AGENDA ITEM #10
May 18,2010
Action
MEMORANDUM
May 14,2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
AnalYs~
Action:
Expedited Bill 10-10, Buildings - Energy Efficiency
Repeal
Transportation, Infrastructure, Energy
&
Environment Committee recommendation:
enact
Bill 10-10.
Expedited Bill 10-10, Buildings
Energy Efficiency
Repeal, sponsored by the Council
President at the request of the County Executive, was introduced on March 23, 2010. A public
hearing was held on April 13, at which 6 people testified (4, including the Executive, in support
of Bill 10-10 and 2 in opposition to Bill 10-10).
Bill 10-10 would repeal the requirement that certain residential buildings meet certain ENERGY
STAR standards; and generally amend the law relating to buildings, energy, and environmental
policy. The Transportation, Infrastructure, Energy
&
Environment Committee discussed Billl0­
lOon April 28 in conjunction with a related item, Executive Regulation 26-09, Adoption of the
2009 International Building, Energy Conservation, Mechanical, Fuel-Gas, and Residential
Codes. Action on the proposed regulation is scheduled for earlier this morning (agenda item
2A).
Background
The Council enacted Bill 30-07, Buildings Energy Efficiency on April 22, 2008. Bill 30-07
required certain covered buildings to meet the ENERGY STAR standard by January 1, 2010.
Bill 30-07 defined "covered building" as a newly constructed single family residential building
or a multi-family residential building that is not covered by the County Green Buildings Law or
is not eligible to earn an ENERGY STAR rating.
Bill 30-07 contained an uncodified provision which would delay the ENERGY STAR standard's
effective date from January 1 to April 1,2010, if:
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• the Director of the Department of Environmental Protection certifies by October 1, 2009
that an alternative approach would achieve the same energy efficiency goals and be less
costly to builders and buyers of covered buildings; or
• the Sustainability Working Group finds that there is an insufficient number of qualified
home energy performance raters doing business in the County.
On December I, 2009, the Council enacted Expedited Bill 44-09, Buildings - Energy Efficiency
Deferral which deferred the effective date for requiring certain residential buildings to meet
ENERGY STAR standards from January 1 to April 1, 2010. According to the Executive's
transmittal memorandum for Bill 44-09 (©9), DEP analyzed several alternative standards to the
ENERGY STAR requirement and concluded that the 2009 International Energy Conservation
Code, with the addition of a blower door test to verify compliance, would achieve the same
energy goals as Bill 30-07. DEP concluded that the cost of complying with the IECC 2009 Code
would be comparable, but could not conclude with certainty that IECC 2009 would cost less than
the ENERGY STAR standard.
In his transmittal memorandum for Bill 10-10, the Executive noted that the IECC 2009 includes
2 verification paths
a blower door test or visual inspection of various components of a
building'S air barrier and insulation. The Executive is convinced that IECC 2009, regardless of
the choice of verification, will achieve the energy efficiency goals of Bill 30-07. The Executive
stated that he was reluctant to specify one verification method over another given the consensus­
based code development process and was concerned that requiring a blower door test would
increase the cost of constructing a new home by $200-$400. At the public hearing, after
questioning by Councilmember Berliner, Stan Edwards indicated that DEP believed the
Executive's view was "prudent" in terms of comparability to the ENERGY STAR standards. In
conversations with Council staff, DPS staff indicated that they will require additional visual
inspections, including an insulation inspection, which in their view makes it less likely that a
house will be too leaky.
Issue/Committee Recommendation
The primary issue the Committee considered was whether members concurred with the
Executive's conclusion that the 2009 building codes, regardless of verification method, would
achieve the energy efficiency goals of ENERGY STAR. Both ENERGY STAR and the 2009
codes require a detailed visual inspection and a duct blaster test, which is used to measure duct
leakage. The major difference in verification methods between ENERGY STAR and the 2009
codes is the blower door test, which is used to determine the air tightness of a house. A blower
door test is used to determine compliance with ENERGY STAR, but the test is optional under
the 2009 codes. Industry members raised concerns associated with the blower door test. Council
staff identifies some advantages and disadvantages of using this test below.
Advantages
Disadvantages
• indicates whether the house will meet the • happens late in the process, after walls are
County's energy efficiency goals;
"closed in" so it costs more to find and fix
• indicates whether the house is built too
problems;
tight, which could result problems • will cost additional money to conduct the
2
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associated with lower indoor air quality;
• the test is the best diagnostic test available •
to determine tightness.
test;
industry representatives argue that the test
is unreliable and results can vary.
To address this issue, Council staff presented the Committee with the following options:
1. Adopt
2009
codes and retain the ENERGY STAR requirement.
If the Committee is
not convinced that the 2009 building codes will achieve comparable energy efficiency goals to
the ENERGY STAR standard, the Committee could recommend the Council adopt the 2009
codes and not approve Bill 10-10.
2.
Adopt
2009
codes and do not retain the ENERGY STAR requirement.
If the
Committee concurs with the Executive and is convinced that the 2009 codes will achieve the
same energy efficiency goals as ENERGY STAR, with either a detailed visual inspection or a
blower door test, the Committee could recommend that the Council adopt the 2009 codes and
approve Bill 10-10.
3.
Adopt
2009
codes, do not retain the ENERGY STAR requirement, and require a
blower-door test to verify energy conservation.
If the Committee believes that the 2009 codes
should result in the same energy efficiency goals, but is not convinced that a visual inspection is
sufficient to ensure that the County's energy efficiency goals will be met, the Committee could
recommend adopting the 2009 codes with a local modification to require a blower door test to
verify compliance with the 2009 codes and approve Bill 10-10.
Committee recommendation:
The Committee recommended a variation of option
(3).
The
Committee (3-0) recommended approval of Bill 10-10, but recommended (2-1, Councilmember
Floreen opposed) to require a blower door test for 1 in 10 homes and sunset the blower door test
requirement after 1 year. This option allows the Council to revisit this issue prior to the sunset
date to determine whether the energy efficiency of a house built to the 2009 codes is comparable
to ENERGY STAR. Councilmember Floreen supported adopting the 2009 codes, but did not
support mandating the blower door test for new homes.
3
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This packet contains:
Expedited Bill 10-10
Legislative Request Report
Memorandum from County Executive
Fiscal Impact Statement
CE Memorandum for Bi1l44-09
Select Correspondence
Stan Edwards, DEP
Larry Cafritz, Custom Builders Council
Raquel Montenegro, MNCBIA
Randy Melvin, Winchester Homes
ENERGY STAR Verification Options
Builder Option Package
Performance Path
Thermal Bypass Checklist
F:\LAW\BILLS\lOIO Buildings-Energy Efficiency-Repeal\Action Memo 5-18.Doc
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Expedited Bill No.:...._1:..::<0'--1'-"'0'--_ _ __
Concerning: Buildings - Energy
Efficiency - Repeal
Revised:
4/30/2010
Draft No.
_2_
Introduced:
March 23. 2010
Expires:
September 23, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
[[April 1. 201011
Sunset Date: _N!..!.o::!n.!.1:e=---_c--_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the County Executive
AN EXPEDITED ACT
to:
(1)
(2)
repeal the requirement that certain residential buildings meet certain ENERGY
STAR standards; and
.
generally amend the law relating to buildings, energy, and environmental policy.
By repealing
Montgomery County Code
Chapter 8, Buildings
Article VIII. Energy Efficiency
2008 Laws of Montgomery County, ch. 7, § 5
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 10-10
1
2
Sec. 1. Article VIII of Chapter 8 is repealed as follows:
[Article VIII. Energy Efficiency]
[8-54. Definitions.]
[In this Article, the following words have the meanings indicated:
"Covered building"
means a newly constructed:
3
4
5
6
(1)
(2)
single-family residential building; or
multi-family residential building which is:
(A)
(B)
not a covered building under Section 8-48; and
eligible to earn the ENERGY STAR rating.
7
8
9
10
11
"Department"
means the Department ofPermitting Services.
"Director"
means the Director of the Department or the Director's designee.
"ENERGY STAR rating'
means the ENERGY STAR rating developed by the
12
13
federal Environmental Protection Agency which measures a building'S energy
efficiency.
"Home Energy Rating System"
or
"HERS'
means the energy efficiency rating
14
15
16
system for residential buildings developed by RESNET.
"Qualified home energy performance rater"
means an individual who:
17
18
19
20
(1)
(2)
is certified by RESNET as a home energy performance rater; or
meets other equivalent requirements approved by the Director.
"RESNET'
means the Residential Energy Services Network.
"Peiformance path"
21
22
23
means the process developed by the
federal
Environmental Protection Agency under which a building may achieve the
ENERGY STAR rating if it:
24
25
26
(1)
(2)
achieves the applicable HERS index score; and
is verified and field-tested by a qualified home energy
performance rater.
,
0.
-?
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Buildings-Energy Effiaency-Repesl\BIII 2.Doc
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ExPEDITED BILL
No. 10-10
27
28
29
30
31
32
33
34
35
36
"Prescriptive path"
means the process developed by the federal Environmental
Protection Agency under which a building may achieve the ENERGY STAR
rating if it:
(1)
complies with the applicable ENERGY STAR Builder Option
Package; and
(2)
is verified and field-tested by a qualified home energy
performance rater.]
[8-55. ENERGY STAR standard.]
[A covered building must achieve the ENERGY STAR rating under the
performance or prescriptive path.]
[8-56. Building permits; use and occupancy certificates.]
37
38
[(a)
Design plans.
An
applicant for
a
building permit for a covered building
must submit to the Department:
(1)
design plans for the building that are likely to achieve the
standard under Section 8-55, as certified by a qualified
home energy performance rater; and
(2)
any other document or information the Department finds
necessary to decide whether the building will achieve the
standard under Section 8-55.
(b)
Building permit. The Department must require compliance with
Section 8-55 as a condition of any building permit issued for a
covered building.
(c)
Final use and occupancy certificate. The Department must not
issue a final use and occupancy certificate for a covered building,
if a use and occupancy certificate is otherwise required, unless it
fmds that the building complies with Section 8-55.]
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
[8-57. Regulations.]
([;2
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ExPEDITED BILL
No. 10-10
54
55
56
[The County Executive must adopt regulations under Method (2) to
administer this Article. Those regulations must specify:
(a)
any process for becoming a qualified home energy perfonnance
rater that the Director fmds is equivalent to the RESNET
certification process;
(b)
any standards and procedures under which the Director may
approve full or partial waivers of Section 8-55 when compliance
would be impractical or unduly burdensome and the waiver
would serve the public interest; and
(c)
standards and procedures for any enforcement mechanism that
the Department finds necessary to accomplish the purposes of
this Article.]
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
Sec. 2. Section 5 of Chapter
7
of the 2008 Laws of Montgomery County,
as amended
by
Section 1 of Chapter 32 of the 2009 Laws of Montgomery
County, is repealed as follows:
[(a)
Section 8-55, as added by Section 4 of this Act, applies to any covered
building for which a building pennit application is filed on or after April
1,2010.
(b)
By October 1, 2009, the County Executive must adopt, and submit to
the Council under County Code Section 2A-I5, regulations required by
Section 8-57, as added by Section 4 ofthis Act.]
72
73
74
75
76
Sec.
3.
Expedited Effective Date.
The Council declares that this Act is
necessary for the immediate protection of the public interest. This Act takes effect on
April 1, 2010.
