PRINTER'S NO. 2136
No. 1349 Session of 2006
INTRODUCED BY REGOLA AND D. WHITE, OCTOBER 11, 2006
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 11, 2006
AN ACT
1 Reenacting and amending the former act of December 15, 1980
2 (P.L.1203, No.222), entitled "An act providing for the
3 regulation for energy conservation purposes of the
4 construction of buildings, the establishment of a Building
5 Energy Conservation Committee and a Board on Variances,
6 appeals and for penalties," restoring the act to the state in
7 which it existed prior to repeal by the Pennsylvania
8 Construction Code Act.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The title, the heading of Chapter 1 and section
12 101 of the act of December 15, 1980 (P.L.1203, No.222), entitled
13 "An act providing for the regulation for energy conservation
14 purposes of the construction of buildings, the establishment of
15 a Building Energy Conservation Committee and a Board on
16 Variances, appeals and for penalties," repealed November 10,
17 1999 (P.L.491, No.45), are reenacted to read:
18 AN ACT
19 Providing for the regulation for energy conservation purposes of
20 the construction of buildings, the establishment of a
1 Building Energy Conservation Committee and a Board on
2 Variances, appeals and for penalties.
3 CHAPTER 1
4 GENERAL PROVISIONS
5 Section 101. Short title.
6 This act shall be known and may be cited as the "Building
7 Energy Conservation Act."
8 Section 2. Sections 102 and 103 of the act, amended December
9 19, 1985 (P.L.344, No.98) and repealed November 10, 1999
10 (P.L.491, No.45), are reenacted and amended to read:
11 Section 102. Legislative findings and declaration of purpose.
12 (a) Findings.--The Legislature hereby determines that:
13 (1) Energy shortages in the domestic supply present far-
14 reaching problems that promise to persist. These energy
15 shortages affect the continued efficient operation of the
16 Commonwealth's economy and social structure.
17 (2) It is the Commonwealth's responsibility to provide
18 for energy conservation through regulation of design and
19 construction standards.
20 (3) The Legislature intends, by this act, to respond to
21 these shortages by devising a specific responsible energy
22 conservation policy for building systems.
23 (b) Purpose.--The purpose of this act is to grant to the
24 Department of Labor and Industry and the Department of Community
25 [Affairs] and Economic Development and direct these departments
26 to exercise specific authority in building construction to
27 assure that such construction is performed using materials and
28 techniques that will provide for energy conservation in the
29 future operation and maintenance of said buildings.
30 Section 103. Definitions.
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1 The following words and phrases when used in this act shall
2 have, unless the context clearly indicates otherwise, the
3 meanings given to them in this section:
4 "Addition." Any addition to an existing building. The
5 provisions of this act shall only apply to the portion of the
6 building which is being added and not to the entire building.
7 "Building." Any structure that provides facilities or
8 shelter for public assembly or for educational, business,
9 mercantile, institutional, warehouse or residential occupancy,
10 or industrial use including, but not limited to, those portions
11 of factory and industrial occupancy such as office space except
12 for:
13 (1) Buildings and structures or portions thereof whose
14 peak design rate of energy usage is less than one watt per
15 square foot or 3.5 BTU/hr per square foot of floor area for
16 all purposes.
17 (2) Structures or those portions of structures used for
18 housing equipment or machinery, or in which manufacturing or
19 processing is done, where the operation of such equipment or
20 machinery, or the manufacturing or processing procedures
21 employed require the use of or generate substantial heat
22 producing energy or cooling within the structure. As used
23 herein, the generation of substantial heat shall mean
24 generation of more than 6 watts per square foot of floor
25 area.
26 (3) Buildings which are neither heated nor cooled.
27 (4) Historic buildings.
28 (5) Buildings owned by the Federal Government.
29 (6) All units subject to the act of May 11, 1972
30 (P.L.286, No.70), known as the "Industrialized Housing Act."
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1 (7) All units subject to Title VI (Public Law 93-383),
2 referred to as the Federal Mobile Home Construction and
3 Safety Standards Act of 1974.
4 (8) Buildings which are constructed primarily of tree
5 logs and only incidentally of other materials.
6 "Construction." The erection, fabrication or renovation of a
7 building.
8 "Department." The Pennsylvania Department of Labor and
9 Industry except that for all buildings classified as Use Group
10 R-3, herein, department means the Pennsylvania Department of
11 Community [Affairs] and Economic Development.
12 "Design." Calculations and resultant drawings and
13 specifications which are used for the construction of a
14 building.
15 "Historic building." Any building determined by the State
16 Historic Preservation Officer to meet the criteria for listing
17 on the National Register of Historic Places but only to the
18 extent that compliance with this act would prevent preservation
19 of the historic or architectural integrity of the building.
20 "Licensed design professional." A person licensed as an
21 architect or professional engineer pursuant to the appropriate
22 licensure act.
23 "Life-cycle cost." The cost of a building including its
24 initial cost, the cost of the energy consumed over its economic
25 life and the cost of its operation and maintenance.
26 "Municipality." A city, borough, incorporated town, township
27 or home rule municipality.
28 "Performance standards." Parameters within which designers
29 of buildings shall work. The specific practices that a designer
30 employs shall not be prescribed as long as the result is within
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1 the parameters established by the standards.
2 "Public utility." A person or corporation in this
3 Commonwealth owning or operating equipment or facilities for
4 producing, generating, transmitting, distributing or furnishing
5 electricity to or for the public for compensation for any
6 purpose. The term includes such persons or corporations
7 regulated by the Pennsylvania Public Utility Commission under
8 Title 66 of the Pennsylvania Consolidated Statutes (relating to
9 public utilities), but does not include any of the following:
10 (1) A generator or producer of electricity not engaged
11 in distributing the electricity directly to the public for
12 compensation.
13 (2) A person not otherwise a public utility who
14 furnishes service only to himself.
15 (3) A bona fide cooperative association which furnishes
16 services only to its stockholders or members on a nonprofit
17 basis.
18 "Renovation." The rehabilitation of an existing building
19 which requires more than 25% of the gross floor area or volume
20 of the entire building to be rebuilt. Cosmetic work such as
21 painting, wall covering, wall paneling, floor covering and
22 suspended ceiling work shall not be included. The provisions of
23 this act shall only apply to such portion of the building being
24 renovated and not to the entire building.
25 "Utility provider." A municipal corporation in this
26 Commonwealth owning or operating equipment or facilities for
27 producing, generating, transmitting, distributing or furnishing
28 electricity to or for the public within its corporate limits for
29 compensation for any purpose, or an electric cooperative
30 corporation created under the provisions of the act of June 21,
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1 1937 (P.L.1969, No.389), known as the "Electric Cooperative
2 Corporation Act," and which provides retail electric service to
3 its members on a nonprofit basis. The term does not include:
4 (1) A public utility regulated by the Pennsylvania
5 Public Utility Commission under Title 66 of the Pennsylvania
6 Consolidated Statutes (relating to public utilities).
7 (2) A generator, producer or manufacturer of
8 electricity, gas or steam not engaged in distributing such
9 electricity, gas or steam directly to the public for
10 compensation.
11 (3) A person or corporation not otherwise a public
12 utility who or which furnishes service only to himself or
13 itself.
14 (4) A generator, producer or manufacturer of gas or
15 steam engaged in distributing such gas or steam to the public
16 for compensation.
17 Section 3. Chapter 2 heading, Subchapters A, B, C and D,
18 Subchapter E heading and sections 209, 210, 211, 212, 213, 214
19 215, 216, 217, 218, 219, 220, 221, 222 and 223 of the act,
20 repealed November 10, 1999 (P.L.491, No.45), are reenacted to
21 read:
22 CHAPTER 2
23 ENERGY CONSERVATION STANDARDS
24 SUBCHAPTER A
25 GENERAL PROVISIONS
26 Section 201. Provisions.
27 The provisions of this chapter regulate the design and
28 construction of the exterior envelopes and selection of HVAC,
29 service water heating, electrical distribution, and illumination
30 systems and equipment required for the purpose of effective use
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1 of energy and shall govern the construction of all buildings, or
2 portions thereof, as provided herein other than a building
3 classified as Use Group R-3 except where specifically noted
4 otherwise. Minimum insulation requirements for buildings
5 classified as Use Group R-3 are contained in Subchapter J,
6 section 240.
7 SUBCHAPTER B
8 PLANS AND SPECIFICATIONS
9 Section 202. Submission.
10 (a) Plans.--Plans, specifications, computations where
11 necessary, and any changes thereto together with the necessary
12 certification required by section 305 shall be submitted for all
13 buildings except those classified as Use Group R-3 to indicate
14 conformance with this chapter and other applicable chapters of
15 this act, except as provided in subsections (b) and (c).
16 (b) Standard design.--Whenever a person is constructing a
17 building in accordance with plans, specifications and
18 computations which he has submitted within the previous two
19 years, such plans need not be resubmitted but such person shall
20 indicate upon the certificate required by section 305 that they
21 meet the standards currently in effect and identify the
22 previously submitted plans, specifications and computations.
23 (c) Prescriptive standards.--When the prescriptive standards
24 provided in the Energy Conservation Manual established by
25 section 303 are employed in the construction of a building only
26 such information as shall be required by the department shall be
27 submitted. The prescriptive standards applicable to Use Group R-
28 3 buildings are contained in section 240.
29 Section 203. Contents.
30 The plans and specifications, where required by section 202,
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1 shall show in sufficient detail all pertinent data and features
2 of the building and the equipment and systems as herein
3 governed, including but not limited to: exterior envelope
4 component materials, U values of elements, R values of
5 insulating materials, size and type of apparatus and equipment,
6 equipment and system controls and other pertinent data to
7 indicate conformance with the requirements herein.
8 SUBCHAPTER C
9 DEFINITIONS RELATING TO
10 ENERGY CONSERVATION STANDARDS
11 Section 204. Definitions relating to standards.
12 The following words and phrases when used in this chapter
13 shall have, unless the context clearly indicates otherwise, the
14 meanings given to them in this section:
15 "Coefficient of beam utilization" (CBU). The ratio of the
16 luminous flux (lumens) reaching a specified area directly from a
17 floodlight or projector to the total beam luminous flux.
18 "Coefficient of performance" (COP) - cooling. The ratio of
19 the rate of net heat removal to the rate of total energy input,
20 expressed in consistent units and under designated rating
21 conditions.
22 "Coefficient of performance" (COP) - heat pump, heating. The
23 ratio of the rate of net heat output to the rate of total energy
24 input, expressed in consistent units and under designated rating
25 conditions.
26 The rate of net heat output shall be defined as the change in
27 the total heat contents of the air entering and leaving the
28 equipment not including supplementary heat.
