Staff Analysis for Declaratory Statement Request DS 2018-034

 

Issue: Petitioner seeks a Declaratory Statement on interpretation of Section R405.4.2.1 and R405.4.2.2.

 

The petitioner has submitted the following questions for clarification.

 

1.  Is "indicating that the building passes the performance matrix" (referenced in

R405.4.2.21tem 3) the same task as confirming the as-proposed design from R405.3 (referenced in R405.4.2.2 Item 2)?

 

1a) If the answer is no, what is the reference for tasks/provisions/requirements in

the 'performance matrix'?

 

 

2.   Can the paperwork  (as  printed  out from  FBC  approved  software)  submitted  for

R405.4.2.1 also be used to meet R405.4.2.2?

 

2a) If the answer is no, must the Florida Building Commission approve the certificate of occupancy compliance report worksheet a jurisdiction develops in accordance with R101.5.1?

 

3. If there is no change to the proposed design during the course of the construction and all

required inspections to verify compliance are performed, is there a need for the building

department to request the as-built compliance report per Section 405 .4.2.2 prior to the issuance

of the certificate of occupancy?

 

4. If there are changes to the proposed design during the course of the construction and the

compliance report is amended; and submitted for review and approval prior to conducting the

required inspections, is there a need for the building department to request the as-built

compliance report per Section 405.4.2.2 prior to the issuance of the certificate of occupancy?

 

 

 

 

Background:

 

Situation:

 

The Petitioner, Ashley Ong, Assistant Building Official, City of Winter Park seeks a declaratory statement concerning Section 405.4.2.2 of the 6th Edition (2017) Florida Building Code, Energy Conservation.  The project in question is a new single-family residence (SFR) at 1750 Walnut Ave, Winter Park, Florida – Building Permit #18-321.  This will be the 1st SFR that will be regulated under the new provision of Section R405.4.2.2 Compliance report for certificate of occupancy.   Multiple inspections have already been performed on this project and no change so far was made to the proposed design. 

 

Since its inception in 1977, the Florida Thermal Efficiency Code (commonly called the Energy Code) has demonstrated compliance using a performance –based calculation methodology, that compares a standard design to a proposed design.  If the energy budget of the proposed design is less than or equal to the standard design, then the proposed house is considered to pass.  The calculation is subsequently confirmed through the inspection process by building department as the house is actually built. 

 

6th Edition (2017) Florida Building Code, Energy Conservation

 

R101.5 Compliance. Residential buildings shall meet the provisions of Florida Building Code, Energy Conservation—Residential Provisions. Commercial buildings shall meet the

provisions of Florida Building Code, Energy Conservation—Commercial Provisions.

 

R101.5.1 Compliance materials. The Florida Building Commission shall approve specific computer software, worksheets, compliance manuals and other similar materials

that meet the intent of this code. Commission approved code compliance demonstration forms can be found in Table R101.5.1.

 

 

 

 

 

 

 

 

 

 


R101.5.1.1 Residential   3 stories.

 

R101.5.1.1.1 Building thermal envelope alternative.

An accurately completed Residential Building Form R402 shall be submitted to the code official to demonstrate code compliance by this method. Alternatively, a Florida REScheck computer printout may be submitted to demonstrate compliance by Sections

R402, R403 and R404.

 

R101.5.1.1.2 Simulated performance alternative.

An accurately completed Residential Building Form R405 (generated by Commission approved software) demonstrating that code compliance has been achieved shall be submitted to the building official for compliance by Section R405.

 

SECTION R104 INSPECTIONS

R104.1 General. Construction or work for which a permit is required shall be subject to inspection by the code official or his or her designated agent, and such construction or work

shall remain accessible and exposed for inspection purposes until approved. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection

purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material, product, system or building component required to allow inspection to validate compliance with this code.

 

R104.6 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made to achieve compliance with this

code. The work or installation shall then be resubmitted to the code official for inspection and testing.

 

R104.2.5 Final inspection. The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation of all required building systems, equipment and controls and their proper operation and the required number of

high-efficacy lamps and fixtures.

