PRIOR PRINTER'S NOS. 82, 1552, 1876, PRINTER'S NO. 2451 1910
No. 80 Session of 1979
INTRODUCED BY MESSRS. ITKIN, J. L. WRIGHT, B. F. O'BRIEN, BURNS, McCALL, SWEET, SEVENTY, IRVIS, MANDERINO, CESSAR AND PERZEL, FEBRUARY 5, 1979
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 14, 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
1 Standards 2 Section 204. Definitions relating to standards. 3 Subchapter D. Building Envelope 4 Section 205. General provisions. 5 Section 206. Criteria for residential buildings. 6 Section 207. Other buildings. 7 Section 208. Air leakage. 8 Subchapter E. Warm Air Heating, Ventilating and Air 9 Conditioning Systems and Equipment 10 Section 209. General provisions. 11 Section 210. Design requirements. 12 Section 211. Cooling with outdoor air. 13 Section 212. Mechanical ventilation. 14 Section 213. Simultaneous heating and cooling. 15 Section 214. Recovered energy. 16 Section 215. New energy. 17 Section 216. Reheat systems. 18 Section 217. Dual duct and multizone systems. 19 Section 218. Recooling systems. 20 Section 219. Multiple zones. 21 Section 220. Concurrent operation. 22 Section 221. Equipment performance requirements. 23 Section 222. Duct insulation. 24 Section 223. System controls. 25 Section 224. Steam and hot water heating piping. 26 Subchapter F. Plumbing Systems 27 Section 225. Purpose. 28 Section 226. Fixtures. 29 Section 227. Insulation. 30 Section 228. Equipment. 19790H0080B2451 - 2 -
1 Section 229. Controls. 2 Subchapter G. Electrical Systems 3 Section 230. System requirements. 4 Subchapter H. Lighting 5 Section 231. Lighting power budget. 6 Section 232. Calculation methods. 7 Section 233. Building interiors. 8 Section 234. Building exteriors. 9 Section 235. Exceptions to criteria. 10 Section 236. Calculation procedure. 11 Subchapter I. Alternative Systems 12 Section 237. Performance alternative. 13 Section 238. Nondepletable sources; EXEMPTION. <-- 14 Section 239. Documentation. 15 Subchapter J. Use Group R-3 Prescriptive Standards 16 Section 240. Minimum insulation requirements for Use 17 Group R-3. 18 Chapter 3. Application of Standards: Establishment of 19 Committee and Penalties 20 Section 301. Modification of standards; criteria. 21 Section 302. Application of energy conservation standards. 22 Section 303. Energy conservation manual for buildings. 23 Section 304. Building Energy Conservation Committee. 24 Section 305. Certification. 25 Section 306. Use Group R-3; Notice; Warranty. 26 Section 307. Variances. 27 Section 308. Building permits. 28 Section 309. Permits for use or occupancy. 29 Section 310. Failure to submit certification. 30 Section 311. Inspections. 19790H0080B2451 - 3 -
1 Section 312. Appeals. 2 Section 313. Penalties. 3 Section 314. Enforcement. 4 Section 315. Civil action. 5 Chapter 4. Adoption of Future Standards 6 Section 401. Adoption and promulgation of standards. 7 Chapter 5. Local Election 8 Section 501. Election; Use Group R-3. 9 Section 502. Election; cities of the first, second and 10 second class A. 11 Section 503. Powers of municipalities. 12 Section 504. Variances. 13 Section 505. Disposition of fines and fees. 14 Chapter 6. Report to General Assembly 15 Section 601. Report to General Assembly. 16 Section 602. Effective date. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 CHAPTER 1 20 GENERAL PROVISIONS 21 Section 101. Short title. 22 This act shall be known and may be cited as the "Building 23 Energy Conservation Act." 24 Section 102. Legislative findings and declaration of purpose. 25 (a) Findings.--The Legislature hereby determines that: 26 (1) Energy shortages in the domestic supply present far- 27 reaching problems that promise to persist. These energy 28 shortages affect the continued efficient operation of the 29 Commonwealth's economy and social structure. 19790H0080B2451 - 4 -
1 (2) It is the Commonwealth's responsibility to provide 2 for energy conservation through regulation of design and 3 construction standards. 4 (3) The Legislature intends, by this act, to respond to 5 these shortages by devising a specific responsible energy 6 conservation policy for building systems. 7 (b) Purpose.--The purpose of this act is to grant to the 8 Commonwealth of Pennsylvania and direct it to exercise specific 9 authority in building construction to assure that such 10 construction is performed using materials and techniques that 11 will provide for energy conservation in the future operation and 12 maintenance of said buildings. 13 Section 103. Definitions. 14 The following words and phrases when used in this act shall 15 have, unless the context clearly indicates otherwise, the 16 meanings given to them in this section: 17 "Building." Any structure that provides facilities or 18 shelter for public assembly or for educational, business, 19 mercantile, institutional, warehouse or residential occupancy, 20 or industrial use including, but not limited to, those portions 21 of factory and industrial occupancy such as office space except 22 for: 23 (1) Buildings and structures or portions thereof whose 24 peak design rate of energy usage is less than one watt per 25 square foot or 3.4 BTU/hr per square foot of floor area for 26 all purposes. 27 (2) Structures or those portions of structures used for 28 housing equipment or machinery, or in which manufacturing or 29 processing is done, where the operation of such equipment or 30 machinery, or the manufacturing or processing procedures 19790H0080B2451 - 5 -
1 employed require the use of or generate substantial heat 2 producing energy or cooling within the structure. As used 3 herein, the generation of substantial heat shall mean 4 generation of more than 6 watts per square foot of floor 5 area. 6 (3) Buildings which are neither heated nor cooled. 7 (4) Historic buildings. 8 (5) Buildings owned by the Federal Government. 9 "Construction." The erection, fabrication or renovation of a 10 building. 11 "Department." The Pennsylvania Department of Labor and 12 Industry except that for all units subject to the act of May 11, 13 1972 (P.L.286, No.70), known as the "Industrialized Housing 14 Act," all units subject to the act of May 11, 1972 (P.L.281, 15 No.69), known as the "Uniform Standards Code for Mobile Homes," 16 and all buildings classified as Use Group R-3, herein, 17 department means the Pennsylvania Department of Community 18 Affairs. 19 "Design." Calculations and resultant drawings and 20 specifications which are used for the construction of a 21 building. 22 "Historic building." Any building determined by the State 23 Historic Preservation Officer to meet the criteria for listing 24 on the National Register of Historic Places but only to the 25 extent that compliance with this act would prevent preservation 26 of the historic or architectural integrity of the building. 27 "Licensed design professional." A person licensed as an 28 architect or professional engineer pursuant to the appropriate 29 licensure act. 30 "Life-cycle cost." The cost of a building including its 19790H0080B2451 - 6 -
1 initial cost, the cost of the energy consumed over its economic
2 life and the cost of its operation and maintenance.
3 "Municipality." A city, borough, incorporated town, or <--
4 township OR HOME RULE MUNICIPALITY. <--
5 "Performance standards." Parameters within which designers
6 of buildings shall work. The specific practices that a designer
7 employs shall not be prescribed as long as the result is within
8 the parameters established by the standards.
9 "Renovation."
10 (1) The rehabilitation of an existing building which
11 requires more than 25% of the gross floor area or volume of
12 the entire building to be rebuilt. Cosmetic work such as
13 painting, wall covering, wall paneling, floor covering, and
14 suspended ceiling work shall not be included; or
15 (2) any addition to an existing building. The provisions
16 of this act shall only apply to such portion of the building
17 being renovated and not to the 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
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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 19790H0080B2451 - 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. 19790H0080B2451 - 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. 19790H0080B2451 - 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 19790H0080B2451 - 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 not included in use group R-3; and shall also include
22 all dormitories, boarding and lodging houses arranged for
23 shelter and sleeping accommodation by more than five and not
24 more than 20 individuals.
25 (3) Use group R-3 structures. This use group shall include
26 all buildings arranged for the use of one or two family dwelling
27 units including not more than five lodgers or boarders per
28 family and all rowhouses, and townhouses AND GARDEN APARTMENT <--
29 CONSTRUCTION NOT EXCEEDING THREE STORIES IN HEIGHT used for
30 residential purposes whenever each unit has its own individual
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1 and self supporting heating, ventilating and air conditioning 2 systems. 3 "Resistance, thermal" (R). A measure of the ability to 4 retard the flow of heat. The R value is the reciprocal of a heat 5 transfer coefficient, as expressed by U. (R = 1/U). 6 "Thermal transmittance" (U). Overall coefficient of heat 7 transmission or thermal transmittance (air to air) expressed in 8 units of BTU per hour per square foot per degree F. It is the 9 time rate of heat flow. The U value applies to combinations of 10 different materials used in series along the heat flow path and 11 also to single materials that comprise a building section and 12 include cavity air spaces and surface air films on both sides. 13 "Thermal transmittance" (Uo). Overall (average) heat 14 transmission or thermal transmittance of a gross area of the 15 exterior building envelope, expressed in units of BTU per hour 16 per square foot per degree F. 17 The Uo value applies to the combined effect of the time rate 18 of heat flows through the various parallel paths, such as 19 windows, doors and opaque construction areas, comprising the 20 gross area of one or more exterior building components, such as 21 walls, floor or roof/ceiling. 22 "Thermostat." An instrument which measures changes in 23 temperature and controls devices for maintaining a desired 24 temperature. 25 "Veiling reflections." Regular reflections superimposed upon 26 diffuse reflections from an object that partially or totally 27 obscure the details to be seen by reducing the contrast. This 28 sometimes is called "reflected glare." 29 "Window management." Any one or combination of acts and 30 activities whose purpose is to take maximum advantage of the 19790H0080B2451 - 13 -
1 energy conserving aspects of utilizing solar energy to heat a 2 building and/or utilize solar illumination within a building to 3 augment energy-consuming lighting systems. Such acts and 4 activities include, but are not limited to, building-window 5 siting and orientation, selection of glazing materials, design 6 of overhangs, sun screens or placement of shrubbery. 7 "Work plane." The plane at which work usually is done and at 8 which the illumination is specified and measured. Unless 9 otherwise indicated, this is assumed to be a horizontal plane 30 10 in. (0.76 m) above the floor. 11 "Zone." A space or group of spaces within a building with 12 heating or cooling requirements sufficiently similar so that 13 comfort conditions can be maintained throughout by a single 14 controlling device. 15 SUBCHAPTER D 16 BUILDING ENVELOPE 17 Section 205. General provisions. 18 (a) Purpose of subchapter.--The intent of this subchapter is 19 to provide minimum requirements for exterior envelope 20 construction in the interest of energy conservation. 21 In addition to the criteria set forth in this subchapter 22 provisions shall be made to maximize the energy conserving 23 benefits of solar daylight and passive solar heat gain through 24 window management. The proposed design may also take into 25 consideration the thermal mass of the building in considering 26 energy conservation. The administering agency shall provide the 27 guidelines necessary to implement these provisions. 28 (b) Thermal performance.--All buildings and structures that 29 are heated or mechanically cooled shall be constructed so as to 30 provide the required thermal performance of the various 19790H0080B2451 - 14 -
1 components.
