PRIOR PRINTER'S NOS. 600, 1775, 2328, PRINTER'S NO. 2905
2464, 2503
No. 552 Session of 1977
INTRODUCED BY MESSRS. ITKIN, B. F. O'BRIEN, TRELLO, GAMBLE,
McCALL, LEHR, SWEET AND J. L. WRIGHT, MARCH 7, 1977
AS RE-REPORTED FROM COMMITTEE ON MINES AND ENERGY MANAGEMENT,
HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 4, 1978
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 A B. Plans and Specifications <--
15 Section 202. Submission.
16 Section 203. Contents.
17 Subchapter B C. Definitions Relating to Energy Conservation <--
18 Standards
1 Section 204. Definitions relating to standards.
2 Subchapter C D. Building Envelope <--
3 Section 205. General provisions.
4 Section 206. Criteria for residential buildings.
5 Section 207. Other buildings.
6 Section 208. Air leakage.
7 Subchapter D E. Warm Air Heating, Ventilating and Air <--
8 Conditioning Systems and Equipment
9 Section 209. General provisions.
10 Section 210. Design requirements.
11 Section 211. Cooling with outdoor air.
12 Section 212. Mechanical ventilation.
13 Section 213. Simultaneous heating and cooling.
14 Section 214. Recovered energy.
15 Section 215. New energy.
16 Section 216. Reheat systems.
17 Section 217. Dual duct and multizone systems.
18 Section 218. Recooling systems.
19 Section 219. Multiple zones.
20 Section 220. Concurrent operation.
21 Section 221. Equipment performance requirements.
22 Section 222. Duct insulation.
23 Section 223. System controls.
24 Section 224. Steam and hot water heating piping.
25 Subchapter E F. Plumbing Systems <--
26 Section 225. Purpose.
27 Section 226. Fixtures.
28 Section 227. Insulation.
29 Section 228. Equipment.
30 Section 229. Controls.
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1 Subchapter F G. Electrical Systems <--
2 Section 230. System requirements.
3 Subchapter G H. Lighting <--
4 Section 231. Light power budget.
5 Section 232. Calculation methods.
6 Section 233. Building interiors.
7 Section 234. Building exteriors.
8 Section 235. Exceptions to criteria.
9 Section 236. Calculation procedure.
10 Subchapter H I. Alternative Systems <--
11 Section 237. Performance alternative.
12 Section 238. Nondepletable sources.
13 Section 239. Documentation.
14 Chapter 3. Application of Standards: Establishment of
15 Committee and Penalties
16 Section 301. Modification of standards; criteria.
17 Section 302. Application of energy conservation standards.
18 Section 303. Energy conservation manual for buildings.
19 Section 304. Building Energy Conservation Committee.
20 Section 305. Certification.
21 SECTION 306. USE GROUP R-3; NOTICE; WARRANTY. <--
22 Section 306 307. Variances. <--
23 Section 307 308. Building permits. <--
24 Section 308 309. Permits for use or occupancy. <--
25 Section 309 310. Failure to submit certification. <--
26 Section 310 311. Inspections. <--
27 Section 311 312. Appeals. <--
28 Section 312 313. Penalties. <--
29 Section 313 314. Enforcement. <--
30 SECTION 315. CIVIL ACTION. <--
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1 Chapter 4. Adoption of Future Standards
2 Section 401. Adoption and promulgation of standards.
3 CHAPTER 5. LOCAL ELECTION <--
4 SECTION 501. ELECTION; USE GROUP R-3.
5 SECTION 502. ELECTION; CITIES OF THE FIRST, SECOND AND
6 SECOND CLASS A.
7 SECTION 503. POWERS OF MUNICIPALITIES.
8 SECTION 504. VARIANCES.
9 SECTION 505. DISPOSITION OF FINES.
10 CHAPTER 6. REPORT TO GENERAL ASSEMBLY
11 SECTION 601. REPORT TO GENERAL ASSEMBLY
12 Section 402 602. Effective date. <--
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 CHAPTER 1
16 GENERAL PROVISIONS
17 Section 101. Short title.
18 This act shall be known and may be cited as the "Building
19 Energy Conservation Act."
20 Section 102. Legislative findings and declaration of purpose.
21 (a) Findings.--The Legislature hereby determines that:
22 (1) Energy shortages in the domestic supply present far-
23 reaching problems that promise to persist. These energy
24 shortages affect the continued efficient operation of the
25 Commonwealth's economy and social structure.
26 (2) It is the Commonwealth's responsibility to provide
27 for energy conservation through regulation of design and
28 construction standards.
29 (3) The Legislature intends, by this act, to respond to
30 these shortages by devising a specific responsible energy
19770H0552B2905 - 4 -
1 conservation policy for building systems.
2 (b) Purpose.--The purpose of this act is to grant to the
3 Commonwealth of Pennsylvania and direct it to exercise specific
4 authority in building construction to assure that such
5 construction is performed using materials and techniques that
6 will provide for energy conservation in the future operation and
7 maintenance of said structure BUILDINGS. <--
8 Section 103. Definitions.
9 The following words and phrases when used in this act shall
10 have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Building." Any structure that provides facilities or
13 shelter for public assembly or for educational, business,
14 mercantile, institutional, warehouse or residential occupancy,
15 or industrial use including, but not limited to, those portions
16 of factory and industrial occupancy such as office space except
17 for:
18 (1) Buildings and structures or portions thereof whose
19 peak design rate of energy usage is less than one watt per
20 square foot or 3.4 BTU/hr per square foot of floor area for
21 all purposes.
22 (2) Structures or those portions of structures used for
23 manufacturing or processing and whose manufacturing or
24 processing procedures require the use of substantial heat
25 producing energy or cooling to create their product.
26 (3) Buildings which are neither heated nor cooled.
27 (4) Historic buildings.
28 (5) BUILDINGS OWNED BY THE FEDERAL GOVERNMENT. <--
29 "Construction." The erection, fabrication or renovation of a
30 building.
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1 "Department." The Pennsylvania Department of Labor and
2 Industry except that for all units subject to the act of May 11,
3 1972 (P.L.286, No.70), known as the "Industrialized Housing
4 Act," ALL UNITS SUBJECT TO THE ACT OF MAY 11, 1972 (P.L.281, <--
5 NO.69), KNOWN AS THE "UNIFORM STANDARDS CODE FOR MOBILE HOMES,"
6 and all buildings classified as Use Group R-3, herein,
7 department means the Pennsylvania Department of Community
8 Affairs.
9 "Design." Calculations and resultant drawings and
10 specifications which are used for the construction of a
11 building.
12 "Historic building." Any building determined by the State
13 Historic Preservation Officer to meet the criteria for listing
14 on the National Register of Historic Places but only to the
15 extent that compliance with this act would prevent preservation
16 of the historic or architectural integrity of the building.
17 "Licensed design professional." A person licensed as an
18 architect or professional engineer pursuant to the appropriate
19 licensure act.
20 "Life-cycle cost." The cost of a building including its
21 initial cost, the cost of the energy consumed over its economic
22 life and the cost of its operation and maintenance.
23 "MUNICIPALITY." A CITY, BOROUGH, INCORPORATED TOWN OR <--
24 TOWNSHIP.
25 "Performance standards." Parameters within which designers
26 of buildings shall work. The specific practices that a designer
27 employs shall not be prescribed as long as the result is within
28 the parameters established by the standards.
29 "Renovation." (a) The rehabilitation of an existing
30 building which requires more than 25% of the gross floor area or
19770H0552B2905 - 6 -
1 volume of the entire building to be rebuilt; or
2 (b) any addition to an existing building: Provided, however,
3 That the provisions of this act shall only apply to such
4 addition PORTION OF THE BUILDING BEING RENOVATED and not to the <--
5 entire building.
6 CHAPTER 2
7 ENERGY CONSERVATION STANDARDS
8 SUBCHAPTER A <--
9 GENERAL PROVISIONS
10 Section 201. Provisions.
11 The following provisions regulate the design and construction
12 of the exterior envelopes and selection of HVAC, service water
13 heating, electrical distribution, and illumination systems and
14 equipment required for the purpose of effective use of energy
15 and shall govern the construction of all buildings, or portions
16 thereof, as provided herein.
17 SUBCHAPTER A B <--
18 PLANS AND SPECIFICATIONS
19 Section 202. Submission.
20 Plans, specifications, necessary computations and any changes <--
21 (A) PLANS.--PLANS, SPECIFICATIONS, COMPUTATIONS WHERE <--
22 NECESSARY, AND ANY CHANGES thereto together with the necessary
23 certification required by section 305 shall be submitted FOR ALL <--
24 BUILDINGS EXCEPT THOSE CLASSIFIED AS USE GROUP R-3 to indicate
25 conformance with this chapter and other applicable chapters of
26 this act, EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C). <--
27 (B) STANDARD DESIGN.--WHENEVER A PERSON IS CONSTRUCTING A
28 BUILDING IN ACCORDANCE WITH PLANS, SPECIFICATIONS AND
29 COMPUTATIONS WHICH HE HAS SUBMITTED WITHIN THE PREVIOUS TWO
30 YEARS, SUCH PLANS NEED NOT BE RESUBMITTED BUT SUCH PERSON SHALL
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1 INDICATE UPON THE CERTIFICATE REQUIRED BY SECTION 305 THAT THEY
2 MEET THE STANDARDS CURRENTLY IN EFFECT AND IDENTIFY THE
3 PREVIOUSLY SUBMITTED PLANS, SPECIFICATIONS AND COMPUTATIONS.
4 (C) PRESCRIPTIVE STANDARDS.--WHEN THE PRESCRIPTIVE STANDARDS
5 PROVIDED IN THE ENERGY CONSERVATION MANUAL ESTABLISHED BY
6 SECTION 303 ARE EMPLOYED IN THE CONSTRUCTION OF A BUILDING ONLY
7 SUCH INFORMATION AS SHALL BE REQUIRED BY THE DEPARTMENT SHALL BE
8 SUBMITTED.
9 Section 203. Contents.
10 The plans and specifications, WHERE REQUIRED BY SECTION 202, <--
11 shall show in sufficient detail all pertinent data and features
12 of the building and the equipment and systems as herein
13 governed, including but not limited to: exterior envelope
14 component materials, U values of elements, R values of
15 insulating materials, size and type of apparatus and equipment,
16 equipment and system controls and other pertinent data to
17 indicate conformance with the requirements herein.
18 SUBCHAPTER B C <--
19 DEFINITIONS RELATING TO
20 ENERGY CONSERVATION STANDARDS
21 Section 204. Definitions relating to standards.
22 The following words and phrases when used in this chapter
23 shall have, unless the context clearly indicates otherwise, the
24 meanings given to them in this section:
25 "Coefficient of beam utilization" (CBU). The ratio of the
26 luminous flux (lumens) reaching a specified area directly from a
27 floodlight or projector to the total beam luminous flux.
28 "Coefficient of performance" (COP) - cooling. The ratio of
29 the rate of net heat removal to the rate of total energy input,
30 expressed in consistent units and under designated rating
19770H0552B2905 - 8 -
1 conditions.
