PART VIII
BUILDING ENERGY-EFFICIENCY RATING SYSTEM
553.990
Short title. —This part may be cited as the “Florida Building Energy-Efficiency
Rating Act.”
History. — s. 12, ch.
93-249.
553.991 Purpose.—
The purpose of this part is to provide for a statewide uniform system for
rating the energy efficiency of buildings. It is in the interest of the state
to encourage the consideration of the energy-efficiency rating system in the
market so as to provide market rewards for energy-efficient buildings and to
those persons or companies designing, building, or selling energy-efficient
buildings. History. — s. 12, ch. 93-249; s. 41, ch. 98-250. 553.992
Adoption of rating system. — The Department of Community Affairs shall adopt,
update, and maintain a statewide uniform building energy-efficiency rating
system to implement the provisions of this part and amendments thereto in
accordance with the procedures of chapter 120 and shall, upon the request of
any builder, designer, rater, or owner of a building, issue nonbinding
interpretations, clarifications, and opinions concerning the application and
use of the building energy rating system under rules that the department
adopts in accordance with chapter 120. History.
— s. 12, ch. 93-249; s. 4, ch.
98-145. 553.993
Definitions. — For purposes of this part: (1)
“Acquisition” means to gain the sole or partial use of a building through a
purchase agreement. (2)
“Builder” means the primary contractor who possesses the requisite skill,
knowledge, and experience, and has the responsibility, to supervise, direct,
manage, and control the contracting activities of the business organization
with which she or he is connected and who has the responsibility to
supervise, direct, manage, and control the construction work on a job for
which she or he has obtained the building permit. Construction work includes,
but is not limited to, foundation, framing, wiring, plumbing, and finishing
work. (3)
“Designer” means the architect, engineer, landscape architect, builder,
interior designer, or other person who performs the actual design work or
under whose direct supervision and responsible charge the construction
documents are prepared. (4)
“New building” means commercial occupancy buildings permitted for
construction after January 1, 1995, and residential occupancy buildings
permitted for construction after January 1, 1994. (5)
“Public building” means a 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. History.
— s. 12, ch. 93-249; s. 808, ch.
97-103. 553.994
Applicability.— The rating system shall apply to all
public, commercial, and residential buildings in the state. History.
— s. 12, ch. 93-249; s. 4, ch.
94-284; s. 42, ch. 98-250. 553.995
Energy-efficiency ratings for buildings.— (1)
The energy-efficiency rating system shall at a minimum: (a)
Provide a uniform rating scale of the efficiency of buildings based on annual
energy usage. (b)
Take into account local climate conditions, construction practices, and
building use. (c)
Be compatible with standard federal rating systems and state building codes
and standards, where applicable, and shall satisfy the requirements of s. 553.9085 with respect to
residential buildings and s. 255.256 with respect to state
buildings. (2)
The energy-efficiency rating system adopted by the department shall provide a
means of analyzing and comparing the relative energy efficiency of buildings
upon the sale of new or existing residential, public, or commercial
buildings. (3)
The department shall establish a voluntary working group of persons
interested in the energy-efficiency rating system or energy efficiency,
including, but not limited to, such persons as electrical engineers,
mechanical engineers, architects, public utilities, and builders. The
interest group shall advise the department in the development of the
energy-efficiency rating system and shall assist the department in the
implementation of the rating system by coordinating educational programs for
designers, builders, businesses, and other interested persons to assist
compliance and to facilitate incorporation of the rating system into existing
practices. (4)
The department shall develop a training and certification program to certify
raters. In addition to the department, ratings may be conducted by any local
government or private entity, provided that the appropriate persons have
completed the necessary training and have been certified by the department.
The Department of Management Services shall rate state-owned or state-leased
buildings, provided that the appropriate persons have completed the necessary
training and have been certified by the Department of Community Affairs. A
state agency which has building construction regulation authority may rate
its own buildings and those it is responsible for, if the appropriate persons
have completed the necessary training and have been certified by the
Department of Community Affairs. The Department of Community Affairs may
charge a fee not to exceed the costs for the training and certification of
raters. The department shall by rule set the appropriate charges for raters
to charge for energy ratings, not to exceed the actual costs. History.
— s. 12, ch. 93-249.
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553.998
Compliance.— All ratings shall be determined using
tools and procedures adopted by the department by rule in accordance with
chapter 120 and shall be certified by the rater as accurate and correct and in
compliance with procedures adopted by the department by rule in accordance with
chapter 120.
History.— s. 12, ch. 93-249.