HomeMy WebLinkAboutOrdinance 5157 ORDINANCE NO. 515?
AN ORDINANCE TO ENACT THE ARKANSAS ENERGY
CODE AS A PART OF THE UNIFIED DEVELOPMENT CODE
AND TO AMEND THE ENERGY CODE TO ADD A
PROVISION FOR AN ENERGY EFFICIENCY CERTIFICATE
WHEREAS, the Building Safety Division has been using the Arkansas Energy Code in
advising home builders about energy savings measures; and
WHEREAS, Building Safety and the Mayor' s Ad Hoc Sustainability Committee
recommend adopting the Arkansas Energy Code as a part of the City' s Unified Development
Code; and
WHEREAS, Building Safety and the Ad Hoc Sustainability Committee recommend an
addition to the Energy Code of a certificate to evaluate and attest to the energy efficiency
measures built into a new home; and
WHEREAS, Building Safety has been awarded a grant to pay for costs to print the
certificates.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby renumbers
§§ 173 .08, 173 .09 and 173 . 10 of the Unified Development Code to § § 173 .09, 173 . 10 and
173 . 11 respectively and enacts a new § 173 .08 as follows:
"§173.08 Arkansas Energy Code
"(A) Adoption by reference. The Arkansas Energy Code, its Rules
and Regulations as adopted and promulgated by the Arkansas
Energy Office, and as may from time to time hereafter may be
amended, is hereby adopted by reference pursuant to A.C.A. § 14-
55-206 and § 14-55-207.
Page 2
Ord. 5157
"(B) The Arkansas Energy Code is amended by adding a
provision for an Energy Efficiency Certificate for new home
construction.
"The Building Safety Division is authorized to design, approve and
may later amend an Energy Efficiency Certificate to be affixed
inside the main electrical panel indicating the operational energy
efficiency measures incorporated into the building at the time of
the completion of its construction."
Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby notifies the
public that three copies of the Arkansas Energy Code are available and open to public
examination in the City Clerk's Office prior to the passage of this ordinance and that copies shall
be available and open to public examination in the Office of Building Safety after passage of this
Ordinance.
PASSED and APPROVED this 5`h day of August, 2008. ``'1RK/TRie
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APPROVED: ATTEST: = ; FAYETTEVILLE ;
By: By: 01ablin.y MMQ�
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville Staff Review Form S/61S
City Council Agenda Items 5/ j7
and
Contracts, Leases or Agreements 97r'u'/rr yy
7/15/2008
City Council Meeting Date ` -
Agenda Items Only
Steve Cattaneo Building Safety Operations
Submitted By Division Department
Action Required:
Council approval of an ordinance amending the Unified Development Code §§ 173 adopting the Arkansas Energy
Code with a local amendment requiring an "energy efficiency certificate" to be afixed inside the electrical panel door
in new homes.
N/A $
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
� Q Previous Ordinance or Resolution #
Department Di ct Date
/ Original Contract Date:t0`Z Original Contract Number:
City Attorney Date
Received in City
Clerk's Office
Financ nd Internal Service Director Date
K Received in
�7 T Mayor's Office
Mayor c Date
Comments:
avis ep April 16, 2007 DO
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ARKANSAS
The City of Fayetteville, Arkansas
BUILDING SAFETY DIVISION
CITY COUNCIL AGENDA MEMO
TO: Mayor and City Council
THRU: Gary Dumas, Operations Director
FROM: Steve Cattaneo, Building Safety Director
DATE: June 26, 2008
RE: Ordinance amending the UDC §§ 173 adopting the Arkansas Energy Code
with amendment
Intent:
To adopt the Arkansas Energy Code and to amend the Code to require a certificate that
indicates the energy efficiency of new residences.
