T&E ITEM #5-6
April 28, 2010
Worksession
MEMORANDUM
April 26, 2010
TO:
FROM:
SUBJECT:
Transportation, Infrastructure, Energy & Environment Committee
Amanda Mihill, Legislative
Analyst~
Worksession:
Expedited Bill 10-10, Buildings - Energy Efficiency - Repeal
and Executive Regulation 26-09, 2009 International Building, Energy
Conservation, Mechanical, Fuel-Gas, and Residential Codes
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.
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 Aprill, 2010, if:
• 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 1,2009, 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
 PDF to HTML - Convert PDF files to HTML files
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. DEP and DPS staff will be available at the worksession to discuss their
views and provide information on energy efficiency and the building codes.
On March 25, the Council received Executive Regulation 26-09, Adoption of the 2009
International Building, Energy Conservation, Mechanical, Fuel-Gas, and Residential Codes. As
a Method (2) regulation, within 60 days after receiving it, the Council must either approve or
disprove the regulation or extend time for Council action. A draft resolution approving the 2009
codes is on ©86. The Council has not received any correspondence related to the adoption of the
2009 codes separate from the issues presented in Bill 10-10.
Issue for Committee Discussion
The primary issue Council staff has identified for Committee consideration is whether the
Committee concurs with the Executive's conclusion that the 2009 building codes, regardless of
verification method, achieves the energy efficiency goals the Council espoused when it adopted
Bill 30-07. 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. The central question for the
Committee is: should the County require a blower door test to verify that the County's energy
efficiency goals are met? Industry members have raised several 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
 PDF to HTML - Convert PDF files to HTML files
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 has identified the following options for Committee
consideration:
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 cbnvinced 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 and
approve Bill 10-10. One related option would be to require a blower door test for only a certain
percentage of homes (e.g., 25%) and/or sunset the blower door test requirement after a certain
timeframe (e.g.,
1
year). This option would allow the Council to revisit this issue prior to the
sunset date to determine whether houses built to the 2009 codes are achieving the same level of
energy efficiency as required under ENERGY STAR.
This packet contains:
Expedited Bill 10-10
Legislative Request Report
Memorandum from County Executive
Fiscal Impact Statement
CE Memorandum for Bi1144-09
Select Correspondence
Stan Edwards, DEP
Larry Cafritz, Custom Builders Council
Raque1 Montenegro, MNCBIA
Randy Melvin, Winchester Homes
ENERGY STAR Verification Options
Builder Option Package
Performance Path
Thermal Bypass Checklist
CE Memorandum for Exec. Reg. 26-09
Executive Regulation 26-09
Comments submitted for Exec. Reg. 26-09
Justifications for Exec. Reg. 26-09
3
Circle
1
5
6
8
9
11
13
19
21
25
28
30
32
33
65
77
 PDF to HTML - Convert PDF files to HTML files
Fiscal Impact for Exec. Reg. 26-09
Draft resolution approving ER 26-09
F;\LA w\BILLS\l 01 0 Buildings-Energy Efficiency-Repeal\T&E Memo.Doc
84
86
4
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No,,-.
_1:.::::0~-1:.::::0~
_ _ __
Concerning: Buildings - Energy
Efficiency - Repeal
Revised:
3/19/2010
Draft No.
_1_
Introduced:
March 23, 2010
Expires:
September 23, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
April 1, 2010
Sunset Date: -'-!N"""onc.:.::e"----_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the County Executive
AN EXPEDITED ACT
to:
(1)
repeal the requirement that certain residential buildings meet certain ENERGY
STAR standards; arid
(2)
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 unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED
Bill No. 10-10
1
2
3
Sec. 1. Article
VIn
of Chapter 8 is repealed as follows:
[Article VllI. Energy Efficiency]
[8-54. Definitions.]
4
5
6
7
8
[In
this Article, the following words have the meanings indicated:
"Covered building'
means a newly constructed:
(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.
9
10
11
"Department"
means the Department ofPermitting Services.
"Director"
means the Director ofthe Department or the Director's designee.
"ENERGY STAR rating"
means the ENERGY STAR rating developed by the
12
13
14
15
16
federal Environmental Protection Agency which measures a building's energy
efficiency.
"Home Energy Rating System"
or
"HERS"
means the energy efficiency rating
system for residential buildings developed by RESNET.
"Qualified home energy performance rater"
means an individual who:
17
18
(1)
(2)
is certified by RESNET as a horne energy performance rater; or
meets other equivalent requirements approved by the Director.
19
20
"RESNET'
means the Residential Energy Services Network.
"Performance path"
21
22
means the process
developed by the
federal
Environmental Protection Agency under which a building may achieve the
ENERGY STAR rating if
it:
(1)
(2)
achieves the applicable HERS index score; and
is verified and field-tested by a qualified horne energy
performance rater.
23
24
25
26
o
' !::7
F:\LAw\BILLS\
1010
Buildings-Energy Efficiency-Repeal\BiII1.Doc
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 10-10
27
28
"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.1
29
30
31
32
33
34
35
36
37
38
39
40
41
[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.]
.
[(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
finds that the building complies with Section 8-55.]
42
43
44
45
46
47
48
49
50
51
52
53
[8-57. Regulations.]
\2..7'
F:\LAW\8ILLS\
1010 Buildings-Energy Efficiency-Repeal\BiIl1.Doc
~
.
 PDF to HTML - Convert PDF files to HTML files
ExPEDITED BILL
No.
10-10
54
55
56
57
[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 performance
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.]
58
59
60
61
62
63
64
65
66
67
68
69
70
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 permit 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-15, regulations required by
Section 8-57, as added by Section 4 ofthis Act.]
71
72
73
74
75
76
77
Sec.
3.
Expedited Effective Date.
The Council declares that this Act is
necessary for the immediate protection ofthe public interest. This Act takes effect on
April 1, 2010.
G)
F:lLAW\BILLSI1010 Buildings-Energy Efficiency-RepeaIIBiIl1.Doc
 PDF to HTML - Convert PDF files to HTML files
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 Aprill, 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 1,2010 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 l,
20 10. 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
INFORMATION:
APPLICATION
WITffiN
MUl'ilCIPALITIES:
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\BILLS\! 0 I 0 Buildings-Energy Efficiency-Repeal\LRR 3-08-\ O,Doc
 PDF to HTML - Convert PDF files to HTML files
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, M,A.RYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
March 16, 2010
.
TO:
FROM:
SUBJECT:
N~CY
Floreen, Council p r e s i . d e n t . Y
ISlah
Leggett, County Executlve
~·7
~
.
Proposed Legislation to Repeal the Energy Star Standard for Covered Buildings
. I am forwarding 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 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). I am also forwarding a Legislative Request Report
for this bill.
Bi1130-07 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 10, 2009) deferred the
applicability of the bill to building permit 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 Apri11, 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 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.
Based on discussions with the Department of Permitting Services (DPS) and DEP, I am
convinced that IECC 2009 will achieve the energy efficiency goals of Bill 37-07 regardless of
 PDF to HTML - Convert PDF files to HTML files
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
 PDF to HTML - Convert PDF files to HTML files
·Itm..
f..
ID-/O
056033
OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
MEMORANDUM
April 14, 2010
TO:
FROM:
SUBJECT:
Nancy Floreen,
Pres~'de
County Council
Joseph F. Beach,
Dire
Expedited Bill
I0-·0,
r
J
Joseph F. Beach
Director
dings - Energy Efficiency - Repeal
....
;~
The purpose of this memorandum is to transmit a revised fiscal and economic impact
9?
statement to the Council on the subject legislation.
.
Vl
W
.-..(
LEGISLATION SUMMARY
Bill 10-10 would repeal the requirement that single-family homes and certain other
residential buildings meet ENERGY STAR standards.
FISCAL AND ECONOMIC SUMMARY
This bilI, 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 of the ENERGY STAR
requirements through the adoption ofthe 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
ofverifying 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 of Permitting Services; David Platt, Department
of Finance; John Greiner, Office of Management and Budget.
JFBjg
c: Kathleen Boucher, Assistant Chief Administrative Officer
Dee Gonzalez, Offices of the County Executive
Bob Hoyt, Director, Department of Environmental Protection
Stan Edwards, Department ofEnvironmental Protection
Carla Reid, Director, Department of Permitting Services
Hadi Mansouri, Department ofPennitting Services
David Platt, Department of Finance
John Greiner, Office of Management and Budget
John Cuff, Office of Management and Budget
OfDce of the Director
101 Monroe Street, 14th Floor • Rockville, Maryland 20850 • 240-777-2800
www.montgomerycountymd.goY
 PDF to HTML - Convert PDF files to HTML files
OFFICE OF TIlE COUNTY EXECUTIVE
ROCKVILLE. MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
November 12, 2009
TO:
FROM:
SUBJECT:
Phil Andrews, Council President
I,iab
Leggett,
County Exerutive-f/
Proposed Legislation
~~>'1---_
I am forwarding for your 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
also forwarding a Legislative Request Report for this bilL
filed on or after April 1, 2010. I
am
Bil130-07 requires the following "covered buildings" to meet the Energy Star
standard for energy efficiency: (I) 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 Bi1130-07, 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 Aprill, 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.
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 IECC 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.
 PDF to HTML - Convert PDF files to HTML files
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 of Permitting 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 2010.
