PRINTER'S NO. 82

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 80 Session of 1979


        INTRODUCED BY ITKIN, J. L. WRIGHT, JR., D. M. O'BRIEN, BURNS,
           McCALL, SWEET, SEVENTY, IRVIS AND MANDERINO, FEBRUARY 5, 1979

        REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
           FEBRUARY 5, 1979

                                     AN ACT

     1  Providing for the regulation for energy conservation purposes of
     2     the construction of buildings, the establishment of a
     3     Building Energy Conservation Committee and a Board on
     4     Variances, appeals and for penalties.

     5                         TABLE OF CONTENTS
     6  Chapter 1.  General Provisions
     7     Section 101.  Short title.
     8     Section 102.  Legislative findings and declaration of
     9                   purpose.
    10     Section 103.  Definitions.
    11  Chapter 2.  Energy Conservation Standards
    12     Subchapter A.  General Provisions
    13     Section 201.  Provisions.
    14     Subchapter B.  Plans and Specifications
    15     Section 202.  Submission.
    16     Section 203.  Contents.
    17     Subchapter C.  Definitions Relating to Energy Conservation
    18                    Standards


     1     Section 204.  Definitions relating to standards.
     2     Subchapter D.  Building Envelope
     3     Section 205.  General provisions.
     4     Section 206.  Criteria for residential buildings.
     5     Section 207.  Other buildings.
     6     Section 208.  Air leakage.
     7     Subchapter E.  Warm Air Heating, Ventilating and Air
     8                    Conditioning Systems and Equipment
     9     Section 209.  General provisions.
    10     Section 210.  Design requirements.
    11     Section 211.  Cooling with outdoor air.
    12     Section 212.  Mechanical ventilation.
    13     Section 213.  Simultaneous heating and cooling.
    14     Section 214.  Recovered energy.
    15     Section 215.  New energy.
    16     Section 216.  Reheat systems.
    17     Section 217.  Dual duct and multizone systems.
    18     Section 218.  Recooling systems.
    19     Section 219.  Multiple zones.
    20     Section 220.  Concurrent operation.
    21     Section 221.  Equipment performance requirements.
    22     Section 222.  Duct insulation.
    23     Section 223.  System controls.
    24     Section 224.  Steam and hot water heating piping.
    25     Subchapter F.  Plumbing Systems
    26     Section 225.  Purpose.
    27     Section 226.  Fixtures.
    28     Section 227.  Insulation.
    29     Section 228.  Equipment.
    30     Section 229.  Controls.
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     1     Subchapter G.  Electrical Systems
     2     Section 230.  System requirements.
     3     Subchapter H.  Lighting
     4     Section 231.  Light power budget.
     5     Section 232.  Calculation methods.
     6     Section 233.  Building interiors.
     7     Section 234.  Building exteriors.
     8     Section 235.  Exceptions to criteria.
     9     Section 236.  Calculation procedure.
    10     Subchapter I.  Alternative Systems
    11     Section 237.  Performance alternative.
    12     Section 238.  Nondepletable sources.
    13     Section 239.  Documentation.
    14     Subchapter J.  Use Group R-3 Prescriptive Standards
    15     Section 240.  Minimum insulation requirements for Use
    16                   Group R-3.
    17  Chapter 3.  Application of Standards:  Establishment of
    18              Committee and Penalties
    19     Section 301.  Modification of standards; criteria.
    20     Section 302.  Application of energy conservation standards.
    21     Section 303.  Energy conservation manual for buildings.
    22     Section 304.  Building Energy Conservation Committee.
    23     Section 305.  Certification.
    24     Section 306.  Use Group R-3; Notice; Warranty.
    25     Section 307.  Variances.
    26     Section 308.  Building permits.
    27     Section 309.  Permits for use or occupancy.
    28     Section 310.  Failure to submit certification.
    29     Section 311.  Inspections.
    30     Section 312.  Appeals.
    19790H0080B0082                  - 3 -

     1     Section 313.  Penalties.
     2     Section 314.  Enforcement.
     3     Section 315.  Civil action.
     4  Chapter 4.  Adoption of Future Standards
     5     Section 401.  Adoption and promulgation of standards.
     6  Chapter 5.  Local Election
     7     Section 501.  Election; Use Group R-3.
     8     Section 502.  Election; cities of the first, second and
     9                   second class A.
    10     Section 503.  Powers of municipalities.
    11     Section 504.  Variances.
    12     Section 505.  Disposition of fines.
    13  Chapter 6.  Report to General Assembly
    14     Section 601.  Report to General Assembly
    15     Section 602.  Effective date.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18                             CHAPTER 1
    19                         GENERAL PROVISIONS
    20  Section 101.  Short title.
    21     This act shall be known and may be cited as the "Building
    22  Energy Conservation Act."
    23  Section 102.  Legislative findings and declaration of purpose.
    24     (a)  Findings.--The Legislature hereby determines that:
    25         (1)  Energy shortages in the domestic supply present far-
    26     reaching problems that promise to persist. These energy
    27     shortages affect the continued efficient operation of the
    28     Commonwealth's economy and social structure.
    29         (2)  It is the Commonwealth's responsibility to provide

    19790H0080B0082                  - 4 -

     1     for energy conservation through regulation of design and
     2     construction standards.
     3         (3)  The Legislature intends, by this act, to respond to
     4     these shortages by devising a specific responsible energy
     5     conservation policy for building systems.
     6     (b)  Purpose.--The purpose of this act is to grant to the
     7  Commonwealth of Pennsylvania and direct it to exercise specific
     8  authority in building construction to assure that such
     9  construction is performed using materials and techniques that
    10  will provide for energy conservation in the future operation and
    11  maintenance of said buildings.
    12  Section 103.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have, unless the context clearly indicates otherwise, the
    15  meanings given to them in this section:
    16     "Building."  Any structure that provides facilities or
    17  shelter for public assembly or for educational, business,
    18  mercantile, institutional, warehouse or residential occupancy,
    19  or industrial use including, but not limited to, those portions
    20  of factory and industrial occupancy such as office space except
    21  for:
    22         (1)  Buildings and structures or portions thereof whose
    23     peak design rate of energy usage is less than one watt per
    24     square foot or 3.4 BTU/hr per square foot of floor area for
    25     all purposes.
    26         (2)  Structures or those portions of structures used for
    27     housing equipment or machinery, or in which manufacturing or
    28     processing is done, where the operation of such equipment or
    29     machinery, or the manufacturing or processing procedures
    30     employed require the use of or generate substantial heat
    19790H0080B0082                  - 5 -

     1     producing energy or cooling within the structure. As used
     2     herein, the generation of substantial heat shall mean
     3     generation of more than 6 watts per square foot of floor
     4     area.
     5         (3)  Buildings which are neither heated nor cooled.
     6         (4)  Historic buildings.
     7         (5)  Buildings owned by the Federal Government.
     8     "Construction."  The erection, fabrication or renovation of a
     9  building.
    10     "Department."  The Pennsylvania Department of Labor and
    11  Industry except that for all units subject to the act of May 11,
    12  1972 (P.L.286, No.70), known as the "Industrialized Housing
    13  Act," all units subject to the act of May 11, 1972 (P.L.281,
    14  No.69), known as the "Uniform Standards Code for Mobile Homes,"
    15  and all buildings classified as Use Group R-3, herein,
    16  department means the Pennsylvania Department of Community
    17  Affairs.
    18     "Design."  Calculations and resultant drawings and
    19  specifications which are used for the construction of a
    20  building.
    21     "Historic building."  Any building determined by the State
    22  Historic Preservation Officer to meet the criteria for listing
    23  on the National Register of Historic Places but only to the
    24  extent that compliance with this act would prevent preservation
    25  of the historic or architectural integrity of the building.
    26     "Licensed design professional."  A person licensed as an
    27  architect or professional engineer pursuant to the appropriate
    28  licensure act.
    29     "Life-cycle cost."  The cost of a building including its
    30  initial cost, the cost of the energy consumed over its economic
    19790H0080B0082                  - 6 -

     1  life and the cost of its operation and maintenance.
     2     "Municipality."  A city, borough, incorporated town or
     3  township.
     4     "Performance standards."  Parameters within which designers
     5  of buildings shall work. The specific practices that a designer
     6  employs shall not be prescribed as long as the result is within
     7  the parameters established by the standards.
     8     "Renovation."
     9         (1)  The rehabilitation of an existing building which
    10     requires more than 25% of the gross floor area or volume of
    11     the entire building to be rebuilt. Cosmetic work such as
    12     painting, wall covering, wall paneling, floor covering, and
    13     suspended ceiling work shall not be included.
    14         (2)  Any addition to an existing building: Provided,
    15     however, That the provisions of this act shall only apply to
    16     such portion of the building being renovated and not to the
    17     entire building.
    18                             CHAPTER 2
    19                   ENERGY CONSERVATION STANDARDS
    20                            SUBCHAPTER A
    21                         GENERAL PROVISIONS
    22  Section 201.  Provisions.
    23     Except for Use Group R-3, the following provisions regulate
    24  the design and construction of the exterior envelopes and
    25  selection of HVAC, service water heating, electrical
    26  distribution, and illumination systems and equipment required
    27  for the purpose of effective use of energy and shall govern the
    28  construction of all buildings, or portions thereof, as provided
    29  herein.
    30     The provisions regulating the construction of buildings
    19790H0080B0082                  - 7 -

     1  classified as Use Group R-3 are contained in Subchapter J,
     2  section 240.
     3                            SUBCHAPTER B
     4                      PLANS AND SPECIFICATIONS
     5  Section 202.  Submission.
     6     (a)  Plans.--Plans, specifications, computations where
     7  necessary, and any changes thereto together with the necessary
     8  certification required by section 305 shall be submitted for all
     9  buildings except those classified as Use Group R-3 to indicate
    10  conformance with this chapter and other applicable chapters of
    11  this act, except as provided in subsections (b) and (c).
    12     (b)  Standard design.--Whenever a person is constructing a
    13  building in accordance with plans, specifications and
    14  computations which he has submitted within the previous two
    15  years, such plans need not be resubmitted but such person shall
    16  indicate upon the certificate required by section 305 that they
    17  meet the standards currently in effect and identify the
    18  previously submitted plans, specifications and computations.
    19     (c)  Prescriptive standards.--When the prescriptive standards
    20  provided in the Energy Conservation Manual established by
    21  section 303 are employed in the construction of a building only
    22  such information as shall be required by the department shall be
    23  submitted. The prescriptive standards applicable to Use Group R-
    24  3 buildings are contained in section 240.
    25  Section 203.  Contents.
    26     The plans and specifications, where required by section 202,
    27  shall show in sufficient detail all pertinent data and features
    28  of the building and the equipment and systems as herein
    29  governed, including but not limited to: exterior envelope
    30  component materials, U values of elements, R values of
    19790H0080B0082                  - 8 -

