Issue: DS 2015-086 – Petitioner, Mr. FRANK LAPETE and Responsible Energy Codes Alliance “RECA” seek a determination that all replacement fenestration in existing buildings must comply with U-factor and SHGC requirements consistent with R402.3.6, Florida Building Code, Energy Conservation, 5^th Edition (2014 irrespective of whether the building meet the code definition of “renovated building.)”

Background:

Situation: Mr. LaPete is the holder of an active current Certified General Contractor who has been requested to estimate a contract price of the installation of windows on an existing home located in Tallahassee, Florida, but is uncertain of the energy efficiency standards such replacement windows will be required to meet. Without such standard, LaPete is unable to specify the type of replacement windows and the costs thereof.

RECA is an unincorporated association consisting of construction product and equipment manufacturers, trade associations and other organization who promote energy conservation through thermal efficient building code requirements, a substantial number of which are directly affected by such code provisions, some of whom would have standing to file this petition on their own. The interests RECA seeks to protect are relevant to its organizational purposes.

Florida Statutes:

553.903 Applicability.—This part applies to all new and renovated buildings in the state, except exempted buildings, for which building permits are obtained after March 15, 1979, and to the installation or replacement of building systems and components with new products for which thermal efficiency standards are set by the Florida Building Code-Energy Conservation. The provisions of this part shall constitute a statewide uniform code.

553.902 Definitions.—As used in this part, the term:

(6) “Renovated building” means a residential or nonresidential building undergoing alteration that varies or changes insulation, HVAC systems, water heating systems, or exterior envelope conditions, if the estimated cost of renovation exceeds 30 percent of the assessed value of the structure.

5^th Edition (2014) Florida Building Code, Energy Conservation

CHAPTER 1 [RE] SCOPE AND ADMINISTRATION

R101.4 Applicability. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.

R101.4.3 Additions, alterations, renovations or repairs. Additions, alterations, renovations or repairs to an existing building, building system or portion thereof shall conform to the provisions of this code as they relate to new construction without requiring the unaltered portion(s) of the existing building or building system to comply with this code. Additions, alterations, renovations or repairs shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this code if the addition alone complies or if the existing building and addition comply with this code as a single building.

Exception: The following need not comply provided the energy use of the building is not increased:

…..

2. Glass only replacements in an existing sash and frame.

3. Surface applied window film on existing fenestration assemblies

-----

R101.4.7 Building systems and components. Thermal efficiency standards are set for the following building systems and components where new products are installed or replaced in existing buildings, and for which a permit must be obtained. New products shall meet the minimum efficiencies allowed by this code for the following systems

and components:

Heating, ventilating or air conditioning systems.

Service water or pool heating systems.

Lighting systems.

Replacement fenestration.

……

R101.4.8 Exempt buildings. Buildings exempt from the provisions of the Florida Building Code, Energy Conservation, include existing buildings except those considered renovated buildings, changes of occupancy type, or previously unconditioned buildings to which comfort conditioning is added. Exempt buildings include those specified in Sections R101.4.8.1 through R101.4.8.4.

R101.4.8.1 Federal standards. Any building for which federal mandatory standards preempt state energy codes.

R101.4.8.2 Hunting or recreational buildings less than 1,000 square feet. Any building of less than l,000 square feet (93 m2) whose primary use is not as a principal residence and which is constructed and owned by a natural person for hunting or similar recreational purposes is exempt from this code; however, no such person may build more than one exempt building in any 12-month period.

R101.4.8.3 Historic buildings. Any building meeting the criteria for historic buildings in Section R101.4.2.

R101.4.8.4 Low energy buildings as described in Section R101.5.2. Such buildings shall not contain electrical, plumbing or mechanical systems which have been designed to accommodate the future installation of heating or cooling equipment.

R402.3.3 Glazed fenestration exemption. Up to 15 square feet (1.4 m2) of glazed fenestration per dwelling unit shall be permitted to be exempt from U-factor and SHGC requirements in Section R402.1.1. This exemption shall not apply to the U-factor alternative approach in Section R402.1.3 and the Total UA alternative in Section R402.1.4.

R402.3.6 Replacement fenestration. Where some or all of an existing fenestration unit is replaced with a new fenestration product, including sash and glazing, the replacement fenestration unit shall meet the applicable requirements for U-factor and SHGC in Table R402.1.1.

SECTION R405 SIMULATED PERFORMANCE ALTERNATIVE (PERFORMANCE)

R405.1 Scope. This section establishes criteria for compliance using simulated energy performance analysis. Such analysis shall include heating, cooling, and service water heating energy only.

R405.2 Mandatory requirements. Compliance with this section requires that the mandatory provisions identified in Section R401.2 be met. All supply and return ducts not completely inside the building thermal envelope shall be insulated to a minimum of R-6.

Note: See attached.

Analysis:

Determination requested by the petitioners:

Petitioners seek a determination that all replacement fenestration in existing buildings must comply with U-factor and SHGC requirements consistent with R402.3.6, Florida Building Code, Energy Conservation, 5^th Edition (2014 irrespective of whether the building meet the code definition of “renovated building.)”

Petitioners’ Discussion and Proposed Findings:

Petitioners believe that consistent with Section R402.3.6 and Section R104.1.7 of the Florida Building Code-Energy Conservation, 5^th Edition (2014), where some or all of an existing fenestration unit is replaced with a new fenestration product, the new unit must meet the applicable U-factor and SHGC requirements of Table R402.1.1. Replacement fenestration is specifically listed among the “systems and components” in code section R101.4.7 that must meet specified thermal efficiency standards “where new products are installed or replaced in existing buildings” and is within the Commission’s authority to regulate the installation or replacement of building systems and components under Florida Statutes Section 553.903.

Thermal efficiency standards for replacement building systems and components established by the Commission under Florida Statutes Section 553.903 apply irrespective of whether the building meets the definition of “Renovated Building.” Although code section R101.4.8 lists “existing buildings” among several general categories of buildings which are exempt from the provisions of the code, the requirements for replacement fenestration and other components in existing buildings listed in Section R101.4.7 and R402.3.6 are specific, and under section R101.4 and by generally accepted rules of statutory interpretation, if there is any perceived conflict between code provisions, the more specific requirements govern over general requirements. Moreover, to completely exempt existing buildings from the Commission’s authority to regulate would run contrary to the more specific thermal efficiency standards set in sections R101.4.7 and elsewhere in the code, and would place the code in conflict with Florida Statutes. The Commission acted within its authority under Florida Statutes Section 553.903 when it set efficiency requirements for replacement fenestration in existing buildings in Florida Building Code, Energy Conservation, 5^th Edition (2014).