BUILDING ENERGY CONSERVATION ACT - REPEALED — 1980 Pa. Act 222 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 82, 1552, 1876, PRINTER'S NO. 4044
1910, 2451, 3915
INTRODUCED BY MESSRS. ITKIN, J. L. WRIGHT, B. F. O'BRIEN, BURNS,
McCALL, SWEET, SEVENTY, IRVIS, MANDERINO, CESSAR AND PERZEL,
FEBRUARY 5, 1979
SENATOR MELLOW, ENVIRONMENTAL RESOURCES, IN SENATE, RE-REPORTED,
AS AMENDED, NOVEMBER 17, 1980
AN ACT
1 Providing for the regulation for energy conservation purposes of
2 the construction of buildings, the establishment of a
3 Building Energy Conservation Committee and a Board on
4 Variances, appeals and for penalties.
5 TABLE OF CONTENTS
6 Chapter 1. General Provisions
7 Section 101. Short title.
8 Section 102. Legislative findings and declaration of
9 purpose.
10 Section 103. Definitions.
11 Chapter 2. Energy Conservation Standards
12 Subchapter A. General Provisions
13 Section 201. Provisions.
14 Subchapter B. Plans and Specifications
15 Section 202. Submission.
16 Section 203. Contents.
17 Subchapter C. Definitions Relating to Energy Conservation
1 Standards
2 Section 204. Definitions relating to standards.
3 Subchapter D. Building Envelope
4 Section 205. General provisions.
5 Section 206. Criteria for residential buildings.
6 Section 207. Other buildings.
7 Section 208. Air leakage.
8 Subchapter E. Warm Air Heating, Ventilating and Air
9 Conditioning Systems and Equipment
10 Section 209. General provisions.
11 Section 210. Design requirements.
12 Section 211. Cooling with outdoor air.
13 Section 212. Mechanical ventilation.
14 Section 213. Simultaneous heating and cooling.
15 Section 214. Recovered energy.
16 Section 215. New energy.
17 Section 216. Reheat systems.
18 Section 217. Dual duct and multizone systems.
19 Section 218. Recooling systems.
20 Section 219. Multiple zones.
21 Section 220. Concurrent operation.
22 Section 221. Equipment performance requirements.
23 Section 222. Duct insulation.
24 Section 223. System controls.
25 Section 224. Steam and hot water heating piping.
26 Subchapter F. Plumbing Systems
27 Section 225. Purpose.
28 Section 226. Fixtures.
29 Section 227. Insulation.
30 Section 228. Equipment.
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1 Section 229. Controls.
2 Subchapter G. Electrical Systems
3 Section 230. System requirements.
4 Subchapter H. Lighting
5 Section 231. Lighting power budget.
6 Section 232. Calculation methods.
7 Section 233. Building interiors.
8 Section 234. Building exteriors.
9 Section 235. Exceptions to criteria.
10 Section 236. Calculation procedure.
11 Subchapter I. Alternative Systems
12 Section 237. Performance alternative.
13 Section 238. Nondepletable sources; exemption.
14 Section 239. Documentation.
15 Subchapter J. Use Group R-3 Prescriptive Standards
16 Section 240. Minimum insulation requirements for Use
17 Group R-3.
18 Chapter 3. Application of Standards: Establishment of
19 Committee and Penalties
20 Section 301. Modification of standards; criteria.
21 Section 302. Application of energy conservation standards.
22 Section 303. Energy conservation manual for buildings.
23 Section 304. Building Energy Conservation Committee.
24 Section 305. Certification.
25 Section 306. Use Group R-3; Notice; Warranty.
26 Section 307. Variances.
27 Section 308. Building permits.
28 Section 309. Permits for use or occupancy.
29 Section 310. Failure to submit certification.
30 Section 311. Inspections.
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1 Section 312. Appeals.
2 Section 313. Penalties.
3 Section 314. Enforcement.
4 Section 315. Civil action.
5 Chapter 4. Adoption of Future Standards
6 Section 401. Adoption and promulgation of standards.
7 Chapter 5. Local Election
8 Section 501. Election; Use Group R-3.
9 Section 502. Election; cities of the first, second and
10 second class A.
11 Section 503. Powers of municipalities.
12 Section 504. Variances.
13 Section 505. Disposition of fines and fees.
14 Chapter 6. Report to General Assembly
15 Section 601. Report to General Assembly.
16 Section 602. Effective date.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 CHAPTER 1
20 GENERAL PROVISIONS
21 Section 101. Short title.
22 This act shall be known and may be cited as the "Building
23 Energy Conservation Act."
24 Section 102. Legislative findings and declaration of purpose.
25 (a) Findings.--The Legislature hereby determines that:
26 (1) Energy shortages in the domestic supply present far-
27 reaching problems that promise to persist. These energy
28 shortages affect the continued efficient operation of the
29 Commonwealth's economy and social structure.
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1 (2) It is the Commonwealth's responsibility to provide
2 for energy conservation through regulation of design and
3 construction standards.
4 (3) The Legislature intends, by this act, to respond to
5 these shortages by devising a specific responsible energy
6 conservation policy for building systems.
7 (b) Purpose.--The purpose of this act is to grant to the
8 Commonwealth of Pennsylvania and direct it to exercise specific
9 authority in building construction to assure that such
10 construction is performed using materials and techniques that
11 will provide for energy conservation in the future operation and
12 maintenance of said buildings.
13 Section 103. Definitions.
14 The following words and phrases when used in this act shall
15 have, unless the context clearly indicates otherwise, the
16 meanings given to them in this section:
17 "Building." Any structure that provides facilities or
18 shelter for public assembly or for educational, business,
19 mercantile, institutional, warehouse or residential occupancy,
20 or industrial use including, but not limited to, those portions
21 of factory and industrial occupancy such as office space except
22 for:
23 (1) Buildings and structures or portions thereof whose
24 peak design rate of energy usage is less than one watt per
25 square foot or 3.4 BTU/hr per square foot of floor area for
26 all purposes.
27 (2) Structures or those portions of structures used for
28 housing equipment or machinery, or in which manufacturing or
29 processing is done, where the operation of such equipment or
30 machinery, or the manufacturing or processing procedures
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1 employed require the use of or generate substantial heat
2 producing energy or cooling within the structure. As used
3 herein, the generation of substantial heat shall mean
4 generation of more than 6 watts per square foot of floor
5 area.
6 (3) Buildings which are neither heated nor cooled.
7 (4) Historic buildings.
8 (5) Buildings owned by the Federal Government.
9 (6) ALL UNITS SUBJECT TO THE ACT OF MAY 11, 1972 <--
10 (P.L.286, NO.70), KNOWN AS THE "INDUSTRIALIZED HOUSING ACT."
11 (7) ALL UNITS SUBJECT TO TITLE VI (PUBLIC LAW 93-383),
12 REFERRED TO AS THE FEDERAL MOBILE HOME CONSTRUCTION AND
13 SAFETY STANDARDS ACT OF 1974.
14 "Construction." The erection, fabrication or renovation of a
15 building.
16 "Department." The Pennsylvania Department of Labor and
17 Industry except that for all units subject to the act of May 11, <--
18 1972 (P.L.286, No.70), known as the "Industrialized Housing
19 Act," all units subject to the act of May 11, 1972 (P.L.281,
20 No.69), known as the "Uniform Standards Code for Mobile Homes,"
21 and all buildings classified as Use Group R-3, herein,
22 department means the Pennsylvania Department of Community
23 Affairs.
24 "Design." Calculations and resultant drawings and
25 specifications which are used for the construction of a
26 building.
27 "Historic building." Any building determined by the State
28 Historic Preservation Officer to meet the criteria for listing
29 on the National Register of Historic Places but only to the
30 extent that compliance with this act would prevent preservation
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1 of the historic or architectural integrity of the building.
2 "Licensed design professional." A person licensed as an
3 architect or professional engineer pursuant to the appropriate
4 licensure act.
5 "Life-cycle cost." The cost of a building including its
6 initial cost, the cost of the energy consumed over its economic
7 life and the cost of its operation and maintenance.
8 "Municipality." A city, borough, incorporated town, township
9 or home rule municipality.
10 "Performance standards." Parameters within which designers
11 of buildings shall work. The specific practices that a designer
12 employs shall not be prescribed as long as the result is within
13 the parameters established by the standards.
14 "Renovation."
15 (1) The rehabilitation of an existing building which
16 requires more than 25% of the gross floor area or volume of
17 the entire building to be rebuilt. Cosmetic work such as
18 painting, wall covering, wall paneling, floor covering, and
19 suspended ceiling work shall not be included; or
20 (2) any addition to an existing building. The provisions
21 of this act shall only apply to such portion of the building
22 being renovated and not to the entire building.
23 CHAPTER 2
24 ENERGY CONSERVATION STANDARDS
25 SUBCHAPTER A
26 GENERAL PROVISIONS
27 Section 201. Provisions.
28 Except for Use Group R-3, the following provisions regulate <--
29 THE PROVISIONS OF THIS CHAPTER REGULATE the design and <--
30 construction of the exterior envelopes and selection of HVAC,
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1 service water heating, electrical distribution, and illumination
2 systems and equipment required for the purpose of effective use
3 of energy and shall govern the construction of all buildings, or
4 portions thereof, as provided herein OTHER THAN A BUILDING <--
5 CLASSIFIED AS USE GROUP R-3 EXCEPT WHERE SPECIFICALLY NOTED
6 OTHERWISE.
7 The provisions regulating the construction of buildings <--
8 MINIMUM INSULATION REQUIREMENTS FOR BUILDINGS classified as Use <--
9 Group R-3 are contained in Subchapter J, section 240.
10 SUBCHAPTER B
11 PLANS AND SPECIFICATIONS
12 Section 202. Submission.
13 (a) Plans.--Plans, specifications, computations where
14 necessary, and any changes thereto together with the necessary
15 certification required by section 305 shall be submitted for all
16 buildings except those classified as Use Group R-3 to indicate
17 conformance with this chapter and other applicable chapters of
18 this act, except as provided in subsections (b) and (c).