 

R103.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not

in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

 

R405.3 Performance-based compliance. Compliance based on simulated energy performance requires that a proposed residence (proposed design) be shown to have annual total normalized Modified Loads that are less than or equal to the annual total loads of the standard reference design as calculated in accordance with Appendix RC of this standard.

 

R405.4.2 Compliance report. Compliance software tools shall generate a report that documents that the proposed design complies with Section R405.3. A compliance report on the proposed design shall be submitted with the application for the building permit. Upon completion

of the building, a compliance report based on the as-built condition of the building shall be submitted to the code official before a certificate of occupancy is issued. Batch sampling of buildings to determine energy code compliance for all buildings in the batch shall be

prohibited.

 

Compliance reports shall include information in accordance with Sections R405.4.2.1 and R405.4.2.2.

Where the proposed design of a building could be built on different sites where the cardinal orientation of the building on each site is different, compliance of the proposed design for the purposes of the application for the building permit shall be based on the worst-case orientation, worst-case configuration, worst-case building air leakage and worst- case duct leakage. Such worst-case parameters shall be used as inputs to the compliance software for energy analysis.

 

R405.4.2.1 Compliance report for permit application.

A compliance report submitted with the application for building permit shall include the following:

 

1. Building street address, or other building site identification.

 

2. A statement indicating that the proposed design complies with Section R405.3.

 

3. An inspection checklist documenting the building component characteristics of the proposed design as indicated in Table R405.5.2(1). The inspection checklist shall show results for the proposed design with user inputs to the compliance software to generate the results.

 

4. A site-specific energy analysis report that is in compliance with Section R405.3.

 

5. The name of the individual performing the analysis and generating the report.

 

6. The name and version of the compliance software tool.

 

Exception: Multiple orientations. When an otherwise identical building model is offered in multiple orientations, compliance for any orientation shall be permitted by documenting that the building meets the performance requirements in each of the four cardinal (north, east, south and west) orientations, or the “Worst” orientation. Compliance software tools may calculate the “Worst Case” orientation by rotating the building through the 4 or 8 cardinal orientations.

 

R405.4.2.2 Compliance report for certificate of

occupancy. A compliance report submitted for obtaining the certificate of occupancy shall include the following:

 

1. Building street address or other building site identification

 

2. A statement indicating that the as-built building complies with Section R405.3.

 

3. A certificate indicating that the building passes the performance matrix for code compliance and listing the energy saving features of the buildings.

 

4. A site-specific energy analysis report that is in compliance with Section R405.3.

 

5. The name of the individual performing the analysis and generating the report.

 

6. The name and version of the compliance software tool.

 

R405.4.3 Additional documentation. The code official shall be permitted to require the following documents:

 

1. Verification that an EPL display card signed by the builder providing the building component characteristics of the proposed design will be provided to the purchaser of the home at time of title transfer.

 

2. Documentation of the component efficiencies used in the software calculations for the proposed design.

 

2015 International Energy Conservation Code Commentary

 

R405.1 Scope. This section establishes criteria for compliance using simulated energy performance analysis. Such analysis shall include heating, cooling and service water heating

energy only.

 

This section simply indicates that the performance analysis can include not only building envelope performance (as is limited in Section R402.1.4) but that the tradeoffs can also include the energy used for heating, cooling and service water heating. The provisions of this section do not include an allowance for lighting energy to be included. If a designer wished to include lighting, it would be done under the alternative materials and methods provisions of Section

R102 (see commentary, Section R102).

 

Section R405.1 establishes the terms of performance- based comparison for residential buildings.

Under the Section R405 Simulated Performance approach, the candidate building (proposed design) is evaluated based on the cost of energy used. In simple terms, Section R406 states: build the residence any way as long as it is designed to use no more energy than a home built exactly to the minimum requirements in Sections R402 and R403.