     1  insulating materials, size and type of apparatus and equipment,
     2  equipment and system controls and other pertinent data to
     3  indicate conformance with the requirements herein.
     4                            SUBCHAPTER C
     5                      DEFINITIONS RELATING TO
     6                   ENERGY CONSERVATION STANDARDS
     7  Section 204.  Definitions relating to standards.
     8     The following words and phrases when used in this chapter
     9  shall have, unless the context clearly indicates otherwise, the
    10  meanings given to them in this section:
    11     "Coefficient of beam utilization" (CBU).  The ratio of the
    12  luminous flux (lumens) reaching a specified area directly from a
    13  floodlight or projector to the total beam luminous flux.
    14     "Coefficient of performance" (COP) - cooling. The ratio of
    15  the rate of net heat removal to the rate of total energy input,
    16  expressed in consistent units and under designated rating
    17  conditions.
    18     "Coefficient of performance" (COP) - heat pump, heating. The
    19  ratio of the rate of net heat output to the rate of total energy
    20  input, expressed in consistent units and under designated rating
    21  conditions.
    22     The rate of net heat output shall be defined as the change in
    23  the total heat contents of the air entering and leaving the
    24  equipment not including supplementary heat.
    25     Total energy input shall be determined by combining the
    26  energy inputs to all elements, except supplementary heaters, of
    27  the heat pump, including, but not limited to, compressors,
    28  pumps, supply air fans, return air fans, outdoor air fans,
    29  cooling tower fans and the heating, ventilating and air
    30  conditioning system equipment control circuit.
    19790H0080B0082                  - 9 -

     1     "Coefficient of utilization" (CU).  The ratio of the luminous
     2  flux (lumens) from a luminaire received on the work plane to the
     3  lumens emitted by the luminaire's lamps alone.
     4     "Color rendition."  General expression for the effect of a
     5  light source on the color. Appearance of objects in conscious or
     6  subconscious comparison with their color appearance under a
     7  reference light source.
     8     "Degree day, heating."  A unit, based upon temperature
     9  difference and time, used in estimating fuel consumption and
    10  specifying nominal heating load of a building in winter. For any
    11  one day, when the mean temperature is less than 65 F., there
    12  exist as many degree days as there are Fahrenheit degrees
    13  difference in temperature between the mean temperature for the
    14  day and 65 F.
    15     "Energy efficiency ratio" (EER).  The ratio of net cooling
    16  capacity in Btuh to total rate of electric input in watts under
    17  designated operating conditions.
    18     "Equivalent sphere illumination" (ESI).  The level of sphere
    19  illumination which would produce task visibility equivalent to
    20  that produced by a specific lighting environment.
    21     "Exterior envelope."  The elements of a building which
    22  enclose conditioned spaces through which thermal energy may be
    23  transferred to or from the exterior.
    24     "Floodlighting."  A lighting system designated to light an
    25  area using projector type luminaires usually capable of being
    26  pointed in any direction.
    27     "Floor area, gross."  Gross floor area shall be the floor
    28  area within the perimeter of the outside walls of the building
    29  under consideration, without deduction for hallways, stairs,
    30  closets, thickness of walls, columns or other features.
    19790H0080B0082                 - 10 -

     1     "Illumination."  The density of the luminous flux incident on
     2  a surface. It is the quotient of the luminous flux by the area
     3  of the surface when the latter is uniformly illuminated.
     4     "Light loss factor" (LLF).  A factor used in calculating the
     5  level of illumination after a given period of time and under
     6  given conditions. It takes into account temperature and voltage
     7  variations, dirt accumulation on luminaire and room surfaces,
     8  lamp depreciation, maintenance procedures and atmosphere
     9  conditions.
    10     "Luminaire."  A complete lighting unit consisting of a lamp
    11  or lamps together with the parts designed to distribute the
    12  light, to position and protect the lamps and to connect the
    13  lamps to the power supply.
    14     "Multiglazing."  An arrangement whereby two or more sheets of
    15  glazing material are affixed in or on to a window frame to
    16  create one or more closed insulating air spaces. Multiglazing
    17  can be achieved by installing a preassembled sealed insulating
    18  glass unit, consisting of two or more layers of glazing
    19  materials with insulating, closed air space in between, or by
    20  affixing one or more additional glazing materials onto a single
    21  glazed window sash, creating one or more closed insulating air
    22  spaces.
    23     "Packaged terminal air conditioner."  A factory selected
    24  combination of heating and cooling components, assemblies or
    25  sections, intended to serve a room or zone.
    26     "Power."  In connection with machines, power is the time rate
    27  of doing work. In connection with the transmission of energy of
    28  all types, power refers to the rate at which energy is
    29  transmitted; in customary units, it is measured in watts (W) or
    30  British thermal units per hour (Btuh) and in SI units is
    19790H0080B0082                 - 11 -

     1  measured in watts (W).
     2     "Reflectance."  The ratio of the light reflected by a surface
     3  to the light falling upon it.
     4     "Reheat."  The application of sensible heat to supply air
     5  that has been previously cooled below the temperature of the
     6  conditioned space by either mechanical refrigeration or the
     7  introduction of outdoor air to provide cooling.
     8     "Residential buildings."  All buildings and structures or
     9  parts thereof shall be classified in the residential (R) use
    10  group in which families or households live, or in which sleeping
    11  accommodations are provided for individuals with or without
    12  dining facilities, excluding those that are classified as
    13  institutional buildings. Residential buildings shall be
    14  classified as follows:
    15     (1)  Use group R-1 structures.  This use group shall include
    16  all hotel and motel buildings, lodging houses, boarding houses
    17  and dormitory buildings arranged for the shelter and sleeping
    18  accommodation of more than 20 individuals.
    19     (2)  Use group R-2 structures.  This use group shall include
    20  all multiple-family dwellings having more than two dwelling
    21  units; and shall also include all dormitories, boarding and
    22  lodging houses arranged for shelter and sleeping accommodation
    23  by more than five and not more than 20 individuals.
    24     (3) Use group R-3 structures.  This use group shall include
    25  all buildings arranged for the use of one or two family dwelling
    26  units including not more than five lodgers or boarders per
    27  family.
    28     "Resistance, thermal" (R).  A measure of the ability to
    29  retard the flow of heat. The R value is the reciprocal of a heat
    30  transfer coefficient, as expressed by U.  (R = 1/U).
    19790H0080B0082                 - 12 -

     1     "Thermal transmittance" (U).  Overall coefficient of heat
     2  transmission or thermal transmittance (air to air) expressed in
     3  units of BTU per hour per square foot per degree F.  It is the
     4  time rate of heat flow. The U value applies to combinations of
     5  different materials used in series along the heat flow path and
     6  also to single materials that comprise a building section and
     7  include cavity air spaces and surface air films on both sides.
     8     "Thermal transmittance" (Uo).  Overall (average) heat
     9  transmission or thermal transmittance of a gross area of the
    10  exterior building envelope, expressed in units of BTU per hour
    11  per square foot per degree F.
    12     The Uo value applies to the combined effect of the time rate
    13  of heat flows through the various parallel paths, such as
    14  windows, doors and opaque construction areas, comprising the
    15  gross area of one or more exterior building components, such as
    16  walls, floor or roof/ceiling.
    17     "Thermostat."  An instrument which measures changes in
    18  temperature and controls devices for maintaining a desired
    19  temperature.
    20     "Veiling reflections."  Regular reflections superimposed upon
    21  diffuse reflections from an object that partially or totally
    22  obscure the details to be seen by reducing the contrast. This
    23  sometimes is called "reflected glare."
    24     "Window management."  Any one or combination of acts and
    25  activities whose purpose is to take maximum advantage of the
    26  energy conserving aspects of utilizing solar energy to heat a
    27  building and/or utilize solar illumination within a building to
    28  augment energy-consuming lighting systems. Such acts and
    29  activities include, but are not limited to, building-window
    30  siting and orientation, selection of glazing materials, design
    19790H0080B0082                 - 13 -

     1  of overhangs, sun screens or placement of shrubbery.
     2     "Work plane."  The plane at which work usually is done and at
     3  which the illumination is specified and measured. Unless
     4  otherwise indicated, this is assumed to be a horizontal plane 30
     5  in. (0.76 m) above the floor.
     6     "Zone."  A space or group of spaces within a building with
     7  heating or cooling requirements sufficiently similar so that
     8  comfort conditions can be maintained throughout by a single
     9  controlling device.
    10                            SUBCHAPTER D
    11                         BUILDING ENVELOPE
    12  Section 205.  General provisions.
    13     (a)  Purpose of subchapter.--The intent of this subchapter is
    14  to provide minimum requirements for exterior envelope
    15  construction in the interest of energy conservation.
    16     In addition to the criteria set forth in this subchapter
    17  provisions shall be made to maximize the energy conserving
    18  benefits of solar daylight and passive solar heat gain through
    19  window management. The proposed design may also take into
    20  consideration the thermal mass of the building in considering
    21  energy conservation. The administering agency shall provide the
    22  guidelines necessary to implement these provisions.
    23     (b)  Thermal performance.--All buildings and structures that
    24  are heated or mechanically cooled shall be constructed so as to
    25  provide the required thermal performance of the various
    26  components.
    27     The required thermal transmittance value (Uo) of any one
    28  component, such as roof/ceiling, wall or floor may be increased
    29  and the Uo value for other components decreased provided that
    30  the overall heat gain or loss for the entire building envelope
    19790H0080B0082                 - 14 -

     1  does not exceed the total resulting from conformance to the
     2  required Uo values.
     3     (c)  Different requirements.--A building that is designed to
     4  be both heated and cooled shall meet the more stringent of the
     5  heating or cooling requirements of the exterior envelope as
     6  provided in this subchapter when requirements differ.
     7     (d)  Exterior walls.--For the purpose of this subchapter the
     8  gross area of exterior walls consists of all opaque wall areas,
     9  including foundation walls above grade, peripheral edges of
    10  floors, window areas including sash, and door areas, where such
    11  surfaces are exposed to outdoor air and enclose a heated or
    12  mechanically cooled space.
    13     (e)  Roof assembly.--For the purpose of this subchapter a
    14  roof assembly shall be considered as all components of the
    15  roof/ceiling envelope through which heat flows, thereby creating
    16  a building transmission heat loss or gain, where such assembly
    17  is exposed to outdoor air and encloses a heated or mechanically
    18  cooled space.
    19     The gross area of a roof assembly consists of the total
    20  interior surface of such assembly, including skylights, exposed
    21  to the heated or mechanically cooled space.
    22     Where air ceiling plenums are employed, the roof or ceiling
    23  assembly shall:
    24         (1)  For thermal transmittance purposes not include the
    25     ceiling proper nor the plenum space as part of the assembly.
    26         (2)  For gross area purposes be based upon the interior
    27     face of the upper plenum surface.
    28  Section 206.  Criteria for residential buildings.
    29     (a)  Applicability.--The requirements herein shall apply to
    30  all buildings and structures or portions thereof of use groups
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     1  R-1 and R-2 that are heated or mechanically cooled when not more
     2  than 3 stories or 40 feet in height.
     3     (b)  Walls.--The gross area of exterior walls above grade,
     4  including foundation walls, shall have a combined thermal
     5  transmittance value (Uo) not exceeding those specified in Table
     6  1.
     7                              Table 1
     8                 Maximum Allowable "Uo" Values for
     9                   Gross Exterior Wall Assemblies
    10                                       Detached         All other
    11     Annual heating degree days*   one & two family    residential
    12                 4000                    0.25             0.31
    13                 5000                    0.23             0.29
    14                 6000                    0.22             0.27
    15                 7000                    0.20             0.26
    16     *As specified in Chapter 43 ASHRAE Handbook-Systems.
    17     (c)  Roof/ceiling.--The roof/ceiling assemblies shall have a
    18  combined thermal transmittance value (Uo) not to exceed 0.05
    19  except that roof/ceiling assemblies in which the finished
    20  interior surface is essentially the underside of the roof deck,
    21  such as a wooden cathedral ceiling, may have a "Uo" value not to
    22  exceed 0.08. These values presume no significant thermal
    23  transmission through framing members, skylights or other
    24  interruptions in the roof envelope. If such interruptions occur,
    25  calculations must be made showing conformance to the required
    26  "Uo" values.
    27     (d)  Floors over unheated spaces.--The floor of a heated or
    28  mechanically cooled space located over an unheated space shall
    29  have a combined thermal transmittance value (Uo) not to exceed
    30  0.08.
    19790H0080B0082                 - 16 -

