations in effect or pending, relative

to energy conservation in new building construction.

The approach used for data collection was personal interviews with individuals

within each State office responsible for energy conservation in building

contruction, and those individuals involved in building regulations.

The exact title of the State energy office varies from State- to- State. It

may be cited as "Governor's Energy Council," or the "State Energy Office,"

or some similar title. In all cases, it is the office which is responsible

for the development of an overall energy plan for the State, as well as

v

3
liaison with the Federal government. Energy proposals for three of the

four model building codes also were studied. Information relative to local

enforcement experience was obtained and is included, where appropriate. The

report is based on the information provided by the various State agencies

and it is generally current as of January 1977.

In most cases, the individual State interviews were conducted on behalf of

the National Bureau of Standards by private contractors. These contractors

are:

Melvyn Green and Associates

Consulting Engineers

El Segundo, California

Small Homes Council - Building Research Council

University of Illinois

Champaign, Illinois

In other States the interviews were conducted by NBS project personnel. The

survey information was then compiled by NBS project personnel.

4
2. METHODOLOGY

Information regarding the status of building energy conservation regulations was obtained through interviews with State officials responsible for the

regulation of building construction and with those responsible for the

administration of statewide building codes and standards. Based on previous

studies undertaken by NBS, it was possible to identify those States which have

been most active in the promulgation of statewide building codes as well as energy conservation regulations for buildings. Some States were selected for

inclusion in the study primarily on the basis of the existence of statewide

building code authority and building energy regulatory activity. Others were chosen on the basis of population and on the extent of building activity

as indicated by housing starts. The study, therefore, covers the ten most

populous States as well as the ten states with the most housing starts based

on 1975 data. Also, at least one State was included in the study for nine of

the ten FEA regions of the country.

The States selected for the study are as follows (see Figure 1, page 7):

• California

• Colorado

• Connecticut

• Florida

• Georgia

• Illinois

• Massachusetts

• Michigan

• Minnesota

• Nevada

• New Jersey

• New Mexico

• New York

• North Carolina

• Ohio

• Oregon

• Pennsylvania

• Texas

• Virginia

• Washington

• Wisconsin

The energy conservation proposals for the Basic Building Code (BOCA) , the Uniform

Building Code (ICBO) , and the Standard Building Code (SBCC) also were studied.

This was done since these three model codes frequently make up the technical basis

for building regulations adopted by the States and other local jurisdictions.

An Interview Guide was used to conduct the interviews. The Guide is divided as follows

A. Legislative and Regulatory: Existence of legislation for energy standards; means of amendment; promulgation of new standards. Relationship of existing and proposed standards to other sources such as the Department of Housing

and Urban Development (HUD) Minimum Property Standards, ASHRAE 90-75, Board

for the Coordination of the Model Codes (BCMC) energy conservation regulations,

etc. Identification of problems and code conflicts.

B. Scope of Regulations: Identification of exceptions to regulations as well

as special incentives for compliance.

C. Administration and Implementation: Means of enforcement, including technical

and financial inpacts on local enforcement agencies.

D. State Program: Personnel, budget, and administrative questions.

5
E. Product Acceptance and Certification System: Methods of product acceptance,

testing, and existence of reciprocity agreements with other States.

F. Education: Availability, scope, and output of training programs in energy

conservation.

G. Status of Solar Energy Standards/Regulations: Existence, type, and scope

of solar energy standards and regulations.

A sample Interview Guide is included in Appendix C.

In addition, the following types of information were collected for each State

surveyed

A. Laws in effect: Where possible a copy of the complete text of each law was obtained.

B. Laws pending: Summarizing provisions under consideration, status and nature

of modifications, and effect on enacted provisions.

C. Administrative Regulations in Effect: Including scope and implementation

methods, and procedures relevant to program operation such as budgeting

and staffing.

D. Documentation required for product certification.

E. Educational and public relations material, as appropriate.

6
SIZE

OF

STATE

DETERMINED

BY

POPULATION

Figure 1

7

NO

STATEWIDE

CODE

ADOPTED
3. SUMMARY OF FINDINGS

The results of the data collection for each State are contained in the

individual State reports (Appendix A) . This section summarizes those findings

and presents certain aspects of the regulatory difficulties encountered by the

various States surveyed. These findings are structured similar to the Interview

Guide (Appendix C) . Certain key elements characteristic of building energy con- servation regulatory programs for each of the States surveyed have been further

summarized and are presented in tabular form on page 25

3.1 LEGISLATIVE AND REGULATORY

3.1.1 General Discussion of Findings .

All of the States have had energy conservation bills proposed in their

legislatures or had existing authority which covered energy conservation.

None of the States had a legislature in session at the completion of the

survey; thus, no pending legislation is included.

The regulatory pattern regarding energy is varied among the States examined.

Those States with statewide building codes in effect have modified (or are in

the process of modifying) their building codes to accomplish some degree of

control over energy usage. However, this is often limited to residential

structures. In those instances in which the State code is of a voluntary nature

its coverage is limited to those jurisdictions within the State which have

adopted the code.

States with energy provisions in effect generally have had them adopted by a State commission based upon legislative authorization. In this way the adopted

standards may be changed without legislative action. CONNECTICUT, MINNESOTA

,

NEW JERSEY, NEW MEXICO, NORTH CAROLINA, VIRGINIA and WISCONSIN have broad building regulator)' authority and do not require special legislative authority to

make changes. States that have adopted regulations include CALIFORNIA

,

CONNECTICUT, MICHIGAN, MINNESOTA, NEVADA , NEW MEXICO, NEW YORK, NORTH CAROLINA,

OREGON, VIRGINIA, and WISCONSIN. The WASHINGTON regulations relate to electric

resistance heating only. TEXAS is developing recommended standards for voluntary

adoption by its cities. COLORADO has adopted regulations relating to manufactured housing and multi-family dwellings in jurisdictions with no code. Most

States reported having regulations for publicly-owned buildings and some of

these regulations are extremely sophisticated.

The majority of States report they are awaiting a nationally-recognized enforceable

code they can adopt by reference. Until this is available, some States are adopting standards they feel are compatible with their needs. NEVADA and NEW MEXICO

have adopted the proposed Uniform Building Code (UBC) , Chapter 53 - Insulation

Requirements, anticipating that this will become a portion of the UBC. OREGON

reported that it may double its insulation requirements over those that were

adopted prior to the Organization of Petroleum Exporting Countries (OPEC) embargo.

MASSACHUSETTS has authority to promulgate, but is awaiting the code -compatible

version of ASHRAE Standard 90-75, which is being developed by the National

Conference of States on Building Codes and Standards, Inc. (NCSBCS)

8
The organizational relationship between the various State agencies varied

widely. The State energy offices, frequently a part of the Governors' Office,

tended to assert significant authority. This is no doubt related to their

better budgetary position due to Federal funding and State and Federal legislative mandates. Many energy offices have had little experience with the

building regulatory process and are "learning their way."

Many States, including CALIFORNIA , COLORADO, MINNESOTA, OREGON3 and WISCONSIN, reported a good working relationship between the building regulatory agency and

the energy office, and have good communication between regulatory agencies.

Within a State there may be more than one agency involved in building regulations. NEW MEXICO has the Construction Industries Commission, which regulates

the Electrical, Mechanical and Construction Boards. Although the traditional

building code liaison is with the National Conference of States on Building

Codes and Standards (NCSBCS) Inc. delegate, who heads the Construction Board,

energy regulations have been developed by the Mechanical Board and the Governor's

Energy Office. A number of enforcement problems could occur if these two agencies

do not clearly understand field enforcement procedures. TEXAS had similar problems which resulted in regulations being adopted by the Building Commission and

opposed by the Energy and Community Affairs Agencies, who felt the proposed

regulations did not reflect national standards and may not be enforceable. (The

TEXAS regulations are voluntary for use by cities.)

Some of the States have a very fragmented procedure for the development of design

standards and for the procurement of construction services for State buildings.

NEW MEXICO has public building construction standards vested in individual agencies.

Thus, the State Supreme Court is responsible for all courthouse construction in

the State, and there are similar arrangements for other agencies. A number of

States exempted State-owned buildings from the regulations affecting private buildings. In some cases legislation requiring such standards has passed, and is in the

process of being implemented. For example, WASHINGTON has imposed stricter standards on public buildings, including a life-cycle cost analysis.

The process of adoption of standards was fairly similar in all States, with

provisions adopted by a State commission board, or agency through a public hearing

process.

Changes to adopted standards generally followed a five-phase procedure:

1. Proposed change is submitted to agency or commission. This change

may be suggested by an individual, by an enforcement official, by

industry, or by the State agency.

2. Notice is given of a public hearing regarding changes. The proponents

and opponents to the proposed change are heard at the public hearing.

In addition, the State agency may make a recommendation to pass, modify,

or oppose the proposed changes. The majority of States (except WISCONSIN)

reported that all proposed changes are heard by their commissions.

9
3. The State commission takes the testimony under advisement and votes on

the proposed changes.

4. The change, if adopted, becomes a portion of the regulations after a certain specific time period, which varies from State- to-State.

5. If the regulations are adopted on an emergency basis, they are in force

for a specific period, usually 180 days, during which permanent regulations may be developed.

5.1.2 Findings Representative of States with Mandatory Regulations .

CONNECTICUT has mandatory energy regulations in force which cover all buildings.

The rules and regulations on energy conservation were added to the State Building

Code on April 28, 1976. These regulations largely include exterior envelope

requirements for residences and are generally less restrictive than the Department of Housing and Urban Development (IkJD) Minimum Property Standards (MPS)

requirements; for example, up to 33% of the wall area may be glazed with single

glass. Maximum allowable 'TT values are .12 for roofs or ceilings, for walls,

and for floors over unheated spaces. The regulations also specify certain

minimum temperatures and minimum ventilation rates for occupied spaces.

NEW YORK will enforce new minimum insulation standards for all residential

construction through regulations issued by the Public Service Commission. Public

Service Commission Opinion No. 76-16, Case 26913 Opinion and Order Requiring

Insulation Standards for New and Expanded Electric Service , requires that bui lder

and owners of buildings must certify that minimum insulation standards are met

before the utility can provide new or expanded electric service. Since all

residential buildings require electric service, the regulations will cover all

residential construction regardless of the type of energy used. This ruling was issued on August 13, 1976, and it will be enforced beginning April 1, 1977, for

one- and two-family structures, and on July 1, 1977, for multi-family structures.

Provisions are made to exempt larger multi-family buildings in those cases in

which plans and/or financing have been substantially completed prior to the date

of implementation.

The minimum insulation standards are comparable to those in the HUD Minimum Property

Standards (MPS), except that glass-to-wall area ratios are limited to 24% for one- and two-family residences, 33% for three-story or less multi-family buildings and

42% for four stories or more.

NORTE CAROLINA has a statewide mandatory' minimum building code, which is a modified

version of the Standard Building Code of the Southern Building Code Congress (SBCC)

As amendment to the code was approved on January 1, 1975. This amendment specifies

certain minimum insulation requirements for all new one- and two- family dwellings

and all new multi- family dwellings three stories in height or less. By March 1977,

the NORTE CAROLINA Building Code Council plans to submit a proposal to supplement

the existing regulations. It was reported that the new proposal is based partially

on ASIIRAE Standard 90-75.

10
VIRGINIA 'S statewide building code has energy regulations for one- and

two- family dwellings only. These are stated as minimum total insulating factors

in terms of resistance values as follows:

R-19 for ceilings

R-ll for exterior walls

R-7 for floors over crawl spaces with electric heat and

air conditioning.

3.1.3 Findings Representative of States with Voluntary Regulations .

GEORGIA has a voluntary statewide code, which is a modified form of the Standard

Building Code of SBCC. GEORGIA has adopted Appendix L, "Thermal Performance,"

of the SBC. Present regulations do not permit a systems analysis approach, but

specify maximum heat transmission coefficients for various parts of the building.

The MICHIGAN Construction Code Act of 1972 (as amended) authorizes the Construction

Code Commission to promulgate rules regarding building construction. Under this

law, Part 10 of the General Rules, entitled "Energy Conservation in New Building

Design," was filed with the Secretary of State on December 22, 1976, and will take

effect June 22, 1977, in those areas in which the MICHIGAN code is in effect.

3.1.4 Findings in Various Other States .

In FLORIDA statewide building regulation is in a somewhat suspended condition and

statewide energy conservation controls are non-existent. The Interim Building

Code (State Building Code Act of 1974) remains in effect. However, the 1976

legislature chose not to fund either the Bureau of Codes and Standards (which was

the administrative body until June 30, 1976), or the Board of Building Codes and

Standards, with the result that there is no State activity. Energy regulations

are not mandatory under the voluntary interim code, and, therefore, where energy

regulations exist, they exist as the result of local action. In some cases, local

jurisdictions have adopted "Appendix L" title of the Standard Building Code and

thereby have established some local controls.

The Interim State Building Code Act of 1974, Section 553.87, requires that new

plumbing installations in single-family residences be designed so that future

installation of solar water heating equipment is possible.

FLORIDA Law 74-187, "Florida Energy Conservation in Buildings Act of 1974,"

provides that the Department of General Services obtain life-cycle cost analyses

of the energy requirements for all State -financed and -leased buildings.

FLORIDA Law 74-134, "Educational Facilities Construction Act," provides for the

Department of Education to require roof construction have a U- factor not to exceed

0.075 and opaque wall sections of student -occupied spaces have a maximum U-factor

of 0.35.

v

11
ILLINOIS had no statewide energy conservation regulations. Any controls which

do exist have been established at the local level.

MASSACHUSETTS had no energy conservation code for building construction. The

State Building Code Commission has appropriate authority in the Statewide

Building Code Law, as amended, and is awaiting the building energy- conservation

code based on ASHRAE Standard 90-75 now being developed by NCSBCS.

OHIO had no State regulations for energy conservation in buildings at the time

of this report. However, Chapter BB-48 of the Ohio Building Code has been

developed and adopted, but had not been put into effect. Amended Senate Bill

299 (August 27, 1976), empowers the Board of Building Standards to establish,

promulgate, and enforce energy conservation standards in the buildings under

control of the Board. This includes all buildings except 1- , 2-, or 3-family

dwelling units, certain agricultural buildings. Factory-built dwellings are included in the Board's authority. However, on the same date, House Bill 317

called for a remodification of all building regulations by December 30, 1976.

Thus, energy regulations are in abeyance at present. Several cities in the

Cleveland area and the City of Columbus have adopted energy regulations, primarily

with regard to residential construction.

3.2 SCOPE OF REGULATIONS

Agencies have adopted regulations mandated by the legislature, but these

regulations may contain elements which are unenforceable because of the unavailability of complying HVAC equipment; e.g., MINNESOTA and CALIFORNIA, which have

adopted modified versions of ASHRAE 90-P and 90-75, respectively. Provisions,

other than insulation requirements, are difficult to enforce since complying

HVAC products are not readily available in the marketplace. Certain types of

water heaters are reportedly unable to comply with the ASHRAE Standard.

By Federal law, all States are preempted from regulating mobile homes. Some

States also exempt certain buildings used "for agricultural purposes."

Several of the States have adopted equal regulations for construction of both

public and private buildings. Others, such as WASHINGTON, have stricter standards for public buildings, including a life-cycle cost analysis. Most States

have initially adopted only insulation standards: CALIFORNIA (residential),

NEVADA, NEW MEXICO, NORTH CAROLINA, OREGON, WASHINGTON, and WISCONSIN. This

reflects a conservative, but enforceable, code provision. MINNESOTA, in adopting

a modified ASHRAE 90-P standard admitted that some of the provisions are not

enforced locally. It feels, however, that it is still accomplishing energy

conservation within the practical limits of construction.

Communication on building energy conservation measures between the various States was generally reported as poor. For example, the OREGON Building Division reported

it was considering increasing the insulation requirements. However, it was not

aware of the developments taking place in other States. When informed of the

pending model code based on the ASHRAE Standard 90-75, it responded that it would

12
hold off on independent revisions. Regulations adopted by most States tend

to follow the ASHRAE Standard 90-75 relative to U0 values for the building

envelope based on degree days.

The CALIFORNIA non -residential regulations are essentially the same as ASHRAE

Standard 90-75; MINNESOTA'S regulations are based on ASHRAE 90-P, WISCONSIN permits ASHRAE 90-75 to be used for design. WISCONSIN also incorporates a total

volumetric heat loss concept in its regulations . NEVADA, NEW MEXICO, and OREGON

have insulation requirements of the same value specified in the ASHRAE Standard

90-75. WASHINGTON ' s public building requirements refer to ASHRAE Standard 90-75;

COLORADO and TEXAS are based on a locally-developed and unique energy budget

concept

Of the States with statewide mandatory codes, only CONNECTICUT regulates all

buildings. NORTH CAROLINA covers all new one- and two-family residences and all new multi-family housing three stories in height or less. Regulations in VIRGINIA cover one- and two-family dwellings only. NEW YORK is expected to require certain

minimum standards for all housing.

Of the States with voluntary codes, MICHIGAN will regulate all buildings by

referencing the ASHRAE Standard 90-75, and GEORGIA is using "Appendix L" - title

of the Standard Building Code of the SBCC.

3.3 BUDGET

Budgetary problems were reported by several States.

Legislatures frequently did not include any funding for additional regulatory staff

when requiring the development and implementation of energy standards by its building regulatory agency. The NEVADA situation provides an example: Neither the State

Public Works Board nor the Public Service Commission were authorized funds to print

and mail copies of the adopted standards to the various enforcement agencies. The

final solution was for the Public Works Board to pay for printing copies and the

Public Service Commission to pay for their mailing.

Some States, including CALIFORNIA, MINNESOTA, and NEVADA, reported that energy

conservation standards' work was performed at the expense of some other project

or program.

The staff authorizations varied widely. State Building regulatory agencies surveyed

reported that from one-quarter to one- and one-half professional man-years was cur- rently being spent working on energy conservation. During the development of regulations, staffing requirement may be higher - as in CALIFORNIA where four professionals

and two clerical personnel were assigned. In addition, some State energy offices

reported that one or more professionals were assigned to cover building energy

conservation matters.

•y

13
When contacted, some local enforcement agencies also commented on their budgetary

problems. While permitted by States to raise fees to cover additional inspection

responsibility, the local agencies frequently reported they were not permitted to

hire additional personnel and often the additional fees received from permits were placed in the city's general fund.

In many of the States surveyed, the administration of energy regulations was in

the beginning stages, and as a result there is no clear determination of the budgetary needs. No specific budget for energy-regulation activity was evidenced in

several States and costs were absorbed within the operating budget already provided.

In some States it was possible to absorb the additional costs due to the general

decline in building activity which occurred coincidently with the adoption of

building energy conservation regulations.

3.4 ENFORCEMENT

In most States, enforcement of energy regulations is or will be accomplished by

the local building code administration offices. As far as the State offices are concerned, they, too, have added energy- regulation enforcement to the duties of

their existing building code enforcement staffs. These activities are regarded

as just one more task added to current plan review and inspection duties. A

major exception to this policy is NEW YORK. In NEW YORK , the enforcement will

be by builder /owner certification to the public service utility. Since the program is yet to get under way, it is not known how effective this system may be.

Only one State, WISCONSIN

,

had a statewide building code enforcement agency. As

such, this agency will receive firsthand reports from its plan review and

inspection personnel. OREGON has a combination of State and local enforcement.

Other States reported an informal feedback system from the field and encouraged

local inspectors to call State offices for assistance. State officials admitted

that the local inspectors often have problems enforcing the State regulations,

but believed that ongoing educational efforts will improve the situation.

The CALIFORNIA non -residential standards require compliance certification at job

completion, signed by the design engineer and the contractor. This requirement

poses certain implementation difficulties. Without sufficient HVAC equipment

certified to meet the coefficient of performance specified in the standards, no

one could certify compliance and, as a result, construction could cease when the

regulations become effective. Currently the State is enjoined under court order

from implementing these regulations.