77
Q
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LEGISLATIVE REQUEST REPORT
Expedited Bill 10-10
Buildings-Energy Efficiency-Repeal
DESCRIPTION:
PROBLEM:
Repeals the requirement that certain residential buildings meet ENERGY
STAR standards.
Bill 30-07, Buildings - Energy Efficiency required "covered buildings" to
meet the Energy Star standard for energy efficiency. In this context,
covered buildings include (1) all single family homes; and (2) multi-family
buildings that are eligible for the Energy Star rating and not covered by the
County's Green Buildings Law. Bill 44-09, Buildings - Energy Efficiency
- Deferral deferred the effective date of these provisions to April 1, 2010.
Bill 30-07 included language that authorized the Department of
Environmental Protection (DEP) to "suspend" the applicability ofthe
Energy Star standard until Aprill, 2010 ifDEP found an alternative
standard that: (1) achieved the same energy efficiency goals; and (2) was
less costly to builders and buyers of covered buildings. Following a
comprehensive analysis of a number of alternative standards, DEP
concluded that the 2009 International Energy Conservation Code (IECC
2009), with a local modification that would require a blower door test as a
method of verifying compliance, would result in building energy
performance that was comparable to the Energy Star standard.
Maryland adopted IECC 2009 as the State energy code (effective January 1,
2010) and mandated that all local jurisdictions adopt this code by June 1,
2010. As adopted by the International Code Council (ICC), IECC 2009
includes two paths for verification - a blower door test or visual inspection
of various components of a building'S air barrier and insulation. This bill
recognizes that the ICC's consensus-based code development process
determined that IECC 2009 will achieve the same energy performance
regardless of the verification option selected by the builder.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORlVIATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
To repeal the ENERGY STAR mandate that applies to single-family homes
and certain other residential buildings.
Department of Permitting Services
Completed.
To be requested.
To be requested.
Hadi Mansouri, Chief, Division of Building Construction, DPS
Stan Edwards, Chief, Compliance Division, DEP
To be determined.
Class A
F:\LAW\81LLS\] 010 Buildings-Energy Efficiency-Repeal\LRR 3-08-1 O.Doc
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
-=..
.
::.
...
:'C1
.:;
Isiah Leggett
County Executive.
co
MEMORANDUM
r
C"":l~l
March 16,2010
c.;
C:..1
c::
:::
...-i
-<
TO:
FROM:
SUBJECT:
Nancy Floreen, Council President
Isiah Leggett, County Executive
~
..
~
_y.
.
Proposed Legislation to Repeal the Energy Star Standard for Covered Buildings
. I am fonvarding to Council for introduction an Expedited Bill that would repeal
provisions of the County Code which were added by Bill 30-07, Buildings - Energy Efficiency
that require "covered buildings" to meet the Energy Star standard for energy efficiency.,
In
this
context, covered buildings include: (1) single family home,s; and (2) multi-family buildings that
are eligible for the Energy Star rating and not covered by the County's Green Buildings Law
(i.e., buildings that are three stories or less). I am also fonvarding a Legislative Request Report '
for this bill.
Bill 30-07 made the Energy Star standard applicable to any covered building for
which a building permit application is filed on or after January 1,2010. Bi1144-09, Buildings­
Energy Efficiency - Deferral (which the Council passed on December lO, 2009) deferred the
applicability of the bill to buildingpermit applications filed on or after April
.1,
2010.
Bill 30-07 included language that authorized the Department of Environmental
Protection (DEP) to "suspend" the applicability of the Energy Star standard until April
i,
2010 if
DEP found an alternative standard that: (1) achieved the same energy efficiency goals; and (2)
was less costly to builders and buyers of covered buildings. Following a comprehensive analysis
of a number of alternative standards, DEP concluded that the 2009 International Energy
Conservation Code (IECC 2009), with a local modification that would require a blower door test
as a method of verifying compliance, would result in building energy performance that was '
comparable to the Energy Star standard. The blower door test is projected to cost $200-$400 for
the average sized home.
Maryland adopted IECC 2009 as the State energy code (effective January I,
2010) and mandated that all local jurisdictions adopt this code by June l, 2010.
As
adopted by
the International Code Council (ICC), IECC 2009 includes two paths for verification - a blower
door test or visual inspection of various components of a building's air barrier and insulation.
Based on discussions with the Department of Permitting Servi'ces (DPS) and DEP, I am
convinced that IECC 2009 will achieve the energy efficiency goals of Bill 37-07 regardless of
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Nancy Floreen
March 16,2010
Page 2
the verification option selected by the builder. Recognizing that the ICC's consensus-based code
development process includes representatives from across the construction industry, including
code regulators and industry'representatives, I am reluctant to specify one verification method is
more effective than the other.
In
addition, mandating a blower door test would increase the cost
of constructing a new home by $200-$400 (or more if multiple tests were required), something I
do not recommend given the current state of the construction industry.
Representatives ofDPS can provide more informatIon to Council on IECC 2009,
and the processes used by builders and DPS to ensure that buildings comply with applicable
energy codes.
In
addition, it would be appropriate for DPS and DEP to update the Council
periodically on the status of changes to building codes like IECC, as well as voluntary standards
like Energy Star. Significant changes to codes and standards are likely in the years ahead due to
increased interest in improving the energy efficiency of all buildings, and the development of
new energy related technologies and practices.
7
Attachments
cc:
Kathleen Boucher, Assistant Chief Administrative Officer
Carla Reid, Director, Department of Permitting Services
Robert Hoyt, Director, Department of Permitting Services
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. Il.m..,-
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056033
OFFICE OF MANAGEMENT AND BUDGET .
lsiah Leggett
County Executive
MEMORANDUM
April 14, 2010
Joseph F. Beach
Director
TO:
FROM:
SUBJECT:
Expedited B
ill
I 0- '(}.;
The purpose of this memorandum is
to
tranmnit a revised fiscal and .economic impact
9?
statement to the Council on the subject legislation.
V1
W
LEGISLATION SlJl\1MARY
Bill
10-10
would repeal the requirement that single-family homes and certain other
residentiaf buildings meet ENERGY STAR standards.
FISCAL AND ECONOMIC SUMMARY
This bill, in conjunction with Executive Regulation 26-09, will have no net
fiscal
impact on
the County. [Executive Regulation
26-09 ("2009
International Building, Energy Conservation, Mechanical,
Fuel-Gas, and Residential Codes")
will,
among other things, meet the intent ofthe ENERGY STAR
requirements through the adoption of the State-mandated 2009 International Energy Conservation Code.]
Since Expedited Bill
10-10
repeals the requirement that certain buildings meet ENERGY
STAR requirements, it would have an economic impact on the owner of an affected building: the owner
would
no longer have to incur the cost
of
verifying
that the building meets ENERGY STAR requirements.
The following contributed to and concurred with this analysis: Stan Edwards, Department
of Environmental Protection; Hadi Mansouri, Department ofPermitting Services; David Platt, Department
of Finance; John Greiner, Office of Management and Budget.
JFB:jg
c:
Kathleen Boucher, Assistant Chief Administrative Officer
. Dee Gonzalez, Offices of the County Executive
Bob Hoyt, Director, Department of Environmental Protection
Stan Edwards, Department of Environmental Protection
Carla
Reid,
Director, Department of Permitting Services
HadiMansouri, Department ofPennitting Services
David Platt, Department ofFinance
John Greiner, Office of Management and Budget
John Cuff, Office of Management and Budget
Office of the Director
101 Monroe Street,
Floor' Rockville, Maryland 20850 • 240-777-2800
www.montgomerycountymu.gov
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OFFICE OF TIlE COUNTY
EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
w
November 12,2009 '
.....,
TO:
FROM:
SUBJECT:
Phil Andrews, Council President
,
~
-<
Isiah
Leggett,
County Executive
Proposed Legislation
--P
0--r'""tzJ~>1----'
---.
I am forwarding for ycUf consideration an expedited bill that would modify the
applicability of Bill 30-07, Buildings - Energy Efficiency (which the Council passed on April
22,2008) to make it applicable to covered buildings'for which a building permit application is
filed on or after April 1, 2010. I
ain
also forwarding a Legislative Request Report for this bill.
Bil130-07 requires the following "covered buildings" to meet the Energy Star
standard for energy efficiency: (1) all single family homes; and (2) multi-family buildings that
are eligible for the Energy Star rating and not covered by the County's Green Buildings Law
(i.e., buildings that are three stories or less). Under Bil130-07, the Energy Star standard is
applicable to covered buildings for which a building permit application is filed on or after
January 1,2010.
'
Bill 30-07 included language that authorized the Department of Environmental
Protection (DEP) to "suspend" the applicability of the Energy Star standard until April 1, 20 I 0 if
DEP found an alternative standard that:
(1)
achieved the same energy efficiency goals; and (2)
was less costly to builders and buyers of covered buildings.
After enactment of Bill 30-07 ) DEP conducted a comprehensive analysis of the
following alternative standards: (1) the 2009 International Energy Conservation Code (IECC
2009); (2) the National Association of Home Builder's National Green Building Standard; and
(3) the Department of Energy's Builder Challenge. DEP concluded that IECe 2009, with a local
modification that would require a blower door test as a method of verifying compliance, would
achieve the same energy goals as the Energy Star standard. DEP also concluded that the cost of
complying with this alternative standard would be
comparable to
the cost of complying with
Energy Star. However, based on available data, DEP could not conclude with certainty that the
cost of complying with this alternative standard would be
less than
the cost of complying with
,~
Energy Star.
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Phil Andrews
November 12, 2009
Page 2
The State recently adopted IECC 2009 as the State energy code standard
(effective October 1, 2009) and mandated that all local jurisdictions adopt the IECC 2009 by
April 1, 2010. The Department ofPerrnitting Services (DPS) has drafted proposed regulations ..
that would amend the County's building code to adopt IECC 2009. The proposed regulations
will be published in the December 2009 County Register and submitted to Council
in
early 201
O.
In
light of the comparability of the IECC 2009 and Energy Star standards, I
recommend that the Council make a final decision regarding the appropriate energy coru,ervation
standard for covered buildings under Bill 30-07 at the same time that it considers the proposed
regulations to adopt the IECC 2009 for other types of new buildings. This would allow the
Council to obtain a full understanding of how the IECC 2009 relates to the Energy Star standard
before making a final decision regarding the appropriate standard for single family homes and
multi-famiiy buildings that are three stories or less.
I look forward to working with the Council as it considers this bill.
Attachments (2) .
cc:
Kathleen Boucher, Assistant ChiefAdministrative Officer
Robert Hoyt, Director, Department of Environmental Protection
Carla Reid, Director, Department of Permitting Services
Leon Rodriguez, County Attorney
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Testimony on Behalf of County Executive Isiah Leggett
Regarding Expedited Bill 10-10, Buildings-Energy Efficiency
Stan Edwards, Chief
Division of Environmental Policy
&
Compliance
Department of Environmental Protection
April 13, 2010
Good afternoon. My name is Stan Edwards.
I
am the Chief of the Division of
Environmental Policy
&
Compliance in the Department of Environmental Protection (DEP).
Thank you for the opportunity to testify on behalf of the County Executive in support of
. Expedited Bill 10-10, which would repeal provisions of current law which were added by Bill
30-07, Buildings - Energy Efficiency and require "covered buildings" to meet the Energy Star
standard for energy efficiency. In this context, covered buildings include (1) all single family
homes; and (2) multi-family buildings that are eligible for the Energy Star rating and not covered
by the County's Green Buildings Law (Le., buildings that are 3 stories or less).