     1     (e)  Slab-on grade floors.--
     2         (1)  For slab-on grade floors, the perimeter of the floor
     3     shall be insulated with a material having a thermal
     4     resistance value (R) not less than those specified in Table
     5     2.
     6                              Table 2
     7             Minimum Allowable "R" Values of Perimeter
     8                Insulation for Slab-On Grade Floors
     9     Annual heating degree days      Heated slab     Unheated slab
    10                 4000*                   5.5             3.5
    11                 5000                    6.3             4.2
    12                 6000                    7.0             4.9
    13                 7000                    7.8             5.5
    14     *Table values may be interpolated.
    15         (2)  The insulation shall extend downward from the top of
    16     the slab for a minimum distance of 24 inches or downward to
    17     the bottom of the slab then horizontally beneath the slab for
    18     a minimum total distance of 24 inches.
    19  Section 207.  Other buildings.
    20     (a)  Coverage.--The heating and cooling requirements herein
    21  shall govern all buildings and structures or portions thereof
    22  other than defined by section 206.
    23     (b)  Heating criteria for walls.--All buildings and
    24  structures that are heated shall have a combined thermal
    25  transmittance value (Uo) for the gross area of exterior walls
    26  not exceeding those specified in Table 3.
    27                              Table 3
    28                   Maximum Allowable "Uo" Values
    29                 for Gross Exterior Wall Assemblies
    30                                     3 stories or    More than
    19790H0080B0082                 - 17 -

     1     Annual heating degree days     40 ft. or less  3 stories or
     2                                                       40 ft.
     3                 4000                    0.31            0.38
     4                 5000                    0.29            0.36
     5                 6000                    0.27            0.33
     6                 7000                    0.26            0.31
     7     (c)  Heating criteria for roof/ceiling.--All buildings and
     8  structures that are heated shall have combined thermal
     9  transmittance value (Uo) for roof/ceiling assemblies not
    10  exceeding those specified in Table 4.
    11                              Table 4
    12                   Maximum Allowable "Uo" Values
    13                    for Roof/Ceiling Assemblies
    14     Annual heating degree days              Maximum Uo
    15             4000*                              0.092
    16             5000                               0.084
    17             6000                               0.076
    18             7000                               0.068
    19     *Table values may be interpolated.
    20     (d)  Heating criteria for floors over unheated spaces.--The
    21  floor of a heated space located over an unheated space shall
    22  have a thermal transmittance value (Uo) not exceeding 0.08.
    23     (e)  Heating criteria for slab-on grade floors.--For slab-on
    24  grade floors, the perimeter of the floor shall be insulated with
    25  a material having a thermal resistance value (R) not less than
    26  those specified in Table 5.
    27     The insulation shall extend downward from the top of the slab
    28  for a minimum distance of 24 inches or downward to the bottom of
    29  the slab then horizontally beneath the slab for a minimum total
    30  distance of 24 inches.
    19790H0080B0082                 - 18 -

     1                              Table 5
     2             Minimum Allowable "R" Values of Perimeter
     3                Insulation for Slab-On Grade Floors
     4     Annual heating degree days      Heated slab    Unheated slab
     5                 4000*                   5.5             3.5
     6                 5000                    6.3             4.2
     7                 6000                    7.0             4.9
     8                 7000                    7.8             5.5
     9     *Table values may be interpolated.
    10     (f)  Cooling criteria for walls.--All buildings and
    11  structures that are mechanically cooled shall have an overall
    12  thermal transfer value for the gross area of exterior walls not
    13  exceeding 33.5 BTU's per hour per square foot based on the
    14  following equation:
    15  OTTV = (Uw x Aw X TDEQ) + (Af x Sf x Sc) + (Uf x Af x Delta T)
    16                                     Ao
    17  OTTV = Overall thermal transfer value where:
    18    Uw = The thermal transmittance of all elements of the opaque
    19          wall area Btu/h. ft2.F (W/m2K)
    20    Aw = Opaque wall area, ft2 (m2)
    21    Uf = The thermal transmittance of the fenestration area
    22          Btu/h. ft2.F (W/m2K)
    23    Af = Fenestration area, ft2 (m2)
    24  TDEQ = Value given in the following table,F, (c):
    25                  TABLE FOR TEMPERATURE DIFFERENCE
    26     Wall Construction-mass per unit area      TDEQ
    27             LB/FT2          Kg/m2           F     C
    28             0-25            0-125           44  24.5
    29            26-40          126-195           37  21.0
    30            41-70          196-345           30  17.0
    19790H0080B0082                 - 19 -

     1            71 and above   346 and above     23  13.0
     2     Weight of wall construction shall be determined from the
     3     1972 ASHRAE Handbook of Fundamentals, Chapter 22.
     4    Sc = Shading coefficient of the fenestration
     5  Delta T = Temperature difference between exterior and interior
     6         design conditions, F, for which the following
     7         temperatures shall apply:
     8                             Indoor          Outdoor
     9                               F  C
    10             Winter           72  22.0       97 1/2%*
    11             Summer           78  25.5        2 1/2%*
    12     * Values from 1972 ASHRAE Handbook of
    13  Fundamentals, Chapter 33.
    14    SF = Solar factor value given Btu/h.ft2 (W/m2).
    15         (use 127 Btu/h.ft2)
    16    AO = Gross area of exterior walls, ft2 (m2).  The gross
    17         area of exterior walls consists of all opaque wall
    18         areas (including foundation walls, between floor span-
    19         drels, peripheral edges of floors, etc.), window
    20         areas (including sash), and door areas, where such
    21         surfaces are exposed to outdoor air and enclose a
    22         heated and/or mechanically cooled space (including
    23         intersticial areas between two such spaces).
    24  Note:  Where more than one type of wall and/or fenestration
    25         is used, the respective term or terms shall be expanded
    26         into sub-elements, as:
    27         (Uw x Aw x TDEQ) + (Uw2 x Aw2 x TDEQ2), etc.
    28     (g)  Cooling criteria for roof/ceilings.--All buildings and
    29  structures that are mechanically cooled shall have a combined
    30  thermal transmittance value (Uo) for roof/ceiling assemblies the
    19790H0080B0082                 - 20 -

     1  same as specified in Table 4 for heating.
     2  Section 208.  Air leakage.
     3     (a)  Application.--The requirements of this section shall
     4  apply to all buildings and structures and apply only to those
     5  locations separating outdoor ambient conditions from interior
     6  spaces that are heated or mechanically cooled and are not
     7  applicable to separation of interior spaces from each other.
     8     (b)  Standard.--Compliance with the criteria for air leakage
     9  shall be determined by ASTM E-283, Standard Method of Test for
    10  Rate of Air Leakage through Exterior Windows, Curtain Walls and
    11  Doors, at a pressure differential of 1.567 lb/ft2 which is
    12  equivalent to the effect of a 25 m.p.h. wind.
    13     (c)  Acceptance criteria.--The following criteria shall
    14  represent the maximum allowable air leakage:
    15         (1)  The air infiltration rate for windows shall not
    16     exceed 0.5 cfm per foot of sash crack.
    17         (2)  The air infiltration rate for sliding glass doors in
    18     residential buildings shall not exceed 0.5 cfm per square
    19     foot of door area.
    20         (3)  The air infiltration rate for swinging doors in
    21     residential buildings shall not exceed 1.25 cfm per square
    22     foot of door area.
    23         (4)  The air infiltration rate for swinging, revolving or
    24     sliding doors in other than residential buildings shall not
    25     exceed 11 cfm per lineal foot of door crack.
    26     (d)  Caulking and sealants.--Exterior joints around windows
    27  and door frames, between wall cavities and window or door
    28  frames, between wall and foundation, between wall and roof,
    29  between wall panels, at penetrations or utility services through
    30  walls, floors and roofs, and all other openings in the exterior
    19790H0080B0082                 - 21 -

     1  envelope shall be caulked, gasketed, weatherstripped, or
     2  otherwise sealed.
     3                            SUBCHAPTER E
     4         WARM AIR HEATING, VENTILATING AND AIR CONDITIONING
     5                       SYSTEMS AND EQUIPMENT
     6  Section 209.  General provisions.
     7     This subchapter applies to air duct systems employing
     8  mechanical means for the movement of air used for warm air
     9  heating, ventilating, air conditioning systems, exhaust systems
    10  and combination heating and air conditioning systems, except
    11  that this subchapter shall not apply to systems for the removal
    12  of flammable vapors or residues or to systems for conveying
    13  dust, stock or refuse by means of air currents. Heating,
    14  ventilating and air conditioning systems of all buildings and
    15  structures or portions thereof shall be designed and installed
    16  for efficient use of energy as herein provided. For special
    17  applications such as hospitals, laboratories, thermally
    18  sensitive equipment, computer rooms, and manufacturing
    19  processes, the design concepts and parameters shall conform to
    20  the requirements of the application at minimum energy levels.
    21  Section 210.  Design requirements.
    22     In determining design conditions for calculations under this
    23  section the following design temperatures shall apply:
    24         (1)  Outdoor design temperature shall be selected for
    25     listed locations in Chapter 33 of the ASHRAE Handbook of
    26     Fundamentals, from columns of 97 1/2% values for heating and
    27     2 1/2% values for cooling.
    28         (2)  Indoor design temperature shall be 70 degrees F. for
    29     heating and 78 degrees F. for cooling.
    30         (3)  Indoor design relative humidity for heating shall
    19790H0080B0082                 - 22 -