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 conservation
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 Chief Administrative Officer
Robert Hoyt, Director, Department of Environmental Protection
Carla Reid, Director, Department of Permitting Services
Leon Rodriguez, County Attorney
 PDF to HTML - Convert PDF files to HTML files
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 (i.e., buildings that are 3 stories or less).
Bill 30-07 made the 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 Code (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
1,2010) 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 1est. 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.
.
.
Representatives ofDPS can provide more information to Council on IECC 2009, and the
processes used by builders and the Departmentto 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
 PDF to HTML - Convert PDF files to HTML files
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.
 PDF to HTML - Convert PDF files to HTML files
alA
EXECUTIVE
=MM/TTEE
MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION
173B Elton Road, Suite 200, Silver Spring, Maryland 20803
(301) 445-5400
I
Fax (301) 445-5488
Email. communications@;mncbia.org
Website: wvvw.mncbia.org
V
BJWARO "GUY"
Fl
OJRlEY. I I
A--esdent
(Ub~
Home SUlder Inc.)
Comments on Behalf of the Custom Builders Council
,JAMES KETTLER
on
Vee President/Calvert: County
(Kettler Srothers
Homes UC)
Expedited BILL
10-10,
Buildings - Energy Efficiency - Repeal
DOUG MEEKER
Public Hearing before the Montgomery County Council
Vice PresdentiDlaries Daunty
(8m
Street: Development)
April
13, 2010
ROSERT J. SPALDING
Vice PresidentiMontgomery
ColJlty
(Miler &
Smith
Homes)
MARTYMITCH8..L
Good afternoon, I am Larry Cafritz, representing the Custom Builders Council (CBC).
~~::S&d:,~~~z,;S~q()ur
builders specialize in building one-of-a-kind homes for specific customers on specific
,JOHN
s.
NORRIS.
III
lots. I am testifying today in support of the County Executive's Expedited Bill
10-10,
Vee PresdentiSc Mar;'s Daunty
(Law
Office of John S. Norris
IIIUCj
Buildings - Energy Efficiency.
SRIAN "AS JADKSDN
Vice PresidenC/Wsshington DC
(EYA UCj
Energy loss, in residential construction, is often due to the lack of insulation and lack
RRANK SOSSONG.
P E
of 'air-tightness'. We support efforts to clarify and improve energy efficiency. We believe
Associate Vice President
(Rodgers DansulOng
hc.)
that a component of being "sustainable" is to effect change in a cost-effective manner.
STEVE NAROlliA
Treasurer
.
(Winchester Homes
hc.)
We believe that adopting the
IECC 2009
increases the energy efficiency of new
OAVElUNOEN
homes to the Energy Star guideline, and meets the intent of Bill
30-07;
we believe that it
Vice Pnesdent SCste lsgisJSecretar; . .
..
[Tirrberlake Homes
hc.)
achieves that goal
In
the more cost-expeditious manner.
ROSERT
A.
JAmSS
Life Or--ector
[Ac.so18 Feeleral Savngs
Sank)
While current building code requires wall and ceiling insulation, and insulation in
THOMAS
M.
FARIASY
unconditioned spaces, there has been no insulation inspection. The new code addresses
IrTVTlediate Past President
rrerra Verde Communities ll.C}
energy loss by adding the following requirements and inspections:
STERHEN P. 8lMENOORF
lagal Dounsei
(Unowes
&Siocher.
llP)
1) Prior to drywall installation, the inspector must follow
a
thorough and detailed
DIANE K. SWENSON. CAE
17-step inspection process (see the attached four-page list) to verify air seal
Executive Vice President
and insulation (in the walls, ceilings, floors, attics, window and door jambs, and
BCARC CF ClRECTCRS
behind recessed lighting and electrical boxes, among other places, as well as
Sill SilO
Oico.lnc.
various systems and components).
HIllARY mLT CAHAN
Konterra
MIKECDNLEY
Winchester !-lames Inc
2) In addition, the code requires that the air duct system be sealed and tested for
TONY CPlANE
D-sne f-bmes
tightness using a duct blaster test.
TIMOTHY DUGAN
Shulman Rogers
KEN
~UNN
LOledennan Soltesz Assoc. Inc.
When a house under construction fails to pass these new inspections, it requires
ROSERT HARRIS
Holland &Knight lLP
that the inefficiencies be addressed
before
the walls
are'closed-in'
...
this corrects the
HOWARD
KATZ
Michael HarTis Homes
inefficiencies at the
most efficient
point in the construction cycle. Consequently, any
GARY KRET
Steuart-Kret I-!omes
defiCiencies can be fixed at a time that is much less disruptive to buyers and builders
DAVID
lf1ll.E
&Weber P
A.
schedules and at a more reasonable cost -- when compared to fixing a problem if identified
CHARLENE PARKER"
THA
YER
d"nstopher
consultants ltd.
by a blower door test
after
home completion. (The blower door test, designed to measure
ANDREA LEAHY"R.CHEDK
Leahy &Desmet
air exchange and done after the house is completed, adds a redundant step at an additional
STERHEN PAUL
Mid·At!ancic Builders, Inc.
cost ...
It
is wasteful and counter productive to unnecessarily require independent third party
NANO
RORTEN
Porten Compan!es Inc.
testing for something that can be addressed, in a more efficient and cost effective manner,
KAREN RAOISCH
1st Mariner Bank
via the new inspection processes.)
MARC ROSE
Midlaal
T.
Rose Companies
ANDY ROSENTHAL
Rosenthal Homes
Custom Builders, because of the desires and demands of our customers, are often
GARYRUSINO
Gneenhome
&
OMara,
Inc.
on the cutting edge of innovations and new building practices, which must be balanced by
RONALD RYMER
Lienhart Development Darp.
TBJ
SMART
Mar;land Development Da. llC
RIAYSOSRINO
Porten Companies Inc.
OLARK
WAGNER
Bozzuto Homes Inc
PEGGY
WHiTE
BUILDING
HOMES,
C~EA
T/NG
NEIGHBO~HOODS
AXiom Engineering Design LLC
SRYAN WHITTINGTON
Whitt!ngton DeSlgnBl.iIld
CARTER WillSON
Representing the Building and Development Industry in Calvert, Charles, Montgomery,
C3rter Inc
Prince Georges and St. Mary's Counties and Washington,
De
1
Affiliated with the Msrylsnd Stste Builders Association snd the Nstionsl Association of Home Builders
~
Gutschick.ljt~e
@
 PDF to HTML - Convert PDF files to HTML files
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
 PDF to HTML - Convert PDF files to HTML files
RESIDENTIAL ENERGY EFFICIENCY
TABLE 402.2.5
STEEL-FRAME CEIUNG, WALL AND FLOOR INSULATION
(R-VALUE)
WOOD FRAME
R·VALUE
,
REQUIREMENT
I
I
COLD· FORMED STEEL
EQUIVALENT R.VALUE·
___ ._ _ _, _ . Steel
Tr'!~~2!!lir!9s'
_ _ _ _,_ _ _
R-30
R·38
or R-30 + 3 or
R·26
+ 5
I
3
R-49.2LR-38
+ 3
R-
R-38 + 5
R-49
i-t
I
tally for at least an addltional24 inches (610 mm). 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 (153
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.
402.2.10 Masonry veneer. Insulation shaH not be required
on the horizontal portion of the foundation that supports a
masonry veneer.
402.2.11 Thennally 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 walJ(s} separat­
ing a sunroom from
conditioned space
shall meet the
build·
Ing thermal
envelope
requirements.
402.3 Fenestration. (prescriptive).
402.3.1 U-factor. An area-weighted average of fenestration
products shall be permitted to satisfy the U-factor require·
ments.
402.3.2 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
(1.4
mZ) ofglazed fenestration per dwelling unit shall be
permitted to be exempt from Ufactor and SHGC reqUire·
ments in Section 402.1.1. This exemption shall not apply to
the U-factor alternative approach in Section 402.1.3 and the
Total UA alternative
in
Section 402.1.4.
402.3.4 Opaque door exemption. One Side-hinged opaque
door assembly up to 24 square feet (2.22 m2) in area is
exempted from the
U-factor
requirement 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 402.1.4.
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
U·factor
shall be
0.75. New
windows and doors separating the sun room from
condi­
tioned space
shall meet the
building thermal envelope
reqUirements.
402.3.6 Replacement fenestration. Where some or all 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.
402.4 Air leakage (Mandatory).
402.4.1 Building thennal envelope. The
building
thermal
envelope
shall be durably seaJed to limit inflltration. The
sealing methods between dissimilar matelials shall allow
for differential expansion and contraction. The follOWing
shal/ be caulked. gasketed. weatherstripped or otherwise
sealed with an air barrier material. suitable film or solid
material:
1. All jOints. seams and penetrations.
R.3;'-T·--~;:~~i~~~~~!;:;
2 6
~~i"~8------
l<
---1
:----'"
R-38
R·13
R·19
R-21
1'-
R-49 In
any
framin.g
.
R·49 In
2
x
4
or
2
x
6
or
2
l<
8
or
2
x
10
Steel-Framed Wall
I=R."
I
R-19
R,v~lue.
(".
I
I
R-13 +
5
or R-15 +
4
or
R-li
+
3
or
R-O
+
10
R-13 + 9 or R·19+
8
or R-ZS'+
7
R·13+ IOorR·19+90rR-25+8
Steel Joist
Floor
R-191nlx6
R-19
+
6
in
2
x
lior.1x
lD
R-19+6in2x6
R-19
+ 12102
x
8
or
l
x
10
a.