2 The required thermal transmittance value (Uo) of any one
3 component, such as roof/ceiling, wall or floor may be increased
4 and the Uo value for other components decreased provided that
5 the overall heat gain or loss for the entire building envelope
6 does not exceed the total resulting from conformance to the
7 required Uo values.
8 (c) Different requirements.--A building that is designed to <--
9 (C) DIFFERENT REQUIREMENTS.-- <--
10 (1) A BUILDING THAT IS DESIGNED TO be both heated and
11 cooled shall meet the more stringent of the heating or
12 cooling requirements of the exterior envelope as provided in
13 this subchapter when requirements differ.
14 (2) A BUILDING WHICH IS NOT COOLED WHOSE PRIMARY PURPOSE <--
15 IS STORAGE AND HAS AN INDOOR DESIGN TEMPERATURE OF 50 DEGREES
16 F. OR LESS, THE BUILDING IS EXEMPT FROM THE REQUIREMENTS OF
17 THIS SUBCHAPTER.
18 (d) Exterior walls.--For the purpose of this subchapter the
19 gross area of exterior walls consists of all opaque wall areas,
20 including foundation walls above grade, peripheral edges of
21 floors, window areas including sash, and door areas, where such
22 surfaces are exposed to outdoor air and enclose a heated or
23 mechanically cooled space.
24 (e) Roof assembly.--For the purpose of this subchapter a
25 roof assembly shall be considered as all components of the
26 roof/ceiling envelope through which heat flows, thereby creating
27 a building transmission heat loss or gain, where such assembly
28 is exposed to outdoor air and encloses a heated or mechanically
29 cooled space.
30 The gross area of a roof assembly consists of the total
19790H0080B2451 - 15 -
1 interior surface of such assembly, including skylights, exposed 2 to the heated or mechanically cooled space. 3 Where air ceiling plenums are employed, the roof or ceiling 4 assembly shall: 5 (1) For thermal transmittance purposes not include the 6 ceiling proper nor the plenum space as part of the assembly. 7 (2) For gross area purposes be based upon the interior 8 face of the upper plenum surface. 9 Section 206. Criteria for residential buildings. 10 (a) Applicability.--The requirements herein shall apply to 11 all buildings and structures or portions thereof of use groups 12 R-1 and R-2 that are heated or mechanically cooled when not more 13 than 3 stories or 40 feet in height. 14 (b) Walls.--The gross area of exterior walls above grade, 15 including foundation walls, shall have a combined thermal 16 transmittance value (Uo) not exceeding those specified in Table 17 1. 18 Table 1 19 Maximum Allowable "Uo" Values for 20 Gross Exterior Wall Assemblies 21 R-1 and R-2 22 Annual heating degree days* residential 23 4000 0.31 24 5000 0.29 25 6000 0.27 26 7000 0.26 27 *As specified in Chapter 43 ASHRAE Handbook-Systems. 28 (c) Roof/ceiling.--The roof/ceiling assemblies shall have a 29 combined thermal transmittance value (Uo) not to exceed 0.05 30 except that roof/ceiling assemblies in which the finished 19790H0080B2451 - 16 -
1 interior surface is essentially the underside of the roof deck, 2 such as a wooden cathedral ceiling, may have a "Uo" value not to 3 exceed 0.08. These values presume no significant thermal 4 transmission through framing members, skylights or other 5 interruptions in the roof envelope. If such interruptions occur, 6 calculations must be made showing conformance to the required 7 "Uo" values. 8 (d) Floors over unheated spaces.--The floor of a heated or 9 mechanically cooled space located over an unheated space shall 10 have a combined thermal transmittance value (Uo) not to exceed 11 0.08. 12 (e) Slab-on grade floors.-- 13 (1) For slab-on grade floors, the perimeter of the floor 14 shall be insulated with a material having a thermal 15 resistance value (R) not less than those specified in Table 16 2. 17 Table 2 18 Minimum Allowable "R" Values of Perimeter 19 Insulation for Slab-On Grade Floors 20 Annual heating degree days Heated slab Unheated slab 21 4000* 5.5 3.5 22 5000 6.3 4.2 23 6000 7.0 4.9 24 7000 7.8 5.5 25 *Table values may be interpolated. 26 (2) The insulation shall extend downward from the top of 27 the slab for a minimum distance of 24 inches or downward to 28 the bottom of the slab then horizontally beneath the slab for 29 a minimum total distance of 24 inches. 30 Section 207. Other buildings. 19790H0080B2451 - 17 -
1 (a) Coverage.--The heating and cooling requirements herein 2 shall govern all buildings and structures or portions thereof 3 other than defined by section 206. 4 (b) Heating criteria for walls.--All buildings and 5 structures that are heated shall have a combined thermal 6 transmittance value (Uo) for the gross area of exterior walls 7 not exceeding those specified in Table 3. 8 Table 3 9 Maximum Allowable "Uo" Values 10 for Gross Exterior Wall Assemblies 11 3 stories or More than 12 Annual heating degree days 40 ft. or less 3 stories or 13 40 ft. 14 4000 0.31 0.38 15 5000 0.29 0.36 16 6000 0.27 0.33 17 7000 0.26 0.31 18 (c) Heating criteria for roof/ceiling.--All buildings and 19 structures that are heated shall have combined thermal 20 transmittance value (Uo) for roof/ceiling assemblies not 21 exceeding those specified in Table 4. 22 Table 4 23 Maximum Allowable "Uo" Values 24 for Roof/Ceiling Assemblies 25 Annual heating degree days Maximum Uo 26 4000* 0.092 27 5000 0.084 28 6000 0.076 29 7000 0.068 30 *Table values may be interpolated. 19790H0080B2451 - 18 -
1 (d) Heating criteria for floors over unheated spaces.--The
2 floor of a heated space located over an unheated space shall
3 have a thermal transmittance value (Uo) not exceeding 0.08.
4 (e) Heating criteria for slab-on grade floors.--For slab-on
5 grade floors, the perimeter of the floor shall be insulated with
6 a material having a thermal resistance value (R) not less than
7 those specified in Table 5.
8 The insulation shall extend downward from the top of the slab
9 for a minimum distance of 24 inches or downward to the bottom of
10 the slab then horizontally beneath the slab for a minimum total
11 distance of 24 inches.
12 Table 5
13 Minimum Allowable "R" Values of Perimeter
14 Insulation for Slab-On Grade Floors
15 Annual heating degree days Heated slab Unheated slab
16 4000* 5.5 3.5
17 5000 6.3 4.2
18 6000 7.0 4.9
19 7000 7.8 5.5
20 *Table values may be interpolated.