Background:
Mayor Coody initiated an ad-hoc committee early this year to develop a program to
promote energy efficient construction. The committee has been meeting regularly twice
monthly. One of the recommendations from the committee is to require an energy
efficiency certificate (stick on label) to be installed inside the electrical panel cover that
contains information to assist the owner, occupant or buyer in making decisions about
energy efficient construction as well as information for future owners. John Coleman and
I are the City liaisons for the committee.
The Arkansas Energy Code is enforceable as part of the Arkansas Fire Prevention Code.
Staff recommends the adoption of the Arkansas Energy Code and to amend the Code to
require an energy efficiency certificate in all new residences.
ORDINANCE NO.
AN ORDINANCE TO ENACT THE ARKANSAS ENERGY CODE
AS A PART OF THE UNIFIED DEVELOPMENT CODE AND TO
AMEND THE ENERGY CODE TO ADD A PROVISION FOR AN
ENERGY EFFICIENCY CERTIFICATE
WHEREAS, the Building Safety Division has been using the Arkansas Energy Code in
advising home builders about energy savings measures; and
WHEREAS, Building Safety and the Mayor's Ad Hoc Sustainability Committee
recommend adopting the Arkansas Energy Code as a part of the City' s Unified Development
Code; and
WHEREAS, Building Safety and the Ad Hoc Sustainability Committee recommend an
addition to the Energy Code of a certificate to evaluate and attest to the energy efficiency
measures built into a new home; and
WHEREAS, Building Safety has been awarded a grant to pay for costs to print the
certificates.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby renumbers
§§ 173 .08, 173 .09 and 173 . 10 of the Unified Development Code to § 173 .09, 173 . 10 and 173 . 11
respectively and enacts a new § 173 .08 as follows:
"§173.08 Arkansas Energy Code
"(A) Adoption by reference. The Arkansas Energy Code, its Rules
and Regulations as adopted and promulgated by the Arkansas Energy
Office, and as may from time to time hereafter may be amended, is
hereby adopted by reference pursuant to A.C.A. § 14-55-206 and
§ 14-55-207.
"(B) The Arkansas Energy Code is amended by adding a provision for
an EnergyEfficiency Certificate for new home construction.
"The Building Safety Division is authorized to design, approve and
may later amend an Energy Efficiency Certificate to be affixed inside
the main electrical panel indicating the operational energy efficiency
measures incorporated into the building at the time of the completion
of its construction."
Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby notifies the
public that three copies of the Arkansas Energy Code are available and open to public
examination in the City Clerk' s Office prior to the passage of this ordinance and that copies shall
be available and open to public examination in the Office of Building Safety after passage of this
Ordinance.
PASSED and APPROVED this 15`h day of July, 2008.
APPROVED: ATTEST:
DAN COODY, Mayor SONDRA E, SMITH, City Clerk/Treasurer
Proposed amendments :
§ 173.01 General Provisions
In addition to the specific provisions provided hereinafter, the following general
provisions shall apply to the Building Code, Energy Code, Electric Code, Gas
Code, Mechanical Code and the Plumbing Code.
§ 173.08 Energy Code ( New section, other sections renumbered)
(A) Adoption by reference. There is hereby adopted by the City Council by
reference thereto the provisions set forth in the Arkansas Energy Code Rules
and Regulations duly adopted and promulgated by the Arkansas Energy Office
Little Rock. Arkansas, pursuant to the authority expressly conferred by the laws
of the State of Arkansas, as may from time to time hereafter be amended save
and except such portions of said code as may be deleted modified or amended
herein.
(B) Amendments, additions, and deletions The Arkansas Energy Code shall
be amended as follows:
(11 ) Certificate. Every new residence shall have a certificate affixed inside
the main electrical panel indicating the energv efficiency measures
incorporated into the operation of the building at the time of completion of
construction . The certificate may be amended and shall be approved by
the Building Official.
Budget considerations :
2008 budget of the Building Safety Division can absorb the initial cost of 100 certificates
(stick on labels) which is about $250, but we are expecting to receive grant funding that
will cover this cost. These certificates will last well into 2009 where they may be
budgeted as a separate line item.
