9B-60.002. Definitions.

For the purpose of this chapter, the following words, unless the context does not permit such meaning, shall have the meanings indicated:
(1) Confirmed rating -- energy rating performed on an actual building with data gathered from an on-site inspection of the physical building, not just data from plans or construction documents.
(2) Department -- the Department of Community Affairs.
(3) Exempt Building -- all buildings as defined by Sections 553.902(1)(a), (b), (c), and (d), F.S.
(4) Improvement analysis -- written calculation of the cost-effectiveness of various options to improve the energy efficiency of a building, including an explicit report on the assumed financing rate and lives of the measures used in the calculation and consideration of interactions between energy-saving measures.
(5) Mixed Occupancies -- buildings consisting of more than one type of occupancy.
(6) New Residential Building -- new residential occupancy buildings, including new residential occupancy dwellings in mixed occupancy buildings, permitted for construction after July 1, 1994.
(7) New Public Building -- a new building comfort-conditioned for occupancy that is owned or leased by the state, a state agency, or a governmental subdivision including, but not limited to, a city, county, or school district, permitted for construction after July 1, 1994.
(8) Rating System -- a uniform scale of the relative energy use of buildings based on annual energy usage and costs with consideration of local climate conditions, construction practices and building use.
(9) Rater -- a person trained and certified by the Department to apply the Rating System to Florida buildings.
(10) Contract for Sale -- an agreement in writing made by an owner of real property for the sale of that real property to a buyer.
(11) Contract to Build -- an agreement in writing made by a builder with the owner or purchaser of real property for the construction of a building on that real property.
(12) New Commercial Building -- new commercial occupancy buildings, including new commercial buildings in mixed occupancy buildings, permitted for construction after the effective date of this rule.
(13) Existing Commercial Building -- a completed commercial occupancy building, including existing commercial buildings in mixed occupancy buildings for which a certificate of occupancy, or equivalent approval for occupancy, has been issued.
(14) Existing Residential Building -- a completed residential occupancy building, including residential occupancy dwellings in mixed occupancy buildings for which a certificate of occupancy, or equivalent approval for occupancy, has been issued.
(15) Energy Audit -- a site inventory and descriptive record of features impacting the energy use in a building. This includes, but is not limited to: all building component descriptions (locations, areas, orientations, construction attributes and energy transfer characteristics); all energy using equipment and appliance descriptions (use, make, model, capacity, efficiency and fuel type); and all energy features.
(16) Performance Test -- site measurement of the energy performance of a building energy feature or an energy using device conducted in accordance with pre-defined testing and measurement protocols and analysis and computation methods. Such protocols and methods may be defined by national consensus standards like those of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) and the American Society for Test and Measurement (ASTM), or as modified or defined and adopted by the Department.
(17) Rating Class for Residential Buildings -- the category of an energy rating, based on the source of the input data which are used by the Florida Building Energy Rating System to compute the energy and cost estimates of the energy rating, and consisting of the following three Classes:
(a) Class 1 Rating – a confirmed energy rating, conducted in accordance with Rule 9B-60, F.A.C., using site energy audit and performance test data as the sources for the input data on which the rating is based.
(b) Class 2 Rating – a confirmed energy rating, conducted in accordance with Rule 9B-60, F.A.C., using site energy audit data as the source for the input data on which the rating is based.
(c) Class 3 Rating -- a projected energy rating, reserved for new buildings and clearly labeled as "projected rating based on plans" that is conducted in accordance with Rule 9B-60, F.A.C., using plans and construction documents as the sources for the input data on which the rating is based.
(18) Registered Rating -- a Florida Building Energy Rating for a specifically located building that has been compiled by a certified Florida Rater of any Class, has been found to be complete and accurate, and has been recorded with the Program Administrator.
(19) Projected Rating -- A rating performed prior to the construction of a new building or prior to implementation of energy-efficiency improvements to an existing building.
(20) HERS Rating -- An audit and computer-generated performance evaluation of a home conducted in accordance with Rule 9B-60.004 of this chapter and resulting in a HERS Index.
(21) HERS Index -- The numerical rating for a home with a value between 0 and 100 where a value of 0 indicates that the home uses no purchased energy for heating, cooling, hot water, lighting and appliances and a value of 100 indicates that the home has the same energy use for heating, cooling, hot water, lighting and appliances as the HERS Reference Home established by the 2006 Mortgage Industry National Home Energy Rating Systems Standards, amended July 22, 2009.

(22) Program Administrator – means a public or private entity that is qualified to perform the training and support functions of the Florida Building Energy Rating System and that is authorized by the Department to perform such functions.
Specific Authority 553.992 FS. Law Implemented 553.992, 553.995 FS. History--New 7-1-94, Amended 1-11-95, 12-27-98, 11-28-04, 7-27-10

9B-60.003. Department Activities.

