WEEK

OF

MAY 30 JUNE 3, 2011

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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 levels. Feel free to forward this bulletin to others who support the advancement of building energy efficiency. If you are aware of activity that 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 *

Kentucky 2009 IECC Residential Proposal Approved; 2009 IECC Commercial Enforcement Begins June 1 Vermont Legislature Reviews Residential Code Update Rule

* ONGOING STATE ALERTS *

Florida Glitch Meeting June 7; Code Effective December 31 Hawaii 2009 IECC Subcommittee Releases Final Proposed Revisions (UPDATED) Maine Energy Code Rollback Bill Awaits Committee Report Michigan Bill Introduced to Hinder Future Code Updates New Mexico Rollback to Base 2009 IECC Proposed; Submit Public Comments by June 1 Ohio RCAC Approves 2009 IECC Residential Alternative Code Oregon1 2011 Residential Code Update Effective July 1 Oregon2 Commercial Reach Code Public Comment Hearing June 21

* GENERAL ALERTS *
ICC Board Approves Changes to IECC, IRC Code Development Processes

ASHRAE Standard 90.1-2010 Preview Document Available DOE Energy Codes 2011 July 25-28 in Salt Lake City, Utah

KENTUCKY

* CALENDAR * *****

Alert Status: On May 19, the Board of the Department of Housing, Buildings and Construction approved a proposal to update the 2007 Kentucky Residential Code (KRC), whose 2nd edition is currently based on the 2006 IRC, to reference the 2009 IECC. The proposal included one weakening amendment: basement insulation will only be required from the top of the wall to below the frost line. The proposal must still endure the regulatory rulemaking process and legislative committee review, but observers anticipate an effective date of April 2012 and mandatory enforcement beginning October 2012. The 2007 Kentucky Building Code (KBC), while still based on the 2006 IBC, was previously revised for its 9th edition to reference the 2009 IECC as the energy code for the nonresidential buildings covered by the KBC. The updated KBC became effective March 6, 2011, with compliance mandatory starting June 1, 2011. More Information: BCAP Kentucky Code News | KBHBC | 2007 KBC, 9th Ed. (2011) | 2007 KRC, 2nd Ed. (2011) | BCAP KY CPA Report Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Maria Leonardi with SEEA [maria@seealliance.org] Top

VERMONT
Alert Status: As directed by Vermont Act 45 of 2009, the Department of Public Service (DPS) has been working to update the 2011 Vermont Residential Building Energy Standards (RBES) to reference the 2009 IECC with several strengthening amendments (the 2005 RBES currently is based on the 2000 IECC). After approval by DPS in January, the rule was heard June 2 before the Vermont Legislative Committee on Administrative Rules (LCAR). If approved, the code would become effective within a 90-day window, expected sometime around September 1. DPS is also currently updating the 2011 Vermont Commercial Building Energy Standards (CBES) to reference the 2009 IECC and ASHRAE Standard 90.1-2007 with several strengthening amendments from the 2012 IECC. More Information: BCAP Vermont Code News | LCAR Hearing | Proposed Rules: CBES & RBES | DPS Home | Vermont Act 45 Action: If interested in getting involved, please contact Carolyn Sarno with NEEP [csarno@neep.org] Top

***** FLORIDA
Alert Status: As part of the update, the Florida Building Commission has released an updated timeline for the 2010 Florida Building Code adoption process as it moves into the Glitch Cycle. The Commission has moved to revise the Florida Energy Efficiency Conservation Code to use more elements of the 2009 IECC as a foundation along with provisions of previous FBC editions. The proposed Florida-adjusted 2009 IECC is available here. More information on the FBC update process is available here.

The Commission will hold a rule adoption hearing on June 7 to fix any technical glitches in the draft 2010 FBC. Codebooks will be available by October 1. The anticipated effective date is December 31, 2011. More Information: BCAP Florida Code News | 2010 Florida Energy Code Draft | 2010 FBC Code Adoption Schedule Action: If interested in getting involved, please contact Eric Lacey with RECA [eric@recacodes.com] or Brian Sernulka with BCAP [bsernulka@ase.org] Top

HAWAII
Alert Status: The 2009 IECC subcommittee of the Hawaii Department of Business, Economic Development and Tourism is progressing towards completion of a state-specific model energy code. The subcommittee has released its final proposal of revisions (UPDATED May 8) to the 2006 IECC (to bring it above the 2009 IECC). It hopes to submit a code for approval by the Hawaii Building Council in May. The approved code would then have to be drafted in legislation in each of the states four county councils. More Information: BCAP Hawaii Code News | Proposed 2009 IECC Revisions (UPDATED May 8) Action: If interested in getting involved, please contact Paul Karrer with BCAP [pkarrer@ase.org] Top