     1     not exceed 30%. For cooling, the actual design relative
     2     humidity within the comfort envelope as defined in ASHRAE
     3     Standard 55-74 "Thermal Environmental Conditions for Human
     4     Occupancy" shall be selected for the minimum total heating,
     5     ventilating, and air conditioning system energy use.
     6  Section 211.  Cooling with outdoor air.
     7     (a)  Fan system design.--Each fan system shall be designed to
     8  use up to and including 100% of the fan system capacity for
     9  cooling with outdoor air automatically whenever its use will
    10  result in lower usage of energy than would be required under its
    11  normal operation.
    12     (b)  Exceptions.--Cooling with outdoor air is not required
    13  under any one or more of the following conditions:
    14         (1)  Fan system capacity less than 5,000 Cfm or 134,000
    15     Btu/Hr total cooling capacity.
    16         (2)  The quality of the outdoor air is so poor as to
    17     require extensive treatment of the air.
    18         (3)  The need for humidification or dehumidification
    19     requires the use of more energy than is conserved by outdoor
    20     air cooling.
    21         (4)  The use of outdoor air cooling may affect the
    22     operation of other systems (such as return or exhaust air
    23     fans or supermarket refrigeration) so as to increase the
    24     overall energy consumption of the building.
    25         (5)  Internal/external zone heat recovery or other energy
    26     recovery is used.
    27         (6)  When all space cooling is accomplished by a
    28     circulating liquid which transfers space heat directly or
    29     indirectly to a heat rejection device such as a cooling tower
    30     without the use of a refrigeration system.
    19790H0080B0082                 - 23 -

     1  Section 212.  Mechanical ventilation.
     2     Each mechanical ventilation system shall be equipped with a
     3  readily accessible means for either shut-off or volume reduction
     4  and shut-off when ventilation is not required.
     5  Section 213.  Simultaneous heating and cooling.
     6     Systems that employ both heating and cooling simultaneously
     7  in order to achieve comfort conditions within a space shall be
     8  limited to those situations where more efficient methods of
     9  heating and air conditioning cannot be effectively utilized to
    10  meet system objectives. Simultaneous heating and cooling by
    11  reheating or recooling supply air or by concurrent operation or
    12  independent heating and cooling systems serving a common zone
    13  shall be restricted as specified herein.
    14  Section 214.  Recovered energy.
    15     Recovered energy, provided the new energy expended in the
    16  recovery process is less than the amount recovered, may be used
    17  for control of temperature and humidity. New energy is defined
    18  as energy, other than recovered, utilized for the purpose of
    19  heating or cooling.
    20  Section 215.  New energy.
    21     (a)  Prevention of excess humidity.--New energy may be used,
    22  when necessary, to prevent relative humidity from rising above
    23  60% for comfort control or to prevent condensation on terminal
    24  units or outlets.
    25     (b)  Control of temperature.--New energy may be used for
    26  control of temperature if minimized as specified in sections 216
    27  through 220.
    28  Section 216.  Reheat systems.
    29     Systems employing reheat and serving multiple zones, other
    30  than those employing variable air volume for temperature
    19790H0080B0082                 - 24 -

     1  control, shall be provided with control that will automatically
     2  reset the system cold air supply to the highest temperature
     3  level that will satisfy the zone requiring the coolest air.
     4  Single zone reheat systems shall be controlled to sequence
     5  reheat and cooling.
     6  Section 217.  Dual duct and multizone systems.
     7     These systems shall be provided with control that will
     8  automatically reset the cold deck air supply to the highest
     9  temperature that will satisfy the zone requiring the coolest air
    10  and the hot deck air supply to the lowest temperature that will
    11  satisfy the zone requiring the warmest air.
    12  Section 218.  Recooling systems.
    13     Systems in which heated air is recooled directly or
    14  indirectly, to maintain space temperature, shall be provided
    15  with control that will automatically reset the temperature to
    16  which the supply air is heated to the lowest level that will
    17  satisfy the zone requiring the warmest air.
    18  Section 219.  Multiple zones.
    19     For systems with multiple zones, one or more zones may be
    20  chosen to represent a number of zones with similar heating or
    21  cooling characteristics. A multiple zone heating, ventilating
    22  and air conditioning system that employs reheating or recooling
    23  for control of not more than 5,000 Cfm or 20% of the total
    24  supply air of the system, whichever is less, shall be exempt
    25  from the supply air temperature reset requirements of sections
    26  216 through 218.
    27  Section 220.  Concurrent operation.
    28     Concurrent operation of independent heating and cooling
    29  systems serving common spaces, and requiring the use of new
    30  energy for heating or cooling shall be minimized by one or both
    19790H0080B0082                 - 25 -

     1  of the following:
     2         (1)  By providing sequential temperature control of both
     3     heating and cooling capacity in each zone.
     4         (2)  By limiting the heating energy input, through
     5     automatic reset control of the heating medium temperature (or
     6     energy input rate), to only that necessary to offset heat
     7     loss due to transmission and infiltration and, where
     8     applicable, to heat the ventilation air supply to the space.
     9  Section 221.  Equipment performance requirements.
    10     (a)  Application.--The requirements of this section apply to
    11  equipment and component performance for heating, ventilating and
    12  air conditioning systems. Where equipment efficiency levels are
    13  specified, data furnished by the equipment supplier or certified
    14  under a nationally recognized certification program or rating
    15  procedure shall be used to satisfy these requirements.
    16     (b)  Systems equipment - electrical.--Heating ventilating and
    17  air conditioning systems equipment whose energy input in the
    18  cooling mode is entirely electric shall show a coefficient of
    19  performance (COP) and energy efficiency ratio (EER) not less
    20  than the values specified in Table 6. These requirements apply
    21  to, but are not limited to, unitary cooling equipment (air and
    22  water source); packaged air conditioners; and room air
    23  conditioners. These requirements do not apply to equipment used
    24  in areas having open refrigerated food display cases. For
    25  determining coefficient of performance (COP), the rate of net
    26  heat removal shall be defined as the change in the total heat
    27  contents of the air entering and leaving the equipment (without
    28  reheat). Total energy input shall be determined by combining the
    29  energy inputs to all elements of the equipment, including but
    30  not limited to, compressors, pumps, supply-air fans, cooling
    19790H0080B0082                 - 26 -

     1  tower fans and the system equipment control circuit.
     2                              Table 6
     3       Minimum EER and COP for Electric Heating, Ventilating
     4               and Air Conditioning System Equipment
     5  Standard rating capacity                       EER     COP
     6  Under 65,000 Btu/hr (19,050 watts)             6.1     1.8
     7  65,000 Btu/hr (19,050 watts) and over          6.8     2.0
     8     (c)  Other system equipment.--Heat operated cooling equipment
     9  shall show a coefficient of performance (COP) in the cooling
    10  mode not less than the values specified in Table 7. These
    11  requirements apply to, but are not limited to, absorption,
    12  engine-driven and turbine-driven equipment. The coefficient of
    13  performance (COP) is determined excluding the electrical
    14  auxiliary inputs.
    15                              Table 7
    16     Minimum COP for Heating, Ventilating and Air Conditioning
    17               System Heat Operated Cooling Equipment
    18         Heat source                             Minimum COP
    19  Direct fired (gas, oil)                            0.40
    20  Indirect fired (steam, hot water)                  0.65
    21     (d)  System components.--Heating, ventilating and air
    22  conditioning system components whose energy input in the cooling
    23  mode is entirely electric shall show a coefficient of
    24  performance (COP) and energy efficiency ratio (EER) not less
    25  than the values specified in Table 8. For determining
    26  coefficient of performance (COP), the rate of heat removal is
    27  defined as the difference in total heat contents of the water or
    28  refrigerant entering or leaving the component. Total energy
    29  input shall be determined by combining the energy inputs to all
    30  elements and accessories of the component, including but not
    19790H0080B0082                 - 27 -

     1  limited to, compressors, internal circulating pumps, condenser-
     2  air fans, evaporative-condenser cooling heater pumps, purge, and
     3  the component control circuit.
     4                              Table 8
     5      Minimum COP for Electrically Driven Heating, Ventilating
     6               and Air Conditioning System Components
     7     Component    Condensing means   Air     Water     Evaporation
     8                                   ERR COP  EER COP     EER COP
     9  Self-contained    Centrifugal    7.5 2.2  12.9 3.8
    10  water chillers
    11                     Positive
    12                   displacement    7.2 2.1  10.9 3.2
    13  Condenserless      Positive
    14  water chillers   displacement    8.9 2.6  10.9 3.2
    15  Compressor and
    16  condenser units    Positive
    17  65,000 Btu/hr.   displacement    7.8 2.3  11.3 3.3   11.3 3.3
    18  (19,050 watts)
    19  and over
    20     (e)  Heat pumps.--Heat pumps whose energy input is entirely
    21  electric shall show a coefficient of performance (COP), heating,
    22  not less than the values specified in Table 9.
    23                              Table 9
    24              Minimum COP for Heat Pumps, Heating Mode
    25  Source and outdoor temperature (degree F.)         Minimum COP
    26  Air source--47 DB/43 WB                               2.2
    27  Air source--17 DB/15 WB                               1.2
    28  Water source--60 entering                             2.2
    29     (f)  Supplementary heater.--The heat pump shall be installed
    30  with a control to prevent supplementary heater operation when
    19790H0080B0082                 - 28 -

     1  the heating load can be met by the heat pump alone.
     2  Supplementary heater operation is permitted during transient
     3  periods, such as start-ups, following room thermostat setpoint
     4  advance, and during defrost. A two-stage room thermostat, which
     5  controls the supplementary heat on its second stage, shall be
     6  accepted as meeting this requirement. The cut-on temperature for
     7  the compression heating shall be higher than the cut-on
     8  temperature for the supplementary heat, and the cut-off
     9  temperature for the compression heating shall be higher than the
    10  cut-off temperature for the supplementary heat. Supplementary
    11  heat may be derived from any source of electric resistance
    12  heating or combustion heating.
    13     (g)  Combustion heating equipment.--All gas and oil-fired
    14  comfort heating equipment shall show a minimum combustion
    15  efficiency of 75% at maximum rated output. Combustion efficiency
    16  shall be determined in accordance with the ASHRAE Standard 90.
    17  Section 222.  Duct insulation.
    18     (a)  Insulation.--All duct systems, or portions thereof,
    19  exposed to nonconditioned spaces shall be insulated to provide a
    20  thermal resistance, excluding film resistance, of
    21             ti - to
    22         R = --------(hr) (sq.ft) (F)/BTU
    23               15
    24  where ti-to is the design temperature differential (absolute
    25  value) between the air in the duct and the surrounding air with
    26  the following exceptions. Duct insulation, except when needed to
    27  prevent condensation, is not required in any of the following
    28  cases:
    29         (1)  Where ti-to is 25 degrees F. or less.
    30         (2)  When the heat gain or loss of the ducts, without
    19790H0080B0082                 - 29 -