2 "Coefficient of performance" (COP) - heat pump, heating. The
3 ratio of the rate of net heat output to the rate of total energy
4 input, expressed in consistent units and under designated rating
5 conditions.
6 The rate of net heat output shall be defined as the change in
7 the total heat contents of the air entering and leaving the
8 equipment not including supplementary heat.
9 Total energy input shall be determined by combining the
10 energy inputs to all elements, except supplementary heaters, of
11 the heat pump, including, but not limited to, compressors,
12 pumps, supply air fans, return air fans, outdoor air fans,
13 cooling tower fans and the heating, ventilating and air
14 conditioning system equipment control circuit.
15 "Coefficient of utilization" (CU). The ratio of the luminous
16 flux (lumens) from a luminaire received on the work plane to the
17 lumens emitted by the luminaire's lamps alone.
18 "Color rendition." General expression for the effect of a
19 light source on the color. Appearance of objects in conscious or
20 subconscious comparison with their color appearance under a
21 reference light source.
22 "Degree day, heating." A unit, based upon temperature
23 difference and time, used in estimating fuel consumption and
24 specifying nominal heating load of a building in winter. For any
25 one day, when the mean temperature is less than 65 F., there
26 exist as many degree days as there are Fahrenheit degrees
27 difference in temperature between the mean temperature for the
28 day and 65 F.
29 "Energy efficiency ratio" (EER). The ratio of net cooling
30 capacity in Btuh to total rate of electric input in watts under
19770H0552B2905 - 9 -
1 designated operating conditions.
2 "Equivalent sphere illumination" (ESI). The level of sphere
3 illumination which would produce task visibility equivalent to
4 that produced by a specific lighting environment.
5 "Exterior envelope." The elements of a building which
6 enclose conditioned spaces through which thermal energy may be
7 transferred to or from the exterior.
8 "Floodlighting." A lighting system designated to light an
9 area using projector type luminaires usually capable of being
10 pointed in any direction.
11 "Floor area, gross." Gross floor area shall be the floor
12 area within the perimeter of the outside walls of the building
13 under consideration, without deduction for hallways, stairs,
14 closets, thickness of walls, columns or other features.
15 "Illumination." The density of the luminous flux incident on
16 a surface. It is the quotient of the luminous flux by the area
17 of the surface when the latter is uniformly illuminated.
18 "Light loss factor" (LLF). A factor used in calculating the
19 level of illumination after a given period of time and under
20 given conditions. It takes into account temperature and voltage
21 variations, dirt accumulation on luminaire and room surfaces,
22 lamp depreciation, maintenance procedures and atmosphere
23 conditions.
24 "Luminaire." A complete lighting unit consisting of a lamp
25 or lamps together with the parts designed to distribute the
26 light, to position and protect the lamps and to connect the
27 lamps to the power supply.
28 "Packaged terminal air conditioner." A factory selected
29 combination of heating and cooling components, assemblies or
30 sections, intended to serve a room or zone.
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1 "Power." In connection with machines, power is the time rate
2 of doing work. In connection with the transmission of energy of
3 all types, power refers to the rate at which energy is
4 transmitted; in customary units, it is measured in watts (W) or
5 British thermal units per hour (Btuh) and in SI units is
6 measured in watts (W).
7 "Reflectance." The ratio of the light reflected by a surface
8 to the light falling upon it.
9 "Reheat." The application of sensible heat to supply air
10 that has been previously cooled below the temperature of the
11 conditioned space by either mechanical refrigeration or the
12 introduction of outdoor air to provide cooling.
13 "Residential buildings." All buildings and structures or
14 parts thereof shall be classified in the residential (R) use
15 group in which families or households live, or in which sleeping
16 accommodations are provided for individuals with or without
17 dining facilities, excluding those that are classified as
18 institutional buildings. Residential buildings shall be
19 classified as follows:
20 (1) Use group R-1 structures. This use group shall include
21 all hotel and motel buildings, lodging houses, boarding houses
22 and dormitory buildings arranged for the shelter and sleeping
23 accommodation of more than 20 individuals.
24 (2) Use group R-2 structures. This use group shall include
25 all multiple-family dwellings having more than two dwelling
26 units; and shall also include all dormitories, boarding and
27 lodging houses arranged for shelter and sleeping accommodation
28 by more than five and not more than 20 individuals.
29 (3) Use group R-3 structures. This use group shall include
30 all buildings arranged for the use of one or two family dwelling
19770H0552B2905 - 11 -
1 units including not more than five lodgers or boarders per
2 family.
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 "Work plane." The plane at which work usually is done and at
30 which the illumination is specified and measured. Unless
19770H0552B2905 - 12 -
1 otherwise indicated, this is assumed to be a horizontal plane 30
2 in. (0.76 m) above the floor.
3 "Zone." A space or group of spaces within a building with
4 heating or cooling requirements sufficiently similar so that
5 comfort conditions can be maintained throughout by a single
6 controlling device.
7 SUBCHAPTER C D <--
8 BUILDING ENVELOPE
9 Section 205. General provisions.
10 (a) Purpose of subchapter.--The intent of this subchapter is
11 to provide minimum requirements for exterior envelope
12 construction in the interest of energy conservation.
13 In addition to the criteria set forth in this subchapter the
14 proposed design may take into consideration the thermal mass of
15 the building in considering energy conservation.
16 (b) Thermal performance.--All buildings and structures that
17 are heated or mechanically cooled shall be constructed so as to
18 provide the required thermal performance of the various
19 components.
20 The required thermal transmittance value (Uo) of any one
21 component, such as roof/ceiling, wall or floor may be increased
22 and the Uo value for other components decreased provided that
23 the overall heat gain or loss for the entire building envelope
24 does not exceed the total resulting from conformance to the
25 required Uo values.
26 (c) Different requirements.--A building that is designed to
27 be both heated and cooled shall meet the more stringent of the
28 heating or cooling requirements of the exterior envelope as
29 provided in this subchapter when requirements differ.
30 (d) Exterior walls.--For the purpose of this subchapter the
19770H0552B2905 - 13 -
1 gross area of exterior walls consists of all opaque wall areas,
2 including foundation walls above grade, peripheral edges of
3 floors, window areas including sash, and door areas, where such
4 surfaces are exposed to outdoor air and enclose a heated or
5 mechanically cooled space.
6 (e) Roof assembly.--For the purpose of this subchapter a
7 roof assembly shall be considered as all components of the
8 roof/ceiling envelope through which heat flows, thereby creating
9 a building transmission heat loss or gain, where such assembly
10 is exposed to outdoor air and encloses a heated or mechanically
11 cooled space.
12 The gross area of a roof assembly consists of the total
13 interior surface of such assembly, including skylights, exposed
14 to the heated or mechanically cooled space.
15 Where air ceiling plenums are employed, the roof or ceiling
16 assembly shall:
17 (1) For thermal transmittance purposes not include the
18 ceiling proper nor the plenum space as part of the assembly.
19 (2) For gross area purposes be based upon the interior
20 face of the upper plenum surface.
21 Section 206. Criteria for residential buildings.
22 (a) Applicability.--The requirements herein shall apply to
23 all buildings and structures or portions thereof of use groups
24 R-1, R-2 and R-3 that are heated or mechanically cooled when not
25 more than 3 stories or 40 feet in height.
26 (b) Walls.--The gross area of exterior walls above grade,
27 including foundation walls, shall have a combined thermal
28 transmittance value (Uo) not exceeding those specified in Table
29 1.
30 Table 1
19770H0552B2905 - 14 -
1 Maximum Allowable "Uo" Values for
2 Gross Exterior Wall Assemblies
3 Detached All other
4 Annual heating degree days* one & two family residential
5 4000 0.25 0.31
6 5000 0.23 0.29
7 6000 0.22 0.27
8 7000 0.20 0.26
9 *As specified in Chapter 43 ASHRAE Handbook-Systems.
10 (c) Roof/ceiling.--The roof/ceiling assemblies shall have a
11 combined thermal transmittance value (Uo) not to exceed 0.05
12 except that roof/ceiling assemblies in which the finished
13 interior surface is essentially the underside of the roof deck,
14 such as a wooden cathedral ceiling, may have a "Uo" value not to
15 exceed 0.08. These values presume no significant thermal
16 transmission through framing members, skylights or other
17 interruptions in the roof envelope. If such interruptions occur,
18 calculations must be made showing conformance to the required
19 "Uo" values.
20 (d) Floors over unheated spaces.--The floor of a heated or
21 mechanically cooled space located over an unheated space shall
22 have a combined thermal transmittance value (Uo) not to exceed
23 0.08.
24 (e) Slab-on grade floors.--
25 (1) For slab-on grade floors, the perimeter of the floor
26 shall be insulated with a material having a thermal
27 resistance value (R) not less than those specified in Table
28 2.
29 Table 2
30 Minimum Allowable "R" Values of Perimeter
19770H0552B2905 - 15 -
1 Insulation for Slab-On Grade Floors
2 Annual heating degree days Heated slab Unheated slab
3 4000* 5.5 3.5
4 5000 6.3 4.2
5 6000 7.0 4.9
6 7000 7.8 5.5
7 *Table values may be interpolated.
8 (2) The insulation shall extend downward from the top of
9 the slab for a minimum distance of 24 inches or downward to
10 the bottom of the slab then horizontally beneath the slab for
11 a minimum total distance of 24 inches.
12 Section 207. Other buildings.
13 (a) Coverage.--The heating and cooling requirements herein
14 shall govern all buildings and structures or portions thereof
15 other than defined by section 206.
16 (b) Heating criteria for walls.--All buildings and
17 structures that are heated shall have a combined thermal
18 transmittance value (Uo) for the gross area of exterior walls
19 not exceeding those specified in Table 3.
20 Table 3
21 Maximum Allowable "Uo" Values
22 for Gross Exterior Wall Assemblies
23 3 stories or More than
24 Annual heating degree days 40 ft. or less 3 stories or
25 40 ft.
26 4000 0.31 0.38
27 5000 0.29 0.36
28 6000 0.27 0.33
29 7000 0.26 0.31
30 (c) Heating criteria for roof/ceiling.--All buildings and
19770H0552B2905 - 16 -
1 structures that are heated shall have combined thermal
2 transmittance value (Uo) for roof/ceiling assemblies not
3 exceeding those specified in Table 4.
4 Table 4
5 Maximum Allowable "Uo" Values
6 for Roof/Ceiling Assemblies
7 Annual heating degree days Maximum Uo
8 4000* 0.092
9 5000 0.084
10 6000 0.076
11 7000 0.068
12 *Table values may be interpolated.
13 (d) Heating criteria for floors over unheated spaces.--The
14 floor of a heated space located over an unheated space shall
15 have a thermal transmittance value (Uo) not exceeding 0.08.
16 (e) Heating criteria for slab-on grade floors.--For slab-on
17 grade floors, the perimeter of the floor shall be insulated with
18 a material having a thermal resistance value (R) not less than
19 those specified in Table 5.
20 The insulation shall extend downward from the top of the slab
21 for a minimum distance of 24 inches or downward to the bottom of
22 the slab then horizontally beneath the slab for a minimum total
23 distance of 24 inches.