21 (f) Cooling criteria for walls.--All buildings and
22 structures that are mechanically cooled shall have an overall
23 thermal transfer value for the gross area of exterior walls not
24 exceeding 33.5 BTU's per hour per square foot based on the
25 following equation:
26 OTTV = (Uw x Aw X TDEQ) + (Af x Sf x Sc) + (Uf x Af x Delta T)
27 Ao
28 OTTV = Overall thermal transfer value where:
29 Uw = The thermal transmittance of all elements of the opaque
30 wall area Btu/h. ft2.F (W/m2K)
19790H0080B2451 - 19 -
1 Aw = Opaque wall area, ft2 (m2) 2 Uf = The thermal transmittance of the fenestration area 3 Btu/h. ft2.F (W/m2K) 4 Af = Fenestration area, ft2 (m2) 5 TDEQ = Value given in the following table,F, (c): 6 TABLE FOR TEMPERATURE DIFFERENCE 7 Wall Construction-mass per unit area TDEQ 8 LB/FT2 Kg/m2 F C 9 0-25 0-125 44 24.5 10 26-40 126-195 37 21.0 11 41-70 196-345 30 17.0 12 71 and above 346 and above 23 13.0 13 Weight of wall construction shall be determined from the 14 1972 ASHRAE Handbook of Fundamentals, Chapter 22. 15 Sc = Shading coefficient of the fenestration 16 Delta T = Temperature difference between exterior and interior 17 design conditions, F, for which the following 18 temperatures shall apply: 19 Indoor Outdoor 20 F C 21 Winter 72 22.0 97 1/2%* 22 Summer 78 25.5 2 1/2%* 23 * Values from 1972 ASHRAE Handbook of 24 Fundamentals, Chapter 33. 25 SF = Solar factor value given Btu/h.ft2 (W/m2). 26 (use 127 Btu/h.ft2) 27 AO = Gross area of exterior walls, ft2 (m2). The gross 28 area of exterior walls consists of all opaque wall 29 areas (including foundation walls, between floor span- 30 drels, peripheral edges of floors, etc.), window 19790H0080B2451 - 20 -
1 areas (including sash), and door areas, where such 2 surfaces are exposed to outdoor air and enclose a 3 heated and/or mechanically cooled space (including 4 intersticial areas between two such spaces). 5 Note: Where more than one type of wall and/or fenestration 6 is used, the respective term or terms shall be expanded 7 into sub-elements, as: 8 (Uw x Aw x TDEQ) + (Uw2 x Aw2 x TDEQ2), etc. 9 (g) Cooling criteria for roof/ceilings.--All buildings and 10 structures that are mechanically cooled shall have a combined 11 thermal transmittance value (Uo) for roof/ceiling assemblies the 12 same as specified in Table 4 for heating. 13 Section 208. Air leakage. 14 (a) Application.--The requirements of this section shall 15 apply to all buildings and structures and apply only to those 16 locations separating outdoor ambient conditions from interior 17 spaces that are heated or mechanically cooled and are not 18 applicable to separation of interior spaces from each other. 19 (b) Standard.--Compliance with the criteria for air leakage 20 shall be determined by ASTM E-283, Standard Method of Test for 21 Rate of Air Leakage through Exterior Windows, Curtain Walls and 22 Doors, at a pressure differential of 1.567 lb/ft2 which is 23 equivalent to the effect of a 25 m.p.h. wind. 24 (c) Acceptance criteria.--The following criteria shall 25 represent the maximum allowable air leakage: 26 (1) The air infiltration rate for windows shall not 27 exceed 0.5 cfm per foot of sash crack. 28 (2) The air infiltration rate for sliding glass doors in 29 residential buildings shall not exceed 0.5 cfm per square 30 foot of door area. 19790H0080B2451 - 21 -
1 (3) The air infiltration rate for swinging doors in 2 residential buildings shall not exceed 1.25 cfm per square 3 foot of door area. 4 (4) The air infiltration rate for swinging, revolving or 5 sliding doors in other than residential buildings shall not 6 exceed 11 cfm per lineal foot of door crack. 7 (d) Caulking and sealants.--Exterior joints around windows 8 and door frames, between wall cavities and window or door 9 frames, between wall and foundation, between wall and roof, 10 between wall panels, at penetrations or utility services through 11 walls, floors and roofs, and all other openings in the exterior 12 envelope shall be caulked, gasketed, weatherstripped, or 13 otherwise sealed. 14 SUBCHAPTER E 15 WARM AIR HEATING, VENTILATING AND AIR CONDITIONING 16 SYSTEMS AND EQUIPMENT 17 Section 209. General provisions. 18 This subchapter applies to air duct systems employing 19 mechanical means for the movement of air used for warm air 20 heating, ventilating, air conditioning systems, exhaust systems 21 and combination heating and air conditioning systems, except 22 that this subchapter shall not apply to systems for the removal 23 of flammable vapors or residues or to systems for conveying 24 dust, stock or refuse by means of air currents. Heating, 25 ventilating and air conditioning systems of all buildings and 26 structures or portions thereof shall be designed and installed 27 for efficient use of energy as herein provided. For special <-- 28 applications such as hospitals, laboratories, thermally 29 sensitive equipment, computer rooms, and manufacturing 30 processes, the design concepts and parameters shall conform to 19790H0080B2451 - 22 -
1 the requirements of the application at minimum energy levels.
2 SPECIAL APPLICATIONS, SUCH AS BUT NOT LIMITED TO HOSPITALS, <--
3 LABORATORIES, THERMALLY SENSITIVE EQUIPMENT, COMPUTER ROOMS,
4 MANUFACTURING PROCESSES AND SUPERMARKETS, ARE EXEMPT FROM THE
5 REQUIREMENTS OF THIS SUBCHAPTER.
6 Section 210. Design requirements.
7 In determining design conditions for calculations under this
8 section the following design temperatures shall apply:
9 (1) Outdoor design temperature shall be selected for
10 listed locations in Chapter 33 of the ASHRAE Handbook of
11 Fundamentals, from columns of 97 1/2% values for heating and
12 2 1/2% values for cooling.
13 (2) Indoor design temperature shall be 72 degrees F. for
14 heating and 78 degrees F. for cooling.
15 (3) Indoor design relative humidity for heating shall
16 not exceed 30%. For cooling, the actual design relative
17 humidity within the comfort envelope as defined in ASHRAE
18 Standard 55-74 "Thermal Environmental Conditions for Human
19 Occupancy" shall be selected for the minimum total heating,
20 ventilating, and air conditioning system energy use.
21 Section 211. Cooling with outdoor air.
22 (a) Fan system design.--Each fan system shall be designed to
23 use up to and including 100% of the fan system capacity for
24 cooling with outdoor air automatically whenever its use will
25 result in lower usage of energy than would be required under its
26 normal operation.
27 (b) Exceptions.--Cooling with outdoor air is not required
28 under any one or more of the following conditions:
29 (1) Fan system capacity less than 5,000 Cfm or 134,000
30 Btu/Hr total cooling capacity.
19790H0080B2451 - 23 -
1 (2) The quality of the outdoor air is so poor as to 2 require extensive treatment of the air. 3 (3) The need for humidification or dehumidification 4 requires the use of more energy than is conserved by outdoor 5 air cooling. 6 (4) The use of outdoor air cooling may affect the 7 operation of other systems (such as return or exhaust air 8 fans or supermarket refrigeration) so as to increase the 9 overall energy consumption of the building. 10 (5) Internal/external zone heat recovery or other energy 11 recovery is used. 12 (6) When all space cooling is accomplished by a 13 circulating liquid which transfers space heat directly or 14 indirectly to a heat rejection device such as a cooling tower 15 without the use of a refrigeration system. 16 Section 212. Mechanical ventilation. 17 Each mechanical ventilation system shall be equipped with a 18 readily accessible means for either shut-off or volume reduction 19 and shut-off when ventilation is not required. 20 Section 213. Simultaneous heating and cooling. 21 Systems that employ both heating and cooling simultaneously 22 in order to achieve comfort conditions within a space shall be 23 limited to those situations where more efficient methods of 24 heating and air conditioning cannot be effectively utilized to 25 meet system objectives. Simultaneous heating and cooling by 26 reheating or recooling supply air or by concurrent operation or 27 independent heating and cooling systems serving a common zone 28 shall be restricted as specified herein. 29 Section 214. Recovered energy. 30 Recovered energy, provided the new energy expended in the 19790H0080B2451 - 24 -
1 recovery process is less than the amount recovered, may be used 2 for control of temperature and humidity. New energy is defined 3 as energy, other than recovered, utilized for the purpose of 4 heating or cooling. 5 Section 215. New energy. 6 (a) Prevention of excess humidity.--New energy may be used, 7 when necessary, to prevent relative humidity from rising above 8 60% for comfort control or to prevent condensation on terminal 9 units or outlets. 10 (b) Control of temperature.--New energy may be used for 11 control of temperature if minimized as specified in sections 216 12 through 220. 13 Section 216. Reheat systems. 14 Systems employing reheat and serving multiple zones, other 15 than those employing variable air volume for temperature 16 control, shall be provided with control that will automatically 17 reset the system cold air supply to the highest temperature 18 level that will satisfy the zone requiring the coolest air. 19 Single zone reheat systems shall be controlled to sequence 20 reheat and cooling. 21 Section 217. Dual duct and multizone systems. 22 These systems shall be provided with control that will 23 automatically reset the cold deck air supply to the highest 24 temperature that will satisfy the zone requiring the coolest air 25 and the hot deck air supply to the lowest temperature that will 26 satisfy the zone requiring the warmest air. 27 Section 218. Recooling systems. 28 Systems in which heated air is recooled directly or 29 indirectly, to maintain space temperature, shall be provided 30 with control that will automatically reset the temperature to 19790H0080B2451 - 25 -
1 which the supply air is heated to the lowest level that will 2 satisfy the zone requiring the warmest air. 3 Section 219. Multiple zones. 4 For systems with multiple zones, one or more zones may be 5 chosen to represent a number of zones with similar heating or 6 cooling characteristics. A multiple zone heating, ventilating 7 and air conditioning system that employs reheating or recooling 8 for control of not more than 5,000 Cfm or 20% of the total 9 supply air of the system, whichever is less, shall be exempt 10 from the supply air temperature reset requirements of sections 11 216 through 218. 12 Section 220. Concurrent operation. 13 Concurrent operation of independent heating and cooling 14 systems serving common spaces, and requiring the use of new 15 energy for heating or cooling shall be minimized by one or both 16 of the following: 17 (1) By providing sequential temperature control of both 18 heating and cooling capacity in each zone. 19 (2) By limiting the heating energy input, through 20 automatic reset control of the heating medium temperature (or 21 energy input rate), to only that necessary to offset heat 22 loss due to transmission and infiltration and, where 23 applicable, to heat the ventilation air supply to the space. 24 Section 221. Equipment performance requirements. 25 (a) Application.--The requirements of this section apply to 26 equipment and component performance for heating, ventilating and 27 air conditioning systems. Where equipment efficiency levels are 28 specified, data furnished by the equipment supplier or certified 29 under a nationally recognized certification program or rating 30 procedure shall be used to satisfy these requirements. 19790H0080B2451 - 26 -
