SENATE AMENDED PRIOR PRINTER'S NOS. 600, 1775, 2328, PRINTER'S NO. 3768 2464, 2503, 2905, 3369
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
SENATOR MELLOW, ENVIRONMENTAL RESOURCES, IN SENATE, AS AMENDED, SEPTEMBER 19, 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 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. 19770H0552B3768 - 2 -
1 Section 229. Controls. 2 Subchapter G. Electrical Systems 3 Section 230. System requirements. 4 Subchapter H. Lighting 5 Section 231. Light 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. 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. 19770H0552B3768 - 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. 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. 30 (2) It is the Commonwealth's responsibility to provide 19770H0552B3768 - 4 -
1 for energy conservation through regulation of design and 2 construction standards. 3 (3) The Legislature intends, by this act, to respond to 4 these shortages by devising a specific responsible energy 5 conservation policy for building systems. 6 (b) Purpose.--The purpose of this act is to grant to the 7 Commonwealth of Pennsylvania and direct it to exercise specific 8 authority in building construction to assure that such 9 construction is performed using materials and techniques that 10 will provide for energy conservation in the future operation and 11 maintenance of said buildings. 12 Section 103. Definitions. 13 The following words and phrases when used in this act shall 14 have, unless the context clearly indicates otherwise, the 15 meanings given to them in this section: 16 "Building." Any structure that provides facilities or 17 shelter for public assembly or for educational, business, 18 mercantile, institutional, warehouse or residential occupancy, 19 or industrial use including, but not limited to, those portions 20 of factory and industrial occupancy such as office space except 21 for: 22 (1) Buildings and structures or portions thereof whose 23 peak design rate of energy usage is less than one watt per 24 square foot or 3.4 BTU/hr per square foot of floor area for 25 all purposes. 26 (2) Structures or those portions of structures used for 27 manufacturing or processing and whose manufacturing or 28 processing procedures require the use of substantial heat 29 producing energy or cooling to create their product. 30 (3) Buildings which are neither heated nor cooled. 19770H0552B3768 - 5 -
1 (4) Historic buildings. 2 (5) Buildings owned by the Federal Government. 3 "Construction." The erection, fabrication or renovation of a 4 building. 5 "Department." The Pennsylvania Department of Labor and 6 Industry except that for all units subject to the act of May 11, 7 1972 (P.L.286, No.70), known as the "Industrialized Housing 8 Act," all units subject to the act of May 11, 1972 (P.L.281, 9 No.69), known as the "Uniform Standards Code for Mobile Homes," 10 and all buildings classified as Use Group R-3, herein, 11 department means the Pennsylvania Department of Community 12 Affairs. 13 "Design." Calculations and resultant drawings and 14 specifications which are used for the construction of a 15 building. 16 "Historic building." Any building determined by the State 17 Historic Preservation Officer to meet the criteria for listing 18 on the National Register of Historic Places but only to the 19 extent that compliance with this act would prevent preservation 20 of the historic or architectural integrity of the building. 21 "Licensed design professional." A person licensed as an 22 architect or professional engineer pursuant to the appropriate 23 licensure act. 24 "Life-cycle cost." The cost of a building including its 25 initial cost, the cost of the energy consumed over its economic 26 life and the cost of its operation and maintenance. 27 "Municipality." A city, borough, incorporated town or 28 township. 29 "Performance standards." Parameters within which designers 30 of buildings shall work. The specific practices that a designer 19770H0552B3768 - 6 -
1 employs shall not be prescribed as long as the result is within 2 the parameters established by the standards. 3 "Renovation." (a) The rehabilitation of an existing 4 building which requires more than 25% of the gross floor area or 5 volume of the entire building to be rebuilt. COSMETIC WORK SUCH <-- 6 AS PAINTING, WALL COVERING, WALL PANELING, FLOOR COVERING, AND 7 SUSPENDED CEILING WORK SHALL NOT BE INCLUDED; or 8 (b) any addition to an existing building: Provided, however, 9 That the provisions of this act shall only apply to such portion 10 of the building being renovated and not to the entire building. 11 CHAPTER 2 12 ENERGY CONSERVATION STANDARDS 13 SUBCHAPTER A 14 GENERAL PROVISIONS 15 Section 201. Provisions. 16 Except for Use Group R-3, the following provisions regulate 17 the design and construction of the exterior envelopes and 18 selection of HVAC, service water heating, electrical 19 distribution, and illumination systems and equipment required 20 for the purpose of effective use of energy and shall govern the 21 construction of all buildings, or portions thereof, as provided 22 herein. 23 The provisions regulating the construction of buildings 24 classified as Use Group R-3 are contained in Subchapter J, 25 section 240. 26 SUBCHAPTER B 27 PLANS AND SPECIFICATIONS 28 Section 202. Submission. 29 (a) Plans.--Plans, specifications, computations where 30 necessary, and any changes thereto together with the necessary 19770H0552B3768 - 7 -
1 certification required by section 305 shall be submitted for all 2 buildings except those classified as Use Group R-3 to indicate 3 conformance with this chapter and other applicable chapters of 4 this act, except as provided in subsections (b) and (c). 5 (b) Standard design.--Whenever a person is constructing a 6 building in accordance with plans, specifications and 7 computations which he has submitted within the previous two 8 years, such plans need not be resubmitted but such person shall 9 indicate upon the certificate required by section 305 that they 10 meet the standards currently in effect and identify the 11 previously submitted plans, specifications and computations. 12 (c) Prescriptive standards.--When the prescriptive standards 13 provided in the Energy Conservation Manual established by 14 section 303 are employed in the construction of a building only 15 such information as shall be required by the department shall be 16 submitted. The prescriptive standards applicable to Use Group R- 17 3, buildings are contained in section 240. 18 Section 203. Contents. 19 The plans and specifications, where required by section 202, 20 shall show in sufficient detail all pertinent data and features 21 of the building and the equipment and systems as herein 22 governed, including but not limited to: exterior envelope 23 component materials, U values of elements, R values of 24 insulating materials, size and type of apparatus and equipment, 25 equipment and system controls and other pertinent data to 26 indicate conformance with the requirements herein. 27 SUBCHAPTER C 28 DEFINITIONS RELATING TO 29 ENERGY CONSERVATION STANDARDS 30 Section 204. Definitions relating to standards. 19770H0552B3768 - 8 -
1 The following words and phrases when used in this chapter 2 shall have, unless the context clearly indicates otherwise, the 3 meanings given to them in this section: 4 "Coefficient of beam utilization" (CBU). The ratio of the 5 luminous flux (lumens) reaching a specified area directly from a 6 floodlight or projector to the total beam luminous flux. 7 "Coefficient of performance" (COP) - cooling. The ratio of 8 the rate of net heat removal to the rate of total energy input, 9 expressed in consistent units and under designated rating 10 conditions. 11 "Coefficient of performance" (COP) - heat pump, heating. The 12 ratio of the rate of net heat output to the rate of total energy 13 input, expressed in consistent units and under designated rating 14 conditions. 15 The rate of net heat output shall be defined as the change in 16 the total heat contents of the air entering and leaving the 17 equipment not including supplementary heat. 18 Total energy input shall be determined by combining the 19 energy inputs to all elements, except supplementary heaters, of 20 the heat pump, including, but not limited to, compressors, 21 pumps, supply air fans, return air fans, outdoor air fans, 22 cooling tower fans and the heating, ventilating and air 23 conditioning system equipment control circuit. 24 "Coefficient of utilization" (CU). The ratio of the luminous 25 flux (lumens) from a luminaire received on the work plane to the 26 lumens emitted by the luminaire's lamps alone. 27 "Color rendition." General expression for the effect of a 28 light source on the color. Appearance of objects in conscious or 29 subconscious comparison with their color appearance under a 30 reference light source. 19770H0552B3768 - 9 -
1 "Degree day, heating." A unit, based upon temperature 2 difference and time, used in estimating fuel consumption and 3 specifying nominal heating load of a building in winter. For any 4 one day, when the mean temperature is less than 65 F., there 5 exist as many degree days as there are Fahrenheit degrees 6 difference in temperature between the mean temperature for the 7 day and 65 F. 8 "Energy efficiency ratio" (EER). The ratio of net cooling 9 capacity in Btuh to total rate of electric input in watts under 10 designated operating conditions. 11 "Equivalent sphere illumination" (ESI). The level of sphere 12 illumination which would produce task visibility equivalent to 13 that produced by a specific lighting environment. 14 "Exterior envelope." The elements of a building which 15 enclose conditioned spaces through which thermal energy may be 16 transferred to or from the exterior. 17 "Floodlighting." A lighting system designated to light an 18 area using projector type luminaires usually capable of being 19 pointed in any direction. 20 "Floor area, gross." Gross floor area shall be the floor 21 area within the perimeter of the outside walls of the building 22 under consideration, without deduction for hallways, stairs, 23 closets, thickness of walls, columns or other features. 24 "Illumination." The density of the luminous flux incident on 25 a surface. It is the quotient of the luminous flux by the area 26 of the surface when the latter is uniformly illuminated. 27 "Light loss factor" (LLF). A factor used in calculating the 28 level of illumination after a given period of time and under 29 given conditions. It takes into account temperature and voltage 30 variations, dirt accumulation on luminaire and room surfaces, 19770H0552B3768 - 10 -
1 lamp depreciation, maintenance procedures and atmosphere 2 conditions. 3 "Luminaire." A complete lighting unit consisting of a lamp 4 or lamps together with the parts designed to distribute the 5 light, to position and protect the lamps and to connect the 6 lamps to the power supply. 7 "MULTIGLAZING." AN ARRANGEMENT WHEREBY TWO OR MORE SHEETS OF <-- 8 GLAZING MATERIAL ARE AFFIXED IN OR ON TO A WINDOW FRAME TO 9 CREATE ONE OR MORE CLOSED INSULATING AIR SPACES. MULTIGLAZING 10 CAN BE ACHIEVED BY INSTALLING A PREASSEMBLED SEALED INSULATING 11 GLASS UNIT, CONSISTING OF TWO OR MORE LAYERS OF GLAZING 12 MATERIALS WITH INSULATING, CLOSED AIR SPACE IN BETWEEN, OR BY 13 AFFIXING ONE OR MORE ADDITIONAL GLAZING MATERIALS ONTO A SINGLE 14 GLAZED WINDOW SASH, CREATING ONE OR MORE CLOSED INSULATING AIR 15 SPACES. 16 "Packaged terminal air conditioner." A factory selected 17 combination of heating and cooling components, assemblies or 18 sections, intended to serve a room or zone. 19 "Power." In connection with machines, power is the time rate 20 of doing work. In connection with the transmission of energy of 21 all types, power refers to the rate at which energy is 22 transmitted; in customary units, it is measured in watts (W) or 23 British thermal units per hour (Btuh) and in SI units is 24 measured in watts (W). 25 "Reflectance." The ratio of the light reflected by a surface 26 to the light falling upon it. 27 "Reheat." The application of sensible heat to supply air 28 that has been previously cooled below the temperature of the 29 conditioned space by either mechanical refrigeration or the 30 introduction of outdoor air to provide cooling. 19770H0552B3768 - 11 -