Bill 30-07 madethe Energy Star standard applicable to covered buildings for which a
building permit application Was filed on or after January 1, 2010. Bill 44-09, Buildings - Energy
Efficiency Deferral (which the Council passed on December 10, 2009) deferred the effective
date of Bill 30-07 to April 1, 2010."
Bill 30-07 included language that authorized DEP to "suspend" the applicability of the
Energy Star standard until April 1, 2010 ifDEP found an alternative standard that:
(1)
achieved
the same energy efficiency goals; and (2) was less costly to builders and buyers of covered
buildings. Working with the Department of Permitting Services, DEP conducted a
comprehensive analysis of a number of alternative standards. This analysis concluded that the
2009 International Energy Conservation
Cod~
(IECC 2009) contained methods and materials
related to energy efficiency that would result in building energy performance comparable to the
Energy Star standard. Maryland adopted IECC 2009 as the State energy code (effective January
1, 201 0) and mandated that all local jurisdictions adopt this code by June 1, 2010.
The primary difference between IECC 2009 and the current Energy Star standard is the
process for verifying compliance. Energy Star requires a blower door !est. As adopted by the
International Code Council (ICC), IECC 2009 includes two paths for verification - a blower
door test or visual inspection of various components of a building's air barrier and insulation.
Based on discussions with DEP and DPS, the County Executive is convinced that IECC 2009
will achieve the energy efficiency goals of Bill 37-07 regardless of the verification option
selected by the builder. Recognizing that the ICC's consensus-based code development process
includes representatives from across the construction industry, including code regulators and
industry representatives, he is reluctant to specify one verification method is more effective than
the other.
Representativ~s
of DPS can provide more information to Council on IECC 2009, and the
processes used by builders and the Departrnentto ensure buildings comply with applicable
energy codes. In addition, it would be appropriate for DPS and DEP to update the Council
periodically on the status of changes to building codes like IECC, as well as voluntary standards
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like Energy Star. Significant changes to codes and standards are likely in the years ahead due to
. increased interest in improving the energy efficiency of all buildings, and the development of
new energy related technologies and practices.
I would be happy to address any questions the Council may have.
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MARYLPNO-NATIONAL
CA'p1TAL
BUILDING INDUSTRY ASSOOATION
1738 8ton P,oad, Suite 200, Silver Spring, Maryland 20903
(301) 445-5400
I
Fax (30 1) 445-5499
Email: communicationslSmncbia.org
Website:
WWWmncDl8.org
V
JAMES
KEITJ3'\
Va
PresidentlOsiven:
0Junt:y
O<ectler Srott-ers
Herr-es
LLC) .
OOUG MEEKER
Vice Pr>..sdenc/01arleS
County
(Sm
St:reec Develcpmer't)
Comments on Behalf of the Custom Builders Council.
on
Expedited BILL
10-10,
Buildings - Energy Efficiency - Repeal
Public Hearing before the Montgomery County Council
April 13,
2010 .
R08EFIT
J.
SP.<ll.OING
Vee
President/Moncgcm..-y
CoLnt'{
(Miler
0:
Smth
Homes)
MARrfMrrD-'aL.
Good afternoon, I am Larry Cafritz, representing the Custom Builders Council (CBC).
~~~:~~;:,:~ur
builders specialize in building one-of-a-kind homes for specific customers on specific
JOHNS.NOARIS.III
lots. I am testifying today in support of the County Executive's Expedited
Billl0-lO,
Vee Pres_t. MariS
0Junt:y
ffi
(LawOfOCeofJorn8.NorrislllLLC)
Buildings - Energy E Iciency.
Va
PresicentJWasnngtcn
oc
[EYA
LLC)
SRIAN'A.J:"<lO<SON
FRANK BOSSONG. IV PI:
Asscciace
Va
Presdent
[Rodgers
Consuiti<1g
Inc)
Energy loss, in residential construction, is often due to the lack of insulation and lack
of 'air-tightness', We support efforts to clarify and improve energy efficiency, We believe
that a component of being "sustainable" is to effect change in a cost-effective manner.
STEVE NAACaLA
~rHorresln"J
We believe that adopting the
IECC 2009
increases the energy efficiency of new
DAVELUI\OEN
homes to the Energy Star gUideline, and meets the intent of Bill
30-07;
we believe that it
&-~m:e~~~':-.,~achieves
that goal in the more cost-expeditious manner.
R08EFIT A.
JAC0S5
UleDirector'
(Acacia
Federal
5avngs
8sr1<)
1HOMAS M FARASi'
lnTnediace
Past:
Presil:k"!!1t
rrerre Verde Oommun<ies
LLC)
STE4-EN
P. SL'V1ENODPF
Lege!
Counsel
(Unowes
0;
8Iocrer.l.l.P)
While current building code requires wall and ceiling insulation, and insulation in
unconditioned spaces, there has been no insulation inspection. The new code addresses
energy loss by adding the following requirements and inspections:
1) Prior to drywall installation, the inspector must follow
a
thorough and detailed
17-step inspection process (see the attached four-page list)
to
verify air seal
and insulation (in the walls, ceilings, floors, attics, window and doorjambs, and
behind recessed lighting and electrical boxes, among other places, as well as
various systems and-components).
2) In addibon, the code requires that the air duct system be sealed and tested for
tightness using a duct blaster test
DIANE K SWENSON. CAE
Exec:ucive
Vice
Presidern:
aOA.<lO OF 0IFlec:rOl'lS
8U8R..D
Dic:o.
he.
HlU.ARY mLT CAHAN
Kan<:erra
MKi:
ClJ!\tEY
WncheS"'....e1"' Homes
Inc.
TONY CRANE
a-ene Hems
7IM011-iY DUGA.N
Shulman Ragers
K13'J
DU-lN
Laieder"1"'i"i8l1
SciteSl Assoc. he.
ROBERT HARRIS
HcIla1d
0:
Knigrt LLP
HOWARD
KATZ
Mc:haeIHarris Hemes
GARY
~RET
Steuart'Kret
Homes
DAVlOUTTt.E
U:tie
0:
Weber PA
=id<.
QiARLENE PAF'J<ER·THAYEA
christopher consuk:arts
ltd.
ANDREA LEAHY
·RJCH8J<
LeaMy
O:Oesmet
STEPHEN PAUL
Mid-Atlartic
8uirders.
Inc
NANQ ."ORTEN
Pon:en
Con"panies
Ir,c.
K<\REN
F'ADISQ-<
1st
Mariner
SarI<
MARC ROSE
Mchael T.
Rose Campana
When a house under construction fails to pass these new inspections, it requires
that the inefficiencies be addressed
before
the walls
are
'closed-in' .. , this corrects the
inefficienCies at the
most efficient
point in the construction cycle. Consequently, any
deficiencies can
be
fixed at a time that is much less disruptive to buyers and builders
schedules and at a more reasonable cost -- when compared to fixing a problem if identified
by a blower door test
afterhome
completion. (The blower door test, designed to measure
air exchange and done after the house is completed, adds a redundant step at an additional
cost .,. It is wasteful and counter productive to unnecessarily require independent third party
testing for something that can be addressed, in a more efficient and cost effective manner,
via the new inspection processes.)
Custom Builders, because of the desires and demands of our customers, are often
on the cutting edge of innovations and new building practices, which must be balanced by
ANDY FlCSEN11-1AL.
R~Hornes
GARY RUSINO
Gi-eenhome
0:
OMara
he
RONALD RYMER
LenI'.art
Development:
Q:rp.
TED
SMART
Maryland Development
Cc L.l..C
RAYSOBRINO
Pon:en
O:lrr!Janies
h::.
nAP/(
WAGNER
WHITE:
8oz:rur:c Homes
Inc.
FB:;G'(
Axiom Engneer:ng Oesigr LLC
BUILDING
HOMES, CREATING NEIGHBORHOODS
P"nr.Q",=nr"-,..,
the 3uilding and
Industry in Calven:, crarles. Montgomery,
George's and
St.
Counties ana WaShington, OC
Affiliated
with
the Marylend State Builclers Ass:cciEicion end tt'e Natoral Associacion of Home Buiiders
eRYA.N WHITTN:;TCr-.
Whict'ngccn Oes!gr8Ut1d
D.RTEP WiLLSCI'4
Garter Inc.
@
1
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Comments on Behalf of the Custom Builders Council
on Expedited BILL 10-10, Buildings - Energy Efficiency - Repeal
Public Hearing before the Montgomery County Council
April 13, 2010
Page 2 of 2
practical, bottom-line measures. The IECC 2009 establishes energy efficiency, and recognizes
that the best time to address inefficiencies is to correct them while a house is under construction,
not
after
it has been completed.
For these reasons, the CBC supports Bill 10-10 and respectfully requests that the Council
adopt the legislation, as drafted by the County Executive.
The Members of the CBC look forward to working with the Council and
Staff
in the April
28 T&E worksession to answer questions about practices that effectively, and sustainably,
increase energy efficiency in new residential single-family homes.
Thank you for the opportunity to provide comments this afternoon.
Attachment:
Residential Energy Efficiency,
pages 29-32 of the 2009 International Energy
Conservation Code
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RESIDENTiAL ENERGY EFFICIENCY
r
TABLE 402.2.5
STEEL-FRAME
CEIUNG.
WALLAND FLOOR INSULATION
(R-VALUE)
WOOOFRAME
R·VALUE
REQUIReMeNT
I
COLD.FORMED STEEl.
EQUIVALENT R.VALUE·
,___ "__r.__
S~.'?!}Oist
C!!llngs·
R-30
i---.
1--'
_ _ "' _ _-r_ _
.::!.S~te~elC!T.:.":::;rU~!.geilin9s·
_ _ _ _ _ _ __
t-~R~.3::.;,:0
_ _+---R-38
or
R-30
+
3
or
R-26
+
5
t---.!.:R:.::-3~8'_-I-
_ _ _--.:R.:..-..:,:49.2!_R-38
+
3
R·4S
R-38
+
5
I
tally for at least an additional 24 inches (610 mOl). Exposed
earth in unvented crawl space foundations shall be covered
with a continuous Class
I
vapor retarder. All joints of the
vapor retarder shall overlap by 6 inches
(I
53 mm} and be
sealed or taped. The edges of the vapor retarder shall extend
at least
6
inches
(153
mm) up the stem wall and shall be
attached to the stem wall.
__,_ _ _ _ _ _
I -,
i
R·38
R-13
R-19
R·21
R-38
in
2
x
4
or
2 )( 6
or
2
x
8
R·49 In any
fram.Jrt""g~
____
--l
R·49
in
2
x
4
or
2
x
6
or
2
x
g
or
2}( 10
Steel-Framed Wall
R-13 + 5
or
R·15 + 4
or
R-21 -I-
3
or
R-O + 10
R·t3 -I- 9
or
R-19
+
8
or
R-ZS'-I-7
R-13
+
10
or
R-19
+
9
or
R-2S
+
8
Steel Joist Floor
40Z.2.1O
Masonry veneer. Insulation shall not be required
on the horizontal portion of the foundation that supports a
masonry veneer.
