Staff
Analysis for Declaratory Statement Request
DS 2018-034
Issue: Petitioner seeks a Declaratory Statement on interpretation
of Section R405.4.2.1 and R405.4.2.2.
The petitioner has
submitted the following questions for clarification.
1. Is "indicating that the building passes
the performance matrix" (referenced in
R405.4.2.21tem 3)
the same task as confirming the as-proposed design from R405.3 (referenced in
R405.4.2.2 Item 2)?
1a) If the answer
is no, what is the reference for tasks/provisions/requirements in
the 'performance matrix'?
2. Can the paperwork (as
printed out from FBC
approved software) submitted
for
R405.4.2.1 also be used to meet R405.4.2.2?
2a) If the answer
is no, must the Florida Building Commission approve the certificate of
occupancy compliance report worksheet a jurisdiction develops in accordance
with R101.5.1?
3. If there is no
change to the proposed design during the course of the construction and all
required inspections to verify compliance are
performed, is there a need for the building
department to request the as-built compliance report
per Section 405 .4.2.2 prior to the issuance
of the certificate of occupancy?
4. If there are
changes to the proposed design during the course of the construction and the
compliance report is amended; and submitted for review
and approval prior to conducting the
required inspections, is there a need for the
building department to request the as-built
compliance report per Section 405.4.2.2 prior to the
issuance of the certificate of occupancy?
Background:
Situation:
The Petitioner,
Ashley Ong, Assistant Building Official, City of Winter Park seeks a
declaratory statement concerning Section 405.4.2.2 of the 6th
Edition (2017) Florida Building Code, Energy Conservation. The project in question is a new
single-family residence (SFR) at 1750 Walnut Ave, Winter Park, Florida – Building
Permit #18-321. This will be the 1st
SFR that will be regulated under the new provision of Section R405.4.2.2
Compliance report for certificate of occupancy. Multiple inspections have already been
performed on this project and no change so far was made to the proposed
design.
Since its inception
in 1977, the Florida Thermal Efficiency Code (commonly called the Energy Code)
has demonstrated compliance using a performance –based calculation methodology, that compares a standard design to a proposed
design. If the energy budget of the
proposed design is less than or equal to the standard design, then the proposed
house is considered to pass. The
calculation is subsequently confirmed through the inspection process by
building department as the house is actually built.
6th
Edition (2017) Florida Building Code, Energy Conservation
R101.5
Compliance.
Residential
buildings shall
meet the provisions of Florida Building Code, Energy Conservation—Residential
Provisions. Commercial buildings shall meet the
provisions of Florida
Building Code, Energy Conservation—Commercial Provisions.
R101.5.1 Compliance materials. The Florida
Building Commission shall approve specific computer software, worksheets,
compliance manuals and other similar materials
that meet the intent
of this code. Commission approved code compliance demonstration forms can be
found in Table R101.5.1.
R101.5.1.1 Residential ≤ 3 stories.
R101.5.1.1.1 Building thermal envelope
alternative.
An
accurately completed Residential Building Form R402 shall be submitted to the
code official to demonstrate code compliance by this method. Alternatively, a
Florida REScheck computer printout may be submitted to demonstrate compliance
by Sections
R402, R403 and R404.
R101.5.1.1.2
Simulated performance alternative.
An
accurately completed Residential Building Form R405 (generated by Commission
approved software) demonstrating that code compliance has been achieved shall
be submitted to the building official for compliance by Section R405.
SECTION R104 INSPECTIONS
R104.1 General. Construction or
work for which a permit is required shall be subject to inspection by the code
official or his or her designated agent, and such construction or work
shall remain
accessible and exposed for inspection purposes until approved. It shall
be the duty of the permit applicant to cause the work to remain accessible and
exposed for inspection
purposes. Neither the code
official nor the jurisdiction shall be liable for expense entailed in the
removal or replacement of any material, product, system or building component required
to allow inspection to validate compliance with this code.
R104.6
Reinspection and testing. Where any work or installation does not
pass an initial test or inspection, the necessary corrections shall be made to
achieve compliance with this
code. The work or
installation shall then be resubmitted to the code official for
inspection and testing.