19 (b) Standard design.--Whenever a person is constructing a
20 building in accordance with plans, specifications and
21 computations which he has submitted within the previous two
22 years, such plans need not be resubmitted but such person shall
23 indicate upon the certificate required by section 305 that they
24 meet the standards currently in effect and identify the
25 previously submitted plans, specifications and computations.
26 (c) Prescriptive standards.--When the prescriptive standards
27 provided in the Energy Conservation Manual established by
28 section 303 are employed in the construction of a building only
29 such information as shall be required by the department shall be
30 submitted. The prescriptive standards applicable to Use Group R-
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1 3 buildings are contained in section 240.
2 Section 203. Contents.
3 The plans and specifications, where required by section 202,
4 shall show in sufficient detail all pertinent data and features
5 of the building and the equipment and systems as herein
6 governed, including but not limited to: exterior envelope
7 component materials, U values of elements, R values of
8 insulating materials, size and type of apparatus and equipment,
9 equipment and system controls and other pertinent data to
10 indicate conformance with the requirements herein.
11 SUBCHAPTER C
12 DEFINITIONS RELATING TO
13 ENERGY CONSERVATION STANDARDS
14 Section 204. Definitions relating to standards.
15 The following words and phrases when used in this chapter
16 shall have, unless the context clearly indicates otherwise, the
17 meanings given to them in this section:
18 "Coefficient of beam utilization" (CBU). The ratio of the
19 luminous flux (lumens) reaching a specified area directly from a
20 floodlight or projector to the total beam luminous flux.
21 "Coefficient of performance" (COP) - cooling. The ratio of
22 the rate of net heat removal to the rate of total energy input,
23 expressed in consistent units and under designated rating
24 conditions.
25 "Coefficient of performance" (COP) - heat pump, heating. The
26 ratio of the rate of net heat output to the rate of total energy
27 input, expressed in consistent units and under designated rating
28 conditions.
29 The rate of net heat output shall be defined as the change in
30 the total heat contents of the air entering and leaving the
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1 equipment not including supplementary heat.
2 Total energy input shall be determined by combining the
3 energy inputs to all elements, except supplementary heaters, of
4 the heat pump, including, but not limited to, compressors,
5 pumps, supply air fans, return air fans, outdoor air fans,
6 cooling tower fans and the heating, ventilating and air
7 conditioning system equipment control circuit.
8 "Coefficient of utilization" (CU). The ratio of the luminous
9 flux (lumens) from a luminaire received on the work plane to the
10 lumens emitted by the luminaire's lamps alone.
11 "Color rendition." General expression for the effect of a
12 light source on the color. Appearance of objects in conscious or
13 subconscious comparison with their color appearance under a
14 reference light source.
15 "Degree day, heating." A unit, based upon temperature
16 difference and time, used in estimating fuel consumption and
17 specifying nominal heating load of a building in winter. For any
18 one day, when the mean temperature is less than 65 F., there
19 exist as many degree days as there are Fahrenheit degrees
20 difference in temperature between the mean temperature for the
21 day and 65 F.
22 "Energy efficiency ratio" (EER). The ratio of net cooling
23 capacity in Btuh to total rate of electric input in watts under
24 designated operating conditions.
25 "Equivalent sphere illumination" (ESI). The level of sphere
26 illumination which would produce task visibility equivalent to
27 that produced by a specific lighting environment.
28 "Exterior envelope." The elements of a building which
29 enclose conditioned spaces through which thermal energy may be
30 transferred to or from the exterior.
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1 "Floodlighting." A lighting system designated to light an
2 area using projector type luminaires usually capable of being
3 pointed in any direction.
4 "Floor area, gross." Gross floor area shall be the floor
5 area within the perimeter of the outside walls of the building
6 under consideration, without deduction for hallways, stairs,
7 closets, thickness of walls, columns or other features.
8 "Illumination." The density of the luminous flux incident on
9 a surface. It is the quotient of the luminous flux by the area
10 of the surface when the latter is uniformly illuminated.
11 "Light loss factor" (LLF). A factor used in calculating the
12 level of illumination after a given period of time and under
13 given conditions. It takes into account temperature and voltage
14 variations, dirt accumulation on luminaire and room surfaces,
15 lamp depreciation, maintenance procedures and atmosphere
16 conditions.
17 "Luminaire." A complete lighting unit consisting of a lamp
18 or lamps together with the parts designed to distribute the
19 light, to position and protect the lamps and to connect the
20 lamps to the power supply.
21 "Multiglazing." An arrangement whereby two or more sheets of
22 glazing material are affixed in or on to a window frame to
23 create one or more closed insulating air spaces. Multiglazing
24 can be achieved by installing a preassembled sealed insulating
25 glass unit, consisting of two or more layers of glazing
26 materials with insulating, closed air space in between, or by
27 affixing one or more additional glazing materials onto a single
28 glazed window sash, creating one or more closed insulating air
29 spaces.
30 "Packaged terminal air conditioner." A factory selected
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1 combination of heating and cooling components, assemblies or
2 sections, intended to serve a room or zone.
3 "Power." In connection with machines, power is the time rate
4 of doing work. In connection with the transmission of energy of
5 all types, power refers to the rate at which energy is
6 transmitted; in customary units, it is measured in watts (W) or
7 British thermal units per hour (Btuh) and in SI units is
8 measured in watts (W).
9 "Reflectance." The ratio of the light reflected by a surface
10 to the light falling upon it.
11 "Reheat." The application of sensible heat to supply air
12 that has been previously cooled below the temperature of the
13 conditioned space by either mechanical refrigeration or the
14 introduction of outdoor air to provide cooling.
15 "Residential buildings." All buildings and structures or
16 parts thereof shall be classified in the residential (R) use
17 group in which families or households live, or in which sleeping
18 accommodations are provided for individuals with or without
19 dining facilities, excluding those that are classified as
20 institutional buildings. Residential buildings shall be
21 classified as follows:
22 (1) Use group R-1 structures. This use group shall include
23 all hotel and motel buildings, lodging houses, boarding houses
24 and dormitory buildings arranged for the shelter and sleeping
25 accommodation of more than 20 individuals.
26 (2) Use group R-2 structures. This use group shall include
27 all multiple-family dwellings having more than two dwelling
28 units and not included in use group R-3; and shall also include
29 all dormitories, boarding and lodging houses arranged for
30 shelter and sleeping accommodation by more than five and not
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1 more than 20 individuals.
2 (3) Use group R-3 structures. This use group shall include
3 all buildings arranged for the use of one or two family dwelling
4 units including not more than five lodgers or boarders per
5 family and all rowhouses, townhouses and garden apartment
6 construction not exceeding three stories in height used for
7 residential purposes whenever each unit has its own individual
8 and self supporting heating, ventilating and air conditioning
9 systems.
10 "Resistance, thermal" (R). A measure of the ability to
11 retard the flow of heat. The R value is the reciprocal of a heat
12 transfer coefficient, as expressed by U. (R = 1/U).
13 "Thermal transmittance" (U). Overall coefficient of heat
14 transmission or thermal transmittance (air to air) expressed in
15 units of BTU per hour per square foot per degree F. It is the
16 time rate of heat flow. The U value applies to combinations of
17 different materials used in series along the heat flow path and
18 also to single materials that comprise a building section and
19 include cavity air spaces and surface air films on both sides.
20 "Thermal transmittance" (Uo). Overall (average) heat
21 transmission or thermal transmittance of a gross area of the
22 exterior building envelope, expressed in units of BTU per hour
23 per square foot per degree F.
24 The Uo value applies to the combined effect of the time rate
25 of heat flows through the various parallel paths, such as
26 windows, doors and opaque construction areas, comprising the
27 gross area of one or more exterior building components, such as
28 walls, floor or roof/ceiling.
29 "Thermostat." An instrument which measures changes in
30 temperature and controls devices for maintaining a desired
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1 temperature.
2 "Veiling reflections." Regular reflections superimposed upon
3 diffuse reflections from an object that partially or totally
4 obscure the details to be seen by reducing the contrast. This
5 sometimes is called "reflected glare."
6 "Window management." Any one or combination of acts and
7 activities whose purpose is to take maximum advantage of the
8 energy conserving aspects of utilizing solar energy to heat a
9 building and/or utilize solar illumination within a building to
10 augment energy-consuming lighting systems. Such acts and
11 activities include, but are not limited to, building-window
12 siting and orientation, selection of glazing materials, design
13 of overhangs, sun screens or placement of shrubbery.
14 "Work plane." The plane at which work usually is done and at
15 which the illumination is specified and measured. Unless
16 otherwise indicated, this is assumed to be a horizontal plane 30
17 in. (0.76 m) above the floor.
18 "Zone." A space or group of spaces within a building with
19 heating or cooling requirements sufficiently similar so that
20 comfort conditions can be maintained throughout by a single
21 controlling device.
22 SUBCHAPTER D
23 BUILDING ENVELOPE
24 Section 205. General provisions.
25 (a) Purpose of subchapter.--The intent of this subchapter is
26 to provide minimum requirements for exterior envelope
27 construction in the interest of energy conservation.