29 Total energy input shall be determined by combining the
30 energy inputs to all elements, except supplementary heaters, of
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1 the heat pump, including, but not limited to, compressors,
2 pumps, supply air fans, return air fans, outdoor air fans,
3 cooling tower fans and the heating, ventilating and air
4 conditioning system equipment control circuit.
5 "Coefficient of utilization" (CU). The ratio of the luminous
6 flux (lumens) from a luminaire received on the work plane to the
7 lumens emitted by the luminaire's lamps alone.
8 "Color rendition." General expression for the effect of a
9 light source on the color. Appearance of objects in conscious or
10 subconscious comparison with their color appearance under a
11 reference light source.
12 "Degree day, heating." A unit, based upon temperature
13 difference and time, used in estimating fuel consumption and
14 specifying nominal heating load of a building in winter. For any
15 one day, when the mean temperature is less than 65 F., there
16 exist as many degree days as there are Fahrenheit degrees
17 difference in temperature between the mean temperature for the
18 day and 65 F.
19 "Energy efficiency ratio" (EER). The ratio of net cooling
20 capacity in Btuh to total rate of electric input in watts under
21 designated operating conditions.
22 "Equivalent sphere illumination" (ESI). The level of sphere
23 illumination which would produce task visibility equivalent to
24 that produced by a specific lighting environment.
25 "Exterior envelope." The elements of a building which
26 enclose conditioned spaces through which thermal energy may be
27 transferred to or from the exterior.
28 "Floodlighting." A lighting system designated to light an
29 area using projector type luminaires usually capable of being
30 pointed in any direction.
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1 "Floor area, gross." Gross floor area shall be the floor
2 area within the perimeter of the outside walls of the building
3 under consideration, without deduction for hallways, stairs,
4 closets, thickness of walls, columns or other features.
5 "Illumination." The density of the luminous flux incident on
6 a surface. It is the quotient of the luminous flux by the area
7 of the surface when the latter is uniformly illuminated.
8 "Light loss factor" (LLF). A factor used in calculating the
9 level of illumination after a given period of time and under
10 given conditions. It takes into account temperature and voltage
11 variations, dirt accumulation on luminaire and room surfaces,
12 lamp depreciation, maintenance procedures and atmosphere
13 conditions.
14 "Luminaire." A complete lighting unit consisting of a lamp
15 or lamps together with the parts designed to distribute the
16 light, to position and protect the lamps and to connect the
17 lamps to the power supply.
18 "Multiglazing." An arrangement whereby two or more sheets of
19 glazing material are affixed in or on to a window frame to
20 create one or more closed insulating air spaces. Multiglazing
21 can be achieved by installing a preassembled sealed insulating
22 glass unit, consisting of two or more layers of glazing
23 materials with insulating, closed air space in between, or by
24 affixing one or more additional glazing materials onto a single
25 glazed window sash, creating one or more closed insulating air
26 spaces.
27 "Packaged terminal air conditioner." A factory selected
28 combination of heating and cooling components, assemblies or
29 sections, intended to serve a room or zone.
30 "Power." In connection with machines, power is the time rate
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1 of doing work. In connection with the transmission of energy of
2 all types, power refers to the rate at which energy is
3 transmitted; in customary units, it is measured in watts (W) or
4 British thermal units per hour (Btuh) and in SI units is
5 measured in watts (W).
6 "Reflectance." The ratio of the light reflected by a surface
7 to the light falling upon it.
8 "Reheat." The application of sensible heat to supply air
9 that has been previously cooled below the temperature of the
10 conditioned space by either mechanical refrigeration or the
11 introduction of outdoor air to provide cooling.
12 "Residential buildings." All buildings and structures or
13 parts thereof shall be classified in the residential (R) use
14 group in which families or households live, or in which sleeping
15 accommodations are provided for individuals with or without
16 dining facilities, excluding those that are classified as
17 institutional buildings. Residential buildings shall be
18 classified as follows:
19 (1) Use Group R-1 structures. This use group shall include
20 all hotel and motel buildings, lodging houses, boarding houses
21 and dormitory buildings arranged for the shelter and sleeping
22 accommodation of more than 20 individuals.
23 (2) Use Group R-2 structures. This use group shall include
24 all multiple-family dwellings having more than two dwelling
25 units and not included in Use Group R-3; and shall also include
26 all dormitories, boarding and lodging houses arranged for
27 shelter and sleeping accommodation by more than five and not
28 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
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1 units including not more than five lodgers or boarders per
2 family and all rowhouses, townhouses and garden apartment
3 construction not exceeding three stories in height used for
4 residential purposes whenever each unit has its own individual
5 and self-supporting heating, ventilating and air conditioning
6 systems.
7 "Resistance, thermal" (R). A measure of the ability to
8 retard the flow of heat. The R value is the reciprocal of a heat
9 transfer coefficient, as expressed by U. (R = 1/U).
10 "Thermal transmittance" (U). Overall coefficient of heat
11 transmission or thermal transmittance (air to air) expressed in
12 units of BTU per hour per square foot per degree F. It is the
13 time rate of heat flow. The U value applies to combinations of
14 different materials used in series along the heat flow path and
15 also to single materials that comprise a building section and
16 include cavity air spaces and surface air films on both sides.
17 "Thermal transmittance" (Uo). Overall (average) heat
18 transmission or thermal transmittance of a gross area of the
19 exterior building envelope, expressed in units of BTU per hour
20 per square foot per degree F.
21 The Uo value applies to the combined effect of the time rate
22 of heat flows through the various parallel paths, such as
23 windows, doors and opaque construction areas, comprising the
24 gross area of one or more exterior building components, such as
25 walls, floor or roof/ceiling.
26 "Thermostat." An instrument which measures changes in
27 temperature and controls devices for maintaining a desired
28 temperature.
29 "Veiling reflections." Regular reflections superimposed upon
30 diffuse reflections from an object that partially or totally
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1 obscure the details to be seen by reducing the contrast. This
2 sometimes is called "reflected glare."
3 "Window management." Any one or combination of acts and
4 activities whose purpose is to take maximum advantage of the
5 energy conserving aspects of utilizing solar energy to heat a
6 building and/or utilize solar illumination within a building to
7 augment energy-consuming lighting systems. Such acts and
8 activities include, but are not limited to, building-window
9 siting and orientation, selection of glazing materials, design
10 of overhangs, sun screens or placement of shrubbery.
11 "Work plane." The plane at which work usually is done and at
12 which the illumination is specified and measured. Unless
13 otherwise indicated, this is assumed to be a horizontal plane 30
14 in. (0.76 m) above the floor.
15 "Zone." A space or group of spaces within a building with
16 heating or cooling requirements sufficiently similar so that
17 comfort conditions can be maintained throughout by a single
18 controlling device.
19 SUBCHAPTER D
20 BUILDING ENVELOPE
21 Section 205. General provisions.
22 (a) Purpose of subchapter.--The intent of this subchapter is
23 to provide minimum requirements for exterior envelope
24 construction in the interest of energy conservation.
25 In addition to the criteria set forth in this subchapter
26 provisions shall be made to maximize the energy conserving
27 benefits of solar daylight and passive solar heat gain through
28 window management. The proposed design may also take into
29 consideration the thermal mass of the building in considering
30 energy conservation. The administering agency shall provide the
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1 guidelines necessary to implement these provisions.
2 (b) Thermal performance.--All buildings and structures that
3 are heated or mechanically cooled shall be constructed so as to
4 provide the required thermal performance of the various
5 components.
6 The required thermal transmittance value (Uo) of any one
7 component, such as roof/ceiling, wall or floor may be increased
8 and the Uo value for other components decreased provided that
9 the overall heat gain or loss for the entire building envelope
10 does not exceed the total resulting from conformance to the
11 required Uo values.
12 (c) Different requirements.--
13 (1) A building that is designed to be both heated and
14 cooled shall meet the more stringent of the heating or
15 cooling requirements of the exterior envelope as provided in
16 this subchapter when requirements differ.
17 (2) A building which is not cooled whose primary purpose
18 is storage and has an indoor design temperature of 50 degrees
19 F. or less, the building is exempt from the requirements of
20 this subchapter.
21 (d) Exterior walls.--For the purpose of this subchapter the
22 gross area of exterior walls consists of all opaque wall areas,
23 including foundation walls above grade, peripheral edges of
24 floors, window areas including sash, and door areas, where such
25 surfaces are exposed to outdoor air and enclose a heated or
26 mechanically cooled space.
27 (e) Roof assembly.--For the purpose of this subchapter a
28 roof assembly shall be considered as all components of the
29 roof/ceiling envelope through which heat flows, thereby creating
30 a building transmission heat loss or gain, where such assembly
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1 is exposed to outdoor air and encloses a heated or mechanically
2 cooled space.
3 The gross area of a roof assembly consists of the total
4 interior surface of such assembly, including skylights, exposed
5 to the heated or mechanically cooled space.
6 Where air ceiling plenums are employed, the roof or ceiling
7 assembly shall:
8 (1) For thermal transmittance purposes not include the
9 ceiling proper nor the plenum space as part of the assembly.
10 (2) For gross area purposes be based upon the interior
11 face of the upper plenum surface.
12 Section 206. Criteria for residential buildings.
13 (a) Applicability.--The requirements herein shall apply to
14 all buildings and structures or portions thereof of Use Groups
15 R-1 and R-2 that are heated or mechanically cooled when not more
16 than 3 stories or 40 feet in height.
17 (b) Walls.--The gross area of exterior walls above grade,
18 including foundation walls, shall have a combined thermal
19 transmittance value (Uo) not exceeding those specified in Table
20 1.
21 Table 1
22 Maximum Allowable "Uo" Values for
23 Gross Exterior Wall Assemblies
24 R-1 and R-2
25 Annual heating degree days* residential
26 4000 0.31
27 5000 0.29
28 6000 0.27
29 7000 0.26
30 *As specified in Chapter 43 ASHRAE Handbook-Systems.
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1 (c) Roof/ceiling.--The roof/ceiling assemblies shall have a
2 combined thermal transmittance value (Uo) not to exceed 0.05
3 except that roof/ceiling assemblies in which the finished
4 interior surface is essentially the underside of the roof deck,
5 such as a wooden cathedral ceiling, may have a "Uo" value not to
6 exceed 0.08. These values presume no significant thermal
7 transmission through framing members, skylights or other
8 interruptions in the roof envelope. If such interruptions occur,
9 calculations must be made showing conformance to the required
10 "Uo" values.
11 (d) Floors over unheated spaces.--The floor of a heated or
12 mechanically cooled space located over an unheated space shall
13 have a combined thermal transmittance value (Uo) not to exceed
14 0.08.
15 (e) Slab-on grade floors.--
16 (1) For slab-on grade floors, the perimeter of the floor
17 shall be insulated with a material having a thermal
18 resistance value (R) not less than those specified in Table
19 2.