R104.2.5
Final inspection. The building shall have a final inspection
and shall not be occupied until approved. The final inspection shall
include verification of the installation of all required building systems,
equipment and controls and their proper operation and the required number of
high-efficacy lamps and
fixtures.
R103.4
Amended construction documents. Work shall be installed
in accordance with the approved construction documents, and any changes made
during construction that are not
in compliance with
the approved construction documents shall be resubmitted for approval as
an amended set of construction documents.
R405.3
Performance-based compliance. Compliance based on simulated energy
performance requires that a proposed residence (proposed design) be
shown to have annual total normalized Modified Loads that are less than or
equal to the annual total loads of the standard reference design as
calculated in accordance with Appendix RC of this standard.
R405.4.2
Compliance report. Compliance
software tools shall generate a report that documents that the proposed design
complies with Section R405.3. A compliance report on the proposed design
shall be submitted with the application for the building permit. Upon
completion
of the building, a
compliance report based on the as-built condition of the building shall be
submitted to the code official before a certificate of occupancy is issued.
Batch sampling of buildings to determine energy code compliance for all
buildings in the batch shall be
prohibited.
Compliance
reports shall include information in accordance with Sections R405.4.2.1 and
R405.4.2.2.
Where the proposed
design of a building could be built on different sites where the cardinal
orientation of the building on each site is different, compliance of the proposed
design for the purposes of the application for the building permit shall be
based on the worst-case orientation, worst-case configuration, worst-case
building air leakage and worst- case duct leakage. Such worst-case parameters
shall be used as inputs to the compliance software for energy analysis.
R405.4.2.1
Compliance report for permit application.
A compliance
report submitted with the application for building permit shall include the
following:
1. Building
street address, or other building site identification.
2. A statement
indicating that the proposed design complies with Section R405.3.
3. An inspection
checklist documenting the building component characteristics of the proposed
design as indicated in Table R405.5.2(1). The
inspection checklist shall show results for the proposed design with
user inputs to the compliance software to generate the results.
4. A
site-specific energy analysis report that is in compliance with Section R405.3.
5. The name of
the individual performing the analysis and generating the report.
6. The name and
version of the compliance software tool.
Exception: Multiple
orientations. When an otherwise identical building model is offered in multiple
orientations, compliance for any orientation shall be permitted by documenting
that the building meets the performance requirements in each of the four cardinal
(north, east, south and west) orientations, or the “Worst” orientation.
Compliance software tools may calculate the “Worst Case” orientation by
rotating the building through the 4 or 8 cardinal orientations.
R405.4.2.2
Compliance report for certificate of
occupancy. A compliance
report submitted for obtaining the certificate of occupancy shall include the
following:
1. Building
street address or other building site identification
2. A statement
indicating that the as-built building complies with Section R405.3.
3. A certificate
indicating that the building passes the performance matrix for code compliance
and listing the energy saving features of the buildings.
4. A
site-specific energy analysis report that is in compliance with Section R405.3.
5. The name of
the individual performing the analysis and generating the report.
6. The name and
version of the compliance software tool.
R405.4.3
Additional documentation. The code official shall be
permitted to require the following documents:
1. Verification
that an EPL display card signed by the builder providing the building component
characteristics of the proposed design will be provided to the purchaser
of the home at time of title transfer.
2. Documentation
of the component efficiencies used in the software calculations for the proposed
design.
2015
International Energy Conservation Code Commentary
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.
This section
simply indicates that the performance analysis can include not only building
envelope performance (as is limited in Section R402.1.4) but that the tradeoffs
can also include the energy used for heating, cooling and service water
heating. The provisions of this section do not include an allowance for lighting
energy to be included. If a designer wished to include lighting, it would be
done under the alternative materials and methods provisions of Section
R102
(see commentary, Section R102).
Section R405.1
establishes the terms of performance- based comparison for residential
buildings.
Under
the Section R405 Simulated Performance approach, the candidate building
(proposed design) is evaluated based on the cost of energy used. In simple
terms, Section R406 states: build the residence any way as long as it is
designed to use no more energy than a home built exactly to the minimum requirements
in Sections R402 and R403.
The general
procedure is to show that the annual energy cost for the building is less than
the annual energy cost of a building that just meets the prescriptive requirements.
