The Building Technologies Office (BTO) supports the development and implementation of residential and commercial building energy codes by engaging with government and industry stakeholders, and by providing technical assistance for code development, adoption, and compliance. Through advancing building codes, we aim to improve building energy efficiency and to help states achieve maximum savings. For more information, visit energycodes.gov.
A few months ago, we discussed what building energy codes are, and more recently we looked at how they are developed and what role the U.S. Department of Energy (DOE) plays in that process. Today, we are going to take a look into the next step—how codes are adopted.
The Building Energy Codes Program
Assesses the savings impacts of model energy codes, calculating energy, cost, and carbon savings
Coordinates with key stakeholders to improve model energy codes, including architects, engineers, builders, code officials, and a variety of other energy professionals
Reviews published codes to ensure increased energy savings, such as the International Energy Conservation Code (IECC) and Standard 90.1
Tracks the status of energy code adoption across the U.S. and provides technical assistance to states implementing updated codes
Provides a variety of educational and training resources and assists states working to measure and improve code compliance
Administers a Help Desk to assist individual code users with questions about energy codes.
First, here are a few key points:
Building codes are state laws. The U.S. does not have a national building code or energy code; instead, states or local governments can choose to adopt one of the national model energy codes, a modified version of the model code, or their own state-specific code.
Energy codes are just one of many building codes, such as fire, electrical, structural, or plumbing.
Energy codes are different than appliance and equipment standards. Energy codes cover the building itself—for example, the walls/floors/ceiling insulation, windows, air leakage, and duct leakage. Appliance and equipment standards cover the things that go into the buildings. However, there is some overlap, particularly in lighting.
Now, here are the three key primary components of the energy codes process and DOE’s role within them. It’s important to know that DOE’s Building Energy Codes Program is statutorily directed to participate in each of these phases.
1. CODE DEVELOPMENT
How it works: National model energy codes are developed by two private organizations, ASHRAE and the International Codes Council. ASHRAE develops the model commercial energy code, known as 90.1. The International Code Council developed the International Energy Conservation Code (IECC), which contains chapters for both residential and commercial buildings. Any interested party can participate in the development processes by submitting proposals to change the code and commenting on others’ proposals. The code cycle is continuous, with new codes being developed every three years. Final versions of each new edition are determined by a vote of the 90.1 committee members for ASHRAE and by the International Code Council membership for the IECC.
DOE’s role: DOE participates in both the ASHRAE and ICC development processes, but has no special status. DOE develops and submits code change proposals that strive to make cost-effective, energy-efficient upgrades to current model codes. After each new model code is published, DOE also must determine if the new version saves energy relative to the old version.
2. CODE ADOPTION
How it works: Most codes are adopted at the state level, though, in about 10 states they are adopted by cities. State adoption can occur directly by legislative action, or through regulatory agencies authorized by the legislature. Cities adopt codes through their mayors, councils, or committees depending on their form of government. Once adopted, the code becomes law within a particular state or local jurisdiction.
DOE’s role: DOE provides technical assistance to state and local governments to support their adoption processes. DOE responds to state and local requests and it also develops customized reports for every state detailing the benefits of upgrading to the current model codes. To ensure that its information is used effectively, DOE works with the Regional Energy Efficiency Organizations (REEOs) and the National Association of State Energy Officials (NASEO) who have connections in almost every state and often participate directly in the adoption processes. DOE support also includes tracking state adoption status, coordinating activities among stakeholders, and technical analysis.
3. CODE COMPLIANCE
How it works: The key to realizing the full savings potential of building energy codes is by ensuring that builders are complying with them. Design and construction professionals are most likely to comply with the code when they are given education and training, particularly after a new code is adopted. Enforcement is almost always done by building permit office staff at the local (city) level who typically review plans first to ensure they are compliant and then conduct field inspections to verify that the plans are being followed during construction.
DOE’s role: DOE develops and regularly updates software (REScheck and COMcheck) to simplify and clarify compliance with model energy codes and standards, as well as a number of state-specific energy codes. DOE also develops education and training materials that are available free and used by governments, organizations, and trainers across the country.
DOE has also developed an affordable methodology for states and cities to determine energy and dollar savings opportunities associated with increased energy code compliance in single-family homes. Field studies based on the methodology have already been implemented in nine states with more underway. The data that comes from these studies helps focus education and training programs and provides a basis for utilities and states to determine whether such programs will be cost-effective. DOE is currently developing a parallel methodology for the commercial sector.
Building energy codes set minimum energy efficiency levels, but those savings are never realized unless states and localities actually adopt them. State adoption usually occurs through either legislative action or through regulatory agency actions. In some states, codes are adopted by local governments (“home rule”), generally through an action of the city or county. In all cases, once the code is adopted, it becomes law within the adopting jurisdiction. While adoption procedures are set by individual states, federal statute provides specific timelines for states to review and/or update their energy codes (based on the model codes), and to submit code adoption certifications to DOE.