     1     insulation, will not increase the energy requirements of the
     2     building.
     3         (3)  Exhaust air ducts.
     4         (4)  Supply or return air ducts installed in crawl spaces
     5     with insulated walls, basements or cellars in one and two-
     6     family dwellings.
     7     (b)  Vapor barriers.--Where required to prevent condensation,
     8  insulation with vapor barriers shall be installed in addition to
     9  insulation required above.
    10  Section 223.  System controls.
    11     (a)  Application.--All heating, ventilating and air
    12  conditioning systems shall be provided controls as specified
    13  herein.
    14     (b)  Temperature.--Each heating, ventilating and air
    15  conditioning system shall be provided with at least one
    16  thermostat for the regulation of temperature. Each thermostat
    17  shall be capable of being set from 55 degrees F. to 75 degrees
    18  F. where used to control heating only and from 70 degrees F. to
    19  85 degrees F. where used to control cooling only. Where used to
    20  control both heating and cooling it shall be capable of being
    21  set from 55 degrees F. to 85 degrees F. and shall be capable of
    22  operating the system heating and cooling in sequence. It shall
    23  be adjustable to provide a temperature range of up to 10 degrees
    24  F. between full heating and full cooling, except as allowed in
    25  section 220.
    26     (c)  Humidity.--If a heating, ventilating and air
    27  conditioning system is equipped with a means for adding moisture
    28  to maintain specific selected relative humidities in spaces or
    29  zones, a humidistat shall be provided. This device shall be
    30  capable of being set to prevent new energy from being used to
    19790H0080B0082                 - 30 -

     1  produce space relative humidity above 30% R.H.  Where a
     2  humidistat is used in a heating, ventilating and air
     3  conditioning system for controlling moisture removal to maintain
     4  specific selected relative humidities in spaces or zones, it
     5  shall be capable of being set to prevent new energy from being
     6  used to produce a space relative humidity below 60%.
     7     (d)  Temperature zoning.--
     8         (1)  In all buildings and structures of use group R-3, at
     9     least one thermostat for regulation of space temperature
    10     shall be provided for each separate heating, ventilating and
    11     air conditioning system. In addition, a readily accessible
    12     manual or automatic means shall be provided to partially
    13     restrict or shut-off the heating or cooling input to each
    14     zone or floor, excluding unheated or uncooled basements and
    15     garages.
    16         (2)  In all buildings and structures of use group R-2,
    17     each individual dwelling unit shall be considered separately
    18     and shall meet the requirements for one and two-family
    19     dwellings above.
    20         (3)  In all buildings and structures other than use group
    21     R-3 and in spaces other than dwelling units in use group R-2,
    22     at least one thermostat for regulation of space temperature
    23     shall be provided for each separate heating, ventilating and
    24     air conditioning system and for each floor of the building.
    25     (e)  Set-back and shut-off.--
    26         (1)  In all buildings and structures, or portions thereof
    27     of use group R-3, the thermostat, or an alternate means such
    28     as a switch or a clock, shall provide a readily accessible,
    29     manual or automatic means for reducing the energy required
    30     for heating and cooling during periods of nonuse or reduced
    19790H0080B0082                 - 31 -

     1     need.
     2         (2)  In all other buildings and structures, or portions
     3     thereof each heating, ventilating and air conditioning system
     4     shall be equipped with a readily accessible means of reducing
     5     the energy used for heating, ventilating and air conditioning
     6     during periods of nonuse or alternate uses of the building
     7     spaces or zones served by the system, such as with manually
     8     adjustable automatic timing devices, manual devices for use
     9     by operating personnel, or automatic control systems.
    10         (3)  Lowering thermostat set points to reduce energy
    11     consumption of heating systems shall not cause energy to be
    12     expended to reach the reduced setting.
    13  Section 224.  Steam and hot water heating piping.
    14     (a)  Piping insulation.--All piping serving as part of a
    15  heating or cooling system installed to serve buildings and
    16  within buildings shall be thermally insulated as shown in Table
    17  10.
    18                              Table 10
    19                      Minimum Pipe Insulation
    20                                 Insulation thickness in inches
    21             Fluid                       for pipe sizes
    22  Piping  temperature
    23  system     range,   Runouts  1" and  1 1/4-  2 1/2-  5&   8" and
    24  types        F.     up to 2"  less     2       4     6    larger
    25  Heating systems
    26     Steam &
    27     hot water
    28  High pressure/
    29  temp       306-450   1 1/2     1 1/2    2    2 1/2  3 1/2  3 1/2
    30  Med. pressure/
    19790H0080B0082                 - 32 -

     1  temp       251-305   1 1/2     1 1/2    2    2 1/2  3      3
     2  Low pressure/
     3  temp       201-250   1         1       1 1/2 1 1/2  2      2
     4  Low tem-
     5  perature   120-200    1/2       3/4     1    1      1      1 1/2
     6  Steam con-
     7  densate      Any     1         1        1    1 1/2  1 1/2  2
     8  (for feed
     9  water)
    10  Cooling systems
    11  Chilled
    12  water,      40-55     1/2       1/2      3/4 1      1      1
    13  Refrigerant,
    14  or brine  Below 40   1         1       1 1/2  1 1/2 1 1/2  1 1/2
    15  Insulation thicknesses are based on insulation having thermal
    16  resistances in the range of 4.0 to 4.6 per inch of thickness on
    17  a flat surface at a mean temperature of 75 degrees F. Minimum
    18  insulation thickness shall be increased for materials having R
    19  values less than 4.0 or may be reduced for materials having R
    20  values greater than 4.6 per inch of thickness as follows:
    21     (b)  High thermal resistance.--For materials with thermal
    22  resistance greater than R=4.6, the minimum insulation thickness
    23  may be reduced as follows:
    24         4.6 x Table 10 Thickness    =   New Minimum Thickness
    25               Actual R
    26     (c)  Low thermal resistance.--For materials with thermal
    27  resistance less than R=4.0 the minimum insulation thickness
    28  shall be increased as follows:
    29         4.0 x Table 10 Thickness    =   New Minimum Thickness
    30               Actual R
    19790H0080B0082                 - 33 -

     1  Piping insulation, except when needed to prevent condensation,
     2  is not required in any of the following cases:
     3         (1)  Piping installed within heating, ventilating and air
     4     conditioning equipment.
     5         (2)  Piping at temperatures between 55 degrees F. and 120
     6     degrees F.
     7         (3)  When the heat loss or heat gain of the piping,
     8     without insulation, does not increase the energy requirements
     9     of the building.
    10         (4)  Piping installed in basements or cellars in one and
    11     two-family dwellings.
    12     (d)  Vapor barriers.--Where required to prevent condensation,
    13  insulation with vapor barriers shall be installed in addition to
    14  insulation required above.
    15                            SUBCHAPTER F
    16                          PLUMBING SYSTEMS
    17  Section 225.  Purpose.
    18     This subchapter sets forth provisions for design and
    19  equipment selection for energy conservation in service water
    20  heating systems.
    21  Section 226.  Fixtures.
    22     (a)  Lavatories.--Lavatories in restrooms of public
    23  facilities shall be equipped with self-closing outlet devices
    24  which limit the flow of hot water to a maximum of 0.5 Gpm,
    25  devices which limit the outlet temperature to a maximum of 110
    26  degrees F. and self-closing valves which limit the quantity of
    27  hot water to a maximum of 0.25 gallon.
    28     (b)  Showers.--Showers used for other than safety reasons
    29  shall be equipped with flow control devices to limit total flow
    30  to a maximum of 3 Gpm per shower head.
    19790H0080B0082                 - 34 -

     1  Section 227.  Insulation.
     2     (a)  Piping insulation.--Piping in required return
     3  circulation systems shall be insulated so that heat loss is
     4  limited to a maximum of 25 Btuh per square foot of external pipe
     5  surface for above ground piping and a maximum of 35 Btuh per
     6  square foot of external pipe surface for underground piping.
     7  Maximum heat loss shall be determined at a temperature
     8  differential equal to the maximum water temperature minus a
     9  design ambient temperature no higher than 65 degrees F. except
    10  that conformance with table 10 for "low temperature piping
    11  system" shall be deemed as complying with this section.
    12     (b)  Tanks.--Unfired hot water storage tanks shall be
    13  insulated so that heat loss is limited to a maximum of 15 Btuh
    14  per square foot of external tank surface area. For purposes of
    15  determining this heat loss, the design ambient temperature shall
    16  be no higher than 65 degrees F.
    17  Section 228.  Equipment.
    18     (a)  Pump operation.--Circulating hot water systems shall be
    19  arranged so that the circulating pump can be conveniently turned
    20  off either automatically or manually when the hot water system
    21  is not in operation.
    22     (b)  Electric water heaters.--All automatic electric storage
    23  water heaters shall have a stand-by loss not exceeding 4 watts
    24  per square foot of tank surface area. The method of test of
    25  stand-by loss shall be as described in section 4.3.1 of ANSI
    26  C72.1 Household Automatic Electrical Storage-Type Water Heaters.
    27     (c)  Gas and oil-fired water heaters.--All gas and oil-fired
    28  automatic storage heaters shall have a recovery efficiency, ER,
    29  not less than 75% and a stand-by loss percentage S, not
    30  exceeding S=2.3+67/V where V=rated volume in gallons. The method
    19790H0080B0082                 - 35 -

     1  of test of ER and S shall be as described in section 2.7 of ANSI
     2  Z21.10.3 Circulating Tank, Instantaneous and Large Automatic
     3  Storage Type Water Heaters, Approval Requirements for Gas Water
     4  Heaters.
     5  Section 229.  Controls.
     6     (a)  Temperature controls.--All hot water supply systems
     7  shall be equipped with automatic temperature controls capable of
     8  adjustments from the lowest to the highest acceptable
     9  temperature settings for the intended use.
    10     (b)  Shut down.--A separate switch shall be provided to
    11  terminate the energy supplied to electric hot water supply
    12  systems. A separate valve shall be provided to turn off the
    13  energy supplied to the main burner of all other types of hot
    14  water supply systems.
    15                            SUBCHAPTER G
    16                         ELECTRICAL SYSTEMS
    17  Section 230.  System requirements.
    18     (a)  Power factor.--The power factor of the overall
    19  electrical distribution system in a building shall be not less
    20  than 90% under rated design installed load of the building,
    21  either by utilization equipment design or by the use of power
    22  factor corrective devices. The power factor corrective devices
    23  may be installed on individual equipment, rated greater than
    24  1,000 watts and switched therewith, regionally grouped, located
    25  at the service equipment or power factor correction achieved by
    26  other equivalent means. The choice among these corrective
    27  methods should be made based upon an engineering evaluation of
    28  each distribution system.
    29     (b)  Service voltage.--Where a choice of service voltage is
    30  available, the voltage resulting in the least energy loss shall
    19790H0080B0082                 - 36 -

     1  be used.
     2     (c)  Voltage drop.--In any building, the maximum total
     3  voltage drop shall not exceed 3% in branch circuits or feeders,
     4  for a total of 5% to the farthest outlet based on steady state
     5  design load conditions.
     6     (d)  Lighting switching.--Switching shall be provided for
     7  each lighting circuit, or for portions of each circuit, so that
     8  the partial lighting required for custodial or for effective
     9  complementary use with natural lighting may be operated
    10  selectively.
    11     (e)  Separate metering.--In all multi-family dwellings
    12  provisions shall be made to determine the electrical energy
    13  consumed by each tenant.
    14                            SUBCHAPTER H
    15                              LIGHTING
    16  Section 231.  Lighting power budget.
    17     A lighting power budget is the upper limit of the power to be
    18  available to provide the lighting needs in accordance with a
    19  given set of criteria and given calculation procedure.
    20  Section 232.  Calculation methods.
    21     The criteria specified below shall be utilized for
    22  computation of the lighting power budget. All calculations shall
    23  be in accordance with accepted engineering practice. When
    24  insufficient information is known about the specific use of the
    25  building space (e.g., number of occupants, space function,
    26  location of partitions), the budget shall be based on the
    27  apparent intended use of the building space.
    28  Section 233.  Building interiors.
    29     (a)  Procedure.--The allowable electric power for lighting
    30  shall be established by using the criteria and the calculation
    19790H0080B0082                 - 37 -