Cavlly
Insulation R·value is
listed
nrst.
followed
by
contlnuollS !nsulatlon
b. Insulation exceeding
Ine
height of
lhe
framing snail
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
waJldown
to ]0 feet (3048 mm) below grade or to the base­
ment floor, whichever Is less. Walls associated with uncon·
ditioned basements shall meet this requirement unless the
floor overhead is insulated in accordance with Sections
402.1.1 and 402.2.6.
402.2.8 Slab-an-grade floors. Slab-on-grade floors with a
floor surface Jess 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 ofthe 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 extending under the slab or inSUlation extending
out from the building, Insulation extending away from the
building 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
exlerior
wall
and the edge of the inte­
rior slab shall be permitted to be cut at a 45-degree (0.79 rad)
angle away from the
exlerior
wall.
Slab-edge insulation is
not required in jurisdictions designated by the
code
omcial
as having a very heavy termite infestation.
I
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
[0
the
outside. Crawl space
wall
insulation shall be permanently
fastened to the wall and extend downward from the floor to
the finished grade level and then v7rticaJly andior horizon-
2009 INTERNATIONAL ENERGY CONSERVATION CODE"
Z9
 PDF to HTML - Convert PDF files to HTML files
RESIDENTIAL ENERGY EFFICIENCY
2. Site-built windows, doors and skylights.
3. Openings between window and door assemblies and
their respective jambs and framing.
4. Utility penetrations.
5. Dropped ceilings or chases adjacent to the thermal
envelope.
6. Knee walls.
7. Walls and ceilings separating a garage from condi­
tioned spaces.
8. Behind tubs and showers on exterior walls.
9. Common walls between dwelling units.
10. Attic access openings.
11. Rim joist junction.
12. Other sources of Infiltration.
402.4.2 Air sealing and insulation. Building envelope air
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. Building envelope tightness
and Insulation installation shall 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 Pal. Testing shall occur after rough in and
after installation of penetrations of the building enve·
lope. including penetrations for utilities. plumbing. elec­
trlcal. ventilation and combustion appliances.
During testing:
1. Exterior windows and doors. fireplace and stove
doors shaJi be closed. but not sealed;
2. Dampers shall be closed. but not sealed. including
exhaust. Intake. makeup air. 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 coolingsystem(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
acceptable when the items listed in Table 402.4.2. appli.
cable to the method of construction, are field verified.
Where required by the
code ollle/ai.
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
more than 0.3 cfm per square foot (1.5
Uslm
2).
and swing­
ing doors no more than 0.5 cfm per square foot (2.6
Us/m2).
when tested according to NFRC 400 or AAMAlWDMN
CSA lOllI.S.21A440 by an accredited. independent labora­
tory and
listed
and
labeled
by 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 cfm (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 ceiling
covering.
402.5 Maximum fenestration U·factor and SHGC (Manda­
tory). The area-weighted average maximum fenestration
V-factor permitted using trade-offs from Section 402.1.4 or
404 shall be 0,48 in Zones
<I
and 5 and 0.40 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-ofrs from Section 405 In Zones]
through 3 shall be 0,50.
.
SECTION 403
SYSTEMS
403.1 Controls (Mandatory). 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 controlllng the
heating and cooling system on a daily schedule to maintain
different temperature set points at different times of the day.
This thermostat shall include the capability to set back or .
temporarily operate the system to maintain zone tempera­
tures down to 55°F
(13°C)
or up to 8S·F (29°C). The ther­
mostat shall Initially be programmed with a heating
temperature set point no higher than 70·F
(21oq
and a
cooling temperature set point no lower than 7S·P (2a·C).
403.1.2 Heat pump supplementary heat (Mandatory),
Heat pumps having supplementary electric-resistance heat
shall have controls that. 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 toa minimum ofR-8. All other ducts shall
be insulated to a minimum of R-6.
Exception: Ducts or portions thereoflocated 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 sealed.
30
2009 INTERNATIONAL ENERGY CONSERVATION CODE'"
 PDF to HTML - Convert PDF files to HTML files
RESIDENTIAL ENERGY EFFICIENCY
1
'.~
.
Joints and seams shall comply with Section
M1601.4.l
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
Llm!n) per
100 ftz
(9.29 ml)
of
conditioned floor area
or a
totalleal~age
less than or equal to
12
cfm
(12
Umin) per
100
ftz
(9.29
ml)
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-in test: Total leakage shall be less than or
equal
to
6
cfm
(169.9
Llmin) per
100
ftz
(9.29
mZ) of
conditioned floor area
when tested at a pressure dif­
ferential orOJ inches w.g.
(25
PaJ 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 al the time of the test, total leakage shall be
less than or equal to
4
cfm
(113.3
Umin) per
100
flz
(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 INSULATION INSPECTION COMPONENT CRITERIA
COMPONENT
CRITERIA
Air barrier and thermal barrier
EXlerior thermal envelope insulallon for framed walls
is
installed In substantial contact
and continuous alignment
with
building envelope air barrier.
Breaks orjoints in the aIr barrier are filled or repaired.
Air-permeable insulatlon is not used as a scaling material.
Air-permeable insulation is inside of an air barrier.
Air barrier in any dropped ceiling/soffit is substantially aligned with insulation and any
:gaps are scaled.
.
!
Allie access (except unvented attic). knee wall door. or drop down stair is sealed.
Corners and headers al'e insulated.
Junction of foundation and sill plate
Is
sealed.
Ceiling/attiC
Walls
Windows and doors
Rim joists
Floors
(including above-garage and cantilevered floors)
Crawl space walls
I
Space berween window/door jambs and framing is sealed.
Rim joists are insulated and include an air barrier,
1=1",0.
i, ''''''',.. "
p,~,oo.'
".'oc'
Air barrier is installed at any
ex~sed
edge of insulation.
m,i."i.
wi. """"",,
of
~bflo"
,
' ' ' .' 1
i
!
Insulation is permanently attached
10
walls.
Exposed earth in unvented crawl spaces is covered with Class I vapor retarder with
overlapping joints taped.
Duel shafts. utility penetrations. knee walls and nue shafts opening
10
exterior or
..
--
-
,".". .. _w____ .. _,._"
-_._----
--'.'
~condltio~~~
..
spa~. a.~_s..~~~'
Batts In narrow cavities are cut to fit. or narrow caviU"s are tilled by sprayed/blown
Insulalion.
I
Shafts, penetrations
!
:-
-- ----
-~-----
..
Narrow cavities
Garage separation
Recessed lighting
Plumbing and wiring
..____._______.
.~~
~
"-,
~
i
Air sealingIs_provlded between the garage and conditioned spaces.
Recessed light fixtures are air tight. IC rated. and sealed to drywall.
Exception-fixtures in conditioned space,
Insulation is placed berween outside and pipes. Balt insulation is cut
to
fit around wiring
and plumbing, or sprayed/blown insulation extends behind piping and
Wiring.
Showers and tubs on exterior walls have insulation and an air barrier separating them
from the exterior wall.
__
Air barrier is installed
1~~'!lEn_:-vall
between
d~~~E.!i~:
_
__._. _____ ... __
Fireplace walls include an air barrier,
I
Showerllub on exlerior wall
I
E1ectric~!{,~~
box.on e;'(terior walls
~-----~-.---.-----
~JL~a~.~~
extends behind boxes or air
seaJed.:!:tpe
boxes are installed. ____
._~
-
Common wall
Fireplace
,-------"",*
I
~.regis(ef b.o_~
________._ .....
HVAC!~gi~~~r
boots that penetr..!'le
b~din!te.n.!'~I?~e..are seal~t?sub~5~or~r
d!)'\VaU._ 1
J
2009 INTERNATIONAL ENERGY CONSERVATlON CODE"
31
 PDF to HTML - Convert PDF files to HTML files
RESIDENTIAL ENERGY EFFICIENCY
?
403.2.3 Building cavities (Mandatory). Building framing
cavities shall not be used as supply ducts.
403.3 Mechanical system piping insulation (Mandatory).
Mechanical system piping capable of carrying fluids above
l05 F (41·C) or below SS"F (lS"C) shall be insulated to a min­
Imum ofR-3.
Q
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
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 tum 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 (Mandatory). 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 504 in lieu of Section 403.
403.8 Snow melt system controls (lvlandatory). 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 SO·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
energy-conserving measures in accordance with Sections
403.9.1 through 40S.9.3.
403.9.1 Pool beaters. All pool heaters shall be equipped
with a readily
accessible
on-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 offand on heaters and pumps according to a preset
schedule shall be installed on swimming pool heaters and
pumps.
Exceptions:
1.
Where pubric health standards require 24-hour
pump operation.
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 that 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
approvedby
the
code official.
such as the Department of
Energy. Energy Information Administration's
State Energy
Price and Expenditure Report. Code officials
shall be permit­
ted to require time-of-use pricing in energy cost calculations.
Exception: The energy use based on source energy
expressed in Btu or Btu per square foot of
conditioned floor
area
shall be permitted to be substituted for the energy cost.
The source energy multiplier for electricity shall 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 ofTicJaJ.
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 following information:
1. Address or other idenliflcation of 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 resuJts;
S. Name of individual completing the compliance
report; and
2. Where pumps are required
to
operate solar- and
waste-heal-recovery pool heating systems.