1 "Residential buildings." All buildings and structures or 2 parts thereof shall be classified in the residential (R) use 3 group in which families or households live, or in which sleeping 4 accommodations are provided for individuals with or without 5 dining facilities, excluding those that are classified as 6 institutional buildings. Residential buildings shall be 7 classified as follows: 8 (1) Use group R-1 structures. This use group shall include 9 all hotel and motel buildings, lodging houses, boarding houses 10 and dormitory buildings arranged for the shelter and sleeping 11 accommodation of more than 20 individuals. 12 (2) Use group R-2 structures. This use group shall include 13 all multiple-family dwellings having more than two dwelling 14 units; and shall also include all dormitories, boarding and 15 lodging houses arranged for shelter and sleeping accommodation 16 by more than five and not more than 20 individuals. 17 (3) Use group R-3 structures. This use group shall include 18 all buildings arranged for the use of one or two family dwelling 19 units including not more than five lodgers or boarders per 20 family. 21 "Resistance, thermal" (R). A measure of the ability to 22 retard the flow of heat. The R value is the reciprocal of a heat 23 transfer coefficient, as expressed by U. (R = 1/U). 24 "Thermal transmittance" (U). Overall coefficient of heat 25 transmission or thermal transmittance (air to air) expressed in 26 units of BTU per hour per square foot per degree F. It is the 27 time rate of heat flow. The U value applies to combinations of 28 different materials used in series along the heat flow path and 29 also to single materials that comprise a building section and 30 include cavity air spaces and surface air films on both sides. 19770H0552B3768 - 12 -
1 "Thermal transmittance" (Uo). Overall (average) heat 2 transmission or thermal transmittance of a gross area of the 3 exterior building envelope, expressed in units of BTU per hour 4 per square foot per degree F. 5 The Uo value applies to the combined effect of the time rate 6 of heat flows through the various parallel paths, such as 7 windows, doors and opaque construction areas, comprising the 8 gross area of one or more exterior building components, such as 9 walls, floor or roof/ceiling. 10 "Thermostat." An instrument which measures changes in 11 temperature and controls devices for maintaining a desired 12 temperature. 13 "Veiling reflections." Regular reflections superimposed upon 14 diffuse reflections from an object that partially or totally 15 obscure the details to be seen by reducing the contrast. This 16 sometimes is called "reflected glare." 17 "WINDOW MANAGEMENT." ANY ONE OR COMBINATION OF ACTS AND <-- 18 ACTIVITIES WHOSE PURPOSE IS TO TAKE MAXIMUM ADVANTAGE OF THE 19 ENERGY CONSERVING ASPECTS OF UTILIZING SOLAR ENERGY TO HEAT A 20 BUILDING AND/OR UTILIZE SOLAR ILLUMINATION WITHIN A BUILDING TO 21 AUGMENT ENERGY-CONSUMING LIGHTING SYSTEMS. SUCH ACTS AND 22 ACTIVITIES INCLUDE, BUT ARE NOT LIMITED TO, BUILDING-WINDOW 23 SITING AND ORIENTATION, SELECTION OF GLAZING MATERIALS, DESIGN 24 OF OVERHANGS, SUN SCREENS OR PLACEMENT OF SHRUBBERY. 25 "Work plane." The plane at which work usually is done and at 26 which the illumination is specified and measured. Unless 27 otherwise indicated, this is assumed to be a horizontal plane 30 28 in. (0.76 m) above the floor. 29 "Zone." A space or group of spaces within a building with 30 heating or cooling requirements sufficiently similar so that 19770H0552B3768 - 13 -
1 comfort conditions can be maintained throughout by a single 2 controlling device. 3 SUBCHAPTER D 4 BUILDING ENVELOPE 5 Section 205. General provisions. 6 (a) Purpose of subchapter.--The intent of this subchapter is 7 to provide minimum requirements for exterior envelope 8 construction in the interest of energy conservation. 9 In addition to the criteria set forth in this subchapter the <-- 10 proposed design may take into consideration the thermal mass of 11 the building in considering energy conservation. 12 IN ADDITION TO THE CRITERIA SET FORTH IN THIS SUBCHAPTER <-- 13 PROVISIONS SHALL BE MADE TO MAXIMIZE THE ENERGY CONSERVING 14 BENEFITS OF SOLAR DAYLIGHT AND PASSIVE SOLAR HEAT GAIN THROUGH 15 WINDOW MANAGEMENT. THE PROPOSED DESIGN MAY ALSO TAKE INTO 16 CONSIDERATION THE THERMAL MASS OF THE BUILDING IN CONSIDERING 17 ENERGY CONSERVATION. THE ADMINISTERING AGENCY SHALL PROVIDE THE 18 GUIDELINES NECESSARY TO IMPLEMENT THESE PROVISIONS. 19 (b) Thermal performance.--All buildings and structures that 20 are heated or mechanically cooled shall be constructed so as to 21 provide the required thermal performance of the various 22 components. 23 The required thermal transmittance value (Uo) of any one 24 component, such as roof/ceiling, wall or floor may be increased 25 and the Uo value for other components decreased provided that 26 the overall heat gain or loss for the entire building envelope 27 does not exceed the total resulting from conformance to the 28 required Uo values. 29 (c) Different requirements.--A building that is designed to 30 be both heated and cooled shall meet the more stringent of the 19770H0552B3768 - 14 -
1 heating or cooling requirements of the exterior envelope as 2 provided in this subchapter when requirements differ. 3 (d) Exterior walls.--For the purpose of this subchapter the 4 gross area of exterior walls consists of all opaque wall areas, 5 including foundation walls above grade, peripheral edges of 6 floors, window areas including sash, and door areas, where such 7 surfaces are exposed to outdoor air and enclose a heated or 8 mechanically cooled space. 9 (e) Roof assembly.--For the purpose of this subchapter a 10 roof assembly shall be considered as all components of the 11 roof/ceiling envelope through which heat flows, thereby creating 12 a building transmission heat loss or gain, where such assembly 13 is exposed to outdoor air and encloses a heated or mechanically 14 cooled space. 15 The gross area of a roof assembly consists of the total 16 interior surface of such assembly, including skylights, exposed 17 to the heated or mechanically cooled space. 18 Where air ceiling plenums are employed, the roof or ceiling 19 assembly shall: 20 (1) For thermal transmittance purposes not include the 21 ceiling proper nor the plenum space as part of the assembly. 22 (2) For gross area purposes be based upon the interior 23 face of the upper plenum surface. 24 Section 206. Criteria for residential buildings. 25 (a) Applicability.--The requirements herein shall apply to 26 all buildings and structures or portions thereof of use groups 27 R-1, R-2 and R-3 that are heated or mechanically cooled when not 28 more than 3 stories or 40 feet in height. 29 (b) Walls.--The gross area of exterior walls above grade, 30 including foundation walls, shall have a combined thermal 19770H0552B3768 - 15 -
1 transmittance value (Uo) not exceeding those specified in Table 2 1. 3 Table 1 4 Maximum Allowable "Uo" Values for 5 Gross Exterior Wall Assemblies 6 Detached All other 7 Annual heating degree days* one & two family residential 8 4000 0.25 0.31 9 5000 0.23 0.29 10 6000 0.22 0.27 11 7000 0.20 0.26 12 *As specified in Chapter 43 ASHRAE Handbook-Systems. 13 (c) Roof/ceiling.--The roof/ceiling assemblies shall have a 14 combined thermal transmittance value (Uo) not to exceed 0.05 15 except that roof/ceiling assemblies in which the finished 16 interior surface is essentially the underside of the roof deck, 17 such as a wooden cathedral ceiling, may have a "Uo" value not to 18 exceed 0.08. These values presume no significant thermal 19 transmission through framing members, skylights or other 20 interruptions in the roof envelope. If such interruptions occur, 21 calculations must be made showing conformance to the required 22 "Uo" values. 23 (d) Floors over unheated spaces.--The floor of a heated or 24 mechanically cooled space located over an unheated space shall 25 have a combined thermal transmittance value (Uo) not to exceed 26 0.08. 27 (e) Slab-on grade floors.-- 28 (1) For slab-on grade floors, the perimeter of the floor 29 shall be insulated with a material having a thermal 30 resistance value (R) not less than those specified in Table 19770H0552B3768 - 16 -
1 2. 2 Table 2 3 Minimum Allowable "R" Values of Perimeter 4 Insulation for Slab-On Grade Floors 5 Annual heating degree days Heated slab Unheated slab 6 4000* 5.5 3.5 7 5000 6.3 4.2 8 6000 7.0 4.9 9 7000 7.8 5.5 10 *Table values may be interpolated. 11 (2) The insulation shall extend downward from the top of 12 the slab for a minimum distance of 24 inches or downward to 13 the bottom of the slab then horizontally beneath the slab for 14 a minimum total distance of 24 inches. 15 Section 207. Other buildings. 16 (a) Coverage.--The heating and cooling requirements herein 17 shall govern all buildings and structures or portions thereof 18 other than defined by section 206. 19 (b) Heating criteria for walls.--All buildings and 20 structures that are heated shall have a combined thermal 21 transmittance value (Uo) for the gross area of exterior walls 22 not exceeding those specified in Table 3. 23 Table 3 24 Maximum Allowable "Uo" Values 25 for Gross Exterior Wall Assemblies 26 3 stories or More than 27 Annual heating degree days 40 ft. or less 3 stories or 28 40 ft. 29 4000 0.31 0.38 30 5000 0.29 0.36 19770H0552B3768 - 17 -
1 6000 0.27 0.33 2 7000 0.26 0.31 3 (c) Heating criteria for roof/ceiling.--All buildings and 4 structures that are heated shall have combined thermal 5 transmittance value (Uo) for roof/ceiling assemblies not 6 exceeding those specified in Table 4. 7 Table 4 8 Maximum Allowable "Uo" Values 9 for Roof/Ceiling Assemblies 10 Annual heating degree days Maximum Uo 11 4000* 0.092 12 5000 0.084 13 6000 0.076 14 7000 0.068 15 *Table values may be interpolated. 16 (d) Heating criteria for floors over unheated spaces.--The 17 floor of a heated space located over an unheated space shall 18 have a thermal transmittance value (Uo) not exceeding 0.08. 19 (e) Heating criteria for slab-on grade floors.--For slab-on 20 grade floors, the perimeter of the floor shall be insulated with 21 a material having a thermal resistance value (R) not less than 22 those specified in Table 5. 23 The insulation shall extend downward from the top of the slab 24 for a minimum distance of 24 inches or downward to the bottom of 25 the slab then horizontally beneath the slab for a minimum total 26 distance of 24 inches. 27 Table 5 28 Minimum Allowable "R" Values of Perimeter 29 Insulation for Slab-On Grade Floors 30 Annual heating degree days Heated slab Unheated slab 19770H0552B3768 - 18 -
1 4000* 5.5 3.5
2 5000 6.3 4.2
3 6000 7.0 4.9
4 7000 7.8 5.5
5 *Table values may be interpolated.