402.2.11 ThennaUy isolated sun room insulation. The
minimum ceiling insulation R-values shall be
R·19
in
Zones
] through
4
and R-24 in Zones 5 through 8. The minimum
wall R-valueshall be
R·13
In
all
zones. New wall(s} separat·
ing
a
sunroom from
conditioned space
shall meet the
build­
Ing
thermal envelope
requirements.
402.3 Fenestration_ (prescriptive).
R-l3
R·lS
R-l9in2x6
R·l9
+
6
In
2
x
8
or
2.
x
10
402.3.1
U-factor. An area-weighted average
of
fenestration
products shall be permitted to satisfy the [tfactor requ ire­
menls.
R-19+6in2x6
I
R-19+
121n2x
80r2
x
1 0 - . J
a.
Cavity
Insulallon R·value
Is
listed
nest,
followed
by
continuous InsulaUon
R-value.
b. Insulation exceeding [he height
or
the framing shall COlIer the framing.
402.2.6 Floors. Floor insulation shall be installed to main·
tain permanent contact with the underside of the subfloor
decking,
402.2.1 Basement walls. Walls associated with conditioned
basements shall be insulated from the top of the
basement
walJdown
to 10 feet (3048 mm) below grade or to. the base­
ment floor. whichever is less. Walls associated with uncon­
ditioned basements shall meet this j'equiremenl unless the
floor overhead is insulated in accordance with Sections
402.1.1 and 402.2.6.
402.2.8 Slab-on-grade floors. Slab-on-grade floors with a
floor surface less than 12 inches (305 mm) below grade
shall be insulated in accordance with Table 402.1.1. The
insulation shall extend downward from the top of the slab on
the outside or Inside of the foundation wall. Insulation
located below grade shall be extended the distance provided
in Table
402.1.1
by any combinatIon of vertical insulation.
insulation exrending under the slab or insulation extending
out from the building. lnsulation extending away from the
buildlng shall be protected by pavement or by a minimum of
10 inches (254 mm) of soil. The top edge of the insulation
installed between the
exterior
wall
and the edge of the inte­
riorslabshall be permitted to be cut at a 45·degree
(0.79
rad)
angle away from the
exlerfor
wall.
Slab-edge insulation is
not required in jurisdictions deSignated by the
code omciai
as having a very heavy termite infestation.
402.2.9 Crawl space walls. As an alternative to Insulating
floors over crawl spaces, crawl space walls shall be permIt­
ted to be insulated when the crawl space
is
not vented to the
outside. Crawl space wall insulation shall be permaIlently
fastened to the wall and extend downward from the floor to
the finished grade level and then vertically andlor horizon­
2009 INTERNATIONAL ENERGY CONSERVATION CODE"
402.3.Z
Glazed fenestration SHGC. An area-weighted
average of fenestration products more than 50 percent
glazed shall be permitted to satiSfy the SHGC requirements.
. 402.3.3 Glazed fenestration exemption. Up to 15 square
feet (1
A
mZ) of glazed fenestration perdwelling unit shall be
permitted to be exempt from U-factor and SHGC require­
ments in Section 402.1.1, This exemption shall not apply to
the V-factor alternative approach in Section 402.1.3 and the
Total UA alternative in Section 402.J.4,
402.3.4 Opaque door exemption. Oneside·hinged opaque
door assembly up to 24 square feet (2.22 ml) in area is
exempted from the V·factorrequirement in Section 402.1.1.
This exemption shall not apply to the U·factor alternative
approach in Section 402.1.3 and the total VA alternative in
Section 402.1.4.
402.3.5 Thermally isolated sunroom U-factor. For Zones
4 through 8, the maximum fenestration U-factor shall be
0.50 and the maximum skylight V-factor shall be 0.75. New
windows and doors separating the sunroom from
concf[­
lioned space
shall meet the
building
Ihennal
envelope
reqUirements.
402.3.6 Replacement fenestration. Where some or ali of
an existing fenestration unit is replaced with a new fenestra­
tion product, including sash and glazing. the replacement
fenestration unit shall meet the applicable requirements for
V-factor and SHGC in Table 402.1.1.
40Z.4 Air
leakage (Mandatory).
402.4.1 Building thenna) envelope. The
building thermal
envelope
shall be durably sealed to limil infiltration. The
. sealing methods between dissimilar materials shall allow
for differential expansion and contraction. The following
shall be caulked. gasketed. weatherstripped or otherwise
sealed with an air barrier material. suitable film or solid
material:
L All joints. seams and penetrations.
29
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RESIDENTIAL ENERGY EFFICIENCY
r
2.
Site-built windows, doors and skylights.
3.
Openings between window and door assemblies and
their respective jambs and framing.
4.
Utility
penetrations.
more than 0.3 cfm per square foot (1.5
Uslm
Z),
and swing­
ing doors no more than
0.5
cfm per square foot (2.6
Us/m
Z)
,
when tested according to
NFRC
400 or AAMAlWDMAI
CSA 101/LS.2/A440 by an accredited. independent labora­
tory and
listed
and
labeJedby
the manufacturer.
Exceptions: Site-built wIndows. skylights and doors.
402.4.5 Recessed lighting. Recessed luminaires installed in
the
building thermal envelope
shall be sealed to limit air
leakage between conditioned and unconditioned spaces. All
recessed luminaIres shall be IC-rated and
labeled
as meet­
ing ASTM
E
283 when tested at
1.57
psf (75 Pal pressure
differential with no more than 2.0 crm (0.944 Us) of air
movement from the
conditioned space
to the ceiling cavity.
All recessed luminaires shall be sealed with a gasket or
caulk between the housing and the interior wall or celling
covering.
.
402.5 Maximum fenestration V-factor and SHGC (Manda­
tory). The area-weIghted average maximum fenestratJon
lJ.factor permitted using trade-offs from Section 402.1.4 or
404
shall be 0.48 in Zones
4
and 5 and
0040
in Zones
6
through
8
for vertical fenestration. and 0.75 in Zones 4 through
8
for
skylights. The area-weighted average maximum fenestration
SHGC permitted using trade-offs from Section
405
in Zones
1
through
3
shall be 0.50.
..
5.
Dropped ceilings or chases adjacent to the thermal
envelope.
6.
Knee walls.
7. Walls and ceilings separating a garage from condi- .
t10ned spaces.
8.
Behind tubs and showers on exterior walls.
9.
Common walls between dwelling units.
10.
Attic access openings.
11. Rlmjolst Juncllon.
12.
Other sources of Infiltration.
402.4.2 Air sealing and insulation. Building envelope ail'
tightness and insulation installation shall be demonstrated
to comply with one of the following options given by Sec­
tion 402.4.2.1 or 402.4.2.2:
402.4.2.1 Testing option. BuUding envelope tightness
and insulation installationshaJl be considered acceptable
when tested air leakage is less than seven air changes per
hour (ACH) when tested with a blower door at a pressure
of33.5 psf
(50
Pa). Testing shall occur after rough in and
after installation
of
penetrations of the building enve·
lope. including penetrations for utilities. plumbing, elec·
trical. ventilation and combustion appliances.
During testing:
C'
SECTION
403
SYSTEMS
403.1 Controls (Mandatary). At least one thermostat shall be
provided for each separate heating and cooling system.
403.1.1 Programmable thermostat. Where the primary
heating system
is
a forced-air Furnace, at least one thermo­
stat per dwelling unit shall be capable of controlling the
heating and cooling system on a daily schedule to maintain
differen
t
temperature set points at different times of the day.
Th is thermostat shall include the capab iHty to set back or
temporarily operate the system to maintain zone tempera­
tures down to
SS·F (13'C)
or up to
85'F (29·C).
The ther­
mostat shall Initially be programmed with
a
heating
temperature set point no higher than 70·F (21"C) and a
cooling temperature set point no lower than 78'F (26"C).
403.1.2 Heat pump supplementary heat (Mandatory).
Heat pumps having supplementary electric-reSistance
heat
shall have controls thal. except during defrost. prevent sup­
plemental heat operation when the heat pump compressor
can meet the heating load.
403.2 Ducts.
403.2.1 Insulation (prescriptive). Supply ducts in attics
shall
be
insulated to a minimum ofR-8. All other ducts shall
be insulated to
it
minimum of R-5.
Exception: Ducts or portions thereof located completely
inside the
building thermal envelope.
403.2.2 Sealing (Mandatory). All ducts. air handlers. filter
boxes and building cavities used as ducts shall be seaJed.
J.
Exterior windows and doors. fireplace and stove
doors shall be closed, but not sealed;
2.
Dampers shall be closed. but not sealed. including
exhaust. Intake. makeup a
it·.
backdraft and flue
dampers;
3. Interior doors shall be open;
4.
Exterior openings for continuous ventilation
sys­
tems and heat recovery ventilators shall be closed
and sealed;
5.
Heatingand cooling system (s) shall be turned off;
6.
HVAC ducts shall not be sealed; and
7. Supply and return registers shall not be sealed.
402.4.2.2 Visual inspection option. Building envelope
tightness and insulation installation shall be considered
acceplable when the items listed in Table
402.4.2.
appli­
cable to the method of construction, are field verified.
Where required by the
code ofljcial.
an
approved
party
independent from the installer of the insulation shall
inspect the air barrier and insulation.
402.4.3 Fireplaces. New wood-burning fireplaces shall
have gasketed doors and outdoor combustion air.
402.4.4 Fenestration air leakage. Windows. skylights and
sliding glass doors shall have an air infiltration rate of no
30
2009 INTERNATIONAL ENERGY CONSERVATION CODE'"
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RESIDENTIAL ENERGY EFFICIENCY
Joints and seams shall comply with Section MI601.4.1 of
the
International Residential Code.
Duct tightness shall be verified by either of the following:
1.
Postconstruction test: Leakage to outdoors shall be
less than or equal
to
8 cfm (226.5 Umln) per 100
ftz
(9.29
m
2)
of
conditioned floor
area
or a total leakage
less than or equal to 12
cfm
(12
Lim
in) per 100
ftz
(9.29
mZ} of
conditioned
floor area
when tested at a
pressure differential of 0.1 inches w.g. (25 Pa) across
the entire system, including the manufacturer's air
handler enclosure. All register boots shall be taped or
otherwise sealed during the test.
2.
Rough.ln test: Total leakage
shall
be less than or
equal to 6 cfm (l69.9 Llmin) per 100 ft
Z
(9.29 m
2)
of
conditIoned floor area
when tested at a pressure dif­
ferentlal of 0.1 inches w.g. (25
Pal
across the roughed
in system. including the manufacturer's air handler
enclosure.
All
register boots shall
be
taped or other­
wise sealed during the test. If the aIr handler Is not
installed at the time of the test. rotalleakage shall be
less than
or
equal to 4 cfm (113.3 Umin) pet· 100 ftz
(9.29 mZ) of
conditioned floor area.
Exceptions: Duct tightness test is not required if the air
handler and all ducts are located within
conditioned
space.
TABLE
402.4.2
AIR BARRIER AND INSULAT10N INSPECTION COMPONENT CRITERIA
COMPONENT
CRITERIA
Air barrier artd thermal barrier
Exterior thermal envelope insulation for framed walls
is
installed in substantial contact
and continuous alignment with building envelope
air
barrier.
Breaks or joints in the air barrfer are filled or repaired.
Air-permeable Insulation is not used as a sealing material.
