WEEK

OF

FEBRUARY 28 MARCH 4, 2011

*To join or remove yourself from this mailing list, please email your request to Paul Karrer at pkarrer@ase.org.*

CODE ALERT BULLETIN

Brought to you by the Building Codes Assistance Project (BCAP) and its website The Online Code Environment & Advocacy Network (OCEAN) Welcome to the weekly Code Alert Bulletin designed to share information and support timely participation in state and local activities related to the adoption and implementation of building energy codes. This bulletin highlights immediate opportunities to influence state and local policy outcomes, indicates code status, and recommends contact for action. By promoting these opportunities among energy efficiency supporters, advocates can collectively increase their impact at legislative and regulatory proceedings at the state and local level. Feel free to forward this bulletin to others who support the advancement of building energy efficiency. If you are aware of activity should be on this bulletin, or would like to provide feedback, please contact Paul Karrer at (202) 530-4347 or pkarrer@ase.org. *And for the latest energy code news and BCAP activity,* follow us on Twitter, Facebook, and LinkedIn.

* NEWEST STATE ALERTS *

Alabama Board to Consider Residential and Commercial Energy Code Update Connecticut DPS Issues Final Draft Amendment to Adopt 2009 IECC Idaho Energy Code Ambassadors Project Takes Hold in State Code Infrastructure Illinois Bill Would Exempt Renovations from Residential Energy Code Indiana Updated Residential Energy Code Moves to Administrative Review Process Nevada REEEA Announces Four Free Energy Code Training Webinars March 9-10 North Carolina Energy Code Update Stalled by Rule Review Process Ohio JCARR Meeting March 7 to Consider 2009 IECC Commercial Proposal Pennsylvania Bill Introduced Would Significantly Alter Code Update Process South Dakota Voluntary Residential Code Bill Passes Legislature, Goes to Governor Virginia 2009 IECC and IRC Effective March 1 with One-Year Phase-In Period

* ONGOING STATE ALERTS *

Maine Energy Code Repeal Legislation Introduced Montana Senate Sends 5-Year Energy Code Payback Bill to House Nebraska 2009 IECC Adoption Bill to Go Before Full Chamber

New Mexico 2009 NMECC Effective: Training Begins, Enforcement Starts July 1 Utah Legislature Declines Amendment to Update Residential Energy Code

* GENERAL ALERTS *
ICC Re-engineers Code Councils; Deadlines Approach to Apply for New Action Committees

* CALENDAR * ***** ALABAMA

Alert Status: A subcommittee of the Alabama Residential and Energy Codes Board will meet March 9 to consider a residential energy code based on the 2009 IRC with strengthening amendments. Another committee approved a commercial code based on the 2009 IECC on January 25. The subcommittee recommendations will later be considered by the full Board, which is tasked with developing a mandatory statewide energy code, a first for Alabama. This direction comes from legislation passed in March 2010, requiring the code be at least as stringent as the 2006 IECC, but permitting the Board to pursue a stronger code. The state has previously adopted the Residential Energy Code for Alabama (RECA 2004) based on the 2000 IECC as a voluntary code for residential construction. Since December 2008, the 2006 IECC has been encouraged for private commercial construction. The Alabama Building Commission enforces ASHRAE Standard 90.1-2007 for all state building construction. More Information: BCAP Alabama Code News | SB 315 | ADECA Building Energy Efficiency | ADECA Building Energy Codes Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Maria Leonardi with SEEA [maria@seealliance.org] Top

CONNECTICUT
Alert Status: The Department of Public Safety has released its final draft of the 2011 Amendment to the 2005 State Building Code to adopt the 2009 IECC, along with the Summary of Comments-Responses received at a December 2010 hearing. The Draft 2011 Amendment must be submitted to the Office of the Attorney General for approval followed by the Legislative Regulation Review Committee. A tentative effective date is early summer 2011. The state had previously updated its energy code through the 2009 Amendment which adopted the 2006 IECC on August 1, 2009. More Information: BCAP Connecticut Code News | 2011 Amendment Final Draft | Summary of Comments-Responses Public Act 09-192 Action: If interested in getting involved, please contact Carolyn Sarno with NEEP [csarno@neep.org] Top