Conclusion :
Adopting the Arkansas Energy Code with a local amendment that requires the certificate
will increase the consumer' s awareness of the energy efficiency for the various building
elements in the home. The energy efficiency of a building is a function of many elements
considered as separate parts of the whole, which can lead to confusion for the average
homebuyer. The certificate is intended to provide the owner, occupant or buyer with a
simple to understand overview of the buildings energy efficiency in order to easily make
an informed decision.
FAYETTEVILLE
THE CIN OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO : Steve Cattaneo, Building Safety Director
Gary Dumas, Director of Operations
CC : Sondra Smith, City Clerk
Jeremy Pate, Director of Current Planning
FROM : Kit Williams, City Attorney
DATE : June 13, 2008
RE : Amending Chapter 173 : Building Regulations
of the Unified Development Code
The proposed amendment to the Unified Development Code should go
through the Planning Commission prior to consideration of the City Council.
Planning Commission Minutes
ADM 08=3033
UDC Amendment §173 Building Regulations
Recommended for approval 23 June 2008
Planning Commission
June 23, 2008
Page 5 of 10
ADM 08-3033: (UDC Amendment — Ch. 173 Building Regulations): Submitted by Steve
Cattaneo, Building Safety Director, requesting an amendment to Ch. 173 of the UDC, adopting the
Arkansas Energy Code with local amendments.
Steve Cattaneo, Building Safety Director, gave the background on an ad-hoc committee created for
reviewing the Arkansas Energy Code. Staff would like to develop a method for new homebuyers to
compare homes on energy usage between homes. We would like to educate builders, consumers,
and realtors. We would also like to create a competitive market and educational programs. The
program would be voluntary, not required. A label would be required to be placed inside the
electrical panel, and it would indicate if the home exceeded energy codes, etc., so any potential buyer
could see where the home is at. The label will have information that will be useful for future owners
to tell about the qualities of the house.
Jason Brown, Arkansas Western Gas representative and committee member, stated the committee
had settled on a metric of the carbon footprint of a residence. We are currently in process of creating
a spreadsheet that would produce a score using a code-compliant residence as a baseline; and with
alterations and improvements the methodology will calculate how the carbon footprint has been
reduced by those changes. The methodology uses the "manual J" calculation, .which is the load
calculation of peak cooling and heating loads already required for the city, and'.are input with the
square footage numbers to calculate a baseline to run on. From there, the major,energy users in the
home such as HVAC equipment, water heaters, washer and dryers, lighting etc. are added into the
scorecard, which produces arolling carbon footprint calculation based on percentage improvement
for all the things the homeowner does. It results in a standardized score from 0-100, where 0 means
it is merely code-compliant, and 100 means the carbon footprint has been completely eliminated.
Information would be readily available to builders and inspectors. The label would include pertinent
information including the score and what items contributed to that score for the information for the
home owner.
John Coleman, Sustainability Coordinator, stated that some of the things we wanted to include were
a checklist based on other checklists from other cities and the U.S. Green Building Council, in the
process of applying scores to those so we can relate that back to the scorecard. It will be a simple
checklist where builders will be able to -- once they provide the manual J, which is the main portion
of the scorecards, they can go in and determine what kind of HVAC system has been added, whether
they did a programmable thermostat, what type of installations have been done. All these things
accrue points in that way. Coleman provided a draft of a scorecard showing how the score is
calculated. It will be simple enough so the consumer will be able to easily judge what homes are
more energy efficient relative to others. It will also have more pertinent information such as the R
value of the roof and ceilings, things they would not notice coming in 5 years later to purchase the
home. The minimum requirement would be that the scorecard will be posted in the electrical panel.
No public comment was received.
Commissioner Graves asked if the certificate in the electrical panel would be the scorecard.
Planning Commission
June 23, 2008
Page 6 of 10
Coleman stated that it would be.