In some States, problems have been encountered with statewide programs mandated

by the legislature. In MINNESOTA, a statewide building code is mandated in a city or county which has adopted building regulations. However, where the

locality has not chosen to establish regulations, there are no local inspectors.

Since the State does not have enough inspectors, there remain statewide energy

conservation regulations which are not enforced. Although NEVADA does not have

14
a statewide building code and several of its counties do not regulate building

construction, the legislature adopted mandatory statewide regulations. Moreover,

NEVADA'S Public Works Board is not a building regulatory agency, it is the

agency for construction of State-owned buildings. This agency now finds itself

in the difficult position of mandating regulations to local agencies with which

it has never had a relationship, in a role which it has never played, and with

no inspection personnel for implementation.

TEXAS is a very strong home rule State. That is, building regulations traditionally

are promulgated and enforced by the local jurisdictions rather than the State.'

However, with regard to energy conservation, the legislature chose to have the

State develop recommended standards for voluntary adoption by cities. These recom- mended standards were developed by the State Building Commission, an agency normally

responsible for construction of State-owned buildings. The regulations are quite sophisticated and the Commission anticipated the need for a computer

analysis for each building. In some cases, however, this may prove to be

excessively cumbersome and delay construction.

CALIFORNIA requires a certification of compliance to be provided by the insulation

installer. A number of local enforcement agencies are of the opinion that this

certification relieves them of inspection responsibility. This certification of

compliance applies to CALIFORNIA'S residential regulations only, although this was not the intent of the State in requiring such a certificate. In addition,

the certificate of insulation has tended to direct the attention of inspection

and educational efforts toward insulation installation, and away from other

building envelope requirements, such as windows that limit infiltration (ANSI

A134.1), weatherstripping around doors, and the caulking of joints.

For buildings other than single -family, two-family, and low-rise multifamily,

MICHIGAN has reported that it will rely on the professionals working on the

design of the building; otherwise the administrative pattern will follow the

usual process. That is, public entities covered by the code and having code

enforcement offices will review plans, etc. in the usual manner, while areas having no code administration system will refer administration to the State office.

3.5 EDUCATION

Some States with energy regulations are conducting seminars for enforcement

officials. These seminars usually are designed for the building official with

the assumption that he will then train his own personnel. CALIFORNIA plans one

two -day seminar in several locations within the State to meet the legislative

training mandate. There is no plan for continuation or extension of this seminar.

WISCONSIN has more specific regulatory personnel training than the other States

surveyed. The University of WISCONSIN (UW) Extension has a very active building

inspector education program with yearly one-week classes, plus many special energy

courses. The survey revealed a close working relationship between the State

Division of Safety and Buildings and UW Department of Engineering Extension.

15
In PENNSYLVANIAs even without statewide energy regulations, considerable emphasis

has been given to energy conservation training by the Bureau of Local Government

Services utilizing the Pennsylvania State University.

GEORGIA, NORTH CAROLINA3 OREGON and VIRGINIA have provided training programs for

local building officials; OHIO expects to do the same. The Fuel Emergency Office

has done some educational work in NEW YORK.

MINNESOTA developed an enforcement manual for local agencies. It found that the

manual was used instead of the code, apparently causing some problems, so the

State chose to recall and destroy these manuals. CALIFORNIA has prepared a manual for designers and enforcement officials for residential construction and

is preparing one for non-residential construction. The non- residential manual

proposes a standardized calculation format for ease of submittal and plan review.

MICHIGAN prepared a "Clarification" document for the "Emergency Rules on Energy

Conservation," but the Rules never were promulgated. The format of this document

will be useful in future educational efforts.

The regulatory offices of other States have done little or nothing in the way of

education or training manuals. However, some larger universities in States such

as ILLINOIS and MASSACHUSETTS have offered educational programs to architects

,

engineers, and the general public.

Educational efforts to date have concentrated on the installation of insulation

and the several variables or trade-offs possible, such as increased roof and

floor insulation, less insulation in the walls, or the addition of more windows.

In the analysis of energy usage in buildings, HVAC and lighting are significant

factors. Yet, minimal educational efforts have been directed toward the HVAC

system requirements, and the illumination power budget concept of Section 9 of

ASHRAE Standard 90-75.

The local enforcement official frequently becomes the conduit for information to

local builders, designers and homeowners, regarding new laws and regulations.

The understanding of energy conservation principles as well as building materials

and products is of significant importance if complete energy conservation is to be

accomplished not only in new buildings but in retrofit and adaptive reuse of

existing buildings.

3.6 PRODUCT ACCEPTANCE

The product approval and acceptance system relative to building construction

products that are currently regulated by building codes is well established and

accepted. Three of the model code organizations, (Building Officials and Code

Administrators International, Inc. (BOCA), the International Conference of

Building Officials (ICBO) , and the Southern Building Code Congress International,

Inc. (SBCC)) have formed a National Research Council to provide a method of

nationally approving products.

16
In addition, each model code organization has its own research approval program

to provide regional approval of building products. Research reports published

by model code organizations generally are accepted by State and local regulatory

agencies. Some States will approve products on a statewide basis. This frequently relates to products distributed within the specific State. OREGON has

such a system for product approval. In addition, some major cities such as LOS ANGELES and NEW YORK have their own product approval systems. Thus, today,

opportunities for product approval are available at any level of product distribution desired by a manufacturing firm, national or local.

Projects relating to building energy conservation traditionally have been "labeled"

under a voluntary program by the various industry groups. These industry groups

such as insulation manufacturers, equipment manufacturers, etc., now will come under the regulatory process, many of them for the first time. No one interviewed

appeared to understand this problem, or its enforcement implications. Personnel

in the CALIFORNIA Energy Office stated, "we understand the model codes take care

of this." This has not been dealt with by the model codes organizations. However,

they report that their ongoing programs are prepared to accept new products as the

demand occurs.

An example of this is insulation. The standard only required the manufacturer

to label the product with its "R" value. There is no requirement for durability.

In addition, there is no requirement for independent testing and certification.

Many new products, including shredded paper, are being offered in the market and

regulatory officials report that similar appearing materials with different "R"

values for the same thickness are being introduced.

3.7 SOLAR ENERGY SUMMARY.

None of the States surveyed have adopted standards and regulations for solar

energy equipment and installation. The only identified code, entitled Uniform

Solar Energy Code, was published by the International Association of Plumbing

and Mechanical Officials (IAPMO) in September 1976. This Code relates to the

plumbing aspects of solar devices rather than to solar equipment. Also, several

States have adopted tax exemptions to encourage solar utilization.

State actions are summarized as follows:

CALIFORNIA: CALIFORNIA has the authority to develop solar regulations, and numerous bills are pending or proposed. Senate Bill 218

(Chapter 168) allows a corporation or individual a deduction

from net income tax for the installation of a solar energy

device. One of the most pressing problems in this area in

CALIFORNIA is the development of product evaluation and

certification systems, and future regulations may address

this issue.

17
COLORADO

CONNECTICUT :

FLORIDA :

GEORGIA :

ILLINOIS :

MASSACHUSETTS:

MICHIGAN:

Senate Bill 75 (Chapter 344, Laws of 1975) provides for

solar installations to be assessed at five percent of

actual value for property tax purposes.

Senate Bill 95 (Chapter 326, Laws of 1975) provides for

the establishment and transfer of easements for the

purpose of exposure of a solar energy device. Consideration is being given to permitting power companies to

charge a "standby rate" for buildings using solar energy.

Opponents charge that this would have a negative effect

on the development of solar energy by limiting the possible

financial incentives for installation of solar equipment.

Senate Bill 652 (Public Act 76-409) provides that a locality

may provide an assessment exemption for a building or addition equipped with a solar energy heating or cooling system.

The Act also provides for the establishment of standards

for solar energy systems.

The FLORIDA State Building Code Act of 1974, Section 553.87,

requires that new plumbing installations in single-family

dwellings be designed so that future installation of solar

water-heating equipment will be possible. The FLORIDA Solar

Energy Center also has authority to set standards for solar

energy systems and conduct testing, as well as promote solar

research and development.

A solar equipment sales tax refund has been approved in

GEORGIA, as well as a constitutional amendment allowing

local governments to exempt solar energy heating and cooling systems from ad valorem taxation.

riB 164 (Public Act 79-943) allows owners who are installing

solar energy systems as an improvement to real property to

claim a value for the improvement equal to a conventional

heating or cooling system for tax purposes.

A law [IB 6813, (Chapter 734)] providing a property tax

exemption for solar or wind-powered systems has been enacted.

Laws providing exemption of solar or wind energy devices

from real property, tangible property, and gross receipts'

taxes were passed in the 1976 legislative session.

18
MIMESOTA :

NEVADA :

NEW JERSEY:

NEW MEXICO :

NEW YORK :

NORTH CAROLINA :

OHIO :

OREGON :

PENNSYLVANIA:

Solar regulations incorporating some features of HUD

Intermediate Minimum Property Standards for Solar Heating and Domestic Hot Water Systems along with other

criteria and some economic analysis provisions are being

developed.

Research is being conducted in NEVADA, but no laws are in

effect or pending relative to solar energy.

The legislature in NEW JERSEY was in the first year of a two year session in 1976 and several solar related bills

carried over into 1977.

NEW MEXICO has a substantial tax break for solar installations, whereby a property owner is allowed to deduct twentyfive percent of the cost of such an installation from his

personal income tax. Where this deduction exceeds the

liability, a rebate is paid to the property owner. The

Construction Industries Commission lias authority to adopt

solar regulations.

Although a number of solar bills were pending in NEW YORK

no action was completed on them in 1976.

The State Building Code Council has authority to regulate

solar energy systems. No bills relating to solar systems

have been enacted.

No special laws relating to solar energy have been enacted

in OHIO.

Property equipped with solar installations may not be taxed more than a property equipped with a conventional heating

or cooling system (HB 2202, Chapter 460, Laws of 1975). In

addition, HB 2036, (Chapter 153, Laws of 1975) adds solar

energy considerations to comprehensive planning.

No solar related laws have been enacted in PENNSYLVANIA.

v

19
TEXAS:

VIRGINIA

WASHINGTON:

WISCONSIN

TEXAS offers a diversified tax exemption package for

solar installations, incorporating the following provisions :

- Solar equipment is exempt from the five percent State

sales tax;

- Businesses engaged exclusively in the manufacture, sale,

and installation of solar equipment are exempt from the

State franchise tax; and

- Solar equipment is excluded from the taxable capital of

any business.

In 1976, VIRGINIA voters approved a constitutional amendment

to allow a locality to provide a tax incentive for solar

energy installations.

Research projects are under way, but no laws are in effect

or pending.

The State has authority to regulate solar energy, but no regulations have been adopted. WISCONSIN’S Attorney General

ruled that the State constitution required equal valuation

of real property and, therefore, property tax exemptions for

solar installations could not be granted.

20
4. TYPE OF ASSISTANCE NEEDED

Based on the findings of this survey, several types of assistance

to the States appear to be necessary. Some States that are administering energy regulations, however, are still deeply involved in

the early stages of their programs and have not developed administrative documents, nor are they sure of the type of assistance

that might be useful to them. The needs cited herein were typical

of several States, thus, indicating the desireability of assistance.

In this context, recommendations in the Regulatory; Implementation;

Education; Product Acceptance Systems; Interstate Communication

Networks; Solar Code, Solar Easements, and Solar Tax Incentives areas

are offered for consideration.

Recommendation No. 1 - Regulatory: A reasonably uniform, nationally

acceptable and enforceable code based on ASHRAE 90-75 should be

developed.

If such a code were adopted, industry could respond with appropriate

conforming products, administrative regulations could be developed,

and a response could be made to other implementation needs. Such a code would permit States to develop State plans with confidence that

these plans could be implemented in the field.

Recommendation No . 2 - Implementation: To insure adequate enforcement,

States should develop a good interface with local enforcement agencies.

Implementation of statewide regulations is dependent on several factors;

most especially local efforts. Simply adopting regulations does not

necessarily result in implementation in the field. It depends on the

development of workable codes and standards and on the presence of

sufficiently trained personnel. State agencies responsible for implementation of building regulations must be adequately staffed and

budgeted to accomplish their mission. State agencies should develop

plan checking and inspection aids as well as educational programs.

This assistance would be provided for State, as well as local personnel

and include those who are responsible for plan review as well as field

inspection. (Also see following recommendation on Education) . This

would include development of checklists, guides, inspection aids, and

necessary documentation.

The State should provide information to the local agencies concerning

anticipated increased costs of the required services, type of staff

required, and suggestions relative to fee schedules. Although some

local jurisdictions have apparently been able to handle residential

energy regulations primarily containing insulation and workmanship

provisions, the more complex energy regulations for other than light

frame construction will be more difficult to enforce. States that

have not adopted a statewide building code must establish entirely new relationships between themselves and their local agencies.

States should be sensitive to traditional State/local relationships.

21
Implementation of State standards, however, is only possible through

the local building regulatory agencies. These local agencies have

been in existence for much longer than the State energy offices, and

often are resistent to direction from the State. In some cases,

communication between the State energy office and the State regulatory

agency has not been adequate to effect the transmittal of information.

Where full cooperation and communication between State and local agencies

does not exist, implementation of the State's energy conservation plan

may prove very difficult.

Recommendation No. 3 - Education: A well conceived, ongoing educational

program for all personnel involved in the program is needed.

State educational programs generally have been directed toward the State

Building Official. Often no specific programs have been developed for

the plan reviewer or the field inspector. (NCSBCS is currently developing such course materials in conjunction with the model code groups under

ERDA contract) . State legislatures often mandate a training program,

which is generally offered once, and the requirements of the legislation

are considered accomplished. An ongoing program repeated on a two- or three-year frequency would reinforce the earlier effort, as well as train new personnel entering the regulatory field.

For local contractors, architects, and designers, the local building

department often is the source of information concerning new regulations.

Course material should include sufficient information to provide local

builders and regulatory officials adequate understanding of energy

conserving regulations and concepts. It will be necessary to update

local officials on the requirements embodied in the code and to explain

these requirements in practical terms. Since building officials lack

previous experience in this area of regulation, they will need instruction in basic thermodynamics with respect to buildings. Educational

programs will have to explain the meaning and use of terms and symbols

such as "R," "U," "resistance," "conductivity," etc. Class material

should develop an "energy ethic" understanding of good principles for

design of buildings for minimum energy usage.

The role of the State energy office relative to education is dependent

on the specific State programs. These offices should be made aware of

the traditional relationships and fragmentation within the building

industry.

Recommendation No. 4 - Product Acceptance Systems: An effort to identify,

review, modify, adopt, and implement product standards should be undertaken.

A number of new industry groups will fall under the purview of the

regulatory process with the adoption of energy conserving regulations.

ASHRAE 90-75 refers to many voluntary standards; most of which do not

require independent testing and inspection. Some means is needed to

properly provide for products which will be acceptable onsite as meeting the

22
intent of the adopted code, as well as the needs of the nation.

This is readily seen in the area of solar products where there are no standards, but it is equally true for more traditional products.

Recommendation No . 5 - Interstate Communication Networks: Regular

channels of communication should be developed between States, particuarly between State energy offices.

Very little communication between States was noted in the study.

Consequently, each State is developing regulations with little

knowledge of other States' experiences.

Recommendation No. 6 - Solar Code, Solar Easements, and Solar Tax

Incentives : Uniform standards for solar equipment and its performance

are necessary; laws regarding solar easements are needed as are Federal

tax incentives.

To develop an industry to manufacture solar products, uniform standards

are required. Laws in the areas of easements and tax incentives will

promote investment in solar equipment.

v

23
5. STATUS OF REGULATORY DOCUMENTS FOR ENFORCEMENTS

OF ENERGY CONSERVATION STANDARDS

Adoption of building energy conservation standards requires the development

of appropriate regulatory documentation (i.e., standard forms, submittal

documents, evaluation guides, acceptance labels, etc.) that will facilitate

adoption of such standards. The findings of this survey indicated that

because the administration of energy regulations was in the beginning

stages , the development of regulatory documentation and formats was not

very advanced. In most States such documents had not yet been developed at

the time of the survey. In others, they were in the process of being

proposed.

Appendix D of this report contains documents from five of the States

surveyed - CALIFORNIA, NEW YORK, NORTH CAROLINA, OHIO and WASHINGTON.

These exhibits are given simply to illustrate the approach being taken in

various States at this stage of development and implementation. Certain of

the exhibits are in fact only proposed formats and may not necessarily be

officially adopted at this time.

The Certificate of Compliance for installation of insulation may be used in

California. Acceptance of Certificate of Compliance in lieu of inspection

is a common practice. Many local agencies that accept the certificate,

however, have reported they still inspect to varying degrees for compliance,

which would include labeled windows. But some agencies felt the signing of

the certificate was for the total job, whereas in reality, no one certifies

compliance with glazing, weatherstripping, piping and ducts requirements.

24
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26
APPENDIX A

STATE REPORTS

PAGE

CALIFORNIA A1

COLORADO A5

CONNECTICUT A7

FLORIDA A-9

GEORGIA

A- 12

ILLINOIS

A- 15

MASSACHUSETTS

A- 17

MICHIGAN

A- 19

MINNESOTA

A- 22

NEVADA

A- 25

NEW JERSEY A- 27

NEW MEXICO

A-28

NEW YORK

A-30

NORTH CAROLINA A-33

OHIO

A-37

OREGON

A-39

PENNSYLVANIA A-42

TEXAS

A-44

VIRGINIA

A-47

WASHINGTON

A-50

WISCONSIN

A-52

MODEL CODE ORGANIZATIONS A- 54
_
APPENDIX A

STATE REPORTS

State of California

Legislative and Regulatory

Legislative and regulatory action has been divided into residential and

non- residential standards.

Senate Bill 277, Chapter 11, November 22, 1972, required the Commission of

Department of Housing and Community Development to adopt energy insulation

regulations for residential occupancies. Regulations for residential energy

standards are promulgated through Title 25 of the State Administrative Code,

of the State Housing Act. Such regulations are required to meet or exceed

HUD-FHA Minimum Property Standards in effect at the time of their enactment,

and to include special provisions for residential buildings over three

stories in height. Regulations are mandated as a minimum; cities may adopt more stringent regulations, if desired.

Senate Bill 144, February 7, 1974, requires the Department of Housing and

Community Development to develop energy conservation standards for new

non- residential buildings and makes local building departments responsible

for enforcement of the standards.

Assembly Bill 1575, May 21, 1974, established the State Energy Resources

Conservation and Development Commission. This agency now has primary

responsibility for development and adoption of energy regulations.

Non- residential standards were adopted in February 1976 and are scheduled to be

effective in February of 1977. Current litigation has placed a stay on implementation of these regulations.

Senate Bill 753, Chapter 877, approved September 26, 1973, amends the

Government Code to require the development of energy conservation standards

for government buildings. It is anticipated that the State Architect

will propose standards equal to those adopted by the Energy Commission.

Senate Bill 218, signed September 1976, Solar Energy Device (personal

income tax exemption). Senate Bill 1524, passed by voters in November 1976,

Residential Energy Conservation Bond Act provides for State loans for

residential energy conservation installations and solar devices.

Numerous bills are pending dealing with energy conservation, alternative

energy sources (geothermal, solar, and nuclear), energy aspects of land

use, State agency policies, tax incentives, pipelines, oil, gas, tankers,

offshore drilling for oil and gas, environmental quality, and bonds and

loan programs, as described in the legislative summary of the State Energy

Resources Conservation and Development Commission, July 8, 1976.
No conflicts with other legal requirements for buildings have been noted. The

primary implementation problem is that no system of independent certification

of energy conserving products is in effect. The result is an inadequate level

of consumer protection.

Scope of Regulations

Regulations cover all buildings, including those agricultural buildings which

exceed a specified energy utilization rate. Non-residential regulations cover heat transmission rates for exterior envelope, as well as all mechanical and

electrical devices and systems which consume energy. Insulation standards do

not vary for different fuels, although some attention is being given to

development of policies to discourage use of inefficient systems, such as electric resistance space heating. Residential regulations control insulation

only.

