Notice of Proposed Rule
RULE NO: RULE TITLE
9B-60.002: Definitions
9B-60.003: Department Activities
9B-60.004: Florida Building Energy Rating System, Adopted
9B-60.005: Training and Certification Program
9B-60.007: Florida Building Energy Rating System, Existing
Public Buildings
9B-60.008: Guidelines for Uniformity, Adopted
PURPOSE AND EFFECT: : Section 553.992, Part VIII, FS, requires the Department
of Community Affairs (the Department) to update the Building Energy-Efficiency
Rating System in accordance with the procedures of Chapter 120, F.S. Section
553.995 (2), F.S., requires the BERS program to be compatible with federal
rating systems and state building codes and standards, where applicable. The
proposed rule changes coincide with changes made to a national standard for
home energy rating systems that is promulgated by the National Association of
State Energy Officials (NASEO). Updating to this standard allows Florida to
maintain its accreditation with NASEO, which has positioned itself to provide
certifications for builders wishing to claim federal tax credits from the
Internal Revenue Service.
SUMMARY: Both Florida’s energy code and the BERS ratings utilize the same
computer programs. The Florida energy code upgraded to the EnergyGauge® USA
program as its calculation engine during the 2007 code update cycle; this rule
does the same for the BERS Program. Forms referenced by the rule are described
with the year “2008” to assure that BERS criteria line up with the 2007 Florida
Building Code, revised 2009, which references the EnergyGauge USA Fla/Res 2008
computer program and the EnergyGauge Summit Fla/Com 2008 computer program.
Adopts 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, and amends applicable portions of the rule to reflect this change:
1. The HERS Score is changed to a HERS Index with the Reference Standard for a
home becoming a ratio when compared to the Design home.
2. The residential ratings will utilize the EnergyGauge® USA ResRate 2008
program, which meets the new Standards.
3. Class 1 raters will be required by the Standards to pass the RESNET National
Core Exam. Recertification of raters will no longer require peer review and
reevaluation.
4. Reporting of ratings will be via website upload.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated
Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated
regulatory costs, or provide a proposal for a lower cost regulatory alternative
must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 553.992,
553.994, 553.998 FS.
LAW IMPLEMENTED: 553.992,
553.995, 553.995(1), (1)(c), (4), 553.996 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD
AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT
BE HELD):
DATE AND TIME: June 14, 2010; 10:00 a.m. to 12:00 Noon
PLACE: Randall Kelley Training Room, Third Floor, Sadowski Building, 2555
Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.
Pursuant to the provisions of the Americans with Disabilities Act, any person
requiring special accommodations to participate in this workshop/meeting is
asked to advise the agency at least 7 days before the workshop/meeting by
contacting: Ila Jones, Community Program Administrator, Department of Community
Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida
32399-2100, (850) 487-1824 If you are hearing or speech impaired, please
contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770
(Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ann Stanton,
Building Codes Analyst, Department of Community Affairs, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399-2100, (850) 488-0964, SUNCOM 278-0964.
THE FULL TEXT OF THE PROPOSED RULE IS:
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) through (7) No change.
(8) Rating System -- a uniform scale of the relative
energy use efficiency of buildings based
on annual energy usage and costs with consideration of local climate conditions, construction practices and building use.
(9) through (16) No change.
(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 an
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 an
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) No change.
(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 Department.
(19) Projected Rating -- A rating of any
Class 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 Score.
(21) HERS Index Score -- The numerical rating for
a home with a value between 0 and 100 where a value of 0 100
indicates that the home uses no purchased energy for heating, cooling, and
hot water, lighting and appliances, and a value of 100 801
indicates that the home has the same energy use for heating, cooling, and
hot water, lighting and appliances as the HERS Rreference Hhome
established by the 2006 Mortgage Industry National Home Energy Rating
Systems Accreditation 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.
Rulemaking 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,
.
9B-60.003 Department Activities.
(1) No change.
(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. The residential rating system methodology is based on Method A
of Sub-Chapter 6 of Chapter 13 of the Code, while the commercial rating system
methodology is based on Method A of Sub-Chapter 4 of the Code. At a
minimum, the Department shall update the rating system by adopting
modifications to the current editions of the Code and Attachment 1 to
the 2006 Mortgage Industry National Home Energy Rating Systems Accreditation
Standards, amended July 22, 2009, (the National Home Energy Rating
Technical Guidelines) 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, Code and the National Home Energy
Rating Technical Guidelines 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 1, 1994. 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, a Building
Energy Rating System disclosure information brochures
to be provided to the prospective purchaser.