Commissioner Anthes asked if the request was to adopt the Arkansas Energy Code, which is
currently considered but not officially adopted, and then amend it by requiring the scorecard.
Cattaneo stated that that was correct.
Commissioner Anthes stated she was confused because she was being asked to require this
certificate but does not know what is actually going to be on it. It is only a draft at this stage. She
would feel better knowing things for certain about the scorecard before approving it, such as: what
building elements would be listed on the label, who verifies the numbers listed, who verifies the
installed items meet the criteria of the drawing, whose time will be spent doing that, and do we have
a budget allocated toward that staff time if indeed staff and not the builder will be doing it. She is
blown away by the comment about the possibility of 100% removing the carbon footprint. She
stated she is very confused about what is being proposed.
Cattaneo discussed the Arkansas energy code; as forthe scorecard, it is intended to allow consumers
to know where their residence stands.
Commissioner Anthes asked if this will add time for inspectors.
Cattaneo stated it will add some time, but feels it is manageable with what we're doing already.
Brown stated that a significant portion of the discussion among the committee has been about how
to make it easy for the inspectors and home builders. Regarding Commissioner Anthes' carbon
footprint question, the intent of the committee was to work on the operation of the actual home. It
was originally energy efficiency, we chose carbon footprint to be the best metric to judge that by.
Commissioner Anthes stated she did not have a problem with the idea of doing this, but asked if we
need to know all of the information from this scorecard before we send it forward with a
recommendation of approval.
Kit Williams, City Attorney, stated that he thinks that with this presentation and the information that
has been presented that it would be appropriate to have it forwarded to City Council, allowing some
more details to be worked out.
Commissioner Anthes stated she would like to see the code adopted and the program put in place.
Williams stated that with the kind of enforcement measures that will not be intense enforcement
measures, this is a voluntary program which the committee is seeking acceptance for. As any
ordinance or code goes, there are always modifications and improvements, so it will be looked at as a
first step, not the last step.
Cattaneo stated that the committee did not perceive the amendment as being set in stone, and there
would likely be revisions over a period of time.
Planning Commission
June 23, 2008
Page 7 of 10
Commissioner Anthes stated she was concerned with the program being meaningful, in that it
should be properly verified.
Commissioner Winston asked if the sticker goes in with the Certificate of Occupancy, and if you
get a sticker whether you take part in the program or not.
Cattaneo stated this was correct.
Commissioner Winston asked if the sticker could work retroactively for homes.
Coleman stated it would be very difficult to do that without inspections in place at the time of initial
construction.
Commissioner Winston asked about remodels.
Brown stated that if you do an extensive remodel - the building block of all of this starts with the
manual J calculations, so you have to know the peak heating and cooling loads and that requires an
intimate knowledge of the building shell, so it is required to know how much insulation there is and
specifications on the doors and windows. So it would be possible to determine the score if the house
were to be gutted to the shell, but as time goes by you lose the baseline information you need for the
manual J calculation upon which the score is built. So it depends on the extent of the remodel.
Commissioner Winston asked if a brand new house was built but did not have major appliances in
it, could the house still be able to qualify for the sticker?
Brown stated the committee has not yet discussed that.
Coleman stated that if the builder is not going to provide appliances and the house has obtained its C
of O, it seems reasonable that they would not be awarded any points for those upgrades. The y are
not going to send an inspector back out to see if they have added Energy Star appliances after the C
of O has been issued.
Commissioner Winston asked if there was an allowance for something experimental or unusual,
and if people could be awarded "creativity points."
Coleman stated he has discussed that and will likely try and do that with this proram.
Commissioner Graves asked if the certificate could be changed over time to incorporate
experimental things or alterations that might come up. He asked if it could be amended to clarify that
we are talking about the operation of the building at the time of construction. Right now it says
"energy efficiency measures incorporated into the building," and maybe it could say, "incorporated
into the operation of the building at the time of construction." It seems like B- 1 could be more
flexible to allow Building Safety staff to modify that.