PRINTER'S NO. 600
No. 552 Session of 1977
INTRODUCED BY ITKIN, B. F. O'BRIEN, MISCEVICH, ABRAHAM, TRELLO,
GAMBLE, McCALL, LEHR AND J. L. WRIGHT, MARCH 7, 1977
REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
MARCH 7, 1977
AN ACT
1 Providing for the regulation for energy conservation purposes
2 the construction of public industrial and commercial
3 buildings, the establishment of an advisory committee,
4 appeals, and for penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the "Building
9 Energy Conservation Act."
10 Section 2. Legislative findings and declaration of purpose.
11 (a) The Legislature hereby determines that:
12 (1) Energy shortages in the domestic supply present far
13 reaching problems that promise to persist. These energy
14 shortages effect the continued efficient operation of the
15 Commonwealth's economy and social structure.
16 (2) It is the Commonwealth's responsibility to provide
17 for energy conservation in several classes of buildings
18 through regulation of design and construction standards.
1 (3) The Legislature intends, by this act, to respond to
2 these shortages by devising a specific responsible energy
3 conservation policy for building systems.
4 (b) The purpose of this act is to grant to the Commonwealth
5 of Pennsylvania and direct it to exercise specific authority in
6 public, commercial and industrial building construction to
7 assure that such construction is performed using materials and
8 techniques that will provide for energy conservation in the
9 future operation and maintenance of said structure.
10 Section 3. Definitions.
11 The following words and phrases when used in this act shall
12 have, unless the context clearly indicates otherwise, the
13 meanings given to them in this section:
14 "Building." Any structure included in the Class I, II, III,
15 IV building categories cited in section 2, act of April 27, 1927
16 (P.L.465, No.299), referred to as the Fire and Panic Act, except
17 for:
18 (1) structures that will not consume energy for heating
19 or cooling for the comfort of personnel using the structure,
20 or whose peak design rate of energy usage is less than one
21 watt/square foot of floor area for normal purposes;
22 (2) structures or those portions of structures used for
23 manufacturing or processing and whose manufacturing or
24 processing procedures require the use of substantial heat
25 producing energy to create their product;
26 (3) single and two-family dwellings; and
27 (4) buildings in the Class I, II, III, IV building
28 categories under 5,000 square feet of floor area.
29 "Constructed." The erection, fabrication, reconstructions or
30 conversion.
19770H0552B0600 - 2 -
1 "Department." The Pennsylvania Department of Labor and
2 Industry.
3 "Design." Calculations and resultant drawings and
4 specifications which are used for the construction of a
5 building.
6 "Reconstruction." The rehabilitation of an existing building
7 to reasonably place it in its original structural condition and
8 which requires more than 50% of the entire building to be
9 rebuilt.
10 Section 4. Adoption and promulgation of standards.
11 The department shall, after one or more public hearings,
12 adopt and publish energy conservation standards for all new
13 buildings. The purpose of such standards is to reduce wasteful
14 or uneconomic consumption of energy by balancing the cost of
15 energy procurement against the cost of energy-conserving
16 building practices. The energy conservation standards shall meet
17 the following criteria:
18 (1) They shall be consistent with the latest and most
19 effective technology.
20 (2) They shall provide adequate safeguards for public
21 health and safety.
22 (3) They shall be economically feasible.
23 (4) They shall be sufficiently stringent to effect a
24 significant savings of energy resources by both residential
25 buildings regulated by the act and nonresidential buildings.
26 (5) They shall include both performance and procedural
27 standards.
28 Section 5. Performance standards.
29 The department shall establish standards for the design of
30 buildings and systems within buildings to assure maximum
19770H0552B0600 - 3 -
1 practical conservation of energy. These standards shall
2 establish parameters within which designers of buildings shall
3 work. The specific practices that a designer employs shall not
4 be prescribed, as long as the result is within the parameters
5 established by the standards.
6 Section 6. Procedural standards.
7 The procedural standards shall be directed toward specific
8 design and building practices that produce building envelopes
9 with good thermal resistance and low air leakage and toward
10 requiring practices in the designing of mechanical and
11 electrical systems which conserve energy.