24 Table 5
25 Minimum Allowable "R" Values of Perimeter
26 Insulation for Slab-On Grade Floors
27 Annual heating degree days Heated slab Unheated slab
28 4000* 5.5 3.5
29 5000 6.3 4.2
30 6000 7.0 4.9
19770H0552B2905 - 17 -
1 7000 7.8 5.5
2 *Table values may be interpolated.
3 (f) Cooling criteria for walls.--All buildings and
4 structures that are mechanically cooled shall have an overall
5 thermal transfer value for the gross area of exterior walls not
6 exceeding 33.5 BTU's per hour per square foot based on the
7 following equation:
8 OTTV = (Uw x Aw X TDEQ) + (Af x Sf x Sc) + (Uf x Af x Delta T)
9 Ao
10 OTTV = Overall thermal transfer value where:
11 Uw = The thermal transmittance of all elements of the opaque
12 wall area Btu/h. ft2.F (W/m2K)
13 Aw = Opaque wall area, ft2 (m2)
14 Uf = The thermal transmittance of the fenestration area
15 Btu/h. ft2.F (W/m2K)
16 Af = Fenestration area, ft2 (m2)
17 TDEQ = Value given in the following table,F, (c):
18 TABLE FOR TEMPERATURE DIFFERENCE
19 Wall Construction-mass per unit area TDEQ
20 LB/FT2 Kg/m2 F C
21 0-25 0-125 44 24.5
22 26-40 126-195 37 21.0
23 41-70 196-345 30 17.0
24 71 and above 346 and above 23 13.0
25 Weight of wall construction shall be determined from the
26 1972 ASHRAE Handbook of Fundamentals, Chapter 22.
27 Sc = Shading coefficient of the fenestration
28 Delta T = Temperature difference between exterior and interior
29 design conditions, F, for which the following
30 temperatures shall apply:
19770H0552B2905 - 18 -
1 Indoor Outdoor
2 F C
3 Winter 72 22.0 97 1/2%*
4 Summer 78 25.5 2 1/2%*
5 * Values from 1972 ASHRAE Handbook of
6 Fundamentals, Chapter 33.
7 SF = Solar factor value given Btu/h.ft2 (W/m2).
8 (use 127 Btu/h.ft2)
9 AO = Gross area of exterior walls, ft2 (m2). The gross
10 area of exterior walls consists of all opaque wall
11 areas (including foundation walls, between floor span-
12 drels, peripheral edges of floors, etc.), window
13 areas (including sash), and door areas, where such
14 surfaces are exposed to outdoor air and enclose a
15 heated and/or mechanically cooled space (including
16 intersticial areas between two such spaces).
17 Note: Where more than one type of wall and/or fenestration
18 is used, the respective term or terms shall be expanded
19 into sub-elements, as:
20 (Uw x Aw x TDEQ) + (Uw2 x Aw2 x TDEQ2), etc.
21 (g) Cooling criteria for roof/ceilings.--All buildings and
22 structures that are mechanically cooled shall have a combined
23 thermal transmittance value (Uo) for roof/ceiling assemblies the
24 same as specified in Table 4 for heating.
25 Section 208. Air leakage.
26 (a) Application.--The requirements of this section shall
27 apply to all buildings and structures and apply only to those
28 locations separating outdoor ambient conditions from interior
29 spaces that are heated or mechanically cooled and are not
30 applicable to separation of interior spaces from each other.
19770H0552B2905 - 19 -
1 (b) Standard.--Compliance with the criteria for air leakage
2 shall be determined by ASTM E-283, Standard Method of Test for
3 Rate of Air Leakage through Exterior Windows, Curtain Walls and
4 Doors, at a pressure differential of 1.567 lb/ft2 which is
5 equivalent to the effect of a 25 m.p.h. wind.
6 (c) Acceptance criteria.--The following criteria shall
7 represent the maximum allowable air leakage:
8 (1) The air infiltration rate for windows shall not
9 exceed 0.5 cfm per foot of sash crack.
10 (2) The air infiltration rate for sliding glass doors in
11 residential buildings shall not exceed 0.5 cfm per square
12 foot of door area.
13 (3) The air infiltration rate for swinging doors in
14 residential buildings shall not exceed 1.25 cfm per square
15 foot of door area.
16 (4) The air infiltration rate for swinging, revolving or
17 sliding doors in other than residential buildings shall not
18 exceed 11 cfm per lineal foot of door crack.
19 (d) Caulking and sealants.--Exterior joints around windows
20 and door frames, between wall cavities and window or door
21 frames, between wall and foundation, between wall and roof,
22 between wall panels, at penetrations or utility services through
23 walls, floors and roofs, and all other openings in the exterior
24 envelope shall be caulked, gasketed, weatherstripped, or
25 otherwise sealed.
26 SUBCHAPTER D E <--
27 WARM AIR HEATING, VENTILATING AND AIR CONDITIONING
28 SYSTEMS AND EQUIPMENT
29 Section 209. General provisions.
30 This subchapter applies to air duct systems employing
19770H0552B2905 - 20 -
1 mechanical means for the movement of air used for warm air
2 heating, ventilating, air conditioning systems, exhaust systems
3 and combination heating and air conditioning systems, except
4 that this subchapter shall not apply to systems for the removal
5 of flammable vapors or residues or to systems for conveying
6 dust, stock or refuse by means of air currents. Heating,
7 ventilating and air conditioning systems of all buildings and
8 structures or portions thereof shall be designed and installed
9 for efficient use of energy as herein provided. For special
10 applications such as hospitals, laboratories, thermally
11 sensitive equipment, computer rooms, and manufacturing
12 processes, the design concepts and parameters shall conform to
13 the requirements of the application at minimum energy levels.
14 Section 210. Design requirements.
15 In determining design conditions for calculations under this
16 section the following design temperatures shall apply:
17 (1) Outdoor design temperature shall be selected for
18 listed locations in Chapter 33 of the ASHRAE Handbook of
19 Fundamentals, from columns of 97 1/2% values for heating and
20 2 1/2% values for cooling.
21 (2) Indoor design temperature shall be 70 degrees F. for
22 heating and 78 degrees F. for cooling.
23 (3) Indoor design relative humidity for heating shall
24 not exceed 30%. For cooling, the actual design relative
25 humidity within the comfort envelope as defined in ASHRAE
26 Standard 55-74 "Thermal Environmental Conditions for Human
27 Occupancy" shall be selected for the minimum total heating,
28 ventilating, and air conditioning system energy use.
29 Section 211. Cooling with outdoor air.
30 (a) Fan system design.--Each fan system shall be designed to
19770H0552B2905 - 21 -
1 use up to and including 100% of the fan system capacity for
2 cooling with outdoor air automatically whenever its use will
3 result in lower usage of energy than would be required under its
4 normal operation.
5 (b) Exceptions.--Cooling with outdoor air is not required
6 under any one or more of the following conditions:
7 (1) Fan system capacity less than 5,000 Cfm or 134,000
8 Btu/Hr total cooling capacity.
9 (2) The quality of the outdoor air is so poor as to
10 require extensive treatment of the air.
11 (3) The need for humidification or dehumidification
12 requires the use of more energy than is conserved by outdoor
13 air cooling.
14 (4) The use of outdoor air cooling may affect the
15 operation of other systems (such as return or exhaust air
16 fans or supermarket refrigeration) so as to increase the
17 overall energy consumption of the building.
18 (5) Internal/external zone heat recovery or other energy
19 recovery is used.
20 (6) When all space cooling is accomplished by a
21 circulating liquid which transfers space heat directly or
22 indirectly to a heat rejection device such as a cooling tower
23 without the use of a refrigeration system.
24 Section 212. Mechanical ventilation.
25 Each mechanical ventilation system shall be equipped with a
26 readily accessible means for either shut-off or volume reduction
27 and shut-off when ventilation is not required.
28 Section 213. Simultaneous heating and cooling.
29 Systems that employ both heating and cooling simultaneously
30 in order to achieve comfort conditions within a space shall be
19770H0552B2905 - 22 -
1 limited to those situations where more efficient methods of
2 heating and air conditioning cannot be effectively utilized to
3 meet system objectives. Simultaneous heating and cooling by
4 reheating or recooling supply air or by concurrent operation or
5 independent heating and cooling systems serving a common zone
6 shall be restricted as specified herein.
7 Section 214. Recovered energy.
8 Recovered energy, provided the new energy expended in the
9 recovery process is less than the amount recovered, may be used
10 for control of temperature and humidity. New energy is defined
11 as energy, other than recovered, utilized for the purpose of
12 heating or cooling.
13 Section 215. New energy.
14 (a) Prevention of excess humidity.--New energy may be used,
15 when necessary, to prevent relative humidity from rising above
16 60% for comfort control or to prevent condensation on terminal
17 units or outlets.
18 (b) Control of temperature.--New energy may be used for
19 control of temperature if minimized as specified in sections 216
20 through 220.
21 Section 216. Reheat systems.
22 Systems employing reheat and serving multiple zones, other
23 than those employing variable air volume for temperature
24 control, shall be provided with control that will automatically
25 reset the system cold air supply to the highest temperature
26 level that will satisfy the zone requiring the coolest air.
27 Single zone reheat systems shall be controlled to sequence
28 reheat and cooling.
29 Section 217. Dual duct and multizone systems.
30 These systems shall be provided with control that will
19770H0552B2905 - 23 -
1 automatically reset the cold deck air supply to the highest
2 temperature that will satisfy the zone requiring the coolest air
3 and the hot deck air supply to the lowest temperature that will
4 satisfy the zone requiring the warmest air.
5 Section 218. Recooling systems.
6 Systems in which heated air is recooled directly or
7 indirectly, to maintain space temperature, shall be provided
8 with control that will automatically reset the temperature to
9 which the supply air is heated to the lowest level that will
10 satisfy the zone requiring the warmest air.
11 Section 219. Multiple zones.
12 For systems with multiple zones, one or more zones may be
13 chosen to represent a number of zones with similar heating or
14 cooling characteristics. A multiple zone heating, ventilating
15 and air conditioning system that employs reheating or recooling
16 for control of not more than 5,000 Cfm or 20% of the total
17 supply air of the system, whichever is less, shall be exempt
18 from the supply air temperature reset requirements of sections
19 216 through 218.
20 Section 220. Concurrent operation.
21 Concurrent operation of independent heating and cooling
22 systems serving common spaces, and requiring the use of new
23 energy for heating or cooling shall be minimized by one or both
24 of the following:
25 (1) By providing sequential temperature control of both
26 heating and cooling capacity in each zone.
27 (2) By limiting the heating energy input, through
28 automatic reset control of the heating medium temperature (or
29 energy input rate), to only that necessary to offset heat
30 loss due to transmission and infiltration and, where
19770H0552B2905 - 24 -
1 applicable, to heat the ventilation air supply to the space.
2 Section 221. Equipment performance requirements.
3 (a) Application.--The requirements of this section apply to
4 equipment and component performance for heating, ventilating and
5 air conditioning systems. Where equipment efficiency levels are
6 specified, data furnished by the equipment supplier or certified
7 under a nationally recognized certification program or rating
8 procedure shall be used to satisfy these requirements.