IDAHO
Alert Status: The Energy Codes Ambassadors Project (ECAP) is becoming a part of the regular infrastructure in Idaho. The Idaho Ambassadors hold sessions at regional energy conferences and code meetings in the state. The Idaho ECAP members will be holding their next meeting on March 15 to discuss their plans for the upcoming year. The ECAP members have also secured funding for an outreach program, training, and providing

scholarships for 20 more ICC Ambassadors to be trained and certified across the state. They are also planning on creating an energy code forum on Idahos website to provide state wide code interpretations. This funding could help extend the ECAP program throughout the state and even help spur other states to adopt the program. ECAP aims to train ICC chapter members in states to act as peer-to-peer mentors to assist in spreading greater knowledge of the energy codes and their enforcement. This is a partnership program between BCAP and the ICC to help better enforcement the model energy codes in order to meet 90% compliance by 2017 and will take place in multiple states. More Information: Energy Code Ambassadors Project | ECAP Update Action: If interested in getting involved, please contact Mike DeWein with BCAP [mdewein@ase.org] and Dave Karmol with ICC [dkarmol@iccsafe.org] Top

ILLINOIS
Alert Status: On February 15, a bill (HB 1612) was introduced in the Illinois General Assembly that would exempt residential alterations, renovations, and additions from needing to comply with the Illinois Energy Conservation Code (based on the 2009 IECC), significantly reducing the energy savings potential of the code. It would also add confusion to enforcement of the code by identifying the undefined term of energy inspectors as responsible for enforcing the energy efficiency provisions. The bill was assigned to the House Executive Committee on February 22. No hearing had been scheduled as of March 3. More Information: BCAP Illinois Code News | HB 1612: Home & Text | Capital Development Board Action: If interested in getting involved, please contact Isaac Elnecave with MEEA [ielnecave@mwalliance.org] or Monica Schneider with BCAP [mschneider@ase.org] Top

INDIANA (RES)
Alert Status: The Indiana Office of Management and Budget (OMB) has approved the adoption of a proposed residential energy code in Indiana consisting of the 2009 IRC with amendments to make it equivalent to the 2009 IECC. Developed by the Residential Code Review Committee in 2010, the code will now proceed through the states administrative rule review process. Observers estimate the code could be effective in September or October 2011. The state previously updated its commercial code incorporating ASHRAE Standard 90.12007, effective May 6, 2010. More Information: BCAP Indiana Code News | Indiana Fire Prevention and Building Safety Commission | 2010 Residential Code Review Committee | Summary of Proposed Code Changes | DOE IRC Ch. 11 Amendments Action: If interested in getting involved, please contact Isaac Elnecave of MEEA [ielnecave@mwalliance.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

NEVADA
Alert Status: The Nevada Renewable Energy and Energy Efficiency Authority (REEEA) will be hosting four free energy code training webinars on March 9 and 10. As required under NRS 701.220, the statewide adoption and implementation of the 2009 IECC will begin soon. Training topics include: Major Changes Between the 2006 IECC and the 2009 IECC

Major Differences Between 2007 ASHRAE 90.1 and the 2009 IECC Complex HVAC Requirements Best Practice Day Lighting and Control Systems All training sessions last for one hour, and times noted are Pacific Standard Time. Noted codes instructor Ken Baker, President of K energy, is conducting each session. For additional information or for assistance with registration, call Jess or Teri at 775-329-4611. More Information: BCAP Nevada Code News | REEEA | NRS 701.220 Action: If interested in getting involved, please contact Monica Brett with SWEEP [mbrett@swenergy.org] or Jim Meyers with SWEEP [jmeyers@swenergy.org] Top