Tax incentives for use of solar and other non-depletable energy sources are among those pending, as enumerated by the July 8, 1976, legislative summary

of the State Energy Resources Conservation and Development Commission.

A mechanism for appeal from local enforcement procedures exists in theory but

is not implemented.

Regulations do not include special provisions for retrofitting existing

buildings. Administrative rulings state that the regulations apply to new

buildings only.

Administration and Implementation

Statewide energy regulations are enforced through plan check and inspection

at the local level. While no structured feedback system exists, questions

from the local level are handled through the Department of Housing and

Community Development. Energy requirements have added to administrative

costs at the State level. At the local level, administrative costs have

resulted in increases of up to twenty percent in plan check fees. A survey

of local building departments conducted in late 1975 by the State Energy

Resources Conservation and Development Commission, revealed that many departments lack necessary personnel with the technical competence needed for

enforcement of energy standards; costs for plan checking will be further

increased if they are required to provide such expertise.

State Program

The Energy Resources Conservation and Development Commission employs four

full-time professionals in energy' standards development for buildings.

Two full-time clerical workers are employed, one of which is solely for the

purpose of handling the paperwork for advisory committees. Consultants

are employed as needed.
The Department of Housing and Community Development employs the equivalent of

one-half person full-time to deal with energy standard enforcement. Many

cities will have to add personnel for this purpose, but considerable uncer- tainty exists as to the source of funds for such additional staff.

The Energy Resources Conservation and Development Commission has approximately

$600,000 budgeted for building energy conservation. The Department of

Housing and Community Development has no specific budget for energy

conservation.

Product Acceptance and Certification System

Major problems with product certification exist because products are rated by

manufacturers according to a voluntary standard. It was remarked that some cases of substandard performance and durability of insulation materials have

been experienced. Certification procedures probably will have to be developed

through the State or through an independent authority.

No formal reciprocity exists with other States, but active communication

exists with Minnesota, Oregon, and Washington.

Education

Educational programs are mandated by law. Seminars were offered to design

professionals and building officials throughout the State, and a residential

energy manual was developed by the Department of Housing and Community

Development. This manual is distributed by the Department of Housing and

Community Development at a nominal fee which covers publication costs.

A manual for designers, with a chapter on plan review and inspection, is

under development for the non- residential standard. This manual has a proposed standard calculation submittal. A meeting of local officials was held to obtain feedback regarding this proposed manual. The most common concern expressed by the local enforcement officials was staffing. They

stated that any increase in fee they charged went into the general fund

for the city and they did not receive authorization for additional personnel.

The State conducted a poll of enforcement agencies and the personnel shortage

was identified twice as often as the next mentioned item. Other concerns expressed were; personnel training, increased inspection time, and economic

impact on builder.

References

1. AB 1575, Chapter 276 - State Energy Resources Conservation and

Development Commission

2. CEAC Newsletter re court injunction holding up non- residential

standards
3. Survey of local enforcement officials re energy standards and

implementation

4. Legislative Summary - July 18, 1976

5. SB 144 - Non-Residential Standards

6. SB 277 - Residential Insulation Standards

7. SB 753 - Standards for State Buildings

8. SB 218 - Solar Energy - Personal Income Tax Exemption

9. SB 1574 - Residential Energy Conservation Loan Fund

(Bond Issue)

10. Non-Residential Standards

11. Residential Energy Design Manual
State of Colorado

Legislative and Regulatory

There are no statewide regulations for energy conservation in private buildings

currently in effect, except for buildings regulated by the Division of Mousing.

These regulations apply to all manufactured buildings and multi- family dwellings

in areas without a local enforcement agency. The State regulations are the same as those adopted in Colorado Springs. These generally are prescriptive

in nature and are based on a total volumetric heat loss concept.

Regulations were adopted for public buildings within Senate Bill 22. This

Bill requires the Division of Budgeting to develop construction standards which

provide for envelope insulation.

Two bills relative to solar energy were passed. Senate Bill 75 provides that

solar energy devices be assessed for tax purposes at five percent of their

value. Senate Bill 95 establishes the concept of solar easements, and grants

these easements legal standing similar to other real property easements. The

State anticipates adoption of regulations based on the ASHRAE Standard 90-75

when authority to adopt statewide regulations is granted.

Scope of Regulations

Regulations deal primarily with heat transmission coefficients for the exterior

envelope. Other than a program for retrofit of State buildings for energy

conservation, there is no application to existing buildings. It was reported

that implementation of these regulations were intended to generate employment more than to effect energy conservation.

Administration and Implementation

Regulations are enforced through plan check and inspection at the State level.

It has not been determined that energy regulations have added to administrative

costs. It was estimated that only two or three multi-family buildings were

constructed in over a one year period in State regulated areas.

State Program

One- tenth of the time of one licensed professional is spent on energy standards

activities within the Division of Housing. Approximately one-third of an attorney's time is devoted to building energy conservation within the Governor's

Energy Office.

Product Acceptance and Certification System

There is no product acceptance and certification system in effect for current

standards, except required labeling of insulation.
Education

The State reported that it had conducted short, in-house training for individuals

working with energy standards. The training was of an informal nature designed

to familiarize staff with the regulations.

Commentary

The State Energy Office reported that energy legislation often failed to pass due

to lack of support by rural legislators. Frequently, rural legislators are chair- men of committees and their support is critical to passage of legislation.

References

1. SB 22 Creates the Office of State Planning and Budgeting and

describes its functions

2. SB 75 Valuation for Assessment of Solar Heating and/or

Cooling Devices

3. SB 95 Concerning Solar Easements

4. Colorado Springs Energy Code

5. Colorado Springs Advising Committee Report

A-6
State of Connecticut

Legislative and Regulatory

Section 19-395 of the General Statutes of Connecticut establishes the office of

the State Building Inspector and the State Building Code Standards Committee,

which have control of all buildings in Connecticut relative to design,

construction, and use.

Energy conservation rules and regulations apply to all buildings. Pursuant to

authority granted in Section 19-395 of the General Statutes of Connecticut,

the rules and regulations on energy conservation were developed, adopted, and

promulgated in the State Building Code on April 28, 1976. These rules and

regulations were put into effect by an amendment to the State Building Code.

Energy conservation features of these rules pertain to minimum temperature

to be maintained within certain occupancies, and minimum quantity of outside

air for mechanical ventilation related to the type of space being ventilated.

The maximum allowable "U" value for all heated structures is .12 for roofs

or ceilings, for walls, and for floors above non-heated spaces, and the

maximum allowable "U" value for glazing is 1.13. The maximum allowable "U"

value for the edge of a slab on grade is .24. Vapor barriers are required

for walls and ceilings. When glass area exceeds thirty- three percent of

exterior wall area, windows with a "U" value of .65 shall be used. The

maximum glass area is limited to fifty percent of the exterior wall.

To date, no conflicts with other legal requirements for buildings have been noted.

Scope of Regulations

Regulations cover all buildings, and insulation standards do not vary for

different fuels.

SB 652 (Substitute), passed in 1976, as Public Act 76-409 allows municipalities

to exempt solar equipment from assessed real property valuation for 15 years.

Regulations apply to rehabilitation of existing buildings when such rehabilitation exceeds fifty percent of the value of the building, in which case the

entire code applies.

Administration and Implementation

State energy regulations are enforced through plan check and inspection at the

local level. Gommunication and feedback between local officials and the

State office are carried out by State monthly meetings of all local building

officials, by telephone, by correspondence, or in person, and also by monthly

newsletters. Energy requirements have not added to administrative costs.

The only added costs in fees are to cover the increased dollar value of the

building for insulation materials and labor. The energy conservation regulations
are easily understood by the inspectors and builders and no new technical

skills were required.

The mechanism for appeal is to the Building Board of Appeals in each municipality,

then to the State Building Code Standards Committee, and, finally, to the courts.

State Program

There are no budget or special personnel for the development of energy standards

for buildings. From 350 to 500 persons in the State are involved in building

inspection and building regulation enforcement.

Product Acceptance and Certification System

The State Board of Materials and Review approves all methods and modes of

construction for new construction procedures. Acceptance standards are developed by third-party or approved associations. The only reciprocity

agreement is for mobile homes, which are controlled by Federal regulations.

Modules must have the Connecticut Code label, and the label of another

third-party agency, such as Underwriters’ Laboratories, Inc.

Education

There is no formal educational program in energy conservation. However, energy

conservation has been widely promoted by newspapers, television, power

companies, and various programs in schools.

Solar Energy Standards /Regulations

Regulations for solar energy systems will be written by the State Building

Code Standards Committee, in cooperation with the State Building Inspector.

SB 652 (Substitute), 1976, allows municipalities to exempt solar equipment

from assessed evaluation for 15 years, and provides that the Commissioner

of Planning and Energy Policy will establish standards for solar energy

systems. The local building inspector may refer the builder of a solar

system to the Board of Materials and Review for approval.

References

1. Section 19-395, "General Statutes of Connecticut," establishes the Office

of State Building Inspector and State Building Codes Standards Committee.

2. Amendments to the State Building Code on Energy Conservation Standards,

April 28, 1976.
State of Florida

Legislative and Regulatory

Until June 30, 1976, the Bureau of Codes and Standards had jurisdiction over building energy regulations. The 1976 legislature funded neither the Board

of Building Codes and Standards nor the Bureau of Codes and Standards and,

as a result, both exist at this time, but are inoperative.

Florida Law 74-187 "Florida Energy Conservation in Buildings Act of 1974,"

provides that the Department of General Services obtain life -cycle cost

analysis of the energy requirements for all State-financed and state-leased

buildings

.

Florida Law 74-374 "Education Facilities Construction Act," provides for the

Department of Education to require that roof construction have a U- factor of

0.075, and that opaque wall sections of student -occupied spaces have a U-factor

of 0.35.

The Standard Building Code , Appendix L, "Thermal Performance" is applicable in

those jurisdictions within the State where it has been adopted.

The Interim State Building Code Act of 1974, Section 553.87, requires that new

plumbing installations in single- family residences be designed so that future

installation of solar water heating equipment is possible.

HB 776 (Chapter 76-246) "Solar Energy Standards Act of 1976," passed in June

1976, provides for the establishment of standards for equipment, and testing

of equipment for solar energy systems. These are to be established by the

Florida Solar Energy Center.

The 1974 Florida legislature directed the Board of Building Codes and Standards

to submit to the 1976 legislature its recommendations for a State minimum building code. The 1976 legislature did not act on this recommendation; therefore,

the Interim State Building Code remains in effect. Under the Interim State

Building Code, it is not mandatory for any local jurisdiction to adopt energy

conservation standards in building construction. •

New regulations are developed and approved by authority of enabling acts from

the legislature. There are no administrative regulations in effect or being

developed. Present standards and regulations are based on Appendix "L" to the

Standard Building Code , where local authorities have adopted this Code (including

the Appendix)

.

The State Energy Office (Dr. Carlos Warren, 904-488-5623) is in the process of

attempting to gain the responsibility for promulgating energy standards for the

State. If this Office is given the responsibility for energy standards, it most

A9
likely would adopt the ASHRAE 90-75 standard with modifications to accommodate

the unique energy requirements for cooling necessary in the State of Florida.

There is nothing in progress officially at this time.

The State Energy Office has the responsibility for State energy conservation

plans

There are no data available on whether or not individual cities have adopted

their own regulations. However, the City of St. Petersburg may have adopted

"Appendix L" of the Standard Building Code which regulates energy conservation.

The General Services Administration regulates State Buildings. The Department

of Education regulates all school buildings. Up until June 30, 1976, the

Bureau of Codes and Standards had the responsibility for the State Building

Code, and its energy conservation regulations.

No conflicts have been noted between energy standards and other code provisions.

Scope of Regulations

Currently all buildings are regulated the same except for Federal buildings,

which are exempted from State regulations. At the present time each agency

(General Services Administration, Department of Education) sets its own standards. The General Services Administration regulations permit the use of a system analysis approach patterned after the ASHRAE 90-75 standard. These

regulations, in general, cover minimum heat transmission coefficients for

various parts of the exterior envelope using either a "U" value requirement

or a systems analysis approach. Heating, ventilating, and air conditioning

systems and units are regulated under General Services Administration regulations. Hot water heating systems are not covered by any particular regulation

except, as noted earlier, the law requiring that single- family residences be

equipped to permit the later installation of solar water heating equipment.

Regulations do not impose different standards for different fuels.

At present, the State has no tax incentive program or other program for energy

conservation. Tax credit bills were introduced into the State legislature,

but were never discussed or acted on.

Under the Bureau of Codes and Standards, an appeals system existed under the

State Board of Appeals. This system does not exist at the present time.

Administration and Implementation

Rules and regulations for the implementation of the standards have been formulated

by local administrations and are enforced on the local level. Plans and specifications are examined on the local level only and on-site inspection is the

responsibility of the local building inspector. There are no means or processes

at the State level for handling questions and problems of plan review and field

A-10
inspection. However, a local official can get help from the State Energy

Office. At the present time, energy requirements have not added to administrative costs. No forms or checklists have been developed.

State Program

Under the present organization, in effect since June 30, 1976, no personnel

are involved in energy standard enforcement. Budgeting has been provided

only for the State Energy Office. This Office has made energy studies on a limited basis and these studies are available from the Florida Energy Office,

108 Collins Building, Tallahassee, Florida 32301.

Product Acceptance and Certification System

Legislation was introduced but was not passed for a certification system for

building products and equipment related to energy conservation. New products

are certified through the model code product approval process. Appliances and

equipment are certified and accepted through third-party testing agencies such

as American Gas Association (AGA) , Underwriters' Laboratories, Inc. (UL) , etc.

Education

Prior to June 30, 1976, a certification program for building inspectors was

in the planning stage and the State Energy Office has held seminars. Since

that date, with the abolishment of the Bureau of Codes and Standards, no educational programs have been offered or are planned.

The Status of Solar Energy Standards/Regulations

The State of Florida has no authority to regulate solar energy systems, and

there are no legislative or administrative programs or bills pending. With

the exception of the Interium State Building Code requirement on solar water

heating for single -family residences, no solar energy regulation or standards

are in effect.

References

1. Excerpt from Florida Law 74-374, "Educational Facilities," Section 6A-2.67,

"Thermal Insulation."

2. Excerpt from Interim State Building Code, Section 553.87, "Single-Family

Residences Solar Water Heating Requirement."

3. Excerpt, House Bill 776, "Solar Energy Standards Act of 1976."

A-ll
State of Georgia

Legislative and Regulatory

At the time of the interview, the State of Georgia was using a modified Standard

Building Code and had adopted Appendix L, "Thermal Performance." The use of the

Code is at the option of the cities and counties. In the regulatory process at

that time was an energy conservation section that was to be proposed to the State

Building Administrative Board. The State Building Administrative Board was formed

by legislative action in 1968, and presently is under the Bureau of Community

Affairs. This proposed section, Chapter 30, would regulate the design and con- struction of the exterior envelope and the selection of heating, ventilating,

and air-conditioning systems and equipment required for the purpose of effective use of energy. The chapter is modeled after ASHRAE Standard 90-75 and a provision of it states that compliance with the ASHRAE Standard 90-75 is deemed to

meet the requirements of the energy conservation chapter. It is anticipated

that the Governor will ask the State legislature to draft an Energy Code that

would be mandatory throughout the State.

The State Building Administrative Board has authority to promulgate new standards

and regulations without subsequent or enabling legislative action. As stated

above, the present State code is not mandatory for all municipalities, although

most of the larger cities do use the Standard Building Code or the Basic Building

Code .

The State Energy Office is responsible for the State Energy Conservation Plan,

and the State Building Administrative Board coordinates its work with the State

Energy Office.

To date, no city has adopted regulations of its own that are either more stringent

or cover occupancies not covered by the State regulations. The State Energy Office

is the only other agency involved in building energy regulations. To date, no conflicts have been noted between energy standards and other code provisions.

Scope of Regulations

The present regulations cover all buildings except Federal buildings, and, all

buildings are regulated the same, including publicly-owned buildings.

The present regulations do not permit a system analysis approach, but with the

adoption of ASHRAE Standard 90-75, this approach will be allowed. Present

regulations cover minimum heat transmission coefficients for the various parts

of the building. The proposed changes to the code will cover the balance of the

systems as described in ASHRAE Standard 90-75. There is a possibility that

different regulations will be imposed for different types of fuel.

At the present time the State has no tax incentive program or other incentive

programs for energy conservation.

A-12
There are no provisions for appeal from local enforcement, except for factorybuilt housing. Conflicts at the local level are handled by a local appeals

board and then are referred to the courts if necessary.

Regulations do not cover the retrofitting of existing buildings.

Administration and Implementation

The present regulations are enforced at the local level. However, the State is

organizing a staff for State monitoring of the regulations. Plans and specifications are examined and evaluated on a local level, except for factory-built

housing. The local inspector is responsible for on-site inspection. It is

anticipated that in the future a State inspector also may be used for on-site

inspection.

Questions of plan review and field inspection are handled at the states level

only for factory-built housing. All other reviews are held at the local level.

A local official can get help from the State office should he request it. There

is no structured feedback or communication with local enforcement agencies. No

guides, manuals, or checklists have been developed.

To date, energy requirements have not added to the administrative costs of the

State, nor have local agencies increased fees to cover energy conservation plan

review. It is possible that as more review is required, fees might be added in

the future. It is not anticipated that energy requirements will require any new

technical skills or increase the number of total staff needed for plan review.

Also, it is not anticipated that the builder/developer will have any difficulty

in complying with the new regulations.

State Program

At present, there are no staff involved in energy standards enforcement. With

the proposed addition to the State code, it is anticipated that one licensed

professional and two paraprofessionals will be needed.

There is no separate line item in the State budget for building energy conservation. It is not anticipated that the cities will have to add personnel to

administer State-adopted energy conservation regulations, and no administrative

problems have been encountered to date.

The School Board Authority is collecting information on energy consumption.

Product Acceptance and Certification System

There is no certification system for building products or equipment related to

energy conservation. New products will be certified by a third-party such as the model codes, Underwriters' Laboratories (ULJ , American Gas Association (AGA)

,

etc. Efforts are being made with neighboring States for coordination of certification programs, but there are no reciprocity agreements in effect.

A- 13
Education

Georgia is just beginning to conduct education programs on energy conservation.

The audience to which these programs are addressed are the local building

inspectors and officials; however, the programs are extended to builders, and

others. No new textbooks, charts or aids have been developed. The Building

Inspectors Manual of the Standard Building Code is used as a textbook. At

present these programs are offered at two locations. It is anticipated that

the programs will be brought to more local areas. This is a pilot program

and is offered through the University of Georgia/Center for Continuing Education

in Athens.

In addition to the educational programs 22 Area Planning Commissions offer

technical assistance to local governments in their respective areas.

Status of Solar Energy Standards/Regulations

The State of Georgia has no authority to regulate solar energy systems. House

Bill 1480, passed in March of 1976, amends the Georgia Retailers and Consumers'

Sales and Use Tax Act to provide a refund of sales and use tax paid on machines

and equipment used directly in the conversion of solar energy for heating or cooling, water heating, or drying agricultural products.

Senate Resolution 284 proposes an amendment to the Constitution which would

allow local governments to exempt from advalorem taxation all or part of the

value of any device which has been installed as a solar energy heating or cooling system. The Constitutional amendment passed in the general election

on November 2, 1976.

To date, no solar inspection aids or manuals are being considered or used, nor is any training related to solar systems being conducted or considered.

If outside sources are needed for the evaluation of solar systems, the State

will rely on State colleges and universities, as well as Federal laboratories.

At present, when testing laboratories are needed for the accreditation and

certification of solar equipment, the State would prefer that this be done by

private laboratories rather than by State- supported or State-run laboratories.