(1) The Department may interpret and clarify various aspects of the Florida Building Energy Rating System (BERS).
(2) Within three (3) years of the date of adoption of the rating system, and at least triennially thereafter in conjunction with the triennial review of Chapter 13 of the Florida Building Code, Building (the Code), the Department shall review the energy rating system program criteria and the calculation tools used in common by both the BERS and the Code that are adopted herein to determine the need for revision or modification. At a minimum, the Department shall update the rating system by adopting modifications to the current editions of the Code and the 2006 Mortgage Industry National Home Energy Rating Systems Standards, amended July 22, 2009, promulgated by the Residential Energy Services Network (RESNET) and the National Association of State Energy Officials (NASEO). Copies of the 2006 Mortgage Industry National Home Energy Rating Systems Standards, amended July 22, 2009, are available at the website http://www.resnet.us/standards/mortgage/RESNET_Mortgage_Industry_National_HERS_Standards.pdf or from the Florida Department of Community Affairs, Building Codes and Standards Office, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850) 487- 1824.
(3) Any person may submit recommendations for proposed revisions or modifications to the rating system to the Department for consideration. Such proposed revisions and modifications shall be submitted in writing on Department of Community Affairs' Form #300-2008, the Change Request form, Building Energy Rating System, incorporated herein by reference, effective July 27, 2010. Copies of this form are available by writing to the Department of Community Affairs, Building Energy Rating System Program, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Such proposals shall include the date of submittal, an identification of the submitter, identification of the section of the rating system to be revised, the new proposed language, a justification or reason for the change, and anticipated financial impacts of the change. The Department shall conduct a public hearing(s) in accordance with the requirements of Chapter 120, F.S. and Rule 9B-60.003(2)
(4) The Department or its Program Administrator shall develop, maintain and make available, at no cost to the prospective purchaser, Building Energy Rating System disclosure information brochure to be provided to the prospective purchaser.

Specific Authority 553.992, 553.998 FS. Law Implemented 553.992, 553.996 FS. History--New 7-1-94, Amended 12-27-98, 11-28-04, 7-27-10.

9B-60.004. Florida Building Energy Rating System, Adopted.

(1) Rules provided herein shall apply to new and existing residential buildings including single-family, multifamily, buildings of mixed occupancy, manufactured residential buildings; new and existing commercial buildings including buildings of mixed occupancy and manufactured commercial buildings; and to new and existing public buildings including state buildings, except those specifically exempted herein.
(2) The home energy rating (HERS rating) for residential buildings shall be determined using only the Florida Residential Building Energy Rating System software EnergyGauge® USA, ResRate 2008, which produces the Florida Residential Building Energy Rating form, Form FRBER-2008, effective July 27, 2010, incorporated herein by reference. Certified BERS ratings shall be specific to one residence; sampling is not an acceptable procedure for ratings in Florida. Air distribution system testing for Class 1 ratings shall be performed in accordance with Annex B and Annex C of BSR/ASHRAE Standard 152-04, "Method of Test for Determining the Design and Seasonal Efficiencies of Residential Thermal Distribution Systems." A Class 3 rating shall be clearly labeled as a "projected rating based on plans”.
(3) Prior to contracting for construction of a new public building, an energy rating shall be conducted in accordance with subsection 9B-60.004(5), F.A.C. The public body proposing to contract for construction of such building shall consider the energy efficiency rating for that new public building, notwithstanding the provisions of Section 255.254, F.S.
(4) The energy rating for public and commercial buildings shall be determined using only the Florida Commercial Building Energy Rating System software EnergyGauge® Summit ComRate 2008, which produces the Florida Commercial Building Energy Rating form, Form FCBER-2008, effective July 27, 2010, incorporated herein by reference. Public buildings owned or leased by state agencies and units of local government that are governed by Section 255.254, F.S., may utilize this rating system as one of the annual energy usage and cost by methods approved by those agencies.
(5) A copy of each of the above referenced rating systems has been filed with this rule with the Secretary of State. The rating systems are also available for reference and inspection at the Department of Community Affairs, Division of Housing and Community Development, 2555 Shumard Oak Boulevard, Tallahassee, Florida.
Specific Authority 553.992 FS. Law Implemented 553.994, 553.995(1) FS. History--New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04, 7-27-10.

9B-60.005. Training and Certification Program.

