Staff Analysis for Declaratory Statement Request DS2018-072

Issue: Petitioner seeks a clarification to scopes and requirements of the energy code dealing with replacement fenestrations. Specifically, the Petitioner provides for the following questions:

1) A customer has applied to replace all windows in his home, which was constructed in 1990. The estimated cost of replacement windows is less than 30% of the assessed value of the structure.

a. Does section 501.7 of the Energy Conservation Volume require the replacement windows to meet the solar heat gain coefficient listed in Table R402.2.1.2 of the Florida Energy Conservation Volume?

b. Does Section 101.4.2 exempt the replacement windows since they don’t exceed 30% of the assessed value of the structure?

2) A customer has applied to replace a window in his home, which was constructed in 1990. The estimated cost of the replacement window is less than 30% of the assessed value of the structure.

a. Does Section 501.7 of the Energy Conservation Volume require the replacement window to meet the solar heat gain coefficient listed in Table R402.2.1.2 of the Florida Energy Conservation Volume?

b. Does the Section 101.4.2 exempt the replacement window since they don’t exceed 30% of the assessed value of the structure?

Background:

The Petitioner, Palm Beach County Building Advisory Board seeks a declaratory statement concerning interpretation of the 6^th Edition (2017) Florida Building Code, Energy Conservation. In particular, code sections that deal with replacement fenestrations on structures not classified as renovated buildings.

The first project consists of a customer that has applied for permit to replace all windows in his home, though the cost of the replacement windows is less than 30% of the assessed value of the structure. The second project consists of a customer that has applied to replace a window in his home, the replacement window is less than 30% assessed value of the structure.

The BCAB is seeking clarification on scopes and requirements of the Energy Conservation Code for both residential and commercial buildings.

Sixth Edition (2017) Florida Building Code, Energy Conservation

Commercial Provisions

Chapter 1, Section C101

C101.4 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.

C101.4.2 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 C101.4.2.1 through C101.4.2.4.

Section C102

ALTERNATE MATERIALS—METHOD OF CONSTRUCTION, DESIGN OR INSULATING SYSTEMS

C102.1 General. This code is not intended to prevent the use of any material, method of construction, design or insulating system not specifically prescribed herein, provided that such construction, design or insulating system has been approved by the code official as meeting the intent of this code.

C102.1.1 Above code programs. The code official or other authority having jurisdiction shall be permitted to deem a national, state or local energy efficiency program to exceed the energy efficiency required by this code. Buildings approved in writing by such an energy efficiency program shall be considered in compliance with this code. The requirements identified as “mandatory” in Chapter 4 shall be met.

Chapter 2 [CE] Definitions

ALTERATION. Any construction, retrofit or renovation to an existing structure other than repair or addition that requires a permit. Also, a change in a building, electrical, gas, mechanical or plumbing system that involves an extension, addition or change to the arrangement, type or purpose of the original installation that requires a permit.

RENOVATED BUILDING. A residential or nonresidential building undergoing alteration that varies or changes insulation, HVAC systems, water heating systems or exterior envelope conditions, provided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure.

Chapter 4, Section C401

C401.2.1 Application to replacement fenestration products.

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 C402.4.

Exception: An area-weighted average of the U-factor of replacement fenestration products being installed in the building for each fenestration product category listed in Table C402.4 shall be permitted to satisfy the U-factor requirements for each fenestration product category listed in Table C402.4. Individual fenestration products from different product categories listed in Table C402.4 shall not be combined in calculating the area-weighted average U-factor.

Chapter 5, Section C501

C501.1 Scope. The provisions of this chapter shall control the alteration, repair, addition and change of occupancy of existing buildings and structures.

C501.2 Existing buildings. Except as specified in this chapter, this code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this code.

C501.7 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 components:

Heating, ventilating or air-conditioning systems;

Service water or pool heating systems;

Lighting systems; and

Replacement fenestration.

Exceptions:

1. Where part of a functional unit is repaired or replaced. For example, replacement of an entire HVAC system is not required because a new compressor or other part does not meet code when installed with an older system.

2. If the unit being replaced is itself a functional unit, such as a condenser, it does not constitute a repair. Outdoor and indoor units that are not designed to be operated together must meet the U.S. Department of Energy certification requirements contained in Section R303.1.2. Matched systems are required; this match may be verified by any one of the following means:

a. AHRI data

b. Accredited laboratory

c. Manufacturer’s letter

d. Letter from registered P.E. State of Florida

3. Where existing components are utilized with a replacement system, such as air distribution system ducts or electrical wiring for lights, such components or controls need not meet code if meeting code would require that component’s replacement.