20 Table 2
21 Minimum Allowable "R" Values of Perimeter
22 Insulation for Slab-On Grade Floors
23 Annual heating degree days Heated slab Unheated slab
24 4000* 5.5 3.5
25 5000 6.3 4.2
26 6000 7.0 4.9
27 7000 7.8 5.5
28 *Table values may be interpolated.
29 (2) The insulation shall extend downward from the top of
30 the slab for a minimum distance of 24 inches or downward to
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1 the bottom of the slab then horizontally beneath the slab for
2 a minimum total distance of 24 inches.
3 Section 207. Other buildings.
4 (a) Coverage.--The heating and cooling requirements herein
5 shall govern all buildings and structures or portions thereof
6 other than defined by section 206.
7 (b) Heating criteria for walls.--All buildings and
8 structures that are heated shall have a combined thermal
9 transmittance value (Uo) for the gross area of exterior walls
10 not exceeding those specified in Table 3.
11 Table 3
12 Maximum Allowable "Uo" Values
13 for Gross Exterior Wall Assemblies
14 3 stories or More than
15 Annual heating degree days 40 ft. or less 3 stories or
16 40 ft.
17 4000 0.31 0.38
18 5000 0.29 0.36
19 6000 0.27 0.33
20 7000 0.26 0.31
21 (c) Heating criteria for roof/ceiling.--All buildings and
22 structures that are heated shall have combined thermal
23 transmittance value (Uo) for roof/ceiling assemblies not
24 exceeding those specified in Table 4.
25 Table 4
26 Maximum Allowable "Uo" Values
27 for Roof/Ceiling Assemblies
28 Annual heating degree days Maximum Uo
29 4000* 0.092
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1 5000 0.084
2 6000 0.076
3 7000 0.068
4 *Table values may be interpolated.
5 (d) Heating criteria for floors over unheated spaces.--The
6 floor of a heated space located over an unheated space shall
7 have a thermal transmittance value (Uo) not exceeding 0.08.
8 (e) Heating criteria for slab-on grade floors.--For slab-on
9 grade floors, the perimeter of the floor shall be insulated with
10 a material having a thermal resistance value (R) not less than
11 those specified in Table 5.
12 The insulation shall extend downward from the top of the slab
13 for a minimum distance of 24 inches or downward to the bottom of
14 the slab then horizontally beneath the slab for a minimum total
15 distance of 24 inches.
16 Table 5
17 Minimum Allowable "R" Values of Perimeter
18 Insulation for Slab-On Grade Floors
19 Annual heating degree days Heated slab Unheated slab
20 4000* 5.5 3.5
21 5000 6.3 4.2
22 6000 7.0 4.9
23 7000 7.8 5.5
24 *Table values may be interpolated.
25 (f) Cooling criteria for walls.--All buildings and
26 structures that are mechanically cooled shall have an overall
27 thermal transfer value for the gross area of exterior walls not
28 exceeding 33.5 BTU's per hour per square foot based on the
29 following equation:
30 OTTV = (Uw x Aw x TDEQ) + (Af x Sf x Sc) + (Uf x Af x Delta T)
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1 Ao
2 OTTV = Overall thermal transfer value where:
3 Uw = The thermal transmittance of all elements of the opaque
4 wall area Btu/h. ft2.F (W/m2K)
5 Aw = Opaque wall area, ft2 (m2)
6 Uf = The thermal transmittance of the fenestration area
7 Btu/h. ft2.F (W/m2K)
8 Af = Fenestration area, ft2 (m2)
9 TDEQ = Value given in the following table, F, (c):
10
11 TABLE FOR TEMPERATURE DIFFERENCE
12 Wall Construction-mass per unit area TDEQ
13 LB/FT2 Kg/m2 F C
14 0-25 0-125 44 24.5
15 26-40 126-195 37 21.0
16 41-70 196-345 30 17.0
17 71 and above 346 and above 23 13.0
18
19 Weight of wall construction shall be determined from the
20 1972 ASHRAE Handbook of Fundamentals, Chapter 22.
21 Sc = Shading coefficient of the fenestration
22 Delta T = Temperature difference between exterior and interior
23 design conditions, F, for which the following
24 temperatures shall apply:
25 Indoor Outdoor
26 F C
27 Winter 72 22.0 97 1/2%*
28 Summer 78 25.5 2 1/2%*
29 *Values from 1972 ASHRAE Handbook of Fundamentals,
30 Chapter 33.
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1 SF = Solar factor value given Btu/h.ft2 (W/m2).
2 (use 127 Btu/h.ft2)
3 AO = Gross area of exterior walls, ft2 (m2). The gross
4 area of exterior walls consists of all opaque wall
5 areas (including foundation walls, between floor span-
6 drels, peripheral edges of floors, etc.), window
7 areas (including sash), and door areas, where such
8 surfaces are exposed to outdoor air and enclose a
9 heated and/or mechanically cooled space (including
10 intersticial areas between two such spaces).
11 Note: Where more than one type of wall and/or fenestration
12 is used, the respective term or terms shall be expanded
13 into sub-elements, as:
14 (Uw x Aw x TDEQ) + (Uw2 x Aw2 x TDEQ2), etc.
15 (g) Cooling criteria for roof/ceilings.--All buildings and
16 structures that are mechanically cooled shall have a combined
17 thermal transmittance value (Uo) for roof/ceiling assemblies the
18 same as specified in Table 4 for heating.
19 Section 208. Air leakage.
20 (a) Application.--The requirements of this section shall
21 apply to all buildings and structures and apply only to those
22 locations separating outdoor ambient conditions from interior
23 spaces that are heated or mechanically cooled and are not
24 applicable to separation of interior spaces from each other.
25 (b) Standard.--Compliance with the criteria for air leakage
26 shall be determined by ASTM E-283, Standard Method of Test for
27 Rate of Air Leakage through Exterior Windows, Curtain Walls and
28 Doors, at a pressure differential of 1.567 lb/ft2 which is
29 equivalent to the effect of a 25 m.p.h. wind.
30 (c) Acceptance criteria.--The following criteria shall
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1 represent the maximum allowable air leakage:
2 (1) The air infiltration rate for windows shall not
3 exceed 0.5 Cfm per foot of sash crack.
4 (2) The air infiltration rate for sliding glass doors in
5 residential buildings shall not exceed 0.5 Cfm per square
6 foot of door area.
7 (3) The air infiltration rate for swinging doors in
8 residential buildings shall not exceed 1.25 Cfm per square
9 foot of door area.
10 (4) The air infiltration rate for swinging, revolving or
11 sliding doors in other than residential buildings shall not
12 exceed 11 Cfm per lineal foot of door crack.
13 (d) Caulking and sealants.--Exterior joints around windows
14 and door frames, between wall cavities and window or door
15 frames, between wall and foundation, between wall and roof,
16 between wall panels, at penetrations or utility services through
17 walls, floors and roofs, and all other openings in the exterior
18 envelope shall be caulked, gasketed, weatherstripped, or
19 otherwise sealed.
20 SUBCHAPTER E
21 WARM AIR HEATING, VENTILATING AND AIR CONDITIONING
22 SYSTEMS AND EQUIPMENT
23 Section 209. General provisions.
24 This subchapter applies to air duct systems employing
25 mechanical means for the movement of air used for warm air
26 heating, ventilating, air conditioning systems, exhaust systems
27 and combination heating and air conditioning systems, except
28 that this subchapter shall not apply to systems for the removal
29 of flammable vapors or residues or to systems for conveying
30 dust, stock or refuse by means of air currents. Heating,
20060S1349B2136 - 21 -
1 ventilating and air conditioning systems of all buildings and
2 structures or portions thereof shall be designed and installed
3 for efficient use of energy as herein provided. Special
4 applications, such as but not limited to hospitals,
5 laboratories, thermally sensitive equipment, computer rooms,
6 manufacturing processes and supermarkets, are exempt from the
7 requirements of this subchapter.
8 Section 210. Design requirements.
9 In determining design conditions for calculations under this
10 section the following design temperatures shall apply:
11 (1) Outdoor design temperature shall be selected for
12 listed locations in Chapter 33 of the ASHRAE Handbook of
13 Fundamentals, from columns of 97 1/2% values for heating and
14 2 1/2% values for cooling.
15 (2) Indoor design temperature shall be 72 degrees F. for
16 heating and 78 degrees F. for cooling.
17 (3) Indoor design relative humidity for heating shall
18 not exceed 30%. For cooling, the actual design relative
19 humidity within the comfort envelope as defined in ASHRAE
20 Standard 55-74 "Thermal Environmental Conditions for Human
21 Occupancy" shall be selected for the minimum total heating,
22 ventilating, and air conditioning system energy use.
23 Section 211. Cooling with outdoor air.
24 (a) Fan system design.--Each fan system shall be designed to
25 use up to and including 100% of the fan system capacity for
26 cooling with outdoor air automatically whenever its use will
27 result in lower usage of energy than would be required under its
28 normal operation.
29 (b) Exceptions.--Cooling with outdoor air is not required
30 under any one or more of the following conditions:
20060S1349B2136 - 22 -
1 (1) Fan system capacity less than 5,000 Cfm or 134,000
2 Btu/Hr total cooling capacity.
3 (2) The quality of the outdoor air is so poor as to
4 require extensive treatment of the air.
5 (3) The need for humidification or dehumidification
6 requires the use of more energy than is conserved by outdoor
7 air cooling.
8 (4) The use of outdoor air cooling may affect the
9 operation of other systems (such as return or exhaust air
10 fans or supermarket refrigeration) so as to increase the
11 overall energy consumption of the building.
12 (5) Internal/external zone heat recovery or other energy
13 recovery is used.
14 (6) When all space cooling is accomplished by a
15 circulating liquid which transfers space heat directly or
16 indirectly to a heat rejection device such as a cooling tower
17 without the use of a refrigeration system.
18 Section 212. Mechanical ventilation.
19 Each mechanical ventilation system shall be equipped with a
20 readily accessible means for either shut-off or volume reduction
21 and shut-off when ventilation is not required.
22 Section 213. Simultaneous heating and cooling.
23 Systems that employ both heating and cooling simultaneously
24 in order to achieve comfort conditions within a space shall be
25 limited to those situations where more efficient methods of
26 heating and air conditioning cannot be effectively utilized to
27 meet system objectives. Simultaneous heating and cooling by
28 reheating or recooling supply air or by concurrent operation or
29 independent heating and cooling systems serving a common zone
30 shall be restricted as specified herein.
20060S1349B2136 - 23 -
1 Section 214. Recovered energy.
2 Recovered energy, provided the new energy expended in the
3 recovery process is less than the amount recovered, may be used
4 for control of temperature and humidity. New energy is defined
5 as energy, other than recovered, utilized for the purpose of
6 heating or cooling.
