WEEK OF DECEMBER 12 16, 2011 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. Please 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. For the latest energy code news and BCAP activity, follow us on Twitter, Facebook, and LinkedIn.

* CODE RESOURCES & EVENTS *

ECAP Alabama Energy Code Ambassadors Program to Expand in 2012

* NEW STATE ALERTS *

Arkansas Energy Office Proposes 90.1-2007 Commercial Code Update District of Columbia Codes Board Approves 2012 IECC; Update Expected In 2013 South Carolina Council to Recommend 2009 IECC Adoption to Legislative Committee

* ONGOING STATE ALERTS *

Alabama Jan. 12 Hearing and Vote on States First Mandatory Energy Code Delaware Stakeholders Launch State Energy Code Collaborative Louisiana Non-Residential Code Updated to ASHRAE 90.1-2007, 2009 IECC Maryland State First to Adopt 2012 IECC, Effective Jan. 1 Michigan House Passes Bill to Lengthen Code Update Cycle Vermont 2009 IECC and ASHRAE 90.1-2007 Commercial Code Effective Jan. 3

* CALENDAR * ***** CODE AMBASSADORS

Alert Status: As Alabama looks to adopt its first mandatory statewide energy code in 2012, several stakeholder groups also look forward to expanding the Alabama Energy Codes Ambassadors Program (ECAP). Through an additional grant, PNNL has provided funds for travel expenses for ECAP trainees through April 2012. ECAP was established to train code officials who can provide technical assistance and training to code officials in other local jurisdictions. The program aims to train code officials to act as peer-to-peer mentors to assist in spreading greater knowledge of the energy codes and their enforcement. ECAP began as a partnership program between BCAP and the ICC to help better enforcement the model energy codes in order to meet 90% compliance by 2017. It has already been established in multiple states. Southface Energy Institute has developed a presentation specifically based on the Alabama Residential and Energy Code (AERC) and specifically for code officials. With this presentation, as well as the ECAP training, materials, and resources developed in part by Mike DeWein of BCAP, the prospective Code Ambassadors will be well-equipped to guide their fellow code officials through the adoption and implementation of the new code. More Information: Alabama ECAP Update | ECAP Homepage on OCEAN | ECAP News Archive Action: If interested in getting involved, please contact Mike DeWein with BCAP [mdewein@ase.org] or Brian Sernulka with BCAP [bsernulka@ase.org] Top

***** ARKANSAS
Alert Status: The Arkansas Energy Office (AEO) has proposed updating the states commercial energy code. The proposed amendments would rename the 2004 Arkansas Energy Code as the Arkansas Energy Code for New Building Construction and update its commercial provisions to reference ASHRAE Standard 90.1-2007 and Chapter 5 of the 2009 IECC (the current edition is based on the 2003 IECC and ASHRAE 90.1-2001). AEO has also partnered with the state chapter of the USGBC to provide four training sessions on the new commercial code in 2012 ahead of the target implementation date of January 2013. Arkansas has already begun taking several actions to improve the states energy code policies similar to recommendations developed by BCAP in the states Gap Analysis Report. In March 2011, the state legislature created a regulatory update process by authorizing AEO to promulgate rules to update the states energy codes. As directed by the state legislature, AEO began implementing the Rules for Sustainable Energy-Efficient Public Buildings on January 1, 2011. The rules are based on ASHRAE Standard 90.1-2007 with strengthening amendments that achieve energy savings 10% beyond the base code. More Information: BCAP Arkansas Code News | AEO | Proposed Amendment Text | 2004 AR Energy Code | BCAP CPA Report | Rules for Sustainable Energy-Efficient Public Buildings Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Jenah Zweig with SEEA [Jenah@seealliance.org] Top

DISTRICT OF COLUMBIA
Code Update: On December 16, the District of Columbias Construction Codes Coordinating Board (CCCB) voted in favor of adopting the 2012 IECC. The current 2008 D.C. Construction Codes are based on ASHRAE 90.1-2007 and the 2006 IECC with strengthening amendments from the original iteration of the 30% Solution. Implementation is expected in late 2013 pending administrative review and legislative processes to officially enact the code update. More Information: BCAP D.C. Code News | DC CCCB | 2008 DC Construction Codes Action: For more information, please contact Paul Karrer with BCAP [pkarrer@ase.org] or Cliff Majersik with IMT [cliff@imt.org] Top