9 (b) Systems equipment - electrical.--Heating ventilating and
10 air conditioning systems equipment whose energy input in the
11 cooling mode is entirely electric shall show a coefficient of
12 performance (COP) and energy efficiency ratio (EER) not less
13 than the values specified in Table 6. These requirements apply
14 to, but are not limited to, unitary cooling equipment (air and
15 water source); packaged air conditioners; and room air
16 conditioners. These requirements do not apply to equipment used
17 in areas having open refrigerated food display cases. For
18 determining coefficient of performance (COP), the rate of net
19 heat removal shall be defined as the change in the total heat
20 contents of the air entering and leaving the equipment (without
21 reheat). Total energy input shall be determined by combining the
22 energy inputs to all elements of the equipment, including but
23 not limited to, compressors, pumps, supply-air fans, cooling
24 tower fans and the system equipment control circuit.
25 Table 6
26 Minimum EER and COP for Electric Heating, Ventilating
27 and Air Conditioning System Equipment
28 Standard rating capacity EER COP
29 Under 65,000 Btu/hr (19,050 watts) 6.1 1.8
30 65,000 Btu/hr (19,050 watts) and over 6.8 2.0
19770H0552B2905 - 25 -
1 (c) Other system equipment.--Heat operated cooling equipment
2 shall show a coefficient of performance (COP) in the cooling
3 mode not less than the values specified in Table 7. These
4 requirements apply to, but are not limited to, absorption,
5 engine-driven and turbine-driven equipment. The coefficient of
6 performance (COP) is determined excluding the electrical
7 auxiliary inputs.
8 Table 7
9 Minimum COP for Heating, Ventilating and Air Conditioning
10 System Heat Operated Cooling Equipment
11 Heat source Minimum COP
12 Direct fired (gas, oil) 0.40
13 Indirect fired (steam, hot water) 0.65
14 (d) System components.--Heating, ventilating and air
15 conditioning system components whose energy input in the cooling
16 mode is entirely electric shall show a coefficient of
17 performance (COP) and energy efficiency ratio (EER) not less
18 than the values specified in Table 8. For determining
19 coefficient of performance (COP), the rate of heat removal is
20 defined as the difference in total heat contents of the water or
21 refrigerant entering or leaving the component. Total energy
22 input shall be determined by combining the energy inputs to all
23 elements and accessories of the component, including but not
24 limited to, compressors, internal circulating pumps, condenser-
25 air fans, evaporative-condenser cooling heater pumps, purge, and
26 the component control circuit.
27 Table 8
28 Minimum COP for Electrically Driven Heating, Ventilating
29 and Air Conditioning System Components
30 Component Condensing means Air Water Evaporation
19770H0552B2905 - 26 -
1 ERR COP EER COP EER COP
2 Self-contained Centrifugal 7.5 2.2 12.9 3.8
3 water chillers
4 Positive
5 displacement 7.2 2.1 10.9 3.2
6 Condenserless Positive
7 water chillers displacement 8.9 2.6 10.9 3.2
8 Compressor and
9 condenser units Positive
10 65,000 Btu/hr. displacement 7.8 2.3 11.3 3.3 11.3 3.3
11 (19,050 watts)
12 and over
13 (e) Heat pumps.--Heat pumps whose energy input is entirely
14 electric shall show a coefficient of performance (COP), heating,
15 not less than the values specified in Table 9.
16 Table 9
17 Minimum COP for Heat Pumps, Heating Mode
18 Source and outdoor temperature (degree F.) Minimum COP
19 Air source--47 DB/43 WB 2.2
20 Air source--17 DB/15 WB 1.2
21 Water source--60 entering 2.2
22 (f) Supplementary heater.--The heat pump shall be installed
23 with a control to prevent supplementary heater operation when
24 the heating load can be met by the heat pump alone.
25 Supplementary heater operation is permitted during transient
26 periods, such as start-ups, following room thermostat setpoint
27 advance, and during defrost. A two-stage room thermostat, which
28 controls the supplementary heat on its second stage, shall be
29 accepted as meeting this requirement. The cut-on temperature for
30 the compression heating shall be higher than the cut-on
19770H0552B2905 - 27 -
1 temperature for the supplementary heat, and the cut-off
2 temperature for the compression heating shall be higher than the
3 cut-off temperature for the supplementary heat. Supplementary
4 heat may be derived from any source of electric resistance
5 heating or combustion heating.
6 (g) Combustion heating equipment.--All gas and oilfired
7 comfort heating equipment shall show a minimum combustion
8 efficiency of 75% at maximum rated output. Combustion efficiency
9 shall be determined in accordance with the ASHRAE Standard 90.
10 Section 222. Duct insulation.
11 (a) Insulation.--All duct systems, or portions thereof,
12 exposed to nonconditioned spaces shall be insulated to provide a
13 thermal resistance, excluding film resistance, of
14 ti - to
15 R = --------(hr) (sq.ft) (F)/BTU
16 15
17 where ti-to is the design temperature differential (absolute
18 value) between the air in the duct and the surrounding air with
19 the following exceptions. Duct insulation, except when needed to
20 prevent condensation, is not required in any of the following
21 cases:
22 (1) Where ti-to is 25 degrees F. or less.
23 (2) When the heat gain or loss of the ducts, without
24 insulation, will not increase the energy requirements of the
25 building.
26 (3) Exhaust air ducts.
27 (4) Supply or return air ducts installed in crawl spaces
28 with insulated walls, basements or cellars in one and two-
29 family dwellings.
30 (b) Vapor barriers.--Where required to prevent condensation,
19770H0552B2905 - 28 -
1 insulation with vapor barriers shall be installed in addition to
2 insulation required above.
3 Section 223. System controls.
4 (a) Application.--All heating, ventilating and air
5 conditioning systems shall be provided controls as specified
6 herein.
7 (b) Temperature.--Each heating, ventilating and air
8 conditioning system shall be provided with at least one
9 thermostat for the regulation of temperature. Each thermostat
10 shall be capable of being set from 55 degrees F. to 75 degrees
11 F. where used to control heating only and from 70 degrees F. to
12 85 degrees F. where used to control cooling only. Where used to
13 control both heating and cooling it shall be capable of being
14 set from 55 degrees F. to 85 degrees F. and shall be capable of
15 operating the system heating and cooling in sequence. It shall
16 be adjustable to provide a temperature range of up to 10 degrees
17 F. between full heating and full cooling, except as allowed in
18 section 220.
19 (c) Humidity.--If a heating, ventilating and air
20 conditioning system is equipped with a means for adding moisture
21 to maintain specific selected relative humidities in spaces or
22 zones, a humidistat shall be provided. This device shall be
23 capable of being set to prevent new energy from being used to
24 produce space relative humidity above 30% R.H. Where a
25 humidistat is used in a heating, ventilating and air
26 conditioning system for controlling moisture removal to maintain
27 specific selected relative humidities in spaces or zones, it
28 shall be capable of being set to prevent new energy from being
29 used to produce a space relative humidity below 60%.
30 (d) Temperature zoning.--
19770H0552B2905 - 29 -
1 (1) In all buildings and structures of use group R-3, at
2 least one thermostat for regulation of space temperature
3 shall be provided for each separate heating, ventilating and
4 air conditioning system. In addition, a readily accessible
5 manual or automatic means shall be provided to partially
6 restrict or shut-off the heating or cooling input to each
7 zone or floor, excluding unheated or uncooled basements and
8 garages.
9 (2) In all buildings and structures of use group R-2,
10 each individual dwelling unit shall be considered separately
11 and shall meet the requirements for one and two-family
12 dwellings above.
13 (3) In all buildings and structures other than use group
14 R-3 and in spaces other than dwelling units in use group R-2,
15 at least one thermostat for regulation of space temperature
16 shall be provided for each separate heating, ventilating and
17 air conditioning system and for each floor of the building.
18 (e) Set-back and shut-off.--
19 (1) In all buildings and structures, or portions thereof
20 of use group R-3, the thermostat, or an alternate means such
21 as a switch or a clock, shall provide a readily accessible,
22 manual or automatic means for reducing the energy required
23 for heating and cooling during periods of nonuse or reduced
24 need.
25 (2) In all other buildings and structures, or portions
26 thereof each heating, ventilating and air conditioning system
27 shall be equipped with a readily accessible means of reducing
28 the energy used for heating, ventilating and air conditioning
29 during periods of nonuse or alternate uses of the building
30 spaces or zones served by the system, such as with manually
19770H0552B2905 - 30 -
1 adjustable automatic timing devices, manual devices for use
2 by operating personnel, or automatic control systems.
3 (3) Lowering thermostat set points to reduce energy
4 consumption of heating systems shall not cause energy to be
5 expended to reach the reduced setting.
6 Section 224. Steam and hot water heating piping.
7 (a) Piping insulation.--All piping serving as part of a
8 heating or cooling system installed to serve buildings and
9 within buildings shall be thermally insulated as shown in Table
10 10.
11 Table 10
12 Minimum Pipe Insulation
13 Insulation thickness in inches
14 Fluid for pipe sizes
15 Piping temperature
16 system range, Runouts 1" and 1 1/4- 2 1/2- 5& 8" and
17 types F. up to 2" less 2 4 6 larger
18 Heating systems
19 Steam &
20 hot water
21 High pressure/
22 temp 306-450 1 1/2 1 1/2 2 2 1/2 3 1/2 3 1/2
23 Med. pressure/
24 temp 251-305 1 1/2 1 1/2 2 2 1/2 3 3
25 Low pressure/
26 temp 201-250 1 1 1 1/2 1 1/2 2 2
27 Low tem-
28 perature 120-200 1/2 3/4 1 1 1 1 1/2
29 Steam con-
30 densate Any 1 1 1 1 1/2 1 1/2 2
19770H0552B2905 - 31 -
1 (for feed
2 water)
3 Cooling systems
4 Chilled
5 water, 40-55 1/2 1/2 3/4 1 1 1
6 Refrigerant,
7 or brine Below 40 1 1 1 1/2 1 1/2 1 1/2 1 1/2
8 Insulation thicknesses are based on insulation having thermal
9 resistances in the range of 4.0 to 4.6 per inch of thickness on
10 a flat surface at a mean temperature of 75 degrees F. Minimum
11 insulation thickness shall be increased for materials having R
12 values less than 4.0 or may be reduced for materials having R
13 values greater than 4.6 per inch of thickness as follows:
14 (b) High thermal resistance.--For materials with thermal
15 resistance greater than R=4.6, the minimum insulation thickness
16 may be reduced as follows:
17 4.6 x Table 10 Thickness = New Minimum Thickness
18 Actual R
19 (c) Low thermal resistance.--For materials with thermal
20 resistance less than R=4.0 the minimum insulation thickness
21 shall be increased as follows:
22 4.0 x Table 10 Thickness = New Minimum Thickness
23 Actual R
24 Piping insulation, except when needed to prevent condensation,
25 is not required in any of the following cases:
26 (1) Piping installed within heating, ventilating and air
27 conditioning equipment.
28 (2) Piping at temperatures between 55 degrees F. and 120
29 degrees F.
30 (3) When the heat loss or heat gain of the piping,
19770H0552B2905 - 32 -
1 without insulation, does not increase the energy requirements
2 of the building.