7 Section 215. New energy.
8 (a) Prevention of excess humidity.--New energy may be used,
9 when necessary, to prevent relative humidity from rising above
10 60% for comfort control or to prevent condensation on terminal
11 units or outlets.
12 (b) Control of temperature.--New energy may be used for
13 control of temperature if minimized as specified in sections 216
14 through 220.
15 Section 216. Reheat systems.
16 Systems employing reheat and serving multiple zones, other
17 than those employing variable air volume for temperature
18 control, shall be provided with control that will automatically
19 reset the system cold air supply to the highest temperature
20 level that will satisfy the zone requiring the coolest air.
21 Single zone reheat systems shall be controlled to sequence
22 reheat and cooling.
23 Section 217. Dual duct and multizone systems.
24 These systems shall be provided with control that will
25 automatically reset the cold deck air supply to the highest
26 temperature that will satisfy the zone requiring the coolest air
27 and the hot deck air supply to the lowest temperature that will
28 satisfy the zone requiring the warmest air.
29 Section 218. Recooling systems.
30 Systems in which heated air is recooled directly or
20060S1349B2136 - 24 -
1 indirectly, to maintain space temperature, shall be provided
2 with control that will automatically reset the temperature to
3 which the supply air is heated to the lowest level that will
4 satisfy the zone requiring the warmest air.
5 Section 219. Multiple zones.
6 For systems with multiple zones, one or more zones may be
7 chosen to represent a number of zones with similar heating or
8 cooling characteristics. A multiple zone heating, ventilating
9 and air conditioning system that employs reheating or recooling
10 for control of not more than 5,000 Cfm or 20% of the total
11 supply air of the system, whichever is less, shall be exempt
12 from the supply air temperature reset requirements of sections
13 216 through 218.
14 Section 220. Concurrent operation.
15 Concurrent operation of independent heating and cooling
16 systems serving common spaces, and requiring the use of new
17 energy for heating or cooling shall be minimized by one or both
18 of the following:
19 (1) By providing sequential temperature control of both
20 heating and cooling capacity in each zone.
21 (2) By limiting the heating energy input, through
22 automatic reset control of the heating medium temperature (or
23 energy input rate), to only that necessary to offset heat
24 loss due to transmission and infiltration and, where
25 applicable, to heat the ventilation air supply to the space.
26 Section 221. Equipment performance requirements.
27 (a) Application.--The requirements of this section apply to
28 equipment and component performance for heating, ventilating and
29 air conditioning systems. Where equipment efficiency levels are
30 specified, data furnished by the equipment supplier or certified
20060S1349B2136 - 25 -
1 under a nationally recognized certification program or rating
2 procedure shall be used to satisfy these requirements.
3 (b) Systems equipment - electrical.--Heating ventilating and
4 air conditioning systems equipment whose energy input in the
5 cooling mode is entirely electric shall show a coefficient of
6 performance (COP) and energy efficiency ratio (EER) not less
7 than the values specified in Table 6. These requirements apply
8 to, but are not limited to, unitary cooling equipment (air and
9 water source); packaged air conditioners; and room air
10 conditioners. These requirements do not apply to equipment used
11 in areas having open refrigerated food display cases. For
12 determining coefficient of performance (COP), the rate of net
13 heat removal shall be defined as the change in the total heat
14 contents of the air entering and leaving the equipment (without
15 reheat). Total energy input shall be determined by combining the
16 energy inputs to all elements of the equipment, including but
17 not limited to, compressors, pumps, supply-air fans, cooling
18 tower fans and the system equipment control circuit.
19 Table 6
20 Minimum EER and COP for Electric Heating, Ventilating
21 and Air Conditioning System Equipment
22 Standard rating capacity EER COP
23 Under 65,000 Btu/hr (19,050 watts) 6.1 1.8
24 65,000 Btu/hr (19,050 watts) and over 6.8 2.0
25
26 (c) Other system equipment.--Heat operated cooling equipment
27 shall show a coefficient of performance (COP) in the cooling
28 mode not less than the values specified in Table 7. These
29 requirements apply to, but are not limited to, absorption,
20060S1349B2136 - 26 -
1 engine-driven and turbine-driven equipment. The coefficient of
2 performance (COP) is determined excluding the electrical
3 auxiliary inputs.
4 Table 7
5 Minimum COP for Heating, Ventilating and Air Conditioning
6 System Heat Operated Cooling Equipment
7 Heat source Minimum COP
8 Direct fired (gas, oil) 0.40
9 Indirect fired (steam, hot water) 0.65
10
11 (d) System components.--Heating, ventilating and air
12 conditioning system components whose energy input in the cooling
13 mode is entirely electric shall show a coefficient of
14 performance (COP) and energy efficiency ratio (EER) not less
15 than the values specified in Table 8. For determining
16 coefficient of performance (COP), the rate of heat removal is
17 defined as the difference in total heat contents of the water or
18 refrigerant entering or leaving the component. Total energy
19 input shall be determined by combining the energy inputs to all
20 elements and accessories of the component, including but not
21 limited to, compressors, internal circulating pumps, condenser-
22 air fans, evaporative-condenser cooling heater pumps, purge, and
23 the component control circuit.
24 Table 8
25 Minimum COP for Electrically Driven Heating, Ventilating
26 and Air Conditioning System Components
27 Component Condensing means Air Water Evaporation
28 EER COP EER COP EER COP
20060S1349B2136 - 27 -
1 Self-contained Centrifugal 7.5 2.2 12.9 3.8
2 water chillers
3 Positive
4 displacement 7.2 2.1 10.9 3.2
5 Condenserless Positive
6 water chillers displacement 8.9 2.6 10.9 3.2
7 Compressor and
8 condenser units Positive
9 65,000 Btu/hr. displacement 7.8 2.3 11.3 3.3 11.3 3.3
10 (19,050 watts)
11 and over
12 (e) Heat pumps.--Heat pumps whose energy input is entirely
13 electric shall show a coefficient of performance (COP), heating,
14 not less than the values specified in Table 9.
15 Table 9
16 Minimum COP for Heat Pumps, Heating Mode
17 Source and outdoor temperature (degree F.) Minimum COP
18 Air source--47 DB/43 WB 2.2
19 Air source--17 DB/15 WB 1.2
20 Water source--60 entering 2.2
21 (f) Supplementary heater.--The heat pump shall be installed
22 with a control to prevent supplementary heater operation when
23 the heating load can be met by the heat pump alone.
24 Supplementary heater operation is permitted during transient
25 periods, such as start-ups, following room thermostat setpoint
26 advance, and during defrost. A two-stage room thermostat, which
27 controls the supplementary heat on its second stage, shall be
28 accepted as meeting this requirement. The cut-on temperature for
29 the compression heating shall be higher than the cut-on
20060S1349B2136 - 28 -
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 oil-fired
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,
20060S1349B2136 - 29 -
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.--
20060S1349B2136 - 30 -
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
20060S1349B2136 - 31 -
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 4. Section 224 of the act, amended July 10, 1981
7 (P.L.231, No.75) and repealed November 10, 1999 (P.L.491,
8 No.45), is reenacted to read:
9 Section 224. Steam and hot water heating systems.
10 (a) Combustion heating equipment.--All gas and oil-fired
11 comfort heating equipment shall show a minimum combustion
12 efficiency of 75% at maximum rated output. Combustion efficiency
13 shall be determined in accordance with ASHRAE 90.
14 (b) Piping insulation.--All piping serving as part of a
15 heating or cooling system installed to serve buildings and
16 within buildings shall be thermally insulated as shown in Table
17 10.
18 Table 10
19 Minimum Pipe Insulation
20
21 Insulation thickness in inches
22 Fluid for pipe sizes
23 Piping temperature
24 system range, Runouts 1" and 1 1/4- 2 1/2- 5& 8" and
25 types F. up to 2" less 2 4 6 larger
26 Heating systems
27 Steam &
28 hot water
29 High pressure/
30 temp 306-450 1 1/2 1 1/2 2 2 1/2 3 1/2 3 1/2
20060S1349B2136 - 32 -
1 Med. pressure/
2 temp 251-305 1 1/2 1 1/2 2 2 1/2 3 3
3 Low pressure/
4 temp 201-250 1 1 1 1/2 1 1/2 2 2
5 Low tem-
6 perature 120-200 1/2 3/4 1 1 1 1 1/2
7 Steam con-
8 densate Any 1 1 1 1 1/2 1 1/2 2
9 (for feed
10 water)
11 Cooling systems
12 Chilled
13 water, 40-55 1/2 1/2 3/4 1 1 1
14 Refrigerant,
15 or brine Below 40 1 1 1 1/2 1 1/2 1 1/2 1 1/2
16 Insulation thicknesses are based on insulation having thermal
17 resistances in the range of 4.0 to 4.6 per inch of thickness on
18 a flat surface at a mean temperature of 75 degrees F. Minimum
19 insulation thickness shall be increased for materials having R
20 values less than 4.0 or may be reduced for materials having R
21 values greater than 4.6 per inch of thickness as follows:
22 (c) High thermal resistance.--For materials with thermal
23 resistance greater than R=4.6, the minimum insulation thickness
24 may be reduced as follows:
25 4.6 x Table 10 Thickness = New Minimum Thickness
26 Actual R
27 (d) Low thermal resistance.--For materials with thermal
28 resistance less than R=4.0 the minimum insulation thickness
29 shall be increased as follows:
30 4.0 x Table 10 Thickness = New Minimum Thickness
20060S1349B2136 - 33 -
1 Actual R
2 Piping insulation, except when needed to prevent condensation,
3 is not required in any of the following cases:
4 (1) Piping installed within heating, ventilating and air
5 conditioning equipment.
6 (2) Piping at temperatures between 55 degrees F. and 120
7 degrees F.
8 (3) When the heat loss or heat gain of the piping,
9 without insulation, does not increase the energy requirements
10 of the building.
11 (4) Piping installed in basements or cellars in one and
12 two-family dwellings.
13 (e) Vapor barriers.--Where required to prevent condensation,
14 insulation with vapor barriers shall be installed in addition to
15 insulation required above.
16 Section 5. Subchapters F, G, H, I and J of Chapter 2,
17 heading of Chapter 3 and section 301 of the act, repealed
18 November 10, 1999 (P.L.491, No.45), are reenacted to read:
19 SUBCHAPTER F
20 PLUMBING SYSTEMS
21 Section 225. Purpose.
22 This subchapter sets forth provisions for design and
23 equipment selection for energy conservation in service water
24 heating systems.