6 (f) Cooling criteria for walls.--All buildings and
7 structures that are mechanically cooled shall have an overall
8 thermal transfer value for the gross area of exterior walls not
9 exceeding 33.5 BTU's per hour per square foot based on the
10 following equation:
11 OTTV = (Uw x Aw X TDEQ) + (Af x Sf x Sc) + (Uf x Af x Delta T)
12 Ao
13 OTTV = Overall thermal transfer value where:
14 Uw = The thermal transmittance of all elements of the opaque
15 wall area Btu/h. ft2.F (W/m2K)
16 Aw = Opaque wall area, ft2 (m2)
17 Uf = The thermal transmittance of the fenestration area
18 Btu/h. ft2.F (W/m2K)
19 Af = Fenestration area, ft2 (m2)
20 TDEQ = Value given in the following table,F, (c):
21 TABLE FOR TEMPERATURE DIFFERENCE
22 Wall Construction-mass per unit area TDEQ
23 LB/FT2 Kg/m2 F C
24 0-25 0-125 44 24.5
25 26-40 126-195 37 21.0
26 41-70 196-345 30 17.0
27 71 and above 346 and above 23 13.0
28 Weight of wall construction shall be determined from the
29 1972 ASHRAE Handbook of Fundamentals, Chapter 22.
30 Sc = Shading coefficient of the fenestration
19770H0552B3768 - 19 -
1 Delta T = Temperature difference between exterior and interior 2 design conditions, F, for which the following 3 temperatures shall apply: 4 Indoor Outdoor 5 F C 6 Winter 72 22.0 97 1/2%* 7 Summer 78 25.5 2 1/2%* 8 * Values from 1972 ASHRAE Handbook of 9 Fundamentals, Chapter 33. 10 SF = Solar factor value given Btu/h.ft2 (W/m2). 11 (use 127 Btu/h.ft2) 12 AO = Gross area of exterior walls, ft2 (m2). The gross 13 area of exterior walls consists of all opaque wall 14 areas (including foundation walls, between floor span- 15 drels, peripheral edges of floors, etc.), window 16 areas (including sash), and door areas, where such 17 surfaces are exposed to outdoor air and enclose a 18 heated and/or mechanically cooled space (including 19 intersticial areas between two such spaces). 20 Note: Where more than one type of wall and/or fenestration 21 is used, the respective term or terms shall be expanded 22 into sub-elements, as: 23 (Uw x Aw x TDEQ) + (Uw2 x Aw2 x TDEQ2), etc. 24 (g) Cooling criteria for roof/ceilings.--All buildings and 25 structures that are mechanically cooled shall have a combined 26 thermal transmittance value (Uo) for roof/ceiling assemblies the 27 same as specified in Table 4 for heating. 28 Section 208. Air leakage. 29 (a) Application.--The requirements of this section shall 30 apply to all buildings and structures and apply only to those 19770H0552B3768 - 20 -
1 locations separating outdoor ambient conditions from interior 2 spaces that are heated or mechanically cooled and are not 3 applicable to separation of interior spaces from each other. 4 (b) Standard.--Compliance with the criteria for air leakage 5 shall be determined by ASTM E-283, Standard Method of Test for 6 Rate of Air Leakage through Exterior Windows, Curtain Walls and 7 Doors, at a pressure differential of 1.567 lb/ft2 which is 8 equivalent to the effect of a 25 m.p.h. wind. 9 (c) Acceptance criteria.--The following criteria shall 10 represent the maximum allowable air leakage: 11 (1) The air infiltration rate for windows shall not 12 exceed 0.5 cfm per foot of sash crack. 13 (2) The air infiltration rate for sliding glass doors in 14 residential buildings shall not exceed 0.5 cfm per square 15 foot of door area. 16 (3) The air infiltration rate for swinging doors in 17 residential buildings shall not exceed 1.25 cfm per square 18 foot of door area. 19 (4) The air infiltration rate for swinging, revolving or 20 sliding doors in other than residential buildings shall not 21 exceed 11 cfm per lineal foot of door crack. 22 (d) Caulking and sealants.--Exterior joints around windows 23 and door frames, between wall cavities and window or door 24 frames, between wall and foundation, between wall and roof, 25 between wall panels, at penetrations or utility services through 26 walls, floors and roofs, and all other openings in the exterior 27 envelope shall be caulked, gasketed, weatherstripped, or 28 otherwise sealed. 29 SUBCHAPTER E 30 WARM AIR HEATING, VENTILATING AND AIR CONDITIONING 19770H0552B3768 - 21 -
1 SYSTEMS AND EQUIPMENT 2 Section 209. General provisions. 3 This subchapter applies to air duct systems employing 4 mechanical means for the movement of air used for warm air 5 heating, ventilating, air conditioning systems, exhaust systems 6 and combination heating and air conditioning systems, except 7 that this subchapter shall not apply to systems for the removal 8 of flammable vapors or residues or to systems for conveying 9 dust, stock or refuse by means of air currents. Heating, 10 ventilating and air conditioning systems of all buildings and 11 structures or portions thereof shall be designed and installed 12 for efficient use of energy as herein provided. For special 13 applications such as hospitals, laboratories, thermally 14 sensitive equipment, computer rooms, and manufacturing 15 processes, the design concepts and parameters shall conform to 16 the requirements of the application at minimum energy levels. 17 Section 210. Design requirements. 18 In determining design conditions for calculations under this 19 section the following design temperatures shall apply: 20 (1) Outdoor design temperature shall be selected for 21 listed locations in Chapter 33 of the ASHRAE Handbook of 22 Fundamentals, from columns of 97 1/2% values for heating and 23 2 1/2% values for cooling. 24 (2) Indoor design temperature shall be 70 degrees F. for 25 heating and 78 degrees F. for cooling. 26 (3) Indoor design relative humidity for heating shall 27 not exceed 30%. For cooling, the actual design relative 28 humidity within the comfort envelope as defined in ASHRAE 29 Standard 55-74 "Thermal Environmental Conditions for Human 30 Occupancy" shall be selected for the minimum total heating, 19770H0552B3768 - 22 -
1 ventilating, and air conditioning system energy use. 2 Section 211. Cooling with outdoor air. 3 (a) Fan system design.--Each fan system shall be designed to 4 use up to and including 100% of the fan system capacity for 5 cooling with outdoor air automatically whenever its use will 6 result in lower usage of energy than would be required under its 7 normal operation. 8 (b) Exceptions.--Cooling with outdoor air is not required 9 under any one or more of the following conditions: 10 (1) Fan system capacity less than 5,000 Cfm or 134,000 11 Btu/Hr total cooling capacity. 12 (2) The quality of the outdoor air is so poor as to 13 require extensive treatment of the air. 14 (3) The need for humidification or dehumidification 15 requires the use of more energy than is conserved by outdoor 16 air cooling. 17 (4) The use of outdoor air cooling may affect the 18 operation of other systems (such as return or exhaust air 19 fans or supermarket refrigeration) so as to increase the 20 overall energy consumption of the building. 21 (5) Internal/external zone heat recovery or other energy 22 recovery is used. 23 (6) When all space cooling is accomplished by a 24 circulating liquid which transfers space heat directly or 25 indirectly to a heat rejection device such as a cooling tower 26 without the use of a refrigeration system. 27 Section 212. Mechanical ventilation. 28 Each mechanical ventilation system shall be equipped with a 29 readily accessible means for either shut-off or volume reduction 30 and shut-off when ventilation is not required. 19770H0552B3768 - 23 -
1 Section 213. Simultaneous heating and cooling. 2 Systems that employ both heating and cooling simultaneously 3 in order to achieve comfort conditions within a space shall be 4 limited to those situations where more efficient methods of 5 heating and air conditioning cannot be effectively utilized to 6 meet system objectives. Simultaneous heating and cooling by 7 reheating or recooling supply air or by concurrent operation or 8 independent heating and cooling systems serving a common zone 9 shall be restricted as specified herein. 10 Section 214. Recovered energy. 11 Recovered energy, provided the new energy expended in the 12 recovery process is less than the amount recovered, may be used 13 for control of temperature and humidity. New energy is defined 14 as energy, other than recovered, utilized for the purpose of 15 heating or cooling. 16 Section 215. New energy. 17 (a) Prevention of excess humidity.--New energy may be used, 18 when necessary, to prevent relative humidity from rising above 19 60% for comfort control or to prevent condensation on terminal 20 units or outlets. 21 (b) Control of temperature.--New energy may be used for 22 control of temperature if minimized as specified in sections 216 23 through 220. 24 Section 216. Reheat systems. 25 Systems employing reheat and serving multiple zones, other 26 than those employing variable air volume for temperature 27 control, shall be provided with control that will automatically 28 reset the system cold air supply to the highest temperature 29 level that will satisfy the zone requiring the coolest air. 30 Single zone reheat systems shall be controlled to sequence 19770H0552B3768 - 24 -