References

1. Senate Resolution 284

2. Fact Sheet: House Bill 1480

3. House Bill 1480

4. Excerpt, Proposed Building Code, Chapter 30-76, "Energy Conservation."

5. House Bill 273

6. Program: Building Inspectors' Course, University of Georgia Center for

Continuing Education
State of Illinois

Legislative and Regulatory

There is no legislation in effect or pending to adopt standards for energy

conservation in building construction. The State of Illinois has no State

building code. The State Energy Conservation Plan is the responsibility of

the Division of Energy, Department of Business and Economic Development.

Some cities (Naperville, Springfield, Champaign, Urbana) , have considered

energy conservation standards to be incorporated into their city building

code. The Department of Public Health has adopted ASHRAE Standard 90-75

for all factory-built, modular construction, single-family or multi-family

housing.

Scope of Regulations

There are no State regulations on energy conservation in buildings in force,

except for factory-built modules which comprise a small market. There is a tax incentive program for utilization of solar energy.

Administration and Implementation

There is no statewide administration of building codes. Local building officials

and power companies give advice to consumers on energy conservation and

construction practices in buildings.

State Program

The Energy Division of the Department of Business and Economic Development

has three full-time professionals involved in energy conservation. The

State lias an advisory committee on weatherization. Through the Nielsen

Company, the State has conducted an extensive survey of energy usage in

single-dwelling units. This survey was funded by the Institute of Environmental

Quality. The survey report includes date on house insulation, windows

(number, type, and orientation), storm windows, adaptability to solar heating,

and certain demographic data. This data has been collected for three climatic

zones of the State, with a very broad matrix of information. The survey

includes zone 3 (4000 x -5400 degree days), with an estimated 2.4 million

single-family dwelling units, about 1.7 million have storm windows or double

glass, about 1.4 million have 150 mm (6 inches) or more of insulation in the

attic, about 1.9 million have insulation in the side walls, and about 1.2

million have some insulation in the basement or crawl space. The State now

is surveying the homebuilders within the State to determine present energy

conservation practices in residential construction.

Product Acceptance and Certification System

Product acceptance and certification is by stipulations of local governments

and cities which have adopted building codes. Mobile home standards are nationally enforced. There is no reciprocity with other States.

A- 15
Education

Several power companies, colleges, and universities have conducted energy

conservation programs. For example, the Small Homes Council -Building

Research Council has conducted programs on house construction for builders,

architects, and building loan officials for thirty years, including good

insulation practices, solar orientation, passive solar heating, and efficient

heating and cooling systems. Several circulars on these subjects have been

widely distributed throughout the State and the nation, beginning with

circulars on storm windows and solar orientation. Power companies are promoting insulation for electrically-heated homes which exceeds the

Department of Housing and Urban Development -Minimum Property. Standard.

Solar Energy Standards/Regulations

There is a tax incentive program for solar energy systems, Illinois Public

Act 79-943, 1975, amending the Revenue Act of 1939. Under this program, the

County Assessor evaluates the solar heating system of a residence for

building at the cost of a conventional heating system. Educational programs

related to solar systems were conducted.

The Illinois "Energy Conservation Feasibility Report," prepared by the

Division of Energy, Department of Business and Economic Development,

was submitted to the Federal Energy Administration, in August, 1976. A

valuable part of this report is the references, pages 310-317.
State of Massachusetts

Legislative and Regulatory

The State of Massachusetts has no energy conservation code for building

construction. The State Building Code Commission will develop and approve

such a code. This Commission is awaiting a building energy conservation

code compatible with the ASHRAE Standard 90-75. This is being developed

by the National Conference of States on Building Codes and Standards.

The State Energy Conservation Plan is the responsibility of the Energy

Policy Office.

Scope of Regulations

The State Building Code applies to all buildings. Appeal of a decision by

local enforcement agencies is through the State Building Code Appeals Board,

and any rulings of a local building code appeals board must be approved at

the State level. Legislation for a tax incentive program for energy con- servation was filed but not passed. HB 6813, Chapter 734, signed December 11,

1975, provides property tax exemption for solar and/or wind-powered systems.

Administration and Implementation

Any energy conservation code adopted would be administered as part of the

State Building Code through the local agencies. State building supervisors

work through district inspectors to oversee local enforcement officials.

Local officials handle questions related to plan review and inspection.

There is a structured feedback system from the State office through the

district inspectors to the local official. Communication is through district

offices, by telephone, letter, and the supervisor of each district.

State Program

All building officials will be involved in energy standards enforcement.

There are about 500 building officials, of whom about 10% are architects or engineers. There is one architect and one engineer on the State staff,

and two engineers and one architect on the State Building Code Commission.

There is no specific budget for energy conservation. Information on energy

consumption was gathered by the Conserve Program, conducted by the Energy

Policy Office in 1976. This program contacted every homeowner in the State

as to the use of energy in his/her home and for those that responded provided

a free analysis and recommendations for improvements.

Product Acceptance and Certification System

The State Construction Materials Safety Board recommends building products and

equipment for approval to the State Building Code Commission. New products are

A,- 17
certified by third parties, approved by the State Building Code Commission.

Communication with other States is through NCSBCS, Inc.

Education

No funded educational programs in energy conservation have been conducted.

Energy conservation has been promoted widely through various media and schools.

Solar Energy Standards/Regulations

For several decades, solar research has been extensive in universities of the

State, especially at the Massachusetts Institute of Technology. Several solar

assisted space heating and hot water heating systems for buildings have been

tested. There are no solar energy standards in effect. HB 6813, Chapter 734,

December, 1975, exempts solar and/or wind-powered systems from property tax.

References

1. Chapter 802 (1972) establishes the State Building Code Commission for the

adoption and promulgation of a State Building Code.

2. Chapter 1233 (1973) empowers the State Building Code Commission to include

energy conservation in the State Building Code.
State of Michigan

Legislative and Regulatory

During 1976, there was a considerable amount of activity in the energy

regulation area. This culminated in the filing of the document "Energy

Conservation in New Building Design," General Rules --Part 10 (See Draft No. 2 dated February 25, 1976) with the Secretary of State on December 22, 1976.

This rule -making action was taken in accordance with the authority conferred

on the Bureau of Construction Codes (Department of Labor) by Section 6 of Act

No. 230 of the Public Acts of 1972, as amended, being Section 125.1506 of

the Michigan Compiled Laws. Under the terms of Michigan Law, the regulation

will take effect six months after filing, which is June 22, 1977. Part 10

references the ASHRAE Standard 90-75 as follows:

"Rule 1001. (1) Rules governing the exterior building envelope,

heating, ventilating and air conditioning systems and equipment,

service water heating, electrical distribution systems, lighting

power budget determination procedure, energy requirements for

building designs based on system analysis and requirements for

buildings utilizing solar, wind or non-depleting energy sources

in new building design shall be those contained in the standard

for Energy Conservation in New Building Design, ASHRAE 90-75,

incorporated herein by reference except the definition of mobile

homes in section 3 and those exceptions as noted in Rules 1010

through 1055."

The rules changes are primarily concerned with certain definitions, with the

removal of mobile homes from the referenced standards, and with establishing

climatic conditions for Michigan.

A number of other bills submitted to the 1976 Michigan legislature were not

acted upon. Among these was House Bill 6315, a proposed amendment to the

Construction Code Act, which included a specific reference to energy regulations. Senate Bill No. 1175 (introduced October 30, 1975) "A bill to require

energy consumption analyses on facilities owned by the State or a political

subdivision," was not passed.

In August 1975, the Construction Code Commission prepared Draft #1 of "Energy

Conservation Emergency Rules," but these were never filed with the Secretary

of State. Therefore, they did not take effect.

Scope of Regulations

The Michigan Construction Code applies only to those areas which have not chosen

to adopt their own code; therefore, it is not statewide. The regulations exempt

Federal buildings, State buildings, mobile homes, and certain buildings used for

agricultural purposes.

A” 19
Administration and Implementation

In most instances, regulations will be administered by local code authorities.

Where there are no local jurisdictions, the State will administer the regulations. For buildings other than residential, the State will rely primarily

upon the professionals that design the buildings.

State Program

At present, a licensed mechanical engineer and a technician are involved in

the program at the State office level. It is thought that perhaps more help

will be needed once the program is fully under way. However, this activity

is not separately budgeted.

Product Acceptance

Michigan will accept national testing sources recognized by the Building

Officials and Code Administrators International, Inc., and also national

organizations such as the American Gas Association, etc. At present there

are no State reciprocity agreements.

Education

The State office has issued a "Clarification Document for the Emergency Rules

on Energy Conservation." This document includes certain definitions, figures,

and examples as an "attempt to clarify the Exterior Envelope Requirements" and

to explain the procedures involved in typical problems. The document also

establishes basic climatic data for different locations in the State. However,

since the Emergency Rules were not promulgated, the "Clarification" document is

not directly applicable. It can, however, serve a useful purpose as a base for

developing explanatory materials for the energy rules as finally promulgated.

Solar Energy

House Bills 4137, 4138, and 4139 were signed into law by the Governor of Michigan

on May 27, 1976. House Bill 4137 provides for the elimination of tax on the

"sales of tangible property for a solar, wind, or water-energy conservation

device... on a new or existing residential or commercial building."

House Bill 4138 similarly eliminates "excise tax on the storage, use, or consumption..." on the same items, while House Bill 4139 exempts solar, wind,

or water- energy conversion devices from property tax assessment.

House Bill 4241 (introduced February 6, 1975), "A bill to provide for the study,

development, and demonstration of solar heating and combined solar heating and

cooling; and to establish a State Solar Energy Coordinating Council," was not

acted upon. It may be re-introduced in 1977.

A- 20
References

1. Michigan Construction Code Act of 1972 as Amended (printed January, 1975)

2. Excerpt from News Service Michigan Report #104, Friday, May 29, 1976.

3. State of Michigan 78th Legislature, Regular Session of 1976

a) House Bill No. 4137 (relieves business and sales tax on solar, wind, etc.)

b) House Bill No. 4138 (relieves use tax on solar, etc.)

c) House Bill No. 4139 (relieves property tax on solar, etc.)

4. Senate Bill No. 1175 (1975). (To require energy analysis on State-owned

buildings .

)

5. House Bill No. 4598 (1975). (Certain portions of State building projects to

have solar energy.)

6. House Bill No. 4241 (1975). (Study development and demonstration of solar

heating ...etc.)

7. Draft #3 "Clarification Document for the Emergency Rules on Energy

Conservation." (1975)

8. Draft #2 "Department of Labor, Bureau of Construction Codes, Energy Conservation

in New Building Design." (1976)

9. Draft #1 "Department of Labor, Construction Code Commission, Energy Conservation

Emergency Rules." (1975)

10.

House Bill No. 6315 (1976). Expands authority of Building Code Commission

with regard to energy regulations.)

A-21
State of Minnesota

Legislative and Regulatory

Legislative requirements, as provided in Minnesota Laws of 1974, Chapter 116H.12,

Subdivision 4, provide for the establishment of building design and construction

standards regarding heat loss control, illumination, and climate control; and

for the promulgation of such standards through the Commissioner of Administration.

Standards are part of a mandatory statewide building code, and apply both to new buildings and remodeling. It is further provided that any standard

promulgated be cost-effective; i.e., that the energy savings exceed the cost

of the requirement amortized over the life of the building. Regulations are based on ASHRAE 90-P (draft version of ASHRAE Standard 90-75), but use a temperature differential approach rather than degree days. The Code is kept

current through proposals for code changes, which may be submitted by anyone.

Bach proposal must be subjected to public hearing, after which it may be either

accepted or rejected by the Building Commissioner. Adoption of ASHRAE Standard

90-75 is being considered.

Scope of Regulations

All buildings are, covered under regulations, except buildings using less than

1 watt/. 093m2

(1 Watt/ft 2 ). One - and two-family dwellings are regulated only with

respect to heat transmission of exterior walls.

Regulations do not impose different insulation standards for various fuels.

Market forces, however, have recently exerted pressure to curtail the use of

natural gas.

No tax incentives pertaining to energy conservation are in effect, nor are any being considered (since the legislature is not in session) . Action of

local officials may be appealed to the state, but must go through local

building officials.

Administration and Implementation

Enforcement is delegated to inspectors at the local level. Structured feedback

between local and State levels does not exist, but local enforcement personnel

can get help or information from the State at any time without charge. Periodic

code letters and newsletters are sent from the State to officials of local

jurisdictions. It has been reported the energy requirements have added to

administrative costs at both State and local levels, but the impact on plan

check and permit fees at the local level lias not been determined.

Problems have occurred in prescriptive interpretation for general field use,

with many contractors and other builders being unable or unwilling to use performance criteria. Additionally, conflicts have occurred with the State's

mechanical, plumbing, and HVAC requirements, and with referenced ASHRAE

A- 22
standards. It has also been necessary to .accept the state-of-the-art for

water heater efficiency, thus, compliance with regulations is not completely

achieved

.

State Program

The State of Minnesota employs one full-time licensed professional, three

clerical workers, and approximately one half-time paraprofessional in

energy standard enforcement. Other administrative personnel have been

added to city staffs. Approximately five percent of the budget for the

Department of Administration is used for regulation of energy conservation

in buildings.

Product Acceptance and Certification System

No systems for product approval or reciprocity with other States have been

developed.

Education

Publications, as well as seminars at twelve selected locations around the

State, have been used to disseminate information about energy conservation.

Seminars have been given to building official groups, some industries, and

to personnel of homeowner do-it-yourself retail outlets.

Commentary

Personnel from both the Energy Agency and the Building Code Division appeared

to have a close working relationship and a good understanding of code

enforcement. Some of this results from an Energy Research and Development

Administration- funded education projects currently underway. Building Code

Divison personnel acknowledged that, except for insulation, its regulations were not enforced where standards are incompatible with the available

performance levels of products, as is the case with water heaters.

The State produced a Building Official's Guide to assist in implementation

of the energy code. This guide was frequently misused in the field and

became the "code." As a result, the State recalled all copies and

destroyed them.

References

1. State Energy Regulation History Chart

2. Building Code Letter

3. House File 500, includes Energy Survey and Standards for Existing

Buildings and Solar Standards

A-'23
4. Calculation Sheet

5. Building Official Guide to Energy Conservation. This manual was recalled by the State and most copies destroyed.

6. Energy Agency Enabling Legislation

7. Building Code Division Energy Conservation Regulation

A- 2 4
State of Nevada

Legislative and Regulatory

Chapter 515 of the 1975 Statutes of Nevada provides for building insulation

standards, to be promulgated by the State Public Works Board in conjunction

with the Public Service Commission of Nevada, effective July 1, 1976.

Standards may be modified by approval of petitions by both the Board and

the Commission. Anyone may submit a petition by filing three copies with

the secretary-manager of the Board. Hearings may be held, but are not

requisite. If a petition is denied, the Board and Commission must notify

the petitioning party in writing within thirty days, stating the reasons

for denial.

Regulations are based on the Uniform Building Code proposed Chapter 53

(Insulation Requirement), which in turn is based on the values of ASHRAE 90-P.

Special provisions are in effect for buildings where heat is used primarily

to keep the temperature above the freezing level, such as warehouses,

aircraft hangers, etc. In such cases, the stated thermal transmittance

values may be adjusted provided the calculated heat loss for the building

at an inside design temperature of 5° C (42° F) does not exceed that

resulting from conformance to the standard with an inside design temperature

of 21° C (70° F).

These regulations are a mandatory, minimum statewide requirement. There is no statewide building code in Nevada. Several cities had adopted standards

prior to the passage of the State standard. All of the city standards were

less restrictive than the State standard, and, therefore, have been superseded. Cities may adopt more restrictive standards if they choose.

Scope of Regulations

Regulations apply to all buildings except the following:

Agricultural buildings classed as UBC group J division - three occupancies;

buildings where the objective of heating is only to maintain above -free zing

temperatures, as discussed above; and mobile homes, which are covered by

Federal standards. Prescriptive criteria are provided for optional use in

residential buildings of three stories or less. Petitions for variances to

the standards may be requested in writing from the Board, which may act with

or without public hearings on the matter. Buildings using non-depletable

energy sources are specifically suggested as eligible for variances.

Administration and Implementation

The Public Works Board is the enforcing agency for the standard. Enforcement

authority is delegated to "governing authorities in the city, county,

township, or other political subdivision for which they are appointed." Local

A- 25
authorities dieck plans for conformance to the standard, and inspect work

on-site. Local officials can get help from the State on a relatively

informal, one-to-one basis which is extremely effective. This is due to

Nevada's population being small enough for the State officials to maintain

personal contact with local officials.

State Program

Approximately ten percent of the time and effort of one licensed professional

is required for energy standard enforcement. No budget exists for this

function, and time must be taken from other projects.

Product Acceptance and Certification System

New products are certified for compliance with standards by independent

testing laboratories. Reciprocity with other States is handled on the

basis of Model Code approvals.

Education

Seminars for building officials were conducted and others are planned. Such

programs were developed at the request of local building officials.

Solar Energy

The legislature passed SB 552 in 1975 to fund a solar energy research

laboratory to be constructed in Boulder City, Nevada, as a portion of the

Desert Research Institute, a division of the University of Nevada system.

Commentary

The Nevada Public Works Board is responsible for implementation and enforcement

of energy conservation regulations. This placed the Board in a unique

position, as traditionally, it has been involved in public works projects

only, and has no code enforcement personnel. The State has no statewide

building code and some areas of the State do not have building regulations.

It lias delegated enforcement responsibilities to local enforcement agencies,

creating a new relationship between State and local enforcement agencies.

The result of this arrangement is that some rural areas without codes have

no enforcement.

Another problem faced by the Public Works Board was that no funds were

appropriated for this effort. Personnel assigned to develop the regulations were used at the expense of other assigned duties and projects.

References

1. Chapter 515 - Regulation Authority

2. Chapter 636 - Solar Research Laboratory

3. Building Insulation Standards Regulation

A- 26
State of New Jersey

Legislation and Regulatory

On October 7, 1975, Assembly Bill 1299 (PL 1975 C.217) was signed into law.

This law established the authority for a State uniform construction code.

The code is to consist of six specific subcodes, one of which is to be an energy subcode. An energy subcode advisory committee has been established

and is considering the possibility of recommending ASHRAE Standard 90-75.

Hearings may be held in the summer of 1977. The earliest date for adoption

of the energy subcode would be the fall of 1977.

Administration and Implementation

Various enforcement procedures are under consideration. These include State,

local and third-party enforcement, or a mix of these.

State Program

The State is in the process of adopting subcodes at this time, and no details

are available relating to the costs, staffing, education, etc. State officials

expect to provide training, perhaps in cooperation with community colleges

and other education institutions. They expect that energy code requirements

will need extra skills and that perhaps ten percent of their time will be

spent on energy- related activities. They plan to develop a newsletter, as well as other mailings and a formal interpretation service. The State will

rely on the model code product approval system although it may also establish

a State product approval system.

Solar Energy

No solar energy-related legislation has passed in New Jersey. Three bills

are active in the 1977 legislature. These are SB 1426, providing a property

assessment exemption relating to solar systems; SB 1427, providing a sales

and use tax exemption; and, AB 1801, similar to SB 1426.

References

1. State Uniform Construction Code Act (PL 1975, C.127)

Additional Interview

Interviewer also contacted Charles Richmond, Executive Director, State Energy

Office. Mr. Richmond indicated that building energy conservation matters

would be handled through the statewide code.

A-27
State of New Mexico

Legislative and Regulatory

In 1974, a Senate Memorial was passed instructing the Construction Industry

Board to review and revise the State Building Code to incorporate energy

conservation provisions. Administrative promulgation of insulation standards

derived from the proposed Uniform Building Code Chapter 53 followed in

September 1976. Appeals during the transition period are heard by a special

three-member appeals board, which has an expert on solar energy. New

regulations are developed through public hearings before the Construction

Indus try Commission, whose members are appointed by the Governor. Regulations

comprise a statewide mandatory minimum standard. No changes are being

proposed at this time; the primary problem seems to be the possibility of

funding shortages when the current Federal funds are exhausted. Numerous

State agencies are concerned with the promulgation of in-house energy

standards, including the State School Board, the State Supreme Court; the

Department of Finance and Administration, and the Legislative Counsel Service.

