ISSUE: DS 2013-092. Petitioner seeks a Declaratory Statement on an interpretation of Section 101.4.7 of the 2010 Florida Building Code, Energy Conservation.

Petitioner in DS 2013-092 seeks clarification of the following questions:

Question 1: In Section 101.4.7.1.2, does HB 269 overturn the code requirements for heat load calculations?

Question 2: In Section 101.4.7.1.2, Is the Design Star heat load calculation program an approved method, for existing residential change outs? And is it approved for all brands of a/c units (presently used for Rheem and Carrier)? If it is an approved method, is its acceptance to be statewide (all building departments)? Can a local building department not allow it if ruled accepted?

Question 3: Does HB 269 overturn the code requirements for duct sealing as stated in 101.4.6.1.1? Is the duct sealing certification/form still required for existing residential change outs?

Background:

1. In his petition, Mr. Scott P. Greenberg, President of Temperature Systems, Inc,, requests clarification of certain provisions of HB 269 concerning Section 101.4.7 of the 2010 Florida Building Code, Energy Conservation. Mr. Greenberg is a state-certified air conditioning contractor who is currently in the process of performing a total residential air conditioner change out, replacing existing equipment with new equipment. It is assumed that the existing duct system will not be replaced.

2. HB 269 states, in part: “It is the intent of the Legislature that all replacement air-conditioning systems in residential applications be installed using energy-saving, quality installation procedures, including, but not limited to, equipment sizing analysis and duct inspection. Notwithstanding this section, existing heating and cooling equipment in residential applications need not meet the minimum equipment efficiencies, including system sizing and duct sealing.”

3. Section 101.4.7.1.2, Replacement equipment sizing (mandatory), states: “An A/C contractor or licensed Florida PE shall submit a nationally recognized method based sizing calculation to the code official at the time of permit application for total replacement of the condensing and evaporator components of HVAC systems in accordance with Florida law and the provisions of Section 403.6.1 or Section 503.2.1, as applicable.”

4. Section 101.4.7.1.1, Duct sealing upon equipment replacement (mandatory), states: “At the time of the total replacement of HVAC evaporators and condensing units, all accessible (a minimum of 30 inches (762 mm) clearance) joints and seams in the air distribution system shall inspected and sealed where needed using reinforced mastic or code approved equivalent and shall include a signed certification by the contractor that is attached to the air handler unit stipulating that the work has been accomplished. [with 3 exceptions].”

5. Section 101.4.7.1.3, Existing equipment efficiencies, states: “Existing cooling and heating equipment need not meet the minimum equipment efficiencies of Sections 403.6.2.2 or 403.6.2.3 except to preserve the original approval or listing of the equipment.”

6. Section 403.6.1, Equipment sizing, reads: “Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on the equipment loads calculated in accordance with Manual J or other approved heating and cooling calculation methodologies, based on building loads for the directional orientation of the building… The manufacturer and model number of the outdoor and indoor units (if split system) shall be submitted along with the sensible and total cooling capacities at the design conditions described in Section 302.1. This Code does not allow designer safety factors, provisions for future expansion or other factors which affect equipment sizing. System sizing calculations shall not include loads created by local intermittent mechanical ventilation such as standard kitchen and bathroom exhaust fans.”

7. Section 202, Definitions, defines the term “Approved” as: “Approval by the code official as a result of investigation and tests conducted by him or her, or by reason of accepted principles or tests by nationally recognized organizations.”

Staff Recommendations: Based on the above facts and circumstances, staff provides the following recommendations in answer to proponent’s questions:

To Question 1, In Section 101.4.7.1.2, does HB 269 overturn the code requirements for heat load calculations [for total equipment replacement]?, the answer is YES, HB 269 preempts system sizing for replacement of existing equipment.

To Question 2, In Section 101.4.7.1.2, Is the Design Star heat load calculation program an approved method, for existing residential change outs? the answer is that the code does not approve specific calculation methods; approval is by the code official.

And is it approved for all brands of a/c units (presently used for Rheem and Carrier)? the answer is that approval is by the code official.

If it is an approved method, is its acceptance to be statewide (all building departments)? the answer is that it’s acceptance is not statewide, but is reserved to the code official of the Authority Having Jurisdiction.

Can a local building department not allow it if ruled accepted? the answer is YES, the code official has the authority to not accept a given sizing calculation program.

To Question 3, Does HB 269 overturn the code requirements for duct sealing as stated in 101.4.6.1.1? the answer is YES, if the duct system itself is not replaced, HB 269 overturns the code requirements for duct sealing as stated in Section 101.4.6.1.1.

To the question Is the duct sealing certification/form still required for existing residential change outs?, the answer is YES, if the duct system itself is not replaced, HB 269 overturns the code requirements for duct sealing as stated in Section 101.4.6.1.1.