1 reheat and cooling. 2 Section 217. Dual duct and multizone systems. 3 These systems shall be provided with control that will 4 automatically reset the cold deck air supply to the highest 5 temperature that will satisfy the zone requiring the coolest air 6 and the hot deck air supply to the lowest temperature that will 7 satisfy the zone requiring the warmest air. 8 Section 218. Recooling systems. 9 Systems in which heated air is recooled directly or 10 indirectly, to maintain space temperature, shall be provided 11 with control that will automatically reset the temperature to 12 which the supply air is heated to the lowest level that will 13 satisfy the zone requiring the warmest air. 14 Section 219. Multiple zones. 15 For systems with multiple zones, one or more zones may be 16 chosen to represent a number of zones with similar heating or 17 cooling characteristics. A multiple zone heating, ventilating 18 and air conditioning system that employs reheating or recooling 19 for control of not more than 5,000 Cfm or 20% of the total 20 supply air of the system, whichever is less, shall be exempt 21 from the supply air temperature reset requirements of sections 22 216 through 218. 23 Section 220. Concurrent operation. 24 Concurrent operation of independent heating and cooling 25 systems serving common spaces, and requiring the use of new 26 energy for heating or cooling shall be minimized by one or both 27 of the following: 28 (1) By providing sequential temperature control of both 29 heating and cooling capacity in each zone. 30 (2) By limiting the heating energy input, through 19770H0552B3768 - 25 -
1 automatic reset control of the heating medium temperature (or 2 energy input rate), to only that necessary to offset heat 3 loss due to transmission and infiltration and, where 4 applicable, to heat the ventilation air supply to the space. 5 Section 221. Equipment performance requirements. 6 (a) Application.--The requirements of this section apply to 7 equipment and component performance for heating, ventilating and 8 air conditioning systems. Where equipment efficiency levels are 9 specified, data furnished by the equipment supplier or certified 10 under a nationally recognized certification program or rating 11 procedure shall be used to satisfy these requirements. 12 (b) Systems equipment - electrical.--Heating ventilating and 13 air conditioning systems equipment whose energy input in the 14 cooling mode is entirely electric shall show a coefficient of 15 performance (COP) and energy efficiency ratio (EER) not less 16 than the values specified in Table 6. These requirements apply 17 to, but are not limited to, unitary cooling equipment (air and 18 water source); packaged air conditioners; and room air 19 conditioners. These requirements do not apply to equipment used 20 in areas having open refrigerated food display cases. For 21 determining coefficient of performance (COP), the rate of net 22 heat removal shall be defined as the change in the total heat 23 contents of the air entering and leaving the equipment (without 24 reheat). Total energy input shall be determined by combining the 25 energy inputs to all elements of the equipment, including but 26 not limited to, compressors, pumps, supply-air fans, cooling 27 tower fans and the system equipment control circuit. 28 Table 6 29 Minimum EER and COP for Electric Heating, Ventilating 30 and Air Conditioning System Equipment 19770H0552B3768 - 26 -
1 Standard rating capacity EER COP 2 Under 65,000 Btu/hr (19,050 watts) 6.1 1.8 3 65,000 Btu/hr (19,050 watts) and over 6.8 2.0 4 (c) Other system equipment.--Heat operated cooling equipment 5 shall show a coefficient of performance (COP) in the cooling 6 mode not less than the values specified in Table 7. These 7 requirements apply to, but are not limited to, absorption, 8 engine-driven and turbine-driven equipment. The coefficient of 9 performance (COP) is determined excluding the electrical 10 auxiliary inputs. 11 Table 7 12 Minimum COP for Heating, Ventilating and Air Conditioning 13 System Heat Operated Cooling Equipment 14 Heat source Minimum COP 15 Direct fired (gas, oil) 0.40 16 Indirect fired (steam, hot water) 0.65 17 (d) System components.--Heating, ventilating and air 18 conditioning system components whose energy input in the cooling 19 mode is entirely electric shall show a coefficient of 20 performance (COP) and energy efficiency ratio (EER) not less 21 than the values specified in Table 8. For determining 22 coefficient of performance (COP), the rate of heat removal is 23 defined as the difference in total heat contents of the water or 24 refrigerant entering or leaving the component. Total energy 25 input shall be determined by combining the energy inputs to all 26 elements and accessories of the component, including but not 27 limited to, compressors, internal circulating pumps, condenser- 28 air fans, evaporative-condenser cooling heater pumps, purge, and 29 the component control circuit. 30 Table 8 19770H0552B3768 - 27 -
1 Minimum COP for Electrically Driven Heating, Ventilating 2 and Air Conditioning System Components 3 Component Condensing means Air Water Evaporation 4 ERR COP EER COP EER COP 5 Self-contained Centrifugal 7.5 2.2 12.9 3.8 6 water chillers 7 Positive 8 displacement 7.2 2.1 10.9 3.2 9 Condenserless Positive 10 water chillers displacement 8.9 2.6 10.9 3.2 11 Compressor and 12 condenser units Positive 13 65,000 Btu/hr. displacement 7.8 2.3 11.3 3.3 11.3 3.3 14 (19,050 watts) 15 and over 16 (e) Heat pumps.--Heat pumps whose energy input is entirely 17 electric shall show a coefficient of performance (COP), heating, 18 not less than the values specified in Table 9. 19 Table 9 20 Minimum COP for Heat Pumps, Heating Mode 21 Source and outdoor temperature (degree F.) Minimum COP 22 Air source--47 DB/43 WB 2.2 23 Air source--17 DB/15 WB 1.2 24 Water source--60 entering 2.2 25 (f) Supplementary heater.--The heat pump shall be installed 26 with a control to prevent supplementary heater operation when 27 the heating load can be met by the heat pump alone. 28 Supplementary heater operation is permitted during transient 29 periods, such as start-ups, following room thermostat setpoint 30 advance, and during defrost. A two-stage room thermostat, which 19770H0552B3768 - 28 -
1 controls the supplementary heat on its second stage, shall be 2 accepted as meeting this requirement. The cut-on temperature for 3 the compression heating shall be higher than the cut-on 4 temperature for the supplementary heat, and the cut-off 5 temperature for the compression heating shall be higher than the 6 cut-off temperature for the supplementary heat. Supplementary 7 heat may be derived from any source of electric resistance 8 heating or combustion heating. 9 (g) Combustion heating equipment.--All gas and oilfired 10 comfort heating equipment shall show a minimum combustion 11 efficiency of 75% at maximum rated output. Combustion efficiency 12 shall be determined in accordance with the ASHRAE Standard 90. 13 Section 222. Duct insulation. 14 (a) Insulation.--All duct systems, or portions thereof, 15 exposed to nonconditioned spaces shall be insulated to provide a 16 thermal resistance, excluding film resistance, of 17 ti - to 18 R = --------(hr) (sq.ft) (F)/BTU 19 15 20 where ti-to is the design temperature differential (absolute 21 value) between the air in the duct and the surrounding air with 22 the following exceptions. Duct insulation, except when needed to 23 prevent condensation, is not required in any of the following 24 cases: 25 (1) Where ti-to is 25 degrees F. or less. 26 (2) When the heat gain or loss of the ducts, without 27 insulation, will not increase the energy requirements of the 28 building. 29 (3) Exhaust air ducts. 30 (4) Supply or return air ducts installed in crawl spaces 19770H0552B3768 - 29 -
1 with insulated walls, basements or cellars in one and two- 2 family dwellings. 3 (b) Vapor barriers.--Where required to prevent condensation, 4 insulation with vapor barriers shall be installed in addition to 5 insulation required above. 6 Section 223. System controls. 7 (a) Application.--All heating, ventilating and air 8 conditioning systems shall be provided controls as specified 9 herein. 10 (b) Temperature.--Each heating, ventilating and air 11 conditioning system shall be provided with at least one 12 thermostat for the regulation of temperature. Each thermostat 13 shall be capable of being set from 55 degrees F. to 75 degrees 14 F. where used to control heating only and from 70 degrees F. to 15 85 degrees F. where used to control cooling only. Where used to 16 control both heating and cooling it shall be capable of being 17 set from 55 degrees F. to 85 degrees F. and shall be capable of 18 operating the system heating and cooling in sequence. It shall 19 be adjustable to provide a temperature range of up to 10 degrees 20 F. between full heating and full cooling, except as allowed in 21 section 220. 22 (c) Humidity.--If a heating, ventilating and air 23 conditioning system is equipped with a means for adding moisture 24 to maintain specific selected relative humidities in spaces or 25 zones, a humidistat shall be provided. This device shall be 26 capable of being set to prevent new energy from being used to 27 produce space relative humidity above 30% R.H. Where a 28 humidistat is used in a heating, ventilating and air 29 conditioning system for controlling moisture removal to maintain 30 specific selected relative humidities in spaces or zones, it 19770H0552B3768 - 30 -
1 shall be capable of being set to prevent new energy from being 2 used to produce a space relative humidity below 60%. 3 (d) Temperature zoning.-- 4 (1) In all buildings and structures of use group R-3, at 5 least one thermostat for regulation of space temperature 6 shall be provided for each separate heating, ventilating and 7 air conditioning system. In addition, a readily accessible 8 manual or automatic means shall be provided to partially 9 restrict or shut-off the heating or cooling input to each 10 zone or floor, excluding unheated or uncooled basements and 11 garages. 12 (2) In all buildings and structures of use group R-2, 13 each individual dwelling unit shall be considered separately 14 and shall meet the requirements for one and two-family 15 dwellings above. 16 (3) In all buildings and structures other than use group 17 R-3 and in spaces other than dwelling units in use group R-2, 18 at least one thermostat for regulation of space temperature 19 shall be provided for each separate heating, ventilating and 20 air conditioning system and for each floor of the building. 21 (e) Set-back and shut-off.-- 22 (1) In all buildings and structures, or portions thereof 23 of use group R-3, the thermostat, or an alternate means such 24 as a switch or a clock, shall provide a readily accessible, 25 manual or automatic means for reducing the energy required 26 for heating and cooling during periods of nonuse or reduced 27 need. 28 (2) In all other buildings and structures, or portions 29 thereof each heating, ventilating and air conditioning system 30 shall be equipped with a readily accessible means of reducing 19770H0552B3768 - 31 -