28 In addition to the criteria set forth in this subchapter
29 provisions shall be made to maximize the energy conserving
30 benefits of solar daylight and passive solar heat gain through
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1 window management. The proposed design may also take into
2 consideration the thermal mass of the building in considering
3 energy conservation. The administering agency shall provide the
4 guidelines necessary to implement these provisions.
5 (b) Thermal performance.--All buildings and structures that
6 are heated or mechanically cooled shall be constructed so as to
7 provide the required thermal performance of the various
8 components.
9 The required thermal transmittance value (Uo) of any one
10 component, such as roof/ceiling, wall or floor may be increased
11 and the Uo value for other components decreased provided that
12 the overall heat gain or loss for the entire building envelope
13 does not exceed the total resulting from conformance to the
14 required Uo values.
15 (c) Different requirements.--
16 (1) A building that is designed to be both heated and
17 cooled shall meet the more stringent of the heating or
18 cooling requirements of the exterior envelope as provided in
19 this subchapter when requirements differ.
20 (2) A building which is not cooled whose primary purpose
21 is storage and has an indoor design temperature of 50 degrees
22 F. or less, the building is exempt from the requirements of
23 this subchapter.
24 (d) Exterior walls.--For the purpose of this subchapter the
25 gross area of exterior walls consists of all opaque wall areas,
26 including foundation walls above grade, peripheral edges of
27 floors, window areas including sash, and door areas, where such
28 surfaces are exposed to outdoor air and enclose a heated or
29 mechanically cooled space.
30 (e) Roof assembly.--For the purpose of this subchapter a
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1 roof assembly shall be considered as all components of the
2 roof/ceiling envelope through which heat flows, thereby creating
3 a building transmission heat loss or gain, where such assembly
4 is exposed to outdoor air and encloses a heated or mechanically
5 cooled space.
6 The gross area of a roof assembly consists of the total
7 interior surface of such assembly, including skylights, exposed
8 to the heated or mechanically cooled space.
9 Where air ceiling plenums are employed, the roof or ceiling
10 assembly shall:
11 (1) For thermal transmittance purposes not include the
12 ceiling proper nor the plenum space as part of the assembly.
13 (2) For gross area purposes be based upon the interior
14 face of the upper plenum surface.
15 Section 206. Criteria for residential buildings.
16 (a) Applicability.--The requirements herein shall apply to
17 all buildings and structures or portions thereof of use groups
18 R-1 and R-2 that are heated or mechanically cooled when not more
19 than 3 stories or 40 feet in height.
20 (b) Walls.--The gross area of exterior walls above grade,
21 including foundation walls, shall have a combined thermal
22 transmittance value (Uo) not exceeding those specified in Table
23 1.
24 Table 1
25 Maximum Allowable "Uo" Values for
26 Gross Exterior Wall Assemblies
27 R-1 and R-2
28 Annual heating degree days* residential
29 4000 0.31
30 5000 0.29
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1 6000 0.27
2 7000 0.26
3 *As specified in Chapter 43 ASHRAE Handbook-Systems.
4 (c) Roof/ceiling.--The roof/ceiling assemblies shall have a
5 combined thermal transmittance value (Uo) not to exceed 0.05
6 except that roof/ceiling assemblies in which the finished
7 interior surface is essentially the underside of the roof deck,
8 such as a wooden cathedral ceiling, may have a "Uo" value not to
9 exceed 0.08. These values presume no significant thermal
10 transmission through framing members, skylights or other
11 interruptions in the roof envelope. If such interruptions occur,
12 calculations must be made showing conformance to the required
13 "Uo" values.
14 (d) Floors over unheated spaces.--The floor of a heated or
15 mechanically cooled space located over an unheated space shall
16 have a combined thermal transmittance value (Uo) not to exceed
17 0.08.
18 (e) Slab-on grade floors.--
19 (1) For slab-on grade floors, the perimeter of the floor
20 shall be insulated with a material having a thermal
21 resistance value (R) not less than those specified in Table
22 2.
23 Table 2
24 Minimum Allowable "R" Values of Perimeter
25 Insulation for Slab-On Grade Floors
26 Annual heating degree days Heated slab Unheated slab
27 4000* 5.5 3.5
28 5000 6.3 4.2
29 6000 7.0 4.9
30 7000 7.8 5.5
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1 *Table values may be interpolated.
2 (2) The insulation shall extend downward from the top of
3 the slab for a minimum distance of 24 inches or downward to
4 the bottom of the slab then horizontally beneath the slab for
5 a minimum total distance of 24 inches.
6 Section 207. Other buildings.
7 (a) Coverage.--The heating and cooling requirements herein
8 shall govern all buildings and structures or portions thereof
9 other than defined by section 206.
10 (b) Heating criteria for walls.--All buildings and
11 structures that are heated shall have a combined thermal
12 transmittance value (Uo) for the gross area of exterior walls
13 not exceeding those specified in Table 3.
14 Table 3
15 Maximum Allowable "Uo" Values
16 for Gross Exterior Wall Assemblies
17 3 stories or More than
18 Annual heating degree days 40 ft. or less 3 stories or
19 40 ft.
20 4000 0.31 0.38
21 5000 0.29 0.36
22 6000 0.27 0.33
23 7000 0.26 0.31
24 (c) Heating criteria for roof/ceiling.--All buildings and
25 structures that are heated shall have combined thermal
26 transmittance value (Uo) for roof/ceiling assemblies not
27 exceeding those specified in Table 4.
28 Table 4
29 Maximum Allowable "Uo" Values
30 for Roof/Ceiling Assemblies
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1 Annual heating degree days Maximum Uo
2 4000* 0.092
3 5000 0.084
4 6000 0.076
5 7000 0.068
6 *Table values may be interpolated.
7 (d) Heating criteria for floors over unheated spaces.--The
8 floor of a heated space located over an unheated space shall
9 have a thermal transmittance value (Uo) not exceeding 0.08.
10 (e) Heating criteria for slab-on grade floors.--For slab-on
11 grade floors, the perimeter of the floor shall be insulated with
12 a material having a thermal resistance value (R) not less than
13 those specified in Table 5.
14 The insulation shall extend downward from the top of the slab
15 for a minimum distance of 24 inches or downward to the bottom of
16 the slab then horizontally beneath the slab for a minimum total
17 distance of 24 inches.
18 Table 5
19 Minimum Allowable "R" Values of Perimeter
20 Insulation for Slab-On Grade Floors
21 Annual heating degree days Heated slab Unheated slab
22 4000* 5.5 3.5
23 5000 6.3 4.2
24 6000 7.0 4.9
25 7000 7.8 5.5
26 *Table values may be interpolated.
27 (f) Cooling criteria for walls.--All buildings and
28 structures that are mechanically cooled shall have an overall
29 thermal transfer value for the gross area of exterior walls not
30 exceeding 33.5 BTU's per hour per square foot based on the
19790H0080B4044 - 19 -
1 following equation:
2 OTTV = (Uw x Aw X TDEQ) + (Af x Sf x Sc) + (Uf x Af x Delta T)
3 Ao
4 OTTV = Overall thermal transfer value where:
5 Uw = The thermal transmittance of all elements of the opaque
6 wall area Btu/h. ft2.F (W/m2K)
7 Aw = Opaque wall area, ft2 (m2)
8 Uf = The thermal transmittance of the fenestration area
9 Btu/h. ft2.F (W/m2K)
10 Af = Fenestration area, ft2 (m2)
11 TDEQ = Value given in the following table,F, (c):
12 TABLE FOR TEMPERATURE DIFFERENCE
13 Wall Construction-mass per unit area TDEQ
14 LB/FT2 Kg/m2 F C
15 0-25 0-125 44 24.5
16 26-40 126-195 37 21.0
17 41-70 196-345 30 17.0
18 71 and above 346 and above 23 13.0
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
30 Fundamentals, 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
19790H0080B4044 - 21 -
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,
19790H0080B4044 - 22 -
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:
19790H0080B4044 - 23 -
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.
19790H0080B4044 - 24 -
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
19790H0080B4044 - 25 -
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
19790H0080B4044 - 26 -
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 (c) Other system equipment.--Heat operated cooling equipment
26 shall show a coefficient of performance (COP) in the cooling
27 mode not less than the values specified in Table 7. These
28 requirements apply to, but are not limited to, absorption,
29 engine-driven and turbine-driven equipment. The coefficient of
30 performance (COP) is determined excluding the electrical
19790H0080B4044 - 27 -
1 auxiliary inputs.
2 Table 7
3 Minimum COP for Heating, Ventilating and Air Conditioning
4 System Heat Operated Cooling Equipment
5 Heat source Minimum COP
6 Direct fired (gas, oil) 0.40
7 Indirect fired (steam, hot water) 0.65
8 (d) System components.--Heating, ventilating and air
9 conditioning system components whose energy input in the cooling
10 mode is entirely electric shall show a coefficient of
11 performance (COP) and energy efficiency ratio (EER) not less
12 than the values specified in Table 8. For determining
13 coefficient of performance (COP), the rate of heat removal is
14 defined as the difference in total heat contents of the water or
15 refrigerant entering or leaving the component. Total energy
16 input shall be determined by combining the energy inputs to all
17 elements and accessories of the component, including but not
18 limited to, compressors, internal circulating pumps, condenser-
19 air fans, evaporative-condenser cooling heater pumps, purge, and
20 the component control circuit.