Air-penneable insulation is IllSide of an air barrier.
i
Ceiling/aUic
I
Walls
Windows and doors
Rim joists
[1loors
(including
abo~e-garage
and cantilevered floors)
Crawl space walls
Air barrier In any dropped ceiling/soffit is substantially aligned ,with insulation and any
gaps are scaled.
AUic access (except unvented
atlk).
knee wall door. or drop down stair is scaled.
Corners and headers are Insulated.
Junction of foundation and sill plate is sealed.
Space berween window/door jambs and framing is
sealed.
Rim joists are insulated 'and include an air barrier.
Insulation is Installed
10
maintain permanent contact with undersidtl of subl100r decking.
Air barrier
is
installed at an.:!: eXl20sed ed!!!!. of insulation.
Insulation is pennanently alluched to walts.
Exposed earth in unvented crawl spaces is covtlred with Class I vapor retarder with
overlapping joints taped.
Duct shafls. utility penetrations. knee walls and flue shafts opening to exterior or
i
Shans, penelrati
ons
~~~~~-:~ities
_._---­
.1!l1conditio~~~
..¥ce
~!!.~~~~
....___.. ________.. .....
Batts In narrow cavities are cut
insulation.
(0
-"
.
' - '
lit. or narrow cavities are t111ed by sprayedlblown
.~
~,,-----.
--
..
j
Garage separation
Recessed lighting
Plumbing and wiring
Air sealing is provided between the "aragt! and conditioned spaces.
Recessed light fixtures are air tight.
Ie
rated. and sealed to drywall.
Exception-fixtures in conditioned s2..ace.
Insulation is placed berween outside and pIpes. Batt insulation is cut to
fit
around wiring
I
I
:
"h
i
ElectriC~lJehon':.~~;~n
~
HVAC register b.o..ots
I
Fireplace
¥
owe~
II
b
t'
11
u on ex enor wa
e.xterior walls
---.~--
I
Showers exterior wall.extenor walls have msulatlon and an aIr bamer separatmg
them~
and tubs on
from !he
~lJ:.arri~~
extends behind boxes or air sealed-type boxes are installed. ____ ....
.Air barrier is installed in common wall between dwelling
_ - - _...... _ .•..- _ . _ . _ - _ .... _ ..• " ...
units.
---,-­
. _ _.
.
,
i
and
~lumbln~,
or spra:tedlblown insulation extends behind eiping and wiring.
C,
. . . . . .
Common w a l l '
I
!
______....
I
Fireplace walls include an air barrier.
I
HV
AC!.e~i~ter
bools thal
penet~!~~ldjnfi.~n~.E:.I5'~
.are
seale<!.!.o.~.bG.~or ~r ~ry'Yall._
:
i
(
\
2009
INTERNATIONAL ENERGY CONSERVATION CODE"
31
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RESIDENTIAL ENERGY EFFICIENCY
(
403.2.3 Building cavities (Mandatory). Bulld!ng framing
cavities shall not be used as supply ducts.
403.3 Mechanical system piping Insulation (Mandatory).
Mechanical system piping capable of carrying fluids above
10S"F (41·C) or below
SS"F (f3·C)
shall be insulated to a min­
imum ofR-3.
403.4 Circulating hot water systems (Mandatory).
All
cir­
culating service hot water piping shall be insulated to at least
R-2. Circulating hot water systems shall Include an automatic
or readily
accessible
manual switch that can turn off the hot­
water circulating pump when the system is not
in
use.
403.5 Mechanical ventilation (Mandatory). Outdoor air
Intakes and exhausts shall have automatic or gravity dampers
<that close when the ventilation system is not operating.
403.6 Equipment sizing {rvIandatory}. Heating and cooling
equipment shall be sized in accordance with Section M1401.3
of the
International Residential Code..
403.7
Systems
serving multiple dwelling units (Mandatory).
Systems serving multiple dwelling units shall comply with Sec­
tions 503 and
S04
in lieu of Section 403.
403.8 Snow melt system controls (Mandatory). Snow- and
ice-melting systems, supplied through energy service to the
building.
shall
include automatic controls capable of shutting
off the system when the pavement temperature is above
50·F,
and no precipitation is falling and an automatic or manual con­
trol that will allow shutofF when the outdoor temperature
is
above
40"F.
403.9 Pools (Mandatory). Pools shall be provided with
enel'gy-conserving measures In accordance with Sections
403.9.1 through 403.9.3.
403.9.1 Pool heaters.
All
pool heaters shall be equipped
with a readily
accessibieon-off
switch to allow shutting off
the heater without adjusting the thermostat setting. Pool
heaters fired by natural gas shall not have continuously
burning pilot lights.
403.9.2 Time switches. Time switches that can automati­
cally turn off and on heaters and pumps according to a preset
schedule shall be installed on swimming pool heaters and
pumps.
Exceptions:
SECTION 404
ELECTRICAL POWER AND LIGHTING SYSTEMS
404.1 Lighting equipment (prescriptive). A minimum of 50
percent of the lamps in permanently installed lighting fixtures
shall be high-efficacy lamps.
I
SECTION 405
SIMULATED PERFORMANCE ALTERNATIVE
(Performance)
405.1 Scope. This section establishes criteria for compliance
using simulated energy perfonnance analysis. Such analysis <
shall Include heating, cooling. and service water heating
energy only.
405.2 Mandatory requirements. Compliance with this sec­
tion requires thai the mandatory provisions identified
In
Sec­
tion
401.2
be met.
All
supply and return ducts not completely
inside the
building thermal envelope
shall be Insulated to
a
minimum of R-6.
405.3 Performance-based compliance. Compliance based on
simulated energy performance requires that a proposed resi­
dence
(proposed design)
be shown to have an annual energy
cost that is
less
than or equal to the annual-energy cost of the
standard reference design.
Energy prices shall be taken from
a
source
approved
by the
code offlcial.
such as the Department of
Energy. Energy Information Administration"s
State Energy
Price and Expenditure Report. Code offlcialsshall
be permit­
ted to require time-of-use pricing in ene!"gy cost calculations.
Exception: The energy use based on source energy
expressed in Btu or Btu per square foo\ of
conditioned floor
area
shall be permitted to be substituted for the energy cost.
The source energy multiplier for electricity shaH be 3.16.
The source energy multiplier for fuels other than electricity
shall be 1.1.
405.4 Documentation.
405.4.1 Compliance software tools. Documentation veri­
fying that the methods and accuracy of the compliance soft­
ware tools conform to the provisions of this section shall be
provided to the
code omcfa/.
405.4.2 Compliance report. Compliance software tools
shall generate a report that documents that the
proposed
design
complies with Section 405.3. The compliance docu­
mentation shall include the foHowing information:
1.
Where public health standards require 24-hour
pump operation.
2. Where pumps are required to operate solar· and
waste-heat-recovery pool heating systems.
403.9.3 Pool covers. Heated pools shall be equipped with a
vapor-retardant pool cover on or atthe water surface. Pools
heated to more than 90°F (32QC) shall have a pool cover
with a minimum insulation value of R-12.
Exception: Pools deriving over 60 percent of the energy
for heating from site-recovered energy or solar energy
source.
J.
Address or other identlficationof the residence:
2. An inspection checklist documenting the building
component characteristics of the
proposed design
as
listed in Table
405.5.2(1).
The inspection checklist
shall show results for both the
standard reference
design
and the
proposed design.
and shall document
all inputs entered by the user necessary to reproduce
the results;
3. Name of individual completing the compliance
report; and
32
Z0091NTERNATIONAL ENERGY CONSERVATION CODE'"
@
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-
.
]>
8Tlail : communications@;mncbia.org
Website: W\i\lVvmncbia.org
alA
.ex.eamve
COMMITTI!£
EDWARO
'GUY'
A.
D-RLEY. iU
PresidE!nl:
[ll:Jere; Horne Bulder
Ire)
JAMES
KEiT1..EA
vea"resider1ClOllvert: County
O<ettler
8rotl1ers
Hames
LLCl
MARYLAND-NATiONAL CAPITALBUILDING INDUSTRY ASSDOATlDN
1738 Stan Road. Suite 200, Silver Spring. Maryland 20803
(301] 445-5400 / Fax (301J 445-5488
OCLG MEi3<ER
VICe PresidentJlJ"'aries County
!Em
Street elevelopmerlt)
Expedited BILL
10~1O,
Buildings - Energy Efficiency - Repeal
Public Hearing before the Montgomery County Council
April 13, 2010
ROBERT
-!.
SPALDNG
Vice I"n!sider1tJMara;prnery County
(Miler '"
Smith
Homes)
MAFrTY MIiQ-laL
Vice PresiderI:lFm"" George's
County
(Mid1eiI .:;;
Sest
Homebulders
LLC)
JOHN 8. NORRIS,
~
Vea
Pres.dentJSt.
Mary'.
County
(Law
Office
of
John
Norris
I
LLC)
a
Good afternoon, I am Raquel Montenegro, representing the Maryland National
capital Building Industry Association (MNCBIA). The MNCBIA represents over 600
companies and the interests of more than 15,000 individuals in the building and
development industry.
The Building Industry strongly supports energy efficiency measures, and
sustainable practices. Many of our members build homes with appliances, windows and
doors, and heating and COOling systems that often meet, and exceed Energy Star
guidelines, and these home builders' bUSiness practices have been at the forefront of
green building.
It
is important to note that, consequently, according to the EPA, homes
built today are, on average 30% more energy efficient than homes built just ten years
ago.
The MNCBIA supports
BiIIlO~lO;
we believe that adopting the International
EffiCient Construction Code (IECC) 2009 will result in new homes increasing their energy
efficiency to Energy Star's requirement without incurring an unnecessary cost. We support
the County's Executive deCision to use "the visual inspection of various components of a
building's air barrier and insulation" as the path to verification.
We appreciate the County Executive's recognition of the current economic
instability, and his acknowledgment that our builders are striving to keep their costs in
check, even if 'it is only' an additional cost of $200-400.
From the industry's perspective, there are several additional substantive reasons
not to rely on the "blower door test" as a path for verification of energy efficiency.
• The door blower test is
not
a SCientific measured process; it does not
result in the same outcome, when repeated, or when done by two
different raters - the velocity of the wind, the temperature of the air, the
amount of humidity - do affect the barometric pressure inside the house
which then alters the results. Sometimes the variation can range by as
much as
10~20%.
• The tester must calculate the volume of cubic feet in the structure;
depending on how accurate (or inaccurate) the measurements are, the
final result of the blower door test can vary, by as much as 15%.
• The blower door test, which is conducted after a house is complete,
does
not
pinpointwhere
the
energy~inefficiencies
occur ... it simply measures
the 'air exchange.
.
BRIAN
'A.-t'
JAOGON
Vee Presidenr;JW!!5hi'Igton OC
lEYA
LLC)
FRANK OOSSONG.
N
PE.
AS!lCCiate
Vee
Pnesident
(Rodgers
CarSt.Jit11g
Irc.)
S1l?1E NAR08.l.A
Treasure!"
(Wh:t1ester
Homes
inc.)
ClAVe LLN08'!
Vice President:
State
L.egJSjSecrecs"l
(Tirrberlake
Homes
Inc)
ROSERT
A.
.JACOBS
Ufe
Clireccor
(Acacia
Fedef"'!l SaIli1gs Berk)
'THCMAS M FARASY
lnrrnediate
Past:
President
(Ten-a
Verde Carrrrunit:ies
LLC)
ST't!'H3'l
P.