Rulemaking 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, .
9B-60.004 Florida Building Energy Rating System, Adopted.
(1) No change.
(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 ________, incorporated herein by reference (EnergyGauge/ResFREE,
Version 3), which produces the Florida Building Energy Rating Guide forms: Form
#11A-01 for the North climate zone, Form #11B-01 for the Central climate zone,
and Form #11C-01 for the South climate. The rating system software
(EnergyGauge/ResFree, Version 3) that produces these forms is hereby
incorporated 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 Efficienciesy of
Residential Thermal Distribution Systems." A Class 3 rating shall be
clearly labeled as a "projected rating based on plans.”
(3) No change.
(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 ______, incorporated herein by reference. (EnergyGauge/ComFREE,
Version 1) which produces the Florida Building Energy Rating Guide
forms: Form #12A-01 for the North climate zone, Form #12B-01 for the Central
climate zone and Form #12C-01 for the South climate zone. The Florida
Commercial Building Energy Rating System software (EnergyGauge/ComFREE, Version
1) is hereby incorporated 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) No change.
Rulemaking 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, .
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, iIn accordance with Section 102.1.4.6 of the 2006
Mortgage Industry National Home Energy Rating Systems Standards, amended July
22, 2009, Chapter 1, Section 4.C.6 of the "National Accreditation
Procedures for Home Energy Rating Systems," 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 11D-01,
Financial Interest Disclosure Form, incorporated herein by reference,
effective .
(b) No change.
(c) An application for annual certification
renewal shall be submitted on a Certified Rater Renewal Form, Form 500B-2008
01, herein incorporated by reference, effective ,
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 01, herein incorporated by reference,
effective , 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
designee 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 above
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) No change.
(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 XI, 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 XI, 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 Chapter 13 of the Florida Building Code, Building,
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. Class 1
residential raters shall be required to satisfactorily perform and complete one
Class 1 rating, accompanied and evaluated by another randomly chosen Class 1
rater, as a requirement for recertification and to comply with Attachment 1 of
the Mortgage Industry National Accreditation Procedures for Home Energy Rating
Systems (the National Home Energy Rating Technical Guidelines) requirement for
periodic peer review and reevaluation of raters. Class 1 raters shall also be
required to serve as a Class 1 peer evaluator at least once within three years
before being recertified. 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 the Florida Solar Energy Center, 1679 Clearlake
Road, Cocoa, FL 32920 in electronic format, either via electronic mail (e-mail)
or on 3 1/2 " diskette.
(a) The Program Administrator
Florida Solar Energy Center
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 Florida
Solar Energy Center may provide a registered BERS Rating report from the
electronic database to a homeowner, or prospective home purchaser for a fee.
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 Guide (Form #11-01 or Form #12-01);
(b) and (c) No change.
(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 its Program Administrator or
the Florida Solar Energy Center,
1679 Clearlake Road, Cocoa, FL 32920.
The Department or the Program Administrator Florida
Solar Energy Center 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, tThe
disclosure form printed from EnergyGauge® USA ResRate 2008
the EnergyGaugeRes/Free program (Form No. 11D-01).
Rulemaking 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, .
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
XI, 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) No change.
(3) The energy rating for existing public
buildings shall be determined using the Florida Commercial Building Energy
Rating System software, EnergyGauge® Summit ComRate-2008 (EnergyGauge/ComFREE
97, Version 1 2.2) 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) No change.
Rulemaking 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, .
9B-60.008 RESNET Standards Guidelines
for Uniformity, Adopted. The 2006 Mortgage Industry National Home
Energy Rating Systems Accreditation Standards, amended July 22, 2009,
promulgated by the Residential Energy Services Network (RESNET) and the
National Association of State Energy Officials (NASEO)/Residential Energy
Services Network (RESNET), June 15, 2002, are adopted for residential
buildings and incorporated by reference as
the rule of this Department except as otherwise specified in this rule
chapter.
Rulemaking Authority 553.992 FS. Law Implemented 553.995(1)(c) FS. History --
New 12-27-98, Amended 11-28-04, .
NAME OF PERSON ORIGINATING PROPOSED RULE: Ann Stanton, Building Codes Analyst,
Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100, (850) 488-0964, SUNCOM 278-0964.
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Thomas G. Pelham, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 27, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 13, 2009