HomeMy WebLinkAboutOrdinance 5512 ORDINANCE NO. 5512
AN ORDINANCE TO AMEND §173.08 ARKANSAS ENERGY CODE OF
THE BUILDING REGULATIONS CHAPTER OF THE U.D.C. TO ADOPT
THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE, FOR
RESIDENTIAL STRUCTURES, WITH AMENDMENTS HEREIN.
WHEREAS, Fayetteville customers spend over $50 million annually for electricity and
natural gas services; and
WHEREAS, more efficient buildings can conserve energy, reduce stress on our
electricity grid and natural gas supplies while saving money and resources for our citizens; and
WHEREAS, improved building codes emphasizing energy conservation can reduce
future energy consumption and the costs associated with energy production; and
WHEREAS, the existing State adopted and amended 2003 International Energy
Conservation Code is inferior in comparison with the 2009 International Energy Conservation
Code; and
WHEREAS, pursuant to A.C.A §14-55-206 and 207, the City of Fayetteville has
published notice in the Northwest Arkansas Times that the City Council will consider enacting
an ordinance to adopt and require all new residential construction and renovations to comply
with the 2009 International Energy Conservation Code, three copies of which are available for
public inspection and review in the Fayetteville City Clerk's Office.
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 repeals
§173.08 Arkansas Energy Code of the Unified Development Code and enacts a replacement
§173.08 Energy Conservation Code as shown below:
"§173.08 Energy Conservation Code
(A)Commercial. The Arkansas Energy Code, its Rules and Regulations as adopted and
promulgated by the Arkansas Energy Office, and as from time to time
Page 2
Ordinance No. 5512
hereafter may be amended, is hereby adopted by reference pursuant to A.C.A. § 14-
55-206 and § 14-55-207.
(B)Residential. The 2009 International Energy Conservation Code(IECC) is hereby
adopted by reference for all new residential structures with the exception of§107
Fees and §109 Board of Appeals.
(1) New residential construction.
The 2009 IECC is hereby amended by adding a provision requiring a Home
Energy Rating System (HERS) Index rating for new residential construction. The
City of Fayetteville requires that all new residential construction have a Home
Energy Rating System (HERS) Index rating completed by an independent
RESNET certified home energy rater, or equivalent, prior to the issuance of a
Certificate of Occupancy. Residential developments that utilize the exact same
floor plan multiple times are required to have a HERS Index rating completed on
a minimum of 20% of the residential units.
(2) Sticker.
A sticker provided by the city shall be posted in a very visible location near the
front entrance to the residential structure indicating the estimated monthly utility
cost as derived from the HERS Index rating until the structure is sold, or for at
least 90 days, whichever is less.
(3) Additions, Alteration and renovations.
All additions, alterations and renovations to existing residential structures shall
comply with the standards of the 2009 IECC, but shall not be required to provide
a HERS Index rating or post a sticker. Where it is shown to be impractical to meet
the 2009 IECC, the Building Official may permit additions to comply with the
Arkansas Energy Code, its Rules and Regulations as adopted and promulgated by
the Arkansas Energy Office, and as from time to time hereafter may be amended."
(4) Repairs.
All repairs to existing residential structures and mechanical systems need only be
constructed to at least the same energy conservation standard as the damaged
structure or mechanical system which needed repair unless a higher standard is
required by the Arkansas Energy Code.
(5) Fees.
Page 3
Ordinance No. 5512
§107 Fees of the IECC is removed to reflect that only the City Council can set
required fees and any refund policy,the"code official" cannot set fees nor a
refund policy. All fees shall be as prescribed in the Unified Development Code.
(6) Appeals.
§109 Board of Appeals shall be removed from the IECC and have no force or
application. Appeals of the Building Official's interpretation of this International
Energy Conservation Code shall be heard by the existing Board of Construction
Appeals and no new Board of Appeals for interpreting the International Energy
Conservation Code shall be created by this Code.
Section 2. That in order to adequately prepare the residential construction industry for the
2009 International Energy Conservation Code (IECC) and the related new testing requirements,
the effective date of the new code shall be implemented in stages as follows:
(1) All provisions of the adopted 2009 IECC, as amended, shall become effective on
September 03, 2012, with the exception that a Certificate of Occupancy may be
issued even if a residential structure does not pass the air sealing/infiltration or
duct sealing testing requirements.
(2) The HERS Index rating and associated sticker requirements shall become
effective on September 03, 2012.
(3) All provisions of the adopted 2009 IECC, as amended, shall be effective on
March 06, 2013.
PASSED and APPROVED this 17''day of July, 2012.
APPROVED: ATTEST:
)3y:.(
: l By: l/0/i ttriivt� r� �lyu��/l
I HELD O AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
°�G4�,...•E4SG.
;FAYETTEVILLE•
.9 S
..