NORTH CAROLINA
Alert Status: On February 17, the North Carolina Rules Review Commission objected to three provisions of an energy code update approved by the North Carolina Building Code Council (NCBCC) in December. Along with the Commission receiving 43 petitions appealing the Code Councils actions, the rule will be forwarded to the North Carolina General Assembly for legislative review. The proposed 2012 North Carolina State Building Codes would have achieved significant energy savings beyond the current 2009 North Carolina Energy Conservation Code (NCECC), which is based on the 2006 IECC and has been effective since 2009. More Information: BCAP North Carolina Code News | 2012 North Carolina State Building Codes | NCBCC Home Action: If interested in getting involved, please contact Maria Leonardi with SEEA [maria@seealliance.org] or Eric Lacey with RECA [eric@reca-codes.com] Top

OHIO
Alert Status: On January 21, the Ohio Board of Building Standards (BBS) approved a set of amendments (Group LXXXIII) to update the states construction codes. Part D would update the Ohio Building Code (OBC) to incorporate the 2009 International Building Code (IBC), including its references to the 2009 IECC and ASHRAE 90.1-2007 as compliances paths for energy efficiency for non-residential buildings (see page D-622, rule number 4101:1-1301). The OBC currently references the 2006 IBC. The Ohio legislatures Joint Committee on Agency Rule Review (JCARR) will meet March 7 for final consideration of the proposed rules (see items 14-21). More Information: BCAP Ohio Code News | JCARR Meeting Agenda | BBS | Amendment Group LXXXIII, Part D Action: If interested in getting involved, please contact Isaac Elnecave with MEEA [ielnecave@mwalliance.org] or Monica Schneider with BCAP [mschneider@ase.org] Top

PENNSYLVANIA
Alert Status: On February 16, a bill (HB 725, based on a previous memorandum and with the support of the Pennsylvania Builders Association) was introduced in the Pennsylvania General Assembly that would significantly alter and rollback the states energy code update process. As of February 24, the bill was assigned to the House Labor and Industry Committee. Specifically, the legislation would amend the Uniform Construction Code Act of 1999 that requires the Department of Labor and Industry (DLI) to adopt the latest triennial International Codes Council (ICC) family of building codes including the IECC by

December 31 of the year they are issued (the 2009 ICC codes became effective on December 31, 2009). Expected provisions of this legislation would include: Adding several new homebuilder members to the Uniform Construction Code (UCC) Review and Advisory Council; Eliminating the automatic adoption of new ICC editions every three years; and

Stripping the Council of its authority to approve new codes, allowing it only to report to the Secretary of Labor and Industry, who then would determine if changes in the UCC should be proposed as a regulation to be adopted after full regulatory review. The UCC has been subject to rollback attempts before. In 2010, the Commonwealth Court of Pennsylvania dismissed a case in which the Pennsylvania Builders Association challenged the constitutionality of the 2009 UCC and its implementation. More Information: BCAP Pennsylvania Code News | HB 725: Home & Text | Oberlander Memo | PBA Challenge Court Decision Action: If interested in getting involved, please contact Josh Young with American Chemistry Council [josh_young@americanchemistry.com] Top

SOUTH DAKOTA
Alert Status: On January 24, a bill (SB 94) was introduced in the South Dakota Legislature that would adopt the 2009 IECC as a voluntary energy standard for new residential construction (the current 2006 IECC voluntary standard was passed in 2009). The bill would also accordingly update the states required disclosure form for prospective homebuyers regarding information about the energy efficiency of the new residential building. On January 31, the bill passed the Senate unanimously. The House approved SB 94 on February 28, which will now go to the desk of Gov. Dennis Daugaard for his signature or veto. More Information: BCAP South Dakota Code News | SB 94: Home & Text (enrolled) | 2006 IECC Voluntary Standard Action: If interested in getting involved, please contact Paul Karrer with BCAP [pkarrer@ase.org] Top