Scope of Regulations

All buildings are covered by the current regulations. Publicly-owned buildings

are regulated through the Department of Finance and Administration, which has

established standards on 624,000 kJ/m^/yr. (55,000 Btu/sq.ft./yr .) limit for

all buildings funded by the State. But the different agencies may adopt

different standards for their own buildings. Regulations do not vary with

fuel used.

A significant tax break is provided for solar installations, whereby a residential property owner is allowed to deduct twenty-five percent of the

cost of such an installation from his personal income tax. Where this deduction

exceeds the tax liability, a rebate is paid to the property owner.

Administration and Implementation

Enforcement is basically by local inspection. Cities may elect to inspect

only part of the wr ork, in which case the State assumes responsibility for the

remainder. Buildings are evaluated for compliance with standards through

both plan check and inspection. Questions and problems from the local level

related to this are referred to the Construction Industry' Commission.

State Program

Two full-time professionals are involved in energy standard development with

the State Energy Office. Approximately twenty- five percent of the time of

one clerical employee is devoted to such work. Energy consumption information

is currently being gathered for all State buildings and public schools.

A-28
Product Acceptance and Certification System

There is no product acceptance and certification system in effect.

Education

One-day seminars have been held by the Energy Resources Board for architects

and engineers.

Solar Energy Regulations

Research is being conducted in the solar energy area, but no regulations

have been developed except those that relate to a tax break for installation

of solar collectors (Chapter 12, Laws of 1975). Under this regulation, an individual's State income tax is credited with twenty- five percent of the

cost of equipment used in the individual's principal residence for solar

heating and/or cooling, up to a limit of $1,000. Where twenty-five percent

of the cost of such a solar installation is greater than the individual's

State income tax liability, a rebate is issued in the amount of the

difference.

References

1. Chapter 12 of Laws of 1975, Tax Credit for Solar Energy Systems

A- 29
State of New York

Legislative arid Regulatory

Since January 1, 1975, standards for building insulation (Case 26286, Public

Service Commission) have applied to all new residential buildings for which new gas service was to be used for space heating. The standards are the same as the Department of Housing and Urban Development -Minimum Property

Standard for insulation of residential buildings, except that no insulation

is stipulated for slabs-on-grade. There is no limit on window area.

Energy conservation regulations in all residential construction have been

promulgated and will be enforced beginning on April 1, 1977, for one- and

two-family residential units, and on July 1, 1977, for all multi -family

units. These regulations and their enforcement are by the State of New York

Public Service Commission, and such regulations are set forth in Opinion

No. 76-16, Case 26915, Proceedings on motion of the Commission as to

Insulation Standards, Opinion and Order Requiring Insulation Standards for

New and Expanded Service , issued August 13, 19767 The standards set forth

in this opinion are the same as IIUD-MPS for insulation of buildings, with the

added stipulations of window area percentages, which are twenty- four percent

of wall area for one- and two-family dwelling units, thirty- three percent

for three-story buildings or less, and forty- two percent for four stories or more. The jurisdiction of the Public Service Commission to promulgate and

enforce these standards is discussed on pages 22 to 28 of the Opinion. While

Section 14 of S10719 specifically empowered the Commission to regulate

insulation standards, this Section was repealed by S10765. Governor Carey

stated that the provision was unnecessary, since the Public Service Commission

possessed such authority to promulgate thermal insulation standards for

buildings under existing law. Therefore, the Commission is persuaded that

it lias the power to promulgate and enforce such standards. No conflicts

with legal requirements for buildings is expected.

Scope of Regulations

The standards of Case 26286 have had little energy conservation impact because

little natural gas has been available for new service since January 1, 1975,

the effective date of the standard.

The regulations of Case 26913, Opinion 76-16, to be enforced in 1977 cover

all residential construction. Standards do not vary for different fuels.

There are no tax incentives for use of solar or alternative energy sources. Mechanism for appeal from local enforcement procedure would be to the State

Appeal Board. The Commission will review any cases where unusual circumstances

might impose an unreasonable hardship by compliance with standard. The

regulations will apply to any rehabilitation of an existing building which,

in the opinion of the Commission, is a substantial remodeling or addition to

the building.

A- 30
Administration and Implementation

The insulation standards are enforced through a certificate of compliance to

the local power utility. This certificate of compliance is signed by the

builder and the owner of the building. There is no inspection of the building

required, although occasional checks are recommended for compliance with the

standard. If it is discovered from these occasional inspections that the

insulation standards are not being followed, the Commission may take further measures to enforce the regulations. The certificate of compliance is shown

on the last page, Appendix C of Opinion No. 76-16.

State Program

The development of an energy efficiency construction code was authorized by

S9451, 1974. This code was to be prepared by the State Building Code Council,

but additional legislation would be required for its mandatory promulgation

and implementation. No details are available for numbers of persons involved

in energy conservation regulations.

The State of New York Emergency Fuel Office is responsible for the State

Energy Conservation Plan, address: 20th Floor, Tower Building, Empire State

Plaza, Albany, NY 12223. This Office was not interviewed as part of this study.

Product Acceptance and Certification System

New products are certified by third-party associations and agencies. Communication

with neighboring States is by letter and telephone, and the National Conference

of States on Building Codes and Standards (NCSBCS) , Inc. No formal reciprocity

agreements with other States were cited, although some reciprocity exists in

mobile homes and in manufactured housing.

Education

Education and research in energy conservation has been supported in the colleges

of the State University of New York. Several energy conferences and workshops

were conducted throughout the State, and energy conservation has been widely

promoted in newspapers and other media. The Emergency Fuel Office conducted

energy conservation programs, and further details can be obtained from this

Office.

Solar Energy Standards/Regulations

There are no current or pending regulations in solar energy. Some experimental

work in solar utilization has been conducted by private individuals and at

colleges and universities.

A- 31
Additional Interview

In addition to the interview with Milton Duke, Mr. Richard Furman, Energy

Division of the Public Service Department, Albany (Phone: 518-474-1931), was interviewed at length by telephone, February 25, 1977, for details of

current status of Cases 26286 26913.

References

1. Public Service Commission, State of New York, Opinion No. 76-16,

August 13, 1976, opinion and order requiring insulation standards

for new and expanded electric service.

2. Public Service Commission, State of New York, Opinion No. 76- 16 (A),

November 9, 1976, opinion and order requiring insulation standards

for new and expanded electric service.

3. Public Service Commission, State of New York, Case 26286,

April 16, 1974, Proceeding on motion of the Commission as to the

standards of building insulation used in conjunction with gas

space heating equipment.

A- 32
State of North Carolina

Legislative and Regulatory

The Department of Justice of the State of North Carolina determined on December 4, 1973, that the North Carolina Building Code Council has the

authority to amend the Building Code (GS 143-133) to require insulation

of buildings, private residences, etc. and to provide minimum efficiency

standards for heating, cooling, and ventilating equipment for the purpose

of conserving energy. Energy conservation standards can be promulgated

administratively without the necessity of specific legislation. The new

regulations are developed and approved through the State Building Code

Council. At present, North Carolina uses a modified version of the

Standard Building Code which has been amended to require minimum insulation requirements for all new one- and two -family dwellings and all new

multi-family dwellings three stories in height or less. This amendment was approved January 1, 1975, and is a mandatory minimum statewide standard.

The North Carolina Building Code Council has submitted a proposal to

supplement the existing legislation. The new proposal is partially based

on ASHRAE Standard 90-75, and the HUD Minimum Property Standards. It is

expected that the final draft will be submitted to the Building Code Council

in March 1977 and will be incorporated into the State Building Code in

September 1977.

The Energy Division, a part of the Department of Military and Veterans

Affairs, is responsible for the State Energy Conservation Plan (Mr. Culbreth,

919-829-2230). The Engineering and Building Codes Division of the Department

of Insurance has jurisdiction over the State Building Code and coordinates

its efforts with the Energy Division of the Department of Military and Veterans

Affairs

.

No city in the State of North Carolina has adopted any regulations of its own. State law does not allow cities to do this. The current standard has not

generated any particular problems nor have any conflicts been noted between

energy standards and other code provisions. It is anticipated, however, that

the requirements for additional insulation in the proposed changes to the State

Building Code, may change existing fire test data.

Scope of Regulations

At present, regulations cover only residential -type buildings. They do not cover

Federal buildings on Federal property. All buildings are treated the same and

publicly-owned buildings must meet codes. The present regulations do not permit

a systems analysis approach. This will be allowed under the proposal now in progress.

A- 33
Presently regulations cover only heat transmission coefficients for various

parts of the exterior envelope. Under the proposed regulations heating,

ventilating, and air-conditioning units and systems will be covered under

regulations, as will hot water heating, electrical distribution systems,

and lighting. There are no proposed regulations covering solar energy or other non-depletable energy sources. The proposed standards will treat

all fuels the same. No tax incentive programs are included in the proposal,

but they are under discussion to be sent to the legislature.

Appeals from local enforcement of the energy regulations can be made to the

State Department of Insurance by formal written notice. These are then sent

to the Building Code Council for review. Further appeal is possible through

the Superior Court of the State of North Carolina.

Administration and Implementation

Rules and regulations that have been formulated by the utilization of the

present standards provide for local enforcement. Plans and specifications

are examined and evaluated at the local level for compliance with the standards.

Certain buildings --for example-- schools, require a State review in addition

to local review. Local people can request State review on any building at no fee to the local enforcing agency. On-site inspection is the responsibility

of the local inspector and is also possible by certification of the installer.

The State Electrical Inspector can be requested for additional help. No new

forms or check lists have been developed for this purpose.

questions and problems of plan review and field inspection are handled at a local level, but it is possible to get State help by request.

Communication with local enforcement agencies is implemented by periodic

mailings and meetings of the State Inspector's Association.

So far energy requirements have not added to direct administrative costs at

either the State level, building department level, or builder-developer level.

Local agencies may increase their fees to cover energy conservation plan review

and inspection services. No new tedinical skills have been required to

implement these standards.

State Program

Six licensed professionals and three paraprofessionals are involved in energy

standards enforcement as on a part-time basis in conjunction with their other

duties. There is no specific budget line item for building energy conservation.

The cities have not had to add personnel to administer the State-adopted energy

conservation regulations. No administrative problems have been encountered

with energy- conservation regulations.

A-34
Information on energy costs and consumption is being collected by the Energy

Conservation Subcommittee of the Building Code Council. The School Board

is also collecting data for distribution among the various State agencies.

Product Acceptance and Certification System

The State of North Carolina plans on using national labeling standards and

systems for the certification of building products and equipment. New products are currently certified by third-party testing and use of existing

standards. No reciprocity agreements exist between neighboring States.

Education

Educational programs concerning energy conservation were conducted for

building inspectors and officials. This is part of an overall building

inspector training program held at North Carolina University. Training

programs also are provided for builders and others at builders' meetings.

Several publications have been issued by various divisions of the State

in an effort to educate the general public, as well as, State officials

on energy conservation. These include an energy conservation program

developed by the Energy Division of the Department of Military and Veterans

Affairs; a manual on Energy Conservation in North Carolina Public Schools,

prepared by the North Carolina State Board of Education; a citizens' action

guide to energy conservation, prepared by the Citizens’ Advisory Committee

on Environmental Quality; and, an Energy Conservation Plan proposed by the

North Carolina Department of Education. These programs are still on a voluntary basis but offer State aid and implementation management, etc. to

the various divisions of the State.

Solar Energy Standards/Regulations

The State of North Carolina has authority to regulate solar energy systems

through the State Building Code Council. There are no legislative or administrative proposals or bills at this time.

When outside sources are needed for the evaluation of solar systems, the

building officials will rely on universities and model code groups for this

purpose. It is anticipated that some type of testing laboratory accreditation and certification will be necessary for solar equipment. The present

building officials prefer that this be done by private laboratories, rather

than by Federal or State laboratories.

A-35
References

1. State of North Carolina, Department of Justice, Ruling on Authority of

North Carolina Building Code Council to require insulation of buildings,

private residences, etc.

2. Accumulative supplement to the North Carolina State Building Code,

Volume I, "General Construction," amendments adopted January 1, 1967,

to January 1, 1976.

3. Accumulative supplement to the North Carolina State Building Code,

Volume III, "Heating, Air Conditioning, Refrigeration and Ventilation,"

1976 edition.

4. 1969-1975 amendments to 1968 edition of North Carolina Uniform Residential

Building Code.

5. "Energy Conservation for the State of North Carolina," Department of Military

and Veteran .Affairs, dated November 20, 1974.

6. "Energy Conservation in North Carolina Public Schools and Institutions

of the Community College System," prepared by North Carolina State Board

of Education, dated 1974.

7. "Citizens Action Guide to Energy Conservation," distributed by the North

Carolina Energy Information Program, dated September 1973.

8. North Carolina Department of Education, "Energy Conservation Plan," dated

1976.

9. "Energy Conservation Guidelines for Buildings, Heating, and Cooling Systems

Central Plants," prepared by State Government Energy Conservation Council,

dated December 9, 1975.

10. Proposed draft, Chapter 1 of "Energy Conservation Building Code, Prescriptive

Standards," revised June 29, 1976.

11. Draft copy: Subcommittee on Electricity; The Energy Conservation Council

in Government, dated May 6, 1975.

12. The State of North Carolina Department of Military and Veterans Affairs, Energy

Division, "Energy Conservation Report," dated February 9,1976.

13. Program: Energy Conservation Subcommittee Meeting, February 5, 1976.

A- 36
State of Ohio

Legislative and Regulatory

No regulations for energy conservation in building construction are legislated

or in force in the State of Ohio. The State Board of Building Standards is

empowered to develop and enforce building standards for all buildings, except

one-, two-, or three-family dwelling units and certain agricultural buildings.

The standard also applied to factory-built dwelling units. The Revised Code

of the State of Ohio, Section 3781.07, is the enabling act for the State Board

of Building Standards. On August 27, 1976, Amended Senate Bill 299 specifically

empowered the Board of Building Standards to establish, promulgate, and

enforce energy conservation standards in the buildings under its control.

However, on the same date, House Bill 317 called for a remodification of all

building regulations by December 30, 1976. While the proposed energy conservation

standards of Chapter BB-48 for the Ohio Building Code could have been promulgated

and enforced, BB-48 will not become part of the Ohio Building Code in its

present form. The Uniform Building Code of ICBO is being considered to

replace the Ohio State Building Code. Tlie Appendix of the Uniform Building

Code has an energy conservation standard patterned after ASHRAE Standard 90-75.

Whether the State will adopt this energy conservation code (Appendix of ICBO) or some modification of BB-48 is yet to be determined.

Chapter BB-48 is essentially an energy budget approach which allows certain

connected energy loads, in Btuh per square foot, of various amounts for

various occupanices and uses of buildings. To comply with the budget for a particular building, some 56 items for areas, and loads for lighting, cooling,

heating, water heating, equipment, etc. must be calculated, and then entered

on a form by the engineers and architect for the building. From this data,

the total connected energy load for the building can be calculated and

totaled. The total connected energy load for heating, cooling, hot water,

lighting, etc. is divided by the square footage of floor space of the building.

The basic energy allotments vary from 20 Btu per sq. foot for lodging houses,

27 for motels and hotels, up to 70 for hospitals, 80 for gyms, etc.

A supplemental sheet also includes the "U" values for roof, ceiling, floors,

and walls, and for infiltration. In general, if the "U" value of the thermal

shell, excluding window values, is .10, the building probably will meet the

energy budget stipulated. This supplemental information is not mandatory but

gives some guidance to the Board of Building Standards as to the thermal

efficiency of the shell and the detailed energy budget.

There has been some voluntary use of the energy conservation standard,

particularly in evaluation of school buildings.

In Ohio, the State Energy Conservation Plan is the responsibility of the Ohio

Energy and Resource Development Agency (ERDA) . The City of Columbus has a residential insulation codes, and other cities may have.

A- 37
Scope of Regulations

Under present law, any energy conservation regulations which would be established

by the State Board of Building Standards would apply to all buildings, except

one-, two-, or three-family dwelling units and certain agricultural buildings.

There would be no different standard for various fuels. The State lias no tax

incentive program for energy conservation. Any appeal from local enforcement

is to the State Board of Building Appeals. When there is any change of usage

of a building, the building must comply with the standard.

Administration and Implementation

The State Board of Building Standards has certified 147 building departments

in various cities and counties, as agents for the Board of Building Standards.

There are approximately 1,100 building inspectors in the State. When energy

conservation regulations are finally adopted, they will be included in the

instruction book on the Ohio Building Code, and seminars will be conducted

for educational purposes.

State Program

All building inspectors will be involved in energy standard enforcement, when

such standards are put into effect.

Product Acceptance and Certification System

New products are certified by a third-party. There are no reciprocity

agreements with other States.

Education

Educational programs were conducted, including seven seminars for architects

and engineers, in major cities during the period of the formulation of the

energy conservation code BB-48. After a code is adopted, code officials

and building professionals will attend seminars to become knowledgeable

about the code.

Solar Energy Standards/Regulations

No solar energy standards or regulations were cited. The Ohio State

University has conducted extensive research in solar energy and in

demonstration projects, and University staff are engaged in public

education and consultation on solar energy.

References

1. Proposed Chapter BB-48, Ohio Building Code, "Energy Conservation."

2. .Amended Senate Bill No. 299 amends Sections 3781.10, 4101.083, and

4104.02 of the Revised Code relative to the Authority to Adopt

Building Regulations to Conserve Energy.

A- 38
State of Oregon

Legislative and Regulatory

Oregon Revised Statute 456.750-456.885 required the Director of the Department

of Commerce to establish a uniform building standard for the State, including

building energy conservation standards. The legislation was developed in

July 1973 due to an energy shortage due to lack of water for hydroelectric

facilities. The standards became effective July 1, 1974.

Under the State Building Code, the Director appointed an Energy Conservation

Committee to advise the Structural Codes Advisory Board relative to energy

conservation. This committee developed an insulation standard for residential

buildings three stories or under, as of May 1974. This standard, which became

Chapter 53 of the State Structural Specialty Code, requires residential

buildings three stories or under which are heated or cooled mechanically, to

have at least R-9 in floors; R-18 ceiling, R-ll walls, or a total BTU loss factor.

Double glazing is required for areas having greater than 5,000 annual heating

degree days. Standards for non- residential buildings are under study. It is

anticipated that these standards will be modeled after the ASHRAE Standard

90-75, as contained in Appendix Chapter 53 of the Uniform Building Code.

Regulations may be modified by the Director upon the approval of the Advisory

Board, after public hearings under Oregon's Administration Procedures Act.

Amendments to regulations may be proposed by anyone, either for uniform

application or to fit particular local circumstances. Such amendments must be no less restrictive than the provisions of the State building standard.

Amendments are reviewed by the Board and may be adopted, modified and adopted,

or denied. The person proposing the amendment must be informed in writing

of its disposition within 210 days.

Standards are based on California's residential energy standards, with

numerous modifications. Further modifications are being considered to increase

residential insulation requirements beyond those of the present standard.

Local jurisdictions may not institute requirements in excess of State standards

without State approval. Conflicts have occurred between energy standards and

fire regulations, because certain types of insulation may cause serious

potential for fire propagation and smoke toxicity. Moreover, there is concern

that regulations concerning insulation and closure of crawl spaces may result

in increased likelihood of dry rot in wooden framing members in the moist

areas of western Oregon.

Scope of Regulations

All dwellings, including seasonal dwellings, are covered by present regulations.

Pending non- residential regulations will treat all buildings uniformly.

Publicly-owned buildings are not excepted from regulations.

A- 39
Tax incentives for solar energy (in Chapter 460, Laws of 1975) are provided

by limititations on tax assessment which prohibit taxation on the difference

between the value of a solar installation and that of a conventional heating

or cooling system. This exemption is available for ten years.