     1  procedures specified in section 236. The value shall be based on
     2  the use for which the space within the building is intended and
     3  on efficient energy utilization.
     4     (b)  Illumination level criteria.--For the purpose of
     5  establishing a budget, levels of illumination shall be those
     6  listed in fig. 9-80 of the IES Lighting Handbook, and those
     7  levels shall be used as follows:
     8         (1)  For task lighting, the levels of illumination listed
     9     are for specific tasks. These levels are for the task areas
    10     defined in the IES Lighting Handbook or, where not defined,
    11     at all usable portions of task surfaces. In some cases, the
    12     levels of illumination are listed for locations (e.g.,
    13     auditoriums). These levels are to be considered as average
    14     levels.
    15         (2)  For general lighting, in areas surrounding task
    16     locations, the average level of general lighting, for budget
    17     purposes only, shall be one-third the level for the tasks
    18     performed in the area but in no case less than 20-foot
    19     candles. Where more than one task level occurs in a space,
    20     the general level shall be one-third the weighted average of
    21     the specific task levels.
    22         (3)  For noncritical lighting, in circulation and seating
    23     areas, where no specific visual tasks occur, the average
    24     level of illumination shall be one-third of the average
    25     general lighting in the adjacent task spaces but in no case
    26     less than ten-foot candles.
    27         (4)  For the purpose of establishing a power budget, only
    28     lamp efficacies and coefficients of utilization (CU)
    29     specified in Table 11, shall be assumed.
    30  Section 234.  Building exteriors.
    19790H0080B0082                 - 38 -

     1     (a)  Basis on use.--In exterior spaces, the lighting power
     2  budget shall be based on the use of which the space is intended
     3  (for task performance, safety, or security) and on efficient
     4  energy utilization.
     5     (b)  Criteria.--The same criteria as those for interior
     6  spaces apply for illumination levels and lighting systems with
     7  the addition of luminaires for flood lighting. For power budget
     8  purposes floodlighting shall be selected with luminaires having
     9  a greater percentage of their beam lumens restricted to the area
    10  to be lighted. Such luminaires are defined as those with at
    11  least the minimum efficiencies listed in the IES Lighting
    12  Handbook.
    13     (c)  Facade lighting.--Facade lighting for budget purposes
    14  shall be no greater than 2% of the total interior load of the
    15  building.
    16     (d)  Calculation procedure.--In establishing a lighting power
    17  budget the following procedures shall be used:
    18         (1)  For overhead lighting the procedure specified in
    19     section 236 shall be followed, but using reflectances as
    20     found.
    21         (2)  For flood lighting the beam lumen method, as shown
    22     in the IES Lighting Handbook and a coefficient of beam
    23     utilization (CBU) of 0.75 shall be used for floodlighting
    24     calculations.
    25  Section 235.  Exceptions to criteria.
    26     (a)  Interiors.--The criteria of section 233 shall not apply
    27  to the following areas when calculating the load:
    28         (1)  Portions of residential occupancies except for
    29     kitchens, bathrooms, and laundry areas and public spaces
    30     including lobbies, halls, stairways, basement areas, and
    19790H0080B0082                 - 39 -

     1     utility rooms.
     2         (2)  Residential type spaces similar to those stated in
     3     paragraph (1) in institutions, such as hospitals, hotels,
     4     funeral homes, churches, museums, etc.
     5         (3)  Theater auditoriums, entertainment and audiovisual
     6     presentations where the lighting is an essential technical
     7     element for the function performed.
     8     (b)  Exteriors.--The criteria of section 234 shall not apply
     9  to the following lamps and luminaires; however, their use shall
    10  be accounted for in the calculation of task lighting loads for
    11  specific tasks. The allowable load shall be based on the
    12  luminary wattage to achieve the levels of illumination as
    13  covered in section 233 using a point calculation method given in
    14  the IES Lighting Handbook. The excepted lamps and luminaires are
    15  as follows:
    16         (1)  Luminaires for medical and dental purposes.
    17         (2)  Luminaires for highlighting applications, such as
    18     sculpture exhibits, art exhibits, and individual items of
    19     display merchandise.
    20         (3)  Luminaires for specialized lighting applications
    21     (color matching, where electrical interference cannot be
    22     tolerated, etc.).
    23     (c)  Control of reflectances.--The criteria of Table 11 shall
    24  not apply in spaces where it is impractical to control
    25  reflectances and where a dirty atmosphere cannot be avoided.
    26  Where this condition exists, the values for reflectances and
    27  light loss factors shall be those expected to be found and shall
    28  be approved by the department. The calculation shall make a note
    29  of this deviation.
    30  Section 236.  Calculation procedure.
    19790H0080B0082                 - 40 -

     1     (a)  Illumination levels and areas.--To establish
     2  illumination levels and areas, the following procedure shall be
     3  used:
     4         (1)  Determine the visual tasks that are expected to be
     5     performed in each space and the number of planned work
     6     locations where tasks will be performed. If assumptions are
     7     made, their bases shall be indicated.
     8         (2)  Select the illumination level, in foot-candles for
     9     those expected tasks in accordance with section 233(b)(1).
    10         (3)  Calculate total task areas to be illuminated to the
    11     same level by multiplying the number of work locations by 50
    12     square feet per work location. (Total task areas shall not
    13     exceed actual total space area). If actual task area is
    14     greater than 50 square feet the actual area shall be used. If
    15     special task lighting or localized lighting is to be
    16     employed, use the actual task areas and point calculation
    17     procedures.
    18         (4)  Calculate the level of general lighting by
    19     multiplying the task lighting level by one-third, where there
    20     is only one task level, or by taking one-third of the sum of
    21     the products of the task levels as provided for in paragraph
    22     (2) and their areas as provided for in paragraph (3) divided
    23     by the total task areas.
    24         (5)  Calculate the level of noncritical lighting.
    25     (b)  Lighting system data.--To establish lighting system
    26  data, the following shall be used:
    27         (1)  Light source and luminaire types to use.
    28         (2)  Lamp lumens per watt and luminaire coefficients of
    29     utilization for room and luminaire mounting height
    30     dimensions. Luminaire CUs shall be selected from the IES
    19790H0080B0082                 - 41 -

     1     Lighting Handbook. In all cases, no luminaire shall have a CU
     2     for RCR = 1 of less than that given in Table 11 lamp
     3     efficacies for the appropriate space.
     4     (c)  Allowable wattage.--To establish allowable wattage, the
     5  following shall be used:
     6         (1)  Using data from subsection (b), the illumination
     7     levels and areas determined in subsection (a), and the
     8     criteria of Table 11 on Reflectance, calculate the allowable
     9     wattages using the lumen method.
    10         (2)  Calculate the total space wattage by adding the
    11     task, general and noncritical lighting loads.
    12         (3)  Add the wattage of luminaires allowed in section
    13     235(b).
    14                              Table 11
    15     (a)  Lamp efficacies.--The following are initial lumen output
    16  per watt input, including ballast losses:
    17                 Application                             Lumens
    18                                                        per Watt
    19     Where moderate color rendition is appropriate         55
    20     Where good color rendition is appropriate             40
    21     Where high color rendition is appropriate,
    22     spaces are less than 50 square feet or where
    23     use of low wattage High Intensity Discharge
    24     (HID) lamps under 250 W or fluorescent
    25     lamps under 40 W is appropriate                       25
    26     (b)  Luminary coefficients of utilization (CU).--Coefficients
    27  of utilization (CUs) are to be for luminaires for use in the
    28  types of spaces listed below, and those luminaires shall have a
    29  CU of no less than that listed below (for each type space) for a
    30  Room Cavity Ratio (RCR) of 1 and reflectances as in (c).
    19790H0080B0082                 - 42 -

     1                 Space Use                           Minimum CU
     2                                                    (at RCR = 1)
     3     For spaces with tasks subjected to veiling
     4     reflections where design levels of
     5     illumination are listed in terms of
     6     equivalent sphere illumination (ESI) and
     7     where visual comfort is important.                  0.55
     8     For spaces without tasks, or with tasks
     9     not subjected to veiling reflections, but
    10     where visual comfort is important.                  0.63
    11     For spaces without tasks and where visual
    12     comfort is not a criterion                          0.70
    13     (c)  Other criteria; reflectances.--For interior spaces, the
    14  following initial cavity and surface reflectances shall be
    15  assumed:
    16     Ceiling cavity reflectance              80%
    17     Wall reflectance                        50%
    18     Floor cavity reflectance                20%
    19  Light Loss Factor.  A light loss factor (LLF) of 0.70 shall be
    20  used.
    21                            SUBCHAPTER I
    22                        ALTERNATIVE SYSTEMS
    23  Section 237.  Performance alternative.
    24     Alternative building systems and equipment design may be
    25  approved by the department when they can be shown to have energy
    26  consumption not greater than that of a similar building with
    27  similar forms of energy requirements, designed in accordance
    28  with the provisions of this act or when they can be shown to
    29  have energy consumption not greater than that which shall be
    30  established by the department with the approval of the Building
    19790H0080B0082                 - 43 -

     1  Energy Conservation Committee, for the purposes of this section:
     2  Provided, however, That for all buildings classified as Use
     3  Group R-3 alternate building systems and equipment design which
     4  satisfy the criteria of this section shall not require the
     5  approval of the department but the use of such an alternate
     6  building system or equipment design shall be indicated in the
     7  warranty provided in section 306.
     8  Section 238.  Nondepletable sources.
     9     When such alternative systems utilize solar, geothermal, wind
    10  or other nondepletable energy sources for all or part of their
    11  energy sources, such nondepletable energy supplied to the
    12  building shall be excluded from the total energy chargeable to
    13  the proposed alternative design.
    14  Section 239.  Documentation.
    15     Proposed alternative designs, submitted to the department as
    16  requests for exception to the standard design criteria, must be
    17  accompanied by an energy analysis prepared in accordance with
    18  the ASHRAE Standard 90-75.
    19                            SUBCHAPTER J
    20                USE GROUP R-3 PRESCRIPTIVE STANDARDS
    21  Section 240.  Minimum insulation requirements for Use Group R-3.
    22     Use Group R-3 buildings shall be constructed utilizing the
    23  following minimum insulation standards:
    24  Ceilings                                           R - 19
    25  Exterior Walls                                     R - 13
    26  Floors Over Unheated Basements
    27     and Crawl Spaces *                              R - 11
    28     * Basements containing a furnace
    29       and/or hot water heater may be
    30       considered heated
    19790H0080B0082                 - 44 -