1 the energy used for heating, ventilating and air conditioning 2 during periods of nonuse or alternate uses of the building 3 spaces or zones served by the system, such as with manually 4 adjustable automatic timing devices, manual devices for use 5 by operating personnel, or automatic control systems. 6 (3) Lowering thermostat set points to reduce energy 7 consumption of heating systems shall not cause energy to be 8 expended to reach the reduced setting. 9 Section 224. Steam and hot water heating piping. 10 (a) Piping insulation.--All piping serving as part of a 11 heating or cooling system installed to serve buildings and 12 within buildings shall be thermally insulated as shown in Table 13 10. 14 Table 10 15 Minimum Pipe Insulation 16 Insulation thickness in inches 17 Fluid for pipe sizes 18 Piping temperature 19 system range, Runouts 1" and 1 1/4- 2 1/2- 5& 8" and 20 types F. up to 2" less 2 4 6 larger 21 Heating systems 22 Steam & 23 hot water 24 High pressure/ 25 temp 306-450 1 1/2 1 1/2 2 2 1/2 3 1/2 3 1/2 26 Med. pressure/ 27 temp 251-305 1 1/2 1 1/2 2 2 1/2 3 3 28 Low pressure/ 29 temp 201-250 1 1 1 1/2 1 1/2 2 2 30 Low tem- 19770H0552B3768 - 32 -
1 perature 120-200 1/2 3/4 1 1 1 1 1/2 2 Steam con- 3 densate Any 1 1 1 1 1/2 1 1/2 2 4 (for feed 5 water) 6 Cooling systems 7 Chilled 8 water, 40-55 1/2 1/2 3/4 1 1 1 9 Refrigerant, 10 or brine Below 40 1 1 1 1/2 1 1/2 1 1/2 1 1/2 11 Insulation thicknesses are based on insulation having thermal 12 resistances in the range of 4.0 to 4.6 per inch of thickness on 13 a flat surface at a mean temperature of 75 degrees F. Minimum 14 insulation thickness shall be increased for materials having R 15 values less than 4.0 or may be reduced for materials having R 16 values greater than 4.6 per inch of thickness as follows: 17 (b) High thermal resistance.--For materials with thermal 18 resistance greater than R=4.6, the minimum insulation thickness 19 may be reduced as follows: 20 4.6 x Table 10 Thickness = New Minimum Thickness 21 Actual R 22 (c) Low thermal resistance.--For materials with thermal 23 resistance less than R=4.0 the minimum insulation thickness 24 shall be increased as follows: 25 4.0 x Table 10 Thickness = New Minimum Thickness 26 Actual R 27 Piping insulation, except when needed to prevent condensation, 28 is not required in any of the following cases: 29 (1) Piping installed within heating, ventilating and air 30 conditioning equipment. 19770H0552B3768 - 33 -
1 (2) Piping at temperatures between 55 degrees F. and 120 2 degrees F. 3 (3) When the heat loss or heat gain of the piping, 4 without insulation, does not increase the energy requirements 5 of the building. 6 (4) Piping installed in basements or cellars in one and 7 two-family dwellings. 8 (d) Vapor barriers.--Where required to prevent condensation, 9 insulation with vapor barriers shall be installed in addition to 10 insulation required above. 11 SUBCHAPTER F 12 PLUMBING SYSTEMS 13 Section 225. Purpose. 14 This subchapter sets forth provisions for design and 15 equipment selection for energy conservation in service water 16 heating systems. 17 Section 226. Fixtures. 18 (a) Lavatories.--Lavatories in restrooms of public 19 facilities shall be equipped with self-closing outlet devices 20 which limit the flow of hot water to a maximum of 0.5 Gpm, 21 devices which limit the outlet temperature to a maximum of 110 22 degrees F. and selfclosing valves which limit the quantity of 23 hot water to a maximum of 0.25 gallons. 24 (b) Showers.--Showers used for other than safety reasons 25 shall be equipped with flow control devices to limit total flow 26 to a maximum of 3 Gpm per shower head. 27 Section 227. Insulation. 28 (a) Piping insulation.--Piping in required return 29 circulation systems shall be insulated so that heat loss is 30 limited to a maximum of 25 Btuh per square foot of external pipe 19770H0552B3768 - 34 -
1 surface for above ground piping and a maximum of 35 Btuh per 2 square foot of external pipe surface for underground piping. 3 Maximum heat loss shall be determined at a temperature 4 differential equal to the maximum water temperature minus a 5 design ambient temperature no higher than 65 degrees F. except 6 that conformance with table 10 for "low temperature piping 7 system" shall be deemed as complying with this section. 8 (b) Tanks.--Unfired hot water storage tanks shall be 9 insulated so that heat loss is limited to a maximum of 15 Btuh 10 per square foot of external tank surface area. For purposes of 11 determining this heat loss, the design ambient temperature shall 12 be no higher than 65 degrees F. 13 Section 228. Equipment. 14 (a) Pump operation.--Circulating hot water systems shall be 15 arranged so that the circulating pump can be conveniently turned 16 off either automatically or manually when the hot water system 17 is not in operation. 18 (b) Electric water heaters.--All automatic electric storage 19 water heaters shall have a stand-by loss not exceeding 4 watts 20 per square foot of tank surface area. The method of test of 21 stand-by loss shall be as described in section 4.3.1 of ANSI 22 C72.1 Household Automatic Electrical Storage-Type Water Heaters. 23 (c) Gas and oil-fired water heaters.--All gas and oil-fired 24 automatic storage heaters shall have a recovery efficiency, ER, 25 not less than 75% and a stand-by loss percentage S, not 26 exceeding S=2.3+67/V where V=rated volume in gallons. The method 27 of test of ER and S shall be as described in section 2.7 of ANSI 28 Z21.10.3 Circulating Tank, Instantaneous and Large Automatic 29 Storage Type Water Heaters, Approval Requirements for Gas Water 30 Heaters. 19770H0552B3768 - 35 -
1 Section 229. Controls. 2 (a) Temperature controls.--All hot water supply systems 3 shall be equipped with automatic temperature controls capable of 4 adjustments from the lowest to the highest acceptable 5 temperature settings for the intended use. 6 (b) Shut down.--A separate switch shall be provided to 7 terminate the energy supplied to electric hot water supply 8 systems. A separate valve shall be provided to turn off the 9 energy supplied to the main burner of all other types of hot 10 water supply systems. 11 SUBCHAPTER G 12 ELECTRICAL SYSTEMS 13 Section 230. System requirements. 14 (a) Power factor.--The power factor of the overall 15 electrical distribution system in a building shall be not less 16 than 90% under rated design installed load of the building, 17 either by utilization equipment design or by the use of power 18 factor corrective devices. The power factor corrective devices 19 may be installed on individual equipment, rated greater than 20 1,000 watts and switched therewith, regionally grouped, located 21 at the service equipment or power factor correction achieved by 22 other equivalent means. The choice among these corrective 23 methods should be made based upon an engineering evaluation of 24 each distribution system. 25 (b) Service voltage.--Where a choice of service voltage is 26 available, the voltage resulting in the least energy loss shall 27 be used. 28 (c) Voltage drop.--In any building, the maximum total 29 voltage drop shall not exceed 3% in branch circuits or feeders, 30 for a total of 5% to the farthest outlet based on steady state 19770H0552B3768 - 36 -
1 design load conditions. 2 (d) Lighting switching.--Switching shall be provided for 3 each lighting circuit, or for portions of each circuit, so that 4 the partial lighting required for custodial or for effective 5 complementary use with natural lighting may be operated 6 selectively. 7 (e) Separate metering.--In all multi-family dwellings 8 provisions shall be made to determine the electrical energy 9 consumed by each tenant. 10 SUBCHAPTER H 11 LIGHTING 12 Section 231. Light power budget. 13 A lighting power budget is the upper limit of the power to be 14 available to provide the lighting needs in accordance with a 15 given set of criteria and given calculation procedure. 16 Section 232. Calculation methods. 17 The criteria specified below shall be utilized for 18 computation of the lighting power budget. All calculations shall 19 be in accordance with accepted engineering practice. When 20 insufficient information is known about the specific use of the 21 building space (e.g., number of occupants, space function, 22 location of partitions), the budget shall be based on the 23 apparent intended use of the building space. 24 Section 233. Building interiors. 25 (a) Procedure.--The allowable electric power for lighting 26 shall be established by using the criteria and the calculation 27 procedures specified in section 236. The value shall be based on 28 the use for which the space within the building is intended and 29 on efficient energy utilization. 30 (b) Illumination level criteria.--For the purpose of 19770H0552B3768 - 37 -