The applicant must estimate the annual energy cost for two buildings: the one
to be built and the standard reference design building. Because the two are compared on the basis of
annual energy costs, designs that have lower demand charges or use energy when rates
are lower may be able to gain an advantage using Section R405.
R405.4.1
Compliance software tools. Documentation verifying that the methods
and accuracy of the compliance software tools conform to the provisions of this
section shall be provided to the code official.
This
section is essentially a general requirement that where software is used to
demonstrate compliance under Section R405, the software be shown to provide accurate
comparisons and results. Many of the software systems that may be used will be
familiar and readily acceptable to the code official. Where a less commonly
used software is proposed for use, the code official will need to be shown that
the software performs its intended function and is accurately
comparing the standard
reference and proposed designs.
R405.4.2.1
Compliance report for permit application. A compliance report submitted
with the application for building permit shall include the following:
1. Building
street address, or other building site identification.
2. A statement
indicating that the proposed design complies with Section R405.3.
3. An inspection
checklist documenting the building component characteristics of the proposed
design as indicated in Table R405.5.2(1). The
inspection checklist shall show results for both the standard reference design
and the proposed design with user inputs to the compliance software
to generate the results.
4. A
site-specific energy analysis report that is in compliance with Section R405.3.
5. The name of
the individual performing the analysis and generating the report.
6.
The name and version of the compliance software tool.
Providing the
address of the project will not only help in the tracking of the project and
various permits, but it also ensures that the calculations run were for the intended
project and not based on a project that may not be applicable. While it may be
possible to run a calculation based on a stock set of plans [see orientation provisions
in Table R405.5.2(1)], the best way to provide a truly accurate comparison is
to provide a site-specific evaluation, as required in Item 4.
Item 2 provides
the primary information from which approval will be granted. A summary must be
submitted showing how the annual energy cost of the proposed design compares to
the annual energy cost of the standard design. The comparison summary must include,
as a minimum, annual energy cost by design (standard versus proposed) and could
include the fuel type (electric versus gas versus renewablesources) if it was a
part of a trade-off.
Besides showing
the actual comparison between the two designs, Item 3
requires an inspection checklist that can be used by the inspector to ensure
that the proposed design matches what is actually constructed in the field.
This checklist addresses the details of construction on which the comparison
was conducted. See Section R405.4.3, Item 1, for the equivalent requirement for
the standard reference design. These two sections not only ensure that
the comparison is accurate but also provide information so that the comparison
can be run again and verified if needed. While it would be best if the
checklist included information for all of the items listed in Table R405.5.2(1),
it is only necessary that the information is provided for items that are
compared or for which trade-offs are based or taken. Because various versions of software can
include
different inputs or
evaluations, it is important that both the name and version of the software be
provided. Changes to new or an updated
version of existing software could often provide different results. Listing the
software edition helps the code official evaluate the report and also provides
the information to conduct a verification review if necessary.
R405.4.2.2
Compliance report for certificate of occupancy.
A compliance
report submitted for obtaining the certificate of occupancy shall include the
following:
1. Building
street address, or other building site identification.
2. A statement
indicating that the as-built building complies with Section R405.3.
3. A certificate
indicating that the building passes the performance matrix for code compliance
and listing the energy saving features of the buildings.
4. A
site-specific energy analysis report that is in compliance with Section R405.3.
5. The name of
the individual performing the analysis and generating the report.
6.
The name and version of the compliance software tool.
The
items required for the compliance report for obtaining the certificate of occupancy are basically the same as those required for the
permit application, except that the report is
based on the “as-built” condition of the building. During the course of construction,
changes in the windows, type of insulation, equipment or building dimensions
are all required to be documented and approved. The changes must be approved
based on compliance with the code and the
original design. At the
end of the day, however, one must verify that the
changes made did not have a negative impact on the performance of the building,
as analyzed before the permit application.
6th
Edition (2017) Florida Building Code, Building
[A]
110.3 Required inspections.
[A] 110.3.7
Energy efficiency inspections. Inspections shall be made to determine
compliance with Chapter 13 and shall include, but not be limited to,
inspections for:
envelope insulation R-
and U-values, fenestration U-value, duct system R-value, and
HVAC and water-heating equipment efficiency.
