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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 Page left intentionally blank 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