Administration and Implementation

Energy regulations are enforced by local agencies where local agencies exist.

Where there are no local enforcement agencies, regulations are enforced by

the State. Plans and specifications are reviewed for compliance with

regulations; construction is inspected on-site; and, installer certification

is required for insulation materials.

The State provides information to the local level through newsletters, and

published meeting minutes, and through personal contact between local

officials and a State official who is assigned to answer questions by mail

or telephone. Structured feedback exists through the "Product, Policy,

Procedure Interpretation "PPPI Manual," which is published in loose leaf

form on an ongoing basis. This Manual contains administrative rulings

concerning code interpretation which have resulted from questions raised

by officials, contractors, building associations, and other interested

parties, as well as product approvals.

Energy requirements have added to administrative, local, and builder's costs,

but State law prohibits fee increases except as approved by the State

legislature.

State Program

One full-time licensed professional in the Building Code Division and one

in the Energy Office handle energy standard enforcement for the State.

Approximately twenty- five percent of the time of one clerical employee in the

Building Code Division is devoted to energy. The Building Code Division uses

about five percent of its budget for building energy conservation. So far,

local governments have been able to handle enforcement of State energy

standards without additional personnel.

Product Acceptance and Certification System

ICBO approvals are accepted, or a product may be submitted to the Director of

Commerce and the Structural Codes Advisory Board for approval. The State has

approved energy conserving products, such as insulated ducts. Local

jurisdictions may not reject products approved by the State. No reciprocity

agreements presently exist with other States. Meetings have been held and an agreement between Oregon, Washington, and Idaho is being drafted on reciprocity

for manufactured buildings. The target date for this agreement is July 1, 1977.

A-40
Education

\ Oregon conducts an annual short-course for code officials at Oregon State

University. Seminars involving energy standards are presented during these

sessions, more so in 1974 when energy regulations had just been passed than

now. Education in standards is financed by a one percent surcharge on permit

fees. A training course on Chapter 53 also is available.

References

1. Magazine Article on Oregon Statewide Code

2. Building Division Newsletter

3. HB 2036 (Chapter 153) Comprehensive Planning for Solar

Energy Consideration

4. HB 2022 (Chapter 460) Tax Exemptions for Solar

5. SB 483 (Chapter 606) Creation and Organization of the

Department of Energy

6. Energy Agency Annual Report

7. Department of Energy Laws - 1976

8. Product, Policy, Procedure Interpretation Manual

9. Energy Proposal Copy (contains regulations)

SB 283 Establishes Energy Conservation Committee

SB 73 Energy Regulations in State Building Code

A-41
State of Pennsylvania

Legislative and Regulatory

No legislative authority exists in Pennsylvania for either a statewide

building code or statewide building energy conservation regulations. Statewide Fire and Panic Regulations are enforced by the Department of Labor and

Industry. These Fire and Panic regulations apply to occupancies defined as follows: permanent or continuous occupancy for group habitation, assembly,

business, educational, high hazard, industrial, institutional or storage

purposes, and includes all buildings containing over 10,000 square feet of

floor area. One-and two-family dwellings are not included.

HB 1344, known as the Building Energy Conservation Act, was introduced by

Representative Musto et al on June 3, 1975. The bill was referred to the

Committee on Mines and Energy Management and died at the end of the session

in 1976. The bill provided for both performance and procedural (perscriptive)

standards, and a manual, and that standards be applied by the Department of

Labor and Industry in a manner similar to the Fire and Panic Regulations.

It was estimated that only twenty -twenty-five percent of the municipalities

have reasonably adequate building codes, and perhaps only 10% have adequate

enforcement.

State Program

The Governor's Energy Council (GEC) was created by Executive Order on February 11, 1974. The Council has the authority to control and coordinate

the proper management of energy use and conservation throughout the Commonwealth.

The Council consists of Secretarial level State officials, academic leaders,

the Governor's Science Advisor, and the Lt. Governor who is the Chairman. The

staff numbers 22 and the budget is about $500,000. Conservation is one of five

major program areas. A Building Systems Task Force was established and a series

of meetings held during the Winter of 1976-1977. Recommendations of the Task

Force will be included in a Report of the Council, which is in preparation as of March 1977. The report most likely will include the recommendation of the

adoption of a statewide building code for Pennsylvania as. the vehicle for energy

conservation regulations.

Education

The Municipal Training Division, Bureau of Local Government Services, Department

of Community Affairs, conducted a two-phase Energy Conservation in Buildings Works!;; in the Fall of 1976. This program conducted in conjunction with the Pennsylvania

State University, was offered as phase I in three locations, with phase II at

University Park. Pennsylvania State University also includes building energy

conservation in its Code Enforcement Certification Programs provided at a number

of locations throughout the Commonwealth.

A-42
Other education activities include an Energy Council Newsletter, and the

energy conservation consultation service which is available through the

Pennsylvania Technical Assistance Program, known as PENNTAP.

Solar Energy

Several bills providing tax incentives for solar energy utilization were

introduced in the Pennsylvania legislature in 1976. These died at the end

of the session. SB 136, providing for a sales and use tax exemption for

parts and installation costs of new or retrofit solar systems , has been

introduced in the 1977 legislative session. Both residential and commercial

applications qualify. The bill has been referred to the Committee on Environmental Resources.

In November 10 1975, the Department of Community Affairs and Commerce and

the Governor's Energy Council conducted a workshop in Pennsylvania for innovators called The Henry Fords of Solar Energy.

Commentary

Although Pennsylvania has a great deal of interest and activity taking place

in the building energy area, it is just now addressing the problem of mandatory

conservation in new building construction. Provided that a strong proposal is

forthcoming from the Governor's Energy Council and that it can be enacted into

appropriate authority, building energy conservation activities can be advanced.

References

1. House Bill 1344, Building Energy Conservation Act

2. Folder - Code Enforcement Officers Training Program 1967-1977

3. Folder - Energy Conservation in Buildings Workshop

4. Pennsylvania Energy Management Program, State-owned Buildings and

Facilities (DRAFT)

5. The Henry Fords of Solar Energy - Folder and Contents, including HB 421

and SB 979 which relate to exclusion of solar equipment for the sales tax

6. Folder of information on the Pennsylvania Technical Assistance Program

(PENNTAP)

7. Energy Instruction Handout

8. Executive Order Relating to the Governor's Energy Council

9. Pennsylvania Energy Council Newsletter

10.

Pennsylvania's Energy Conservation Policy Booklet (includes description of

Building Programs and Lists Energy Council Membership)

A-43
State of Texas

Legislative and Regulatory

Texas has no overall building energy authority in existence, nor is there a Statewide building code.

Texas has a major piece of legislation related to energy conservation in

buildings.

The "Energy Conservation in Buildings Act of 1975" (SB 516) , authorizes the

State Building Commission to write energy conservation standards and codes

which would apply to state- financed buildings, and be available as model

energy conservation codes for use by Texas cities.

Standards applying to State-owned buildings were to be adopted by the State

Building Commission and governing bodies of State institutions by January 1,

1977, but adoption has been postponed until May 1, 1977.

The Act requires the State Building Commission (SBC) to publish an energy

conservation manual for use by designers, builders, and contractors of

residential, as well as apartment and non-residential, buildings. The

manual contains guidelines for energy conservation. These guidelines

closely follow portions of ASHRAE Standard 90-75 (mechanical and lighting

sections) , and include an energy efficiency index for the complete shell

of new buildings. These guidelines are intended to be more architecturallyoriented than those contained in ASHRAE Standard 90-75.

The law requires the SBC to develop model energy conservation building codes

for voluntary use by cities in enacting or amending their own ordinances.

The State has established citizen advisory committees both for State

standards and for model codes.

House Bill 546 (Chapter 719, Public Laws of 1975) permits an exemption from

State and local sales taxes for solar energy devices; an exemption from the

franchise tax for companies engaged exclusively in the business of manu- facturing, selling, and installing solar energy devices; and, a deduction

from taxable capital of the amortized cost of solar energy devices for any

corporation doing business within the State.

The Governor’s Office of Budget and Planning is responsible for the State

Energy Conservation Plan under the Energy Policy and Conservation Act of 1975.

Scope of Regulations

The energy conservation standards to be adopted by the SBC on May 1, 1977, are mandatory for State buildings only. Regulations cover HVAC, hot water,

electrical, exterior envelope insulation, and lighting. The standards are not retroactive.

A- 44
The State Board of Control is studying the energy usage of State agencies in

order to make retrofitting recommendations, and is cooperating with the

Governor's Energy Advisory Council and the University of Texas to analyze

energy usage in selected buildings within the Capitol Complex.

Administration and Implementation

Since regulations are not statewide in scope, the State has no role in

implementation. Where regulations are adopted at the local level, they also

are enforced at the local level. Counties have no legislative authority to

adopt ordinances, thus the recommended regulations would be usable only in

cities.

State Program

The State employs one and one-half professionals and one-half of one paraprofessional full-time to deal with building energy matters.

Product Acceptance and Certification System

There is no product acceptance and certification system in effect.

Education

The Energy Advisory Council currently participates in training local inspectors,

providing information on energy conservation building techniques, and on proposed energy conservation codes. Additional statewide educational programs

are planned for the next year.

Commentary

The Texas model energy code will be recommended for adoption by cities. This

code is being developed by the State Building Commission, which is required

to consult with the Energy Advisory Council and the Department of Community

Affairs

.

The Texas State building regulations for the building shell are unique, from

other proposed or adopted standards. There is an ongoing debate relative to

adoption of the Texas -developed provisions or a national standard. The

Energy Efficiency Index (EEI), or energy allotment concept is quite innovative

and appears to be a valid method.

References

1. Analysis of Texas Solar Tax Exemption

2. Energy Conservation in Buildings - State Report

3. HB 546 - Solar Sales Tax Exemption and Corporate

Amortization of Solar Devices

A-45
4. Energy Conservation Manual Part 1, Residential Buildings

5. Energy Conservation Manual Part 2, Apartment and Non-residential Buildings

6. Energy Management for Commerce and Industry

7. Solar Energy Pamphlets
State of Virginia

Legislative and Regulatory

Current regulations are applied to only residential buildings and state the

minimum total insulating factors in terms of resistance numbers. These

resistance requirements are: R-19 for ceilings, R-ll for exterior walls,

R-7 for floors over crawl spaces, and R-ll for floors over crawl spaces with

electric heat and air conditioning. The regulations are part of the Virginia

Uniform Statewide Building Code and cover one- and two-family dwellings only.

Changes to the State Code are originated in the Office of Housing, and are

sent to the State Board of Review for technical review. They are then sent

to the State Board of Housing, where they are given a public hearing and then,

if passed, become a part of the Virginia Uniform Statewide Building Code. They

do not need State legislative action or enactment bills to become part of the

Code.

Article 21 of the BOCA Code and ASHRAE Standard 90-75 is presently in the

process of a public hearing. The present Code provisions were approved in

November 1975 and became effective in February 1976. They also are under

review to update them in accordance with the new HUD Minimum Property Standards

for housing.

The State Energy Conservation Plan is administered by the Virginia Energy

Office (Mr. Louis Lawson, 804-770-8451). The Office of Housing is involved

with the plan as it pertains to building.

The Virginia State Code is a statewide building code and is applicable in all

cities of the State. No cities have adopted regulations of their own nor are they considering doing so. There are no known problems with the current standard.

State buildings and school buildings do not come under the Office of Housing.

Offices having these buildings under their jurisdiction are working on their own

studies with the Office of Housing. Retrofitting of existing buildings will be

up to the individual agencies. No conflicts have been noted between energy

standards and other code provisions.

Scope of Regulations

Current regulations cover one- and two-family dwellings. Proposed regulations

will cover all buildings except Federally-owned properties. The proposed

regulations will permit a systems analysis approach (energy budget) . The

regulations will state minimum heat transmission coefficients for the various

parts of the exterior envelope. The proposed regulations also will cover

heating, ventilating, air-conditioning systems and units, hot water heating

A-47
systems, electrical distribution systems and lighting as prescribed by ASHRAE

Standard 90-75 and Article 21 of the Building Officials and Code Administrators

International, Inc. (BOCA) Code. No regulations are proposed or in effect

covering solar energy or other non -dep letable energy sources.

The proposed and current regulations do not propose different insulation

standards for various fuels, except as noted for houses over crawl spaces

with electric heating. No tax incentive program or other incentive programs

are offered by the State for energy conservation.

Appeal from local enforcement is provided by a Local Appeals Board and a State Appeals Board. If the conflict is not solved at either of these two

levels, it is possible to go directly to the State Supreme Court from the

State Appeals Board.

Regulations will not cover the retrofitting of existing buildings, except

where repair work exceeds the code regulations and then the new insulation

standards will come into effect.

Administration and Implementation

The State Building Code and all of its provisions are enforced at the local

level through plan checking and evaluation for compliance with standards.

The local building inspector is responsible for on-site inspection. The

State holds a training program once a month to handle the questions and

problems of plan review and field inspection. A local official can get

help from the State office by application or by telephone call. Communications are kept open with local officials by monthly meetings and through

periodic local contact by personal visits. No manuals, checklists, or other

forms or aids have been developed for use by the enforcement officials.

State Program

The State provides no direct enforcement at the State level. There are approximately 300 agencies on the local level. When State enforcement

is required, it is carried out through the Commonwealth Attorney's Office.

At present, there is no budget line item for building energy conservation.

The various cities have not had to add personnel to administer state-adopted

energy conservation regulations and no administrative problems have been

encountered.

Part of a program that is not yet effective will be to collect information

on energy consumption.

Product Acceptance and Certification System

There is no certification system in effect or planned for building products

and equipment related to energy conservation. New products will be certified

A-48
by recognizing the results of tests performed in existing labs (third party)

,

such as Underwriter s ' Laboratories (UL) the American Gas Association (AGA)

,

etc. There are no communications set up with neighboring States nor are there

reciprocity agreements. Reciprocity will be handled by third-party certification.

In the case of larger major buildings, a design professional will certify that

the buildings comply with the energy regulations.

Education

Educational programs are provided to local enforcement people through monthly

meetings. Local building code officials, builders, and others, are invited

to attend the meetings which are held statewide. Suggested improvements to

the current method of education are to formulate a textbook and teaching

procedures, and to desseminate this information for code enforcement through

community colleges. No other training is provided for particular groups, such

as builders, except through the monthly meeting with local building officials,

and an annual ten-day meeting held at Virginia Polytechnic Institute which

addresses the general subject of building code enforcement.

There are currently no texts, charts, or other materials available.

Status of Solar Energy Standards/Regulations

It is not known at this time whether the State has the authority to regulate

solar energy systems. There is no legislative or administrative authority

pending, nor has the State adopted any solar energy regulations or standards.

There was no opinion as to what type of standards or regulations are needed,

as the State has not had much experience in this area. When questions concerning

solar energy or solar energy usage have been asked, the State authorities have

depended primarily on colleges and universities for evaluation and comment.

There is a feeling that some type of testing laboratory accreditation and

certification for solar equipment will be necessary, but private laboratories

or model code groups, such as Underwriters' Laboratories (UL) , and the Building

Officials and Code Administrators International, Inc., (BOCA) respectively, will

be used for this function.

References

1. 1975 Cumulative Supplement to Virginia Uniform Statewide Building Code,

adopted November 17, 1975, effective February 7, 1976.
State of Washington

Legislative and Regulatory

The only Regulations for energy conservation in privately-owned buildings were adopted in the State Electrical Code. Section WAC 296-46-320 requires

a heat loss analysis where electric heating is provided. These regulations

apply to both residential and non-residential occupancies.

The State adopted the Uniform Building Code (UBC) as its statewide building

code. It plans to utilize the energy conservation standards adopted in that

code.

Public Buildings: SB 2106, Chapter 177 of the Laws 1975, requires life-cycle

cost analysis for publicly-owned or -leased facilities relative to energy

conservation systems. Energy conservation standards for State-owned, -leased

or -funded facilities were promulgated administratively. These standards

establish an architectural approach to energy conservation, requ’rin 1 '

1 con- sideration of siting, building geometry, landscaping, prevailing winds, and

energy sources, as well as envelope, electrical system, and mechanical sv em design. Design criteria as contained in ASHRAE Standard 90-75 are approved

but not required.

Scope of Regulations

Only publicly-owned, -leased or -funded buildings and private electricallyheated structures are covered by statewide building energy regulations. Cities

may adopt more restrictive standards. Seattle and Vancouver have adopted the

HUD Minimum Property Standards.

Administration and Implementation

Plans and specifications for State-owned, -leased or -funded buildings are reviewed in the Department of General Administration.

For private buildings, a heat loss analysis must be submitted and the required

insulation shown on the plans. Except for certain major cities, electrical

inspection is conducted by State inspectors. The remainder of the building is

inspected by the local enforcement agency.

State Program

Approximately twenty- five percent of the time of one licensed professional and

one hundred percent, of the time of one paraprofessional is spent on energy

conservation, primarily in giving advice to homeowners concerning retrofitting.

The State has attempted to effectuate energy conservation in the private sector

through assistance, advice, and education. For both public and private sectors.

A- 50
a cost/benefit approach has been used to determine desirable levels of energy

conservation.

Product Acceptance and Certification System

The State would utilize the existing model code product approval system.

Education

Because standards are recommended rather than required for the private sector,

education is needed to stimulate public interest in conservation. This occurs through a variety of channels such as a road show for the public at county

fairs and home shows; and, a retrofit manual for buildings explaining cost

analysis of energy conserving home improvements in laymen's terms. There is no educational program for building officials relative to energy conservation.

A manual for homeowners' use in determining retrofit savings and procedures is

under development.

Commentary

Washington is unique in that electrical energy costs are from 1-1/2 to 2 cents

per KWH. This is due to the fact that 80% of its power is hydro power and usually

from Federal projects. Washington is unique in that electrical inspection is

handled by State personnel with nominal communication between State and local

government apparent.

References

1. Department of General Administration memorandum re Life Cycle Cost Analysis

2. Department of General Administration memorandum re Energy Conservation

Design Standards

3. Homeowners Guide for Computing Energy Conservation Savings

4. Electrical Code (contains insulation regulations)

A- 51
State of Wisconsin

Legislative and Regulatory

The Wisconsin Administrative Code, Section 51.02(16) and 51.02(17) providing

standards for thermal performance and infiltration respectively, were adopted

on an emergency basis in January 1975. A significant number of protests were

received from manufacturers and contractors, particularly those involved in

masonry construction. As a result, the regulations were suspended in April

1975. After extensive public hearings, new regulations were adopted on August 1, 1976. These regulations include the January 1975 provisions and

also include the opportunity to use alternative regulations. The new regulations also committed Wisconsin to development of a total connected energy

budget concept which is now in the process of being developed.

Chapter 404 of the Laws of 1975 establishes a Dwelling Code Council with power

to recommend a one- and two-family dwelling code including energy conservation

provisions. Code adoption is provided for through the Department of Industry,

Labor and Human Relations with local enforcement if the locality so elects.

Chapter 405 of the Laws of 1975 extends the authority of the Dwelling Code

Council to cover manufactured buildings.

Scope of Regulations

Regulations 51.02(16) are for building envelope insulation only. Regulations

apply equally to all buildings, except one and two- family dwellings for which

regulations are under consideration. There is no variation in standards for

various fuel. No tax incentives for non-depletable energy use or development

have been adopted. The Attorney General has ruled that any property tax exemption

granted is unconstitutional as the State constitution requires equal assessment

of all real property.

Administration and Implementation

Other than in Milwaukee, regulations are administered and enforced by the State

for all buildings except one- and two- family occupancies. There are only sixteen

inspectors to cover all aspects of code enforcement for the State and attention

given to energy standards reduces time available for other required tasks. Much

more staff time is required for plan review. Administrative costs have been

increased by enforcement of energy regulations. Fees have not been increased yet,

but it is anticipated some additional fees will be required. It is anticipated

that both office and field staff will be trained to handle energy standards, and

additional personnel with expertise in electrical and mechanical engineering may

be needed as well. Energy regulations are now taking between five and ten percent

of total staff time and effort; but funds have not increased to cover this, and resources have simply been shifted to meet the needs.