AGENDA REQUEST FORM
FOR: COUNCIL MEETING OF June 05, 2012
FROM: Mayor Lioneld Jordan
Council Member Matthew Petty
Council Member Sarah Lewis
ORDINANCE TITLE AND SUBJECT:
ADM 11-3655: Residential Energy Code
An ordinance to amend the Residential Energy Code, adopting the 2009 IECC Energy Code for
Residential Construction, with the addition of a Home Energy Rating System (HERS)
requirement.
APPROVED FOR AGENDA:
ayor Lio ordan Date
� Z � 2vlz
Cout cil Mem Matthew Pe Date
2--
Council Member Sarah Lewis Date
Packet Prepared by:
Jeremy Nte Date
Director of Development Services
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a e v1 le THE CITY OF FAYETTEVILLE,ARKANSAS
01 y DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan
City Council
CC: Don Marr,Chief of Staff
Kit Williams,City Attorney
Jeremy Pate, Development Services Director
David Molaschi, Building Official
From: Leif Olson, Associate Planner
Date: May 17,2012
Subject: ADM 11-3655 Residential Building Codes
PURPOSE
In July of 2011, Mayor Lioneld Jordan and Alderman Matthew Petty co-sponsored Resolution 117-11 to have city staff
examine City building codes and recommend amendments to further promote sustainable practices and energy
conservation for City Council consideration.
BACKGROUND
The City of Fayetteville, along with the rest of the State,has consistently followed the State of Arkansas' lead on building
code adoption to regulate construction practices in the commercial and residential sectors. Currently, the State requires
compliance with an amended 2003 International Energy Conservation Code (IECC). Since the State's adoption of the
2003 IECC there have been three IECC updates (2006, 2009 and 2012). Due to Arkansas' rural nature the State Building
Codes are not regularly updated to the newer standards, primarily because rural areas may not have the resources to
adequately enforce these codes. Unfortunately, that leaves the more urban areas of the State regulating building practices
with the older, less energy efficient standards unless a municipality chooses to adopt more stringent standards. In addition,
Northwest Arkansas is unique our counterparts in the central, south and east parts of the state in that we are situated in a
different climate zone. Many peer urban areas in the climate zone in which Fayetteville is situated (Springfield, Joplin,
Columbia, MO; Lawrence, Manhattan, KS; Bowling Green, KY; Nashville, TN) have adopted new energy codes for
building construction.
In December 2007, the Mayor's Ad-Hoc Committee on Energy Efficient Construction was assembled with the goal of
improving energy efficiency. The Committee quickly narrowed its focus on new residential construction and created the
voluntary Residential Energy Efficiency Program (BEEP) and the Fayetteville Energy Scorecard. Unfortunately, the
voluntary REEP program has not resulted in the widespread adoption of green building practices that the City had hoped
for in the 4 years since it was adopted.
On July 5, 2011 the City Council passed Resolution 117-11 directing City Staff to examine Fayetteville's current building
codes and recommend possible changes to encourage energy efficiency improvements for City Council consideration. A
Residential Building Code Task Force was formed comprised of local home builders, architects and energy performance
consultants tasked with researching,modeling and developing a recommendation for the adoption of energy code changes.
Included in the staff report is the research and energy modeling analysis conducted by the Residential Building Code Task
THE CITY OF FAYETTEVILLE,ARKANSAS
Force as well as a report prepared by the U.S. Department of Energy titled "Impacts of the 2009 IECC on Residential
Buildings in Arkansas". Together these analyses paint a clear picture of the improvements that can be made upon the
existing energy codes for residential construction,and what the cost and benefit will be to the consumer.
RECOMMENDATION
After completing substantial research and home energy modeling, the Residential Building Code Task Force and City
staff recommends adopting the 2009 IECC for residential construction with an additional requirement for a Home Energy
Rating (HERS) for all new residential structures. After consulting with Home Builders Association membership
representatives on multiple occasions,staff is also recommending a delayed implementation date for the HERS and sticker
requirement, as this is a new step in the home construction process for some builders.
Included in the staff report are the following resources:
1) Resolution 117-11, adopted by the City Council
2) Committee Summary Analysis of Residential Energy Codes
3) Cost/Benefit Analysis of Residential Energy Codes (3 pages)
4) Dept. of Energy Report,"Impacts of the 2009 IECC for Residential Buildings at State Level"
5) 2009 IECC,Chapter l 1 Residential Energy Efficiency
BUDGETIMPACT
None.
THE CITY OF FAYETTEVILLE,ARKANSAS
Marked-Up Version
The following language is removed:
173,09 Arkangas Energy Code
b
Hted
by referaftee pttrsttant to A.G.A. § 14 55 206 and § 14 55 2AW.
The BuildiHg Safety Division is autherized to design, appFaye and may laten- amend an Finer" Effisionley
The following language is added.
173.08 Energy Efficiency Code
(A) Commercial. 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)Residential. The 2009 International Energy Efficiency Code(IECC) is hereby adopted by reference for all
new residential structures.
(1) The 2009 IECC is hereby amended by adding a provision requiring a Home Energy Rating(HERS) for
new home construction. The City of Fayetteville requires that all new residential construction have a
Home Energy Rating (HERS)completed by an independent RESNET certified home energy rater, or
equivalent, prior to the issuance of a Certificate of Occupancy. Residential developments that utilize the
exact same floor plan multiple times are required to have a HERS completed on a minimum of 20%of
the residential units.