403.9.3 Pool covers. Heated pools shall be equipped with a
vapor-retardant pool cover on or at the water surface. Pools
heated to more than 90°F (3Z°C) shall have a pool cover
with a minimum insulation value ofR-12.
Exception: Pools deriving over 60 percent of the energy
for heating from site-recovered energy or solar energy
source.
32
2009 INTERNATIONAL ENERGY CONSERVATION CODE'"
@
 PDF to HTML - Convert PDF files to HTML files
:)
alA
EXECUTive COMMITTee
EDWARD "GUY"
F\
Q.;ALEY.
1U
Presdent
~jben:y
Home
Builder
Inc)
MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOOATION
173B 8tan Road, Suite 200, Silver Spring, Maryland 20903
(301) 445-5400
I
Fax (301) 445-5499
Email.
communications@mncbiaorg
WebSite' IIV\MNmncbia.org
Vee
P:-esidentiCaivert County
(Kettler
Brothers
Hames
LLCI
JAMES KET11J3'\
Expedited BILL 10-10, Buildings - Energy Efficiency - Repeal
Public Hearing before the Montgomery County Council
April 13, 2010
ROBERT
j.
SPALDING
Vice PreS1dent/Mor<:g:mEry Cl:Jur1ty
I/V1iIIer
0;
Smdl
Hames)
MARTY MITQ-E.L
Vice ,"resident/Pmce George's County
(Mitchell
0;
Best HtmebtJilders
LLCJ
jQH\l
B. NORRIS, 1U
Vee
President/St.
tvIary's
Cl:Jur1ty
(Law
Offi::e
of
J:l~n
B,
Noms
In
LLq
BRIAN'
A.j:
JACKSON
Vice Presdent/Washhgton 00
(EYA LLCI
RRMK saSSONG, tv
Pi:.
Asl:5ociatB
Vee
President
(Rodge.."
Consulting
Inc)
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 Bill 10-10; we believe that adopting the International
Efficient Construction Code (IECe) 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 pinpoint
where the energy-inefficiencies occur ... it simply measures
the 'air exchange.
DAVEll.JI\I08'l
Vice
President
State
l.agiSlSecre""'"Y
(Tmberlake
H:)rnes ho.)
ROBERT
A.
JACDBS
(Acacia _
Llfe
Director
Salrings
Bank)
STEPHEN
P.
aM8\!XlR.c
Legal
Cocnsel
(Lirowes
&:
Biocl"er. UP)
DIANE
K.
SWENSON.
OAE
Executive Vee President
SCARC OF CIFI5CTCFIS
BIlL
BILO
Oleo.
he.
HIlLARY
COLT
OAHAN
KortefT"a
MiKECDNLEY
WincheSter Homes
h:.
TONY CRANE
Q-ane
Homes
TIMOTHY
DUGAN
ShLAman
Rogers
KEN
Dl.l'IN
l::!iederrnan
Soltesz
Assac. !re
ROBERT HARRIS
Hoiland
0;
Knight UP
HOWA.RDKATZ
Michael_ Homes
GARY
KRET
Steuan::·Kret H:)mes
OAV!O UTILE
GJ:5chd<.
IJtt!e
0;
WI!iI::Ier
P
A
OHARUENE PAR'CEfHHAY8'\
ohrist.qJi1Er
consuIt:arn:s
~ci
ANDREA
L5'J-1Y·RJOHfDK
Leahy
6;
Desmet:
STEPHEN PALL
,v1<J·AtlantlC Bl:tider's.
no.
NAi'O PaRTEN
Part"..et1
~nies
lnc.
KAREN PAOISOH
1st
Mariner Bank
MARC ROSE
iVkhsel T Rose CorT"paniES
ANDY ROSENTHAL
Rosenthal Horres
GARY Rl.J8INO
Greer>l"orre
6;
OMara
Inc
RONALD RYMEP
Lenrert
Develcpment
Oorp.
TED
SI'v1ART
tvIary'and
Development:
Co.
LLC
RAYSOBRNJ
f'or<"..en
Companies
Inc.
D.ARKWAGNEP
8ozzuto
Hcrm:!s Inc
PeGGY
WHITE
Ax:cm 8"lgineering Cesig1LLC
SAYAt<
WHITIINGTON
Whctingcon Des,gnBul:c!
OARTEP
WLLSCN
BUILDING
HOMES, CREATING NEIGHBORHOODS
:pvp!!c;nrr,pnt
Industry r calvert, (Faries. Montgomery,
Gsorce's and St.
Counties and
OC
Affillsced with the I\/aryard
State
Builders Assoaatior arc the National
of Home Buiiders
G9rter inc.
 PDF to HTML - Convert PDF files to HTML files
MNCBIA Testimony
Expedited BILL
10-10,
Buildings - Energy Efficiency­
Public Hearing before the Montgomery County Coundl
April
13, 2010
Page 2 of 2
Rather than rely on a test that is conducted
aftera
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.
 PDF to HTML - Convert PDF files to HTML files
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 a Bethesda
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 able to 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:
 PDF to HTML - Convert PDF files to HTML files
Blower Door Test Results:
Model·
Volume
FT3
Pressure
AGH
so
Depress
AGH
so
15.5
Average
AGH
so
16.0
I
Required
•. by 2009.
i
IEGG
~7.0
I
6.5*
44,838
Newbury
(Typical
i
Single)
I
6.5*
44,523
Sinclair
(Typical
i
. Single With
. Sunroom)
5.9
South ridge
\61,598
(Large Single
Energy Star)
i
!
7.1
Liberty
· 27,078
(End Unit
I
l
Townhouse)
*Post test adjustment required
!
AGH 50
5.5
6.0
AGH50
!
<7~
.
i
i
15.1
I
1
55
.
6.5
~7.0
AGH 50
~7.0
5.9
!
AGH50
All the homes passed the air tightness requirements of the 2009 IEGG or
equivalent, even in the absence of the 2009 IEGG 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
AGH 50 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.
 PDF to HTML - Convert PDF files to HTML files
Reasons for considerable variations in 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 tloor 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 tloor 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 South ridge 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 CFM)
.
• 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.
 PDF to HTML - Convert PDF files to HTML files
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.
 PDF to HTML - Convert PDF files to HTML files
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
imply compliance with all local code requirements that may be applicable to the home to be built.l
Hot Climates
Right-Sized
!
Cooling
2
Mixed and Cold Climates
2
(2004 IRC Climate Zones 4,5,6,7,8)
Right-Sized 3:
(2004 IRC Climate Zones 1,2,3)
3:
Equipment
(Where Provided)
ENERGY STAR qualified AlC
(14.5 SEER 112 EER);
OR
ENERGY STAR qualified heat pump4
(14.5 SEER 112 EER I
8.2
HSPF)
13 SEER
AlC;
OR
ENERGY STAR qualified heat pump
4
(14.5 SEERI
12
EER 18.5 HSPF)
ENERGY STAR qualified gas furnace
(90 f,FUE);
OR
ENERGY STAR qualified heat pump
.3,4
(See
Note
3
for specifications);
OR
ENERGY STAR qualified boiler
(85 AFUE);
OR
ENERGY STAR qualified oil furnace
(85AFUE)
Heating
Equipment
80 AFUE gas fumace; OR
ENERGY STAR qualified heat pump
3,4
Thermostat
4
Ductwork
(14.5 SEER 112 EER I
8.2
HSPF);
OR
80 AFUE boiler; OR
80 AFUE oil furnace
ENERGY STAR qualified thermostat (except for zones with radiant heat)
Leakage
5: :;;
4 cfm to outdoors
1100
sq.
ft.;
AND
R-6 min. insulation on ducts in unconditioned spaces
6
Envelope
-
Infiltration
7,8
(ACH50): 7 in CZ's 1-2
Insulation levels that meet or exceed the 2004 IRC
9;
AND
Completed Thermal Bypass Inspection Checklist
10
I
6 in CZ's 3-4
I
5 in CZ's 5-7
I
4 in CZ 8; AND
Windows
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
80 Gal::: 0,53
Gas (EF):
40 Gal::: 0.61
60 Gal 0.57
80 Gal
=
0.89
Electric (EF): 40 Gal::: 0.93
50 Gal
=
0.92
Oil or Gas
16:
Integrated with space heating boiler
Five or more ENERGY STAR qualified appliances, light fixtures,
ceilin9 fans equipped with lighting fixtures, water heaters, and/or ventilation fans
Water Heater
14,15
I
I
I
I
Lighting and
Appliances
17,18
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 regionally-developed program in the Pacific Northwest.
Map is for illustrative purposes only and is based on figure N1101.2 from the 2004 International Residential Code (IRC).
Revised
01/05/20101/7/2010
Page 1 of3
 PDF to HTML - Convert PDF files to HTML files
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 exterior to interior slab edge insulation).
2. The appropriate climate zone shall be determined by the
2004
International Residential Code (IRC), Figure N1101.2.
3. Cooling equipment shall be sized according to the latest editions of ACCA Manuals J and S, ASHRAE 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 "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.
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
1100
sq.
ft.
of conditioned floor area, as determined and documented
by a RESNET-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 (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.
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
1102.1
and N 11 02.2 of the 2004 IRC. 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
N1102.2.2, which allows for the reduction of ceiling insulation in space constrained rooflceiling 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 rater.