21 Table 8
22 Minimum COP for Electrically Driven Heating, Ventilating
23 and Air Conditioning System Components
24 Component Condensing means Air Water Evaporation
25 ERR COP EER COP EER COP
26 Self-contained Centrifugal 7.5 2.2 12.9 3.8
27 water chillers
28 Positive
29 displacement 7.2 2.1 10.9 3.2
30 Condenserless Positive
19790H0080B4044 - 28 -
1 water chillers displacement 8.9 2.6 10.9 3.2
2 Compressor and
3 condenser units Positive
4 65,000 Btu/hr. displacement 7.8 2.3 11.3 3.3 11.3 3.3
5 (19,050 watts)
6 and over
7 (e) Heat pumps.--Heat pumps whose energy input is entirely
8 electric shall show a coefficient of performance (COP), heating,
9 not less than the values specified in Table 9.
10 Table 9
11 Minimum COP for Heat Pumps, Heating Mode
12 Source and outdoor temperature (degree F.) Minimum COP
13 Air source--47 DB/43 WB 2.2
14 Air source--17 DB/15 WB 1.2
15 Water source--60 entering 2.2
16 (f) Supplementary heater.--The heat pump shall be installed
17 with a control to prevent supplementary heater operation when
18 the heating load can be met by the heat pump alone.
19 Supplementary heater operation is permitted during transient
20 periods, such as start-ups, following room thermostat setpoint
21 advance, and during defrost. A two-stage room thermostat, which
22 controls the supplementary heat on its second stage, shall be
23 accepted as meeting this requirement. The cut-on temperature for
24 the compression heating shall be higher than the cut-on
25 temperature for the supplementary heat, and the cut-off
26 temperature for the compression heating shall be higher than the
27 cut-off temperature for the supplementary heat. Supplementary
28 heat may be derived from any source of electric resistance
29 heating or combustion heating.
30 (g) Combustion heating equipment.--All gas and oil-fired
19790H0080B4044 - 29 -
1 comfort heating equipment shall show a minimum combustion
2 efficiency of 75% at maximum rated output. Combustion efficiency
3 shall be determined in accordance with the ASHRAE Standard 90.
4 Section 222. Duct insulation.
5 (a) Insulation.--All duct systems, or portions thereof,
6 exposed to nonconditioned spaces shall be insulated to provide a
7 thermal resistance, excluding film resistance, of
8 ti - to
9 R = --------(hr) (sq.ft) (F)/BTU
10 15
11 where ti-to is the design temperature differential (absolute
12 value) between the air in the duct and the surrounding air with
13 the following exceptions. Duct insulation, except when needed to
14 prevent condensation, is not required in any of the following
15 cases:
16 (1) Where ti-to is 25 degrees F. or less.
17 (2) When the heat gain or loss of the ducts, without
18 insulation, will not increase the energy requirements of the
19 building.
20 (3) Exhaust air ducts.
21 (4) Supply or return air ducts installed in crawl spaces
22 with insulated walls, basements or cellars in one and two-
23 family dwellings.
24 (b) Vapor barriers.--Where required to prevent condensation,
25 insulation with vapor barriers shall be installed in addition to
26 insulation required above.
27 Section 223. System controls.
28 (a) Application.--All heating, ventilating and air
29 conditioning systems shall be provided controls as specified
30 herein.
19790H0080B4044 - 30 -
1 (b) Temperature.--Each heating, ventilating and air
2 conditioning system shall be provided with at least one
3 thermostat for the regulation of temperature. Each thermostat
4 shall be capable of being set from 55 degrees F. to 75 degrees
5 F. where used to control heating only and from 70 degrees F. to
6 85 degrees F. where used to control cooling only. Where used to
7 control both heating and cooling it shall be capable of being
8 set from 55 degrees F. to 85 degrees F. and shall be capable of
9 operating the system heating and cooling in sequence. It shall
10 be adjustable to provide a temperature range of up to 10 degrees
11 F. between full heating and full cooling, except as allowed in
12 section 220.
13 (c) Humidity.--If a heating, ventilating and air
14 conditioning system is equipped with a means for adding moisture
15 to maintain specific selected relative humidities in spaces or
16 zones, a humidistat shall be provided. This device shall be
17 capable of being set to prevent new energy from being used to
18 produce space relative humidity above 30% R.H. Where a
19 humidistat is used in a heating, ventilating and air
20 conditioning system for controlling moisture removal to maintain
21 specific selected relative humidities in spaces or zones, it
22 shall be capable of being set to prevent new energy from being
23 used to produce a space relative humidity below 60%.
24 (d) Temperature zoning.--
25 (1) In all buildings and structures of use group R-3, at
26 least one thermostat for regulation of space temperature
27 shall be provided for each separate heating, ventilating and
28 air conditioning system. In addition, a readily accessible
29 manual or automatic means shall be provided to partially
30 restrict or shut-off the heating or cooling input to each
19790H0080B4044 - 31 -
1 zone or floor, excluding unheated or uncooled basements and
2 garages.
3 (2) In all buildings and structures of use group R-2,
4 each individual dwelling unit shall be considered separately
5 and shall meet the requirements for one and two-family
6 dwellings above.
7 (3) In all buildings and structures other than use group
8 R-3 and in spaces other than dwelling units in use group R-2,
9 at least one thermostat for regulation of space temperature
10 shall be provided for each separate heating, ventilating and
11 air conditioning system and for each floor of the building.
12 (e) Set-back and shut-off.--
13 (1) In all buildings and structures, or portions thereof
14 of use group R-3, the thermostat, or an alternate means such
15 as a switch or a clock, shall provide a readily accessible,
16 manual or automatic means for reducing the energy required
17 for heating and cooling during periods of nonuse or reduced
18 need.
19 (2) In all other buildings and structures, or portions
20 thereof each heating, ventilating and air conditioning system
21 shall be equipped with a readily accessible means of reducing
22 the energy used for heating, ventilating and air conditioning
23 during periods of nonuse or alternate uses of the building
24 spaces or zones served by the system, such as with manually
25 adjustable automatic timing devices, manual devices for use
26 by operating personnel, or automatic control systems.
27 (3) Lowering thermostat set points to reduce energy
28 consumption of heating systems shall not cause energy to be
29 expended to reach the reduced setting.
30 Section 224. Steam and hot water heating piping.
19790H0080B4044 - 32 -
1 (a) Piping insulation.--All piping serving as part of a
2 heating or cooling system installed to serve buildings and
3 within buildings shall be thermally insulated as shown in Table
4 10.
5 Table 10
6 Minimum Pipe Insulation
7 Insulation thickness in inches
8 Fluid for pipe sizes
9 Piping temperature
10 system range, Runouts 1" and 1 1/4- 2 1/2- 5& 8" and
11 types F. up to 2" less 2 4 6 larger
12 Heating systems
13 Steam &
14 hot water
15 High pressure/
16 temp 306-450 1 1/2 1 1/2 2 2 1/2 3 1/2 3 1/2
17 Med. pressure/
18 temp 251-305 1 1/2 1 1/2 2 2 1/2 3 3
19 Low pressure/
20 temp 201-250 1 1 1 1/2 1 1/2 2 2
21 Low tem-
22 perature 120-200 1/2 3/4 1 1 1 1 1/2
23 Steam con-
24 densate Any 1 1 1 1 1/2 1 1/2 2
25 (for feed
26 water)
27 Cooling systems
28 Chilled
29 water, 40-55 1/2 1/2 3/4 1 1 1
30 Refrigerant,
19790H0080B4044 - 33 -
1 or brine Below 40 1 1 1 1/2 1 1/2 1 1/2 1 1/2
2 Insulation thicknesses are based on insulation having thermal
3 resistances in the range of 4.0 to 4.6 per inch of thickness on
4 a flat surface at a mean temperature of 75 degrees F. Minimum
5 insulation thickness shall be increased for materials having R
6 values less than 4.0 or may be reduced for materials having R
7 values greater than 4.6 per inch of thickness as follows:
8 (b) High thermal resistance.--For materials with thermal
9 resistance greater than R=4.6, the minimum insulation thickness
10 may be reduced as follows:
11 4.6 x Table 10 Thickness = New Minimum Thickness
12 Actual R
13 (c) Low thermal resistance.--For materials with thermal
14 resistance less than R=4.0 the minimum insulation thickness
15 shall be increased as follows:
16 4.0 x Table 10 Thickness = New Minimum Thickness
17 Actual R
18 Piping insulation, except when needed to prevent condensation,
19 is not required in any of the following cases:
20 (1) Piping installed within heating, ventilating and air
21 conditioning equipment.
22 (2) Piping at temperatures between 55 degrees F. and 120
23 degrees F.
24 (3) When the heat loss or heat gain of the piping,
25 without insulation, does not increase the energy requirements
26 of the building.
27 (4) Piping installed in basements or cellars in one and
28 two-family dwellings.
29 (d) Vapor barriers.--Where required to prevent condensation,
30 insulation with vapor barriers shall be installed in addition to
19790H0080B4044 - 34 -
1 insulation required above.
2 SUBCHAPTER F
3 PLUMBING SYSTEMS
4 Section 225. Purpose.
5 This subchapter sets forth provisions for design and
6 equipment selection for energy conservation in service water
7 heating systems.
8 Section 226. Fixtures.
9 (a) Lavatories.--Lavatories in restrooms of public
10 facilities shall be equipped with self-closing outlet devices
11 which limit the flow of hot water to a maximum of 0.5 Gpm,
12 devices which limit the outlet temperature to a maximum of 110
13 degrees F. and self-closing valves which limit the quantity of
14 hot water to a maximum of 0.25 gallon.