4. Replacement equipment that would require extensive revisions to other systems, equipment or elements of a building where such replacement is a like-for-like replacement, such as through-the-wall condensing units and PTACs, chillers and cooling towers in confined spaces.

Residential Provisions

Chapter 1, Section R101

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.

R101.4.1 Mixed occupancy. Where a building includes both residential and commercial occupancies, each occupancy shall be separately considered and meet the applicable provisions of the Florida Building Code, Energy Conservation—Commercial Provisions or Florida Build- ing Code, Energy Conservation—Residential Provisions.

R101.4.2 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 R101.4.2.1 through R101.4.2.4.

SECTION R102 ALTERNATIVE MATERIALS, DESIGN AND METHODS OF CONSTRUCTION AND EQUIPMENT

R102.1 General. The provisions of this Code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The code official shall be permitted to approve an alternative material, design or method of construction where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code.

R102.1.1 Above code programs. The code official or other authority having jurisdiction shall be permitted to deem a national, state or local energy-efficiency program to exceed the energy efficiency required by this code. Buildings approved in writing by such an energy-efficiency program shall be considered in compliance with this code. The requirements identified as “mandatory” in Chapter 4 shall be met

Chapter 2 [RE]

Chapter 4, Section 405

R405.5.3.4 Maximum fenestration SHGC. The Proposed Design must have either an area-weighted average maximum fenestration SHGC of 0.50 or a window area-weighted average overhang depth of 4.0 feet or greater (all conditioned space windows must be included in the calculation). The area-weighted average maximum fenestration U-factor permitted using tradeoffs from Section R402.1.5 or R405 shall be 0.48 in Climate Zones 4 and 5 and 0.40 in Climate Zones 6 through 8 for vertical fenestration, and 0.75 in Climate Zones 4 through 8 for skylights. The area-weighted average maximum fenestration SHGC permitted using tradeoffs from Section R405 in Climate Zones 1 through 3 shall be 0.50.

Section 501

R501.1 Scope. The provisions of this chapter shall control the alteration, repair, addition and change of occupancy of existing buildings and structures.

R501.1.1 Additions, alterations, or repairs: General.

Additions, alterations, or repairs to an existing building, building system or portion thereof shall comply with Section R502, R503 or R504. Unaltered portions of the existing building or building supply system shall not be required to comply with this code

R501.7 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; and

Replacement fenestration.

Exceptions:

a. AHRI data

b. Accredited laboratory

c. Manufacturer’s letter

d. Letter from registered P.E. State of Florida

Section R503

R503.1.1.1 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 as provided in Table R402.1.2.

Staff Analysis:

1) A customer has applied to replace all windows in his home, which was constructed in 1990. The estimated cost of replacement windows is less than 30% of the assessed value of the structure.

a. To the question, does section R501.7 of the Energy Conservation Volume require the replacement windows to meet the solar heat gain coefficient listed in Table R402.2.1.2 of the Florida Energy Conservation Volume? The answer is no. As per Section R101.4.2 and the definition of “Renovated Building” of the 6^th Edition (2017) Florida Building Code, Energy Conservation Residential (the Code), the replacement windows in question are not required to meet the provisions of the Code including the solar heat gain coefficient listed in Table R402.1.2 of the Code.

b. To the question, does Section 101.4.2 exempt the replacement windows since they don’t exceed 30% of the assessed value of the structure? The answer is yes. As per Section R101.4.2 and the definition of “Renovated Building” of the 6^th Edition (2017) Florida Building Code, Energy Conservation Residential (the Code), the project in question is exempt from the provisions of the Code.

2) A customer has applied to replace a window in his home, which was constructed in 1990. The estimated cost of the replacement window is less than 30% of the assessed value of the structure.

a.To the question, does Section R501.7 of the Energy Conservation Volume require the replacement window to meet the solar heat gain coefficient listed in Table R402.2.1.2 of the Florida Energy Conservation Volume? The answer is no. As per Section R101.4.2 and the definition of “Renovated Building” of the 6^th Edition (2017) Florida Building Code, Energy Conservation Residential (the Code), the replacement window in question is not required to meet the provisions of the Code including the solar heat gain coefficient listed in Table R402.1.2 of the Code.

b. To the question, does the Section 101.4.2 exempt the replacement window since they don’t exceed 30% of the assessed value of the structure? The answer is yes. As per Section R101.4.2 and the definition of “Renovated Building” of 6^th Edition (2017) Florida Building Code, Energy Conservation Residential (the Code), the project in question is exempt from the provisions of the Code.