1

A- 52
State Program

No new staff has been hired to deal with the Thermal Performance Standard.

Work on such programs take place at the expense of some other project.

Funding suffers from analogous problems with additional expenditures for energy

programs required, but with no additional funding available to support such

programs. Staff has been added to do energy research on the total connected

energy budget concept, which is being developed.

Product Acceptance and Certification System

To date, no independent standards or certification procedures for products exists.

Education

Enforcement training for energy standards is given to State inspectors. In

addition, the University of Wisconsin offers extension courses that deal ex- tensively with energy conservation. These courses are provided specifically

for code officials.

State Report Contents

1. Chapter 404 - 1975 - One and Two-family Code Act

2. Chapter 405 - 1975 - Manufactured Building Act

3. Recommended Code Report

4. Standards Adoption Report

5. State Building Code

A- 53
Model Code Organizations

The Building Officials and Codes Administrators International (BOCA) , Southern

Building Code Congress International (SBCC) and International Conference of

Building Officials (ICBO) , acting singly and together, have been active in

adopting energy conservation regulations. Acting jointly, through the Council

of American Building Officials (CABO) and the Board for the Coordination of

the Model Codes (BCMC) , these groups have prepared a short form version of

ASHRAE Standard 90-75, generally called the "CABO Version."

This CABO adaptation specifically attempts to ease the implementation of energy

conservation standards for "conventional" residential buildings of three stories

or less. The "CABO Version" refers to ASHRAE Standard 90-75 for buildings

other than residential.

The BOCA adopted the "CABO Version" at its June 1976 meeting; and the ICBO

adopted this version at its October 1976 annual business meeting. The SBCC

adopted this version at its November 1976 annual meeting. Both ICBO and

SBCC have included energy regulations as an Appendix to their codes. Individually

the ICBO and SBCC have had other proposed energy standards.

SBCC reported that there was a strong feeling on the part of some of its

members to adopt ASHRAE Standard 90-75 as part of their code. ICBO members were faced with a choice of two code change proposals. The first proposal

was an "insulation only" requirement; the second choice was the CABO Version.

The initial ICBO code change hearing for insulation requirements was in 1974.

The hearing was held for further study in 1974 and 1975. An ad-hoc committee

was appointed to respond to the questions and concerns expressed by its

members and by industry. A revised proposed code change was recommended for

adoption at the 1976 annual meeting of ICBO. The CABO Version was recommended

for further study by the code change committee. The ICBO Board of Directors

was concerned over the need for uniformity among the model codes, and urged

its membership at the annual meeting to adopt the CABO Version. After much

discussion by members and industry', the CABO Version was adopted as an Appendix to the Uniform Building Code (UBC)

At the June 1976 BOCA meeting, an energy' conservation proposal prepared by its

Energy Conservation Committee, was presented to the BOCA membership. Much

floor discussion occurred and amendments were proposed to bring the Committees'

proposal into line with the CABO Version. Essentially, the BOCA membership

adopted the CABO Version with the exception of the lighting requirements.

References

1. CABO Recommendation

2. UBC Insulation Standards - Chapter 53 Proposal

A- 54
APPENDIX B

LIST OF RESPONSIBLE OFFICIALS AND AGENCIES
'

.
LIST OF RESPONSIBLE OFFICIALS

AND AGENCIES INTERVIEWED

CALIFORNIA

Wendell Bakken (916) 322-3964

Craig W. Hoellwarth

Donald Watson, P.E.

Energy Resources Conservation and

Development Commission

1111 Howe Avenue

Sacramento, California 95825

James M. Hicks, Jr. (916) 445-9471

Chief, State of California

Department of Housing

Community Development

Division of Codes and Standards

1807 13th Street

Sacramento, California 95814

COLORADO

Howard Gelt

Assistant to Governor

Energy Policy Council

1845 Sherman Street

Denver, Colorado 80202

Harold A. Knott

Director, Division of Housing

1313 Sherman Street

Denver, Colorado 80203

CONNECTICUT

Bernard E. Cabelus (203) 566-4036

State Building Inspector

Public Works Department

525 State Office Building

Hartford, Connecticut 06115

FLORIDA

Cummins* Tom * (904) 488-3581

Bureau of Codes and Standards

Department of Community Affairs

2571 Executive Center Circle, East

Tal lahassee , Florida 32301

*Contact: John II. Haslam

(303) 892-2507

(303) 892-2033

B-l
GEORGIA

George Bullock, Chairman (404) 543-3852

Jack Jacobs

State Building Administrative Board

Post Office Box 431

Athens, Georgia 30601

ILLINOIS

Jane Heron (designated by Edward Jackson) (312) 793-3113

Program Development Coordinator

Dept, of Local Government Affairs

160 N. LaSalle , Chicago, Illinois

MASSACHUSETTS

Pauline Stanton (designated by Dinezio) (617) 727-6916

State Building Code Specialist

State Building Code Commission

Room 135, John W. McCormick Building

1 Ashburton Place

Boston, Massachusetts 02108

MICHIGAN

Robert C. Hilprecht (517) 373-8187

Executive Director

Construction Code Commission

Michigan Department of Labor

7150 Harris Drive

Lansing, Michigan 48926

MINNESOTA

Norman R. Osterby (612) 296-7037

Assistant Commissioner

Department of Administration

50 Sherburne Avenue

St. Paul, Minnesota 55155

Robert F. Rogers (612) 296-4627

Assistant Director

Building Code Division

Department of Administration

Metro Square Building

7th 8 Robert Streets

St. Paul, Minnesota 55101

B-2
NEVADA

William E. Hancock, AIA (702) 885-4870

State of Nevada

Public Works Board

Carson City, Nevada 89710

NEW JERSEY

William Connolly (609) 292-6415

Administrator

Charles M . Decker (609)292-6364

Assistant Chief

Bureau of Housing Inspection

Department of Community Affairs

363 West State Street

Trenton, New Jersey 08625

NEW MEXICO

Roger Easley (505) 827-2146

Director, Energy Conservation

Energy Resources Board

Post Office Box 2770

Santa Fe, New Mexico 87503

NEW YORK

Milton Duke (212) 488-7136

Assistant Commissioner

Division of Housing and Community Renewal

Two World Trade Center

New York, New York 10047

NORTH CAROLINA

Lee Hauser, P.E. (919) 829-7343

Chief Mechanical Engineer

Department of Insurance

State of North Carolina

Post Office Box 26387

Raleigh, North Carolina 27611

OHIO

Hershel D. Davidson, Executive Secretary (614) 466-3316

Board of Building Standards

Department of Industrial Relations

State of Ohio

2323 West Fifth Avenue

Columbus, Ohio 43216

B-3
OREGON

Walter M. Friday, P.E. (503) 378

Chief, Structural Codes Engineer

William S. Strange

Structural/Mechanical Section

Building Codes Division

Department of Commerce

Labor Industries Building

Salem, Oregon 97310

Michael D. Polansky (503) 378

Rick Morgan

Department of Energy

State of Oregon

528 Cottage Street, N.E.

Salem, Oregon 97310

PENNSYLVANIA

Joseph Ferrer (717) 783

Code Consultant

John M. Fox

Code Consultant

Bureau of Local Government

Department of Community Affairs

Post Office Box 155

Harrisburg, Pennsylvania 17120

William B. Harral

Executive Director

Raymond H. Holst

Assistant Executive Director

Randy Pickett

Assistant Conservation Coordinator

Gerald J. Ridzon

Solar Coordinator

Greg Shawley

Building Systems Task Force

Governor's Energy Council

State Capitol

Harrisburg, Pennsylvania 17120

(717) 783

(717) 783

B-4

8086

8607

5963

9749

8214
TEXAS

Mike Hart (512) 475-7017

Tom Wright

Governor's Energy Advisory Council

State of Texas

7703 No.rth Lamar

Austin, Texas 78752

Bill Bowen (512) 475-2941

Norm Kenney

Texas State Building Commission

Post Office Box 12427

Austin, Texas 78711

Vernon Beringer (512) 475-3383

James Williams

Division of Housing

Department of Community Affairs

State of Texas

Post Office Box 13166, Capitol Station

210 Barton Springs Road

Austin, Texas 78711

VIRGINIA

Joseph E. Bartel 1* (804) 786-7891

State Building Code Director

6 North Sixth Street

Richmond, Virginia 23219

^Replaced by Mr. Proctor (2/77)

WASHINGTON

Raymond G. Anderson (206) 753-4408

Deputy Director

State Energy Office

State of Washington

1000 S. Cherry Street

Olympia, Washington 98504

William E. Dell (206) 753-3074

Assistant Director

Department of Labor and Industries

Division of Building and

Construction Safety Inspection

Post Office Box 207

319 E. 4th Street

Olympia, Washington 98504

B-5
WISCONSIN

Rod Shaunessy (608) 266-8234

Assistant Director for Energy

Wisconsin Office of Emergency Assistance

State of Wisconsin

Madison, Wisconsin 53701

Division of Safety and Buildings

Department of Industry

State of Wisconsin

201 E. Washington Avenue

Box 2209

Madison, Wisconsin

John Wenning, Jr.

Administrator

(608) 266-3531 or

(608) 266-1816

B-6
NDDEL CODE GROUPS

(BOCA)

Mr. Kenneth Schoonover

Building Officials § Code

Administrators International

1313 E. 60th Street

Chicago, Illinois 60637

(ICBO)

Mr. T. H. Carter

Executive Director

International Conference of

Building Officials

5360 Workman Mill Road

Whittier, California 90601

(SBCC)

Mr. Bill R. Manning, P.E.

Director of Education

Southern Building Code

Congress International

3617 Eighth Avenue, South

Birmingham, Alabama 35222

(312) 947-2585 or 678-6666

(213) 699-0541

(205) 252-8930 (office)

(205) 823-0008 (home)

B-7
-

'
APPENDIX C

INTERVIEW GUIDE

INTERVIEW GUIDE

STATE OF THE ART STUDY OF STATEWIDE IMPLEMENTATION

OF ENERGY CONSERVATION BUILDINGS STANDARDS

STATE : AGENCY : PERSON INTERVIEWED :

TITLE:

ADDRESS:

TELEPHONE : DATE : INTERVIEWER:

A. LEGISLATIVE AND REGULATORY

(Obtain good reproducible copies of all legislation and regulations.)

1. What legislation is in effect or pending, adopting standards for energy

conservation in building construction?

Legal Citation (of Act) ; Bill Number, if pending

2. Have you promulgated energy conservation standards administratively?

Explain.

3. How are new regulations developed and approved? How are changes in

regulations made?

4. Upon what standard is your legislation or regulation based?

yC-l
Page 2

5.

Are these energy regulations part of a statewide building code?

If not, explain.

ASHRAE 90-75

Complete Partial Modified Based on

HUD Minimum Property Standards (1974 Revision)

Complete Partial Modified

Other Source (Identify)

6.

What date were regulations approved? (If different for various

occupancies, define.)

7. What date did the regulation go into effect?

8. Is this a mandatory statewide standard?

Mandatory Maximum Mandatory Minimum Voluntary

9. Are you currently proposing or considering any changes to the adopted

standard?

If yes, Explain.

10. Are you familiar with CABO’s Board for the Coordinating of the Model

Codes (BCMC) and its effort in energy conservation regulations?

11. Are you waiting for BCMC "code compatible" version of ASHRAE 90-75?

12. Are you waiting for Model Code group code changes?

13. Do you expect to develop your own standards/regulations?

14. Who in your State is responsible for "State Energy Conservation Plan" under

the Energy Policy and Conservation Act of 1975 (PL 94-163)? (This is an FEA activity and included lighting, thermal and insulation standards for

new and renovated buildings.)

Name, agency and phone if known

Is your agency involved with the above plan?

02
Page 3

15.

What cities that you know of have adopted regulations of their own? Or are considering?

1) More stringent than State.

2) In occupancies not covered by State.

16.

17. What problems do you have with the current standard?

Is there more than one agency involved in building energy regulations?

If yes, explain.

18.

Have you noted any conflicts between energy standards and other code

provisions?

Briefly describe, if any.
Page 4 i

I

1

B. SCOPE OF REGULATIONS 1.

Do regulations cover:

All buildings? If not, how are exempted buildings covered?

Are all buildings treated the s^me?

If not, explain.

Publicly owned buildings?

2. Do regulations permit a system analysis approach (energy budget)?

Explain.

3. Do regulations cover:

Are minimum heat transmission coefficients or rates specified for

various parts of the exterior envelope?

heating, ventilating and air conditioning systems?

heating, ventilating and ait conditioning units?

service hot water heating?

electrical distribution systems?

lighting?

solar energy? ( See last page for interview questions specific to

solar energy standards/regulations .

)

other non-depletable energy sources?

3a. Do regulations impose different insulation standards for various fuels?

4. Does your State have any tax incentive program or other incentive program

for energy conservation? What type?

If so identify bill number, chapter number or legal citation. (Obtain copy.)

Appropriate contact?

C-4
Page 5

5. Are any tax incentive proposals under consideration?

Identify.

Do they refer to standards? Whose?

6. Are there provisions for appeal from local enforcement? How is relief

granted or deemed proper?

7. Any regulations covering retrofitting existing buildings?

a) Addition

b) Remodels

c) Complete building

C-5
Page 6

C. ADMINISTRATION AND IMPLEMENTATION

(Obtain copy of any and all procedural forms in use, also any forms proven

to be unsatisfactory: include other guides, workbooks, etc.)

(Obtain copies of any internal instructions, newsletter, etc. to officials

regarding regulation.)

1. What rules and regulations have been formulated for utilization of the

adopted standard?

2 . How are statewide energy regulations enforced?

a) State level? c) One or

b) Local level? Explain.

more?

I

3. Are plans and specifications examined and evaluated for compliance with

standard?

4. Who is responsible for on-site inspection?

1 . Local inspector 3. Installer Certification

2. State inspector 4. Other

5.

How are questions and problems of plan review and field inspection handled

by your office?

Is there a structured feedback system?

6.

How can a local official get help from the State office?

7. How do you communicate with local enforcement agencies?

8. Have energy requirements added to administrative costs?

To the building department?

To the builder /developer?

Indicate % increase in fees (if any) to cover energy requirements

06
Page 7

9. May local agencies increase fees to cover energy conservation plan review

and inspection services? ,

10. Have energy requirements required any new technical skills not easily

provided?

In the building department: 1) plan checking

2) field inspection

For the builder /developer

v

C-7
Page 8

D . STATE PROGRAM

1. How many persons involved in energy standard enforcement? (Full time

equivalent .

)

licensed professionals?

para-professionals?

clerical?

other?

consultants used?

2. What is your budget for building energy conservation? Estimate . Percent of total.

3. Have cities had to add personnel to administer state adopted energy

conservation regulations?

4. What administrative problems have you encountered to date and how are they being resolved?

5.

Are you currently collecting any information on energy consumption?

If yes, explain.

C-8
Page 9

E. PRODUCT ACCEPTANCE AND CERTIFICATION SYSTEM 1.

What certification system for building products and equipment related to

2. energy conservation do you have in effect? (or planned?)

How are new products certified?

3.

How are acceptance standards developed?

4.

How do you communicate with neighboring states?

5.

What reciprocity agreements do you have with other states?

6.

How is reciprocity handled - State agency

- third party

- Model Code Approval

y

09
Page 10

F. EDUCATION

(Obtain copies of workbooks, etc.)

1.

Have you conducted any educational programs for energy conservation?

Do you have any pending?

What technical levels of audience have you addressed?

2. By what means do you deploy these education programs statewide?

3. What changes would you suggest to improve completed courses?

4. Describe training program (availability of courses, length, number of

locations given, planned.)

5. Is any training provided for builders, others? (specify.)

6. Have any training manuals, charts, aids or other materials been prepared?

7. Has a manual of acceptable practice been developed?

8. Where and at what cost is it available? (Obtain copy.)

C-10
Page 11

INTERVIEW GUIDE

STATUS OF SOLAR ENERGY STANDARDS /REGULATIONS

STATE : AGENCY : PERSON INTERVIEWED :

TITLE:

ADDRESS:

TELEPHONE

DATE : INTERVIEWER:

1. Does your State have authority to regulate solar energy systems (heating,

cooling, hot water, photovoltaic, wind, etc.)?

2. If so indicate legal authority. Agency?

3. Is any authority pending; legislative or administrative?

Bill No.

Status

4. Have you adopted any solar energy regulations or standards?

Approval date:

Effective date:

5. If under consideration what is status?

Agency responsible? Individual? Phone?

6. What type of standards or regulations do you feel are needed?

7.

Does your State have any tax incentive program or other incentive program

for solar energy systems? What type?

If so identify bill number, chapter number or legal citation.

Appropriate contact?

v

C-ll
Page 12

8.

Are any incentive proposals under consideration?

Identify.

9. Do they refer to standards? Whose?

Are any solar inspection aids or manuals being considered or used?

10. Is any training related to solar systems being conducted or considered?

11. What outside sources are being relied on for evaluation of solar systems

by the building official if any?

Colleges, universities

Model Code Groups

Federal laboratories

Private laboratories

State Energy Office or other State agency

12.

What are responsibilities of local plan reviewers and inspectors in

regard to solar system installations?

13.

Will some type of testing laboratory accreditation and certification

of solar equipment be necessary?

14.

What type would you prefer?

Federal

State

Private laboratories

Model Code Group

C-12
APPENDIX D

SAf-PLES OF REGULATORY DOClfENTS

RELATED TO ENERGY CONSERVATION

APPENDIX D - SAMPLES OF REGULATORY

DOCUMENTS RELATED TO ENERGY CONSERVATION

This appendix contains samples of available regulatory documents in use

or proposed for use by various States that were surveyed in conjunction with

this study. They are provided herein for information and reference only.

Index to Documents Exhibited

EXHIBIT

No. STATE DESCRIPTION

1 California Insulation Certification - As required by the State

regulations, both the builder and the insulation

applicator must sign a card certifying that the

proper "R" values for all insulation locations

have been installed. An example of a certification

card, whicli is furnished by the builder or insulation

applicator is shown in Exhibit No. 1.

Source : Energy Design Manual for Residential

Buildings , State of California, Department of

Housing and Community Development, Division of

Codes and Standards.

2 New York Type of form required by builders to certify to

the electric utility that insulation standards

have been complied with before attachment for

electric service

.

Source: State of New York Public Service

Commission Opinion No. 76-16, "Opinion and Order

Requiring Insulation Standards for New and Expanded

Electric Service ."

3 North Carolina "Thermal Envelope Criteria"

Source: PROPOSED DRAFT , Chapter I of Energy

Conservation Building Code, "Prescriptive Standards."

4 Ohio Energy Analysis Report

Source: Proposed Appendix to Chapter BB-48, Ohio

Building Code, "Energy Conservation."

5 Washington Project Energy Evaluation Sheet

Source: State of Washington Energy Conservation

Standards for State Facilities.

D-l
Exhibit #1, California

PVSJS® i <,<p ‘&**.*7: •'T*.v<*S •f%.-*J9-

;.*‘ _".

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'*1 .jAv'* JL*. K ’“ iAsi.^'v:ii v <>.

•,**!

y X f — ''

<X-»/ BN FORM 116

BIA FORM 1486 INSULATION CERTIFICATION

This is to certify that, in conformance with the current energy regulations (California Administrative Code, Title 25, State of California*) and approved plans, insulation has been installed in the building located at:

City County

Street No. (If Available)

ROOFS

Type of Material. EXTERIOR WALLS

Type of Material

DESCRIPTION OF INSTALLATION

Manufacturer Thickness..

Thickness CEILINGS

BATTS:

Type of Material.

Manufacturer..

(Or Trade Name)

Manufacturer.

Sq. Ft. Covered. BLOWN:

Type of Material.

(Or Trade Name)

Manufacturer.

Thickness.