12 Section 7. Residential and nonresidential structures.
13 The construction of both nonresidential and residential
14 structures shall be in accordance with standards developed by
15 the department. In the development of such standards, the
16 department shall consider building and energy standards
17 promulgated by national and other State governmental agencies,
18 private organizations, and any other available energy data, as
19 well as the total energy allocation approach. The standards
20 shall provide for a baseline reference for normal, acceptable
21 practices and maximum rates of allowable energy consumption in
22 the performance standards, or procedural standards which may be
23 used at the option of the owner and/or his architect, engineer
24 or design-builder. The department shall review the distinction
25 between residential and nonresidential structures, locations,
26 uses and occupancies to determine if different standards are
27 required.
28 Section 8. Applicability of energy conservation standards.
29 The energy conservation standards shall take effect six
30 months after their adoption and are published as regulations in
19770H0552B0600 - 4 -
1 the Pennsylvania Bulletin in accordance with the act of July 31,
2 1968 (P.L.769, No.240), known as the "Commonwealth Documents
3 Law" and shall apply only to new buildings on which actual
4 construction and/or design has not commenced prior to their
5 effective date.
6 Section 9. Energy conservation manual for buildings.
7 (a) Concurrent with the adoption of the energy conservation
8 standards required by this act, the department shall produce an
9 energy conservation manual for use by designers, builders, and
10 contractors of residential and nonresidential buildings. The
11 manual shall be furnished upon request to members of the public
12 at a price sufficient to cover the cost of printing.
13 (b) The manual shall be reviewed at least annually and shall
14 be updated as significant new energy conservation information
15 becomes available.
16 Section 10. Building Energy Conservation Committee.
17 (a) In order to further the coordinated and effective
18 administration of this act, there shall be established a
19 Building Energy Conservation Committee, the membership of which
20 shall be appointed by the Secretary of Labor and Industry and
21 shall include a representative recommended by the Department of
22 Education, the Governor's Energy Council, Department of General
23 Services, Department of Labor and Industry, Pennsylvania
24 Builders Association, Pennsylvania Chamber of Commerce, General
25 Contractors Association of Pennsylvania, Pennsylvania Society of
26 Architects, Pennsylvania Society of Professional Engineers, and
27 such other organizations or individuals as the secretary may
28 find are necessary and proper to carry out the purposes of the
29 committee.
30 (b) Said committee shall be responsible for the regular
19770H0552B0600 - 5 -
1 exchange of information and plans regarding building energy
2 conservation, for the development and review of proposed and
3 existing standards, guidelines, regulations, and manuals, and
4 shall make recommendations to the industrial board consistent
5 with the provisions of this act.
6 (c) Said committee shall also act as an advisory committee
7 to the industrial board and/or the advisory board on building
8 construction in matters of building energy conservation and may
9 recommend to the board variances from standards, guidelines,
10 regulations and manuals after consultation within the committee
11 or with any person affected by such standards, guidelines,
12 regulations or manuals.
13 (d) The members of the committee shall not receive any
14 compensation for their services but shall be reimbursed for
15 their actual and necessary expenses incurred in the performance
16 of their duties. Provided, however, when acting as an advisory
17 committee to the industrial board or the advisory board on
18 building construction on matters concerning variances or appeals
19 which have been referred to the industrial board, they shall
20 receive $50 per day plus their actual and necessary expenses.
21 Section 11. Approval of plans.
22 (a) It shall be the duty of the owner, architect, engineer,
23 or design-builder of every building or structure, as described
24 in this act, hereafter constructed, to submit to the department
25 for approval, drawings, specifications, and/or other data
26 showing compliance with the provisions of this act and the rules
27 and regulations of the said department which may be promulgated
28 for the enforcement of the provisions of this act. No such
29 building or structure shall be constructed until such plans have
30 been examined and approval given by the department and a
19770H0552B0600 - 6 -
1 building permit obtained in municipalities where such permit is
2 required by ordinance.
3 (b) For making the necessary examination for approval of
4 drawings, specifications, and/or other data, the department
5 shall make a charge equal to the actual cost of making such
6 examinations. Such charges shall be consistent with the maximum
7 fees permitted by the act of April 27, 1927 (P.L.465, No.299),
8 referred to as the Fire and Panic Act. The approvals required by
9 this act shall be given at the same time and under the same
10 conditions as those approvals required to be obtained prior to
11 construction by the Fire and Panic Act.