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 earn 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
01/05/20101/712010
Page 2 of 3
 PDF to HTML - Convert PDF files to HTML files
ENERGY STAR Qualified Homes
National Builder Option Package Notes
program requirements fOF 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
f
WFA] 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
f
WFA] x [ENERGY STAR U-Value]
Where the ENERGY STAR U-Value
is
the minimum required U-Value
of
the 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 Galton 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 AFUE. Homes with tank less 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 of the ENERGY STAR Advanced Lighting Package (ALP), refer to
www.energystar.gov/alp.
Revised
01/05/201011712010
Page 3 of3
 PDF to HTML - Convert PDF files to HTML files
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.
1
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 regionally-developed program in the Pacific Northwest
ENERGY STAR Mandatory Requirements:
Envelope
3,4,5
Completed Thermal Bypass Inspection Checklist
Leakages 6 cfm to outdoors /100 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
I
Ductwork
6.7
ENERGY
STAR
Products
ENERGY STAR Window Zone:
Window U-Value:
Window SHGC:
Southern
<
0.65
~0.40
South / Central
~
North / Central
~0.40
Northern
<
0.35
Any
0.40
~0.40
~0.55
ENERGY
. STAR Scoring
i
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
Pagel of2
@
 PDF to HTML - Convert PDF files to HTML files
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 of the 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
N1101.2. 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::; 6 cfm to outdoors
1100
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
1100
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)
tlli..Q
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, ASHRAE 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 inline fans.
Revised
01/0512010
Page 2 of2
@
 PDF to HTML - Convert PDF files to HTML files
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 also 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.
 PDF to HTML - Convert PDF files to HTML files
ENERGY STAR Qualified Homes
Thermal
By'pass
Inspection Checklist
Home Address:
City:
State:
Thermal Bypass
1.
Overall Air Barrier
and Thermal
Barrier Alignment
Inspection Guidelines
Corrections
Needed
Builder
Verified
Rater
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 Adjoining Exterior Walls or Unconditioned
Spaces)
All Climate Zones:
1.1 Overall Alignment Throughout Home
1.2 Garage Band Joist Air Barrier (at bays adjoining conditioned space)
1.3 Attic Eave Baffles Where 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
Climat~Zones
4 and 5.)
Best Practices Encouraged Not Req'd.:
1.5 Air Barrier At All Band Joists (Climate Zones 4 and higher)
1.6 Minimize Thermal Bridging (e.g., OVE framing, SIPs, ICFs)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2.
Walls Adjoining
Exterior Walls or
Unconditioned
Spaces
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
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
2.8 Double Walls
0
0
0
0
0
0
0
0
i
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
!
3.
Floors between
Conditioned and
Exterior Spaces
Requirements:
• Air barrier is installed at any exposed fibrous insulation edges
• 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 proper density with firm packing
3.1 Insulated Floor Above Garage
3.2 Cantilevered Floor
0
0
0
0
o
I
0
0
0
0
0
0
4.
Shafts
Requirements:
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 Shaft/Penetrations
4.3 Flue Shaft
0
0
0
0
0
0
0
0
0
5.
Attic! 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 Ughting Fixtures (ICAT labeled and sealed to drywall)
5.5 Whole-house Fan (insulated cover gasketed to the opening)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
!
6.
Common Walls
Between Dwelling
Units
Requirements:
Gap between drywall shaft wall (i.e., common wall) and the structural framing between units is fully sealed at all exterior
boundary conditions
6.1 Common Wall Between Dwelling Units
Home Energy Rating Provider:
Home Energy Rater Company Name:
Home Energy Rater Signature:
Rater Inspection Date:
Builder Company Name:
Builder Employee Signature:
Builder Inspection Date:
 PDF to HTML - Convert PDF files to HTML files
L\-lrS
CC­
055336
OFFICE OF THE COUNTY EXECUTIVE
.sB~·
Isiah Leggett
County Executive
ROCKVILLE, MARYLfu'<'D 20850
l-L
:::lC;
OLD
pm
.
MEMORANDUM
March 25, 2010
....".
~.
::-
,"'"
"
:.. ,.J
'"
,
.......
'(';'. =--,':
TO:
Nancy Floreen, President
Montgomery County Council .
Isiah Leggett, County Executive
FROM:
SUBJECT:
-P
~
) //
Executive Regulation 26-09
"Adoption of the 2009 International Building, Energy Conservation, Mechanical, Fuel­
Gas, and Residential Codes"
The purpose of this memorandum is to transmit Executive Regulation 26-09, "Adoption
of the 2009 International Building, Energy Conservation, Mechanical, Fuel-Gas, and Residential
Codes," for review and consideration by the County Council. Executive Regulation 26-09 adopts the
2009 editions of the International Building, Energy Conservation, Mechanical, Fuel-Gas, and
Residential Codes. These editions are the most up-to-date versions ofthe model codes and will keep
Montgomery County
in
conformance with the Maryland Building Performance Standard. This
regulation applies to the construction of public and private structures within the County, and would
~upersede
Executive Regulation 28-07.
The regulation was advertised in the December 2009 issue ofthe Montgomery County
Register with a comment deadline of January 15,2010. The comments that were received are attached.
A public hearing was held on December 17, 2009. Two people presented testimony during the hearing:
Mr.
JohnStovall and
Mr.
Randy Melvin, both representing the Codes and Standards COrbmittee for the
Maryland National Capital Building Industry Association (MNCBIA).The testimony was primarily
favorable to the adoption of the 2009 International Building, Energy Conservation, Mechanical, Fuel­
Gas, and Residential Codes. However, they requested additional clarification or justification for several
items, which were also included in ..MNCBIA's written comments. The Department reviewed all the
comments and addressed each of the concerns expressed directly with those who commented, to their
satisfaction.
A Fiscal Impact Statement is also attached.
If
there are any questions, please call Hadi Mansouri, Division Chief at 240-777-6233.
Attachments
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street Rockville, Maryland 20850
Number: 26-09
of the 20091BC, IRC, IECC, IMC, IFGC
ating Department:
rtment of Permittin Services
Effective Date:
Montgomery County Regulation on:
ADOPTION OF THE 2009 INTERNATIONAL
B~DING,
ENERGY CONSERVATION,
MECHAt'ITCAL, FUEL-GAS, AND RESIDENTIAL CODES
DEPARTMENT OF PERl\1ITTING SERVICES
Issued by:
The County Executive
Regulation No. [28-07] 26-09
Authority: Code Sections 8-13 and 8-14
Supersedes: Regulations No. [24-4]
Council Review: Method 2 under Code Section 2A-l5
Register Vol. 26, Issue 12
Comment Deadline: January 15,2010
Effective Date:
Sunset Date: None
SUMMARY:
This regulation adopts the [2006] 2009 editions ofthe International Building Code
(IBC), the International Energy Conservation Code (IECC), the International Fuel
Gas Code (IFGC), the International Mechanical Code (IMC), and the International
Residential Code (IRC) with amendments.
It
governs all buildings and structures
within Montgomery County.
Department of Permitting Services
255 Rockville Pike, Second Floor
Rockville, Maryland 20850-4166
Hadi Mansouri, Chief, Division ofBuilding Construction 240-777-6233
ADDRESS:
STAFF CONTACT:
BACKGROUND
INFORMATION:
Inasmuch as the International Code Council (ICC) publishes the international
series (I-series) of construction standards every three years, and the State of
Maryland adopts these standards and obligates its political subdivisions to adopt
the standards within a specific time period. Montgomery County must adopt these
standards within the prescribed period.
1
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTI·VE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the 20091BC, IRC, IECC, IMC, IFGC
Originating Department:
Department of Permitting Services
Number: 26-09
Effective Date:
Sec. 1.
This regulation is adopted pursuant to Sections 8-13 and 8-14 of the Montgomery County
Code (MCC), 1994, as amended, and applies to the construction, alteration, addition,
repair, removal, demolition, use, location, occupancy, and/or maintenance of all buildings
and structures, and their service equipment, within Montgomery County. It supersedes
Executive Regulations [24-04]28-07, dated [April 1, 2005]May 13,2008, and al1 previous
regulations adopting the BOCA and the International Code Council (ICC) standards. Its
purpose is to adopt the [2006]2009 editions of the IBC, the IECC, the IFGC, the IMC, and
the IRC with amendments necessary to achieve unifotmity and consistency with Maryland
and Montgomery County laws and ordinances, as well as department/division policies and
procedures. Where this regulation differs from the Montgomery County Fire Safety Code
it does not preempt or negate any more restrictive provisions of that code.
Wherever the IBC references the ICC Electrical Code, replace the reference with Chapter
17 of the Montgomery County Code. Wherever the IBC references the
ICCI
ANSI AII7.I,
replace the reference with the Maryland Accessibility Code.
AMENDMENtS TO THE [2006J2009 INTERNATIONAL BUILDING CODE (IBC)
Sec. 2.
Sec. 3.
Section 101.1. Replace the parentheses and the phrase in the parentheses with
"Montgomery County, Maryland."
Section 101.2. Number the existing exception as #1 and add a second exception (#2) to
read as follows: Existing buildings, as defined by the Maryland Building Rehabilitation
Code, undergoing repair, alterations or additions and change of occupancy shall be
permitted to comply with the Maryland Building Rehabilitation Code.