MAINE
Alert Status: A bill (LD 1416) addressing the Maine Uniform Building and Energy Code (MUBEC) was debated before the Committee on State and Local Government on May 6. It would return the power of adopting building codes to municipalities, shrinking the statewide application of the MUBEC. The committee vote has not yet been finalized but a divided deport is anticipated. If committee members disagree on a recommended action, multiple reports are submitted for the Legislature to consider. Other bills pertaining to the MUBEC this session include: LD 1442 would clarify enforcement of the MUBEC and reaffirm its position as the statewide construction code. On May 17, the House and Senate adopted a May 12 majority committee report that it ought not to pass. LD 43 would repeal the Maine Uniform Building and Energy Code (MUBEC). A House committee voted on May 20 that the bill ought not to pass. After the legislative establishment of the MUBEC in April 2008, 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. Read more about the rules here. More Information: BCAP Maine Code News | Legislation: LD 43, LD 1416, LD 1442 | Bureau of Building Codes and Standards | MUBEC FAQs | SPO Code Enforcement & Training | P.L. 699 | 2009 MUBEC News Archive Action: If interested in getting involved, please contact Carolyn Sarno with NEEP [csarno@neep.org] Top

MICHIGAN
Alert Status: Legislation introduced April 15 could significantly hinder future updates of the Michigan Uniform Energy Code (MUEC). The bill (HB 4561) would extend the time between code update review cycles by the Department of Energy, Labor & Economic Growth (DELEG) Bureau of Construction Codes from three to six years. It would also strike a

provision in current state law that allows the code to incorporate the provisions of a code, standard or other material by reference. As of April 21, the bill had been referred to the Committee on Regulatory Reform. The 2009 MUEC (based on the 2009 IECC with Michigan amendments and ASHRAE Standard 90.1-2007) became effective March 9. More Information: BCAP Michigan Code News | HB 4561: Home & Text | 2009 MUEC: Residential & Commercial | Bureau of Construction Codes Action: If interested in getting involved, please contact Isaac Elnecave of MEEA [ielnecave@mwalliance.org] Top

NEW MEXICO
Alert Status: On April 22, the Construction Industries Division initially approved proposed changes to the 2009 New Mexico Energy Conservation Code (NMECC) and other construction codes that would revert the code back to the base 2009 IECC. Currently, the NMECC contains strengthening amendments to the 2009 IECC that achieve greater energy savings, roughly 20% beyond the 2006 IECC. It has previously been subject to rollback attempts and a lawsuit. The state has spent the past several months conducting activities to implement the code, including ongoing training in 14 cities as well as providing free codebooks through PNNL and ICC. The code will be fully enforced statewide beginning on July 1. As required by statute, CID held public comment hearings on the proposed changes in four locations (Roswell, Las Cruces, Farmington, and Albuquerque) on June 2. More Information: BCAP New Mexico Code News | June 2 Hearings Information | CID | 2009 NMECC News Archive Action: If interested in getting involved, please contact Tammy Fiebelkorn with SWEEP [tfiebelkorn@swenergy.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

OHIO
Alert Status: On May 11, the Residential Codes Advisory Committee (RCAC) gave final approval to the OHBA Residential Alternative Energy Code as an alternative compliance path to the standard 2009 IECC compliance paths set to be in the next edition of the Ohio Residential Code (ORC). While containing several amendments to the base model code, some advocates believe the proposal will achieve energy savings equivalent to the 2009 IECC and at a cost less than that of the 2006 IECC in some parts of the state. An RCAC energy subcommittee initially approved the proposal on March 22, and the OHBA and MEEA worked to convert the proposal into actual code language. Next steps would include approval by the Ohio Board of Building Standards (BBS), approval of that recommendation by the Ohio legislatures Joint Committee on Agency Rule Review (JCARR), and administrative review procedures before any code update would be effective. Ohio also updated its commercial code in March 2011 by amending the Ohio Building Code (OBC) to reference the 2009 IECC and ASHRAE 90.1-2007. An effective date is expected in September 2011. More Information: BCAP Ohio Code News | RCAC | BBS | JCARR Action: If interested in getting involved, please contact Isaac Elnecave with MEEA [ielnecave@mwalliance.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

OREGON1

Alert Status: The Oregon Building Codes Division (BCD) has issued a rulemaking notice updating the states residential code to the 2011 Oregon Residential Specialty Code (ORSC). The energy efficiency section (Chapter 11) updates Chapter 4 of the 2010 Oregon Energy Efficiency Specialty Code (OEESC) approved last year. It is intended to achieve 1015% greater energy savings than the 2008 ORSC, as directed in 2009 by SB 79. The new code will take effect July 1, 2011, although there will be a 90-day transition period when 2008 ORSC may still be used. Oregon previously updated its commercial code in July 2010 and has been developing optional reach codes for energy efficiency. More Information: BCAP Oregon Code News | ORSC Notice | Codes Directory | OEESC | Oregon SB 79 | Oregon BCD Action: If interested in getting involved, please contact David Cohan with NEEA [dcohan@neea.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