15 (b) Showers.--Showers used for other than safety reasons
16 shall be equipped with flow control devices to limit total flow
17 to a maximum of 3 Gpm per shower head.
18 Section 227. Insulation.
19 (a) Piping insulation.--Piping in required return
20 circulation systems shall be insulated so that heat loss is
21 limited to a maximum of 25 Btuh per square foot of external pipe
22 surface for above ground piping and a maximum of 35 Btuh per
23 square foot of external pipe surface for underground piping.
24 Maximum heat loss shall be determined at a temperature
25 differential equal to the maximum water temperature minus a
26 design ambient temperature no higher than 65 degrees F. except
27 that conformance with table 10 for "low temperature piping
28 system" shall be deemed as complying with this section.
29 (b) Tanks.--Unfired hot water storage tanks shall be
30 insulated so that heat loss is limited to a maximum of 15 Btuh
19790H0080B4044 - 35 -
1 per square foot of external tank surface area. For purposes of
2 determining this heat loss, the design ambient temperature shall
3 be no higher than 65 degrees F.
4 Section 228. Equipment.
5 (a) Pump operation.--Circulating hot water systems shall be
6 arranged so that the circulating pump can be conveniently turned
7 off either automatically or manually when the hot water system
8 is not in operation.
9 (b) Electric water heaters.--All automatic electric storage
10 water heaters shall have a stand-by loss not exceeding 4 watts
11 per square foot of tank surface area. The method of test of
12 stand-by loss shall be as described in section 4.3.1 of ANSI
13 C72.1 Household Automatic Electrical Storage-Type Water Heaters.
14 (c) Gas and oil-fired water heaters.--All gas and oil-fired
15 automatic storage heaters shall have a recovery efficiency, ER,
16 not less than 75% and a stand-by loss percentage S, not
17 exceeding S=2.3+67/V where V=rated volume in gallons. The method
18 of test of ER and S shall be as described in section 2.7 of ANSI
19 Z21.10.3 Circulating Tank, Instantaneous and Large Automatic
20 Storage Type Water Heaters, Approval Requirements for Gas Water
21 Heaters.
22 Section 229. Controls.
23 (a) Temperature controls.--All hot water supply systems
24 shall be equipped with automatic temperature controls capable of
25 adjustments from the lowest to the highest acceptable
26 temperature settings for the intended use.
27 (b) Shut down.--A separate switch shall be provided to
28 terminate the energy supplied to electric hot water supply
29 systems. A separate valve shall be provided to turn off the
30 energy supplied to the main burner of all other types of hot
19790H0080B4044 - 36 -
1 water supply systems.
2 SUBCHAPTER G
3 ELECTRICAL SYSTEMS
4 Section 230. System requirements.
5 (a) Service voltage.--Where a choice of service voltage is
6 available, the voltage resulting in the least energy loss shall
7 be used.
8 (b) Voltage drop.--In any building, the maximum total
9 voltage drop shall not exceed 3% in branch circuits or feeders,
10 for a total of 5% to the farthest outlet based on steady state
11 design load conditions.
12 (c) Lighting switching.--Switching shall be provided for
13 each lighting circuit, or for portions of each circuit, so that
14 the partial lighting required for custodial or for effective
15 complementary use with natural lighting may be operated
16 selectively.
17 (d) Separate metering.--In all multi-family dwellings, <--
18 INCLUDING BUILDINGS CLASSIFIED AS USE GROUP R-3, provisions
19 shall be made to determine the electrical energy consumed by
20 each tenant.
21 SUBCHAPTER H
22 LIGHTING
23 Section 231. Lighting power budget.
24 A lighting power budget is the upper limit of the power to be
25 available to provide the lighting needs in accordance with a
26 given set of criteria and given calculation procedure.
27 Section 232. Calculation methods.
28 The criteria specified below shall be utilized for
29 computation of the lighting power budget. All calculations shall
30 be in accordance with accepted engineering practice. When
19790H0080B4044 - 37 -
1 insufficient information is known about the specific use of the
2 building space (e.g., number of occupants, space function,
3 location of partitions), the budget shall be based on the
4 apparent intended use of the building space.
5 Section 233. Building interiors.
6 (a) Procedure.--The allowable electric power for lighting
7 shall be established by using the criteria and the calculation
8 procedures specified in section 236. The value shall be based on
9 the use for which the space within the building is intended and
10 on efficient energy utilization.
11 (b) Illumination level criteria.--For the purpose of
12 establishing a budget, levels of illumination shall be those
13 listed in fig. 9-80 of the IES Lighting Handbook, and those
14 levels shall be used as follows:
15 (1) For task lighting, the levels of illumination listed
16 are for specific tasks. These levels are for the task areas
17 defined in the IES Lighting Handbook or, where not defined,
18 at all usable portions of task surfaces. In some cases, the
19 levels of illumination are listed for locations (e.g.,
20 auditoriums). These levels are to be considered as average
21 levels.
22 (2) For general lighting, in areas surrounding task
23 locations, the average level of general lighting, for budget
24 purposes only, shall be one-third the level for the tasks
25 performed in the area but in no case less than 20-foot
26 candles. Where more than one task level occurs in a space,
27 the general level shall be one-third the weighted average of
28 the specific task levels.
29 (3) For noncritical lighting, in circulation and seating
30 areas, where no specific visual tasks occur, the average
19790H0080B4044 - 38 -
1 level of illumination shall be one-third of the average
2 general lighting in the adjacent task spaces but in no case
3 less than ten-foot candles.
4 (4) For the purpose of establishing a power budget, only
5 lamp efficacies and coefficients of utilization (CU)
6 specified in Table 11, shall be assumed.
7 Section 234. Building exteriors.
8 (a) Basis on use.--In exterior spaces, the lighting power
9 budget shall be based on the use of which the space is intended
10 (for task performance, safety, or security) and on efficient
11 energy utilization.
12 (b) Criteria.--The same criteria as those for interior
13 spaces apply for illumination levels and lighting systems with
14 the addition of luminaires for flood lighting. For power budget
15 purposes floodlighting shall be selected with luminaires having
16 a greater percentage of their beam lumens restricted to the area
17 to be lighted. Such luminaires are defined as those with at
18 least the minimum efficiencies listed in the IES Lighting
19 Handbook.
20 (c) Facade lighting.--Facade lighting for budget purposes
21 shall be no greater than 2% of the total interior load of the
22 building.
23 (d) Calculation procedure.--In establishing a lighting power
24 budget the following procedures shall be used:
25 (1) For overhead lighting the procedure specified in
26 section 236 shall be followed, but using reflectances as
27 found.
28 (2) For flood lighting the beam lumen method, as shown
29 in the IES Lighting Handbook and a coefficient of beam
30 utilization (CBU) of 0.75 shall be used for floodlighting
19790H0080B4044 - 39 -
1 calculations.
2 Section 235. Exceptions to criteria.
3 (a) Spaces.--The criteria of section 233 shall not apply to
4 the following areas when calculating the load:
5 (1) Portions of residential occupancies except for
6 kitchens, bathrooms, and laundry areas and public spaces
7 including lobbies, halls, stairways, basement areas, and
8 utility rooms.
9 (2) Residential type spaces similar to those stated in
10 paragraph (1) in institutions, such as hospitals, hotels,
11 funeral homes, churches, museums, etc.
12 (3) Theater auditoriums, entertainment and audiovisual
13 presentations where the lighting is an essential technical
14 element for the function performed.
15 (b) Luminaires.--The criteria of section 234 shall not apply
16 to the following lamps and luminaires; however, their use shall
17 be accounted for in the calculation of task lighting loads for
18 specific tasks. The allowable load shall be based on the
19 luminaire wattage to achieve the levels of illumination as
20 covered in section 233 using a point calculation method given in
21 the IES Lighting Handbook. The excepted lamps and luminaires are
22 as follows:
23 (1) Luminaires for medical and dental purposes.
24 (2) Luminaires for highlighting applications, such as
25 sculpture exhibits, art exhibits, and individual items of
26 display merchandise.
27 (3) Luminaires for specialized lighting applications
28 (color matching, where electrical interference cannot be
29 tolerated, etc.).
30 (c) Control of reflectances.--The criteria of Table 11 shall
19790H0080B4044 - 40 -
1 not apply in spaces where it is impractical to control
2 reflectances and where a dirty atmosphere cannot be avoided.
3 Where this condition exists, the values for reflectances and
4 light loss factors shall be those expected to be found and shall
5 be approved by the department. The calculation shall make a note
6 of this deviation.
7 Section 236. Calculation procedure.
8 To establish a lighting power budget the following procedures
9 shall be used:
10 (a) To determine illumination levels and areas:
11 (1) Determine the visual tasks that are expected to be
12 performed in each space and the number of planned work
13 locations where tasks will be performed. If assumptions are
14 made, their bases shall be indicated.
15 (2) Select the illumination level, in foot-candles for
16 those expected tasks in accordance with section 233(b)(1).
17 (3) Calculate total task areas to be illuminated to the
18 same level by multiplying the number of work locations by 50
19 square feet per work location. Use actual task area if
20 greater than 50 square feet. If the sum of all task areas is
21 greater than 50% of the total space area, then the task area
22 per work location shall be reduced proportionately, so that
23 the total task area is limited to one-half the total space
24 area. If special task lighting or localized lighting is to be
25 employed, use the actual task areas and point calculation
26 procedures.