3 (4) Piping installed in basements or cellars in one and
4 two-family dwellings.
5 (d) Vapor barriers.--Where required to prevent condensation,
6 insulation with vapor barriers shall be installed in addition to
7 insulation required above.
8 SUBCHAPTER E F <--
9 PLUMBING SYSTEMS
10 Section 225. Purpose.
11 This subchapter sets forth provisions for design and
12 equipment selection for energy conservation in service water
13 heating systems.
14 Section 226. Fixtures.
15 (a) Lavatories.--Lavatories in restrooms of public
16 facilities shall be equipped with self-closing outlet devices
17 which limit the flow of hot water to a maximum of 0.5 Gpm,
18 devices which limit the outlet temperature to a maximum of 110
19 degrees F. and selfclosing valves which limit the quantity of
20 hot water to a maximum of 0.25 gallons.
21 (b) Showers.--Showers used for other than safety reasons
22 shall be equipped with flow control devices to limit total flow
23 to a maximum of 3 Gpm per shower head.
24 Section 227. Insulation.
25 (a) Piping insulation.--Piping in required return
26 circulation systems shall be insulated so that heat loss is
27 limited to a maximum of 25 Btuh per square foot of external pipe
28 surface for above ground piping and a maximum of 35 Btuh per
29 square foot of external pipe surface for underground piping.
30 Maximum heat loss shall be determined at a temperature
19770H0552B2905 - 33 -
1 differential equal to the maximum water temperature minus a
2 design ambient temperature no higher than 65 degrees F. except
3 that conformance with table 10 for "low temperature piping
4 system" shall be deemed as complying with this section.
5 (b) Tanks.--Unfired hot water storage tanks shall be
6 insulated so that heat loss is limited to a maximum of 15 Btuh
7 per square foot of external tank surface area. For purposes of
8 determining this heat loss, the design ambient temperature shall
9 be no higher than 65 degrees F.
10 Section 228. Equipment.
11 (a) Pump operation.--Circulating hot water systems shall be
12 arranged so that the circulating pump can be conveniently turned
13 off either automatically or manually when the hot water system
14 is not in operation.
15 (b) Electric water heaters.--All automatic electric storage
16 water heaters shall have a stand-by loss not exceeding 4 watts
17 per square foot of tank surface area. The method of test of
18 stand-by loss shall be as described in section 4.3.1 of ANSI
19 C72.1 Household Automatic Electrical Storage-Type Water Heaters.
20 (c) Gas and oil-fired water heaters.--All gas and oil-fired
21 automatic storage heaters shall have a recovery efficiency, ER,
22 not less than 75% and a stand-by loss percentage S, not
23 exceeding S=2.3+67/V where V=rated volume in gallons. The method
24 of test of ER and S shall be as described in section 2.7 of ANSI
25 Z21.10.3 Circulating Tank, Instantaneous and Large Automatic
26 Storage Type Water Heaters, Approval Requirements for Gas Water
27 Heaters.
28 Section 229. Controls.
29 (a) Temperature controls.--All hot water supply systems
30 shall be equipped with automatic temperature controls capable of
19770H0552B2905 - 34 -
1 adjustments from the lowest to the highest acceptable
2 temperature settings for the intended use.
3 (b) Shut down.--A separate switch shall be provided to
4 terminate the energy supplied to electric hot water supply
5 systems. A separate valve shall be provided to turn off the
6 energy supplied to the main burner of all other types of hot
7 water supply systems.
8 SUBCHAPTER F G <--
9 ELECTRICAL SYSTEMS
10 Section 230. System requirements.
11 (a) Power factor.--The power factor of the overall
12 electrical distribution system in a building shall be not less
13 than 90% under rated design installed load of the building,
14 either by utilization equipment design or by the use of power
15 factor corrective devices. The power factor corrective devices
16 may be installed on individual equipment, rated greater than
17 1,000 watts and switched therewith, regionally grouped, located
18 at the service equipment or power factor correction achieved by
19 other equivalent means. The choice among these corrective
20 methods should be made based upon an engineering evaluation of
21 each distribution system.
22 (b) Service voltage.--Where a choice of service voltage is
23 available, the voltage resulting in the least energy loss shall
24 be used.
25 (c) Voltage drop.--In any building, the maximum total
26 voltage drop shall not exceed 3% in branch circuits or feeders,
27 for a total of 5% to the farthest outlet based on steady state
28 design load conditions.
29 (d) Lighting switching.--Switching shall be provided for
30 each lighting circuit, or for portions of each circuit, so that
19770H0552B2905 - 35 -
1 the partial lighting required for custodial or for effective
2 complementary use with natural lighting may be operated
3 selectively.
4 (e) Separate metering.--In all multi-family dwellings
5 provisions shall be made to determine the electrical energy
6 consumed by each tenant.
7 SUBCHAPTER G H <--
8 LIGHTING
9 Section 231. Light power budget.
10 A lighting power budget is the upper limit of the power to be
11 available to provide the lighting needs in accordance with a
12 given set of criteria and given calculation procedure.
13 Section 232. Calculation methods.
14 The criteria specified below shall be utilized for
15 computation of the lighting power budget. All calculations shall
16 be in accordance with accepted engineering practice. When
17 insufficient information is known about the specific use of the
18 building space (e.g., number of occupants, space function,
19 location of partitions), the budget shall be based on the
20 apparent intended use of the building space.
21 Section 233. Building interiors.
22 (a) Procedure.--The allowable electric power for lighting
23 shall be established by using the criteria and the calculation
24 procedures specified in section 236. The value shall be based on
25 the use for which the space within the building is intended and
26 on efficient energy utilization.
27 (b) Illumination level criteria.--For the purpose of
28 establishing a budget, levels of illumination shall be those
29 listed in fig. 9-80 of the IES Lighting Handbook, and those
30 levels shall be used as follows:
19770H0552B2905 - 36 -
1 (1) For task lighting, the levels of illumination listed
2 are for specific tasks. These levels are for the task areas
3 defined in the IES Lighting Handbook or, where not defined,
4 at all usable portions of task surfaces. In some cases, the
5 levels of illumination are listed for locations (e.g.,
6 auditoriums). These levels are to be considered as average
7 levels.
8 (2) For general lighting, in areas surrounding task
9 locations, the average level of general lighting, for budget
10 purposes only, shall be one-third the level for the tasks
11 performed in the area but in no case less than 20-foot
12 candles. Where more than one task level occurs in a space,
13 the general level shall be one-third the weighted average of
14 the specific task levels.
15 (3) For noncritical lighting, in circulation and seating
16 areas, where no specific visual tasks occur, the average
17 level of illumination shall be one-third of the average
18 general lighting in the adjacent task spaces but in no case
19 less than ten-foot candles.
20 (4) For the purpose of establishing a power budget, only
21 lamp efficacies and coefficients of utilization (CU)
22 specified in Table 11, shall be assumed.
23 Section 234. Building exteriors.
24 (a) Basis on use.--In exterior spaces, the lighting power
25 budget shall be based on the use of which the space is intended
26 (for task performance, safety, or security) and on efficient
27 energy utilization.
28 (b) Criteria.--The same criteria as those for interior
29 spaces apply for illumination levels and lighting systems with
30 the addition of luminaires for flood lighting. For power budget
19770H0552B2905 - 37 -
1 purposes floodlighting shall be selected with luminaires having
2 a greater percentage of their beam lumens restricted to the area
3 to be lighted. Such luminaires are defined as those with at
4 least the minimum efficiencies listed in the IES Lighting
5 Handbook.
6 (c) Facade lighting.--Facade lighting for budget purposes
7 shall be no greater than 2% of the total interior load of the
8 building.
9 (d) Calculation procedure.--In establishing a lighting power
10 budget the following procedures shall be used:
11 (1) For overhead lighting the procedure specified in
12 section 236 shall be followed, but using reflectances as
13 found.
14 (2) For flood lighting the beam lumen method, as shows <--
15 SHOWN in the IES Lighting Handbook and a coefficient of beam <--
16 utilization (CBU) of 0.75 shall be used for floodlighting
17 calculations.
18 Section 235. Exceptions to criteria.
19 (a) Interiors.--The criteria of section 233 shall not apply
20 to the following areas when calculating the load:
21 (1) Portions of residential occupancies except for
22 kitchens, bathrooms, and laundry areas and public spaces
23 including lobbies, halls, stairways, basement areas, and
24 utility rooms.
25 (2) Residential type spaces similar to those stated in
26 paragraph (1) in institutions, such as hospitals, hotels,
27 funeral homes, churches, museums, etc.
28 (3) Theater auditoriums, entertainment and audiovisual
29 presentations where the lighting is an essential technical
30 element for the function performed.
19770H0552B2905 - 38 -
1 (b) Exteriors.--The criteria of section 234 shall not apply
2 to the following lamps and luminaries; however, their use shall
3 be accounted for in the calculation of task lighting loads for
4 specific tasks. The allowable load shall be based on the
5 luminary wattage to achieve the levels of illumination as
6 covered in section 233 using a point calculation method given in
7 the IES Lighting Handbook. The excepted lamps and luminaires are
8 as follows:
9 (1) Luminaires for medical and dental purposes.
10 (2) Luminaires for highlighting applications, such as
11 sculpture exhibits, art exhibits, and individual items of
12 display merchandise.
13 (3) Luminaires for specialized lighting applications
14 (color matching, where electrical interference cannot be
15 tolerated, etc.).
16 (c) Control of reflectances.--The criteria of Table 11 shall
17 not apply in spaces where it is impractical to control
18 reflectances and where a dirty atmosphere cannot be avoided.
19 Where this condition exists, the values for reflectances and
20 light loss factors shall be those expected to be found and shall
21 be approved by the department. The calculation shall make a note
22 of this deviation.
23 Section 236. Calculation procedure.
24 (a) Illumination levels and areas.--To establish
25 illumination levels and areas, the following procedure shall be
26 used:
27 (1) Determine the visual tasks that are expected to be
28 performed in each space and the number of planned work
29 locations where tasks will be performed. If assumptions are
30 made, their bases shall be indicated.
19770H0552B2905 - 39 -
1 (2) Select the illumination level, in foot-candles for
2 those expected tasks in accordance with section 233(b)(1).
3 (3) Calculate total task areas to be illuminated to the
4 same level by multiplying the number of work locations by 50
5 square feet per work location. (Total task areas shall not
6 exceed actual total space area). If actual task area is
7 greater than 50 square feet the actual area shall be used. If
8 special task lighting or localized lighting is to be
9 employed, use the actual task areas and point calculation
10 procedures.
11 (4) Calculate the level of general lighting by
12 multiplying the task lighting level by one-third, where there
13 is only one task level, or by taking one-third of the sum of
14 the products of the task levels as provided for in paragraph
15 (2) and their areas as provided for in paragraph (3) divided
16 by the total task areas.
17 (5) Calculate the level of noncritical lighting.
18 (b) Lighting system data.--To establish lighting system
19 data, the following shall be used:
20 (1) Light source and luminaire types to use.