25 Section 226. Fixtures.
26 (a) Lavatories.--Lavatories in restrooms of public
27 facilities shall be equipped with self-closing outlet devices
28 which limit the flow of hot water to a maximum of 0.5 Gpm,
29 devices which limit the outlet temperature to a maximum of 110
30 degrees F. and self-closing valves which limit the quantity of
20060S1349B2136 - 34 -
1 hot water to a maximum of 0.25 gallon.
2 (b) Showers.--Showers used for other than safety reasons
3 shall be equipped with flow control devices to limit total flow
4 to a maximum of 3 Gpm per shower head.
5 Section 227. Insulation.
6 (a) Piping insulation.--Piping in required return
7 circulation systems shall be insulated so that heat loss is
8 limited to a maximum of 25 Btuh per square foot of external pipe
9 surface for above ground piping and a maximum of 35 Btuh per
10 square foot of external pipe surface for underground piping.
11 Maximum heat loss shall be determined at a temperature
12 differential equal to the maximum water temperature minus a
13 design ambient temperature no higher than 65 degrees F. except
14 that conformance with table 10 for "low temperature piping
15 system" shall be deemed as complying with this section.
16 (b) Tanks.--Unfired hot water storage tanks shall be
17 insulated so that heat loss is limited to a maximum of 15 Btuh
18 per square foot of external tank surface area. For purposes of
19 determining this heat loss, the design ambient temperature shall
20 be no higher than 65 degrees F.
21 Section 228. Equipment.
22 (a) Pump operation.--Circulating hot water systems shall be
23 arranged so that the circulating pump can be conveniently turned
24 off either automatically or manually when the hot water system
25 is not in operation.
26 (b) Electric water heaters.--All automatic electric storage
27 water heaters shall have a stand-by loss not exceeding 4 watts
28 per square foot of tank surface area. The method of test of
29 stand-by loss shall be as described in section 4.3.1 of ANSI
30 C72.1 Household Automatic Electrical Storage-Type Water Heaters.
20060S1349B2136 - 35 -
1 (c) Gas and oil-fired water heaters.--All gas and oil-fired
2 automatic storage heaters shall have a recovery efficiency, ER,
3 not less than 75% and a stand-by loss percentage S, not
4 exceeding S=2.3+67/V where V=rated volume in gallons. The method
5 of test of ER and S shall be as described in section 2.7 of ANSI
6 Z21.10.3 Circulating Tank, Instantaneous and Large Automatic
7 Storage Type Water Heaters, Approval Requirements for Gas Water
8 Heaters.
9 Section 229. Controls.
10 (a) Temperature controls.--All hot water supply systems
11 shall be equipped with automatic temperature controls capable of
12 adjustments from the lowest to the highest acceptable
13 temperature settings for the intended use.
14 (b) Shut down.--A separate switch shall be provided to
15 terminate the energy supplied to electric hot water supply
16 systems. A separate valve shall be provided to turn off the
17 energy supplied to the main burner of all other types of hot
18 water supply systems.
19 SUBCHAPTER G
20 ELECTRICAL SYSTEMS
21 Section 230. System requirements.
22 (a) Service voltage.--Where a choice of service voltage is
23 available, the voltage resulting in the least energy loss shall
24 be used.
25 (b) 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 (c) Lighting switching.--Switching shall be provided for
30 each lighting circuit, or for portions of each circuit, so that
20060S1349B2136 - 36 -
1 the partial lighting required for custodial or for effective
2 complementary use with natural lighting may be operated
3 selectively.
4 (d) Separate metering.--In all multi-family dwellings,
5 including buildings classified as Use Group R-3, provisions
6 shall be made to determine the electrical energy consumed by
7 each tenant.
8 SUBCHAPTER H
9 LIGHTING
10 Section 231. Lighting power budget.
11 A lighting power budget is the upper limit of the power to be
12 available to provide the lighting needs in accordance with a
13 given set of criteria and given calculation procedure.
14 Section 232. Calculation methods.
15 The criteria specified below shall be utilized for
16 computation of the lighting power budget. All calculations shall
17 be in accordance with accepted engineering practice. When
18 insufficient information is known about the specific use of the
19 building space (e.g., number of occupants, space function,
20 location of partitions), the budget shall be based on the
21 apparent intended use of the building space.
22 Section 233. Building interiors.
23 (a) Procedure.--The allowable electric power for lighting
24 shall be established by using the criteria and the calculation
25 procedures specified in section 236. The value shall be based on
26 the use for which the space within the building is intended and
27 on efficient energy utilization.
28 (b) Illumination level criteria.--For the purpose of
29 establishing a budget, levels of illumination shall be those
30 listed in fig. 9-80 of the IES Lighting Handbook, and those
20060S1349B2136 - 37 -
1 levels shall be used as follows:
2 (1) For task lighting, the levels of illumination listed
3 are for specific tasks. These levels are for the task areas
4 defined in the IES Lighting Handbook or, where not defined,
5 at all usable portions of task surfaces. In some cases, the
6 levels of illumination are listed for locations (e.g.,
7 auditoriums). These levels are to be considered as average
8 levels.
9 (2) For general lighting, in areas surrounding task
10 locations, the average level of general lighting, for budget
11 purposes only, shall be one-third the level for the tasks
12 performed in the area but in no case less than 20-foot
13 candles. Where more than one task level occurs in a space,
14 the general level shall be one-third the weighted average of
15 the specific task levels.
16 (3) For noncritical lighting, in circulation and seating
17 areas, where no specific visual tasks occur, the average
18 level of illumination shall be one-third of the average
19 general lighting in the adjacent task spaces but in no case
20 less than ten-foot candles.
21 (4) For the purpose of establishing a power budget, only
22 lamp efficacies and coefficients of utilization (CU)
23 specified in Table 11, shall be assumed.
24 Section 234. Building exteriors.
25 (a) Basis on use.--In exterior spaces, the lighting power
26 budget shall be based on the use of which the space is intended
27 (for task performance, safety, or security) and on efficient
28 energy utilization.
29 (b) Criteria.--The same criteria as those for interior
30 spaces apply for illumination levels and lighting systems with
20060S1349B2136 - 38 -
1 the addition of luminaires for floodlighting. For power budget
2 purposes floodlighting shall be selected with luminaires having
3 a greater percentage of their beam lumens restricted to the area
4 to be lighted. Such luminaires are defined as those with at
5 least the minimum efficiencies listed in the IES Lighting
6 Handbook.
7 (c) Facade lighting.--Facade lighting for budget purposes
8 shall be no greater than 2% of the total interior load of the
9 building.
10 (d) Calculation procedure.--In establishing a lighting power
11 budget the following procedures shall be used:
12 (1) For overhead lighting the procedure specified in
13 section 236 shall be followed, but using reflectances as
14 found.
15 (2) For floodlighting the beam lumen method, as shown in
16 the IES Lighting Handbook and a coefficient of beam
17 utilization (CBU) of 0.75 shall be used for floodlighting
18 calculations.
19 Section 235. Exceptions to criteria.
20 (a) Spaces.--The criteria of section 233 shall not apply to
21 the following areas when calculating the load:
22 (1) Portions of residential occupancies except for
23 kitchens, bathrooms, and laundry areas and public spaces
24 including lobbies, halls, stairways, basement areas and
25 utility rooms.
26 (2) Residential type spaces similar to those stated in
27 paragraph (1) in institutions, such as hospitals, hotels,
28 funeral homes, churches, museums, etc.
29 (3) Theater auditoriums, entertainment and audiovisual
30 presentations where the lighting is an essential technical
20060S1349B2136 - 39 -
1 element for the function performed.
2 (b) Luminaires.--The criteria of section 234 shall not apply
3 to the following lamps and luminaires; however, their use shall
4 be accounted for in the calculation of task lighting loads for
5 specific tasks. The allowable load shall be based on the
6 luminaire wattage to achieve the levels of illumination as
7 covered in section 233 using a point calculation method given in
8 the IES Lighting Handbook. The excepted lamps and luminaires are
9 as follows:
10 (1) Luminaires for medical and dental purposes.
11 (2) Luminaires for highlighting applications, such as
12 sculpture exhibits, art exhibits, and individual items of
13 display merchandise.
14 (3) Luminaires for specialized lighting applications
15 (color matching, where electrical interference cannot be
16 tolerated, etc.).
17 (c) Control of reflectances.--The criteria of Table 11 shall
18 not apply in spaces where it is impractical to control
19 reflectances and where a dirty atmosphere cannot be avoided.
20 Where this condition exists, the values for reflectances and
21 light loss factors shall be those expected to be found and shall
22 be approved by the department. The calculation shall make a note
23 of this deviation.
24 Section 236. Calculation procedure.
25 To establish a lighting power budget the following procedures
26 shall be used:
27 (a) To determine illumination levels and areas:
28 (1) Determine the visual tasks that are expected to be
29 performed in each space and the number of planned work
30 locations where tasks will be performed. If assumptions are
20060S1349B2136 - 40 -
1 made, their bases shall be indicated.
2 (2) Select the illumination level, in foot-candles for
3 those expected tasks in accordance with section 233(b)(1).
4 (3) Calculate total task areas to be illuminated to the
5 same level by multiplying the number of work locations by 50
6 square feet per work location. Use actual task area if
7 greater than 50 square feet. If the sum of all task areas is
8 greater than 50% of the total space area, then the task area
9 per work location shall be reduced proportionately, so that
10 the total task area is limited to one-half the total space
11 area. If 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) To determine lighting system data:
22 (1) Determine light source and luminaire types to use.
23 (2) Determine lamp lumens per watt and luminaire
24 coefficients of utilization for room and luminaire mounting
25 height dimensions. Luminaire CUs shall be selected from the
26 IES Lighting Handbook. In all cases, no luminaire shall have
27 a CU for RCR = 1 of less than that given in Table 11 lamp
28 efficacies for the appropriate space.
29 (c) To determine allowable wattage:
30 (1) Using data from subsection (b), the illumination
20060S1349B2136 - 41 -
1 levels and areas determined in subsection (a), and the
2 criteria of Table 11 on Reflectance, calculate the allowable
3 wattages using the lumen method.
4 (2) Calculate the total space wattage by adding the
5 task, general and noncritical lighting loads.
6 (3) Add the wattage of luminaires allowed in section
7 235(b).
8 Table 11
9 (a) Lamp efficacies.--The following are initial lumen output
10 per watt input, including ballast losses:
11 Application Lumens
12 per Watt
13 Where moderate color rendition is appropriate 55
14 Where good color rendition is appropriate 40
15 Where high color rendition is appropriate,
16 spaces are less than 50 square feet or where
17 use of low wattage High Intensity Discharge
18 (HID) lamps under 250 W or fluorescent
19 lamps under 40 W is appropriate. 25
20 (b) Luminaire coefficients of utilization (CU).--
21 Coefficients of utilization (CUs) are to be for luminaires for
22 use in the types of spaces listed below, and those luminaires
23 shall have a CU of no less than that listed below (for each type
24 space) for a Room Cavity Ratio (RCR) of 1 and reflectances as in
25 (c).