1 establishing a budget, levels of illumination shall be those 2 listed in fig. 9-80 of the IES Lighting Handbook, and those 3 levels shall be used as follows: 4 (1) For task lighting, the levels of illumination listed 5 are for specific tasks. These levels are for the task areas 6 defined in the IES Lighting Handbook or, where not defined, 7 at all usable portions of task surfaces. In some cases, the 8 levels of illumination are listed for locations (e.g., 9 auditoriums). These levels are to be considered as average 10 levels. 11 (2) For general lighting, in areas surrounding task 12 locations, the average level of general lighting, for budget 13 purposes only, shall be one-third the level for the tasks 14 performed in the area but in no case less than 20-foot 15 candles. Where more than one task level occurs in a space, 16 the general level shall be one-third the weighted average of 17 the specific task levels. 18 (3) For noncritical lighting, in circulation and seating 19 areas, where no specific visual tasks occur, the average 20 level of illumination shall be one-third of the average 21 general lighting in the adjacent task spaces but in no case 22 less than ten-foot candles. 23 (4) For the purpose of establishing a power budget, only 24 lamp efficacies and coefficients of utilization (CU) 25 specified in Table 11, shall be assumed. 26 Section 234. Building exteriors. 27 (a) Basis on use.--In exterior spaces, the lighting power 28 budget shall be based on the use of which the space is intended 29 (for task performance, safety, or security) and on efficient 30 energy utilization. 19770H0552B3768 - 38 -
1 (b) Criteria.--The same criteria as those for interior 2 spaces apply for illumination levels and lighting systems with 3 the addition of luminaires for flood lighting. For power budget 4 purposes floodlighting shall be selected with luminaires having 5 a greater percentage of their beam lumens restricted to the area 6 to be lighted. Such luminaires are defined as those with at 7 least the minimum efficiencies listed in the IES Lighting 8 Handbook. 9 (c) Facade lighting.--Facade lighting for budget purposes 10 shall be no greater than 2% of the total interior load of the 11 building. 12 (d) Calculation procedure.--In establishing a lighting power 13 budget the following procedures shall be used: 14 (1) For overhead lighting the procedure specified in 15 section 236 shall be followed, but using reflectances as 16 found. 17 (2) For flood lighting the beam lumen method, as shown 18 in the IES Lighting Handbook and a coefficient of beam 19 utilization (CBU) of 0.75 shall be used for floodlighting 20 calculations. 21 Section 235. Exceptions to criteria. 22 (a) Interiors.--The criteria of section 233 shall not apply 23 to the following areas when calculating the load: 24 (1) Portions of residential occupancies except for 25 kitchens, bathrooms, and laundry areas and public spaces 26 including lobbies, halls, stairways, basement areas, and 27 utility rooms. 28 (2) Residential type spaces similar to those stated in 29 paragraph (1) in institutions, such as hospitals, hotels, 30 funeral homes, churches, museums, etc. 19770H0552B3768 - 39 -
1 (3) Theater auditoriums, entertainment and audiovisual 2 presentations where the lighting is an essential technical 3 element for the function performed. 4 (b) Exteriors.--The criteria of section 234 shall not apply 5 to the following lamps and luminaries; however, their use shall 6 be accounted for in the calculation of task lighting loads for 7 specific tasks. The allowable load shall be based on the 8 luminary wattage to achieve the levels of illumination as 9 covered in section 233 using a point calculation method given in 10 the IES Lighting Handbook. The excepted lamps and luminaires are 11 as follows: 12 (1) Luminaires for medical and dental purposes. 13 (2) Luminaires for highlighting applications, such as 14 sculpture exhibits, art exhibits, and individual items of 15 display merchandise. 16 (3) Luminaires for specialized lighting applications 17 (color matching, where electrical interference cannot be 18 tolerated, etc.). 19 (c) Control of reflectances.--The criteria of Table 11 shall 20 not apply in spaces where it is impractical to control 21 reflectances and where a dirty atmosphere cannot be avoided. 22 Where this condition exists, the values for reflectances and 23 light loss factors shall be those expected to be found and shall 24 be approved by the department. The calculation shall make a note 25 of this deviation. 26 Section 236. Calculation procedure. 27 (a) Illumination levels and areas.--To establish 28 illumination levels and areas, the following procedure shall be 29 used: 30 (1) Determine the visual tasks that are expected to be 19770H0552B3768 - 40 -
1 performed in each space and the number of planned work 2 locations where tasks will be performed. If assumptions are 3 made, their bases shall be indicated. 4 (2) Select the illumination level, in foot-candles for 5 those expected tasks in accordance with section 233(b)(1). 6 (3) Calculate total task areas to be illuminated to the 7 same level by multiplying the number of work locations by 50 8 square feet per work location. (Total task areas shall not 9 exceed actual total space area). If actual task area is 10 greater than 50 square feet the actual area shall be used. If 11 special task lighting or localized lighting is to be 12 employed, use the actual task areas and point calculation 13 procedures. 14 (4) Calculate the level of general lighting by 15 multiplying the task lighting level by one-third, where there 16 is only one task level, or by taking one-third of the sum of 17 the products of the task levels as provided for in paragraph 18 (2) and their areas as provided for in paragraph (3) divided 19 by the total task areas. 20 (5) Calculate the level of noncritical lighting. 21 (b) Lighting system data.--To establish lighting system 22 data, the following shall be used: 23 (1) Light source and luminaire types to use. 24 (2) Lamp lumens per watt and luminaire coefficients of 25 utilization for room and luminaire mounting height 26 dimensions. Luminaire CUs shall be selected from the IES 27 Lighting Handbook. In all cases, no luminaire shall have a CU 28 for RCR = 1 of less than that given in Table 11 lamp 29 efficacies for the appropriate space. 30 (c) Allowable wattage.--To establish allowable wattage, the 19770H0552B3768 - 41 -
1 following shall be used: 2 (1) Using data from subsection (b), the illumination 3 levels and areas determined in subsection (a), and the 4 criteria of Table 11 on Reflectance, calculate the allowable 5 wattages using the lumen method. 6 (2) Calculate the total space wattage by adding the 7 task, general and noncritical lighting loads. 8 (3) Add the wattage of luminaires allowed in section 9 235(b). 10 Table 11 11 (a) Lamp efficacies.--The following are initial lumen output 12 per watt input, including ballast losses: 13 Application Lumens 14 per Watt 15 Where moderate color rendition is appropriate 55 16 Where good color rendition is appropriate 40 17 Where high color rendition is appropriate, 18 spaces are less than 50 square feet or where 19 use of low wattage High Intensity Discharge 20 (HID) lamps under 250 W or fluorescent 21 lamps under 40 W is appropriate 25 22 (b) Luminary coefficients of utilization (CU).--Coefficients 23 of utilization (CUs) are to be for luminaires for use in the 24 types of spaces listed below, and those luminaires shall have a 25 CU of no less than that listed below (for each type space) for a 26 Room Cavity Ratio (RCR) of 1 and reflectances as in (c). 27 Space Use Minimum CU 28 (at RCR = 1) 29 For spaces with tasks subjected to veiling 30 reflections where design levels of 19770H0552B3768 - 42 -
1 illumination are listed in terms of 2 equivalent sphere illumination (ESI) and 3 where visual comfort is important. 0.55 4 For spaces without tasks, or with tasks 5 not subjected to veiling reflections, but 6 where visual comfort is important. 0.63 7 For spaces without tasks and where visual 8 comfort is not a criterion 0.70 9 (c) Other criteria; reflectances.--For interior spaces, the 10 following initial cavity and surface reflectances shall be 11 assumed: 12 Ceiling cavity reflectance 80% 13 Wall reflectance 50% 14 Floor cavity reflectance 20% 15 Light Loss Factor. A light loss factor (LLF) of 0.70 shall be 16 used. 17 SUBCHAPTER I 18 ALTERNATIVE SYSTEMS 19 Section 237. Performance alternative. 20 Alternative building systems and equipment design may be 21 approved by the department when they can be shown to have energy 22 consumption not greater than that of a similar building with 23 similar forms of energy requirements, designed in accordance 24 with the provisions of this act or when they can be shown to 25 have energy consumption not greater than that which shall be 26 established by the department with the approval of the Building 27 Energy Conservation Committee, for the purposes of this section: 28 Provided, however, That for all buildings classified as Use 29 Group R-3 alternate building systems and equipment design which 30 satisfy the criteria of this section shall not require the 19770H0552B3768 - 43 -
1 approval of the department but the use of such an alternate
2 building system or equipment design shall be indicated in the
3 warranty provided in section 306.
4 Section 238. Nondepletable sources.
5 When such alternative systems utilize solar, geothermal, wind
6 or other nondepletable energy sources for all or part of their
7 energy sources, such nondepletable energy supplied to the
8 building shall be excluded from the total energy chargeable to
9 the proposed alternative design.
10 Section 239. Documentation.
11 Proposed alternative designs, submitted to the department as
12 requests for exception to the standard design criteria, must be
13 accompanied by an energy analysis prepared in accordance with
14 the ASHRAE Standard 90-75.