12 Section 12. Permits for use or occupancy.
13 Before any building or structure hereafter constructed shall
14 be used or opened for occupancy, the owner thereof shall notify
15 the Department of Labor and Industry of the completion of the
16 structure. If the department finds, after proper investigation,
17 that the building or structure complies with the requirements of
18 this act, and the rules and regulations promulgated for the
19 enforcement of the provisions of this act, then the department
20 shall issue to the owner of the building or structure a permit
21 authorizing the occupancy or use of the building or structure.
22 Section 13. Failure to submit plans or obtain approval.
23 Whenever the owner of any building or structure to be
24 constructed shall fail to submit plans to the department or
25 having submitted plans, shall have failed to obtain approval of
26 such plans, and shall nevertheless proceed with the work of
27 constructing the building, the department shall serve notice on
28 the said owner, or his architect, engineer or contractor to
29 immediately cease all work on said building; and a notice shall
30 be placed on the premises prohibiting such work being performed
19770H0552B0600 - 7 -
1 until the said plans have been submitted and approval given by
2 the department.
3 Section 14. Failure to comply with provisions of this act.
4 Whenever the owner of any building, as described in this act,
5 shall fail to comply with the provisions of this act, or the
6 rules and regulations of the department formulated under the
7 authority of this act, and upon whom a written order shall be
8 served by the department to comply with the said provisions of
9 this act and the rules and regulations of the department and who
10 nevertheless shall have failed to comply with the said written
11 order within the time specified in the same, the department
12 shall be authorized to immediately order the building or
13 structure to be vacated or placed out of service until such time
14 as the requirements of the act and the rules and regulations of
15 the department shall have been fully complied with.
16 Section 15. Prosecutions.
17 (a) Any person who shall violate any of the provisions of
18 this act, or the rules and regulations of the orders for the
19 enforcement of the said provisions or rules and regulations
20 issued by duly authorized officers of the department or who
21 shall hinder, delay or interfere with any officer charged with
22 the enforcement of this act in the performance of his duty,
23 shall, upon conviction thereof, be punished by a fine of $300
24 and costs, or not more than three months imprisonment in the
25 county jail, or either, or both, in the discretion of the court.
26 (b) Any person who shall fail or refuse to vacate a building
27 or portion of a building, or who shall fail to cease work in the
28 constructing of a building, or who shall fail to vacate or place
29 out of service any building, after due notice having been served
30 upon him by an officer of the department and proper notice
19770H0552B0600 - 8 -
1 having been placed upon the building or structure by such
2 officer, shall be liable for a penalty of $100 a day for each
3 day he shall have so failed or refused to vacate, cease work on,
4 or place out of service the building, portion of building upon
5 which such notice has been placed, the said penalty to be
6 collectible in the same manner as any fine payable to the
7 Commonwealth.
8 (c) Prosecutions for violations of this act, or the rules
9 and regulations of the department may be instituted by the
10 Secretary of Labor and Industry, or under his directions by any
11 authorized representative of the department. Upon conviction
12 after a hearing the sentences provided in this act shall be
13 imposed, and shall be final unless an appeal be taken in the
14 manner prescribed by law.
15 (d) All fines collected under this act shall be forwarded to
16 the department who shall pay the same into the State Treasury
17 for the use of the Commonwealth.
18 Section 16. Enforcement.
19 (a) The provisions of this act shall apply to every building
20 enumerated in this act, except buildings owned by the Federal
21 Government, including buildings owned in whole or in part by the
22 Commonwealth or any political subdivision thereof, and shall be
23 enforced by the Secretary of Labor and Industry, by and through
24 his authorized representatives, provided, that nothing in this
25 act shall be construed as affecting buildings in cities of the
26 first class, second class, and second class A.
27 (b) For the purpose of enforcing the provisions of this act,
28 all the officers charged with its enforcement shall have the
29 power to enter any of the buildings enumerated in this act, and
30 no person shall hinder or delay, or interfere with any of the
19770H0552B0600 - 9 -
1 said officers in the performance of his duty, nor refuse any
2 pertinent information necessary to determine whether the
3 provisions of this act and the rules and regulations herein
4 provided for, are or will be complied with.
5 Section 17. Effective date.
6 This act shall take effect immediately.
B10L42JLW/19770H0552B0600 - 10 -