Adoption of IECC, local vs. state

[vegas paul]

Here's an interesting situation, not really looking for an answer, but comments are always welcome!

The State of Kansas adopted (in 2007) the 2006 IECC as its energy code for commercial and industrial buildings, but has no enforcement agency for this, and it is left up to the local jurisdictions to adopt or not adopt, etc. Also, in 2009 the governor accepted ARRA (H.R.-1) funds, which were part of the "stimulus" package, and one prerequisite to receiving these funds was to commit to the 2009 IECC for residential and ASHRAE 90.1 (2007) for commercial by 2017. Again, the state has no enforcement agency to achieve this, but they got the $$$! No edict from the state was made to the cities regarding this commitment.

Anyway, my city has NOT adopted (ever) any energy code, and I am trying to float the idea of getting on board with the 2006 as a baby-step approach to whatever will be required by the Feds in the years to come. Let's face it, the 2006 code is not that rigorous, and most of the buildings currently designed probably already meet it anyway. Naturally, there is resistance from the builders, and I am spoiled having just relocated from a city that embraced the IECC quite literally and strictly. So, any comments on this, similar situations out there?

 

[jpranch]

Follow the money...

 

[Uncle Bob]

When I was considering accepting my first job as a Building Official; I seeked out advise from several experienced people I knew; and, they all agreed on one thing:

"Don't make or attempt to make any changes for at least 6 months; and, be sure you have the support of the powers that be (and know who they are) when you do; if you want to stay."

I found that to be pretty good advise,

Uncle Bob

 

[mn joe]

The building industry is always resistant to change. If you can get any of the good builders to see that the energy code could be a good selling point to put the a step ahead of other builders you would at least have some allies.

good luck

Joe

 

[north star]

* * *

vegas paul,

Have you requested a clarification / guidance from the adopting state agency?

IMO, if they accepted the $$$$, then they should also be able to provide

some guidelines for enforcement, "UNLESS", they are like most state

agencies in that they accept the 'stimulus ' funds [ from Uncle Sammy ]

without any clear intention of use or who is to enforce what. The

accepting state agency simply issues a P.R. statement saying that they

are "all onboard with the new Energy guidelines, ...and saving energy,

...they are in full compliance with the new Energy codes & standards,

etc., etc.".

If they cannot [ or will not ] come up with a viable set of guidelines

for everyone to implement and monitor, then I would remain silent.

As Uncle Bob mentioned [ loose translation ], as you already know, if

you start stirring the pot early on, you will become a dart board

rather quickly.

Do you have full support, on many fronts, for this proposed policy

implementation?



* * *

 

[mtlogcabin]

Montana uses a self certification program that contractors acknowledge compliance with the energy code. I know it is the fox guarding the hen house but it would be a way for your jurisdiction to ease into energy code enforcement as you use the time to educate where they may be falling short.

Cities, towns and counties with building code jurisdictions are required to enforce the state energy code

in their jurisdictions. A listing of certified jurisdictions that have adopted building codes is available at

​

www.buildingcodes.mt.gov. Outside of these building code jurisdictions, builders are required to meetthe requirements of the energy code and show energy code compliance through a self-certification

process. This means that the builder is required to provide a written statement to the homeowner that the

house meets the state energy code requirements. The homebuilder or their agent provides this certification

​

by signing and dating the energy-efficient components label.

 

[Mark K]

It seems like the state will have to adopt the 2009 IECC in order to comply with the the conditions of the funding. Has the legislature taken action or has the Governor acted on his own?

 

[vegas paul]

A Kansas statute (KSA 66-1227) officially adopts the 2006 IECC for commercial/industrial buildings. The ARRA stimulus funds were accpeted in conjunction with a proclamation by the governor. No mandate has been received from the state for cities to adopt.

There is a lot of support for the IECC from some portions of the development community - I am NOT pushing this on my own! However, there is also the perception by some of the builders that this is more government interference. I was just floating the idea, and I am appreciative of Uncle Bob's advice, I am not making waves!