27 (4) Calculate the level of general lighting by
28 multiplying the task lighting level by one-third, where there
29 is only one task level, or by taking one-third of the sum of
30 the products of the task levels as provided for in paragraph
19790H0080B4044 - 41 -
1 (2) and their areas as provided for in paragraph (3) divided
2 by the total task areas.
3 (5) Calculate the level of noncritical lighting.
4 (b) To determine lighting system data:
5 (1) Determine light source and luminaire types to use.
6 (2) Determine lamp lumens per watt and luminaire
7 coefficients of utilization for room and luminaire mounting
8 height dimensions. Luminaire CUs shall be selected from the
9 IES Lighting Handbook. In all cases, no luminaire shall have
10 a CU for RCR = 1 of less than that given in Table 11 lamp
11 efficacies for the appropriate space.
12 (c) To determine allowable wattage:
13 (1) Using data from subsection (b), the illumination
14 levels and areas determined in subsection (a), and the
15 criteria of Table 11 on Reflectance, calculate the allowable
16 wattages using the lumen method.
17 (2) Calculate the total space wattage by adding the
18 task, general and noncritical lighting loads.
19 (3) Add the wattage of luminaires allowed in section
20 235(b).
21 Table 11
22 (a) Lamp efficacies.--The following are initial lumen output
23 per watt input, including ballast losses:
24 Application Lumens
25 per Watt
26 Where moderate color rendition is appropriate 55
27 Where good color rendition is appropriate 40
28 Where high color rendition is appropriate,
29 spaces are less than 50 square feet or where
30 use of low wattage High Intensity Discharge
19790H0080B4044 - 42 -
1 (HID) lamps under 250 W or fluorescent
2 lamps under 40 W is appropriate. 25
3 (b) Luminaire coefficients of utilization (CU).--
4 Coefficients of utilization (CUs) are to be for luminaires for
5 use in the types of spaces listed below, and those luminaires
6 shall have a CU of no less than that listed below (for each type
7 space) for a Room Cavity Ratio (RCR) of 1 and reflectances as in
8 (c).
9 Space Use Minimum CU
10 (at RCR = 1)
11 For spaces with tasks subjected to veiling
12 reflections, where recommended levels of
13 illumination are listed in terms of
14 equivalent sphere illumination (ESI), and
15 where visual comfort is important. 0.55
16 For spaces without tasks, or with tasks
17 not subjected to veiling reflections, but
18 where visual comfort is important. 0.63
19 For spaces without tasks and where visual
20 comfort is not a criterion. 0.70
21 (c) Other criteria:
22 (1) Reflectances. For interior spaces, the following
23 initial cavity and surface reflectances shall be assumed:
24 Ceiling cavity reflectance 80%
25 Wall reflectance 50%
26 Floor cavity reflectance 20%
27 (2) Light loss factor. A light loss factor (LLF) of 0.70
28 shall be used.
29 SUBCHAPTER I
30 ALTERNATIVE SYSTEMS
19790H0080B4044 - 43 -
1 Section 237. Performance alternative.
2 Alternative building systems and equipment design may be
3 approved by the department when they can be shown to have energy
4 consumption not greater than that of a similar building with
5 similar forms of energy requirements, designed in accordance
6 with the provisions of this act or when they can be shown to
7 have energy consumption not greater than that which shall be
8 established by the department with the approval of the Building
9 Energy Conservation Committee, for the purposes of this section:
10 Provided, however, That for all buildings classified as Use
11 Group R-3 alternate building systems and equipment design which
12 satisfy the criteria of this section shall not require the
13 approval of the department but the use of such an alternate
14 building system or equipment design shall be indicated in the
15 warranty provided in section 306.
16 Section 238. Nondepletable sources; exemption.
17 When such alternative systems utilize solar, geothermal, wind
18 or other nondepletable energy sources for all or part of their
19 energy sources, such nondepletable energy supplied to the
20 building shall be excluded from the total energy chargeable to
21 the proposed alternative design. Any structure that is designed
22 and built free of any dependence on depletable energy sources
23 shall be exempt from the provisions of section 239 and any other
24 provisions of this act.
25 Section 239. Documentation.
26 Proposed alternative designs, submitted to the department as
27 requests for exception to the standard design criteria, must be
28 accompanied by an energy analysis prepared in accordance with
29 the ASHRAE Standard 90-75.
30 SUBCHAPTER J
19790H0080B4044 - 44 -
1 USE GROUP R-3 PRESCRIPTIVE STANDARDS
2 Section 240. Minimum insulation requirements for Use Group R-3.
3 EXCEPT AS PROVIDED IN SECTION 237, Use Group R-3 buildings <--
4 shall be constructed utilizing the following minimum insulation
5 standards:
6 Ceilings R - 19
7 Exterior Walls R - 13
8 Floors Over Unheated Basements
9 and Crawl Spaces * R - 11
10 * Basements containing a furnace
11 and/or hot water heater may be
12 considered heated
13 Edge Insulation for:
14 Heated Slabs R - 6.3
15 Unheated Slabs R - 4.2
16 Windows Multiglazing
17 Entrance Doors R - 2.5
18 Sliding Glass Doors (if applicable) Multiglazing
19 Ducts in Unheated Areas R - 3
20 CHAPTER 3
21 APPLICATION OF STANDARDS: ESTABLISHMENT
22 OF COMMITTEE AND PENALTIES
23 Section 301. Modification of standards; criteria.
24 (a) Recommendations to General Assembly.--The department,
25 with the approval of the Building Energy Conservation Committee
26 established pursuant to section 304, after one or more public
27 hearings, may recommend to the General Assembly modifications to
28 the energy conservation standards contained in Chapter 2 hereof.
29 Any recommended modification to the energy conservation
30 standards shall meet the following criteria:
19790H0080B4044 - 45 -
1 (1) It shall be consistent with the latest and most
2 effective technology.
3 (2) It shall not be in conflict with existing safeguards
4 for public health and safety.
5 (3) It shall be economically feasible as determined by
6 life-cycle-cost procedures.
7 (4) It shall be sufficiently stringent to effect a
8 significant savings of energy resources.
9 (5) It shall be a performance standard for the design of
10 buildings and systems within buildings to assure maximum
11 practical conservation of energy.
12 (6) Consideration shall be given to building and energy
13 standards promulgated by national and other state
14 governmental agencies, private organizations and any other
15 available energy data.
16 (b) Federal performance standards.--In the event that the
17 Federal Government promulgates performance standards that are
18 inconsistent or more stringent than the standards detailed in
19 this act, and the Federal Government mandates the states to
20 enact legislation to comply with its standards, then the
21 department, with the approval of the Building Energy
22 Conservation Committee, may modify the energy conservation
23 standards contained in this bill without the approval of the
24 General Assembly, in order to comply with the Federal standards.
25 Section 302. Application of energy conservation standards.
26 The energy conservation standards contained herein or as
27 promulgated by the department with the approval of the Building
28 Energy Conservation Committee shall apply to new buildings or to
29 renovations on which actual construction and/or design has not
30 commenced prior to their effective dates. No EXCEPT FOR THE <--
19790H0080B4044 - 46 -
1 AUTHORITY OF THE DEPARTMENT OF COMMUNITY AFFAIRS TO PROMULGATE
2 RULES OR REGULATIONS FOR ALL UNITS SUBJECT TO THE ACT OF MAY 11,
3 1972 (P.L.286, NO.70), KNOWN AS THE "INDUSTRIALIZED HOUSING
4 ACT," PROVIDED SUCH STANDARDS ENVOKED ARE EQUAL TO OR MORE
5 STRINGENT THAN THOSE CONTAINED IN THIS ACT, OR AS MANDATED BY
6 FEDERAL LAW EXCEPT FOR THE AUTHORITY OF THE PUBLIC UTILITY <--
7 COMMISSION TO PROMULGATE RULES OR REGULATIONS OR TO APPROVE
8 UTILITY TARIFF RULES ENVOKING STANDARDS EQUAL TO OR MORE
9 STRINGENT THAN THOSE CONTAINED IN THIS ACT. NO, NO department,
10 board, agency or commission other than as provided herein, shall
11 promulgate or adopt any rules or regulations which are
12 inconsistent with the standards contained in Chapter 2,
13 Subchapters D through J or promulgated under Chapter 4 of this
14 act except as mandated by Federal law.
15 Section 303. Energy conservation manual for buildings.
16 (a) Production of manual.--Concurrent with the adoption of
17 the energy conservation codes required by this act, the
18 department in conjunction with the Governor's Energy Council
19 shall produce an energy conservation manual for use by
20 designers, builders, contractors of residential and
21 nonresidential buildings, and municipalities of the
22 Commonwealth. This manual shall contain the established
23 standards and accepted practices. The manual shall further
24 contain prescriptive standards which, if complied with, will
25 result in conformance with the performance standards contained
26 herein or as promulgated by the department and shall be written
27 in such manner as to be easily understood by persons possessing
28 a minimal technical background. The manual shall be furnished
29 upon request to members of the public at a price sufficient to
30 cover the cost of printing.
19790H0080B4044 - 47 -
1 (b) Review of manual.--The manual shall be reviewed by the
2 department and the Building Energy Conservation Committee at
3 least annually and shall be updated as significant new energy
4 conservation information becomes available.
5 (c) Educational programs.--The department in conjunction
6 with the Governor's Energy Council shall provide seminars and
7 other educational programs throughout the Commonwealth to
8 provide information and counseling to builders, architects,
9 other licensed design professionals, local building officials
10 and other persons affected by this act on the standards
11 contained herein or as promulgated by the department.