1 (b) Systems equipment - electrical.--Heating ventilating and 2 air conditioning systems equipment whose energy input in the 3 cooling mode is entirely electric shall show a coefficient of 4 performance (COP) and energy efficiency ratio (EER) not less 5 than the values specified in Table 6. These requirements apply 6 to, but are not limited to, unitary cooling equipment (air and 7 water source); packaged air conditioners; and room air 8 conditioners. These requirements do not apply to equipment used 9 in areas having open refrigerated food display cases. For 10 determining coefficient of performance (COP), the rate of net 11 heat removal shall be defined as the change in the total heat 12 contents of the air entering and leaving the equipment (without 13 reheat). Total energy input shall be determined by combining the 14 energy inputs to all elements of the equipment, including but 15 not limited to, compressors, pumps, supply-air fans, cooling 16 tower fans and the system equipment control circuit. 17 Table 6 18 Minimum EER and COP for Electric Heating, Ventilating 19 and Air Conditioning System Equipment 20 Standard rating capacity EER COP 21 Under 65,000 Btu/hr (19,050 watts) 6.1 1.8 22 65,000 Btu/hr (19,050 watts) and over 6.8 2.0 23 (c) Other system equipment.--Heat operated cooling equipment 24 shall show a coefficient of performance (COP) in the cooling 25 mode not less than the values specified in Table 7. These 26 requirements apply to, but are not limited to, absorption, 27 engine-driven and turbine-driven equipment. The coefficient of 28 performance (COP) is determined excluding the electrical 29 auxiliary inputs. 30 Table 7 19790H0080B2451 - 27 -
1 Minimum COP for Heating, Ventilating and Air Conditioning 2 System Heat Operated Cooling Equipment 3 Heat source Minimum COP 4 Direct fired (gas, oil) 0.40 5 Indirect fired (steam, hot water) 0.65 6 (d) System components.--Heating, ventilating and air 7 conditioning system components whose energy input in the cooling 8 mode is entirely electric shall show a coefficient of 9 performance (COP) and energy efficiency ratio (EER) not less 10 than the values specified in Table 8. For determining 11 coefficient of performance (COP), the rate of heat removal is 12 defined as the difference in total heat contents of the water or 13 refrigerant entering or leaving the component. Total energy 14 input shall be determined by combining the energy inputs to all 15 elements and accessories of the component, including but not 16 limited to, compressors, internal circulating pumps, condenser- 17 air fans, evaporative-condenser cooling heater pumps, purge, and 18 the component control circuit. 19 Table 8 20 Minimum COP for Electrically Driven Heating, Ventilating 21 and Air Conditioning System Components 22 Component Condensing means Air Water Evaporation 23 ERR COP EER COP EER COP 24 Self-contained Centrifugal 7.5 2.2 12.9 3.8 25 water chillers 26 Positive 27 displacement 7.2 2.1 10.9 3.2 28 Condenserless Positive 29 water chillers displacement 8.9 2.6 10.9 3.2 30 Compressor and 19790H0080B2451 - 28 -
1 condenser units Positive 2 65,000 Btu/hr. displacement 7.8 2.3 11.3 3.3 11.3 3.3 3 (19,050 watts) 4 and over 5 (e) Heat pumps.--Heat pumps whose energy input is entirely 6 electric shall show a coefficient of performance (COP), heating, 7 not less than the values specified in Table 9. 8 Table 9 9 Minimum COP for Heat Pumps, Heating Mode 10 Source and outdoor temperature (degree F.) Minimum COP 11 Air source--47 DB/43 WB 2.2 12 Air source--17 DB/15 WB 1.2 13 Water source--60 entering 2.2 14 (f) Supplementary heater.--The heat pump shall be installed 15 with a control to prevent supplementary heater operation when 16 the heating load can be met by the heat pump alone. 17 Supplementary heater operation is permitted during transient 18 periods, such as start-ups, following room thermostat setpoint 19 advance, and during defrost. A two-stage room thermostat, which 20 controls the supplementary heat on its second stage, shall be 21 accepted as meeting this requirement. The cut-on temperature for 22 the compression heating shall be higher than the cut-on 23 temperature for the supplementary heat, and the cut-off 24 temperature for the compression heating shall be higher than the 25 cut-off temperature for the supplementary heat. Supplementary 26 heat may be derived from any source of electric resistance 27 heating or combustion heating. 28 (g) Combustion heating equipment.--All gas and oil-fired 29 comfort heating equipment shall show a minimum combustion 30 efficiency of 75% at maximum rated output. Combustion efficiency 19790H0080B2451 - 29 -
1 shall be determined in accordance with the ASHRAE Standard 90. 2 Section 222. Duct insulation. 3 (a) Insulation.--All duct systems, or portions thereof, 4 exposed to nonconditioned spaces shall be insulated to provide a 5 thermal resistance, excluding film resistance, of 6 ti - to 7 R = --------(hr) (sq.ft) (F)/BTU 8 15 9 where ti-to is the design temperature differential (absolute 10 value) between the air in the duct and the surrounding air with 11 the following exceptions. Duct insulation, except when needed to 12 prevent condensation, is not required in any of the following 13 cases: 14 (1) Where ti-to is 25 degrees F. or less. 15 (2) When the heat gain or loss of the ducts, without 16 insulation, will not increase the energy requirements of the 17 building. 18 (3) Exhaust air ducts. 19 (4) Supply or return air ducts installed in crawl spaces 20 with insulated walls, basements or cellars in one and two- 21 family dwellings. 22 (b) Vapor barriers.--Where required to prevent condensation, 23 insulation with vapor barriers shall be installed in addition to 24 insulation required above. 25 Section 223. System controls. 26 (a) Application.--All heating, ventilating and air 27 conditioning systems shall be provided controls as specified 28 herein. 29 (b) Temperature.--Each heating, ventilating and air 30 conditioning system shall be provided with at least one 19790H0080B2451 - 30 -
1 thermostat for the regulation of temperature. Each thermostat 2 shall be capable of being set from 55 degrees F. to 75 degrees 3 F. where used to control heating only and from 70 degrees F. to 4 85 degrees F. where used to control cooling only. Where used to 5 control both heating and cooling it shall be capable of being 6 set from 55 degrees F. to 85 degrees F. and shall be capable of 7 operating the system heating and cooling in sequence. It shall 8 be adjustable to provide a temperature range of up to 10 degrees 9 F. between full heating and full cooling, except as allowed in 10 section 220. 11 (c) Humidity.--If a heating, ventilating and air 12 conditioning system is equipped with a means for adding moisture 13 to maintain specific selected relative humidities in spaces or 14 zones, a humidistat shall be provided. This device shall be 15 capable of being set to prevent new energy from being used to 16 produce space relative humidity above 30% R.H. Where a 17 humidistat is used in a heating, ventilating and air 18 conditioning system for controlling moisture removal to maintain 19 specific selected relative humidities in spaces or zones, it 20 shall be capable of being set to prevent new energy from being 21 used to produce a space relative humidity below 60%. 22 (d) Temperature zoning.-- 23 (1) In all buildings and structures of use group R-3, at 24 least one thermostat for regulation of space temperature 25 shall be provided for each separate heating, ventilating and 26 air conditioning system. In addition, a readily accessible 27 manual or automatic means shall be provided to partially 28 restrict or shut-off the heating or cooling input to each 29 zone or floor, excluding unheated or uncooled basements and 30 garages. 19790H0080B2451 - 31 -
1 (2) In all buildings and structures of use group R-2, 2 each individual dwelling unit shall be considered separately 3 and shall meet the requirements for one and two-family 4 dwellings above. 5 (3) In all buildings and structures other than use group 6 R-3 and in spaces other than dwelling units in use group R-2, 7 at least one thermostat for regulation of space temperature 8 shall be provided for each separate heating, ventilating and 9 air conditioning system and for each floor of the building. 10 (e) Set-back and shut-off.-- 11 (1) In all buildings and structures, or portions thereof 12 of use group R-3, the thermostat, or an alternate means such 13 as a switch or a clock, shall provide a readily accessible, 14 manual or automatic means for reducing the energy required 15 for heating and cooling during periods of nonuse or reduced 16 need. 17 (2) In all other buildings and structures, or portions 18 thereof each heating, ventilating and air conditioning system 19 shall be equipped with a readily accessible means of reducing 20 the energy used for heating, ventilating and air conditioning 21 during periods of nonuse or alternate uses of the building 22 spaces or zones served by the system, such as with manually 23 adjustable automatic timing devices, manual devices for use 24 by operating personnel, or automatic control systems. 25 (3) Lowering thermostat set points to reduce energy 26 consumption of heating systems shall not cause energy to be 27 expended to reach the reduced setting. 28 Section 224. Steam and hot water heating piping. 29 (a) Piping insulation.--All piping serving as part of a 30 heating or cooling system installed to serve buildings and 19790H0080B2451 - 32 -
1 within buildings shall be thermally insulated as shown in Table 2 10. 3 Table 10 4 Minimum Pipe Insulation 5 Insulation thickness in inches 6 Fluid for pipe sizes 7 Piping temperature 8 system range, Runouts 1" and 1 1/4- 2 1/2- 5& 8" and 9 types F. up to 2" less 2 4 6 larger 10 Heating systems 11 Steam & 12 hot water 13 High pressure/ 14 temp 306-450 1 1/2 1 1/2 2 2 1/2 3 1/2 3 1/2 15 Med. pressure/ 16 temp 251-305 1 1/2 1 1/2 2 2 1/2 3 3 17 Low pressure/ 18 temp 201-250 1 1 1 1/2 1 1/2 2 2 19 Low tem- 20 perature 120-200 1/2 3/4 1 1 1 1 1/2 21 Steam con- 22 densate Any 1 1 1 1 1/2 1 1/2 2 23 (for feed 24 water) 25 Cooling systems 26 Chilled 27 water, 40-55 1/2 1/2 3/4 1 1 1 28 Refrigerant, 29 or brine Below 40 1 1 1 1/2 1 1/2 1 1/2 1 1/2 30 Insulation thicknesses are based on insulation having thermal 19790H0080B2451 - 33 -