 

[JayHawkInspector]

Hey I’m glad to see this post because it lets me know I’m not the only one going through the same thing. According to KSA 66-1228, “Kansas law requires the person building or selling a previously unoccupied new residential structure which is a single family or multifamily unit of four units or less shall disclose to the buyer or a prospective buyer, at any time upon request or prior to the signing of the contract to purchase and prior to closing if changes have occurred or are requested, information regarding the energy efficiency of the structure. For new residential structures that are completed and suitable for occupancy, but unsold, the completed disclosure form shall be made available to the buyer or a prospective buyer by the builder or seller when the residence is shown and at any other time upon request.” I tried to attach some information from the Kansas Energy Plan 2007 but couldn't because of there size so I'll quote from it, in this plan it clearly states, program success requires active participation of homebuilders and realtors without any provision for enforcement. That being stated here in Garden City the local codes deleted the energy section from the International Code (IBC & IRC) and the IECC wasn’t adopted. So I guess we will keep ignoring the state law and building sub standard housing and buildings because it will cost the builders more to build these structures and they can pass the higher energy cost on the owners who are unaware of what is happening.

 

[rktect 1]

While not in Kansas, I am in Illinois and the village I work for adopted the 2006 back in 2008. Illinois adoption has provided us with this tidbit.

(20 ILCS 3125/45) Sec. 45. Home rule.

(b) No unit of local government, including any home rule

unit, may regulate energy efficient building standards for

residential buildings in a manner that is either less or more

stringent than the standards established pursuant to this Act;

provided, however, that the following entities may regulate

energy efficient building standards for residential buildings

in a manner that is more stringent than the provisions

contained in this Act: (i) a unit of local government,

including a home rule unit, that has, on or before May 15,

2009, adopted or incorporated by reference energy efficient

building standards for residential buildings that are

equivalent to or more stringent than the 2006 International

Energy Conservation Code, (ii) a unit of local government,

including a home rule unit, that has, on or before May 15,

2009, provided to the Capital Development Board, as required by

Section 55 of the Illinois Building Commission Act, an

identification of an energy efficient building code or

amendment that is equivalent to or more stringent than the 2006

International Energy Conservation Code, and (iii) a

municipality with a population of 1,000,000 or more.

But we have been enforcing the 2009 while I await final word if we are actually able to follow the 2006.

So while most of Illinois is under the 2009 IECC, it appears that we may very well not be.

 

[peach]

Hi VP..

They better commit that money for energy enforcement.

Stimulus package, whether you agree with it or not, have some very specific transparency provisions when you accept the money. In 2017 President Palin, or whoever the tea party gets elected is certainly going to start trying to account for that money.

 

[vegas paul]

Peach - I agree, of course the money was accepted at the state level (where the "committment" was made to the IECC), and none of the money has been distributed to the ahj's. Of course, most of the ahj's haven't adopted the energy codes, so it will be an interesting forensic accounting challenge.

 

[peach]

wow.. for once, I'm speechless, vegas..

 

[Architect1281]

VP

and as a penalty for acceptance of the funds the accepting athourity must document

that by 2017 NINETY PERCENT (thats 90%) of new and renovated construction

is in compliance with that code. can u say OUCH!!

We have done this in RI STATEWIDE and are currently training - of course we have had energy code enforcement since the 90's

and the task is still daunting in a state of 1 million

 

[peach]

Kansas may have some problems in 7 years. If you accept the money, it needs to get used.

 

[vegas paul]

Peach - I certainly agree! But the local jurisdictions didn't accept the money, and the state (which did), doesn't have any mechanism to mandate or enforce building/energy codes. Each municiaplity determines 1) if any codes are adopted, 2) which codes are adopted, 3) any amendments to adopted codes. A small portion of ahj's have adopted the IECC, whereas most have not. The commitment by the state to meet the Fed's requirements for the ARRA money was a hollow promise, since the state has no ability to dicate to home-rule municipalities unless they make it a Statute (they haven't, and there is nothing on the horizon indicating the are even aware of this issue).

Oh well, thanks for the input and now back to more pressing issues!

 

[Code Neophyte]

As Rktect indicated above, Illinois also salivated at the prospect of receiving $100m in ARRA money, and adopted the '09 under emergency rules to expedite the process. Illinois, too, has no enforcement agency (yet...), but has abrogated home rule authority and made it mandatory in all of the state. It was asked in a meeting I attended, "what if we (local building code jurisdiction) don't enforce it?", and the response was - if it is determined that a jurisdiction is not enforcing the code, that city/county may lose state and federal funding for other programs not related to the building department.