Sections 101.4.3, 101.4.4, and 101.4.5. Delete.
Section 101.4.[2]1. Delete and replace as follows: The provisions ofthe International Fuel
-Gas Code shall apply to the installation of Liquefied Petroleum gas systems and
appliances, fuel gas appliances and related accessories as covered in this code. These
requirements apply to the inlet connections of appliances and to the installation and
operation of residential and commercial gas appliances and related accessories. The
provisions of the International Fuel Gas Code apply to the extent that they are adopted in
this regulation.
Section 102.6. [Delete]Replace the phrase "the International Property Maintenance Code
-or" with the phrase "the Montgomery County Fire Safety Code and".
Sections 103, [107JI08, [110J111 and [112]113, except [112.2]113.2. Delete.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
2
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the 2009
IBe, IRe, IEee, IMe, IFGe
Originating Department:
Department of Permitting Services
Number: 26-09
Effective Date:
Sec. 9.
Section 105.1. Add the following: A separate permit is required for each legal address and
for each separate building at a legal address.
~ection
Sec. 10.
Sec. 11.
Sec. 12.
105.2. Delete all except subsections 105.2.1, 105.2.2, and 105.2.3.
Sections [105]105.3.105.4, 105.5, 105.6, and 105.7. Delete.
Section 10[8],2.1. Add a second sentence to read: Required fees shall be paid for each
separate permit application.
Sections 10[8],2.2 through 10[8],2.6. Delete.
Section 11[9]Q.3.1O. Add the following: The final inspection must be requested and
approved before a building (or portion thereof) including equipmentsand appliances are
used or occupied, whether or not a valid certificate of use and occupancy exists.
[Section 305.2. Change
2~
to 2] Sections 114 and 115. Delete.
[Section 308.2. Change the word "five" to "eight," and the word "six" to "niue."]Section
305.2. Change
2~
to 2.
[Section 308.3.1. Change
2~
to 2] Section 308.2. Change the word "five" to "eight," and
the word "six" to "niue."
[Section 308.5.2.
In
code text and exception, change 2
~
to 2].Section 308.3.1. Change
2~
to 2 in the definition of Child Care Facilities.
[Section 310.1. After the description for Group R-3 occupancies, add the following:
Exceptions:
1. A family day care home, which is a dwelling in which child day care services are
provided: a) in the home where the registrant is the provider and a resident, or where the
registrant is not a resident, but more than half of the children cared· for are residents; b) for
not more than eight children, including the children of the provider, who are less than six
years of age, and; c) where staffing complies with state and local regulations, but no more
than
two non-resident staff members are on site at any time, may be classified as Group R­
3, or as a one- or two-family dwelling conforming to the IRC; or
Sec. 13.
Sec. 14.
Sec. 15.
Sec. 16.
Sec. 17.
Sec. 18.
Sec. 19.
3
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the
20091BC, IRC, IECC, IMC, IFGC
Originating Department:
Department of Permitting Services
Number:
26-09
Effective Date:
2. A group day care home, which is a dwelling in which child day care services are
provided: a) in the home where the licensee is the provider and a resident; b) for nine to 12
children, including the children of the provider, and.; c) where staffmg complies with state
and local regulations, but no more than three non-resident staff members are on site at any
time, may be classified as Group R-3, or as a one- or two-family dwelling conforming to
the
IRC.
In the first sent.ence of Group R-4 change "five" to "eight".] Section 308.5.2. In code text
and exception, change 2 Y2 to 2.
Sec. 20.
[Section 509.2. In the third condition, add the following sentence:" For the purposes of
determining the number of stories above grade, a story above the 3-hour horizontal
assembly shall be considered a story above grade regardless of the location ofthe average
grade plane] Section 310.1. After the description for Group R -3 occupancies, add the
following:
Exceptions:
1. A family day care home, which is a dwelling in which child day care services are
provided: a) in the home where the registrant is the provider and a resident, or where the
registrant is not a resident. but more than half ofthe children cared for are residents; b) for
not more than eight children, including the children ofthe provider, who are less
than
six
years of age, and; c) where staffing complies with state and local regulations, but no more
than two non-resident staff members are on site at any time, may be classified as Group
3, or as a one- or two-familv dwelling conforming to the
IRC;
or
2. A
grOUP
day care home, which is a dwelling in which child dav care services are
provided: a) in the home where the licensee is the provider and a resident; b) for nine to 12
children, including the children ofthe provider, and: c) where staffmg complies with state
and local regulations, but no more than three non-resident staff members are on site at anv
time, may be classified as Group R-3, or as a one- or two-family dwelling conforming to
the
IRe.
In the first sentence of Group R-4 change "five" to "eight".
Sec. 21.
[Section 509.2. Add a sixth condition to read as follows:"6. A fire command center
complying with section 911 shall be provided."] Section 403.2.1.2. Delete.
[Section 707.14.1. Add the following sentence at the end of the section: Where an
enclosed elevator lobby is provided,exit access corridors shall not be interrupted by an
elevator lobby] Section 403.4.4. Delete the phrase "Section 510 of the International Fire
Sec. 22.
4
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive.
101
Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the 2009 IBC, IRC, IECC, IMC, IFGC
Originating Department:
Department of Permitting Services
Number: 26-09
I
Effective Date:
Code" and replace with "the Montgomery County Fire Safety Code".
Sec. 23.
[Section 716.5.3. Replace the first sentence of Exception 2 with the following: "In
buildings, other than Group H occupancies, equipped throughout with an automatic
sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2, smoke dampers are not
required where:" In Exception 2, paragraph 2.1, add the word "Domestic" in front of the
word "Kitchen."] Section 411.1. Number the existing exception as #1 and add a second
exception (#2) to read as follows:
An
amusement which is a multilevel play structure that
is not more than 10 feet in height and has an aggregate horizontal pro; ection not exceeding
160 square feet.
[Section 903.1.1. Delete and replace with the following: 903.1.1 Alternative Protection.
\Vhere water as an extinguishing agent is not compatible with the fIre hazard, or is
prohibited by a law, statute, or ordinance, the affected area must be protected by an
approved automatic fire-extinguishing system utilizing an extinguishing agent that is
compatible with the fire hazard.] Section 419. Delete.
[Section 903.1.3. Add the following sentence at the end of the section: Unless specifIcally
permitted by this Code,' automatic sprinkler systems in occupancies other
than
one and two
family'dwellings shall be installed in accordance with Section 903.3.1.1 or
903.3.1.2.]Section 422.3. Change "30" to "15". Change "2.8" to "1.4" and change
"nonambulatory patient" to "occupant".
[Section 905.3. After the section title add the following two sentences: In new installations
where the code requires either Class II or
ill
standpipes, Class I standpipes shall be
installed. Occupant use hose is prohibited in new or existing buildings ] Chapter 4. Add a
new section 424 Residential Occupancies.
424.1 All R occupancies shall have appropriate radon control features prescribed in
Appendix F in the International Residential Code, 2009 edition.
Sec. 27.
[Section 907.3.3. Delete.] Section 501.2. Delete "and existing" in the first line.
In
the
second sentence, Change the phrase "4 inches (102 rom)" to "6 inches (153 rom), except R­
3 occupancies which shall be permitted to be 5 inches (127 nun),"
[Section 909.9. Add the following sentence at the end of the section: In all cases, the.
design fire size shall not be less than 5000 Btu/s (5275 k\V) unless approved by the
building offIcial and the fire offIcial.]Section 509.2. Add two more conditions as follows:
8. For purposes of determining the number of stories above grade, a storv above the 3­
hour horizontal assembly shall be considered a story above grade regardless of the location
of the average grade plane.
Sec. 24.
Sec. 25.
Sec. 26.
Sec. 28.
5
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the
2009 IBe, IRe, IEee, IMe, IFGe
Originating Department:
Department of Permitting Services
Number: 26-09
Effective Date:
9. A fire command center complying with Section 911 shall be provided.
Sec. 29.
[Section 909.16.
In
the third sentence, replace the words "approved location adjacent to
the fIre alann control panel" with "location approved by the building offIcial and the fIre
offIcial".]Section 703.6. Amend item 3 to add a sentence as follows: "The sign or
stenciling shall identify the fIre resistance rating in hours."
[Section 911. Replace the second sentence with the following, "The fIre command center
shall have a door directly to the exterior of the building on the address side. The exterior
door to the fire command center shall be within 50 feet of a fire department access road. A
fire department access box shall be provided within 6 feet of the exterior door to the fire
command center. The exterior door to the fire command center shall be identifIed on the
exterior face as the fIre command center in a manner acceptable to the fIre
offIciaL"]Section 708.14.1. Add the following sentence at the end of the section: Where
an enclosed elevator lobby is provided, exit access corridors shall not be interrupted by an
elevator lobby.
[Table 1004.1.1. Add
an
entry for "Shell OffIce Spaces" with an occupant load factor of
65 gross square feet per person.] Section 716.5.3. Replace the first sentence of Exception 2.
with the following:
"In
buildings, other than Group H occupancies, equipped throughout
with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2,
smoke dampers are not required where:"
[Section 1009.3, Exception 4. Change 7.75 to 8.25 and in both occurrences Change 10 to
9] Section 903.1.1. Delete and replace with the following: 903.1.1 Alternative Protection.