15 SUBCHAPTER J
16 USE GROUP R-3 PRESCRIPTIVE STANDARDS
17 Section 240. Minimum insulation requirements for Use Group R-3.
18 Use Group R-3 buildings shall be constructed utilizing the
19 following minimum insulation standards:
20 Ceilings R - 19
21 Exterior Walls R - 13
22 Floors Over Unheated Basements
23 and Crawl Spaces * R - 11
24 * Basements containing a furnace
25 and/or hot water heater may be
26 considered heated
27 Edge Insulation for:
28 Heated Slabs R - 6.3
29 Unheated Slabs R - 4.2
30 Windows Double Glazed** <--
19770H0552B3768 - 44 -
1 MULTIGLAZING <-- 2 ** Windows may be single glazed <-- 3 when storm windows are used 4 Entrance Doors R - 2.5 5 Sliding Glass Doors (if applicable) Double Glazed <-- 6 MULTIGLAZING <-- 7 Ducts in Unheated Areas R - 3 8 CHAPTER 3 9 APPLICATION OF STANDARDS: ESTABLISHMENT 10 OF COMMITTEE AND PENALTIES 11 Section 301. Modification of standards; criteria. 12 The department, with the approval of the Building Energy 13 Conservation Committee established pursuant to section 304, 14 after one or more public hearings, may recommend to the General 15 Assembly modifications to the energy conservation standards 16 contained in Chapter 2 hereof. Any recommended modification to 17 the energy conservation standards shall meet the following 18 criteria: 19 (1) It shall be consistent with the latest and most 20 effective technology. 21 (2) It shall not be in conflict with existing safeguards 22 for public health and safety. 23 (3) It shall be economically feasible as determined by 24 life-cycle-cost procedures. 25 (4) It shall be sufficiently stringent to effect a 26 significant savings of energy resources. 27 (5) It shall be a performance standard for the design of 28 buildings and systems within buildings to assure maximum 29 practical conservation of energy. 30 (6) Consideration shall be given to building and energy 19770H0552B3768 - 45 -
1 standards promulgated by national and other state 2 governmental agencies, private organizations and any other 3 available energy data, as well as the total energy allocation 4 approach. 5 Section 302. Application of energy conservation standards. 6 The energy conservation standards contained herein or as 7 promulgated by the department with the approval of the Building 8 Energy Conservation Committee shall apply to new buildings or to 9 renovations on which actual construction and/or design has not 10 commenced prior to their effective dates. No department, board, 11 agency or commission other than as provided herein, shall 12 promulgate or adopt any rules or regulations which deal with any 13 subject matter contained in this act. 14 Section 303. Energy conservation manual for buildings. 15 (a) Production of manual.--Concurrent with the adoption of 16 the energy conservation codes required by this act, the 17 department shall produce an energy conservation manual for use 18 by designers, builders, contractors of residential and 19 nonresidential buildings, and municipalities of the 20 Commonwealth. This manual shall contain the established 21 standards and accepted practices. The manual shall further 22 contain prescriptive standards which, if complied with, will 23 result in conformance with the performance standards contained 24 herein or as promulgated by the department and shall be written 25 in such manner as to be easily understood by persons possessing 26 a minimal technical background. The manual shall be furnished 27 upon request to members of the public at a price sufficient to 28 cover the cost of printing. 29 (b) Review of manual.--The manual shall be reviewed by the 30 department and the Building Energy Conservation Committee at 19770H0552B3768 - 46 -
1 least annually and shall be updated as significant new energy 2 conservation information becomes available. 3 (c) Educational programs.--The department shall provide 4 seminars and other educational programs throughout the 5 Commonwealth to provide information and counseling to builders, 6 architects, other licensed design professionals, local building 7 officials and other persons affected by this act on the 8 standards contained herein or as promulgated by the department. 9 Section 304. Building Energy Conservation Committee. 10 (a) Composition of committee.--In order to further the 11 coordinated and effective administration of this act, there is 12 hereby established a Building Energy Conservation Committee. It 13 shall consist of at least 30 members and no more than 40 14 members, the membership of which shall be appointed by the 15 Governor and shall include a representative of each of the 16 following entities or their successors: 17 (1) Department of Education. 18 (2) Governor's Energy Council. 19 (3) Department of General Services. 20 (4) Department of Labor and Industry. 21 (5) Department of Community Affairs. 22 (6) Pennsylvania Builders Association. 23 (7) Pennsylvania Associated Builders and Contractors, 24 Inc. 25 (8) Pennsylvania Building Officials Conference. 26 (9) Mechanical Contractors Association of America. 27 (10) Pennsylvania Chamber of Commerce. 28 (11) General Contractors Association of Pennsylvania. 29 (12) Pennsylvania Society of Architects. 30 (13) Pennsylvania Society of Professional Engineers. 19770H0552B3768 - 47 -
1 (14) American Society of Heating, Refrigerating and Air
2 Conditioning Engineers, Inc..
3 (15) Pennsylvania Gas Association.
4 (16) Pennsylvania Electric Association.
5 (17) Industrialized Housing Manufacturers Association.
6 (18) Thermal Insulation Manufacturers Association.
7 (19) Pennsylvania Building Trades Council.
8 (20) Consulting Engineers Council of Pennsylvania.
9 (21) Pennsylvania League of Cities.
10 (22) Pennsylvania State Association of Boroughs.
11 (23) Pennsylvania State Association of Township
12 Commissioners.
13 (24) Pennsylvania State Association of Township
14 Supervisors.
15 (25) PUBLIC UTILITY COMMISSION. <--
16 (26) NATIONAL ASSOCIATION OF INDUSTRIAL AND OFFICE
17 PARKS.
18 (27) PENNSYLVANIA UTILITIES, RAILROAD AND AREA
19 DEVELOPMENT ASSOCIATION.
20 (25) (28) Representatives of such other agencies and <--
21 organizations or individuals as the Governor may find are
22 necessary and proper to carry out the purposes of the
23 committee including, but not limited to, labor organizations,
24 financial and lending institutions, and consumer groups.
25 (b) Powers and duties.--In addition to the powers and duties
26 enumerated in this act, the Building Energy Conservation
27 Committee shall:
28 (1) Be responsible for the regular exchange of
29 information and plans regarding building energy conservation,
30 for the development, review and approval of proposed and
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1 existing standards, guidelines, regulations, and manuals. 2 (2) Elect from its members a Board on Variances. 3 (c) Expenses.--The members of the committee shall not 4 receive any compensation for their services but shall be 5 reimbursed for their actual and necessary expenses incurred in 6 the performance of their duties. Provided, however, when acting 7 on matters concerning variances members of the Board on 8 Variances shall receive $50 per day plus their actual and 9 necessary expenses. 10 Section 305. Certification. 11 (a) Applicability.--The provisions of this section shall 12 apply to all buildings subject to this act except those 13 classified as Use Group R-3. 14 (b) Compliance with act.--It shall be the duty of the 15 licensed design professional retained in connection with the 16 design or construction of a building to certify the drawings, 17 specifications and other data showing compliance with the 18 provisions of this act, except as provided in subsection (e). If 19 the building is subject to the provisions of the act of April 20 27, 1927 (P.L.465, No.299), referred to as the Fire and Panic 21 Act, the certification required hereunder shall be submitted on 22 a form with the application for plan approval under the said 23 Fire and Panic Act. 24 (c) Inspection.--Each licensed design professional retained 25 by the owner or his designee, where any of such are retained 26 during the construction of a building, shall make periodic 27 inspections of the building progression to insure compliance 28 with this act, except as provided in subsection (e). 29 (d) Final certification.--Each licensed design professional 30 retained by the owner shall make a final certification of every 19770H0552B3768 - 49 -
1 completed building showing compliance with the provisions of 2 this act, except as provided in subsection (e). 3 (e) Certification by builder.--If a licensed design 4 professional is not retained in connection with the design and 5 construction of a building, it shall be the responsibility of 6 the builder or owner, if he is the builder, to perform the 7 inspections and certification required by this section. 8 Section 306. Use Group R-3; notice; warranty. 9 (a) Notice.--Prior to construction of any building 10 classified as Use Group R-3, the builder shall notify the 11 department by certified mail of his intent to begin 12 construction. Such notice shall contain the name of the owner of 13 the building and its location. 14 (b) Warranty.--At the time a contract for the construction 15 of any building classified as Use Group R-3 is entered into, the 16 builder shall warrant to the owner in writing that the building 17 shall be constructed in accordance with the provisions of this 18 act. Such warranty shall be a document separate from the 19 contract and shall be in the following form: 20 I, (Builder) , hereby warrant to (Owner) that the 21 premises known as (Description) 22 shall be constructed in accordance with the provisions of the 23 Act of __________, 19__, No.____, known as the "Building Energy 24 Conservation Act." This law provides building and equipment 25 standards to make your home energy efficient and also provides 26 you with legal remedies if your home is not built according to 27 the State standards. If you would like the State to do an 28 energy audit of your home to determine if it conforms to State 29 standards, you may call the Pennsylvania Department of 30 Community Affairs at (Telephone) , and they will perform an 19770H0552B3768 - 50 -
1 inspection of your home for a fee of $25. 2 Indicate if alternate building system or equipment design is 3 being employed. 4 (c) If the builder is also the owner of the building at the 5 time of construction, he shall provide the warranty required by 6 subsection (b) at the time of its initial sale to a new owner. 7 Such warranty shall be in substantially the same form as 8 provided in subsection (b). 9 (d) Failure to provide notice.--The Department of Community 10 Affairs, after hearing, may assess a civil penalty payable to 11 the Commonwealth of Pennsylvania not to exceed $100 upon any 12 builder who fails to give the notice required by subsection (a). 13 In determining the amount of the civil penalty, the Department 14 of Community Affairs shall consider the willfulness of the 15 violation and the cost incurred by the department in discovering 16 the violation. 17 (e) Failure to provide warranty.--Whenever a builder fails 18 to provide the warranty required by subsections (b) or (c) such 19 required warranty shall constitute an implied warranty and the 20 owner's right to proceed under section 315(a) shall not be 21 affected. If it is established by a preponderance of the 22 evidence that the builder's failure to provide the warranty was 23 willful, then damages in twice the amount provided in section 24 315 may be awarded. 25 Section 307. Variances. 26 (a) Requests.--Any request for a variance from the energy 27 conservation standards contained herein shall be made to the 28 Board on Variances of the Building Energy Conservation Committee 29 and a decision on such request shall be made within 30 days of 30 its filing. 19770H0552B3768 - 51 -