26 Space Use Minimum CU
27 (at RCR = 1)
28 For spaces with tasks subjected to veiling
29 reflections, where recommended levels of
30 illumination are listed in terms of
20060S1349B2136 - 42 -
1 equivalent sphere illumination (ESI), and
2 where visual comfort is important. 0.55
3 For spaces without tasks, or with tasks
4 not subjected to veiling reflections, but
5 where visual comfort is important. 0.63
6 For spaces without tasks and where visual
7 comfort is not a criterion. 0.70
8 (c) Other criteria:
9 (1) Reflectances. For interior spaces, the following
10 initial cavity and surface reflectances shall be assumed:
11 Ceiling cavity reflectance 80%
12 Wall reflectance 50%
13 Floor cavity reflectance 20%
14 (2) Light loss factor. A light loss factor (LLF) of 0.70
15 shall be used.
16 SUBCHAPTER I
17 ALTERNATIVE SYSTEMS
18 Section 237. Performance alternative.
19 Alternative building systems and equipment design may be
20 approved by the department when they can be shown to have energy
21 consumption not greater than that of a similar building with
22 similar forms of energy requirements, designed in accordance
23 with the provisions of this act or when they can be shown to
24 have energy consumption not greater than that which shall be
25 established by the department with the approval of the Building
26 Energy Conservation Committee, for the purposes of this section:
27 Provided, however, That for all buildings classified as Use
28 Group R-3 alternate building systems and equipment design which
29 satisfy the criteria of this section shall not require the
30 approval of the department but the use of such an alternate
20060S1349B2136 - 43 -
1 building system or equipment design shall be indicated in the
2 warranty provided in section 306.
3 Section 238. Nondepletable sources; exemption.
4 When such alternative systems utilize solar, geothermal, wind
5 or other nondepletable energy sources for all or part of their
6 energy sources, such nondepletable energy supplied to the
7 building shall be excluded from the total energy chargeable to
8 the proposed alternative design. Any structure that is designed
9 and built free of any dependence on depletable energy sources
10 shall be exempt from the provisions of section 239 and any other
11 provisions of this act.
12 Section 239. Documentation.
13 Proposed alternative designs, submitted to the department as
14 requests for exception to the standard design criteria, must be
15 accompanied by an energy analysis prepared in accordance with
16 the ASHRAE Standard 90-75.
17 SUBCHAPTER J
18 USE GROUP R-3 PRESCRIPTIVE STANDARDS
19 Section 240. Minimum insulation requirements for Use Group R-3.
20 Except as provided in section 237, Use Group R-3 buildings
21 shall be constructed utilizing the following minimum insulation
22 standards:
23 Ceilings R - 19
24 Exterior Walls R - 13
25 Floors Over Unheated Basements
26 and Crawl Spaces* R - 11
27 *Basements containing a furnace
28 and/or hot water heater may be
29 considered heated
30 Edge Insulation for:
20060S1349B2136 - 44 -
1 Heated Slabs R - 6.3
2 Unheated Slabs R - 4.2
3 Windows Multiglazing
4 Entrance Doors R - 2.5
5 Sliding Glass Doors (if applicable) Multiglazing
6 Ducts in Unheated Areas R - 3
7 CHAPTER 3
8 APPLICATION OF STANDARDS: ESTABLISHMENT
9 OF COMMITTEE AND PENALTIES
10 Section 301. Modification of standards; criteria.
11 (a) Recommendations to General Assembly.--The department,
12 with the approval of the Building Energy Conservation Committee
13 established pursuant to section 304, after one or more public
14 hearings, may recommend to the General Assembly modifications to
15 the energy conservation standards contained in Chapter 2 hereof.
16 Any recommended modification to the energy conservation
17 standards shall meet the following criteria:
18 (1) It shall be consistent with the latest and most
19 effective technology.
20 (2) It shall not be in conflict with existing safeguards
21 for public health and safety.
22 (3) It shall be economically feasible as determined by
23 life-cycle-cost procedures.
24 (4) It shall be sufficiently stringent to effect a
25 significant savings of energy resources.
26 (5) It shall be a performance standard for the design of
27 buildings and systems within buildings to assure maximum
28 practical conservation of energy.
29 (6) Consideration shall be given to building and energy
30 standards promulgated by national and other State
20060S1349B2136 - 45 -
1 governmental agencies, private organizations and any other
2 available energy data.
3 (b) Federal performance standards.--In the event that the
4 Federal Government promulgates performance standards that are
5 inconsistent or more stringent than the standards detailed in
6 this act, and the Federal Government mandates the states to
7 enact legislation to comply with its standards, then the
8 department, with the approval of the Building Energy
9 Conservation Committee, may modify the energy conservation
10 standards contained in this bill without the approval of the
11 General Assembly, in order to comply with the Federal standards.
12 Section 6. Section 302 of the act, amended May 9, 1986
13 (P.L.181, No.55) and repealed November 10, 1999 (P.L.491,
14 No.45), is reenacted and amended to read:
15 Section 302. Application of energy conservation standards.
16 The energy conservation standards contained herein or as
17 promulgated by the department with the approval of the Building
18 Energy Conservation Committee shall apply to new buildings or to
19 renovations or additions on which actual construction and/or
20 design has not commenced prior to their effective dates. Except
21 for the authority of the Department of Community [Affairs] and
22 Economic Development to promulgate rules or regulations for all
23 units subject to the act of May 11, 1972 (P.L.286, No.70), known
24 as the "Industrialized Housing Act," provided such standards
25 invoked are equal to or more stringent than those contained in
26 this act, or as mandated by Federal law, no public utility as
27 defined in 66 Pa.C.S. § 102 (relating to definitions),
28 department, board, agency or commission other than as provided
29 herein, shall promulgate or adopt any mandatory building energy
30 conservation standards, rules or regulations other than the
20060S1349B2136 - 46 -
1 standards contained in Chapter 2, Subchapters D through J or
2 promulgated under Chapter 4 of this act except as mandated by
3 Federal law.
4 Section 7. Sections 303 and 304 of the act, repealed
5 November 12, 1999 (P.L.491, No.45), are reenacted to read:
6 Section 303. Energy conservation manual for buildings.
7 (a) Production of manual.--Concurrent with the adoption of
8 the energy conservation codes required by this act, the
9 department in conjunction with the Governor's Energy Council
10 shall produce an energy conservation manual for use by
11 designers, builders, contractors of residential and
12 nonresidential buildings, and municipalities of the
13 Commonwealth. This manual shall contain the established
14 standards and accepted practices. The manual shall further
15 contain prescriptive standards which, if complied with, will
16 result in conformance with the performance standards contained
17 herein or as promulgated by the department and shall be written
18 in such manner as to be easily understood by persons possessing
19 a minimal technical background. The manual shall be furnished
20 upon request to members of the public at a price sufficient to
21 cover the cost of printing.
22 (b) Review of manual.--The manual shall be reviewed by the
23 department and the Building Energy Conservation Committee at
24 least annually and shall be updated as significant new energy
25 conservation information becomes available.
26 (c) Educational programs.--The department in conjunction
27 with the Governor's Energy Council shall provide seminars and
28 other educational programs throughout the Commonwealth to
29 provide information and counseling to builders, architects,
30 other licensed design professionals, local building officials
20060S1349B2136 - 47 -
1 and other persons affected by this act on the standards
2 contained herein or as promulgated by the department.
3 Section 304. Building Energy Conservation Committee.
4 (a) Composition of committee.--In order to further the
5 coordinated and effective administration of this act, there is
6 hereby established within the Governor's Energy Council a
7 Building Energy Conservation Committee. It shall consist of
8 twelve members, the membership of which shall be appointed by
9 the Governor. The committee shall consist of the following
10 members or their designees:
11 (1) Two representatives of State Government.
12 (2) One representative of local government.
13 (3) One licensed professional engineer.
14 (4) Two building contractors, one residential and one
15 industrial.
16 (5) One licensed architect.
17 (6) One representative of the energy supply industry.
18 (7) Four representatives of such other agencies and
19 organizations or individuals as the Governor may find are
20 necessary and proper to carry out the purposes of the
21 committee.
22 (b) Powers and duties.--In addition to the powers and duties
23 enumerated in this act, the Building Energy Conservation
24 Committee shall:
25 (1) Be responsible for the regular exchange of
26 information and plans regarding building energy conservation,
27 for the development, review and approval of proposed and
28 existing standards, guidelines, regulations and manuals.
29 (2) Elect from its members a Board on Variances.
30 (c) Expenses.--The members of the committee shall not
20060S1349B2136 - 48 -
1 receive any compensation for their services but shall be
2 reimbursed for their actual and necessary expenses incurred in
3 the performance of their duties. Provided, however, when acting
4 on matters concerning variances members of the Board on
5 Variances shall receive $50 per day plus their actual and
6 necessary expenses.
7 Section 8. Section 305 of the act, amended December 19, 1985
8 (P.L.344, No.98) and repealed November 10, 1999 (P.L.491,
9 No.45), is reenacted to read:
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 that, in his
17 professional opinion and in accordance with the accepted
18 standards of his profession, the drawings, specifications and
19 other data will achieve compliance with the provisions of this
20 act. If no licensed design professional is retained in
21 connection with the design or construction of a building, then
22 this certification shall be made by the builder or the owner, if
23 he is the builder. All such information required in this
24 provision to be submitted to the department must be accompanied
25 by a filing fee of $10. The filing fee may be subject to change
26 by the Building Energy Conservation Committee upon the
27 recommendation of the department to the Building Energy
28 Conservation Committee, provided, however, that advance notice
29 of such change has appeared in the Pennsylvania Bulletin. If the
30 building is subject to the provisions of the act of April 27,
20060S1349B2136 - 49 -
1 1927 (P.L.465, No.299), referred to as the Fire and Panic Act,
2 the certification required hereunder shall be submitted on a
3 form with the application for plan approval under the said Fire
4 and Panic Act.
5 (c) Inspection.--Each licensed design professional retained
6 by the owner or his designee, where any of such are retained
7 during the construction of a building, shall make periodic
8 inspections of the building progression to observe compliance
9 with this act: Provided, That such inspection shall not be
10 construed as a guarantee of satisfactory performance by others
11 or as an assumption of financial liability for unknown defects
12 or deficiencies in the work of others.
13 (d) Final certification.--Each builder retained by the owner
14 or the owner, if he is the builder, shall make a final
15 certification of every completed building stating that such
16 building has been constructed in compliance with the approved
17 drawings and specifications prepared by a licensed design
18 professional or with the provisions of this act.