Thickness

Wt./Bag. FLOORS

Type of Material SLAB ON GRADE

Type of Material

(Or Trade Name)

Sq. ft. Covered R Value**.

Manufacturer

. R Value**

R Value**

R Value**

No. Bags

.Thickness R Value*

Width of Insulation

(Or Trade Name)

Manufacturer..

(Or Trade Name) Inches

Thickness R Value**.

FOUNDATION WALLS (if required)

Type of Material.. Manufacturer. .Thickness. R Value*

(Or Trade Name) REMARKS (if desired)

General Contractor (Builder). License Number.

Sub-Contractor (Insulation Applicator).

(Insulation, Masonry, Etc.)

. Title- Date.

(State “SAME" if same as General Contractor)

Title.

license Number.

Date.

(•Colifornio Adminisfrolive Code. Energy Insulation Sfandordt, declorei: “Compliance. Upon completion of the installation of insulation, a card

codifying That the insulation hos been installed in conformonce with the requirements of the-se regulations sholl be completed and e*ecured by

the insulation applicator and by the builder. This >niulotion compliance

card shall be posted at a conspicuous location within the dwelling ")

(**R Volue it the measure of the resistance of a material or building component to the possoge of heat. The resistance value (R) of mass-type

insulations shall not include ony value for reflective facing.)

EXCERfr from Sec. 19875 of the Health and Safety Code of the Sfote

of California: “No certificate of occupancy or similar certification that a newly constructed hotel, motel, apartment house, home or ether residential dwelling it hobitoble tholi be issued by such o building department

unless the structure at least satisfies the minimum energy insulation standards established pursuont to this chopter."

Form 116—© BUILDING NEWS, INC.. 3055 Overland Ave.. Los Angeles, Calif. 90034—(213) 870-9871 Form I486—© BUILDING INDUSTRY ASSOCIATION OF CALIFORNIA, INC, 1571 Beverly Blvd, Los Angeles, Calif. 90026—(213) 625-5771

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D-2

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Exhibit #2, New York

Utility Name

Certificate of Compliance

For Electric Service to New Residential Construction

or

For Expansion of Existing Electric Service for

the purpose of providing electric heat.

I certify that the: /~7 1 or 2 Family Residences

/ / Multi-Family Residences

/~7 Existing Dwelling

/ / Mobile Home

At

Location

is in compliance with the "Minimum Insulation Standards for the

Residential Construction of Buildings".

It is understood that electric service will not be connected or

will be disconnected upon inspection by an appropriate

(utility name) representative if the structure is

not found to be in complete compliance with the conditions

setforth.

Dated

Builder's or Contractor's signature

Dated— Owner's signature

Address

Received by (utility name) representative

D-3
Exhibit #3, North Carolina

(REVISED 6-29-76)

. PROPOSED DRAFT

CHAPTER I OF

ENERGY CONSERVATION BUILDING CODE

"PRESCRIPTIVE STANDARDS"

SECTION 100 GENERAL

100.1 Scope ; The intent of this section is to provide minimum

requirements for building envelope construction for energy

conservation. Any building or portions of a building

classified according to its use or occupancy as Group B

(Business), Group C (Schools), Group D (Institutional),

Group E (Assembly) , and Group G (Industrial) provided

with heating and/or cooling shall comply with this section

when not designed in accordance with the alternative

"Performance Standards" chapter of this section. Group

F (Storage) shall comply with this section when provided

with other than spot heating and/or cooling.

100.2 Compliance : The "Thermal Envelope Criteria" form shall

be included with the drawings and specifications to indicate

compliance with the requirements of this section.
Exhibit #3, North Carolina

THERMAL ENVELOPE CRITERIA

STATE OK NORTH CAROLINA

PROJECT TITLE

LOCATION

OWNER

DESIGNER

OCCUPANCY GROUP

PROJECT DATA;

0

The rmal zone number

Total exterior above-grade gross wall area,

Total glass area, SF (Aq')

17 all U- Factor ~(u

SF

Glass type U- 'Value

Overall wall U- Value

Net wall area LAdl

~

(AG x U r.) i (A

yV x Uw ) ( x HyJ x ) u0~“ Ao =

Roof area

Roof U- Fact or -tup

Floors over unhealed spaces

Aroa

(af)-

Slab on grade edge insulation "R" value

Submitted by

Title

Date

1, Attach tabulation of thermal resistance of wall components showing

derivation of wall U-Factor. (Uw)

D-5
Exhibit # 4, Ohio

APPENDIX E

ENERGY A>1\LYSIS REPORT

This Appendix of the Ohio Building Code is not a part of the code, but

is provided for the benefit of users of OBC.

The Board of Building Standards has added a new chapter to the Ohio Building

Code dealing with energy conservation. Chapter BB-48 is contained in amendments

group XLIX and will become effective June 1, 1976. Because this is a relatively

new area in building code regulation, the Board has determined that an interim

data collection and analysis period should be established to allow ample opportunity to review the overall impact and effectiveness of Chapter BB-48. To this

end, the Board has mandated in section EB-48-02.01 (amendments group L) that,

effective March 1, 1975, an Energy Analysis Report must be submitted tc the

Chief Enforcement Official having jurisdiction prior to the issuance of final

plan approval. The purpose of this Appendix is to provide users of OBC with

a copy of the Energy Analysis Report form and a brief commentary.

Even though B3-4S-02.01 is the only section in Chapter BB-48 which will

become effective March 1, 1975, the remainder of the chapter has been published

in amendments group XLIX for informational purposes. This will permit the users

of OBC to utilize this chapter as a guide in completing the Energy Analysis

Reports and will also allow ample opportunity to identify potential problems in

the chapter prior to the time it becomes effective. The publication of this

chapter should not be construed as imposing any requirements on buildings

for which plan approval is obtained prior to June 1, 1976. The only provision

which must be satisfied prior to that date is that the Energy Analysis Report

must be submitted to the building department having jurisdiction prior to the

issuance of final plan approval.

The Energy Analysis Report must be submitted in duplicate for all new buildings and for all additions to existing buildings included in the scope of

Chapter BB-48 as specified in section BB-48-02. It is not necessary that a report be submitted when the occupancy of a building is changed or when alterations are made to an existing building. It is the intention of the Board that

the Energy Analysis Report be completed by the person responsible for the

design of the building's HVAC system.

The following is a copy of the form which must be used in submitting

the required Energy Analysis Reports. Completion of the first three pages of

the form is mandatory. The fourth page contains supplementary information only

and may be completed at the option of the designer. While completion of the

fourth page is optional, all designers are encouraged to supply this information

since it will be invaluable to the Board in analysis of Chapter BB-48.

Following the Energy Analysis Report form is a brief commentary on the

various items in the form. For clarification, the items in the form have

been numbered and the commentary is cross referenced to the appropriate

items. For further clarification, the designer should refer to Chapter BB-48.

If the designer is uncertain as to how to complete any specific items in the

form, he should exercise his best judgement. In these instances, a brief description of the Item in question should be included in the comments section of

page 4, Supplementary Information. The Energy Analysis Report form as contained

in this Appendix to the Ohio Building Code may be reproduced as necessary.

D-6
Exhibit #4, Ohio

ENERGY ANALYSTS REPORT

(Required by Section BB-48-02.01 Ohio Building Code)

(Effective 3-1-75)

Name of Project:

Location of Project:

County:

Street Address:

City :_

Ohio Building Code Occupancy Chapter:

Purpose for which building will be used:

Owner: Architect

Street: Street

City: City:'

State

Zip: State

Zip:

Registration // State

Mech. Engr.

• Elec. Engr:

Street: Street

City: City:

State: Zip: State: Zip:

Registration // State

Registration // State

}

Name, company and

Name:

title of the individual who completed this

Title:

form:

Company:

Signature Date:

EAR-1

D-7
ENERGY ANALYSIS REPORT

TOTAL CONNECTED ENERGY LOAD

Exhibit #4, Ohio

Gross Floor Area: sq. ft. *** 1 KW = 3413 Btuh ***

Number of Stories: Story Height(s): ft.

1. Lighting Load KW Btuh

COOLING LOAD HEATING LOAD

Blowers

2. Supply Air KW 17'. KW

3. Return Air KW 18. KW

4. Exhaust Air KW 19. KW

5. Others KW 20. KW

6. Total KW Btuh 21. KW Btuh

(Sum of lines 2 through 5) (Sum of lines 17 through 20)

Terminal Unit Capacity

7. Air Coils Btuh 22. Btuh

8. Radiation Btuh 23. Btuh

9. Unit Heaters Btuh 24. Btuh

10. Radiant Panels Btuh 25. Btuh

11. Others Btuh 26. Btuh

12. Total Btuh 27. Btuh

(Sum of lines 7 through 11) (Sura of lines 22 through 26)

Pumps (name plate rating)

(Terminal Unit Recirculating Only)

13. Heating/ Cooling KW 28. KW

14. Others KW 29. KW

15. Total KW Btuh 30. KW Btuh

(Sum of lines 13 and 14) (Sum of lines 28 and 29)

h* O' • Total Load Btuh 31. Btuh

(Sum of lines 6+12+15) (Sum of lines 21+27+30)

32. Total Connected Energy Load Btuh

(Sum of line 1 and the greater of lines 16 or 31)

33. Total Connected Enerev Load Der sa . ft. = -^ne-- = Btuh/sc

Gross Floor Area

34. Adjusted Maximum Allowable Energy Load “ Btuh/sc/

(Refer to sections BB-48-06 and BB-48-06.01

EAR2

D-8
ENERGY ANALYSES REPORT

EFFICIENCY OF ENERGY CONVERSION SYSTEMS . Exhibit #4, Ohio

ENERGY INPUT TO COOLING EQUIPMENT

(Do not include standby equipment)

Cooling Equipment

35. Absorption Machines lbs. Steam/hr. Btuh

36. Electric Driven Machines KW Btuh

37. Condensers KW Btuh

Pumps (name plate rating)

38. Chilled Water KW Btuh

39. Condenser Water KW Btuh

40. Others KW Btuh

41. Total Cooling Input Btuh

42. Cooling EEC = line 41

Allowable Cooling EEC

(s

x 100 =

um of lines 35 through 40)

43. (TABLE BB-48-07) =

ENERGY INPUT TO HEATING EQUIPMENT

(Do not include standby equipment)

Boilers or Warn Air Heaters

44. Gas Gas Rate cu . ft. /hr. Btuh

45. Oil fiph Btuh

46. Electric KW Btuh

47. Converter KW Btuh

48. Burners KW Btuh

49. Others KW Btuh

Pumps (central circulating only)

50. Hot Water KW Btuh

51. Vacuum KW Btuh

52. Condensate KW Btuh

53. Boiler Feed KW Btuh

54. Total Heating Input • Btuh

(Sum of lines 44 through 53)

rr ,, . „ line 31

55. Heating EEC - line 54 x 100 =

56.

Allowable Heating EEC (TABLE BB-48-07) =

EAR3

D-9
.Exhibit #4, Ohio

ENERGY ANALYSIS REPORT

SUPPLEMENTARY INFORMATION

The information requested on this page may be supplied at the option of

the designer and is not mandatory. Nevertheless, all designers are strongly

encouraged to supply this information since it will be invaluable to the Board

during this analysis period.

Occupant Capacity (refer to the commentary) :

(1) Roof Area sq. ft. Average U value

(2) Floors

on grade sq. ft. Average U value

over crawl space sq. ft. Average U value

over unheated basements

or cellars sq. ft. Average U value

(3) Walls

(Gross Area) sq. ft. Average U value

(4) Glass Area sq. ft. Average U value

(5) Door Area sq. ft. Average U value

(6) Method of computing infiltration

(7)

Brief description of HVAC system.

(8)

Comments
Exhibit #4, Ohio

COMMENTARY

Gross Floor Area

The gross floor area is the sum of the floor area of all stories and

floor levels within the building. The gross floor area should include

the floor area of mezzanines and similar intermediate floors. The floor area of basements and cellars should be included if the spate is heated.

Line 1The Lighting Load should include all permanently installed lighting within

the building. Do not include exterior lighting or portable plug-in lights.

Where patch boards are used, the normal load capacity shall be included in determining the lighting load.

Lines 2 through 5 and 17 through 2 0

Include the rated electrical, input to all blowers required to move

conditioned air through the building and to return it to the terminal unit

or to exhaust it from the building. Refer to section BB-48-05, paragraph

(D) for possible exclusions.

Lines 7 through 11 and 22 through 26

Include all terminal units used for conditioning the air in the interior

of the building. Refer to section BB-48-01 for the definition of "terminal

unit." Also refer to section BB-48-05 for further clarification and possible exclusions.

Lines 13 through 14 and 28 through 29

Include only those pumps which are used to control the output of the

coil. Do not include pumps which circulate chilled or hot water from the

energy converter to the terminal units.

Lines 16 and 31

The total cooling load on line 16 equals the sum of lines 6, 12, and 15.

The total heating load on line’ 31 equals the sum of lines 21, 27, and 30.

Line 32

The total connected energy load (Btuh) equals the lighting load

(line 1) plus the total cooling load or the total heating load, whichever

is greater (the greater of line 16 or line 32).

Line 33

The total connected energy load (Btuh per square foot) equals the total

connected energy load (Btuh) divided by the gross floor area of the building

in square feet.

Line 34

From TABLE BB-48-06, select the basic energy allotment and adjust this

value in accordance with the formulae in section BB-48-06. 01.

Lines 35 through 37

Include all of the energy input to compressors and condensers. The

energy input to absorption machines shall be the pounds of steam per hour

received from a central plant or self contained boiler.
Exhibit #4, Ohio

Lines 38 through 40

Include all pumps required to circulate water, to condenser units and

terminal units. Do not include standby pumps.

Line 41

The total energy input for cooling equals the Sum cf lines 35 through 4 0

.

Line 42

The coding EEC equals the total connected energy lead for cooling

(line 16) divided by die total energy input for coding (line 41).

Line 43

Select the allowable cooling EEC from TABLE BB-48-07. '.-.’here a value

is not included in the TABLE for the particular equipment or level of

system loading being utilized, enter EA on line 43.

Lines 44 t hrough 49

Include all fuel input to boilers, warm air furnaces, converters and

other heating equipment.

Lines 5 0 through 53

Include all pumps required to circulate the transfer medium from the

energy converter to the terminal units.

Line 54

The total energy input for heating equals the sum. of lines 44 through 33.

Line 55

The heating EEC equals the total connected energy load for heating

(line 31) divided by the total energy input for heating (line 54).

Line 56

Select the allowable heating EEC from TABLE P.B-48-07 . Where a val ue

is not included in the TABLE for the particular equipment or level of

system loading being utilized, enter NA on line 56.

Occupant Capacity

When mechanical ventilation is provided and the outside air requirement

under the Ohio Building Code is based upon occupant density, the occupant

capacity should be that calculated for the purpose of determining the outside

air requirement. For all other cases, the occupant capacity should be determined in accordance with section EB-23-Q9 OBC.

E-2

D-12
Exhibit #5, Washington

PROJECT ENERGY EVALUATION

Project it Project Name_

Agency Location

A. General Information

1. Type of occupancy 2. Average it of occupants

3. it hours occupied 4. it of floors

5. Gross sq. feet 6. Net usable eq. feet

Structure

Roof/Ceiling "U" square feet

Wall "U" square feet N S E W

Window "U" square feet N S E W

Door "U" square feet N S E w

Gross Wall "U" square feet N S E w

Perimeter BTU/LF lineal feet Floor "U" Sq. Ft.

Window infiltration BTU/foot of crack @25mph wind

Door infiltration BTU/foot of crack @25mph v;ind

C. Heating and Cooling

1. Heating degree days

2. Heating: Outside design temp. °F Inside design temp °F

3. Cooling: Outside design °F DB °F WB Inside design °F DB %RH

4. Outdoor air: cfm per occupant

5. Air circulation: air changes per hour

6. Transmission heat loss (roof, wall, glass, floor)* Btuh

7. Transmission heat gain (roof, wall, glass, floor)* Btuh

8. Outside air loss Btuh

9. People gain Btuh sensible/person Btuh latent/person

D-13

Attachment it

2
Exhibit #5, Washington

D. Water Heating

1 . Entering water temp. 2. Leaving water temp

3. Designed at gal /day 6 flov7 of gpm/lavatory

4. Recovery hour

E. Lighting and Electricity

1. Connected load KW 2. Demo';-’ occupied % 3. Demand unoccupied %

4. Lighting levels Equivalent sphere illumination office/classroom

Foot candles corridors

Foot candles other areas (specify)

F. Conclusions (Consultant to complete the following statements)

1. In our judgement, the design (Includes) (does not include) all of the energy

conservation features specified in the "Energy Conservation Standards for

6tate facilities." (For negative statement provide the reasons for excluding

conservation features.)

2. The design (includes) (does not include) energy conservation features over and

above those specified in the "Energy Conservation Standards for state facilities."

These features (can) (cannot) be economically justified (and) (but which) result

in considerable reduction in fi;i consumption. (Describe added features and

provide cost end fuel savings data.)

Submitted by:

Architect Mechanical Engineer Electrical Engineer

Signature Signature Signature

Name Name Name

Title Title Title

Firm Firm Firm
1 1 4 A (REV. 7-73)

U.S. DEPT. OF COMM.

IBLIOGRAPHIC DATA

SHEET

1. PUBLICATION OR RKPORT NO.

NBSIR 77-1259

2. Gov’t Accession

No.

IfLE AND SUBTITLE

uilding Energy Conservation Programs — A Preliminary

xamination of Regulatory Activities at the State Level

3. Recipient’s Accession No.

5. Publication Date June 1977

6 . Performing Organization Code

lUTHOR(S)

atrick W. Cooke and Robert M. Eisenhard

8 . Performing Organ. Report No.

PERFORMING ORGANIZATION NAME AND ADDRESS

NATIONAL BUREAU OF STANDARDS

DEPARTMENT OF COMMERCE

WASHINGTON, D.C. 20234

10. Project/Task/Work Unit No.

11. Contract/Grant No. IAA No. CG-04-60822-001

Sponsoring Organization Name and Complete Address (Street, City, State, ZIP

)

'ederal Energy Administration Energy Research & Development

iffice of Conservation Administration

and Environment Div. of Bldgs. & Industry

Jashington, D.C. 20461 Washington, D.C. 20545

13. Type of Report & Period

Covered

Final

14. Sponsoring Agency Code

SUPPLEMENTARY NOTES

ABSTRACT (A 200-word or less factual summary of most significant information. If document includes a significant

bibliography or literature survey, mention it here.)

Background information on the current regulatory status and degree of implementation

3f building energy conservation programs at the State level are described, including

Chose programs dealing with solar energy. The objective of the study is to provide

f

he Federal Energy Administration (FEA) with a data base of standards implementation

xperience. This data base can be drawn upon to promote utilization of building

(thermal efficiency standards on a uniform basis throughout the country. From

information collected in a survey of twenty-one selected States, the survey report

presents the current state-of-the-art on common problems experienced at the State

level in the promulgation and implementation of building energy conservation

regulations. Based on these findings, several types of assistance that could

facilitate the orderly adoption and implementation of uniform standards are identified

. KEY WORDS (six to twelve entries; alphabetical order; capitalize only the first letter of the first key word unless a proper name; separated by semicolons

)

Buildings; energy conservation; enforcement; legislation; regulations; solar energy;

standards; state-of-the-art study.

19. SECURITY CLASS 21. NO. OF PAGES

(THIS REPORT)

124

UNCLASSIFIED

20. SECURITY CLASS 22. Price

(THIS PAGE)

UNCLASSIFIED $5.50

». AVAILABILITY jX_ Unlimited

I

| For Official Distribution. Do Not Release to NTIS

I

1 Order From Sup. of Doc., U.S. Government Printing Office Washington, D.C. 20402, SD Cat. No. C 1 4 [y1 Order From National Technical Information Service (NTIS)

Springfield, Virginia 22151 USCOMM-DC 29042- P 74