8..JIi1S'OJPF
leIial Counsel
(Lrowes
0:
Blocher,
LJ..P)
OUl.NE K SW8\lSOI'< CAE
8<ec:utive
Viae Presiden:
SOARe OF OIFlSCTOFlS
BIl.l..BILD
elm.1r<:.
HILLARY COLT CAHAN
Kor.c.erra
MIK~
CCNlJ?(
Wtnc."eSt:er
I-Iomes Ire
TIJNYCPANE
Q-aneHomes
TMJTHY
DLGAN
Sh.Jmer
.'Iogers
K6'J OWNN
Loiedel"TT1a<1
So<:esz
Ass<-"'Q.
1"0.
R08EfIT
HARRIS
Hollar<l
S.
Knight
LLF
HOWAROI(ATZ
MIChael Harris
Horr.es
GARY KRET
St:eLar::,Kret
Homes
DAVID
WTT'~
GucschCk,
l1t:tIe
0:
Weber P.A.
Q-I.ARl.l3\jE PAPKElHHAYER
chrlstopMer c.cnsul:ants
~d.
ANOFEA
LEAHY·FL'CHECl<
Leahy
S.
Gesrret
STEA-iEN PAu..
Mi:j·~
Su'ders.1r<:.
NANG
PORi13'J
Porter'!
Compraries r.c.
KA.PEN
RADiSCH
~M.rMeri3af,k
MAPCROSE
M<:i"ael T Rose CJrparies
ANGY ROS8'IT1-'Al
ROser'rnal
Homes
GARY
F'LSiNO
Gre~
S.
01Vlara
Ir<:.
RGNALD
RYMER
l.erhart
Deveiopm!l"c
Corp.
113:.lSMAFrr
Ma"lland Developmenc
0:1
LLC
RAYSD8RiNO
.''<:In:en
Campanies
he.
Q.ARK WAGi'<ER
BtZZUtt
Homes
he.
PEC.{;'(WHfTE
AxOm
6-ls-'r.eer~'"'Ig
Design
LC
SRYAN vVHITllNGTCN
Wnitrngccn Oesigr'B\.;11d
CARTEP, WILLSON
BUILDING
HOMES, CFlEATING NE/GHBOFlHOODS
in Calvert. Q;aries, IVicntgc:nerj,
George's
and
St.
and
WashlngtDn.
~.c
Affiliated with the Marylsnd State Builders Association and C"'e National Assodat:on
cf
HolTe Builders
HPf'1rpCi'nrirln
tile
Building anc r>I!'pl('1rlmpnr
cart:er:f"\C.
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MNCBIA Testimony
Expedited BILL 10-10, Buildings - Energy Efficiency - Repeal
Public Hearing beFore the Montgomery County Council
April 13, 2010
Page 2oF2
Rather than rely on a test that is conducted
after
a house is finished, the additional
inspections required by IECC 2009 will catch ineffiCiencies,
during construction,
when the
builder, with his subcontractor, can actually fix them within the construction schedule.
The IECC 2009 increases the energy-efficiency of new homes to the Energy Star
guidelines, provides a means to verify the energy-efficiency, and meets the intent of Bill 30-07;
we believe that it achieves that goal in the more cost-expeditious manner. '
For these reasons, the MNCBIA supports Bill 10-10 and respectfully requests the Council
to adopt the legislation, as drafted by the County Executive.
We appreciate your consideration of our perspective on the applicability of the IECC 2009
and Bill 10-10 and ,we look forward to working with Council and Council staff at the April 28
worksession to provide additional information that supports effective, and sustainable, energy
efficiency in new reSidential single-family homes.
Thank you.
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Expedited BILL 10-10
Montgomery County, MD
Public Hearing
April 13,
2010
Good afternoon, I am Randy Melvin- Director Research and Standards for
Winchester Homes, Inc. I am testifying on behalf of Winchester Homes, Inc. in
support of County Executive's Expedited Bill 10-10.
For those of you may not be familiar with Winchester, we are aBethesda
Maryland based builder/developer. We are also the builder of Camberly Homes,
our lUxury line of homes. By listening to our customers, continuously improving
our products and processes, and giving back to the communities where we work
and live we have had the good fortune to be ableto build over 18,000 homes in
the area over the past 30 years. Over the past several year's improvements to
our homes wrapping, flashing, windows and numerous other details have all
contributed to enhanced air tightness and energy efficiency.
We have learned from our experiences, which include building EnergyStar
Certified Homes, and recently completed energy related research, on our
homes, that the information a blower door test, (a blower door test is a means of
measuring air tightness of a home at a point in time under specific
circumstances) in field practice, is not an exact science. While we believe it is
a natural tendency to assume a blower door test would provide superior
information to a visual air sealing inspection, our research, as well as others,
have found this is not the case. The 2009 International Energy Conservation
Code further substantiates this position by allowing the choice of either a
specifically defined visual inspection or a blower door test for means of verifying
the approximate air tightness of a home.
To briefly describe our research, we asked the energy experts at the NAHB
Research Center to identify any gaps between our current 2006 energy codes
built homes the requirements of the 2009 International Energy Conservation
Code or equivalent to be adopted. They examined 4 of our homes, one of which
had previously received Energy Star Certification. The homes represent a cross
section of our product line. (Including towns, typical size single family home,
large single family home, different jurisdiction/subdivisions, built by different
subcontractors, and containing single and multiple zone heating and cooling
systems.) The homes had previously been built under normal production and
county inspection process under the 2006 energy code. We, our subcontractors,
and inspectors had no knowledge we would be testing these homes. One of the
specific items of interest was the air tightness and blower door tests were
completed on each of these homes among other items. The result of the blower
door tests are as follows:
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Blower Door Test Results:
Model" .• ···········lyolume " . .
.'
Rressure ".' /. .Depress
•.' .••... ". .> ."
:'
;I~~e~:;e
.•....
..•.. FT3 .....'. . ACHso·
·
'.
ACH~o
.
,
..'
..
r~;~d~~~
'.
lEGe'
~7.0
Newbury
(Typical
• Singj?)
44,838
I
6.5*
\5.5
5.5
6.0
ACH
50
I
STr1~lair
44,523
6.5*
6.0
~7.0
(Typical
Single With
ACH
50
I
I
Sunroom)
I
5.9
South ridge
61,598
(Large Single
, Energy Star)
7.1
27,078
Uberty
(End Unit
Townhouse)
I
*Post test adjustment required
5.1
155
I
1<7.0
o
ACHs
I
I
5.9
I
6.5
~7.0
ACH so
All the homes passed the air tightness requirements of the 2009 IECC or
equivalent, even in the absence of the 2009 IECC detailed visual inspection.
With the addition of the detailed inspection during construction it would clearly
provide assurances of well sealed homes on a consistent basis.
Please note that because large homes have more interior volume relative to
exterior surface area it is easier for them to meet air sealing requirements than
with small homes. All else being equal, large homes will have less air leakage on
a sq.lft. basis than smaller homes.
What was of particular interest and clearly demonstrates the inexact science of
the blower test in a field application, is that when we compared the results of our
blower door test done by a RESNET approved, nationally know Research
Energy Engineer, with the RESNET approved Rater who had previously done
the blower door test for the EnergyStar rating on
th_~
home, we found 100%
variation. Specifically the Energy Star rater data
sh~d
the home to be 3.39
ACH so or twice as air tight as the research center had calculated. Other have
also found variations between rating on the same home by different raters are
not uncommon.
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Reasons for considerable variations iii Bower Door test results, for the same
home, include, but by no means are limited to all of the following:
• Variable interpretation and application for volume calculations for the
same home. While RESNET provides the following definition for a homes
volume calculation; "Determine conditioned and indirectly conditioned
volume of space by multiplying conditioned floor area by ceiling height.
. The house may need to be split into different spaces with different ceiling
heights and added to each other for both conditioned and indirectly
conditioned spaces. For areas with vaulted ceilings, volume must be
calculated geometrically." it is not uniformly interpreted and or executed
with consistent level of detail, such as taking the time to detail every
option in a home such as tray ceilings, bulkheads (dropped ceilings), bay
windows that may impact the volume. In addition other variation are
common such as variability in how floor area is measured. E.G.
measuring walls to interior of drywall vs. outside face of brick veneer. It is
interesting to note that while the Research Center calculated the volume
of the Southridge at 61,590
ft3
the EnergyStar RESNET rater calculated
the exact same home to at 52,956
ft3.
.
• Operator error in operating equipment. (E.G pressure hose forgotten to
be stuck through the door)
• A cracked window was not observed during the test
• Calibration of the equipment was inaccurate at the time of the test
• Fire place damper open or closed (we have found this one item alone
causes a variation of 400-450 C F M ) ·
• One window or more sashes in a home not observed to be slightly
cracked open.
• Tester is rushed and completes only 5 depressure tests in lieu of 5
pressure and 5 depressure.
.
• Errors in calculations even if starting with accurate raw data.
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In conclusion, the developers of the 2009 IEGG understood provided a choice of
methods in verifying the air tightness of residential dwellings. While no method of
inspection or measurement is perfect, the detailed visual inspection has many
benefits and the blower door test clearly has many imperfections. We believe to
the benefit of both consumers and builders alike, as provide for in the 2009
IEGG, both of these methods of air tightness verification should be retained.
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ENERGY STAR Qualified Homes
National Builder Option Package
The requirements for the ENERGY STAR Builder Option Package (BOP) are specified In the table below.
To qualify as ENERGY STAR using this BOP, a home must meet the requirements specified and be verified and field-tested in
accordance with the HERS Standards by a RESNET-accredited Provider. Note that compliance with these guidelines is not intended to
1
imply compliance with all local code requirements that may be applicable to the home to be built.
Hot Climates
2
(2004
IRC Climate Zones 1,2,3)
Mixed and Cold Climates
2
(2004
IRC Climate Zones 4,5,6,7,8)
Right-Sized
3:
Cooling
Equipment
(Where Provided)
i
ENERGY STAR qualified
NC
(14.5 SEER 112 EER);
OR
ENERGY STAR qualified heat pump 4
(14.5
SEER 1
12
EERIB.2 HSPF)
Right-Sized 3:
13 SEER
NC;
OR
ENERGY STAR qualified heat pump
4
(14.5
SEER 1
12
EER IB.5 HSPF)
ENERGY STAR qualified gas furnace
(90 AFUE);
OR
ENERGY STAR qualified heat pump ,3,4
(See Note
3
for specifications);
OR
ENERGY STAR qualified boiler
(B5 AFUE);
OR
ENERGY STAR qualified oil furnace
(85AFUE)
80 AFUE gas furnace; OR
ENERGY STAR qualified heat pump3,4
(14.5
SEER I
12
EERIB.2 HSPF);
OR
80 AFUE boiler; OR
80 AFUE oil furnace
Heating
Equipment
Thermostat
4
Ductwork
ENERGY STAR qualified thermostat (except for zones with radiant heat)
Leakage
5:
:S
4
cfm to outdoors
1100
sq.
ft.;
AND
R-6 min. insulation on ducts in unconditioned spaces
Infiltration
7,8
(ACH50):
7
in CZ's 1-2
6 in CZ's
3-4
Insulation levels that meet or exceed the
2004
IRC
9;
AND
Completed Thermal Bypass Inspection Checklist
10
Windows that meet or exceed version
4.0
of the ENERGY STAR Program Requirements for Residential
Windows, Doors, and Skylights (additional requirements for CZ
2
&
4)11,12,13
Gas (EF):
40 Gal
=
0.61
60 Gal
=
0.57
80 Gal
Electric (EF): 40 Gal 0.93
50 Gal 0.92
80 Gal
Oil or Gas 16: Integrated with space heating boiler
6
I
I
5 in CZ's 5-7
I
4 in CZ 8; AND
Envelope
Windows
Water Heater
14.15
Lighting and
Appliances
17,18
=
I
I
=
I
I
=
0.53
=
0.89
Five or more ENERGY STAR qualified appliances, light fixtures,
ceiling fans equipped with lighting fixtures, water heaters, andlor ventilation fans
Note: Due to the unique nature of some state codes and/or climates, EPA has agreed to allow regionally-developed definitions of ENERGY STAR in
Califomia, Hawaii, and the Pacific Northwest to continue to define program requirements, The States of Montana and Idaho may use either the
requirements of the national program or the regionally-developed program in the Pacific Northwest.