     1  Edge Insulation for:
     2     Heated Slabs                                    R - 6.3
     3     Unheated Slabs                                  R - 4.2
     4  Windows                                        Multiglazing
     5  Entrance Doors                                     R - 2.5
     6  Sliding Glass Doors (if applicable)            Multiglazing
     7  Ducts in Unheated Areas                            R - 3
     8                             CHAPTER 3
     9              APPLICATION OF STANDARDS: ESTABLISHMENT
    10                     OF COMMITTEE AND PENALTIES
    11  Section 301.  Modification of standards; criteria.
    12     The department, with the approval of the Building Energy
    13  Conservation Committee established pursuant to section 304,
    14  after one or more public hearings, may recommend to the General
    15  Assembly modifications to the energy conservation standards
    16  contained in Chapter 2 hereof. Any recommended modification to
    17  the energy conservation standards shall meet the following
    18  criteria:
    19         (1)  It shall be consistent with the latest and most
    20     effective technology.
    21         (2)  It shall not be in conflict with existing safeguards
    22     for public health and safety.
    23         (3)  It shall be economically feasible as determined by
    24     life-cycle-cost procedures.
    25         (4)  It shall be sufficiently stringent to effect a
    26     significant savings of energy resources.
    27         (5)  It shall be a performance standard for the design of
    28     buildings and systems within buildings to assure maximum
    29     practical conservation of energy.
    30         (6)  Consideration shall be given to building and energy
    19790H0080B0082                 - 45 -

     1     standards promulgated by national and other state
     2     governmental agencies, private organizations and any other
     3     available energy data, as well as the total energy allocation
     4     approach.
     5  Section 302.  Application of energy conservation standards.
     6     The energy conservation standards contained herein or as
     7  promulgated by the department with the approval of the Building
     8  Energy Conservation Committee shall apply to new buildings or to
     9  renovations on which actual construction and/or design has not
    10  commenced prior to their effective dates. No department, board,
    11  agency or commission other than as provided herein, shall
    12  promulgate or adopt any rules or regulations which deal with any
    13  subject matter contained in this act.
    14  Section 303.  Energy conservation manual for buildings.
    15     (a)  Production of manual.--Concurrent with the adoption of
    16  the energy conservation codes required by this act, the
    17  department shall produce an energy conservation manual for use
    18  by designers, builders, contractors of residential and
    19  nonresidential buildings, and municipalities of the
    20  Commonwealth. This manual shall contain the established
    21  standards and accepted practices. The manual shall further
    22  contain prescriptive standards which, if complied with, will
    23  result in conformance with the performance standards contained
    24  herein or as promulgated by the department and shall be written
    25  in such manner as to be easily understood by persons possessing
    26  a minimal technical background. The manual shall be furnished
    27  upon request to members of the public at a price sufficient to
    28  cover the cost of printing.
    29     (b)  Review of manual.--The manual shall be reviewed by the
    30  department and the Building Energy Conservation Committee at
    19790H0080B0082                 - 46 -

     1  least annually and shall be updated as significant new energy
     2  conservation information becomes available.
     3     (c)  Educational programs.--The department shall provide
     4  seminars and other educational programs throughout the
     5  Commonwealth to provide information and counseling to builders,
     6  architects, other licensed design professionals, local building
     7  officials and other persons affected by this act on the
     8  standards contained herein or as promulgated by the department.
     9  Section 304.  Building Energy Conservation Committee.
    10     (a)  Composition of committee.--In order to further the
    11  coordinated and effective administration of this act, there is
    12  hereby established a Building Energy Conservation Committee. It
    13  shall consist of at least 30 members and no more than 40
    14  members, the membership of which shall be appointed by the
    15  Governor and shall include a representative of each of the
    16  following entities or their successors:
    17         (1)  Department of Education.
    18         (2)  Governor's Energy Council.
    19         (3)  Department of General Services.
    20         (4)  Department of Labor and Industry.
    21         (5)  Department of Community Affairs.
    22         (6)  Pennsylvania Builders Association.
    23         (7)  Pennsylvania Associated Builders and Contractors,
    24     Inc.
    25         (8)  Pennsylvania Building Officials Conference.
    26         (9)  Mechanical Contractors Association of America.
    27         (10)  Pennsylvania Chamber of Commerce.
    28         (11)  General Contractors Association of Pennsylvania.
    29         (12)  Pennsylvania Society of Architects.
    30         (13)  Pennsylvania Society of Professional Engineers.
    19790H0080B0082                 - 47 -

     1         (14)  American Society of Heating, Refrigerating and Air
     2     Conditioning Engineers, Inc..
     3         (15)  Pennsylvania Gas Association.
     4         (16)  Pennsylvania Electric Association.
     5         (17)  Industrialized Housing Manufacturers Association.
     6         (18)  Thermal Insulation Manufacturers Association.
     7         (19)  Pennsylvania Building Trades Council.
     8         (20)  Consulting Engineers Council of Pennsylvania.
     9         (21)  Pennsylvania League of Cities.
    10         (22)  Pennsylvania State Association of Boroughs.
    11         (23)  Pennsylvania State Association of Township
    12     Commissioners.
    13         (24)  Pennsylvania State Association of Township
    14     Supervisors.
    15         (25)  Public Utility Commission.
    16         (26)  National Association of Industrial and Office
    17     Parks.
    18         (27)  Pennsylvania Utilities, Railroad and Area
    19     Development Association.
    20         (28)  Representatives of such other agencies and
    21     organizations or individuals as the Governor may find are
    22     necessary and proper to carry out the purposes of the
    23     committee including, but not limited to, labor organizations,
    24     financial and lending institutions, and consumer groups.
    25     (b)  Powers and duties.--In addition to the powers and duties
    26  enumerated in this act, the Building Energy Conservation
    27  Committee shall:
    28         (1)  Be responsible for the regular exchange of
    29     information and plans regarding building energy conservation,
    30     for the development, review and approval of proposed and
    19790H0080B0082                 - 48 -

     1     existing standards, guidelines, regulations, and manuals.
     2         (2)  Elect from its members a Board on Variances.
     3     (c)  Expenses.--The members of the committee shall not
     4  receive any compensation for their services but shall be
     5  reimbursed for their actual and necessary expenses incurred in
     6  the performance of their duties. Provided, however, when acting
     7  on matters concerning variances members of the Board on
     8  Variances shall receive $50 per day plus their actual and
     9  necessary expenses.
    10  Section 305.  Certification.
    11     (a)  Applicability.--The provisions of this section shall
    12  apply to all buildings subject to this act except those
    13  classified as Use Group R-3.
    14     (b)  Compliance with act.--It shall be the duty of the
    15  licensed design professional retained in connection with the
    16  design or construction of a building to certify the drawings,
    17  specifications and other data showing compliance with the
    18  provisions of this act, except as provided in subsection (e). If
    19  the building is subject to the provisions of the act of April
    20  27, 1927 (P.L.465, No.299), referred to as the Fire and Panic
    21  Act, the certification required hereunder shall be submitted on
    22  a form with the application for plan approval under the said
    23  Fire and Panic Act.
    24     (c)  Inspection.--Each licensed design professional retained
    25  by the owner or his designee, where any of such are retained
    26  during the construction of a building, shall make periodic
    27  inspections of the building progression to insure compliance
    28  with this act, except as provided in subsection (e).
    29     (d)  Final certification.--Each licensed design professional
    30  retained by the owner shall make a final certification of every
    19790H0080B0082                 - 49 -

     1  completed building showing compliance with the provisions of
     2  this act, except as provided in subsection (e).
     3     (e)  Certification by builder.--If a licensed design
     4  professional is not retained in connection with the design and
     5  construction of a building, it shall be the responsibility of
     6  the builder or owner, if he is the builder, to perform the
     7  inspections and certification required by this section.
     8  Section 306.  Use Group R-3; notice; warranty.
     9     (a)  Notice.--Prior to construction of any building
    10  classified as Use Group R-3, the builder shall notify the
    11  department by certified mail of his intent to begin
    12  construction. Such notice shall contain the name of the owner of
    13  the building and its location.
    14     (b)  Warranty.--At the time a contract for the construction
    15  of any building classified as Use Group R-3 is entered into, the
    16  builder shall warrant to the owner in writing that the building
    17  shall be constructed in accordance with the provisions of this
    18  act. Such warranty shall be a document separate from the
    19  contract and shall be in the following form:
    20     I,  (Builder)  , hereby warrant to  (Owner)  that the
    21  premises known as  (Description)
    22  shall be constructed in accordance with the provisions of the
    23  Act of __________, 19__, No.____, known as the "Building Energy
    24  Conservation Act."  This law provides building and equipment
    25  standards to make your home energy efficient and also provides
    26  you with legal remedies if your home is not built according to
    27  the State standards.  If you would like the State to do an
    28  energy audit of your home to determine if it conforms to State
    29  standards, you may call the Pennsylvania Department of
    30  Community Affairs at  (Telephone)  , and they will perform an
    19790H0080B0082                 - 50 -

     1  inspection of your home for a fee of $25.
     2     Indicate if alternate building system or equipment design is
     3  being employed.
     4     (c)  If the builder is also the owner of the building at the
     5  time of construction, he shall provide the warranty required by
     6  subsection (b) at the time of its initial sale to a new owner.
     7  Such warranty shall be in substantially the same form as
     8  provided in subsection (b).
     9     (d)  Failure to provide notice.--The Department of Community
    10  Affairs, after hearing, may assess a civil penalty payable to
    11  the Commonwealth of Pennsylvania not to exceed $100 upon any
    12  builder who fails to give the notice required by subsection (a).
    13  In determining the amount of the civil penalty, the Department
    14  of Community Affairs shall consider the willfulness of the
    15  violation and the cost incurred by the department in discovering
    16  the violation.
    17     (e)  Failure to provide warranty.--Whenever a builder fails
    18  to provide the warranty required by subsections (b) or (c) such
    19  required warranty shall constitute an implied warranty and the
    20  owner's right to proceed under section 315(a) shall not be
    21  affected. If it is established by a preponderance of the
    22  evidence that the builder's failure to provide the warranty was
    23  willful, then damages in twice the amount provided in section
    24  315 may be awarded.
    25  Section 307.  Variances.
    26     (a)  Requests.--Any request for a variance from the energy
    27  conservation standards contained herein shall be made to the
    28  Board on Variances of the Building Energy Conservation Committee
    29  and a decision on such request shall be made within 30 days of
    30  its filing.
    19790H0080B0082                 - 51 -