There are almost as many ways to adopt a code as there are states, but the following sections describe processes most commonly used around the country.
How it Works: Federal statute directs DOE to review each newly published edition of the model energy codes and to issue a determination as to whether the updated codes would result in increased energy efficiency in residential and commercial buildings. When a code results in increased energy efficiency (based on DOE’s review), the statute then requires states to review and/or update their building energy codes based on the new model codes. States are given two years to accomplish this process and certify their new code based on the updated model code.
STATE GOVERNMENTS
Legislative Actions: A legislature can adopt a new energy code by title (e.g. the 2015 International Energy Conservation Code) or, more commonly, by directing either a one-time administrative action (“the Building Codes Department will adopt a new energy code by December 31”) or by putting in place an ongoing process. In Maryland, for example, there is a permanent law that requires the state to adopt each new version of the national model code within 18 months of when it is published. In Washington, however, a state law passed in 2009 that requires that energy codes reduce building energy use by 70% by 2031. Like all legislation, there is a process of hearings, public commentary, and revisions followed by a formal vote, and ending with an approved bill being signed into law by the governor.
Regulatory Action: Each state that adopts statewide building codes has an agency charged with administering them. To begin the adoption of a new code, the state agency typically releases a public notice of its intent, which includes the name of the code being considered, and often convenes a selected group of representative stakeholder interests. In almost all cases, the public then has the opportunity to review the proposed code and formally submit proposals to modify it. These proposals are heard by and voted on by either agency staff or a committee composed of representative stakeholders (such as builders, tradespeople, architects and engineers, product manufacturers, and efficiency advocates) selected by the agency, the legislature or the governor. This phase largely mimics the national code development process (described in our previous post). The results of this process are then incorporated into a revised code that the agency staff or committee votes to formally adopt. The adoption process may require a variety of approvals from other state agencies, the legislature, or the executive branch to become official. Overall, the regulatory process is lengthier than legislative action but may allow greater opportunity for local citizen participation.
LOCAL GOVERNMENTS
Home-rule states vary in the authority given to local governments. The range of options are:
No statewide code is adopted and the local government can select any code (e.g. Colorado, Arizona, and Wyoming).
Statewide code is adopted and local government may adopt that code as-is or may make only strengthening amendments (e.g. Maryland, Texas, the Washington state commercial code).
Regardless of how it is done, the actual process mirrors the just-described regulatory process with the city council or mayor’s office either convening a committee or directing the local building department to adopt a new code. In all of the above cases – legislative, regulatory, or local – the adoption process stipulates an effective date for the new code, usually one to six months after the adoption date, which is the point at which newly permitted buildings need to comply with the requirements of the new code. The time between the adoption date and the effective date allows building officials and design and construction professionals to become familiar with the new requirements.
DOE’S ROLE: TECHNICAL ASSISTANCE
How it works: The DOE’s Building Energy Codes Program is directed by statute to help states adopt the most recent version of the national model energy codes. DOE does not typically participate directly in state and local code adoption processes; instead, it provides technical assistance to states and local governments to aid their processes. This includes a variety of useful services, such as:
Analysis of code improvements and amendments, associated energy and cost savings, and economic and environmental benefits of upgrading to new codes.
Coordination with affected national, state, and local interests to encourage code adoption, including an annual energy codes conference to promote the sharing of information and dissemination of resources across states and other stakeholders.
Free compliance tools to assist with code implementation – REScheck™ and COMcheck™ – based on the most recent editions of the model codes. These programs are widely used by builders and code officials to check compliance and are explicitly referenced by some state codes.
Code Review and Analysis: DOE reviews newly published model codes and issues guidance as to whether they will increase energy efficiency. Following this, DOE conducts a variety of energy and cost analyses to assess the savings associated with codes. DOE also assists states in evaluating their codes, helping adapt the model codes to their individual needs, providing state-level savings analysis, and other forms of support to ensure codes are well-understood and cost-effective to home and business owners. In addition, DOE receives and tracks state certifications indicating that they’ve reviewed and/or updated their codes based on the model energy codes, as directed by federal statute.
Tracking Energy Code Adoption: The DOE tracks energy code adoption and implementation across the United States and reports the status by state for both residential and commercial codes. This provides transparency and a better understanding of what is happening across the U.S. in building energy codes. Individual profiles include the impact codes within each state, the current code version and any state modifications, as well as information on the responsible government agencies and primary contacts for a particular area.
For more information on DOE’s support for building energy codes and code adoption, visit the Building Energy Codes Program website at www.energycodes.gov.
Zeljko Serdar, CCRES Team
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