21 (2) Lamp lumens per watt and luminaire coefficients of
22 utilization for room and luminaire mounting height
23 dimensions. Luminaire CUs shall be selected from the IES
24 Lighting Handbook. In all cases, no luminaire shall have a CU
25 for RCR = 1 of less than that given in Table 11 lamp
26 efficacies for the appropriate space.
27 (c) Allowable wattage.--To establish allowable wattage, the
28 following shall be used:
29 (1) Using data from subsection (b), the illumination
30 levels and areas determined in subsection (a), and the
19770H0552B2905 - 40 -
1 criteria of Table 11 on Reflectance, calculate the allowable
2 wattages using the lumen method.
3 (2) Calculate the total space wattage by adding the
4 task, general and noncritical lighting loads.
5 (3) Add the wattage of luminaires allowed in section
6 235(b).
7 Table 11
8 (a) Lamp efficacies.--The following are initial lumen output
9 per watt input, including ballast losses:
10 Application Lumens
11 per Watt
12 Where moderate color rendition is appropriate 55
13 Where good color rendition is appropriate 40
14 Where high color rendition is appropriate,
15 spaces are less than 50 square feet or where
16 use of low wattage High Intensity Discharge
17 (HID) lamps under 250 W or fluorescent
18 lamps under 40 W is appropriate 25
19 (b) Luminary coefficients of utilization (CU).--Coefficients
20 of utilization (CUs) are to be for luminaires for use in the
21 types of spaces listed below, and those luminaires shall have a
22 CU of no less than that listed below (for each type space) for a
23 Room Cavity Ratio (RCR) of 1 and reflectances as in (c).
24 Space Use Minimum CU
25 (at RCR = 1)
26 For spaces with tasks subjected to veiling
27 reflections where design levels of
28 illumination are listed in terms of
29 equivalent sphere illumination (ESI) and
30 where visual comfort is important. 0.55
19770H0552B2905 - 41 -
1 For spaces without tasks, or with tasks
2 not subjected to veiling reflections, but
3 where visual comfort is important. 0.63
4 For spaces without tasks and where visual
5 comfort is not a criterion 0.70
6 (c) Other criteria; reflectances.--For interior spaces, the
7 following initial cavity and surface reflectances shall be
8 assumed:
9 Ceiling cavity reflectance 80%
10 Wall reflectance 50%
11 Floor cavity reflectance 20%
12 Light Loss Factor. A light loss factor (LLF) of 0.70 shall be
13 used.
14 SUBCHAPTER H I <--
15 ALTERNATIVE SYSTEMS
16 Section 237. Performance alternative.
17 Alternative building systems and equipment design may be
18 approved by the department when they can be shown to have energy
19 consumption not greater than that of a similar building with
20 similar forms of energy requirements, designed in accordance
21 with the provisions of this act or when they can be shown to
22 have energy consumption not greater than that which shall be
23 established by the department with the approval of the Building
24 Energy Conservation Committee, for the purposes of this section: <--
25 PROVIDED, HOWEVER, THAT FOR ALL BUILDINGS CLASSIFIED AS USE
26 GROUP R-3 ALTERNATE BUILDING SYSTEMS AND EQUIPMENT DESIGN WHICH
27 SATISFY THE CRITERIA OF THIS SECTION SHALL NOT REQUIRE THE
28 APPROVAL OF THE DEPARTMENT BUT THE USE OF SUCH AN ALTERNATE
29 BUILDING SYSTEM OR EQUIPMENT DESIGN SHALL BE INDICATED IN THE
30 WARRANTY PROVIDED IN SECTION 306.
19770H0552B2905 - 42 -
1 Section 238. Nondepletable sources.
2 When such alternative systems utilize solar, geothermal, wind
3 or other nondepletable energy sources for all or part of their
4 energy sources, such nondepletable energy supplied to the
5 building shall be excluded from the total energy chargeable to
6 the proposed alternative design.
7 Section 239. Documentation.
8 Proposed alternative designs, submitted TO THE DEPARTMENT as <--
9 requests for exception to the standard design criteria, must be
10 accompanied by an energy analysis prepared in accordance with
11 the ASHRAE Standard 90-75.
12 CHAPTER 3
13 APPLICATION OF STANDARDS: ESTABLISHMENT
14 OF COMMITTEE AND PENALTIES
15 Section 301. Modification of standards; criteria.
16 The department, with the approval of the Building Energy
17 Conservation Committee established pursuant to section 304,
18 after one or more public hearings, may recommend to the General
19 Assembly modifications to the energy conservation standards
20 contained in Chapter 2 hereof. Any recommended modification to
21 the energy conservation standards shall meet the following
22 criteria:
23 (1) It shall be consistent with the latest and most
24 effective technology.
25 (2) It shall not be in conflict with existing safeguards
26 for public health and safety.
27 (3) It shall be economically feasible as determined by
28 life-cycle-cost procedures.
29 (4) It shall be sufficiently stringent to effect a
30 significant savings of energy resources.
19770H0552B2905 - 43 -
1 (5) It shall be a performance standard for the design of
2 buildings and systems within buildings to assure maximum
3 practical conservation of energy.
4 (6) Consideration shall be given to building and energy
5 standards promulgated by national and other state
6 governmental agencies, private organizations and any other
7 available energy data, as well as the total energy allocation
8 approach.
9 Section 302. Application of energy conservation standards.
10 The energy conservation standards contained herein or as
11 promulgated by the department with the approval of the Building
12 Energy Conservation Committee shall apply to new buildings or to
13 renovations on which actual construction and/or design has not
14 commenced prior to their effective dates.
15 Section 303. Energy conservation manual for buildings.
16 (a) Production of manual.--Concurrent with the adoption of
17 the energy conservation codes required by this act, the
18 department shall produce an energy conservation manual for use
19 by designers, builders, and contractors of residential and
20 nonresidential buildings, AND MUNICIPALITIES OF THE <--
21 COMMONWEALTH. This manual shall contain the established
22 standards and accepted practices. THE MANUAL SHALL FURTHER <--
23 CONTAIN PRESCRIPTIVE STANDARDS WHICH, IF COMPLIED WITH, WILL
24 RESULT IN CONFORMANCE WITH THE PERFORMANCE STANDARDS CONTAINED
25 HEREIN OR AS PROMULGATED BY THE DEPARTMENT AND SHALL BE WRITTEN
26 IN SUCH MANNER AS TO BE EASILY UNDERSTOOD BY PERSONS POSSESSING
27 A MINIMAL TECHNICAL BACKGROUND. The manual shall be furnished
28 upon request to members of the public at a price sufficient to
29 cover the cost of printing.
30 (b) Review of manual.--The manual shall be reviewed by the
19770H0552B2905 - 44 -
1 department and the Building Energy Conservation Committee at
2 least annually and shall be updated as significant new energy
3 conservation information becomes available.
4 (C) EDUCATIONAL PROGRAMS.--THE DEPARTMENT SHALL PROVIDE <--
5 SEMINARS AND OTHER EDUCATIONAL PROGRAMS THROUGHOUT THE
6 COMMONWEALTH TO PROVIDE INFORMATION AND COUNSELING TO BUILDERS,
7 ARCHITECTS, OTHER LICENSED DESIGN PROFESSIONALS, LOCAL BUILDING
8 OFFICIALS AND OTHER PERSONS AFFECTED BY THIS ACT ON THE
9 STANDARDS CONTAINED HEREIN OR AS PROMULGATED BY THE DEPARTMENT.
10 Section 304. Building Energy Conservation Committee.
11 (a) Composition of committee.--In order to further the
12 coordinated and effective administration of this act, there is
13 hereby established a Building Energy Conservation Committee. It
14 shall consist of at least 25 30 members and no more than 35 40 <--
15 members, the membership of which shall be appointed by the
16 Governor and shall include a representative of each of the
17 following entities or their successors:
18 (1) Department of Education.
19 (2) Governor's Energy Council.
20 (3) Department of General Services.
21 (4) Department of Labor and Industry.
22 (5) Department of Community Affairs.
23 (6) Pennsylvania Builders Association.
24 (7) Pennsylvania Associated Builders and Contractors,
25 Inc.
26 (8) Pennsylvania Building Officials Conference.
27 (9) Mechanical Contractors Association of America.
28 (10) Pennsylvania Chamber of Commerce.
29 (11) General Contractors Association of Pennsylvania.
30 (12) Pennsylvania Society of Architects.
19770H0552B2905 - 45 -
1 (13) Pennsylvania Society of Professional Engineers.
2 (14) American Society of Heating, Refrigerating and Air
3 Conditioning Engineers, Inc..
4 (15) Pennsylvania Gas Association.
5 (16) Pennsylvania Electric Association.
6 (17) Industrialized Housing Manufacturers Association.
7 (18) Thermal Insulation Manufacturers Association.
8 (19) Pennsylvania Building Trades Council.
9 (20) CONSULTING ENGINEERS COUNCIL OF PENNSYLVANIA. <--
10 (21) PENNSYLVANIA LEAGUE OF CITIES.
11 (22) PENNSYLVANIA STATE ASSOCIATION OF BOROUGHS.
12 (23) PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP
13 COMMISSIONERS.
14 (24) PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP
15 SUPERVISORS.
16 (20) 25 Representatives of such other agencies and <--
17 organizations or individuals as the Governor may find are
18 necessary and proper to carry out the purposes of the
19 committee including, but not limited to, labor organizations,
20 financial and lending institutions, and consumer groups.
21 (b) Powers and duties.--In addition to the powers and duties
22 enumerated in this act, the Building Energy Conservation
23 Committee shall:
24 (1) Be responsible for the regular exchange of
25 information and plans regarding building energy conservation,
26 for the development, review and approval of proposed and
27 existing standards, guidelines, regulations, and manuals.
28 (2) Elect from its members a Board on Variances.
29 (c) Expenses.--The members of the committee shall not
30 receive any compensation for their services but shall be
19770H0552B2905 - 46 -
1 reimbursed for their actual and necessary expenses incurred in
2 the performance of their duties. Provided, however, when acting
3 on matters concerning variances members of the Board on
4 Variances shall receive $50 per day plus their actual and
5 necessary expenses.
6 Section 305. Certification.
7 (A) APPLICABILITY.--THE PROVISIONS OF THIS SECTION SHALL <--
8 APPLY TO ALL BUILDINGS SUBJECT TO THIS ACT EXCEPT THOSE
9 CLASSIFIED AS USE GROUP R-3.
10 (a) (B) Compliance with act.--It shall be the duty of the <--
11 architect LICENSED DESIGN PROFESSIONAL retained in connection <--
12 with the design OR construction or renovation of a building to <--
13 certify the drawings, specifications and other data showing
14 compliance with the provisions of this act, except as provided
15 in subsection (d) (E). If the building is subject to the <--
16 provisions of the act of April 27, 1927 (P.L.465, No.299),
17 referred to as the Fire and Panic Act, the certification
18 required hereunder shall be submitted on a form with the
19 application for plan approval under the said Fire and Panic Act.