19 Section 9. Section 306 of the act, amended December 19, 1985
20 (P.L.344, No.98) and repealed November 10, 1999 (P.L.491,
21 No.45), is reenacted and amended to read:
22 Section 306. Use Group R-3; notice; warranty.
23 (a) Notice to department.--Prior to construction of any
24 building classified as Use Group R-3, the builder shall notify
25 the department by first class mail of his intent to begin
26 construction. Such notice shall include a filing fee of $10 and
27 contain the name of the owner of the building and its location.
28 The filing fee may be subject to change by the Building Energy
29 Conservation Committee, upon the recommendation of the
30 department to the Building Energy Conservation Committee,
20060S1349B2136 - 50 -
1 provided, however, that advance notice of such change has
2 appeared in the Pennsylvania Bulletin.
3 (a.1) Restricted account.--All filing fees shall be
4 deposited in a restricted account in the State Treasury to be
5 known as the Building Energy Conservation Account. All fees
6 collected for the purpose of this act shall be deposited in this
7 account and the department shall draw from the account
8 sufficient funds to cover the administrative and enforcement
9 costs of operating the program. The funds in the account are
10 hereby appropriated to the department to carry out this act and
11 shall not lapse at the end of any fiscal year. The balance of
12 funds remaining in any existing Building Energy Conservation
13 Account and held by the department on the effective date of this
14 act is hereby transferred to the special Building Energy
15 Conservation Account established pursuant to this subsection.
16 (a.2) Notice to public utilities and utility providers.--
17 (1) Prior to construction and except as provided in
18 paragraph (5), the builder shall also provide a copy of the
19 notice of intent to begin construction required by subsection
20 (a) and certified as received by the department to all public
21 utilities or utility providers which may be requested to
22 furnish any electric service to or for buildings classified
23 as Use Group R-3 which are constructed after the effective
24 date of this subsection.
25 (2) All public utilities and utility providers shall
26 rely on the certified copy of the required notice in
27 furnishing, rendering or supplying any electric service to or
28 for a building classified as Use Group R-3, except as
29 provided in paragraph (5), and no public utility or utility
30 provider shall conduct any audit, inspection or examination
20060S1349B2136 - 51 -
1 of the building for the purpose of determining compliance
2 with this act. The furnishing, rendering or supplying of
3 electric service by a public utility or utility provider to
4 or for a building classified as Use Group R-3 shall not
5 constitute a certification or determination by the public
6 utility or utility provider that the building has been
7 constructed in compliance with this act.
8 (3) Except as provided in paragraph (5), no public
9 utility or utility provider shall furnish any electric
10 service to or for any building classified as Use Group R-3
11 which is constructed after the effective date of this
12 subsection unless it has first received the required copy of
13 the notice of intent to begin construction which has been
14 certified as received by the department.
15 (4) Each public utility or utility provider shall be
16 required to retain the certified copy of the notice of intent
17 to begin construction which is submitted to it for at least
18 two years: Provided, however, That if a utility or utility
19 provider uses data processing equipment to record and
20 maintain information derived from the certified copy of the
21 notice of intent to begin construction, such utility or
22 utility provider shall not be required to retain the
23 certified copy of the notice or a photocopy thereof.
24 (5) (i) Each public utility or utility provider shall
25 be exempt from the provisions of paragraphs (1) through
26 (4) when any electric service is requested for a building
27 classified as Use Group R-3 which is located in a
28 municipality which has elected to administer this act in
29 accordance with sections 501 and 502 and which requires
30 that a notice of intent to begin construction be filed
20060S1349B2136 - 52 -
1 with the municipality prior to or at the time that
2 application is made for a building permit.
3 (ii) Each public utility or utility provider shall
4 be exempt from the provisions of paragraphs (1) through
5 (4) in situations where, in the public utility's or
6 utility provider's judgment, strict compliance may
7 jeopardize the public health or safety or impose an undue
8 hardship. In such event, the public utility or utility
9 provider shall notify the department or the administering
10 municipality, in writing, on forms prescribed by the
11 department, of the exemption.
12 (6) If a builder fails to file the required notice with
13 the department or the administering municipality within 30
14 days of receiving an exemption under paragraph (5), the
15 department or the administering municipality shall serve
16 written notice on the builder that he is in violation of this
17 act and subject to a penalty as provided for in subsection
18 (d).
19 (b) Warranty.--At the time a contract for the construction
20 of any building classified as Use Group R-3 is entered into, the
21 builder shall warrant to the owner in writing that the building
22 shall be constructed in accordance with the provisions of this
23 act. Such warranty shall be a document separate from the
24 contract and shall be in the following form:
25 I, (Builder), hereby warrant to (Owner) that the premises
26 known as (Description) shall be constructed in accordance
27 with the provisions of the Act of December 15, 1980 (No.222),
28 known as the "Building Energy Conservation Act."
29 This law provides building standards to make your home
30 energy efficient and also provides you with legal remedies if
20060S1349B2136 - 53 -
1 your home is not built according to the State standards. If
2 you would like the State to do an energy audit of your home
3 to determine if it conforms to State standards, you may call
4 the Pennsylvania Department of Community [Affairs] and
5 Economic Development at (Telephone), and they will perform an
6 inspection of your home for a fee of $35.
7 Indicate if alternate building system or equipment design
8 is being employed.
9 (c) If the builder is also the owner of the building at the
10 time of construction, he shall provide the warranty required by
11 subsection (b) at the time of its initial sale to a new owner.
12 Such warranty shall be in substantially the same form as
13 provided in subsection (b).
14 (d) Failure to provide notice.--The Department of Community
15 [Affairs] and Economic Development, after hearing, may assess a
16 civil penalty payable to the Commonwealth of Pennsylvania not to
17 exceed $100 for a first offense upon any builder who fails to
18 give the notice required by subsection (a). In determining the
19 amount of the civil penalty for a first offense, the department
20 shall consider the willfulness of the violation and the cost
21 incurred by the department in discovering the violation. In the
22 event a builder fails to give the notice required by subsection
23 (a) on a second or subsequent occasion, the department shall
24 assess upon the builder a civil penalty payable to the
25 Commonwealth of Pennsylvania of $200.
26 (e) Failure to provide warranty.--Whenever a builder fails
27 to provide the warranty required by subsection (b) or (c) such
28 required warranty shall constitute an implied warranty and the
29 owner's right to proceed under section 315(a) shall not be
30 affected. If it is established by a preponderance of the
20060S1349B2136 - 54 -
1 evidence that the builder's failure to provide the warranty was
2 willful, then damages in twice the amount provided in section
3 315 may be awarded.
4 Section 10. Sections 307, 308, 309, 310 and 311 of the act,
5 repealed November 10, 1999 (P.L.491, No.45), are reenacted to
6 read:
7 Section 307. Variances.
8 (a) Requests.--Any request for a variance from the energy
9 conservation standards contained herein shall be made to the
10 Board on Variances of the Building Energy Conservation Committee
11 and a decision on such request shall be made within 30 days of
12 its filing.
13 (b) Criteria.--A variance shall be granted only if it is
14 found that:
15 (1) compliance with the provisions of this act would
16 result in extreme hardship to the owner; and
17 (2) the granting of such variance would not result in a
18 significant increase in the energy usage of the building.
19 Section 308. Building permits.
20 Any building permit issued by the Commonwealth or any of its
21 political subdivisions shall have printed upon its face notice
22 that the provisions of this act must be complied with.
23 Section 309. Permits for use or occupancy.
24 Before any building or structure hereafter constructed, other
25 than a building not subject to this act, or those classified as
26 Use Group R-3, shall be used or opened for occupancy, the owner
27 thereof shall notify the department of the completion of the
28 building for the purposes of this act and submit the necessary
29 certification therewith: Provided, however, That if a
30 municipality elects to administer the provisions of this act
20060S1349B2136 - 55 -
1 under Chapter 5 such notice and certification shall be submitted
2 to the municipality which shall forward a copy of the notice to
3 the department. No permit for use or occupancy shall be granted
4 until such submission has been made. No building official of the
5 Commonwealth or any of its political subdivisions shall issue a
6 permit until he has received proof of such compliance. Where the
7 certificate has been submitted to the department, presentation
8 to the building official of the mailing receipt together with a
9 copy of the certification required by section 305 shall
10 establish proof of compliance for the purposes of this section.
11 Upon such presentation any building official of the Commonwealth
12 or any of its political subdivisions shall issue a permit for
13 use or occupancy, provided all other criteria for such a permit
14 have been satisfied and said building official shall notify the
15 department that he has issued the same.
16 Section 310. Failure to submit certification.
17 Whenever the owner of any building, other than a building
18 classified as Use Group R-3, shall fail to give the notice and
19 submit the necessary certification in accordance with section
20 309 and shall nevertheless proceed with the use or occupancy of
21 the building, the department or the municipality shall serve
22 notice on the said owner that he is in violation of this act and
23 order him to comply therewith.
24 Section 311. Inspections.
25 The department may perform a nondestructive inspection within
26 two years of the date of completion of construction of any
27 building constructed after the effective date of this act to
28 determine compliance with the provisions of this act, provided
29 at least 30 days notice has been given to the owner. The costs
30 of any such inspection initiated by the department shall not be
20060S1349B2136 - 56 -
1 assessed on the owner. The department may also cause such an
2 inspection to be performed at the request of the owner of any
3 building subject to this act. The fee for such an inspection
4 upon request under section 306(b) for R-3 buildings is $35. The
5 fee for inspections performed upon request for all other
6 buildings subject to this act shall be determined by the
7 department at such an amount as to cover the necessary costs of
8 the inspection.
9 Section 11. Section 313 of the act, amended December 19,
10 1985 (P.L.344, No.98) and repealed November 10, 1999 (P.L.491,
11 No.45), is reenacted to read:
12 Section 313. Penalties.
13 (a) Applicability.--The provisions of this section shall
14 apply to all buildings subject to this act except those
15 classified as Use Group R-3.
16 (b) Violations of act.--Any person who shall willfully or
17 negligently violate any of the provisions of this act, or the
18 rules and regulations or the orders for the enforcement of the
19 said provisions or rules and regulations issued by duly
20 authorized officers of the department or who shall hinder, delay
21 or interfere with any officer charged with the enforcement of
22 this act in the performance of his duty, shall, upon conviction
23 thereof, be punished by a fine of $300 and costs. In the event
24 of violation of more than one provision of this act, the
25 violation of each provision shall be deemed a separate and
26 distinct offense for the purposes of this section.
27 (c) Institution of proceedings.--Prosecutions for violations
28 of this act or the rules and regulations of the department may
29 be instituted by the Secretary of Labor and Industry or under
30 his directions by an authorized representative of the
20060S1349B2136 - 57 -
1 department. Upon conviction after a hearing in a court of
2 competent jurisdiction, the sentences provided in this act shall
3 be imposed and shall be final unless an appeal be taken in the
4 manner prescribed by law.