OREGON2
Alert Status: The Oregon Building Codes Division (BCD) has announced a public comment hearing June 21 on a draft 2011 Oregon Commercial Reach Code (written comments are due June 24). As directed by SB 79, the optional reach code will encompass construction methods and technology designed to increase energy efficiency over the mandatory codes for builders that choose to incorporate them. The Oregon Commercial Reach Code incorporates energy-related provisions of the 2012 International Green Construction Code (IGCC) Version 2.0 with significant Oregon amendments. BCD intends the commercial code to be available for use July 1, 2011.The Oregon Residential Reach Code is currently under development. More Information: BCAP Oregon Code News | Hearing Notice | Reach Code Committee | Draft Commercial Reach Code | Code Change Matrix | Residential Provisions | Oregon SB 79 | Oregon BCD Action: If interested in getting involved, please contact David Cohan with NEEA [dcohan@neea.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

***** IECC/IRC UPDATE PROCESS

Alert Status: In May, the International Code Council Board approved changes to the code development processes for the International Energy Conservation Code (IECC) and the International Residential Code (IRC), effective with the 2012/2013 Code Development Cycle. The IECC will include separate and comprehensive provisions for commercial buildings and low-rise residential buildings as defined in the code. The current IECC Committee will be assigned responsibility for commercial energy provisions and restructured as the Commercial Energy Code Development Committee. A new Residential Energy Code Development Committee will be created with responsibility for all residential energy provisions in the both the IECC and the IRC. The ICC is now scheduled to publish the 2012 editions of its International Codes series, including the 2012 IECC, in early June 2011. More Information: BCAP ICC Code News | ICC Press Release | 2012/2013 CDH Information Top

ASHRAE 90.1-2010

Alert Status: ASHRAE has released a preview version of Standard 90.1-2010. You may view (but not download or print) the entire codebook here (some users may need to download a Java plug-in). Published in November, the 2010 version of ASHRAE Standard 90.1 can achieve more than 30 percent energy savings compared to the2004 standard, according to an announcement made today by ASHRAE at its 2011 Winter Conference. The determination was the results of an analysis by Pacific Northwest National Laboratories in support of the DOE Building Energy Codes Program. Without plug loads, site energy savings are 32.6 percent and energy cost savings 30.1 percent. Including plug loads, the site energy savings are estimated at 25.5 percent and energy cost savings 24 percent. For more details, view the ASHRAE press release on Standard 90.1-2010. More Information: BCAP News Article | 90.1-2010 Preview | ASHRAE Press Release Top

ENERGY CODES 2011

Alert Status: DOEs annual conference Energy Codes 2011 will take place in Salt Lake City, Utah from July 25 to 28. It will provide hands-on training designed to assist stakeholders in complying with the Recovery Act target energy codes. Policy and Technical learning tracks will cover topics spanning code adoption through compliance. Key topics will also be explored, such as the future of energy codes, results from the 90% code compliance pilot studies, green codes, a discussion of best practices states put into action as they push beyond the target codes, and updates from DOE's Building Energy Codes Program to help you achieve greater success in advancing building energy codes within your own profession. More Information: DOE Energy Codes 2011 Homepage | Registration (coming soon) | Agenda (coming soon) Top

EVENTS, HEARINGS,

AND

***** COMMENT DEADLINES

Wed, Jun 1: Kentucky Mandatory enforcement of 2007 KBC (9th Ed.) Thur, Jun 2: New Mexico CID hearings on NMECC rollback amendments in four locations Tues, Jun 7: Florida 2010 FBC Glitch Cycle meeting Fri, Jul 1: Oregon 2011 Oregon Residential Specialty Code (state-based code) effective Fri, Jul 1: Oregon 2011 Oregon Commercial Reach Code (2012 IGCC v2.0based) available for use Mon-Thur, Jul 25-28: DOE Energy Codes 2011 Annual codes conference in Salt Lake City, UT Wed, Sept 1: Ohio Updated Ohio Building Code (2009 IECC/90.1-2007) effective date, subject to change Tues, Sept 6: Nebraska Tentative effective date of updated Nebraska Energy Code (2009 IECC) Wed-Sun, Nov 2-6: ICC 2012 IGCC Final Action Hearings in Phoenix, AZ Sat, Dec 31: Florida Anticipated effective date of 2010 Florida Building Code (2009 IECC/ state-based)

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BCAP Events Calendar

*****
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