(2) A sticker shall be posted in a very prominent location near the front door showing the estimated monthly
utility cost until the home is sold.
(3) All additions, alterations, renovations or repairs to existing residential structures shall comply with the
standards of the 2009 IECC, but shall not be required to provide a HERS or post a sticker. Where it is
shown to be impractical to meet the 2009 IECC, the Building Official may consider permitting
additions, alterations, renovations or repairs in compliance with 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.
Page left intentionally blank
ORDINANCE NO.
AN ORDINANCE TO AMEND §173.08 ARKANSAS ENERGY
CODE OF THE BUILDING REGULATIONS CHAPTER OF
THE U.D.C. TO ADOPT THE 2009 INTERNATIONAL
ENERGY CONSERVATION CODE, FOR RESIDENTIAL
STRUCTURES, WITH AMENDMENTS HEREIN.
WHEREAS, Fayetteville customers spend over$50 million annually for electricity and
natural gas services; and
WHEREAS, more efficient buildings can conserve energy, reduce stress on our
electricity grid and natural gas supplies while saving money and resources for our citizens; and
WHEREAS, improved building codes emphasizing energy conservation can reduce
future energy consumption and the costs associated with energy production; and
WHEREAS, the existing State adopted and amended 2003 International Energy
Conservation Code is inferior in comparison with the 2009 International Energy Conservation
Code; and
WHEREAS, pursuant to A.C.A §14-55-206 and 207, the City of Fayetteville has
published notice in the Northwest Arkansas Times that the City Council will consider enacting
an ordinance to adopt and require all new residential construction and renovations to comply
with the 2009 International Energy Conservation Code, three copies of which are available for
public inspection and review in the Fayetteville City Clerk's Office.
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 repeals
§173.08 Arkansas Energy Code of the Unified Development Code and enacts a replacement
§173.08 Energy Conservation Code as shown below:
"§173.08 Energy Conservation Code
(A) Commercial.•The Arkansas Energy Code, its Rules and Regulations as adopted
and promulgated by the Arkansas Energy Office, and as 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) Residential. The 2009 International Energy Conservation Code (IECC) is hereby
adopted by reference for all new residential structures with the exception of§107
Fees and §109 Board of Appeals.
(1) New residential construction.
The 2009 IECC is hereby amended by adding a provision requiring a Home
Energy Rating System (HERS) Index rating for new residential construction.
The City of Fayetteville requires that all new residential construction have a
Home Energy Rating System (HERS) Index rating completed by an
independent RESNET certified home energy rater, or equivalent, prior to the
issuance of a Certificate of Occupancy. Residential developments that utilize
the exact same floor plan multiple times are required to have a HERS Index
rating completed on a minimum of 20% of the residential units.
(2) Sticker.
A sticker provided by the city shall be posted in a very visible location near
the front entrance to the residential structure indicating the estimated monthly
utility cost as derived from the HERS Index rating until the structure is sold,
or for at least 90 days, whichever is less.
(3) Additions, Alteration and renovations.
All additions, alterations and renovations to existing residential structures
shall comply with the standards of the 2009 IECC, but shall not be required to
provide a HERS Index rating or post a sticker. Where it is shown to be
impractical to meet the 2009 IECC, the Building Official may permit
additions, alterations and renovations to comply with the Arkansas Energy
Code, its Rules and Regulations as adopted and promulgated by the Arkansas
Energy Office, and as from time to time hereafter may be amended.
(4) Repairs.
All repairs to existing residential structures and mechanical systems need only
be constructed to at least the same energy conservation standard as the
damaged structure or mechanical system which needed repair unless a higher
standard is required by the Arkansas Energy Code.
(5) Fees.
§107 Fees of the IECC is removed to reflect that only the City Council can set
required fees and any refund policy, the "code official" cannot set fees nor a
refund policy. All fees shall be as prescribed in the Unified Development
Code.
(6) Appeals.
§109 Board of Appeals shall be removed from the IECC and have no force or
application. Appeals of the Building Official's interpretation of this
Intemational Energy Conservation Code shall be heard by the existing Board
of Construction Appeals and no new Board of Appeals for interpreting the
Intemational Energy Conservation Code shall be created by this Code.
Section 2. That in order to adequately prepare the residential construction industry for the
2009 International Energy Conservation Code (IECC) and the related new testing requirements,
the effective date of the new code shall be implemented in stages as follows:
(1) All provisions of the adopted 2009 IECC, as amended, shall become effective
on September 03, 2012, with the exception that a Certificate of Occupancy
may be issued even if a residential structure does not pass the air
sealing/infiltration or duct sealing testing requirements.
(2) The HERS Index rating and associated sticker requirements shall become
effective on September 03, 2012.
(3) All provisions of the adopted 2009 IECC, as amended, shall be effective on
March 06, 2013.
PASSED and APPROVED this day of , 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