1 resistances in the range of 4.0 to 4.6 per inch of thickness on 2 a flat surface at a mean temperature of 75 degrees F. Minimum 3 insulation thickness shall be increased for materials having R 4 values less than 4.0 or may be reduced for materials having R 5 values greater than 4.6 per inch of thickness as follows: 6 (b) High thermal resistance.--For materials with thermal 7 resistance greater than R=4.6, the minimum insulation thickness 8 may be reduced as follows: 9 4.6 x Table 10 Thickness = New Minimum Thickness 10 Actual R 11 (c) Low thermal resistance.--For materials with thermal 12 resistance less than R=4.0 the minimum insulation thickness 13 shall be increased as follows: 14 4.0 x Table 10 Thickness = New Minimum Thickness 15 Actual R 16 Piping insulation, except when needed to prevent condensation, 17 is not required in any of the following cases: 18 (1) Piping installed within heating, ventilating and air 19 conditioning equipment. 20 (2) Piping at temperatures between 55 degrees F. and 120 21 degrees F. 22 (3) When the heat loss or heat gain of the piping, 23 without insulation, does not increase the energy requirements 24 of the building. 25 (4) Piping installed in basements or cellars in one and 26 two-family dwellings. 27 (d) Vapor barriers.--Where required to prevent condensation, 28 insulation with vapor barriers shall be installed in addition to 29 insulation required above. 30 SUBCHAPTER F 19790H0080B2451 - 34 -
1 PLUMBING SYSTEMS 2 Section 225. Purpose. 3 This subchapter sets forth provisions for design and 4 equipment selection for energy conservation in service water 5 heating systems. 6 Section 226. Fixtures. 7 (a) Lavatories.--Lavatories in restrooms of public 8 facilities shall be equipped with self-closing outlet devices 9 which limit the flow of hot water to a maximum of 0.5 Gpm, 10 devices which limit the outlet temperature to a maximum of 110 11 degrees F. and self-closing valves which limit the quantity of 12 hot water to a maximum of 0.25 gallon. 13 (b) Showers.--Showers used for other than safety reasons 14 shall be equipped with flow control devices to limit total flow 15 to a maximum of 3 Gpm per shower head. 16 Section 227. Insulation. 17 (a) Piping insulation.--Piping in required return 18 circulation systems shall be insulated so that heat loss is 19 limited to a maximum of 25 Btuh per square foot of external pipe 20 surface for above ground piping and a maximum of 35 Btuh per 21 square foot of external pipe surface for underground piping. 22 Maximum heat loss shall be determined at a temperature 23 differential equal to the maximum water temperature minus a 24 design ambient temperature no higher than 65 degrees F. except 25 that conformance with table 10 for "low temperature piping 26 system" shall be deemed as complying with this section. 27 (b) Tanks.--Unfired hot water storage tanks shall be 28 insulated so that heat loss is limited to a maximum of 15 Btuh 29 per square foot of external tank surface area. For purposes of 30 determining this heat loss, the design ambient temperature shall 19790H0080B2451 - 35 -
1 be no higher than 65 degrees F. 2 Section 228. Equipment. 3 (a) Pump operation.--Circulating hot water systems shall be 4 arranged so that the circulating pump can be conveniently turned 5 off either automatically or manually when the hot water system 6 is not in operation. 7 (b) Electric water heaters.--All automatic electric storage 8 water heaters shall have a stand-by loss not exceeding 4 watts 9 per square foot of tank surface area. The method of test of 10 stand-by loss shall be as described in section 4.3.1 of ANSI 11 C72.1 Household Automatic Electrical Storage-Type Water Heaters. 12 (c) Gas and oil-fired water heaters.--All gas and oil-fired 13 automatic storage heaters shall have a recovery efficiency, ER, 14 not less than 75% and a stand-by loss percentage S, not 15 exceeding S=2.3+67/V where V=rated volume in gallons. The method 16 of test of ER and S shall be as described in section 2.7 of ANSI 17 Z21.10.3 Circulating Tank, Instantaneous and Large Automatic 18 Storage Type Water Heaters, Approval Requirements for Gas Water 19 Heaters. 20 Section 229. Controls. 21 (a) Temperature controls.--All hot water supply systems 22 shall be equipped with automatic temperature controls capable of 23 adjustments from the lowest to the highest acceptable 24 temperature settings for the intended use. 25 (b) Shut down.--A separate switch shall be provided to 26 terminate the energy supplied to electric hot water supply 27 systems. A separate valve shall be provided to turn off the 28 energy supplied to the main burner of all other types of hot 29 water supply systems. 30 SUBCHAPTER G 19790H0080B2451 - 36 -
1 ELECTRICAL SYSTEMS 2 Section 230. System requirements. 3 (a) Service voltage.--Where a choice of service voltage is 4 available, the voltage resulting in the least energy loss shall 5 be used. 6 (b) Voltage drop.--In any building, the maximum total 7 voltage drop shall not exceed 3% in branch circuits or feeders, 8 for a total of 5% to the farthest outlet based on steady state 9 design load conditions. 10 (c) Lighting switching.--Switching shall be provided for 11 each lighting circuit, or for portions of each circuit, so that 12 the partial lighting required for custodial or for effective 13 complementary use with natural lighting may be operated 14 selectively. 15 (d) Separate metering.--In all multi-family dwellings 16 provisions shall be made to determine the electrical energy 17 consumed by each tenant. 18 SUBCHAPTER H 19 LIGHTING 20 Section 231. Lighting power budget. 21 A lighting power budget is the upper limit of the power to be 22 available to provide the lighting needs in accordance with a 23 given set of criteria and given calculation procedure. 24 Section 232. Calculation methods. 25 The criteria specified below shall be utilized for 26 computation of the lighting power budget. All calculations shall 27 be in accordance with accepted engineering practice. When 28 insufficient information is known about the specific use of the 29 building space (e.g., number of occupants, space function, 30 location of partitions), the budget shall be based on the 19790H0080B2451 - 37 -
1 apparent intended use of the building space. 2 Section 233. Building interiors. 3 (a) Procedure.--The allowable electric power for lighting 4 shall be established by using the criteria and the calculation 5 procedures specified in section 236. The value shall be based on 6 the use for which the space within the building is intended and 7 on efficient energy utilization. 8 (b) Illumination level criteria.--For the purpose of 9 establishing a budget, levels of illumination shall be those 10 listed in fig. 9-80 of the IES Lighting Handbook, and those 11 levels shall be used as follows: 12 (1) For task lighting, the levels of illumination listed 13 are for specific tasks. These levels are for the task areas 14 defined in the IES Lighting Handbook or, where not defined, 15 at all usable portions of task surfaces. In some cases, the 16 levels of illumination are listed for locations (e.g., 17 auditoriums). These levels are to be considered as average 18 levels. 19 (2) For general lighting, in areas surrounding task 20 locations, the average level of general lighting, for budget 21 purposes only, shall be one-third the level for the tasks 22 performed in the area but in no case less than 20-foot 23 candles. Where more than one task level occurs in a space, 24 the general level shall be one-third the weighted average of 25 the specific task levels. 26 (3) For noncritical lighting, in circulation and seating 27 areas, where no specific visual tasks occur, the average 28 level of illumination shall be one-third of the average 29 general lighting in the adjacent task spaces but in no case 30 less than ten-foot candles. 19790H0080B2451 - 38 -
1 (4) For the purpose of establishing a power budget, only 2 lamp efficacies and coefficients of utilization (CU) 3 specified in Table 11, shall be assumed. 4 Section 234. Building exteriors. 5 (a) Basis on use.--In exterior spaces, the lighting power 6 budget shall be based on the use of which the space is intended 7 (for task performance, safety, or security) and on efficient 8 energy utilization. 9 (b) Criteria.--The same criteria as those for interior 10 spaces apply for illumination levels and lighting systems with 11 the addition of luminaires for flood lighting. For power budget 12 purposes floodlighting shall be selected with luminaires having 13 a greater percentage of their beam lumens restricted to the area 14 to be lighted. Such luminaires are defined as those with at 15 least the minimum efficiencies listed in the IES Lighting 16 Handbook. 17 (c) Facade lighting.--Facade lighting for budget purposes 18 shall be no greater than 2% of the total interior load of the 19 building. 20 (d) Calculation procedure.--In establishing a lighting power 21 budget the following procedures shall be used: 22 (1) For overhead lighting the procedure specified in 23 section 236 shall be followed, but using reflectances as 24 found. 25 (2) For flood lighting the beam lumen method, as shown 26 in the IES Lighting Handbook and a coefficient of beam 27 utilization (CBU) of 0.75 shall be used for floodlighting 28 calculations. 29 Section 235. Exceptions to criteria. 30 (a) Spaces.--The criteria of section 233 shall not apply to 19790H0080B2451 - 39 -
1 the following areas when calculating the load: 2 (1) Portions of residential occupancies except for 3 kitchens, bathrooms, and laundry areas and public spaces 4 including lobbies, halls, stairways, basement areas, and 5 utility rooms. 6 (2) Residential type spaces similar to those stated in 7 paragraph (1) in institutions, such as hospitals, hotels, 8 funeral homes, churches, museums, etc. 9 (3) Theater auditoriums, entertainment and audiovisual 10 presentations where the lighting is an essential technical 11 element for the function performed. 12 (b) Luminaires.--The criteria of section 234 shall not apply 13 to the following lamps and luminaires; however, their use shall 14 be accounted for in the calculation of task lighting loads for 15 specific tasks. The allowable load shall be based on the 16 luminaire wattage to achieve the levels of illumination as 17 covered in section 233 using a point calculation method given in 18 the IES Lighting Handbook. The excepted lamps and luminaires are 19 as follows: 20 (1) Luminaires for medical and dental purposes. 21 (2) Luminaires for highlighting applications, such as 22 sculpture exhibits, art exhibits, and individual items of 23 display merchandise. 24 (3) Luminaires for specialized lighting applications 25 (color matching, where electrical interference cannot be 26 tolerated, etc.). 27 (c) Control of reflectances.--The criteria of Table 11 shall 28 not apply in spaces where it is impractical to control 29 reflectances and where a dirty atmosphere cannot be avoided. 30 Where this condition exists, the values for reflectances and 19790H0080B2451 - 40 -