VIRGINIA
Alert Status: On March 1, 2011, the Virginia Uniform Statewide Building Code (USBC) update to reference the 2009 IECC and 2009 IRC became effective statewide (it currently references the 2006 versions of these codes). There will be a one-year phase-in period during which builders and designers can still use the current USBC version. Two-day energy code training is planned for 2011 in eight locations for 1,600 code enforcement officials, and similar training is planned for 2012 for 1,600 code enforcers, designers, builders and contractors. Compliance studies will be developed for late 2011 and early 2012. The Virginia Board of Housing and Community Development originally approved the code update in July 2010. The compilation document for the 2009 Code Change Cycle is available online. More Information: BCAP Virginia Code News | 2009 USBC, Part I | USBC Compilation Document | VA BHCD Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Eric Lacey with RECA [eric.lacey@bbrslaw.com] Top

*****

MAINE
Alert Status: On January 11, a bill (HP 36 LD 43) was introduced in the Maine Legislature that would repeal the Maine Uniform Building and Energy Code (MUBEC). As of February 10, a hearing on the bill had not been scheduled before the House Committee on Labor, Commerce, Research and Economic Development on January 25. Other legislation has been introduced to delay, modify, or alter the application of the MUBEC. After the legislative establishment of the MUBEC in April 2008 by LD 2257 (enacted as P.L. 699), the Bureau of Building Codes and Standards (within the Department of Public Safety) issued regulations setting the 2009 IECC and ASHRAE 90.1-2007 as the mandatory energy standards for residential, commercial, and public buildings statewide. The MUBEC became effective June 1, 2010, although there was a six-month transition period during which towns may still enforce their previous codes. Among the new rules: Towns with a population of 2,000 that had a building code on August 1, 2008 were required to begin enforcing the code December 1, 2010. Towns with a population of 2,000 that did not have a building code on August 1, 2008 will be required to begin enforcing the code December 1, 2012. Towns with a population under 2,000 are not required to enforce the code. The MUBEC replaces all local municipal building codes. Cities and towns may not amend any MUBEC provisions, even to make it more stringent.

Enforcement is the responsibility of local jurisdictions. Municipalities without a CEO certified by the State Planning Office may authorize a Third-party Inspector to conduct compliance inspections and prepare a report to be given to the municipal CEO as an application for the Certificate of Occupancy. More Information: BCAP Maine Code News | HP 36 LD 43: Home & Text | Bureau of Building Codes and Standards | MUBEC FAQs | SPO Code Enforcement & Training | P.L. 699 Action: If interested in getting involved, please contact Monica Schneider with BCAP [mschneider@ase.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

MONTANA
Alert Status: On January 12, a bill (SB 159) was introduced in the Montana Legislature that would affect future updates to the state energy code (currently based on the 2009 IECC). The bill would require the Department of Labor and Industry (DLI) to demonstrate a fiveyear payback period for the added incremental costs (relative to the 2009 IECC) of constructing a home to proposed code updates in the future. The bill passed the state Senate on February 1 and was transmitted to the House. It is scheduled for a hearing on March 3 before the House Business and Labor Committee. More Information: BCAP Montana Code News | SB 159: Home & Text | ARM Title 24 Action: If interested in getting involved, please contact David Cohan with NEEA [dcohan@neea.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

NEBRASKA
Alert Status: A bill (LB 329) has been introduced in the Nebraska Unicameral that would update the Nebraska Energy Code from the 2003 IECC to the 2009 IECC and contains technical cleanup language. The bill came before the Urban Affairs Committee February 15 and was approved unanimously on February 25. It will now go before the entire chamber. The Nebraska Energy Office (NEO) announced a schedule of free training opportunities for the building community. Some sessions are now full, so sign up today to reserve a spot and/or be placed on a waiting list.

Four free training opportunities scheduled for February 22-23 and March 16-17. The workshops will be presented by the International Code Council and will focus on critical concepts of the 2009 IECC highlighting essential code components for designing energy-efficient structures for all members of Nebraskas construction industry.

