WEEK

OF

MAY 16-20, 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 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 *

New Mexico Rollback to Base 2009 IECC Proposed; Participate in Public Hearings June 2 Florida Glitch Meeting June 7; Code Effective December 31 Nevada REEEA to Host 2009 IECC Public Comment Workshop May 26 Oregon1 2011 Residential Code Update Effective July 1 Oregon2 Commercial Reach Code Public Comment Hearing June 21

* ONGOING STATE ALERTS *

Alabama Board to Publish Code Proposals, Hold Hearing for Comment and Final Approval Hawaii 2009 IECC Subcommittee Releases Final Proposed Revisions (UPDATED) Maine Energy Code Rollback Bill Awaits Committee Report Maryland1 Governor Signs Law Allowing State, Jurisdictions to Adopt IGCC Maryland2 MEA Offering More FREE Code Training Seminars April June Michigan Bill Introduced to Hinder Future Code Updates Ohio RCAC Approves 2009 IECC Residential Alternative Code Pennsylvania Legislature Approves Bill Altering Code Update Process

* GENERAL ALERTS *
ICC ICC Board Denies IECC Voter Eligibility Challenge EIA CBECS Commercial Building Energy Data Hit by Federal Budget Cuts DOE Energy Codes 2011 July 25-28 in Salt Lake City, Utah 2012 IECC Publication Now Early June; ICC Posts Next Code Development Cycle Schedule 2012 IGCC 2012 IGCC Hearings In May, November

* CALENDAR * ***** 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 will hold public comment hearings on the proposed changes in four locations (Roswell, Las Cruces, Farmington, and Albuquerque) on June 2. Please see below for contact information to get involved. 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

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

NEVADA

Alert Status: The Nevada Renewable Energy and Energy Efficiency Authority (REEEA) will host a workshop on May 26 to accept written and oral public comments on the states rulemaking process to adopt the 2009 IECC as required under NRS 701.220. Three regulation hearings are scheduled for the summer around the state. REEEA anticipates having the new regulations finalized and adopted by December 30, 2011, and will be proposing an effective date of July 1, 2012. More Information: BCAP Nevada Code News | Workshop Notice | Rulemaking Schedule | Training Schedule | 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

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

***** ALABAMA
Alert Status: Code language for Alabamas first mandatory statewide energy code is currently being drafted. The Alabama Residential and Energy Codes Board initially approved two proposals this year. On January 25, the Board signed off on a new commercial code based on the 2009 IECC. On April 12, it accepted a recommendation to adopt a new

residential energy code based on the 2009 IRC with strengthening amendments that would make it equivalent to the 2009 IECC. The Boards proposals must still be published in the state administrative journal. A public comment hearing will be held after no less than 35 days, followed by a final vote by the Board. The code update stems from legislation passed in 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. 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

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 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

MARYLAND

Alert Status: Gov. Martin OMalley signed a bill on May 11 that makes Maryland the first state to adopt the 2012 International Green Construction Code (IGCC), enabling the adoption of the IGCC by all local governments across the state. HB 972 was introduced on February 11 in the Maryland General Assembly to authorize the Department of Housing and Community Development (DHCD) to adopt by regulation the first printing of the IGCC. It allows local jurisdictions to adopt and amend the IGCC as an optional code in addition to the mandatory Maryland Building Performance Standards (MBPS), if DHCD chooses not to adopt the IGCC as an optional additional code. Though Rhode Island has previously passed legislation concerning the IGCC, HB 972 makes Maryland to first state to adopt 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) The bill was approved by the House on March 17 and the Senate on April 4. The House concurred with the Senate amendments on April 4. Gov. OMalley signed it into law on May 11. More Information: BCAP Maryland Code News | HB 972: Home & Text (amended) | USGBC Codes Blog | 2010 MBPS | 2012 IGCC Action: If interested in getting involved, please contact Carolyn Sarno with NEEP [csarno@neep.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

MARYLAND2
Alert Status: The Maryland Energy Administration, in conjunction with the Maryland Codes Administration, is offering more FREE code training seminars from April through June. All seminars are free of charge and work books and all instructional materials will be given free of charge. Attendance is limited at each seminar location so please register early. The Residential Plan Review and Field Inspection Techniques seminar and the Understanding the Updated ASHRAE 90.1-2010 seminar (approved for CEUs) are both open for registration now. More Information: BCAP Maryland Training News | Code Training Information | 2010 MBPS Action: If interested in getting involved, please contact Jim Magliano with MEA [Magliano@dhcd.state.md.us] 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