1 (b) Criteria.--A variance shall be granted only if it is 2 found that: 3 (1) compliance with the provisions of this act would 4 result in extreme hardship to the owner; and 5 (2) the granting of such variance would not result in a 6 significant increase in the energy usage of the building. 7 Section 308. Building permits. 8 Any building permit issued by the Commonwealth or any of its 9 political subdivisions shall have printed upon its face notice 10 that the provisions of this act must be complied with. 11 Section 309. Permits for use or occupancy. 12 Before any building or structure hereafter constructed, other 13 than a building classified as Use Group R-3, shall be used or 14 opened for occupancy, the owner thereof shall notify the 15 department of the completion of the building for the purposes of 16 this act and submit the necessary certification therewith: 17 Provided, however, That if a municipality elects to administer 18 the provisions of this act under Chapter 5 such notice and 19 certification shall be submitted to the municipality which shall 20 forward a copy of the notice to the department. No permit for 21 use or occupancy shall be granted until such submission has been 22 made. No building official of the Commonwealth or any of its 23 political subdivisions shall issue a permit until he has 24 received proof of such compliance. Where the certificate has 25 been submitted to the department, presentation to the building 26 official of the mailing receipt together with a copy of the 27 certification required by section 305 shall establish proof of 28 compliance for the purposes of this section. Upon such 29 presentation any building official of the Commonwealth or any of 30 its political subdivisions shall issue a permit for use or 19770H0552B3768 - 52 -
1 occupancy, provided all other criteria for such a permit have 2 been satisfied and said building official shall notify the 3 department that he has issued the same. 4 Section 310. Failure to submit certification. 5 Whenever the owner of any building, other than a building 6 classified as Use Group R-3, shall fail to give the notice and 7 submit the necessary certification in accordance with section 8 309 and shall nevertheless proceed with the use or occupancy of 9 the building, the department or the municipality shall serve 10 notice on the said owner that he is in violation of this act and 11 order him to comply therewith. 12 Section 311. Inspections. 13 The department may perform a nondestructive inspection within 14 two years of the date of completion of construction of any 15 building constructed after the effective date of this act to 16 determine compliance with the provisions of this act, provided 17 at least 30 days notice has been given to the owner. The 18 department may also perform such inspections at the request of 19 the owner of any building subject to this act for a fee of $25. 20 Section 312. Appeals. 21 Review of any decisions rendered under the provisions of this 22 act shall be brought in the court of common pleas of the county 23 wherein the building is situated. Such review shall be limited 24 to determining whether any such decision was arbitrary and 25 capricious. 26 Section 313. Penalties. 27 (a) Applicability.--The provisions of this section shall 28 apply to all buildings subject to this act except those 29 classified as Use Group R-3. 30 (b) Violations of act.--Any person who shall willfully or 19770H0552B3768 - 53 -
1 negligently violate any of the provisions of this act, or the 2 rules and regulations or the orders for the enforcement of the 3 said provisions or rules and regulations issued by duly 4 authorized officers of the department or who shall hinder, delay 5 or interfere with any officer charged with the enforcement of 6 this act in the performance of his duty, shall, upon conviction 7 thereof, be punished by a fine of not more than $300 and costs. 8 In the event of violation of more than one provision of this 9 act, the violation of each provision shall be deemed a separate 10 and distinct offense for the purposes of this section. 11 (c) Institution of proceedings.--Prosecutions for violations 12 of this act or the rules and regulations of the department may 13 be instituted by the Secretary of Labor and Industry or under 14 his directions by an authorized representative of the 15 department. Upon conviction after a hearing in a court of 16 competent jurisdiction, the sentences provided in this act shall 17 be imposed and shall be final unless an appeal be taken in the 18 manner prescribed by law. 19 (d) Disposition of fines.--All fines collected under this 20 act shall be forwarded to the department who shall pay the same 21 into the State Treasury for the use of the Commonwealth. 22 (e) False certification.--Any architect or other licensed 23 design professional who willfully provides a false certification 24 for any building subject to the provisions of this act shall be 25 subject to the suspension or revocation of his license by the 26 State Board of Examiners of Architects or other applicable State 27 licensing board. 28 Section 314. Enforcement. 29 (a) Applicability.--The provisions of this act shall apply 30 to every building enumerated in this act, including buildings 19770H0552B3768 - 54 -
1 owned in whole or in part by the Commonwealth or any political 2 subdivision thereof, and for all buildings, other than those 3 classified as Use Group R-3 shall be enforced by the Secretary 4 of Labor and Industry, by and through his authorized 5 representatives. 6 (b) Powers of officers.--For the purpose of enforcing the 7 provisions of this act, all the officers charged with its 8 enforcement shall have the power to enter any of the buildings 9 enumerated in this act, and no person shall hinder or delay, or 10 interfere with any of the said officers in the performance of 11 his duty, nor refuse any pertinent information necessary to 12 determine whether the provisions of this act and the rules and 13 regulations herein provided for, are or will be complied with. 14 Section 315. Civil action. 15 (a) Use Group R-3.--The owner of any building subject to the 16 requirements of section 306 who is aggrieved as the result of 17 such building not being properly designed or constructed in 18 conformance with this act shall have a right of action for 19 breach of warranty. Remedies may include specific performance or 20 an award of damages in an amount not less than $300. Attorney's 21 fees shall be recoverable in any action in which the owner 22 prevails. Any such award shall further provide for payment of 23 the actual costs in excess of $25 incurred by the department if 24 it inspected the building for the owner and the owner shall 25 remit such amount to the department. 26 (b) Other buildings.--The owner of any building, other than 27 a building classified as Use Group R-3, at the time of its 28 design or construction under the provisions of this act who is 29 aggrieved as the result of such building not being properly 30 designed or constructed in conformance with this act shall have 19770H0552B3768 - 55 -
1 a right of action against any person who is required to submit 2 the certificate required by section 305. 3 (c) Limitation of action.--No action brought under this 4 section shall be maintained unless brought within three years 5 from the date of completion of the building. 6 CHAPTER 4 7 ADOPTION OF FUTURE STANDARDS 8 Section 401. Adoption and promulgation of standards. 9 The department, with the approval of the Building Energy 10 Conservation Committee, shall, after one or more public 11 hearings, adopt and publish energy conservation standards for 12 all buildings covered by this act in accordance with the 13 provisions of the act of July 31, 1968 (P.L.769, No.240), known 14 as the "Commonwealth Documents Law." The purpose of such 15 standards is to reduce wasteful or uneconomic consumption of 16 energy by balancing the cost of energy procurement against the 17 cost of energy-conserving building practices. The energy 18 conservation standards shall meet the following criteria: 19 (1) They shall be consistent with the latest and most 20 effective technology. 21 (2) They shall not be in conflict with existing 22 safeguards for public health and safety. 23 (3) They shall be economically feasible as determined by 24 life-cycle-cost procedures. 25 (4) They shall be sufficiently stringent to effect a 26 significant savings of energy resources. 27 (5) They shall be a performance standard for the design 28 of buildings and systems within buildings to assure maximum 29 practical conservation of energy. 30 (6) Consideration shall be given to building and energy 19770H0552B3768 - 56 -
1 standards promulgated by national and other State 2 governmental agencies, private organizations and any other 3 available energy data, as well as the total energy allocation 4 approach. 5 CHAPTER 5 6 LOCAL ELECTION 7 Section 501. Election; Use Group R-3. 8 Any municipality of this Commonwealth may elect to administer 9 the provisions of this act relating to Use Group R-3 buildings, 10 as defined in section 103, except for units subject to the act 11 of May 11, 1972 (P.L.286, No.70), known as the "Industrialized 12 Housing Act" and the act of May 11, 1972 (P.L.281, No.69), known 13 as the "Uniform Standards Code for Mobile Homes." Such election 14 shall be made by resolution of the governing body of such 15 municipality which shall be in substantially the following form: 16 The (city, borough, town, or township) of____________________ 17 hereby elects to administer the provisions of the act 18 of____________, 1978, No._______ known as the "Building Energy 19 Conservation Act" for Use Group R-3 buildings as defined 20 therein. 21 Section 502. Election; cities of the first, second and second 22 class A. 23 Any city of the first class, second class and second class A 24 may elect to administer the provisions of this act for all 25 buildings subject hereto, except for units subject to the act of 26 May 11, 1972 (P.L.286, No.70), known as the "Industrialized 27 Housing Act" and the act of May 11, 1972 (P.L.281, No.69), known 28 as the "Uniform Standards Code for Mobile Homes." Such election 29 shall be made by resolution of the governing body of such city 30 which shall be in substantially the following form: 19770H0552B3768 - 57 -
1 The city of________________hereby elects to administer the 2 provisions of the act of _________, 1978, No._______ known as 3 the "Building Energy Conservation Act." 4 Section 503. Powers of municipalities. 5 Any municipality electing to administer the provisions of 6 this act under section 501 or 502 shall exercise the same powers 7 conferred upon the department by this act, including the power 8 to institute proceedings for violations of the act, with the 9 exception of those powers specified in sections 301, 303 and in 10 Chapter 4. In addition, any such municipality may exercise such 11 other administrative and enforcement procedures as it shall deem 12 necessary to effect the purposes of this act including, but not 13 limited to, prior plan approval, building permit requirements, 14 use or occupancy permit requirements and inspections during the 15 course of construction. 16 Section 504. Variances. 17 Any municipality electing to administer the provisions of 18 this act under section 501 or 502 shall establish a Board on 19 Variances to make determinations on request for variance from 20 the energy conservation standards contained herein or as 21 promulgated by the department with the approval of the Building 22 Energy Conservation Committee, and is authorized exclusive 23 jurisdiction to grant such variances, section 307(a) 24 notwithstanding. A variance shall only be granted if the 25 criteria of section 307(b) have been satisfied. 26 Section 505. Disposition of fines. 27 Any fines collected under this act by any municipality 28 electing to administer the provisions of this act under section 29 501 or 502 shall be retained by the municipality, section 313(c) 30 notwithstanding. 19770H0552B3768 - 58 -
1 CHAPTER 6 2 REPORT TO GENERAL ASSEMBLY 3 Section 601. Report to General Assembly. 4 Thirty months after the effective date of this act, the 5 department shall report to the General Assembly the results of 6 the inspections it has performed under this act together with a 7 report on public compliance with this act. 8 Section 602. Effective date. 9 This act shall take effect as follows: 10 (1) Chapter 2 shall take effect in six months and shall 11 remain in full force and effect for a period of one year 12 after which time the provisions of Chapter 2 shall have no 13 legal effect. 14 (2) Section 301 shall take effect immediately and its 15 provisions shall remain in full force and effect for a period 16 of 18 months after which time said provisions shall have no 17 legal effect. 18 (3) Chapter 4 shall take effect in 18 months. 19 (4) All other provisions of this act shall take effect 20 immediately. B10L42JLW/19770H0552B3768 - 59 -