1 light loss factors shall be those expected to be found and shall 2 be approved by the department. The calculation shall make a note 3 of this deviation. 4 Section 236. Calculation procedure. 5 To establish a lighting power budget the following procedures 6 shall be used: 7 (a) To determine illumination levels and areas: 8 (1) Determine the visual tasks that are expected to be 9 performed in each space and the number of planned work 10 locations where tasks will be performed. If assumptions are 11 made, their bases shall be indicated. 12 (2) Select the illumination level, in foot-candles for 13 those expected tasks in accordance with section 233(b)(1). 14 (3) Calculate total task areas to be illuminated to the 15 same level by multiplying the number of work locations by 50 16 square feet per work location. Use actual task area if 17 greater than 50 square feet. If the sum of all task areas is 18 greater than 50% of the total space area, then the task area 19 per work location shall be reduced proportionately, so that 20 the total task area is limited to one-half the total space 21 area. If special task lighting or localized lighting is to be 22 employed, use the actual task areas and point calculation 23 procedures. 24 (4) Calculate the level of general lighting by 25 multiplying the task lighting level by one-third, where there 26 is only one task level, or by taking one-third of the sum of 27 the products of the task levels as provided for in paragraph 28 (2) and their areas as provided for in paragraph (3) divided 29 by the total task areas. 30 (5) Calculate the level of noncritical lighting. 19790H0080B2451 - 41 -
1 (b) To determine lighting system data: 2 (1) Determine light source and luminaire types to use. 3 (2) Determine lamp lumens per watt and luminaire 4 coefficients of utilization for room and luminaire mounting 5 height dimensions. Luminaire CUs shall be selected from the 6 IES Lighting Handbook. In all cases, no luminaire shall have 7 a CU for RCR = 1 of less than that given in Table 11 lamp 8 efficacies for the appropriate space. 9 (c) To determine allowable wattage: 10 (1) Using data from subsection (b), the illumination 11 levels and areas determined in subsection (a), and the 12 criteria of Table 11 on Reflectance, calculate the allowable 13 wattages using the lumen method. 14 (2) Calculate the total space wattage by adding the 15 task, general and noncritical lighting loads. 16 (3) Add the wattage of luminaires allowed in section 17 235(b). 18 Table 11 19 (a) Lamp efficacies.--The following are initial lumen output 20 per watt input, including ballast losses: 21 Application Lumens 22 per Watt 23 Where moderate color rendition is appropriate 55 24 Where good color rendition is appropriate 40 25 Where high color rendition is appropriate, 26 spaces are less than 50 square feet or where 27 use of low wattage High Intensity Discharge 28 (HID) lamps under 250 W or fluorescent 29 lamps under 40 W is appropriate. 25 30 (b) Luminaire coefficients of utilization (CU).-- 19790H0080B2451 - 42 -
1 Coefficients of utilization (CUs) are to be for luminaires for 2 use in the types of spaces listed below, and those luminaires 3 shall have a CU of no less than that listed below (for each type 4 space) for a Room Cavity Ratio (RCR) of 1 and reflectances as in 5 (c). 6 Space Use Minimum CU 7 (at RCR = 1) 8 For spaces with tasks subjected to veiling 9 reflections, where recommended levels of 10 illumination are listed in terms of 11 equivalent sphere illumination (ESI), and 12 where visual comfort is important. 0.55 13 For spaces without tasks, or with tasks 14 not subjected to veiling reflections, but 15 where visual comfort is important. 0.63 16 For spaces without tasks and where visual 17 comfort is not a criterion. 0.70 18 (c) Other criteria: 19 (1) Reflectances. For interior spaces, the following 20 initial cavity and surface reflectances shall be assumed: 21 Ceiling cavity reflectance 80% 22 Wall reflectance 50% 23 Floor cavity reflectance 20% 24 (2) Light loss factor. A light loss factor (LLF) of 0.70 25 shall be used. 26 SUBCHAPTER I 27 ALTERNATIVE SYSTEMS 28 Section 237. Performance alternative. 29 Alternative building systems and equipment design may be 30 approved by the department when they can be shown to have energy 19790H0080B2451 - 43 -
1 consumption not greater than that of a similar building with 2 similar forms of energy requirements, designed in accordance 3 with the provisions of this act or when they can be shown to 4 have energy consumption not greater than that which shall be 5 established by the department with the approval of the Building 6 Energy Conservation Committee, for the purposes of this section: 7 Provided, however, That for all buildings classified as Use 8 Group R-3 alternate building systems and equipment design which 9 satisfy the criteria of this section shall not require the 10 approval of the department but the use of such an alternate 11 building system or equipment design shall be indicated in the 12 warranty provided in section 306. 13 Section 238. Nondepletable sources; EXEMPTION. <-- 14 When such alternative systems utilize solar, geothermal, wind 15 or other nondepletable energy sources for all or part of their 16 energy sources, such nondepletable energy supplied to the 17 building shall be excluded from the total energy chargeable to 18 the proposed alternative design. ANY STRUCTURE THAT IS DESIGNED <-- 19 AND BUILT FREE OF ANY DEPENDENCE ON DEPLETABLE ENERGY SOURCES 20 SHALL BE EXEMPT FROM THE PROVISIONS OF SECTION 239 AND ANY OTHER 21 PROVISIONS OF THIS ACT. 22 Section 239. Documentation. 23 Proposed alternative designs, submitted to the department as 24 requests for exception to the standard design criteria, must be 25 accompanied by an energy analysis prepared in accordance with 26 the ASHRAE Standard 90-75. 27 SUBCHAPTER J 28 USE GROUP R-3 PRESCRIPTIVE STANDARDS 29 Section 240. Minimum insulation requirements for Use Group R-3. 30 Use Group R-3 buildings shall be constructed utilizing the 19790H0080B2451 - 44 -
1 following minimum insulation standards: 2 Ceilings R - 19 3 Exterior Walls R - 13 4 Floors Over Unheated Basements 5 and Crawl Spaces * R - 11 6 * Basements containing a furnace 7 and/or hot water heater may be 8 considered heated 9 Edge Insulation for: 10 Heated Slabs R - 6.3 11 Unheated Slabs R - 4.2 12 Windows Multiglazing 13 Entrance Doors R - 2.5 14 Sliding Glass Doors (if applicable) Multiglazing 15 Ducts in Unheated Areas R - 3 16 CHAPTER 3 17 APPLICATION OF STANDARDS: ESTABLISHMENT 18 OF COMMITTEE AND PENALTIES 19 Section 301. Modification of standards; criteria. 20 (a) Recommendations to General Assembly.--The department, 21 with the approval of the Building Energy Conservation Committee 22 established pursuant to section 304, after one or more public 23 hearings, may recommend to the General Assembly modifications to 24 the energy conservation standards contained in Chapter 2 hereof. 25 Any recommended modification to the energy conservation 26 standards shall meet the following criteria: 27 (1) It shall be consistent with the latest and most 28 effective technology. 29 (2) It shall not be in conflict with existing safeguards 30 for public health and safety. 19790H0080B2451 - 45 -
1 (3) It shall be economically feasible as determined by 2 life-cycle-cost procedures. 3 (4) It shall be sufficiently stringent to effect a 4 significant savings of energy resources. 5 (5) It shall be a performance standard for the design of 6 buildings and systems within buildings to assure maximum 7 practical conservation of energy. 8 (6) Consideration shall be given to building and energy 9 standards promulgated by national and other state 10 governmental agencies, private organizations and any other 11 available energy data. as well as the total energy allocation <-- 12 approach. 13 (b) Federal performance standards.--In the event that the 14 Federal Government promulgates performance standards that are 15 inconsistent or more stringent than the standards detailed in 16 this act, and the Federal Government mandates the states to 17 enact legislation to comply with its standards, then the 18 department, with the approval of the Building Energy 19 Conservation Committee, may modify the energy conservation 20 standards contained in this bill without the approval of the 21 General Assembly, in order to comply with the Federal standards. 22 Section 302. Application of energy conservation standards. 23 The energy conservation standards contained herein or as 24 promulgated by the department with the approval of the Building 25 Energy Conservation Committee shall apply to new buildings or to 26 renovations on which actual construction and/or design has not 27 commenced prior to their effective dates. No department, board, 28 agency or commission other than as provided herein, shall 29 promulgate or adopt any rules or regulations which are 30 inconsistent with the standards contained in Chapter 2, 19790H0080B2451 - 46 -
1 Subchapters D through J or promulgated under Chapter 4 of this 2 act except as mandated by Federal law. 3 Section 303. Energy conservation manual for buildings. 4 (a) Production of manual.--Concurrent with the adoption of 5 the energy conservation codes required by this act, the 6 department in conjunction with the Governor's Energy Council 7 shall produce an energy conservation manual for use by 8 designers, builders, contractors of residential and 9 nonresidential buildings, and municipalities of the 10 Commonwealth. This manual shall contain the established 11 standards and accepted practices. The manual shall further 12 contain prescriptive standards which, if complied with, will 13 result in conformance with the performance standards contained 14 herein or as promulgated by the department and shall be written 15 in such manner as to be easily understood by persons possessing 16 a minimal technical background. The manual shall be furnished 17 upon request to members of the public at a price sufficient to 18 cover the cost of printing. 19 (b) Review of manual.--The manual shall be reviewed by the 20 department and the Building Energy Conservation Committee at 21 least annually and shall be updated as significant new energy 22 conservation information becomes available. 23 (c) Educational programs.--The department in conjunction 24 with the Governor's Energy Council shall provide seminars and 25 other educational programs throughout the Commonwealth to 26 provide information and counseling to builders, architects, 27 other licensed design professionals, local building officials 28 and other persons affected by this act on the standards 29 contained herein or as promulgated by the department. 30 Section 304. Building Energy Conservation Committee. 19790H0080B2451 - 47 -