12 Section 304. Building Energy Conservation Committee.
13 (a) Composition of committee.--In order to further the
14 coordinated and effective administration of this act, there is
15 hereby established within the Governor's Energy Council a
16 Building Energy Conservation Committee. It shall consist of
17 twelve members, the membership of which shall be appointed by
18 the Governor. The committee shall consist of the following
19 members or their designees:
20 (1) Two representatives of State Government.
21 (2) One representative of local government.
22 (3) One licensed professional engineer.
23 (4) Two building contractors, one residential and one
24 industrial.
25 (5) One licensed architect.
26 (6) One representative of the energy supply industry.
27 (7) Four representatives of such other agencies and
28 organizations or individuals as the Governor may find are
29 necessary and proper to carry out the purposes of the
30 committee.
19790H0080B4044 - 48 -
1 (b) Powers and duties.--In addition to the powers and duties
2 enumerated in this act, the Building Energy Conservation
3 Committee shall:
4 (1) Be responsible for the regular exchange of
5 information and plans regarding building energy conservation,
6 for the development, review and approval of proposed and
7 existing standards, guidelines, regulations, and manuals.
8 (2) Elect from its members a Board on Variances.
9 (c) Expenses.--The members of the committee shall not
10 receive any compensation for their services but shall be
11 reimbursed for their actual and necessary expenses incurred in
12 the performance of their duties. Provided, however, when acting
13 on matters concerning variances members of the Board on
14 Variances shall receive $50 per day plus their actual and
15 necessary expenses.
16 Section 305. Certification.
17 (a) Applicability.--The provisions of this section shall
18 apply to all buildings subject to this act except those
19 classified as Use Group R-3.
20 (b) Compliance with act.--It shall be the duty of the
21 licensed design professional retained in connection with the
22 design or construction of a building to certify THAT, IN HIS <--
23 PROFESSIONAL OPINION AND IN ACCORDANCE WITH THE ACCEPTED
24 STANDARDS OF HIS PROFESSION, the drawings, specifications and
25 other data showing WILL ACHIEVE compliance with the provisions <--
26 of this act, except as provided in subsection (e). All such
27 information required in this provision to be submitted to the
28 department must be accompanied by a filing fee of $10. The
29 filing fee may be subject to change by the Building Energy
30 Conservation Committee upon the recommendation of the department
19790H0080B4044 - 49 -
1 to the Building Energy Conservation Committee, provided,
2 however, that advance notice of such change has appeared in the
3 Pennsylvania Bulletin. If the building is subject to the
4 provisions of the act of April 27, 1927 (P.L.465, No.299),
5 referred to as the Fire and Panic Act, the certification
6 required hereunder shall be submitted on a form with the
7 application for plan approval under the said Fire and Panic Act.
8 (c) Inspection.--Each licensed design professional retained
9 by the owner or his designee, where any of such are retained
10 during the construction of a building, shall make periodic
11 inspections of the building progression to insure compliance
12 with this act, except as provided in subsection (e).
13 (d) Final certification.--Each licensed design professional
14 retained by the owner shall make a final certification of every
15 completed building showing STATING THAT, IN HIS PROFESSIONAL <--
16 OPINION AND IN ACCORDANCE WITH THE ACCEPTED STANDARDS OF HIS
17 PROFESSION, SUCH BUILDING HAS BEEN CONSTRUCTED IN compliance
18 with the provisions of this act, except as provided in
19 subsection (e).
20 (e) Certification by builder.--If a licensed design
21 professional is not retained in connection with the design and
22 construction of a building, it shall be the responsibility of
23 the builder or owner, if he is the builder, to perform the
24 inspections and certification required by this section including
25 payment of the filing fee.
26 Section 306. Use Group R-3; notice; warranty.
27 (a) Notice.--Prior to construction of any building
28 classified as Use Group R-3, the builder shall notify the
29 department by certified mail of his intent to begin
30 construction. Such notice shall include a filing fee of $5 and
19790H0080B4044 - 50 -
1 contain the name of the owner of the building and its location.
2 The filing fee may be subject to change by the Building Energy
3 Conservation Committee, upon the recommendation of the
4 department to the Building Energy Conservation Committee,
5 provided, however, that advance notice of such change has
6 appeared in the Pennsylvania Bulletin.
7 (b) Warranty.--At the time a contract for the construction
8 of any building classified as Use Group R-3 is entered into, the
9 builder shall warrant to the owner in writing that the building
10 shall be constructed in accordance with the provisions of this
11 act. Such warranty shall be a document separate from the
12 contract and shall be in the following form:
13 I, (Builder) , hereby warrant to (Owner) that the
14 premises known as (Description)
15 shall be constructed in accordance with the provisions of the
16 Act of __________, 19__, No.____, known as the "Building Energy
17 Conservation Act."
18 This law provides building standards to make your home energy
19 efficient and also provides you with legal remedies if your home
20 is not built according to the State standards. If you would like
21 the State to do an energy audit of your home to determine if it
22 conforms to State standards, you may call the Pennsylvania
23 Department of Community Affairs at (Telephone) , and they will
24 perform an inspection of your home for a fee of $35.
25 Indicate if alternate building system or equipment design is
26 being employed.
27 (c) If the builder is also the owner of the building at the
28 time of construction, he shall provide the warranty required by
29 subsection (b) at the time of its initial sale to a new owner.
30 Such warranty shall be in substantially the same form as
19790H0080B4044 - 51 -
1 provided in subsection (b).
2 (d) Failure to provide notice.--The Department of Community
3 Affairs, after hearing, may assess a civil penalty payable to
4 the Commonwealth of Pennsylvania not to exceed $100 upon any
5 builder who fails to give the notice required by subsection (a).
6 In determining the amount of the civil penalty, the Department
7 of Community Affairs shall consider the willfulness of the
8 violation and the cost incurred by the department in discovering
9 the violation.
10 (e) Failure to provide warranty.--Whenever a builder fails
11 to provide the warranty required by subsection (b) or (c) such
12 required warranty shall constitute an implied warranty and the
13 owner's right to proceed under section 315(a) shall not be
14 affected. If it is established by a preponderance of the
15 evidence that the builder's failure to provide the warranty was
16 willful, then damages in twice the amount provided in section
17 315 may be awarded.
18 Section 307. Variances.
19 (a) Requests.--Any request for a variance from the energy
20 conservation standards contained herein shall be made to the
21 Board on Variances of the Building Energy Conservation Committee
22 and a decision on such request shall be made within 30 days of
23 its filing.
24 (b) Criteria.--A variance shall be granted only if it is
25 found that:
26 (1) compliance with the provisions of this act would
27 result in extreme hardship to the owner; and
28 (2) the granting of such variance would not result in a
29 significant increase in the energy usage of the building.
30 Section 308. Building permits.
19790H0080B4044 - 52 -
1 Any building permit issued by the Commonwealth or any of its
2 political subdivisions shall have printed upon its face notice
3 that the provisions of this act must be complied with.
4 Section 309. Permits for use or occupancy.
5 Before any building or structure hereafter constructed, other
6 than a building NOT SUBJECT TO THIS ACT, OR THOSE classified as <--
7 Use Group R-3, shall be used or opened for occupancy, the owner
8 thereof shall notify the department of the completion of the
9 building for the purposes of this act and submit the necessary
10 certification therewith: Provided, however, That if a
11 municipality elects to administer the provisions of this act
12 under Chapter 5 such notice and certification shall be submitted
13 to the municipality which shall forward a copy of the notice to
14 the department. No permit for use or occupancy shall be granted
15 until such submission has been made. No building official of the
16 Commonwealth or any of its political subdivisions shall issue a
17 permit until he has received proof of such compliance. Where the
18 certificate has been submitted to the department, presentation
19 to the building official of the mailing receipt together with a
20 copy of the certification required by section 305 shall
21 establish proof of compliance for the purposes of this section.
22 Upon such presentation any building official of the Commonwealth
23 or any of its political subdivisions shall issue a permit for
24 use or occupancy, provided all other criteria for such a permit
25 have been satisfied and said building official shall notify the
26 department that he has issued the same.
27 Section 310. Failure to submit certification.
28 Whenever the owner of any building, other than a building
29 classified as Use Group R-3, shall fail to give the notice and
30 submit the necessary certification in accordance with section
19790H0080B4044 - 53 -
1 309 and shall nevertheless proceed with the use or occupancy of
2 the building, the department or the municipality shall serve
3 notice on the said owner that he is in violation of this act and
4 order him to comply therewith.
5 Section 311. Inspections.
6 The department may perform a nondestructive inspection within
7 two years of the date of completion of construction of any
8 building constructed after the effective date of this act to
9 determine compliance with the provisions of this act, provided
10 at least 30 days notice has been given to the owner. The costs
11 of any such inspection initiated by the department shall not be
12 assessed on the owner. The department may also cause such an
13 inspection to be performed at the request of the owner of any
14 building subject to this act. The fee for such an inspection
15 upon request under section 306(b) for R-3 buildings is $35. The
16 fee for inspections performed upon request for all other
17 buildings subject to this act shall be determined by the
18 department at such an amount as to cover the necessary costs of
19 the inspection.
20 Section 312. Appeals.
21 Review of any decisions rendered under the provisions of this
22 act shall be brought in the court of common pleas of the county
23 wherein the building is situated. Such review shall be limited
24 to determining whether any such decision was arbitrary and
25 capricious.
26 Section 313. Penalties.
27 (a) Applicability.--The provisions of this section shall
28 apply to all buildings subject to this act except those
29 classified as Use Group R-3.