(1) General Provisions.
(a) Beginning with the implementation date of this rule, no person may provide a rating for buildings in Florida unless such a person has been certified as provided by this part. To perform a rating for any building as required by this rule, the person performing the rating must be certified by the Department of Community Affairs. For residential buildings, in accordance with Section 102.1.4.6 of the 2006 Mortgage Industry National Home Energy Rating Systems Standards, amended July 22, 2009, a Florida Certified Rater who has a financial or other interest resulting from the energy Rating results (including any recommended improvements resulting from the Rating) shall provide written disclosure of the nature of the financial or other interest to the owner of the property being rated utilizing Form FIDF-2008, Financial Interest Disclosure Form, incorporated herein by reference, effective July 27, 2010.
(b) Certification will be valid for one (1) year following the date of issuance. No rating activity shall be conducted after the expiration of the term of certification. A duplicate certificate may be obtained by written request to the Department.
(c) An application for annual certification renewal shall be submitted on a Certified Rater Renewal Form, Form 500B-2008, herein incorporated by reference, effective July 27, 2010, with a renewal fee of $50. In addition to the annual renewal fee, a certified residential rater must, over a three year period, have completed twelve credit hours of continuing education in courses accepted by the Department for certification renewal. Acceptable courses shall, in general, be those dealing with energy use in buildings and building systems (including heating, ventilating and air conditioning), building design or construction, codes or plan review, financing or selling buildings, and courses on energy rating systems.
(2) The following qualifications, at a minimum, are required for certification as a rater:
(a) The individual shall submit an application on the Department of Community Affairs’ Rater Certification Application Form, Form #500A-2008, herein incorporated by reference, effective July 27, 2010, and pay the appropriate application fee of $150.00. The form is available by writing to the Department of Community Affairs, Energy Rating System Program, 2555 Shumard Oak Blvd, Tallahassee, Florida 32399-2100.
(b) Individuals applying for certification as raters for new residential (Class 3), public and commercial buildings shall attend a training program provided by the Department or its Program Administrator and shall demonstrate achievement of a level of knowledge and proficiency so as to successfully rate buildings by passing Department tests specific to the type of building rated for certification. Individuals may also qualify for Class 3 certification without attending the Class 3 training program by passing a Class 3 challenge test.

Individuals applying for certification as Class 2 raters for residential buildings, in addition to the certification requirements for a Class 3 rater, shall attend a Class 2 training program provided by the Department or its Program Administrator and shall demonstrate achievement of a level of knowledge and proficiency so as to successfully perform residential energy audits to rate existing residential buildings by passing a Department test specific to Class 2 certification. Individuals may also qualify for Class 2 certification without attending the Class 2 training program by passing a Class 2 challenge test.

Individuals applying for certification as Class 1 raters for residential buildings shall demonstrate having the same stated requirements as Class 2 raters, shall attend a Class 1 training program provided by the Department or its Program Administrator and shall demonstrate achievement of a level of knowledge and proficiency so as to successfully perform residential performance tests by passing a Department test specific to Class 1 certification. Individuals may also qualify for Class 1 certification without attending the Class 1 training program by passing a Class 1 challenge test. In addition, a Class 1 rater candidate must complete five Class 1 ratings under the supervision of a certified Class 1 rater as well as pass the RESNET National Core Competency Test, referenced from Section 207.1.2 of the 2006 Mortgage Industry National Home Energy Rating Systems Standards, amended July 22, 2009, in order to obtain a Class 1 certification.

Individuals applying for certification as raters of existing commercial buildings, in addition to the requirements stated above for new commercial buildings, shall demonstrate certification as an energy auditor from a recognized commercial energy auditing program or have at least one year of experience performing a minimum of fifteen commercial energy audits.
(c) The rates for providing building ratings shall be as follows: for Class 3 new residential building ratings, $25.00 above those charges for providing Energy Code compliance calculations, or no more than the actual cost of conducting the rating, whichever is greater; for Class 2 residential building ratings, $75.00 above those charges for providing the energy audit, or no more than the actual cost of conducting the rating, whichever is greater; for Class 1 residential building ratings, $125.00 above those charges for providing the energy audit and performance tests, or no more than the actual cost of conducting the rating, whichever is greater; for new public and new commercial buildings which must comply with the Energy Code, $50.00 above those charges for providing Energy Code compliance calculations, or no more than the actual cost of conducting the rating, whichever is greater; for those new public buildings which are exempt from Energy Code compliance, $200.00 may be charged, or no more than the actual cost of conducting the rating whichever is greater; and for existing commercial buildings, $100.00 above those charges for performing the energy audit, or no more than the actual cost of conducting the rating, whichever is greater.
(d) No certification shall be approved unless the applicant demonstrates to the Department that the following conditions are met: the applicant has not been found to be in violation of Part VIII, Chapter 553, F.S., or this rule chapter; the applicant has filed an accurate and complete application with the application fee describing compliance with the relevant certification requirements; the applicant is capable of performing the activities for which he/she is seeking certification; the applicant has not shown a lack of ability or intention to comply with Part VIII, Chapter 553, F.S., or this rule chapter, or has not been unable or unwilling to conduct Energy Code compliance related activities forthrightly and honestly with his/her clients. Decertification shall be in accordance with procedures for revoking licenses of Chapter 120, F.S.
(e) Recertification is required within six months of the effective date of major revisions to the energy code provisions of the Florida Building Code, or at least every three years from the rater's last date of certification. For recertification, the applicant shall attend training on changes impacting the rating system provided by the Department of Community Affairs or its Program Administrator and demonstrate achievement of a level of knowledge and proficiency so as to successfully rate buildings by passing a Department test applicable to the buildings being rated. The fee for recertification shall be the annual certification renewal fee. In addition to the written test, Class 1 residential raters shall be required to satisfactorily demonstrate performance testing skills necessary to perform a Class 1 rating as part of the recertification as well as at the time of training and testing. These regulations in no way exempt any person from other state and local occupational licensure requirements. Any rater who fails to pass the recertification test in his or her rating classification shall be required to attend a refresher course approved by the Department of Community Affairs and retake the test. Until the rater can demonstrate his/her ability to perform ratings in his/her classification, registration of ratings by the rater shall be prohibited.
(3) Reporting Requirements. Certified raters shall submit all ratings to the Department in care of its Program Administrator via the website upload at: http://dbase.fsec.ucf.edu/pls/engauge/rating_home.