1 (a) Composition of committee.--In order to further the 2 coordinated and effective administration of this act, there is 3 hereby established within the Governor's Energy Council a 4 Building Energy Conservation Committee. It shall consist of 5 eleven TWELVE members, the membership of which shall be <-- 6 appointed by the Governor. The committee shall consist of the 7 following members or their designees: 8 (1) Two representatives of State Government. 9 (2) One representative of local government. 10 (3) One licensed professional engineer. 11 (4) One building contractor. TWO BUILDING CONTRACTORS, <-- 12 ONE RESIDENTIAL AND ONE INDUSTRIAL. 13 (5) One licensed architect. 14 (6) One representative of the energy supply industry. 15 (7) Four representatives of such other agencies and 16 organizations or individuals as the Governor may find are 17 necessary and proper to carry out the purposes of the 18 committee. 19 (b) Powers and duties.--In addition to the powers and duties 20 enumerated in this act, the Building Energy Conservation 21 Committee shall: 22 (1) Be responsible for the regular exchange of 23 information and plans regarding building energy conservation, 24 for the development, review and approval of proposed and 25 existing standards, guidelines, regulations, and manuals. 26 (2) Elect from its members a Board on Variances. 27 (c) Expenses.--The members of the committee shall not 28 receive any compensation for their services but shall be 29 reimbursed for their actual and necessary expenses incurred in 30 the performance of their duties. Provided, however, when acting 19790H0080B2451 - 48 -
1 on matters concerning variances members of the Board on 2 Variances shall receive $50 per day plus their actual and 3 necessary expenses. 4 Section 305. Certification. 5 (a) Applicability.--The provisions of this section shall 6 apply to all buildings subject to this act except those 7 classified as Use Group R-3. 8 (b) Compliance with act.--It shall be the duty of the 9 licensed design professional retained in connection with the 10 design or construction of a building to certify the drawings, 11 specifications and other data showing compliance with the 12 provisions of this act, except as provided in subsection (e). 13 All such information required in this provision to be submitted 14 to the department must be accompanied by a filing fee of $10. 15 The filing fee may be subject to change by the Building Energy 16 Conservation Committee upon the recommendation of the department 17 to the Building Energy Conservation Committee, provided, 18 however, that advance notice of such change has appeared in the 19 Pennsylvania Bulletin. If the building is subject to the 20 provisions of the act of April 27, 1927 (P.L.465, No.299), 21 referred to as the Fire and Panic Act, the certification 22 required hereunder shall be submitted on a form with the 23 application for plan approval under the said 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 19790H0080B2451 - 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 including 8 payment of the filing fee. 9 Section 306. Use Group R-3; notice; warranty. 10 (a) Notice.--Prior to construction of any building 11 classified as Use Group R-3, the builder shall notify the 12 department by certified mail of his intent to begin 13 construction. Such notice shall include a filing fee of $5 and 14 contain the name of the owner of the building and its location. 15 The filing fee may be subject to change by the Building Energy 16 Conservation Committee, upon the recommendation of the 17 department to the Building Energy Conservation Committee, 18 provided, however, that advance notice of such change has 19 appeared in the Pennsylvania Bulletin. 20 (b) Warranty.--At the time a contract for the construction 21 of any building classified as Use Group R-3 is entered into, the 22 builder shall warrant to the owner in writing that the building 23 shall be constructed in accordance with the provisions of this 24 act. Such warranty shall be a document separate from the 25 contract and shall be in the following form: 26 I, (Builder) , hereby warrant to (Owner) that the 27 premises known as (Description) 28 shall be constructed in accordance with the provisions of the 29 Act of __________, 19__, No.____, known as the "Building Energy 30 Conservation Act." 19790H0080B2451 - 50 -
1 This law provides building standards to make your home energy 2 efficient and also provides you with legal remedies if your home 3 is not built according to the State standards. If you would like 4 the State to do an energy audit of your home to determine if it 5 conforms to State standards, you may call the Pennsylvania 6 Department of Community Affairs at (Telephone) , and they will 7 perform an inspection of your home for a fee of $35. 8 Indicate if alternate building system or equipment design is 9 being employed. 10 (c) If the builder is also the owner of the building at the 11 time of construction, he shall provide the warranty required by 12 subsection (b) at the time of its initial sale to a new owner. 13 Such warranty shall be in substantially the same form as 14 provided in subsection (b). 15 (d) Failure to provide notice.--The Department of Community 16 Affairs, after hearing, may assess a civil penalty payable to 17 the Commonwealth of Pennsylvania not to exceed $100 upon any 18 builder who fails to give the notice required by subsection (a). 19 In determining the amount of the civil penalty, the Department 20 of Community Affairs shall consider the willfulness of the 21 violation and the cost incurred by the department in discovering 22 the violation. 23 (e) Failure to provide warranty.--Whenever a builder fails 24 to provide the warranty required by subsection (b) or (c) such 25 required warranty shall constitute an implied warranty and the 26 owner's right to proceed under section 315(a) shall not be 27 affected. If it is established by a preponderance of the 28 evidence that the builder's failure to provide the warranty was 29 willful, then damages in twice the amount provided in section 30 315 may be awarded. 19790H0080B2451 - 51 -
1 Section 307. Variances. 2 (a) Requests.--Any request for a variance from the energy 3 conservation standards contained herein shall be made to the 4 Board on Variances of the Building Energy Conservation Committee 5 and a decision on such request shall be made within 30 days of 6 its filing. 7 (b) Criteria.--A variance shall be granted only if it is 8 found that: 9 (1) compliance with the provisions of this act would 10 result in extreme hardship to the owner; and 11 (2) the granting of such variance would not result in a 12 significant increase in the energy usage of the building. 13 Section 308. Building permits. 14 Any building permit issued by the Commonwealth or any of its 15 political subdivisions shall have printed upon its face notice 16 that the provisions of this act must be complied with. 17 Section 309. Permits for use or occupancy. 18 Before any building or structure hereafter constructed, other 19 than a building classified as Use Group R-3, shall be used or 20 opened for occupancy, the owner thereof shall notify the 21 department of the completion of the building for the purposes of 22 this act and submit the necessary certification therewith: 23 Provided, however, That if a municipality elects to administer 24 the provisions of this act under Chapter 5 such notice and 25 certification shall be submitted to the municipality which shall 26 forward a copy of the notice to the department. No permit for 27 use or occupancy shall be granted until such submission has been 28 made. No building official of the Commonwealth or any of its 29 political subdivisions shall issue a permit until he has 30 received proof of such compliance. Where the certificate has 19790H0080B2451 - 52 -
1 been submitted to the department, presentation to the building 2 official of the mailing receipt together with a copy of the 3 certification required by section 305 shall establish proof of 4 compliance for the purposes of this section. Upon such 5 presentation any building official of the Commonwealth or any of 6 its political subdivisions shall issue a permit for use or 7 occupancy, provided all other criteria for such a permit have 8 been satisfied and said building official shall notify the 9 department that he has issued the same. 10 Section 310. Failure to submit certification. 11 Whenever the owner of any building, other than a building 12 classified as Use Group R-3, shall fail to give the notice and 13 submit the necessary certification in accordance with section 14 309 and shall nevertheless proceed with the use or occupancy of 15 the building, the department or the municipality shall serve 16 notice on the said owner that he is in violation of this act and 17 order him to comply therewith. 18 Section 311. Inspections. 19 The department may perform a nondestructive inspection within 20 two years of the date of completion of construction of any 21 building constructed after the effective date of this act to 22 determine compliance with the provisions of this act, provided 23 at least 30 days notice has been given to the owner. THE COSTS <-- 24 OF ANY SUCH INSPECTION INITIATED BY THE DEPARTMENT SHALL NOT BE 25 ASSESSED ON THE OWNER. The department may also cause such an <-- 26 inspection to be performed at the request of the owner of any 27 building subject to this act. The fee for an inspection under 28 section 306(b) for R-3 buildings is $35. The inspection fee for 29 all other buildings subject to this act shall be determined by 30 the department at such an amount as to cover the necessary costs 19790H0080B2451 - 53 -
1 of the inspection. THE DEPARTMENT MAY ALSO CAUSE SUCH AN <--
2 INSPECTION TO BE PERFORMED AT THE REQUEST OF THE OWNER OF ANY
3 BUILDING SUBJECT TO THIS ACT. THE FEE FOR SUCH AN INSPECTION
4 UPON REQUEST UNDER SECTION 306(B) FOR R-3 BUILDINGS IS $35. THE
5 FEE FOR INSPECTIONS PERFORMED UPON REQUEST FOR ALL OTHER
6 BUILDINGS SUBJECT TO THIS ACT SHALL BE DETERMINED BY THE
7 DEPARTMENT AT SUCH AN AMOUNT AS TO COVER THE NECESSARY COSTS OF
8 THE INSPECTION.
9 Section 312. Appeals.
10 Review of any decisions rendered under the provisions of this
11 act shall be brought in the court of common pleas of the county
12 wherein the building is situated. Such review shall be limited
13 to determining whether any such decision was arbitrary and
14 capricious.