     1     (b)  Criteria.--A variance shall be granted only if it is
     2  found that:
     3         (1)  compliance with the provisions of this act would
     4     result in extreme hardship to the owner; and
     5         (2)  the granting of such variance would not result in a
     6     significant increase in the energy usage of the building.
     7  Section 308.  Building permits.
     8     Any building permit issued by the Commonwealth or any of its
     9  political subdivisions shall have printed upon its face notice
    10  that the provisions of this act must be complied with.
    11  Section 309.  Permits for use or occupancy.
    12     Before any building or structure hereafter constructed, other
    13  than a building classified as Use Group R-3, shall be used or
    14  opened for occupancy, the owner thereof shall notify the
    15  department of the completion of the building for the purposes of
    16  this act and submit the necessary certification therewith:
    17  Provided, however, That if a municipality elects to administer
    18  the provisions of this act under Chapter 5 such notice and
    19  certification shall be submitted to the municipality which shall
    20  forward a copy of the notice to the department. No permit for
    21  use or occupancy shall be granted until such submission has been
    22  made. No building official of the Commonwealth or any of its
    23  political subdivisions shall issue a permit until he has
    24  received proof of such compliance. Where the certificate has
    25  been submitted to the department, presentation to the building
    26  official of the mailing receipt together with a copy of the
    27  certification required by section 305 shall establish proof of
    28  compliance for the purposes of this section. Upon such
    29  presentation any building official of the Commonwealth or any of
    30  its political subdivisions shall issue a permit for use or
    19790H0080B0082                 - 52 -

     1  occupancy, provided all other criteria for such a permit have
     2  been satisfied and said building official shall notify the
     3  department that he has issued the same.
     4  Section 310.  Failure to submit certification.
     5     Whenever the owner of any building, other than a building
     6  classified as Use Group R-3, shall fail to give the notice and
     7  submit the necessary certification in accordance with section
     8  309 and shall nevertheless proceed with the use or occupancy of
     9  the building, the department or the municipality shall serve
    10  notice on the said owner that he is in violation of this act and
    11  order him to comply therewith.
    12  Section 311.  Inspections.
    13     The department may perform a nondestructive inspection within
    14  two years of the date of completion of construction of any
    15  building constructed after the effective date of this act to
    16  determine compliance with the provisions of this act, provided
    17  at least 30 days notice has been given to the owner. The
    18  department may also perform such inspections at the request of
    19  the owner of any building subject to this act for a fee of $25.
    20  Section 312.  Appeals.
    21     Review of any decisions rendered under the provisions of this
    22  act shall be brought in the court of common pleas of the county
    23  wherein the building is situated. Such review shall be limited
    24  to determining whether any such decision was arbitrary and
    25  capricious.
    26  Section 313.  Penalties.
    27     (a)  Applicability.--The provisions of this section shall
    28  apply to all buildings subject to this act except those
    29  classified as Use Group R-3.
    30     (b)  Violations of act.--Any person who shall willfully or
    19790H0080B0082                 - 53 -

     1  negligently violate any of the provisions of this act, or the
     2  rules and regulations or the orders for the enforcement of the
     3  said provisions or rules and regulations issued by duly
     4  authorized officers of the department or who shall hinder, delay
     5  or interfere with any officer charged with the enforcement of
     6  this act in the performance of his duty, shall, upon conviction
     7  thereof, be punished by a fine of not more than $300 and costs.
     8  In the event of violation of more than one provision of this
     9  act, the violation of each provision shall be deemed a separate
    10  and distinct offense for the purposes of this section.
    11     (c)  Institution of proceedings.--Prosecutions for violations
    12  of this act or the rules and regulations of the department may
    13  be instituted by the Secretary of Labor and Industry or under
    14  his directions by an authorized representative of the
    15  department. Upon conviction after a hearing in a court of
    16  competent jurisdiction, the sentences provided in this act shall
    17  be imposed and shall be final unless an appeal be taken in the
    18  manner prescribed by law.
    19     (d)  Disposition of fines.--All fines collected under this
    20  act shall be forwarded to the department who shall pay the same
    21  into the State Treasury for the use of the Commonwealth.
    22     (e)  False certification.--Any architect or other licensed
    23  design professional who willfully provides a false certification
    24  for any building subject to the provisions of this act shall be
    25  subject to the suspension or revocation of his license by the
    26  State Board of Examiners of Architects or other applicable State
    27  licensing board.
    28  Section 314.  Enforcement.
    29     (a)  Applicability.--The provisions of this act shall apply
    30  to every building enumerated in this act, including buildings
    19790H0080B0082                 - 54 -

     1  owned in whole or in part by the Commonwealth or any political
     2  subdivision thereof, and for all buildings, other than those
     3  classified as Use Group R-3 shall be enforced by the Secretary
     4  of Labor and Industry, by and through his authorized
     5  representatives.
     6     (b)  Powers of officers.--For the purpose of enforcing the
     7  provisions of this act, all the officers charged with its
     8  enforcement shall have the power to enter any of the buildings
     9  enumerated in this act, and no person shall hinder or delay, or
    10  interfere with any of the said officers in the performance of
    11  his duty, nor refuse any pertinent information necessary to
    12  determine whether the provisions of this act and the rules and
    13  regulations herein provided for, are or will be complied with.
    14  Section 315.  Civil action.
    15     (a)  Use Group R-3.--The owner of any building subject to the
    16  requirements of section 306 who is aggrieved as the result of
    17  such building not being properly designed or constructed in
    18  conformance with this act shall have a right of action for
    19  breach of warranty. Remedies may include specific performance or
    20  an award of damages in an amount not less than $300. Attorney's
    21  fees shall be recoverable in any action in which the owner
    22  prevails. Any such award shall further provide for payment of
    23  the actual costs in excess of $25 incurred by the department if
    24  it inspected the building for the owner and the owner shall
    25  remit such amount to the department.
    26     (b)  Other buildings.--The owner of any building, other than
    27  a building classified as Use Group R-3, at the time of its
    28  design or construction under the provisions of this act who is
    29  aggrieved as the result of such building not being properly
    30  designed or constructed in conformance with this act shall have
    19790H0080B0082                 - 55 -

     1  a right of action against any person who is required to submit
     2  the certificate required by section 305.
     3     (c)  Limitation of action.--No action brought under this
     4  section shall be maintained unless brought within three years
     5  from the date of completion of the building.
     6                             CHAPTER 4
     7                    ADOPTION OF FUTURE STANDARDS
     8  Section 401.  Adoption and promulgation of standards.
     9     The department, with the approval of the Building Energy
    10  Conservation Committee, shall, after one or more public
    11  hearings, adopt and publish energy conservation standards for
    12  all buildings covered by this act in accordance with the
    13  provisions of the act of July 31, 1968 (P.L.769, No.240), known
    14  as the "Commonwealth Documents Law." The purpose of such
    15  standards is to reduce wasteful or uneconomic consumption of
    16  energy by balancing the cost of energy procurement against the
    17  cost of energy-conserving building practices. The energy
    18  conservation standards shall meet the following criteria:
    19         (1)  They shall be consistent with the latest and most
    20     effective technology.
    21         (2)  They shall not be in conflict with existing
    22     safeguards for public health and safety.
    23         (3)  They shall be economically feasible as determined by
    24     life-cycle-cost procedures.
    25         (4)  They shall be sufficiently stringent to effect a
    26     significant savings of energy resources.
    27         (5)  They shall be a performance standard for the design
    28     of buildings and systems within buildings to assure maximum
    29     practical conservation of energy.
    30         (6)  Consideration shall be given to building and energy
    19790H0080B0082                 - 56 -

     1     standards promulgated by national and other State
     2     governmental agencies, private organizations and any other
     3     available energy data, as well as the total energy allocation
     4     approach.
     5                             CHAPTER 5
     6                           LOCAL ELECTION
     7  Section 501.  Election; Use Group R-3.
     8     Any municipality of this Commonwealth may elect to administer
     9  the provisions of this act relating to Use Group R-3 buildings,
    10  as defined in section 103, except for units subject to the act
    11  of May 11, 1972 (P.L.286, No.70), known as the "Industrialized
    12  Housing Act" and the act of May 11, 1972 (P.L.281, No.69), known
    13  as the "Uniform Standards Code for Mobile Homes." Such election
    14  shall be made by resolution of the governing body of such
    15  municipality which shall be in substantially the following form:
    16     The (city, borough, town, or township) of____________________
    17  hereby elects to administer the provisions of the act
    18  of____________, 1978, No._______ known as the "Building Energy
    19  Conservation Act" for Use Group R-3 buildings as defined
    20  therein.
    21  Section 502.  Election; cities of the first, second and second
    22                class A.
    23     Any city of the first class, second class and second class A
    24  may elect to administer the provisions of this act for all
    25  buildings subject hereto, except for units subject to the act of
    26  May 11, 1972 (P.L.286, No.70), known as the "Industrialized
    27  Housing Act" and the act of May 11, 1972 (P.L.281, No.69), known
    28  as the "Uniform Standards Code for Mobile Homes." Such election
    29  shall be made by resolution of the governing body of such city
    30  which shall be in substantially the following form:
    19790H0080B0082                 - 57 -

     1     The city of________________hereby elects to administer the
     2  provisions of the act of _________, 1978, No._______ known as
     3  the "Building Energy Conservation Act."
     4  Section 503.  Powers of municipalities.
     5     Any municipality electing to administer the provisions of
     6  this act under section 501 or 502 shall exercise the same powers
     7  conferred upon the department by this act, including the power
     8  to institute proceedings for violations of the act, with the
     9  exception of those powers specified in sections 301, 303 and in
    10  Chapter 4. In addition, any such municipality may exercise such
    11  other administrative and enforcement procedures as it shall deem
    12  necessary to effect the purposes of this act including, but not
    13  limited to, prior plan approval, building permit requirements,
    14  use or occupancy permit requirements and inspections during the
    15  course of construction.
    16  Section 504.  Variances.
    17     Any municipality electing to administer the provisions of
    18  this act under section 501 or 502 shall establish a Board on
    19  Variances to make determinations on request for variance from
    20  the energy conservation standards contained herein or as
    21  promulgated by the department with the approval of the Building
    22  Energy Conservation Committee, and is authorized exclusive
    23  jurisdiction to grant such variances, section 307(a)
    24  notwithstanding. A variance shall only be granted if the
    25  criteria of section 307(b) have been satisfied.
    26  Section 505.  Disposition of fines.
    27     Any fines collected under this act by any municipality
    28  electing to administer the provisions of this act under section
    29  501 or 502 shall be retained by the municipality, section 313(c)
    30  notwithstanding.
    19790H0080B0082                 - 58 -

     1                             CHAPTER 6
     2                     REPORT TO GENERAL ASSEMBLY
     3  Section 601.  Report to General Assembly.
     4     Thirty months after the effective date of this act, the
     5  department shall report to the General Assembly the results of
     6  the inspections it has performed under this act together with a
     7  report on public compliance with this act.
     8  Section 602.  Effective date.
     9     This act shall take effect as follows:
    10         (1)  Chapter 2 shall take effect January 1, 1980 and
    11     shall remain in full force and effect for a period of one
    12     year after which time the provisions of Chapter 2 shall have
    13     no legal effect.
    14         (2)  Section 301 shall take effect July 1, 1979 and its
    15     provisions shall remain in full force and effect for a period
    16     of 18 months after which time said provisions shall have no
    17     legal effect.
    18         (3)  Chapter 4 shall take effect January 1, 1981.
    19         (4)  All other provisions of this act shall take effect
    20     July 1, 1979.







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