Map is for illustrative purposes only and is based on figure N1101.2 from the 20041ntemational Residential Code (IRC),
Revised
01/05/201011712010
Page
1
of 3
@
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ENERGY STAR Qualified Homes
National Builder Option Package Notes
1. Where requirements of the local codes, manufacturers' installation instructions, engineering documents, or regional ENERGY
STAR programs overlap with the requirements of these guidelines, EPA offers the following guidance:
a. In cases where the overlapping requirements exceed the ENERGY STAR guidelines, these overlapping requirements
shall be met;
b. In cases where overlapping requirements conflict with a requirement of these ENERGY STAR guidelines (e.g., slab
insulation is prohibited to allow visual access for termite inspections), then the conflicting requirement within these
guidelines shall not be met. Furthermore, qualification shall still be allowed if the rater has determined that no
equivalent option is available that could meet the intent of the conflicting requirement of these ENERGY STAR
guidelines (e.g., switching from extenorto interior slab edge insulation).
2. The appropriate climate zone shall be determined by the 2004 International Residential Code (IRC), Figure N 11 01.2.
3. Cooling equipment shall be sized according to the latest editions of ACCA Manuals
J
and S, ASH RAE 2001 Handbook of
Fundamentals, or an equivalent procedure. Maximum oversizing limit for air conditioners and heat pumps is 15% (with the
exception of heat pumps in Climate Zones 5 - 8, where the maximum oversizing limit is 25%). The following operating conditions
shall be used in the sizing calculations and verified where reviewed by the rater:
Outdoor temperatures shall be the 99.0% and 1.0% design temperatures as published in the ASHRAE Handbook of Fundamentals
for the home's location or most representative city for which design temperature data are available; Indoor temperatures shall be
75 F for cooling and 70 F for heating; Infiltration rate shall be selected as "tighf', or the equivalent term.
In specifying equipment, the next available size may be used. In addition, indoor and outdoor coils shall be matched in accordance
with ARI standards.
The stated efficiency requirements are aligned with the increased requirements for ENERGY STAR labeled central air conditioners
and air-source heat pumps that went into effect as of January 1, 2009. Equipment manufactured before January 1 is still eligible to
earn the ENERGY STAR based on the old performance level. Therefore, there will be a transition period when labeled equipment
is commercially available at both the old and new performance levels. Builders must transition to equipment meeting these new
ENERGY STAR requirements as stocks of equipment qualified at the old performance levels are exhausted.
4. Homes with heat pumps in Climate Zones 4 and 5 must have an HSPF
~
8.5, which exceeds the ENERGY STAR minimum of 8.2
HSPF. Homes with heat pumps in Climate Zones 6, 7, and 8 cannot be qualified using this BOP, but can eam the label using the
ENERGY STAR Performance Path requirements. In homes in all Climate Zones with heat pumps that have programmable
thermostats, the thermostat must have "Adaptive Recovery" technology to prevent the excessive use of electric back-up heating.
5. Ducts must be sealed and tested to be s 4 cfm to outdoors /100
sq.
ft.
of conditioned floor area, as determined and documented
by a RES NET-certified rater using a RESNET-approved or equivalent ASTM-approved testing protocol. Duct leakage testing can
be waived if all ducts and air handling equipment are located in conditioned space (i.e., within the home's air and thermal barriers)
AND the envelope leakage has been tested to be
!5
3 ACH50 OR
!5
0.25
CFM 50 per sq. ft. of the building envelope.
6. EPA recommends, but does not require, locating ducts within the home's conditioned space (i.e., inside the air and thermal
barriers), and using a minimum of R-4 insulation for ducts inside the conditioned space to prevent condensation.
7. Envelope leakage must be determined by a RESNET-certified rater using a RESNET-approved testing protocol.
8. To ensure consistent exchange of indoor air, whole-house mechanical ventilation is recommended, but not required.
9. Insulation levels of a home must meet or exceed Sections N 11
02.1
and N 11
02.2
of the
2004
I RC. These sections allow for
compliance to be determined by meeting prescriptive insulation requirements, by using U-factor alternatives, or by using a total UA
alternative. These sections also provide guidance and exceptions that may be used. However, note that the U-factor for steel­
frame envelope assemblies addressed in Section N1102.2.4 shall be calculated using the ASHRAE zone method, or a method
providing equivalent results, and not a series-parallel path calculation method as is stated in the code. Additionally, Section
N 11 02.2.2, which allows for the reduction of ceiling insulation in space constrained roof/ceiling assemblies, shall be limited to
500
sq.
ft.
or
20%
of ceiling area, whiChever is less.
In
all cases, insulation shall be inspected to Grade I installation as defined in the
RESNET Standards by a RESNET-certified r a t e r . '
.
Note that the fenestration requirements of the 2004 IRC do not apply to 'the fenestration requirements of the National Builder
Option Package. Therefore, if UA calculations are performed, they must use the IRC requirements (with the exception of
fenestration) plus the fenestration requirements contained in the national BOP. For more information, refer to the "Codes and
Standards Information" document.
10. The Thermal Bypass Inspection Checklist must be completed for homes to eam the ENERGY STAR label.
11. Window performance levels must meet or exceed ENERGY STAR Program Requirements for Residential Windows, Doors, and
Skylights- version
4.0,
with additional requirements for climate zones 2 and 4. Refer to the county-level BOPs on EPA's Web site
for the specific window performance levels required in each county of the country. Additional information about version 5.0 of the
Revised
01/05/20101/7/2010
Page 2 of 3
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ENERGY STAR Qualified Homes
National Builder Option Package Notes
program requirements for windows, which is more stringent and offers additional savings, can be found at
www.energystar.gov/windows.
12. All decorative glass and skylight window area counts toward the total window area to above-grade conditioned floor area (WFA)
ratio. For homes with a WFA ratio >18%, the following additional requirements apply:
a. In IRC Climate Zones 1, 2, and 3, an improved window SHGC is required, and is determined by:
Required SHGC
=
[0.18 fWFA] x [ENERGY STAR SHGC]
Where the ENERGY STAR SHGC
is
the minimum required SHGC
of
the climate-appropriate window specified in this BOP.
b. In IRC Climate Zones 4, 5, 6, 7, and 8, an improved window U-Value is required, and is determined by:
Required U-Value
=
[0.18 fWFA] x [ENERGY STAR U-Value]
Where the ENERGY STAR U-Value
is
the minimum required U-Value oftha climate-appropriate window specified in this BOP.
13. Up to 0.75% WFA may be used for decorative glass that does not meet ENERGY STAR requirements. For example, a home with
total above-grade conditioned floor area of 2,000 sq.
ft.
may have up to 15 sq.
ft.
(0.75% of 2,000) of decorative glass.
14. More efficient water heating equipment represents a significant opportunity for energy savings and a meaningful way to
differentiate ENERGY STAR qualified homes from those with standard equipment. An ENERGY STAR qualified water heater not
only satisfies the Water Heater efficiency reqUirements, but also counts toward the requirement for five or more ENERGY STAR
qualified lighting products or appliances as detailed in the Lighting and Appliances guideline.
15. To determine domestic hot water (DHW) EF requirements for additional tank sizes, use the following equations:
Gas DHW EF
~
0.69 - (0.002 x Tank Gallon Capacity); Electric DHW EF
~
0.97 - (0.001 x Tank Gallon Capacity).
16. In homes with gas or oil hydronic space heating, water heating systems must have an efficiency
~
0.78 EF. This may be met
through the use of an instantaneous water heating system or an indirect storage system with a boiler that has a system efficiency
~
85 AFLIE. Homes with tankless coil hot water heating systems cannot be qualified using this BOP, but can earn the label using the
ENERGY STAR Performance Path requirements.
17. Any combination of ENERGY STAR qualified products listed may be installed to meet this requirement. ENERGY STAR qualified
ventilation fans include range hood, bathroom, and inline fans. ENERGY STAR qualified lighting fixtures installed in the following
locations shall not be counted: storage rooms (e.g., closets, pantries, sheds), or garages. Eligible appliances include ENERGY
STAR qualified refrigerators, dish washers, and washing machines.
18. Efficient lighting fixtures represent a Significant opportunity for persistent energy savings and a meaningful way to differentiate
ENERGY STAR qualified homes from those meeting minimum code requirements. To learn more about the benefits of increaSing
the use of efficient fixtures through the installation ofthe ENERGY STAR Advanced Lighting Package (ALP). refer to
www.energystar.gov/alp.
Revised
01/05/201011712010
Page 3 of3
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ENERGY STAR Qualified Homes
National Performance Path Notes
ENERGY STAR Performance Requirements:
To qualify as ENERGY STAR, a home must meet the minimum requirements specified below and be verified and field-tested in
accordance with the RESNET Standards by a RESNET-accredited Provider. Note that compliance with these guidelines is not intended
to imply compliance with all local code requirements that may be applicable to the home to be built,l
Maximum HERS Index Required to Earn the ENERGY STAR
2
Note: Due to the unique nature of some state codes and/or climates, EPA has agreed to allow regionally-developed definitions of
ENERGY STAR in California, Hawaii, and the Pacific Northwest to continue to define program requirements. The States of Montana
and Idaho may use either the requirements of the national program or the regional1y-developed program in the Pacific Northwest.
ENERGY STAR Mandatory Requirements:
Envelope
3.4,5
Ductwork
6,7
Completed Thermal Bypass Inspection Checklist
Leakage
S
6 cfm to outdoors
1100
sq.
ft.
Include at least one ENERGY STAR qualified product category;
Heating or cooling equipment
8.9;
OR
Windows that meet the following eligibility requirements
10;
OR
ENERGY
STAR
Products
ENERGY STAR Window Zone:
Window U-Value:
Window SHGC:
Southem
< 0.65
South / Central
< 0.40
North / Central
::.0.40
<0.55
Northem
< 0,35
I
I
::.
0040
::.
0040
Any
ENERGY
STAR Scoring
Exceptions
Water heating equipment; OR
Five or more ENERGY STAR qualified light fixtures
with lighting fixtures, and/or ventilation fans
14
11.12,
appliances
13,
ceiling fans equipped
• On-site power generation may not be used to achieve the HERS Index required to qualify the home.