SOUTH CAROLINA

Alert Status: On November 28, the Energy Advisory Council (EAC) of the South Carolina Public Utility Review Committee (PURC) voted unanimously to recommend adoption of the 2009 IECC. Should the full PURC concur, it will recommend that the Public Utility Review Committee of the South Carolina Legislature update the current code (referencing the 2006 IECC) in early 2012 with a planned effective date for January 1, 2013. The South Carolina Home Builders Association has tentatively identified a legislative sponsor. The South Carolina Building Code Council has also begun to review of the 2012 family of I-codes. Recent investigation and analysis by Mathis Consulting Company for the 2012 IECC for South Carolina showed cost effective and significant energy and peak power benefits to the state. BCAP also recently completed its South Carolina Strategic Compliance Plan as part of its Compliance Planning Assistance (CPA) Program. More Information: BCAP South Carolina Code News | PURC | SC Compliance Plan | Mathis 2012 IECC Cost Study Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Jenah Zweig with SEEA [Jenah@seealliance.org] Top

***** ALABAMA
Alert Status: The Alabama Residential and Energy Code (AERC) has been published in the November 30 issue of the state administrative journal. The AERC Board has scheduled a public hearing and vote on January 12 to give final approval for a proposal for Alabamas first mandatory statewide energy code. If approved, the Board has tentatively set a June 1, 2012 effective date for enforcement. As proposed, the commercial code would be based on the 2009 IECC. The residential code would be based on Chapter 11 of the 2009 IRC with amendments that include: - Deleting the section for protection of exposed foundation insulation - Adding a section stating that local jurisdiction above code programs must be approved by the AERC Board - Making the certificate stating the insulation R-values, U-factors and SHGC for fenestration voluntary instead of mandatory - Substituting the insulation and fenestration Requirements from the 2009 IECC, which are slightly more stringent - The section for slab-on-grade floor insulation was deleted. - The requirement for programmable thermostats was deleted. - The requirement for R-8 duct insulation was delayed until July 1, 2013 - Duct Leakage testing is not required until July 1, 2013 Legislation passed in March 2010 created the AERC Board with the authority to adopt mandatory residential and commercial energy codes for the entire state and residential building codes for jurisdictions that had not implemented a residential building code prior to March 2010. 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. The Alabama Energy Code Ambassadors Program (ECAP) will also expand in 2012. More Information: BCAP Alabama Code News | Rule 305-2-4 | SB 315 | ADECA Building Energy Efficiency | ADECA Building Energy Codes Action: If interested in getting involved, please contact Jenah Zweig with SEEA [Jenah@seealliance.org] or Brian Sernulka with BCAP [bsernulka@ase.org] Top

DELAWARE

Alert Status: As a direct result of BCAPs DOE-funded Compliance Planning Assistance (CPA) Program, the Delaware Division of Energy and Climate (DE&C) convened the first meeting of the Delaware Energy Code Coalition on November 10. Made up of a diverse group of state and local stakeholders, the Coalition will be responsible for advising DE&C on energy code implementation, infrastructure, and updates, as well as carrying out the tasks necessary to ensure greater compliance with the energy code. The coalitions formation was one of the major recommendations developed by BCAP in its Delaware Gap Analysis Report. More Information: BCAP Delaware Code News | CPA Home | Delaware CPA Page | Gap Analysis Report Action: If interested in getting involved, please contact Eric Plunkett with BCAP [eplunkett@ase.org] Top

LOUISIANA
Alert Status: Plans and specifications for all construction under the purview of the Office of the State Fire Marshal (OSFM) or the State Office of Facility Planning and Control must comply with the revised Commercial Building Energy Conservation Code (CBECC). Effective July 20, 2011, ASHRAE Standard 90.1-2007 applies to all private commercial buildings built or remodeled as well as all state-owned construction. Multifamily residential construction must comply with the 2009 IECC. All private low-rise residential construction is covered by the Louisiana State Uniform Construction Code (LSUCC), based on Chapter 11 of the 2006 IRC since January 1, 2011. It is developed by the Louisiana State Uniform Construction Code Council (LSUCCC). More Information: BCAP Louisiana Code News | CBECC | LSUCC | OSFM | LSUCCC Action: If interested in getting involved, please contact Jenah Zweig with SEEA [Jenah@seealliance.org] or Brian Sernulka with BCAP [bsernulka@ase.org] Top