30 (b) Violations of act.--Any person who shall willfully or
19790H0080B4044 - 54 -
1 negligently violate any of the provisions of this act, or the
2 rules and regulations or the orders for the enforcement of the
3 said provisions or rules and regulations issued by duly
4 authorized officers of the department or who shall hinder, delay
5 or interfere with any officer charged with the enforcement of
6 this act in the performance of his duty, shall, upon conviction
7 thereof, be punished by a fine of not more than $300 and costs.
8 In the event of violation of more than one provision of this
9 act, the violation of each provision shall be deemed a separate
10 and distinct offense for the purposes of this section.
11 (c) Institution of proceedings.--Prosecutions for violations
12 of this act or the rules and regulations of the department may
13 be instituted by the Secretary of Labor and Industry or under
14 his directions by an authorized representative of the
15 department. Upon conviction after a hearing in a court of
16 competent jurisdiction, the sentences provided in this act shall
17 be imposed and shall be final unless an appeal be taken in the
18 manner prescribed by law.
19 (d) Disposition of fines.--All fines collected under this
20 act shall be forwarded to the department who shall pay the same
21 into the State Treasury for the use of the Commonwealth.
22 (e) False certification.--Any architect or other licensed
23 design professional who willfully provides a false certification
24 for any building subject to the provisions of this act shall be
25 subject to the suspension or revocation of his license by the
26 State Board of Examiners of Architects or other applicable State
27 licensing board.
28 Section 314. Enforcement.
29 (a) Applicability.--The provisions of this act shall apply
30 to every building enumerated in this act, including buildings
19790H0080B4044 - 55 -
1 owned in whole or in part by the Commonwealth or any political
2 subdivision thereof, and with the exception of those buildings
3 NOT INCLUDED IN THIS ACT OR THOSE classified as Use Group R-3, <--
4 shall be enforced by the Secretary of Labor and Industry, by and
5 through his authorized representatives.
6 (b) Powers of officers.--For the purpose of enforcing the
7 provisions of this act, all the officers charged with its
8 enforcement shall have the power to enter any of the buildings
9 enumerated in this act, and no person shall hinder or delay, or
10 interfere with any of the said officers in the performance of
11 his duty, nor refuse any pertinent information necessary to
12 determine whether the provisions of this act and the rules and
13 regulations herein provided for, are or will be complied with.
14 Section 315. Civil action.
15 (a) Use Group R-3.--The owner of any building subject to the
16 requirements of section 306 who is aggrieved as the result of
17 such building not being properly designed or constructed in
18 conformance with this act shall have a right of action for
19 breach of warranty. Remedies may include specific performance or
20 an award of damages in an amount not less than $300. Attorney's
21 fees shall be recoverable in any action in which the owner
22 prevails. Any such award shall further provide for payment of
23 the actual costs in excess of $35 incurred by the department if
24 it inspected the building for the owner and the owner shall
25 remit such amount to the department.
26 (b) Other buildings.--The owner of any building, other than
27 a building NOT INCLUDED IN THIS ACT OR THOSE classified as Use <--
28 Group R-3, at the time of its design or construction under the
29 provisions of this act who is aggrieved as the result of such
30 building not being properly designed or constructed in
19790H0080B4044 - 56 -
1 conformance with THE CERTIFICATE ISSUED UNDER SECTION 305 OF <--
2 this act shall have a right of action against any person who is
3 required to submit the SUCH certificate. required by section 305 <--
4 (c) Limitation of action.--
5 (1) No action brought under subsection (a) shall be
6 maintained unless brought within three years from the date of
7 the warranty.
8 (2) No action brought under subsection (b) shall be
9 maintained unless brought within three years from the date of
10 completion of the building.
11 CHAPTER 4
12 ADOPTION OF FUTURE STANDARDS
13 Section 401. Adoption and promulgation of standards.
14 The department, with the approval of the Building Energy
15 Conservation Committee, shall, after one or more public
16 hearings, adopt and publish energy conservation standards for
17 all buildings covered by this act in accordance with the
18 provisions of the act of July 31, 1968 (P.L.769, No.240), known
19 as the "Commonwealth Documents Law." The purpose of such
20 standards is to reduce wasteful or uneconomic consumption of
21 energy by balancing the cost of energy procurement against the
22 cost of energy-conserving building practices. The energy
23 conservation standards shall meet the following criteria:
24 (1) They shall be consistent with the latest and most
25 effective technology.
26 (2) They shall not be in conflict with existing
27 safeguards for public health and safety.
28 (3) They shall be economically feasible as determined by
29 life-cycle-cost procedures.
30 (4) They shall be sufficiently stringent to effect a
19790H0080B4044 - 57 -
1 significant savings of energy resources.
2 (5) They shall be a performance standard for the design
3 of buildings and systems within buildings to assure maximum
4 practical conservation of energy.
5 (6) Consideration shall be given to building and energy
6 standards promulgated by national and other State
7 governmental agencies, private organizations and any other
8 available energy data.
9 CHAPTER 5
10 LOCAL ELECTION
11 Section 501. Election; Use Group R-3.
12 Any municipality of this Commonwealth may elect to administer
13 the provisions of this act relating to Use Group R-3 buildings,
14 as defined in section 103, except for units subject to the act
15 of May 11, 1972 (P.L.286, No.70), known as the "Industrialized
16 Housing Act" and the act of May 11, 1972 (P.L.281, No.69), known <--
17 as the "Uniform Standards Code for Mobile Homes." OR THOSE UNITS <--
18 SUBJECT TO TITLE VI (PUBLIC LAW 93-383) REFERRED TO AS THE
19 FEDERAL MOBILE HOME CONSTRUCTION AND SAFETY STANDARDS ACT OF
20 1974. Such election shall be made by resolution of the governing
21 body of such municipality which shall be in substantially the
22 following form:
23 The (city, borough, town, or township) of____________________
24 hereby elects to administer the provisions of the act
25 of____________, 19__, No._______ known as the "Building
26 Energy Conservation Act" for Use Group R-3 buildings as defined
27 therein.
28 Section 502. Election; cities of the first, second and second
29 class A.
30 Any city of the first class, second class and second class A
19790H0080B4044 - 58 -
1 may elect to administer the provisions of this act for all
2 buildings subject hereto, except for units subject to the act of
3 May 11, 1972 (P.L.286, No.70), known as the "Industrialized
4 Housing Act" and the act of May 11, 1972 (P.L.281, No.69), known <--
5 as the "Uniform Standards Code for Mobile Homes." OR THOSE UNITS <--
6 SUBJECT TO TITLE VI (PUBLIC LAW 93-383) REFERRED TO AS THE
7 FEDERAL MOBILE HOME CONSTRUCTION AND SAFETY STANDARDS ACT OF
8 1974. Such election shall be made by resolution of the governing
9 body of such city which shall be in substantially the following
10 form:
11 The city of________________hereby elects to administer the
12 provisions of the act of _________, 19__, No._______ known as
13 the "Building Energy Conservation Act."
14 Section 503. Powers of municipalities.
15 Any municipality electing to administer the provisions of
16 this act under section 501 or 502 shall exercise the same powers
17 conferred upon the department by this act, including the power
18 to institute proceedings for violations of the act, with the
19 exception of those powers specified in sections 301, 303 and in
20 Chapter 4. In addition, any such municipality may exercise such
21 other administrative and enforcement procedures as it shall deem
22 necessary to effect the purposes of this act including, but not
23 limited to, prior plan approval, building permit requirements,
24 use or occupancy permit requirements and inspections during the
25 course of construction.
26 Section 504. Variances.
27 Any municipality electing to administer the provisions of
28 this act under section 501 or 502 shall establish a Board on
29 Variances to make determinations on request for variance from
30 the energy conservation standards contained herein or as
19790H0080B4044 - 59 -
1 promulgated by the department with the approval of the Building
2 Energy Conservation Committee, and is authorized exclusive
3 jurisdiction to grant such variances, section 307(a)
4 notwithstanding. A variance shall only be granted if the
5 criteria of section 307(b) have been satisfied.
6 Section 505. Disposition of fines and fees.
7 Any fines or fees collected under this act by any
8 municipality electing to administer the provisions of this act
9 under section 501 or 502 shall be retained by the municipality,
10 section 313(d) notwithstanding.
11 CHAPTER 6
12 REPORT TO GENERAL ASSEMBLY
13 Section 601. Report to General Assembly.
14 Thirty months after the effective date of this act, the
15 department shall report to the General Assembly the results of
16 the inspections it has performed under this act together with a
17 report on public compliance with this act. The report shall also
18 document the amount of money that the department received
19 pursuant to this act and the dispensation of these funds. In
20 addition, within 24 months of the effective date of this act,
21 the department shall obtain from every municipality electing to
22 enforce the provisions of this act a report containing
23 information similar to that required of the department under
24 this section. The department shall include such findings in its
25 report to the General Assembly.
26 Section 602. Effective date.
27 This act shall take effect as follows:
28 (1) Chapter 2 shall take effect July 1, 1980 1981 and <--
29 shall remain in full force and effect for a period of one
30 year after which time the provisions of Chapter 2 shall have
19790H0080B4044 - 60 -
1 no legal effect.
2 (2) Section 301 shall take effect January 1, 1980 1981 <--
3 and its provisions shall remain in full force and effect for
4 a period of 18 months after which time said provisions shall
5 have no legal effect.
6 (3) Chapter 4 shall take effect July 1, 1981 1982. <--
7 (4) All other provisions of this act shall take effect
8 January 1, 1980 1981. <--
L13L54JLW/19790H0080B4044 - 61 -