5 (d) Disposition of fines.--All fines collected under this
6 act shall be forwarded to the department who shall pay the same
7 into the State Treasury for the use of the Commonwealth.
8 (e) False certification.--Any architect or other licensed
9 design professional who willfully provides a false certification
10 for any building subject to the provisions of this act shall be
11 subject to the suspension or revocation of his license by the
12 State Board of Examiners of Architects or other applicable State
13 licensing board.
14 Section 12. Sections 314 and 315, Chapter 4, Chapter 5
15 heading and sections 501, 502 and 503 of the act, repealed
16 November 10, 1999 (P.L.491, No.45), are reenacted to read:
17 Section 314. Enforcement.
18 (a) Applicability.--The provisions of this act shall apply
19 to every building enumerated in this act, including buildings
20 owned in whole or in part by the Commonwealth or any political
21 subdivision thereof, and with the exception of those buildings
22 not included in this act or those classified as Use Group R-3,
23 shall be enforced by the Secretary of Labor and Industry, by and
24 through his authorized representatives.
25 (b) Powers of officers.--For the purpose of enforcing the
26 provisions of this act, all the officers charged with its
27 enforcement shall have the power to enter any of the buildings
28 enumerated in this act, and no person shall hinder or delay, or
29 interfere with any of the said officers in the performance of
30 his duty, nor refuse any pertinent information necessary to
20060S1349B2136 - 58 -
1 determine whether the provisions of this act and the rules and
2 regulations herein provided for, are or will be complied with.
3 Section 315. Civil action.
4 (a) Use Group R-3.--The owner of any building subject to the
5 requirements of section 306 who is aggrieved as the result of
6 such building not being properly designed or constructed in
7 conformance with this act shall have a right of action for
8 breach of warranty. Remedies may include specific performance or
9 an award of damages in an amount not less than $300. Attorney's
10 fees shall be recoverable in any action in which the owner
11 prevails. Any such award shall further provide for payment of
12 the actual costs in excess of $35 incurred by the department if
13 it inspected the building for the owner and the owner shall
14 remit such amount to the department.
15 (b) Other buildings.--The owner of any building, other than
16 a building not included in this act or those classified as Use
17 Group R-3, at the time of its design or construction under the
18 provisions of this act who is aggrieved as the result of such
19 building not being properly designed or constructed in
20 conformance with the certificate issued under section 305 of
21 this act shall have a right of action against any person who is
22 required to submit such certificate.
23 (c) Limitation of action.--
24 (1) No action brought under subsection (a) shall be
25 maintained unless brought within three years from the date of
26 the warranty.
27 (2) No action brought under subsection (b) shall be
28 maintained unless brought within three years from the date of
29 completion of the building.
30 CHAPTER 4
20060S1349B2136 - 59 -
1 ADOPTION OF FUTURE STANDARDS
2 Section 401. Adoption and promulgation of standards.
3 The department, with the approval of the Building Energy
4 Conservation Committee, shall, after one or more public
5 hearings, adopt and publish energy conservation standards for
6 all buildings covered by this act in accordance with the
7 provisions of the act of July 31, 1968 (P.L.769, No.240), known
8 as the "Commonwealth Documents Law." The purpose of such
9 standards is to reduce wasteful or uneconomic consumption of
10 energy by balancing the cost of energy procurement against the
11 cost of energy-conserving building practices. The energy
12 conservation standards shall meet the following criteria:
13 (1) They shall be consistent with the latest and most
14 effective technology.
15 (2) They shall not be in conflict with existing
16 safeguards for public health and safety.
17 (3) They shall be economically feasible as determined by
18 life-cycle-cost procedures.
19 (4) They shall be sufficiently stringent to effect a
20 significant savings of energy resources.
21 (5) They shall be a performance standard for the design
22 of buildings and systems within buildings to assure maximum
23 practical conservation of energy.
24 (6) Consideration shall be given to building and energy
25 standards promulgated by national and other State
26 governmental agencies, private organizations and any other
27 available energy data.
28 CHAPTER 5
29 LOCAL ELECTION
30 Section 501. Election; Use Group R-3.
20060S1349B2136 - 60 -
1 Any municipality of this Commonwealth may elect to administer
2 the provisions of this act relating to Use Group R-3 buildings,
3 as defined in section 103, except for units subject to the act
4 of May 11, 1972 (P.L.286, No.70), known as the "Industrialized
5 Housing Act" or those units subject to Title VI (Public Law 93-
6 383) referred to as the Federal Mobile Home Construction and
7 Safety Standards Act of 1974. Such election shall be made by
8 resolution of the governing body of such municipality which
9 shall be in substantially the following form:
10 The (city, borough, town, or township) of____________________
11 hereby elects to administer the provisions of the act
12 of December 15, 1980 (No.222), known as the "Building
13 Energy Conservation Act" for Use Group R-3 buildings as defined
14 therein.
15 Section 502. Election; cities of the first, second and second
16 class A.
17 Any city of the first class, second class and second class A
18 may elect to administer the provisions of this act for all
19 buildings subject hereto, except for units subject to the act of
20 May 11, 1972 (P.L.286, No.70), known as the "Industrialized
21 Housing Act" or those units subject to Title VI (Public Law 93-
22 383) referred to as the Federal Mobile Home Construction and
23 Safety Standards Act of 1974. Such election shall be made by
24 resolution of the governing body of such city which shall be in
25 substantially the following form:
26 The city of________________hereby elects to administer the
27 provisions of the act of December 15, 1980 (No.222), known as
28 the "Building Energy Conservation Act."
29 Section 503. Powers of municipalities.
30 Any municipality electing to administer the provisions of
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1 this act under section 501 or 502 shall exercise the same powers
2 conferred upon the department by this act, including the power
3 to institute proceedings for violations of the act, with the
4 exception of those powers specified in sections 301, 303 and in
5 Chapter 4. In addition, any such municipality may exercise such
6 other administrative and enforcement procedures as it shall deem
7 necessary to effect the purposes of this act including, but not
8 limited to, prior plan approval, building permit requirements,
9 use or occupancy permit requirements and inspections during the
10 course of construction.
11 Section 13. Section 504 of the act, amended December 19,
12 1985 (P.L.344, No.98) and repealed November 10, 1999 (P.L.491,
13 No.45), is reenacted to read:
14 Section 504. Variances.
15 Any municipality electing to administer the provisions of
16 this act under section 501 or 502 shall establish a Board on
17 Variances to make determinations on request for variance from
18 the energy conservation standards contained herein or as
19 promulgated by the department with the approval of the Building
20 Energy Conservation Committee, and is authorized exclusive
21 jurisdiction to grant such variances, section 307(a)
22 notwithstanding. A municipality, however, need not establish a
23 Board on Variances if it has established a zoning hearing board
24 pursuant to the act of July 31, 1968 (P.L.805, No.247), known as
25 the "Pennsylvania Municipalities Planning Code." If the
26 municipality does not establish a Board on Variances, the powers
27 and duties established by this section shall be exercised by
28 such zoning hearing board. A variance shall only be granted if
29 the criteria of section 307(b) have been satisfied.
30 Section 14. Section 505 and Chapter 6 of the act, repealed
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1 November 10, 1999 (P.L.491, No.45), are reenacted to read:
2 Section 505. Disposition of fines and fees.
3 Any fines or fees collected under this act by any
4 municipality electing to administer the provisions of this act
5 under section 501 or 502 shall be retained by the municipality,
6 section 313(d) notwithstanding.
7 CHAPTER 6
8 REPORT TO GENERAL ASSEMBLY
9 Section 601. Report to General Assembly.
10 Thirty months after the effective date of this act, the
11 department shall report to the General Assembly the results of
12 the inspections it has performed under this act together with a
13 report on public compliance with this act. The report shall also
14 document the amount of money that the department received
15 pursuant to this act and the dispensation of these funds. In
16 addition, within 24 months of the effective date of this act,
17 the department shall obtain from every municipality electing to
18 enforce the provisions of this act a report containing
19 information similar to that required of the department under
20 this section. The department shall include such findings in its
21 report to the General Assembly.
22 Section 602. Effective date.
23 This act shall take effect as follows:
24 (1) Chapter 2 shall take effect July 1, 1981 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 January 1, 1981 and
29 its provisions shall remain in full force and effect for a
30 period of 18 months after which time said provisions shall
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1 have no legal effect.
2 (3) Chapter 4 shall take effect July 1, 1982.
3 (4) All other provisions of this act shall take effect
4 January 1, 1981.
5 Section 15. The Secretary of Labor and Industry shall
6 transmit a notice for publication in the Pennsylvania Bulletin
7 when the secretary is satisfied that all of the following have
8 been enacted:
9 (1) The addition of sections 2, 3, 3.1, 3.2, 3.6(a),
10 (b), (c), (d), (e) and (f)(1)(ii) and (iii) and (2), 4, 4.1,
11 4.2, 5, 6, 7, 8, 9, 10, 11 and 12 of the act of April 27,
12 1927 (P.L.465, No.299), referred to as the Fire and Panic
13 Act.
14 (2) The reenactment of the act of May 2, 1929 (P.L.1518,
15 No.452), referred to as the Elevator Regulation Law.
16 (3) The reenactment of the act of September 1, 1965
17 (P.L.459, No.235), entitled, as amended, "An act requiring
18 that certain buildings and facilities adhere to certain
19 principles, standards and specifications to make the same
20 accessible to and usable by persons with physical handicaps,
21 and providing for enforcement."
22 (4) The reenactment of the act of July 9, 1976 (P.L.919,
23 No.170), entitled "An act providing for the approval or
24 disapproval of applications for a permit relating to the
25 construction or maintenance of improvements to real estate."
26 (5) The reenactment of the act of December 15, 1980
27 (P.L.1203, No.222), known as the Building Energy Conservation
28 Act.
29 (6) The reenactment of the act of December 17, 1990
30 (P.L.742, No.185), entitled "An act providing for restrooms
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1 in facilities where the public congregates; and requiring
2 that restroom facilities be provided for women on an
3 equitable basis."
4 (7) The reenactment of the act of December 19, 1990
5 (P.L.1387, No.214), known as the Dry Cleaning Law.
6 (8) The repeal of the act of November 10, 1999 (P.L.491,
7 No.45), known as the Pennsylvania Construction Code Act.
8 Section 16. This act shall take effect as follows:
9 (1) The following provisions shall take effect
10 immediately:
11 (i) Section 15 of this act.
12 (ii) This section.
13 (2) The remainder of this act shall take effect upon
14 publication of the notice under section 15 of this act.
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