(a) The Program Administrator shall maintain an electronic database that can be queried by the public to verify that a BERS Rating has been registered for a specific real property.
(b) Upon request and if authorized by the homeowner or his/her agent, the Program Administrator shall provide a registered BERS Rating report from the electronic database to a homeowner, or prospective home purchaser. The Program Administrator may charge a fee not to exceed the actual cost of providing such rating report.
(4) A written report shall be provided to the purchaser of real property or that individual who requested the rating. Such report shall include the Florida Building Energy Rating report and the following:
(a) A completed copy of the Florida Building Energy Rating, Form FRBER-2008 or Form FCBER-2008;
(b) The certified rater's signature, typed or printed name and certification number;
(c) The date that the rating was completed;
(d) The statement: "This notice is provided to you by an individual certified by the Florida Department of Community Affairs to perform a building energy rating evaluation. Any questions, comments, or complaints regarding the person or agency performing this service may be directed to the Florida Department of Community Affairs, Building Energy Rating System Program, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850) 487-1824, or the Program Administrator. The Department or the Program Administrator may request the owner's permission in the future to conduct a quality assurance review of this rating;" and
(e) If it is a residential rating, the disclosure form printed from the EnergyGauge® USA ResRate 2008.
Specific Authority 553.992 FS. Law Implemented 553.995(4) FS. History-- New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04, 7-27-10.

9B-60.007. Florida Building Energy Rating System, Existing Public Buildings.

(1) The provisions of this rule are adopted to implement the Florida Building Energy Efficiency Rating Act of 1993, Part VIII, Chapter 553, Florida Statutes, by providing a state-wide uniform energy rating system for rating existing buildings proposed for acquisition for public use through lease or purchase and for existing public buildings undergoing renovation. The term existing public building, as used herein, shall have the same meaning as new public buildings in rule 9B-60.002, except construction of such buildings shall have been permitted before this rule shall have taken effect.
(2) Prior to contracting for renovation or acquisition of an existing public building, an energy rating shall be conducted in accordance with the criteria in rule 9B-60.007(3). The public body proposing to contract for renovation or acquisition of such building shall consider the energy efficiency rating for that existing public building when comparing contract options, notwithstanding the provisions of Section 255.254, F.S. As used herein, building means any structure that encloses a space used for sheltering any occupancy and separated from other buildings by a fire wall, and renovation means a building undergoing alteration where the cost of the alteration exceeds 30 percent of the assessed value of the structure.
(3) The energy rating for existing public buildings shall be determined using the Florida Commercial Building Energy Rating System software, EnergyGauge® Summit ComRate-2008 in accordance with rule 9B-60.004. Public buildings owned or leased by state agencies and units of local government governed by Section 255.254, F.S., may utilize this rating system as one of the annual energy usage and cost methods approved by those agencies.
(4) The cost of providing building ratings for existing public buildings shall be no more than $100.00 above those charges for the energy audit plus the Energy Code compliance calculations or the actual cost, whichever is less.
Specific Authority 553.992 FS. Law Implemented 553.991, 553.993, 553.994, 553.995, 553.997, 553.998 FS. History--New 7-21-94, Amended 12-27-98, 7-27-10.

9B-60.008 RESNET Standards, Adopted.

The 2006 Mortgage Industry National Home Energy Rating Systems Standards, amended July 22, 2009, promulgated by the Residential Energy Services Network (RESNET) and the National Association of State Energy Officials (NASEO) are adopted for residential buildings and incorporated by reference as the rule of this Department except as otherwise specified in this rule chapter.
Specific Authority 553.992 FS. Law Implemented 553.995(1)(c) FS. History--New 12-27-98, Amended 11-28-04, 7-27-10.