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 2009 IECC to be referenced 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

PENNSYLVANIA
Alert Status: The Pennsylvania General Assembly has passed legislation significantly altering the process to update the states construction codes (the 2009 I-Codes series, including the 2009 IECC, became effective December 31, 2009). On January 31, a bill (HB 377) was introduced that would amend the Uniform Construction Code Act of 1999 to require 2/3 approval for any code update proposals by the Department of Labor and Industry (DLI) Review and Advisory Council (RAC). Among other changes, the RAC would be required to submit a report on any proposed changes within 12 months of the official publication of ICCs triennial code updates. HB 377 also repealed the residential sprinkler provisions of the 2009 IRC and reverted to the 2006 wall bracing requirements. The bill was approved by the House on March 7. The Senate approved amendments on April 12, and the House concurred April 13. Gov. Tom Corbett signed the legislation in law as Act 1 on April 25. The UCC has been subject to rollback attempts before in both the legislature and state courts. More Information: BCAP Pennsylvania Code News | HB 377: Home & Text (signed) | PA Code News Archive Action: If interested in getting involved, please contact Josh Young with American Chemistry Council [josh_young@americanchemistry.com] Top

***** ICC
Alert Status: The International Code Councils Board of Directors has denied three appeals challenging the eligibility of voters at the 2012 IECC Final Action Hearings held in October 2010 in Charlotte. The Boards decision affirmed the recommendation of the Appeals Board issued after its hearing on March 31. The appellants had alleged violations had occurred at the hearings regarding ICC bylaws governing voter qualifications and ICC policies governing acceptable funding for code hearing travel. The Board of Directors referenced the findings of the Appeals Board regarding the lack of a material violation of policies and procedures. The Board also referred to the work of the Code Development Review Ad Hoc Committee as

providing a foundation for discussing revisions to existing policies and procedures governing voter eligibility. More Information: BCAP ICC Code News | ICC Press Release | March 31 Hearing Recap | FAH Roundup Top

EIA CBECS
Alert Status: The Commercial Buildings Energy Consumption Survey (CBECS), a program of the Energy Information Administration (EIA) at the Department of Energy, has been hit hard in recent weeks. EIA announced that the 2007 survey data was not up to its statistical standards and would not be released, and that the 2011 survey was suspended as a result of budget cuts made by Congress in April 2011. The survey is normally conducted every four years, so the 2003 data set will continue indefinitely to be the most recent available. Read more More Information: BCAP EIA News | EIA Press Release | Building Green Article 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

2012 IECC
Alert Status: The International Code Council is now scheduled to publish the 2012 editions of its International Codes series, including the 2012 IECC, in early June 2011. The publication occurs as ICC looks ahead to its 2012/2013 code development cycle to produce the 2015 versions of the I-Codes. The Group B schedule, which includes the 2015 IECC and the 2015 International Green Construction Code (IGCC), is highlighted by Code Development Hearings in April 2013 and Final Action Hearings in October 2013, with publication occurring in 2014. A separate code cycle for the 2012 IGCC will conclude with Code Development Hearings May 16-22 in Dallas and Final Action Hearings November 2-6 in Phoenix. More Information: BCAP IECC Code News | 2012/13 Schedule | 2012 IGCC Schedule Top

2012 IGCC
Alert Status: ICC will hold a separate code cycle for the 2012 International Green Construction Code (IGCC). It will conclude with Code Development Hearings May 16-22 in Dallas and Final Action Hearings November 2-6 in Phoenix. DOE held a public meeting on April 14 in Washington, DC to discuss the proposed code changes submitted by DOE, as well as all other changes proposed to Chapter 6 of the IGCC for the purpose of exploring opportunities to foster collaboration at the hearings and possibly combining changes.

More Information: BCAP IGCC Code News | DOE April 14 Meeting | 2012 IGCC Schedule Top

EVENTS, HEARINGS,

AND

***** COMMENT DEADLINES

Sun, May 1 Tues, May 31: ICC May 2011 is Building Safety Month Mon-Sun, May 16-22: ICC 2012 IGCC Code Development Hearings in Dallas, TX Thur, May 26: Nevada 2009 IECC public comment workshop in Carson City, NV 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)
Top

BCAP Events Calendar

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