20 (b) (C) Inspection.--Each architect, other licensed design <--
21 professional retained by the owner in lieu of an architect, or <--
22 the architect's OR HIS designee, WHERE ANY OF SUCH ARE RETAINED <--
23 DURING THE CONSTRUCTION OF A BUILDING, shall make periodic
24 inspections of the building progression to insure compliance
25 with this act, except as provided in subsection (d) (E). <--
26 (c) (D) Final certification.--Each architect or other <--
27 licensed design professional retained by the owner in lieu of an <--
28 architect shall make a final certification of every completed
29 building showing compliance with the provisions of this act,
30 except as provided in subsection (d) (E). <--
19770H0552B2905 - 47 -
1 (d) (E) Certification by builder.--If an architect or other <--
2 A licensed design professional is not retained in connection <--
3 with the design AND construction or renovation of a building, it <--
4 shall be the responsibility of the builder or owner, if he is
5 the builder, to perform the inspections and certification
6 required by this section.
7 SECTION 306. USE GROUP R-3; NOTICE; WARRANTY. <--
8 (A) NOTICE.--PRIOR TO CONSTRUCTION OF ANY BUILDING
9 CLASSIFIED AS USE GROUP R-3, THE BUILDER SHALL NOTIFY THE
10 DEPARTMENT BY CERTIFIED MAIL OF HIS INTENT TO BEGIN
11 CONSTRUCTION. SUCH NOTICE SHALL CONTAIN THE NAME OF THE OWNER OF
12 THE BUILDING AND ITS LOCATION.
13 (B) WARRANTY.--AT THE TIME A CONTRACT FOR THE CONSTRUCTION
14 OF ANY BUILDING CLASSIFIED AS USE GROUP R-3 IS ENTERED INTO, THE
15 BUILDER SHALL WARRANT TO THE OWNER IN WRITING THAT THE BUILDING
16 SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
17 ACT. SUCH WARRANTY SHALL BE A DOCUMENT SEPARATE FROM THE
18 CONTRACT AND SHALL BE IN THE FOLLOWING FORM:
19 I, (BUILDER) , HEREBY WARRANT TO (OWNER) THAT THE
20 PREMISES KNOWN AS (DESCRIPTION)
21 SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE
22 ACT OF __________, 19__, NO.____, KNOWN AS THE "BUILDING ENERGY
23 CONSERVATION ACT." THIS LAW PROVIDES BUILDING AND EQUIPMENT
24 STANDARDS TO MAKE YOUR HOME ENERGY EFFICIENT AND ALSO PROVIDES
25 YOU WITH LEGAL REMEDIES IF YOUR HOME IS NOT BUILT ACCORDING TO
26 THE STATE STANDARDS. IF YOU WOULD LIKE THE STATE TO DO AN
27 ENERGY AUDIT OF YOUR HOME TO DETERMINE IF IT CONFORMS TO STATE
28 STANDARDS, YOU MAY CALL THE PENNSYLVANIA DEPARTMENT OF
29 COMMUNITY AFFAIRS AT (TELEPHONE) , AND THEY WILL PERFORM AN
30 INSPECTION OF YOUR HOME FOR A FEE OF $25.00.
19770H0552B2905 - 48 -
1 INDICATE IF ALTERNATE BUILDING SYSTEM OR EQUIPMENT DESIGN IS
2 BEING EMPLOYED.
3 (C) IF THE BUILDER IS ALSO THE OWNER OF THE BUILDING AT THE
4 TIME OF CONSTRUCTION, HE SHALL PROVIDE THE WARRANTY REQUIRED BY
5 SUBSECTION (B) AT THE TIME OF ITS INITIAL SALE TO A NEW OWNER.
6 SUCH WARRANTY SHALL BE IN SUBSTANTIALLY THE SAME FORM AS
7 PROVIDED IN SUBSECTION (B).
8 (D) FAILURE TO PROVIDE NOTICE.--THE DEPARTMENT OF COMMUNITY
9 AFFAIRS, AFTER HEARING, MAY ASSESS A CIVIL PENALTY PAYABLE TO
10 THE COMMONWEALTH OF PENNSYLVANIA NOT TO EXCEED $100 UPON ANY
11 BUILDER WHO FAILS TO GIVE THE NOTICE REQUIRED BY SUBSECTION (A).
12 IN DETERMINING THE AMOUNT OF THE CIVIL PENALTY, THE DEPARTMENT
13 OF COMMUNITY AFFAIRS SHALL CONSIDER THE WILFULNESS OF THE
14 VIOLATION AND THE COST INCURRED BY THE DEPARTMENT IN DISCOVERING
15 THE VIOLATION.
16 (E) FAILURE TO PROVIDE WARRANTY.--WHENEVER A BUILDER FAILS
17 TO PROVIDE THE WARRANTY REQUIRED BY SUBSECTIONS (B) OR (C) SUCH
18 REQUIRED WARRANTY SHALL CONSTITUTE AN IMPLIED WARRANTY AND THE
19 OWNER'S RIGHT TO PROCEED UNDER SECTION 315(A) SHALL NOT BE
20 AFFECTED. IF IT IS ESTABLISHED BY A PREPONDERANCE OF THE
21 EVIDENCE THAT THE BUILDER'S FAILURE TO PROVIDE THE WARRANTY WAS
22 WILFUL, THEN DAMAGES IN TWICE THE AMOUNT PROVIDED IN SECTION 315
23 MAY BE AWARDED.
24 Section 306 307. Variances. <--
25 (a) Requests.--Any request for a variance from the energy
26 conservation standards contained herein shall be made to the
27 Board on Variances of the Building Energy Conservation Committee
28 AND A DECISION ON SUCH REQUEST SHALL BE MADE WITHIN 30 DAYS OF <--
29 ITS FILING.
30 (b) Criteria.--A variance shall be granted only if it is
19770H0552B2905 - 49 -
1 found that:
2 (1) compliance with the provisions of this act would
3 result in extreme hardship to the owner; and
4 (2) the granting of such variance would not result in a
5 significant increase in the energy usage of the building.
6 Section 307 308. Building permits. <--
7 Any building permit issued by the Commonwealth or any of its
8 political subdivisions shall have printed upon its face notice
9 that the provisions of this act must be complied with.
10 Section 308 309. Permits for use or occupancy. <--
11 Before any building or structure hereafter constructed or <--
12 renovated , OTHER THAN A BUILDING CLASSIFIED AS USE GROUP R-3, <--
13 shall be used or opened for occupancy, the owner thereof shall
14 notify the department of the completion of the building FOR THE <--
15 PURPOSES OF THIS ACT and submit the necessary certification
16 therewith: PROVIDED, HOWEVER, THAT IF A MUNICIPALITY ELECTS TO <--
17 ADMINISTER THE PROVISIONS OF THIS ACT UNDER CHAPTER 5 SUCH
18 NOTICE AND CERTIFICATION SHALL BE SUBMITTED TO THE MUNICIPALITY
19 WHICH SHALL FORWARD A COPY OF THE NOTICE TO THE DEPARTMENT.
20 Within 10 days of receipt of the certification the department <--
21 shall forward notice of receipt of such certification to the
22 owner. No permit for use or occupancy shall be granted until
23 such submission has been made. No building official of the
24 Commonwealth or any of its political subdivisions shall issue a
25 permit until he has received proof of SUCH compliance. Provided, <--
26 however, that if the certification is forwarded to the
27 department by certified mail with a return receipt requested and
28 the owner does not receive the notice of receipt of
29 certification provided for by this section within the time
30 provided herein, in such case, any building official of the
19770H0552B2905 - 50 -
1 Commonwealth or any of its political subdivisions shall issue a
2 permit for use or occupancy upon presentation of the return
3 receipt by the owner WHERE THE CERTIFICATE HAS BEEN SUBMITTED TO <--
4 THE DEPARTMENT, PRESENTATION TO THE BUILDING OFFICIAL OF THE
5 MAILING RECEIPT TOGETHER WITH A COPY OF THE CERTIFICATION
6 REQUIRED BY SECTION 305 SHALL ESTABLISH PROOF OF COMPLIANCE FOR
7 THE PURPOSES OF THIS SECTION. UPON SUCH PRESENTATION ANY
8 BUILDING OFFICIAL OF THE COMMONWEALTH OR ANY OF ITS POLITICAL
9 SUBDIVISIONS SHALL ISSUE A PERMIT FOR USE OR OCCUPANCY, PROVIDED
10 ALL OTHER CRITERIA FOR SUCH A PERMIT HAVE BEEN SATISFIED and
11 said building official shall notify the department that he has
12 issued the same.
13 Section 309 310. Failure to submit certification. <--
14 Whenever the owner of any building, or structure OTHER THAN A <--
15 BUILDING CLASSIFIED AS USE GROUP R-3, shall fail to notify the <--
16 department of the completion of the building and to GIVE THE <--
17 NOTICE AND submit the necessary certification IN ACCORDANCE WITH <--
18 SECTION 309 and shall nevertheless proceed with the use or
19 occupancy of the building, the department or the political <--
20 subdivision MUNICIPALITY shall serve notice on the said owner <--
21 that he is in violation of this act and order him to comply
22 therewith.
23 Section 310 311. Inspections. <--
24 The department may inspect PERFORM A NONDESTRUCTIVE <--
25 INSPECTION within two years of the date of completion of
26 construction or renovation OF any building constructed or <--
27 renovated after the effective date of this act to determine
28 compliance with the provisions of this act, provided at least 30
29 days notice has been given to the owner. THE DEPARTMENT MAY ALSO <--
30 PERFORM SUCH INSPECTIONS AT THE REQUEST OF THE OWNER OF ANY
19770H0552B2905 - 51 -
1 BUILDING SUBJECT TO THIS ACT FOR A FEE OF $25.00.
2 Section 311 312. Appeals. <--
3 Review of any decisions rendered under the provisions of this
4 act shall be brought in the court of common pleas of the county
5 wherein the building is situated. Such review shall be limited
6 to determining whether any such decision was arbitrary and
7 capricious.
8 Section 312 313. Penalties. <--
9 (A) APPLICABILITY.--THE PROVISIONS OF THIS SECTION SHALL <--
10 APPLY TO ALL BUILDINGS SUBJECT TO THIS ACT EXCEPT THOSE
11 CLASSIFIED AS USE GROUP R-3.
12 (a) (B) Violations of act.--Any person who shall willfully <--
13 or negligently violate any of the provisions of this act, or the
14 rules and regulations or the orders for the enforcement of the
15 said provisions or rules and regulations issued by duly
16 authorized officers of the department or who shall hinder, delay
17 or interfere with any officer charged with the enforcement of
18 this act in the performance of his duty, shall, upon conviction
19 thereof, be punished by a fine of not more than $300 and costs.
20 In the event of violation of more than one provision of this
21 act, the violation of each provision shall be deemed a separate
22 and distinct offense for the purposes of this section.
23 (b) (C) Institution of proceedings.--Prosecutions for <--
24 violations of this act or the rules and regulations of the
25 department may be instituted by the Secretary of Labor and
26 Industry or the Secretary of Community Affairs, or under his <--
27 directions by an authorized representative of the department.
28 Upon conviction after a hearing IN A COURT OF COMPETENT <--
29 JURISDICTION, the sentences provided in this act shall be
30 imposed and shall be final unless an appeal be taken in the
19770H0552B2905 - 52 -
1 manner prescribed by law.