[A] 107.4
Amended construction documents. Work shall be installed in accordance
with the approved construction documents, and any changes made during
construction that are not in compliance with the approved construction
documents shall be resubmitted for approval as an amended set of construction
documents.
SECTION 1301 GENERAL
[E]
1301.1 Scope. This chapter governs the design and
construction of buildings for energy efficiency.
[E] 1301.1.1
Criteria. Buildings
shall be designed and constructed in accordance with the Florida Building
Code, Energy Conservation.
FS 553.998
553.998 Compliance.—All
ratings must be determined using tools and procedures developed by the systems
recognized under this part and must be certified by the rater as accurate and
correct and in compliance with procedures of the system under which the rater
is certified. The local enforcement agency shall accept duct and air
infiltration tests conducted in accordance with the Florida Building Code, 5th
Edition (2014) Energy Conservation, by individuals as defined in s. 553.993(5)
or (7) or individuals licensed as set forth in s. 489.105(3)(f), (g), or (i).
The local enforcement agency may accept inspections in whole or in part by
individuals as defined in s. 553.993(5) or (7)
Staff Analysis:
Question #1:
Is
"indicating that the building passes the performance matrix"
(referenced in
R405.4.2.2
Item 3) the same task as confirming the as-proposed design from R405.3
(referenced in R405.4.2.2 Item 2)?
Answer:
Option
#1/Petitioner: The petitioner concludes
the answer is YES.
Option
#2/Staff:
Answer
to question 1 is “Yes.” This is with the
understanding that no change was made during the course of construction to the
proposed design energy measures as submitted under section R405.4.2.1 of the 6th
Edition (2017) Florida Building Code, Energy Conservation.
1a)
If the answer is no, what is the reference for tasks/provisions/requirements in
the 'performance matrix'?
Since
the answer to question 1 is “Yes”, no answer is needed for this question.
Question #2:
Can
the paperwork (as printed
out from FBC approved
software) submitted for R405.4.2.1 also be used to meet
R405.4.2.2?
Answer:
Option #1/Petitioner: The
petitioner concludes the answer is YES, as building departments have used this
paperwork to confirm as –built code compliance before R405.4.2.2 was expressly
written as such.
Option
#2/Staff:
Answer to question 2 is “Yes.” This is with
the understanding that no change was made during the course of construction to
the proposed design energy measures as submitted under section R405.4.2.1 of
the 6th Edition (2017) Florida Building Code, Energy Conservation.
2a)
If the answer is no, must the Florida Building Commission approve the
certificate of occupancy compliance report worksheet a jurisdiction develops in
accordance with R101.5.1?
Since
the answer to question 1 is “Yes”, no answer is needed for this question.
Question #3:
If
there is no change to the proposed design during the course of the construction
and all required inspections to verify compliance are performed, is there a need
for the building department to request the as-built compliance report per
Section 405.4.2.2 prior to the issuance of the certificate of occupancy?
Answer:
Option
#1/Petitioner: The petitioner concludes
that the answer is “No”, building department confirms
compliance with the code through its inspection duties.
Option
#2/Staff: Staff concurs with the
Petitioner’s answer as amended herein:
The
petitioner concludes that the answer is “No”, building
department confirms compliance with the code through its inspection duties as required by Section 104, Inspections, of the 6th
Edition (2017) Florida Building Code, Energy Conservation.
Question #4:
If
there are changes to the proposed design during the course of the construction
and the compliance report is amended; and submitted for review and approval
prior to conducting the required inspections, is there a need for the building
department to request the as-built compliance report per Section 405.4.2.2
prior to the issuance of the certificate of occupancy?
Answer:
Option
#1/Petitioner: The petitioner concludes
that the answer is “NO”, building department confirms
compliance with the code through its inspection duties.
Option
#2/Staff: Staff concurs with the
Petitioner’s answer as amended herein:
The
petitioner concludes that the answer is “NO”, building department confirms
compliance with the code through the provisions of
Section 103.4, Amended construction documents, and its inspection
duties as required by Section 104, Inspections, of the 6th Edition (2017) Florida
Building Code, Energy Conservation.