Where water as an extinguishing agent is not compatible with the fIre hazard, or is
prohibited by a law, statute, or ordinance, the affected area must be protected by an
approved automatic fITe-extinguishing system utilizing an extinguishing agent that is
compatible with the fITe hazard.
[Section 1013.1. After the first occurrence of the phrase "floor or grade below" insert the
phrase "and retaining walls with a difference in grade level on either side of the wall
exceeding 30 inches (762 mm) and within 2 feet (610 mm) of a walk, path, parking lot, or
driveway on the high side."] Section903.2. 1.2. Add a fourth condition to read as follows:
4. The assemblv occupancy is one of the following
0)
Bars with live entertainment, (2)
Dance halls, (3) Discotheques, (4) Nightclubs, or (5) Assembly occupancies with festival
seating as defIned in the Life Safety Code, 2009 edition.
Sec. 34.
[Section 1013.2. Add a third exception: Exception 3.
In
occupancies in Group R-3, and
within individual dwelling units in occupancies in Group R-2, interior guards shall be
permitted to be not less than 36 inches high.] Section 903.2.8. Add an exception to read as
follows:
Sec. 30.
Sec. 31.
Sec. 32.
Sec. 33.
6
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the 2009 IBG, IRG, IEGG, IMG, IFGG
Originating Department:
Department of Permitting Services
Number: 26-09
Effective Date:
An automatic sprinkler system throughout the building is not required when all ofthe
following conditions are met:
1. The building is a mixed use building, that is not otherwise required to be
protected throughout by automatic sprinklers;
2. There is only one dwelling unit in the building;
3. The dwelling unit is separated from the remainder of the building by flre
barriers in accordance with Section 707 and horizontal assemblies in accordance
with Section 712 having a fIre resistance rating not less than 2 hours;
4. The means of egress from the dwelling unit is independent from the other
occupancies; and,
5. The dwelling unit is protected throughout with automatic sprinklers. The
automatic sprinkler system installed for this exception shall be permitted to be
designed in accordance with Section 903.3.1.3.
Sec. 35.
[Section 1015.2.1. Add the following exception: Exception 3.
In
buildings of Group R-2
four stories or less in height above the grade plane that are served by two required exterior
stairways connected by an open-ended corridors shall be in compliance with Section
1023.6, Exception 4, and shall be provided with remoteness between the near edge of the
required landings that are separated by a distance of at least one fourth the length of the
maximum overall diagonal dimension of the area served.] Section 903.3 .1.3. Add the
following sentences at the end of the section: Automatic sprinkler systems in day care
homes with 12 clients or less located in converted one and two family dwellings or
townhouses shall be permitted to be installed in accordance with NFPA 13D. Unless
speciflcally permitted by this Code, automatic sprinkler systems in occupancies, other than
one and two family dwellings or townhouses, shall be installed in accordance with Section
903.3.1.1 or 903.3.1.2.
[Section 1017.1 Replace Exception 4 with the following: A fIre resistance rating is not
required for corridors within single-tenant Group B occupancies.]Section 905.3. After the
section title add the following two sentences:
.
In
new installations where the code requires either Class IT or
ill
standpipes, Class I
standpipes shall be installed. Occupant use hose is prohibited in new or existing buildings.
[Section 1018. Add a new section 1018.3 to read as follows:
Section 1018.3. Fire Department Access to Floors. Not less than one exit stair which
serves all stories of the building shall be accessible by an internal corridor from the main
entrance of the building or the fire department response location.] Section 909.9. Add the
following sentence at the end of the section:
In
all cases, the design fire size shall not be
less than 5000 Btuls (5275 kW) unless approved by the building official and the fire
official.
Sec. 36.
Sec. 37.
7
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Number: 26-09
Effective Date:
Adoption of
the 2009 IBC, IRC, IECC, IMC, IFGC
Originating Department:
Department
of
Permitting Services
Sec. 38.
[Section 1024.1, Exception 1, Item
1.1.
Add two sentences at the end of the item that read
as follows:
The door to the exterior of the building shall be in direct sight of the point of the
termination of the exit. For the purposes of this section, the use of exit signs or other exit
markings shall not be considered as making the way to the exterior "readily visible and
identifiable".]Section 909.16.
In
the third sentence, replace the words "approved location
adjacent to the fire alarm control panel" with "location approved by the building official
and the fire official".
Sec. 39.
[Chapter 11. Delete and replace with the Maryland Accessibility Code.] Section 911.1.1.
Replace with the following, "The fire command center shall have a door directly to the
exterior of the building on the address side. The exterior door to the fire command center
shall be within 50 feet of a fire department access road. A fire department access box shall
be provided within 6 feet of the exterior door to the fire command center. The exterior
door to the fire command center shall be identified on the exterior face as the [ITe command
center in a manner acceptable to the fire official."
[Table 1607.1 Item 30 Roofs. Modify the uniform live load value for "Ordinary flat,
pitched and curved roofs" to 30 pounds per square foot.] Section 911.1.5.
Amend item 2 to read "The fire department communications system which may include an
in-building public safety radio enhancement system monitoring pane1."
Amend item 11 to read "Fire pump status indicators and remote starting."
Add an item 18 which reads, "A shunt trip device to disconnect the electrical service to the
building."
Sec. 40.
Sec. 41.
[Section 1608.2. After the title add the following sentence: "Design ground snow loads
for Montgomery County shall be not less than 30 pounds per square foot."]Section 915.1.
Replace with the following: Emergency responder radio coverage shall be assured in all
newly constructed below ground floors of a building, all floors in buildings greater than
25000
ft2
per floor, and to all floors of buildings greater than 3 stories in height.
[Section 1612.3. After the-heading, delete the text and replace with the following: The
Floodplain District in Montgomery County is established in Section 3 of Executive
Regulation 108-92 AM, Floodplain Regulations, per the authority in Article
ill,
Chapter 19
of the Montgomery County Code.JAdd Sections 915.2 and 915.3 as follows:
Section 915.2. Every floor area in a building or structure which can not achieve the
required level of emergency responder radio coverage as established by Montgomery
Countv Department of Technology Services shall be provided withgn in-building public
Sec. 42.
8
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the
2009 IBC, IRC, IECC, IMC, IFGC
Originating Department:
Department of Permitting Services
Number: 26-09
Effective Date:
safety radio enhancement system in accordance with the Montgomery County Fire Safety
Code..
Section 915.3. Inspection and Testing. Emergency responder radio coverage and in­
building public safety radio enhancement svstem must be tested, and inspected by
approved individuals. The results of the testing and inspection shall be certified to the
code official prior to issuance of an occupancy permit.
Sec. 43.
[Add a new section as follows: Section 1801.2.2 Special conditions. Design and
construction of all buildings and structures within 1000 feet of a known municipal solid
waste (MSW) landfill site that does not currently have
an
operational land fill gas (LFG)
monitoring and removal system, shall require special engineering of foundation systems,
including walls and floor slabs, to provide for the safety of occupants against hazards from
LFG concentration. Special subsurface investigations shall be conducted, at the owner's
expense, by an approved and qualified engineer or geologist to detennine the extent ofthe
potential hazard. The study must identify the potential hazards, and mitigation plans for the
site must be incorporated into the construction documents and approved prior to issuance
of a building permit. All buildings and structures within 1000 feet of the boundary of a
MSW landfill shall be equipped with a methane gas detector with an alarm activation level
of 20% of the lower explosive limit (LEL 1% by volume).]Table 1004.1.1. Add an entrY
for "Shell Office Spaces" with an occupant load factor of 65 grOSS square feet per person.
[Section 1805.2.1. After the word "locality", in method number 1, insert (Depth shall be a
minimum of24 inches below the adjacent finish grade).]Section 1003.5. In exception #2,
replace the phrase "a single riser or with two risers and a tread" to "three risers or less".
[Chapter 29. Delete.]Section 1007.3. Delete Exceptions
1,
2, and 3.
[Sections 3001.2, 3001.3, and 3001.4. Delete and replace with the following: 3001.2
Standards. The Maryland Department of Labor, Licensing, and Regulation, Division of
Labor and Industry, regulates the design, installation, inspection, and testing of all hoisting
and conveying equipment.]Section 1007.4. Delete Exception 2.
[Section 3107.1. Add the following at the end of the sentence: and Chapter 59 ofthe
Montgomery County Code, 1994, as amended.]Section 1008.1.2. Add a sentence at the
end to read: "Doors in exit enclosures shall swing in the direction of egress travel unless
the door opening serves an individual1iving unit that opens directly into an exit enclosure."
[Add a new Section 3110 to read as follows:
Section 3110. In-Building Signal Amplification System.
~------------~--~~~--~--~----~@
Sec. 44.
Sec. 45 ..
Sec. 46.
Sec.
47.
Sec. 48.
Section 3110.1. General. The provisions of this Section shall a ply to an newly
;{;;j
9
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the 2009 IBC, IRC, IECC, IMC, IFGC
Originating Department:
Department of Permitting Services
Number: 26-09
Effective Date:
constructed below ground floors of a building, all floors in buildings greater than 25000 ft2
per floor, and to all floors of buildings greater than
3.
stories in height of Type I and IT
constructions. Exception: The requirements of this section shall not apply to areas within
an individual dwelling unit.
Section 3110.2. V/here Required. Every floor area in a building or structure which can not
achieve the required level of radio coverage as established by Montgomery County
Department of Technology Services shall be provided with an in-building signal
. amplification system.