2 (c) (D) Disposition of fines.--All fines collected under <--
3 this act shall be forwarded to the department who shall pay the
4 same into the State Treasury for the use of the Commonwealth.
5 (d) (E) False certification.--Any architect or other <--
6 licensed design professional who willfully provides a false
7 certification for any building subject to the provisions of this
8 act shall be subject to the suspension or revocation of his
9 license by the State Board of Examiners of Architects or other
10 applicable State licensing board.
11 Section 313 314. Enforcement. <--
12 (a) Applicability.--The provisions of this act shall apply
13 to every building enumerated in this act, except buildings owned <--
14 by the Federal Government, including buildings owned in whole or
15 in part by the Commonwealth or any political subdivision
16 thereof, and FOR ALL BUILDINGS, OTHER THAN THOSE CLASSIFIED AS <--
17 USE GROUP R-3 shall be enforced by the Secretary of Labor and
18 Industry, or by the Secretary of Community Affairs, by and <--
19 through his authorized representatives.
20 (b) Powers of officers.--For the purpose of enforcing the
21 provisions of this act, all the officers charged with its
22 enforcement shall have the power to enter any of the buildings
23 enumerated in this act, and no person shall hinder or delay, or
24 interfere with any of the said officers in the performance of
25 his duty, nor refuse any pertinent information necessary to
26 determine whether the provisions of this act and the rules and
27 regulations herein provided for, are or will be complied with.
28 SECTION 315. CIVIL ACTION. <--
29 (A) USE GROUP R-3.--THE OWNER OF ANY BUILDING SUBJECT TO THE
30 REQUIREMENTS OF SECTION 306 WHO IS AGGRIEVED AS THE RESULT OF
19770H0552B2905 - 53 -
1 SUCH BUILDING NOT BEING PROPERLY DESIGNED OR CONSTRUCTED IN
2 CONFORMANCE WITH THIS ACT SHALL HAVE A RIGHT OF ACTION FOR
3 BREACH OF WARRANTY. REMEDIES MAY INCLUDE SPECIFIC PERFORMANCE OR
4 AN AWARD OF DAMAGES IN AN AMOUNT NOT LESS THAN $300. ATTORNEY'S
5 FEES SHALL BE RECOVERABLE IN ANY ACTION IN WHICH THE OWNER
6 PREVAILS. ANY SUCH AWARD SHALL FURTHER PROVIDE FOR PAYMENT OF
7 THE ACTUAL COSTS IN EXCESS OF $25 INCURRED BY THE DEPARTMENT IF
8 IT INSPECTED THE BUILDING FOR THE OWNER AND THE OWNER SHALL
9 REMIT SUCH AMOUNT TO THE DEPARTMENT.
10 (B) OTHER BUILDINGS.--THE OWNER OF ANY BUILDING, OTHER THAN
11 A BUILDING CLASSIFIED AS USE GROUP R-3, AT THE TIME OF ITS
12 DESIGN OR CONSTRUCTION UNDER THE PROVISIONS OF THIS ACT WHO IS
13 AGGRIEVED AS THE RESULT OF SUCH BUILDING NOT BEING PROPERLY
14 DESIGNED OR CONSTRUCTED IN CONFORMANCE WITH THIS ACT SHALL HAVE
15 A RIGHT OF ACTION AGAINST ANY PERSON WHO IS REQUIRED TO SUBMIT
16 THE CERTIFICATE REQUIRED BY SECTION 305.
17 (C) LIMITATION OF ACTION.--NO ACTION BROUGHT UNDER THIS
18 SECTION SHALL BE MAINTAINED UNLESS BROUGHT WITHIN THREE YEARS
19 FROM THE DATE OF COMPLETION OF THE BUILDING.
20 CHAPTER 4
21 ADOPTION OF FUTURE STANDARDS
22 Section 401. Adoption and promulgation of standards.
23 The department, with the approval of the Building Energy
24 Conservation Committee, shall, after one or more public
25 hearings, adopt and publish energy conservation standards for
26 all buildings covered by this act in accordance with the
27 provisions of the act of July 31, 1968 (P.L.769, No.240), known
28 as the "Commonwealth Documents Law." The purpose of such
29 standards is to reduce wasteful or uneconomic consumption of
30 energy by balancing the cost of energy procurement against the
19770H0552B2905 - 54 -
1 cost of energy-conserving building practices. The energy
2 conservation standards shall meet the following criteria:
3 (1) They shall be consistent with the latest and most
4 effective technology.
5 (2) They shall not be in conflict with existing
6 safeguards for public health and safety.
7 (3) They shall be economically feasible as determined by
8 life-cycle-cost procedures.
9 (4) They shall be sufficiently stringent to effect a
10 significant savings of energy resources.
11 (5) They shall be a performance standard for the design
12 of buildings and systems within buildings to assure maximum
13 practical conservation of energy.
14 (6) Consideration shall be given to building and energy
15 standards promulgated by national and other State
16 governmental agencies, private organizations and any other
17 available energy data, as well as the total energy allocation
18 approach.
19 CHAPTER 5 <--
20 LOCAL ELECTION
21 SECTION 501. ELECTION; USE GROUP R-3.
22 ANY MUNICIPALITY OF THIS COMMONWEALTH MAY ELECT TO ADMINISTER
23 THE PROVISIONS OF THIS ACT RELATING TO USE GROUP R-3 BUILDINGS,
24 AS DEFINED IN SECTION 103, EXCEPT FOR UNITS SUBJECT TO THE ACT
25 OF MAY 11, 1972 (P.L.286, NO.70), KNOWN AS THE "INDUSTRIALIZED
26 HOUSING ACT" AND THE ACT OF MAY 11, 1972 (P.L.281, NO.69), KNOWN
27 AS THE "UNIFORM STANDARDS CODE FOR MOBILE HOMES." SUCH ELECTION
28 SHALL BE MADE BY RESOLUTION OF THE GOVERNING BODY OF SUCH
29 MUNICIPALITY WHICH SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
30 THE (CITY, BOROUGH, TOWN, OR TOWNSHIP) OF____________________
19770H0552B2905 - 55 -
1 HEREBY ELECTS TO ADMINISTER THE PROVISIONS OF THE ACT
2 OF____________, 1978, NO._______ KNOWN AS THE "BUILDING ENERGY
3 CONSERVATION ACT" FOR USE GROUP R-3 BUILDINGS AS DEFINED
4 THEREIN.
5 SECTION 502. ELECTION; CITIES OF THE FIRST, SECOND AND SECOND
6 CLASS A.
7 ANY CITY OF THE FIRST CLASS, SECOND CLASS AND SECOND CLASS A
8 MAY ELECT TO ADMINISTER THE PROVISIONS OF THIS ACT FOR ALL
9 BUILDINGS SUBJECT HERETO, EXCEPT FOR UNITS SUBJECT TO THE ACT OF
10 MAY 11, 1972 (P.L.286, NO.70), KNOWN AS THE "INDUSTRIALIZED
11 HOUSING ACT" AND THE ACT OF MAY 11, 1972 (P.L.281, NO.69), KNOWN
12 AS THE "UNIFORM STANDARDS CODE FOR MOBILE HOMES." SUCH ELECTION
13 SHALL BE MADE BY RESOLUTION OF THE GOVERNING BODY OF SUCH CITY
14 WHICH SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
15 THE CITY OF________________HEREBY ELECTS TO ADMINISTER THE
16 PROVISIONS OF THE ACT OF _________, 1978, NO._______ KNOWN AS
17 THE "BUILDING ENERGY CONSERVATION ACT."
18 SECTION 503. POWERS OF MUNICIPALITIES.
19 ANY MUNICIPALITY ELECTING TO ADMINISTER THE PROVISIONS OF
20 THIS ACT UNDER SECTION 501 OR 502 SHALL EXERCISE THE SAME POWERS
21 CONFERRED UPON THE DEPARTMENT BY THIS ACT, INCLUDING THE POWER
22 TO INSTITUTE PROCEEDINGS FOR VIOLATIONS OF THE ACT, WITH THE
23 EXCEPTION OF THOSE POWERS SPECIFIED IN SECTIONS 301, 303 AND IN
24 CHAPTER 4. IN ADDITION, ANY SUCH MUNICIPALITY MAY EXERCISE SUCH
25 OTHER ADMINISTRATIVE AND ENFORCEMENT PROCEDURES AS IT SHALL DEEM
26 NECESSARY TO EFFECT THE PURPOSES OF THIS ACT INCLUDING, BUT NOT
27 LIMITED TO, PRIOR PLAN APPROVAL, BUILDING PERMIT REQUIREMENTS,
28 USE OR OCCUPANCY PERMIT REQUIREMENTS AND INSPECTIONS DURING THE
29 COURSE OF CONSTRUCTION.
30 SECTION 504. VARIANCES.
19770H0552B2905 - 56 -
1 ANY MUNICIPALITY ELECTING TO ADMINISTER THE PROVISIONS OF
2 THIS ACT UNDER SECTION 501 OR 502 SHALL ESTABLISH A BOARD ON
3 VARIANCES TO MAKE DETERMINATIONS ON REQUEST FOR VARIANCE FROM
4 THE ENERGY CONSERVATION STANDARDS CONTAINED HEREIN OR AS
5 PROMULGATED BY THE DEPARTMENT WITH THE APPROVAL OF THE BUILDING
6 ENERGY CONSERVATION COMMITTEE, AND IS AUTHORIZED EXCLUSIVE
7 JURISDICTION TO GRANT SUCH VARIANCES, SECTION 307(A)
8 NOTWITHSTANDING. A VARIANCE SHALL ONLY BE GRANTED IF THE
9 CRITERIA OF SECTION 307(B) HAVE BEEN SATISFIED.
10 SECTION 505. DISPOSITION OF FINES.
11 ANY FINES COLLECTED UNDER THIS ACT BY ANY MUNICIPALITY
12 ELECTING TO ADMINISTER THE PROVISIONS OF THIS ACT UNDER SECTION
13 501 OR 502 SHALL BE RETAINED BY THE MUNICIPALITY, SECTION 313(C)
14 NOTWITHSTANDING.
15 CHAPTER 6
16 REPORT TO GENERAL ASSEMBLY
17 SECTION 601. REPORT TO GENERAL ASSEMBLY.
18 THIRTY MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT, THE
19 DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY THE RESULTS OF
20 THE INSPECTIONS IT HAS PERFORMED UNDER THIS ACT TOGETHER WITH A
21 REPORT ON PUBLIC COMPLIANCE WITH THIS ACT.
22 Section 402 602. Effective date. <--
23 This act shall take effect as follows:
24 (1) Chapter 2 shall take effect in six months and shall
25 remain in full force and effect for a period of one year
26 after which time the provisions of Chapter 2 shall have no
27 legal effect.
28 (2) Section 301 shall take effect immediately and its
29 provisions shall remain in full force and effect for a period
30 of 18 months after which time said provisions shall have no
19770H0552B2905 - 57 -
1 legal effect.
2 (3) Chapter 4 shall take effect in 18 months.
3 (4) All other provisions of this act shall take effect
4 immediately.
B10L42JLW/19770H0552B2905 - 58 -