Two workshops on May 5-6 presented by Joe Lstiburek of the Building Science Corporation that will focus on advanced building science topics. More Information: BCAP Nebraska Code News | LB 329: Home & Text | NEO Training Info Action: If interested in getting involved, please contact Paul Karrer with BCAP [pkarrer@ase.org] Top

NEW MEXICO
Alert Status: Per its publication in the February 14 New Mexico Public Register, the 2009 New Mexico Energy Conservation Code (NMECC) became effective January 28, though the Construction Industries Division (CID) will not fully enforce the code until July 1, as part of its original intent for a six-month transition period where either the new code or the previous code could be used through June 30. The code was previously the subject of a regulatory freeze by Gov. Susana Martinez and a lawsuit by Sierra Club. On February 1, the Sierra Club agreed to drop its lawsuit against the administration in exchange for her agreeing to publish rules updating 13 state building codes, including the 2009 NMECC. The NMECC contains amendments that would make it approximately 20% more stringent than the 2006 IECC. A statewide training contract for the NMECC has been awarded to the Building and Fire Code Academy (BFCA), which is offering an extensive training course schedule. More Information: BCAP New Mexico Code News | CID | BFCA | NMECC Course Schedule Action: If interested in getting involved, please contact Jim Meyers with SWEEP [jmeyers@swenergy.org] or Monica Schneider with BCAP [mschneider@ase.org] Top

UTAH
Alert Status: On February 3, the Utah House declined to amend a construction codes bill (HB 203) to adopt the 2009 IECC for residential dwellings. On February 10, the Utah Senate Business and Labor Committee also chose not to amend the bill. The panel did, however, resolve to study the issue more closely during the upcoming interim legislative session from April to October. During the previous interim session, the Legislature chose not to follow the October 2010 recommendation of the Utah Uniform Building Code Commission to adopt a modified version of the 2009 IECC for new homes and major residential renovations, keeping Utahs energy conservation code for one- and two-family dwellings at the 2006 IECC. The state updated its non-residential code to the 2009 IECC after the passage of the State Construction Code Adoption Act, effective July 1, 2010. More Information: BCAP Utah Code News | Recent Media Coverage: SL Tribune Editorial | SL Tribune LTE | KSLTV Action: If interested in getting involved, please contact Kevin Emerson with Utah Clean Energy [Kevin@utahcleanenergy.org] or Jim Meyers with SWEEP [jmeyers@swenergy.org] Top

***** INTERNATIONAL CODE COUNCIL

Alert Status: The International Code Council Board has revised Council Policy #31 to expand its Code Action Committee (CAC) structure to establish a comprehensive approach to single-discipline commentary regarding changes to the I-Codes. The ICC Board expects this change to increase the quality of code change proposals, resulting in a more comprehensive approach to improving a code. CACs will deal with complex, technical issues ahead of the code development process to identify emerging issues or draft proposed code changes of importance to the ICC Membership. A Call for Committees has been issued by the Code Council, and some deadlines are approaching. Interested applicants can view more details and access the application form at www.iccsafe.org/cc. Among the most pertinent changes: Set up a new super committee known as the Codes and Standards Council; Set up four Code Action Committees (that will develop proposals), one of which will be called the Sustainability, Energy & High Performance Building Code Action Committee (SEHPCAC), which will focus on IECC, IRC Energy Chapter 11, and IGCC; and

All current Code Development Committee members will need to reapply. More Information: BCAP ICC Code News | ICC Codes and Councils Homepage Action: If interested in getting involved, please contact Bill Fay with EECC [bfay@ase.org] Top

EVENTS, HEARINGS,

AND

***** COMMENT DEADLINES

Tues, Mar 1: Virginia Uniform State Building Code (2009 IECC) effective with one year phase-in period Mon, Mar 7: Ohio JCARR meeting to consider 2009 IECC commercial code proposal Wed, Mar 9: Michigan 2009 Michigan Uniform Energy Code (2009 IECC) effective Wed, Mar 9: Nevada Free REEEA Energy Code Training Webinars Thur, Mar 10: Nevada Free REEEA Energy Code Training Webinars Fri, Apr 1: Texas 2011 Texas BEPS (2009 IECC) for non-residential buildings effective Top

BCAP Events Calendar

*****
Building Codes Assistance Project 1850 M Street NW | Suite 600 | Washington, DC 20036 (202) 530-4347 | Contact BCAP