• A maximum of
20%
of all screw-in light bulb sockets in the home may use compact fluorescent
lamps (CFLs) to achieve the HERS index required to qualify the home, CFLs used for this purpose
must be ENERGY STAR qualified
Revised
01/05/2010
Page 1 of2
@
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ENERGY STAR Qualified Homes
National Performance Path Notes
1. Where requirements of the local codes, manufacturers' installation instructions, engineering documents, or regional ENERGY
STAR programs overlap with the requirements of these guidelines, EPA offers the following guidance:
a. In cases where the overlapping requirements exceed the ENERGY STAR guidelines, these overlapping requirements
shall be met;
b. In cases where overlapping requirements conflict with a requirement of these ENERGY STAR guidelines (e.g., slab
insulation is prohibited to allow visual access for termite inspections), then the conflicting requirement within these
guidelines shall not be met. Furthermore, qualification shall still be allowed if the rater has determined that no
equivalent option is available that could meet the intent ofthe conflicting requirement of these ENERGY STAR
guidelines (e.g., switching from exterior to interior slab edge insulation).
2. The appropriate climate zone for each building site shall be determined by the 2004 International Residential Code (IRC). Table
N11 01 .2. The HERS Index must be calculated in accordance with the RESNET Mortgage Industry National Home Energy Rating
Standards.
3. The Thermal Bypass Inspection Checklist must be cOmpleted for homes to earn the ENERGY STAR label.
4. Envelope leakage must be determined by a RESNET-certified rater using a RESNET-approved testing protocol.
5. To ensure consistent exchange of indoor air, whole-house mechanical ventilation is recommended. but not required.
6. Ducts must be sealed and tested to be s
6
cfm to outdoors /100
sq.
ft. of conditioned floor area, as determined and documented
by a RESNET -certified rater using a RESNET-approved testing protocol. If total duct leakage is::::.
6
cfm to outdoors /100 sq.ft. of
conditioned floor area. then leakage to outdoors does not need to be tested. Duct leakage testing can be waived if all ducts and
air handling equipment are located in conditioned space (Le., within the home's air and thermal barriers) AND the envelope
leakage has been tested to be s 3 ACH50 OR s 0.25 CFM 50 per
sq.
ft. of the building envelope. Note that mechanical ventilation
will be required in this situation.
7. EPA recommends, but does not require. locating ducts within conditioned space (i.e., inside the air and thermal barriers), and using
a minimum of R-4 insulation for ducts inside conditioned space to prevent condensation.
8. All cooling equipment. regardless of whether it is used to satisfy the ENERGY STAR products requirement, must be sized
according to the latest editions of ACCA Manuals
J
and S, ASH RAE 2001 Handbook of Fundamentals. or an equivalent
computation procedure. Maximum oversizing limit for air conditioners and heat pumps is 15% (with the exception of heat pumps in
Climate Zones 5 - 8, where the maximum oversizing limit is 25%). This can be accomplished either by the rater performing the
calculations or reviewing documentation provided by the professional contractor or engineer who calculated the sizing (e.g., HVAC
contractor). The following operating conditions shall be used in the sizing calculations and verified where reviewed by the rater:
Outdoor temperatures shall be the 99.0% design temperatures as published in the ASHRAE Handbook of Fundamentals for the
home's location or most representative city for which design temperature data are available. Note that a higher outdoor air design
temperature may be used if it represents prevailing local practice by the HVAC industry and reflects extreme climate conditions that
can be documented with recorded weather data; Indoor temperatures shall be 75° F for cooling; Infiltration rate shall be selected
as "tight', or the equivalent term.
In specifying equipment, the next available size may be used. In addition. indoor and outdoor coils shall be matched in accordance
with ARI standards.
9. In homes with heat pumps that have programmable thermostats, the thermostat must have "Adaptive Recovery" technology to
prevent the excessive use of electric back-up heating.
10. Where windows are used to meet the ENERGY STAR qualified product requirement, they shall be ENERGY STAR qualified or
meet or exceed the listed eligibility requirements listed in this document. which are aligned with the ENERGY STAR Program
Requirements for ReSidential Windows, Doors, and Skylights- version 4.0. To determine the ENERGY STAR window zone
aSSigned to each county of the country, download the applicable county-level BOP on EPA's Web site and refer to the top right
corner of the document. Additional information about version 5.0 of the program requirements for windows, which is more stringent
and offers additional savings. can be found at www.energystar.gov/windows.
11. For the purposes of meeting the ENERGY STAR reqUirement, qualified lighting fixtures in the following locations cannot be
counted: storage rooms (e.g., closets, pantries. sheds), or garages.
12. To learn more about the benefits of increasing the use of efficient fixtures through the installation of the ENERGY STAR Advanced
Lighting Package (ALP), refer to www.energystar.gov/alp.
13. Eligible appliances include ENERGY STAR qualified refrigerators, dish washers, and washing machines.
14. ENERGY STAR qualified ventilation fans include range hood, bathroom, and in line fans.
Revised
01/0512010
Page 2
of
2
r[j)
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ENERGY STAR Qualified Homes
Thermal Bypass Inspection Checklist
-
The Thermal Bypass Inspection Checklist must be completed for homes to earn the ENERGY STAR label. The
Checklist requires visual inspection of framing areas where air barriers are commonly missed and inspection of
insulation to ensure proper alignment with air barriers, thus serving as an extra check that the air and thermal
barriers are continuous and complete. State, local, and regional codes, as well as regional ENERGY STAR
program requirements, supersede the items specified in this Checklist.
Guidance on Completing the Thermal Bypass Inspection Checklist:
1. Accredited HERS Providers and certified home energy raters shall use their experience and discretion in
verifying that each Inspection Checklist item is installed per the inspection guidelines (e.g., identifying
minor defects that the Provider or rater deems acceptable versus identifying major defects that undermine
the intent of the Checklist item).
2. Alternative methods of meeting the Checklist requirements may be used in completing the Checklist, if the
Provider deems them to be equivalent, or more stringent, than the Inspection Checklist guidelines.
3. In the event an item on the Checklist cannot be verified by the rater, the home cannot be qualified as
ENERGY STAR, unless the builder assumes responsibility for verifying that the item has met the
requirements of the Checklist. This option is available at the discretion of the Provider or rater but may not
be used to verify more than six (6) items on the Inspection Checklist. This responsibility will be formally
acknowledged by the builder signing-off on the Checklist for the item(s) that they verified. The column
titled "N/A" should be used when the checklist item is not present in the home or when local code
requirements take precedent.
4. The Checklist may be completed for a batch of homes using a RESNET-approved sampling protocol when
qualifying homes as ENERGY STAR. For example, if the approved sampling protocol requires rating one
in seven homes, then the Checklist will be completed for the one home which was rated.
5. In the event that a Provider or rater finds an item that is inconsistent with the Checklist Inspection
guidelines, the home cannot be qualified as ENERGY STAR until the item is corrected in a manner that
meets the ENERGY STAR requirements. If correction of the item is not possible, the home cannot earn
the ENERGY STAR label.
6. The Provider or rater is required to keep a hard copy record of the completed and signed Checklist. The
signature of a builder employee is a/so required if the builder verified compliance with any item on the
Checklist.
7. For purposes of this Checklist, an air barrier is defined as any solid material that blocks air flow between a.·
conditioned space and an unconditioned space, including necessary sealing to block excessive air flow at
edges and seams. Additional information on proper air sealing of thermal bypasses can be found on the
Building America Web site (www.eere.energy.gov/buildings/building america) and in the EEBA Builder's
Guides (www.eeba.org). These references include guidance on identifying and sealing air barriers, as well
as details on many of the items included in the Checklist.
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ENERGY STAR Qualified Homes
Thermal Bypass Inspection Checklist
Home Address:
City:
I
Thermal Bypass
1.
Overall Air Barrier
and Thermal
Barrier Alignment
Inspection Guidelines
I
Corrections
Needed
'-­
State:
Builder! Rater
Verified
!
Verified
N/A
Requirements:
Insulation shall be installed in full contact with sealed interior and exterior air barrier except for alternate to interior air barrier
under item no. 2
(Walls Adioininq Exterior Walls
or
Unconditioned
Spaces)
All
Climate Zones:
i
1.1 Overall Alignment Throughout Home
1.2 Garage Band Joist Air Barrier (at bays adjoining conditioned space)
I
1.3 Attic Eave Baffies INhere VentS/Leakage Exist
Only at Climate Zones
4
and Higher:
1.4 Slab-edge Insulation (A maximum of 25% of the slab edge may be
uninsulated in Climate Zones 4 and
5'L
Best Practices Encouraged, Not Req'd.:
1.5 Air Barrier At All Band Joists (Climate Zones
4
and higher)
0
0
0
0
0
0
_L
0
0
0
0
0
0
0
0
0
0
iD
0
0
0
0
0
0
0
!
2.
Walls Adjoining
Exterior Walls or
Unconditioned
Spaces
1.6 Minimize Thermal Bridging (e.g., OVE framing, SIPs, ICFs)
Requirements:
• Fully insulated wall aligned with air barrier at both interior and exterior, OR
• Alternate for Climate Zones
1
thru
3,
sealed exterior air barrier aligned with RESNET Grade 1 insulation fully supported
• Continuous top and bottom plates or sealed blocking
2.1 Wall Behind ShowerfTub
2.2 Wall Behind Fireplace
I
i
2.3 Insulated Attic SlopeslWalis
2.4 Attic Knee Walls
!
2.5 Skylight Shaft Walls
2.6 Wall Adjoining Porch Roof
2.7
Staircase Walls
3.
Floors between
Conditioned and
Exterior Spaces
I
2.8 Double Walls
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Requirements:
• Air barrier is installed at any exposed fibrous insulation edges
I •
Insulation is installed to maintain permanent contact with SUb-floor above including necessary supports (e.g., staves for
blankets. netting for blown-in)
• Blanket insulation is verified to have no gaps, voids or compression.
• Blown-in insulation is verified to have
3.1 Insulated Floor Above Garage
3.2 Cantilevered Floor
o
o
0
0
0
4
Sh aft s
R
eqUlremen ts
:
Openings to unconditioned space are fully sealed with solid blocking or flashing and any remaining gaps are sealed with
caulk or foam (provide fire-rated collars and caulking where required)
4.1 Duct Shaft
: 4.2 Piping ShaftJPenetrations
4.3 Flue Shaft
0
0
0
0
0
0
0
0
0
5.
AtticJ
Ceiling
Interface
Requirements:
• All attic penetrations and dropped ceilings include a full interior air barrier aligned with insulation with any gaps fully sealed
with caulk, foam or tape
• Movable insulation fits snugly in opening and air barrier is fully gasketed
5.1 Attic Access Panel (fully gasketed and insulated)
5.2 Attic Drop-down Stair
(fUlly
gasketed and insulated)
5.3 Dropped Ceiling/Soffit (full air barrier aligned with insulation)
5.4 Recessed Lighting Fixtures (ICAT labeled and sealed to drywall)
5.5 1Nh0le-house Fan (insulated cover gasketed to the opening)
: Requirements:
1
0
0
0
0
0
0
0
0
D
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
6.
Common Walls
Between Dwelling
Units
I
Gap between drywall shaft wall (i.e., common wall) and the structural framing
boundary conditions
6.1 Common Wall Between Dwelling Units
between units is fully sealed at all exterior
.
Home Energy Rating Provider:
Home Energy Rater Company Name: .
I
Home Energl: Rater Signature:
Rater Inspection Date:
Builder Company Name:
Builder Emj?I0l:ee Signature:
Builder Inspection Date:
®