15 Section 313. Penalties.
16 (a) Applicability.--The provisions of this section shall
17 apply to all buildings subject to this act except those
18 classified as Use Group R-3.
19 (b) Violations of act.--Any person who shall willfully or
20 negligently violate any of the provisions of this act, or the
21 rules and regulations or the orders for the enforcement of the
22 said provisions or rules and regulations issued by duly
23 authorized officers of the department or who shall hinder, delay
24 or interfere with any officer charged with the enforcement of
25 this act in the performance of his duty, shall, upon conviction
26 thereof, be punished by a fine of not more than $300 and costs.
27 In the event of violation of more than one provision of this
28 act, the violation of each provision shall be deemed a separate
29 and distinct offense for the purposes of this section.
30 (c) Institution of proceedings.--Prosecutions for violations
19790H0080B2451 - 54 -
1 of this act or the rules and regulations of the department may 2 be instituted by the Secretary of Labor and Industry or under 3 his directions by an authorized representative of the 4 department. Upon conviction after a hearing in a court of 5 competent jurisdiction, the sentences provided in this act shall 6 be imposed and shall be final unless an appeal be taken in the 7 manner prescribed by law. 8 (d) Disposition of fines.--All fines collected under this 9 act shall be forwarded to the department who shall pay the same 10 into the State Treasury for the use of the Commonwealth. 11 (e) False certification.--Any architect or other licensed 12 design professional who willfully provides a false certification 13 for any building subject to the provisions of this act shall be 14 subject to the suspension or revocation of his license by the 15 State Board of Examiners of Architects or other applicable State 16 licensing board. 17 Section 314. Enforcement. 18 (a) Applicability.--The provisions of this act shall apply 19 to every building enumerated in this act, including buildings 20 owned in whole or in part by the Commonwealth or any political 21 subdivision thereof, and with the exception of those buildings 22 classified as Use Group R-3, shall be enforced by the Secretary 23 of Labor and Industry, by and through his authorized 24 representatives. 25 (b) Powers of officers.--For the purpose of enforcing the 26 provisions of this act, all the officers charged with its 27 enforcement shall have the power to enter any of the buildings 28 enumerated in this act, and no person shall hinder or delay, or 29 interfere with any of the said officers in the performance of 30 his duty, nor refuse any pertinent information necessary to 19790H0080B2451 - 55 -
1 determine whether the provisions of this act and the rules and
2 regulations herein provided for, are or will be complied with.
3 Section 315. Civil action.
4 (a) Use Group R-3.--The owner of any building subject to the
5 requirements of section 306 who is aggrieved as the result of
6 such building not being properly designed or constructed in
7 conformance with this act shall have a right of action for
8 breach of warranty. Remedies may include specific performance or
9 an award of damages in an amount not less than $300. Attorney's
10 fees shall be recoverable in any action in which the owner
11 prevails. Any such award shall further provide for payment of
12 the actual costs in excess of $25 $35 incurred by the department <--
13 if it inspected the building for the owner and the owner shall
14 remit such amount to the department.
15 (b) Other buildings.--The owner of any building, other than
16 a building classified as Use Group R-3, at the time of its
17 design or construction under the provisions of this act who is
18 aggrieved as the result of such building not being properly
19 designed or constructed in conformance with this act shall have
20 a right of action against any person who is required to submit
21 the certificate required by section 305.
22 (c) Limitation of action.--
23 (1) No action brought under subsection (a) shall be
24 maintained unless brought within three years from the date of
25 the warranty.
26 (2) No action brought under subsection (b) shall be
27 maintained unless brought within three years from the date of
28 completion of the building.
29 CHAPTER 4
30 ADOPTION OF FUTURE STANDARDS
19790H0080B2451 - 56 -
1 Section 401. Adoption and promulgation of standards. 2 The department, with the approval of the Building Energy 3 Conservation Committee, shall, after one or more public 4 hearings, adopt and publish energy conservation standards for 5 all buildings covered by this act in accordance with the 6 provisions of the act of July 31, 1968 (P.L.769, No.240), known 7 as the "Commonwealth Documents Law." The purpose of such 8 standards is to reduce wasteful or uneconomic consumption of 9 energy by balancing the cost of energy procurement against the 10 cost of energy-conserving building practices. The energy 11 conservation standards shall meet the following criteria: 12 (1) They shall be consistent with the latest and most 13 effective technology. 14 (2) They shall not be in conflict with existing 15 safeguards for public health and safety. 16 (3) They shall be economically feasible as determined by 17 life-cycle-cost procedures. 18 (4) They shall be sufficiently stringent to effect a 19 significant savings of energy resources. 20 (5) They shall be a performance standard for the design 21 of buildings and systems within buildings to assure maximum 22 practical conservation of energy. 23 (6) Consideration shall be given to building and energy 24 standards promulgated by national and other State 25 governmental agencies, private organizations and any other 26 available energy data. as well as the total energy allocation <-- 27 approach. 28 CHAPTER 5 29 LOCAL ELECTION 30 Section 501. Election; Use Group R-3. 19790H0080B2451 - 57 -
1 Any municipality of this Commonwealth may elect to administer 2 the provisions of this act relating to Use Group R-3 buildings, 3 as defined in section 103, except for units subject to the act 4 of May 11, 1972 (P.L.286, No.70), known as the "Industrialized 5 Housing Act" and the act of May 11, 1972 (P.L.281, No.69), known 6 as the "Uniform Standards Code for Mobile Homes." Such election 7 shall be made by resolution of the governing body of such 8 municipality which shall be in substantially the following form: 9 The (city, borough, town, or township) of____________________ 10 hereby elects to administer the provisions of the act 11 of____________, 19__, No._______ known as the "Building 12 Energy Conservation Act" for Use Group R-3 buildings as defined 13 therein. 14 Section 502. Election; cities of the first, second and second 15 class A. 16 Any city of the first class, second class and second class A 17 may elect to administer the provisions of this act for all 18 buildings subject hereto, except for units subject to the act of 19 May 11, 1972 (P.L.286, No.70), known as the "Industrialized 20 Housing Act" and the act of May 11, 1972 (P.L.281, No.69), known 21 as the "Uniform Standards Code for Mobile Homes." Such election 22 shall be made by resolution of the governing body of such city 23 which shall be in substantially the following form: 24 The city of________________hereby elects to administer the 25 provisions of the act of _________, 19__, No._______ known as 26 the "Building Energy Conservation Act." 27 Section 503. Powers of municipalities. 28 Any municipality electing to administer the provisions of 29 this act under section 501 or 502 shall exercise the same powers 30 conferred upon the department by this act, including the power 19790H0080B2451 - 58 -
1 to institute proceedings for violations of the act, with the 2 exception of those powers specified in sections 301, 303 and in 3 Chapter 4. In addition, any such municipality may exercise such 4 other administrative and enforcement procedures as it shall deem 5 necessary to effect the purposes of this act including, but not 6 limited to, prior plan approval, building permit requirements, 7 use or occupancy permit requirements and inspections during the 8 course of construction. 9 Section 504. Variances. 10 Any municipality electing to administer the provisions of 11 this act under section 501 or 502 shall establish a Board on 12 Variances to make determinations on request for variance from 13 the energy conservation standards contained herein or as 14 promulgated by the department with the approval of the Building 15 Energy Conservation Committee, and is authorized exclusive 16 jurisdiction to grant such variances, section 307(a) 17 notwithstanding. A variance shall only be granted if the 18 criteria of section 307(b) have been satisfied. 19 Section 505. Disposition of fines and fees. 20 Any fines or fees collected under this act by any 21 municipality electing to administer the provisions of this act 22 under section 501 or 502 shall be retained by the municipality, 23 section 313(d) notwithstanding. 24 CHAPTER 6 25 REPORT TO GENERAL ASSEMBLY 26 Section 601. Report to General Assembly. 27 Thirty months after the effective date of this act, the 28 department shall report to the General Assembly the results of 29 the inspections it has performed under this act together with a 30 report on public compliance with this act. The report shall also 19790H0080B2451 - 59 -
1 document the amount of money that the department received 2 pursuant to this act and the dispensation of these funds. In 3 addition, within 24 months of the effective date of this act, 4 the department shall obtain from every municipality electing to 5 enforce the provisions of this act a report containing 6 information similar to that required of the department under 7 this section. The department shall include such findings in its 8 report to the General Assembly. 9 Section 602. Effective date. 10 This act shall take effect as follows: 11 (1) Chapter 2 shall take effect July 1, 1980 and shall 12 remain in full force and effect for a period of one year 13 after which time the provisions of Chapter 2 shall have no 14 legal effect. 15 (2) Section 301 shall take effect January 1, 1980 and 16 its provisions shall remain in full force and effect for a 17 period of 18 months after which time said provisions shall 18 have no legal effect. 19 (3) Chapter 4 shall take effect July 1, 1981. 20 (4) All other provisions of this act shall take effect 21 January 1, 1980. L13L54JLW/19790H0080B2451 - 60 -