Section 3110.3. Inspection and Testing. Radio coverage and in-building signal
amplification systems must be tested, and inspected by approved individuals. The results
of the testing and inspection shall be certified to the code official prior to issuance of an
occupancy permit.] Section 1008.1.9.10. In Exception #3. delete all text after the phrase
" ... openable from the egress side".
Sec. 49.
[Section 3401.2. Add the following at the end of the first sentence: Existing buildings, as
defmed by the Maryland Building Rehabilitation Code, undergoing repair, alterations or
additions and change of occupancy shall be permitted to comply with the Maryland
Building Rehabilitation Code] Section 1009.13. At end of the section add the phrase "or
ladder complying with Section 7.2.9 ofthe Life Safety Code, 2009 edition".
[Appendix Appendix F is hereby adopted in its entirety.]Section 1012.6. At the end of
the last sentence add the phrase "unless, in the opinion of the AHJ, an extension in the
same direction of the stair or ramp creates a hazard in the means of egress."
[Appendix G. Appendix 0 is hereby adopted in its entirety and amended as follows:
Section 0102.1. Insert after International Building Code the phrase "and the provisions of
Article
ill,
Chapter 19 ofthe Montgomery County Code, and Executive Regulation 108-92
AM."
Section 0102.2. Replace the parentheses and the phrase within the parentheses with the
effective date of this regulation.] Section 1012.7. Change "1 W'to
"2
W'.
Sec. 52.
[Appendix H. Appendix H is hereby adopted in its entirety and amended as follows:
Section H 101.1. Insert at the beginning ofthis section "The provisions of this chapter
shall apply to signs that are permitted by the Montgomery County Zoning Ordinance".
Section H 101.2, Delete.
Section RI02.1, Delete defmitions for "Combination sign", "Pole Sign", and "Projecting
Sec. 50.
Sec. 51.
10
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Number: 26-09
Effective Date:
Adoption of
the
2009
IBC, IRC, IEec, IMC, IFGC
Originating Department:
Department
of
Permitting Services
. Sign."
Add defmition of "Supported Sign" as follows: 'A sign that is attached to a structure like a
pole, column, frame, or brace, as its sole means of support, and is not a ground sign and is
not attached to a building.
Delete and replace the definition of "sign" as follows: "Any device, fIxture, placard, or
structure that uses any color, form, graphics, illumination, symbol, or writing to attract
attention or to communicate information".
Delete and replace the definition of "ground sign" as follows: "A sign erected on the
ground or with its bottom edge within 12 inches of the ground, that has its support structure
as an integral part of the sign, and where the dimensions closest to the ground is greater
than height.
Delete and replace the definition of "wall sign" as follows: "Any sign that is attached to the
wall of a building. There are two types of wall signs: Flat wall sign: A sign that
is
parallel
to the wall of a building to which it is attached, but does not extend more
than
12 inches
from the building face; Projecting wall sign: A sign that is attached to a wall ofa building
and extends more than 12 inches from the building face.
'
SectionH104, Delete.
Section HI 08, Delete.
Section HI 09. Add the words "and supported" between "ground" and "sign"
in
the title
and
in
the flrst two sentences ofH109.1
Section H109.2, Delete.
Section HI12. Add the word "wall" 'between "projecting" and "sign" in the title and fIrst
sentence. ]Section 10 13,1. After the phrase "equipment platforms," add the phrase
"retaining walls,"
Sec. 53.
[Appendix
I.
Appendix I is hereby adopted in its entirety]Section 1013.2.
In
exception #1
and #2, change "34 inches (864 mm)" to "36 inches (915 mm)". Add a fIfth exception:
Exception 5. In occupancies in Group R-3, and within individual dwelling units in
occupancies in Group R-2, interior guards shall be permitted to be not less than 36 inches
high.
[Section 101.1. Replace the parentheses and the phrase in the parentheses with
"Montgomery County, Maryland."JSection 1013.3. Delete Exception #6.
Sec. 54.
I
11
@
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the 20091BC, IRC, IECC, IMC, IFGC
Originating Department:
Department of Permitting Services
Num ber: 26-09
Effective Date:
Sec. 55.
[Section 101.2. Add exception to read as follows: Energy conservation systems and
components in existing buildings, as defmed by the Maryland Building Rehabilitation
Code, undergoing repair, alteration or additions, and change of occupancy, shall be
permitted to comply with the Maryland Building Rehabilitation Code.]Section 1015.2.1.
Add the following exception: Exception 3. In buildings of Group R-2 four stories or less in
height above the grade plane that are served by two required exterior stairwavs connected
by an open-ended corridors in compliance with Section 1026,6. Exception 4 shall be
provided with remoteness between the near edge ofthe required landings that are separated
by a distance of at least one fourth the length of the maximum overall diagonal dimension
of the area served.
[AMENDMENTS TO THE 2006 INTERNATIONAL MECHANICAL CODE (!MC)
Section 101.1. Replace the parentheses and the phrase in the parentheses with
"Montgomery County, Maryland."] Section 10 18.1. Replace Exception 4 with the
following: A fIre resistance rating is not required for corridors within single-tenant Group
B occupancies.
[Section 101.2. Add exception to read as follows: Mechanical systems in existing
buildings, as defIned by the Maryland Building Rehabilitation Code, undergoing repair,
alterations, or additions, and change of occupancy shall be permitted to comply with the
International Existing Building Code,]Section 1020. Add a new section 1020.3 to read as
follows:
Section 1020.3. Fire Department Access to Floors. Not less than one exit stair which
serves all stories of the building shall be accessible by an internal corridor from the main
entrance of the building or the fIre department response location.
Sec. 56.
Sec. 57.
Sec. 58.
[Sections 106.4.3, 106.4.4, 106.5, and 109. De1ete.JSection 1027.1, Exception
1,
Item
1.1.
Add two sentences at the end of the item that read as follows:
The door to the exterior of the building shall be in direct sight of the point of the
termination of the exit. For the purposes of this section, the use of exit signs or other exit
markings shall not be considered as making the wav to the exterior "readily visible and
identifIab Ie".
Sec. 59.
[Section 306.3. After the first sentence add the following: Access to the attic opening shall be
provided by a permanent or pull-down stairway
in
all
new construction.
In
existing installations,
portable ladders shall be acceptable.]Chapter 11. Delete and replace with the Maryland
Accessibility Code.
[AMENDMENTS TO THE 2006 INTERNATIONAL FUEL GAS CODE (IFGC) Section
101.1, Replace the parentheses and the phrase in the parentheses with "Montgomery
County, Ma land."]Section 1405,13,2, Number the existing exception as #1 and add two
Sec. 60.
12
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Adoption of the 20091BC, IRC, IECC, IMC, IFGC
Originating Department:
Department of Permitting Services
Number: 26-09
Effective Date:
exceptions (#2 and #3) to read as follows:
Exception #2:
In
buildings four stories or less. the lowest part of the clear opening of the
window shall be permitted to be at a height not less than 18 inches (457mm) above the
finished floor surface of the room in which the window is located.
Exception #3:
In
buildings four stories or less, glazing between the floor and a height of 18
inches (457mm) shall be fixed or have openings through which a 4-inch (1 02mm) sphere
. cannot pass.
Sec. 61.
[Section 102.2.1. Delete and replace to read as follows:
As
an alternative to the provisions
of this code, fuel-gas piping systems, fuel-gas utilization equipment and related
accessories in existing buildings, as defmed by the Maryland Building Rehabilitation Code,
undergoing repair, alterations, or additions, and change of occupancy shall be permitted to
comply Viith the Maryland Building Rehabilitation Code. JTable 1607.1 Item 29 Roofs.
Modify the uniform live load value for "Ordinary flat, pitched and curved roofs" to 30
pounds per square foot. nonreducible.
[Sections 106.4.3, 106.4.4, 106.5, and 109. Delete.JAdd a new section as follows:
Section 1607.14. Fire Truck Loading. Structural members subject to fire truck loading
shall be designed for the concentrated loads applied by the vehicle to the structure as
described below:
The maximum fire truck operating weight is 85,000 pounds distributed in three axles
. spaced 19 feet 6 inches and 4 feet 6 inches apart. The transverse wheel distance is 8 feet 2
inches. The front axle weighs 23,000 pounds and rear axles weigh 31,000 pounds each.
men the ladder is up, the vehicle is raised and supported on four (4) outriggers spaced 10
feet apart along the length of the vehicle and 16 feet apart in the transverse direction.
Depending upon the position of the ladder, any pair of two front, side or rear outriggers
apply to the structure a force of 123,552 pounds (61,776 pounds per outrigger in
accordance with NFPA 1901, Chapter 20.21.4.2) and the remaining two outriggers applY a
force of zero (0) pounds. Outrigger pad dimensions are 2 feet 2 inches wide by 2 feet 6
inches long.
Sec. 63.
[Chapter 4. Delete all except Sections 401.2,402.6.1,412,41-3, and 414.JSection 1608.2.
After the title add the following sentence: "Design ground snow loads for Montgomery
County shall be not less than 30 pounds per square foot."
Sec. 62.
[AMENDMENTS TO THE 2006 INTERNATIONAL RESIDENTIAL CODE (IRC)
Section RIO 1.1. Replace the parentheses and the phrase in the parentheses with
"Montgomery County, Mary land.
"J
Section 1612.3. After the heading, delete the text and