MARYLAND
Alert Status: The Maryland Department of Housing and Community Development (DHCD) Codes Administration has officially updated the Maryland Building Performance Standards (MBPS) to reference the 2012 ICC Codes, including the 2012 IECC, for all new and renovated residential and commercial buildings. The November 18 notice in the Maryland Register also updated the Maryland Performance Code (MPC), which applies to state-owned construction and industrialized/modular construction. The new codes will be effective January 1, 2012. Per legislation (SB 625) passed in May 2009, DHCD must update the MBPS to incorporate the latest applicable ICC codes within 12 months of publication of the new code editions. The 2010 Maryland Building Performance Standards (COMAR 05.02.07) incorporate by reference the 2009 editions of the IBC, the IRC, and the IECC. These regulations became effective January 1, 2010. As Maryland is a home rule state, each of its 57 local jurisdictions may modify these codes to suit local conditions (see here for locally adopted code amendments). The energy and accessibility codes, however, are exempt from home rule, and municipalities may only amend those codes to be more stringent than the MBPS. Local jurisdictions are expected to adopt and implement their amendments to the current MBPS within six months of adoption by DHCD, or around July 1, 2012. DHCD will host a series of 20 code official trainings on the 2012 ICC codes throughout the state in fall 2011 and winter 2012, including two 2012 IECC trainings held on October 25 and November 17 and two more scheduled for January 18, and January 24. In May, the state also passed legislation (HB 972) approving the 2012 International Green Construction Code (IGCC) for adoption by all local jurisdictions across the state. It allows local jurisdictions to adopt and amend the IGCC as an optional code in addition to the mandatory MBPS, if DHCD chooses not to adopt the IGCC as an optional additional code. HB 972 makes Maryland the first state to incorporate the IGCC on a large scale ahead of the final 2012 IGCC hearings this year. The enactment date of March 2012 targets the launch of the fully-vetted 2012 version of the IGCC.

More Information: BCAP Maryland Code News | 2012 MBPS | Maryland Register Nov. 18 (page 1500) | MD Codes Admin | DHCD | SB 625 | 2010 MBPS | HB 972 Action: If interested in getting involved, please contact Carolyn Sarno with NEEP [csarno@neep.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

MICHIGAN
Alert Status: On December 1, the Michigan House of Representatives approved legislation that could significantly hinder future updates of the Michigan Uniform Energy Code (MUEC). HB 4561 would replace the regular 3-year code update review cycles with a three to six year cycle, at the discretion of the administrator of the Department of Licensing and Regulatory Affairs (LARA, formerly DELEG). 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 and limit referenced standards to only the specific model codes listed in the statute (and the standards contained in those model codes). The bill now goes to the Senate 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, 2011. More Information: BCAP Michigan Code News | HB 4561: Home & Text | 2009 MUEC: Residential & Commercial | LARA Bureau of Construction Codes Action: If interested in getting involved, please contact Isaac Elnecave of MEEA [ielnecave@mwalliance.org] Top

VERMONT
Alert Status: On October 3, 2011, the Department of Public Service (DPS) officially updated 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 (the current 2005 CBES is based on the 2000 IECC and ASHRAE 90.1-2004). The revisions will take effect January 3, 2012 and will apply to all commercial construction, including alterations, renovations, repairs, and additions. Efficiency Vermont has scheduled a free CBES training in Newfane on December 16. Check the CBES webpage for updating training information. On October 1, 2011, DPS also updated the 2011 Vermont Residential Building Energy Standards (RBES) to reference the 2009 IECC with several strengthening amendments from the 2012 IECC. Check the RBES webpage for updating training information. More Information: BCAP Vermont Code News | CBES: Home & Text | RBES: Home & Text | DPS Home | Vermont Act 45 Action: If interested in getting involved, please contact Carolyn Sarno with NEEP [csarno@neep.org] Top

***** EVENTS, HEARINGS, AND COMMENT DEADLINES

Sun, Jan 1: North Carolina 2012 NC Energy Conservation Code (meets/exceeds 2009 IECC) effective Sun, Jan 1: Maryland 2012 MD Building Performance Standards (2012 IECC) effective Sun, Jan 1: Texas 2012 TX Building Energy Performance Standards (2009 IRC) effective for singlefamily homes Tues, Jan 3: Vermont 2011 Commercial Building Energy Standards (2009 IECC/90.1-2007+) effective Thur, Jan 12: Alabama AERC Board hearing/ vote on Alabama Energy and Residential Code (2009 IECC/IRC) Wed, Feb 1: New Mexico 2009 NM Energy Conservation Code revision (2009 IECC) effective

Mon-Fri, Feb 27-Mar 2: EduCode ICC annual code training conference in Las Vegas, NV Thur, Mar 1: North Carolina 2012 NC Energy Conservation Code mandatory compliance effective Thur, Mar 15: Florida Anticipated effective date of 2010 Florida Building Code (2009 IECC/ statebased) Fri, Jun 1: Alabama Tentative effective date of Alabama Energy and Residential Code (2009 IECC/IRC)
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BCAP Events Calendar

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