 

The general procedure is to show that the annual energy cost for the building is less than the annual energy cost of a building that just meets the prescriptive requirements. The applicant must estimate the annual energy cost for two buildings: the one to be built and the standard reference design building.  Because the two are compared on the basis of annual energy costs, designs that have lower demand charges or use energy when rates are lower may be able to gain an advantage using Section R405.

 

R405.4.1 Compliance software tools. Documentation verifying that the methods and accuracy of the compliance software tools conform to the provisions of this section shall be provided to the code official.

This section is essentially a general requirement that where software is used to demonstrate compliance under Section R405, the software be shown to provide accurate comparisons and results. Many of the software systems that may be used will be familiar and readily acceptable to the code official. Where a less commonly used software is proposed for use, the code official will need to be shown that the software performs its intended function and is accurately

comparing the standard reference and proposed designs.

 

R405.4.2.1 Compliance report for permit application. A compliance report submitted with the application for building permit shall include the following:

 

1. Building street address, or other building site identification.

2. A statement indicating that the proposed design complies with Section R405.3.

3. An inspection checklist documenting the building component characteristics of the proposed design as indicated in Table R405.5.2(1). The inspection checklist shall show results for both the standard reference design and the proposed design with user inputs to the compliance software to generate the results.

4. A site-specific energy analysis report that is in compliance with Section R405.3.

5. The name of the individual performing the analysis and generating the report.

6. The name and version of the compliance software tool.

 

Providing the address of the project will not only help in the tracking of the project and various permits, but it also ensures that the calculations run were for the intended project and not based on a project that may not be applicable. While it may be possible to run a calculation based on a stock set of plans [see orientation provisions in Table R405.5.2(1)], the best way to provide a truly accurate comparison is to provide a site-specific evaluation, as required in Item 4.

Item 2 provides the primary information from which approval will be granted. A summary must be submitted showing how the annual energy cost of the proposed design compares to the annual energy cost of the standard design. The comparison summary must include, as a minimum, annual energy cost by design (standard versus proposed) and could include the fuel type (electric versus gas versus renewablesources) if it was a part of a trade-off.

 

Besides showing the actual comparison between the two designs, Item 3 requires an inspection checklist that can be used by the inspector to ensure that the proposed design matches what is actually constructed in the field. This checklist addresses the details of construction on which the comparison was conducted. See Section R405.4.3, Item 1, for the equivalent requirement for the standard reference design. These two sections not only ensure that the comparison is accurate but also provide information so that the comparison can be run again and verified if needed. While it would be best if the checklist included information for all of the items listed in Table R405.5.2(1), it is only necessary that the information is provided for items that are compared or for which trade-offs are based or taken.  Because various versions of software can include

different inputs or evaluations, it is important that both the name and version of the software be provided.  Changes to new or an updated version of existing software could often provide different results. Listing the software edition helps the code official evaluate the report and also provides the information to conduct a verification review if necessary.

 

R405.4.2.2 Compliance report for certificate of occupancy.

A compliance report submitted for obtaining the certificate of occupancy shall include the following:

1. Building street address, or other building site identification.

2. A statement indicating that the as-built building complies with Section R405.3.

3. A certificate indicating that the building passes the performance matrix for code compliance and listing the energy saving features of the buildings.

4. A site-specific energy analysis report that is in compliance with Section R405.3.

5. The name of the individual performing the analysis and generating the report.

6. The name and version of the compliance software tool.

 

The items required for the compliance report for obtaining the certificate of occupancy are basically the same as those required for the permit application, except that the report is based on the “as-built” condition of the building. During the course of construction, changes in the windows, type of insulation, equipment or building dimensions are all required to be documented and approved. The changes must be approved based on compliance with the code and the

original design. At the end of the day, however, one must verify that the changes made did not have a negative impact on the performance of the building, as analyzed before the permit application.

 

6th Edition (2017) Florida Building Code, Building

 

[A] 110.3 Required inspections.

[A] 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for:

envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.

 

[A] 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

 

SECTION 1301 GENERAL

[E] 1301.1 Scope. This chapter governs the design and construction of buildings for energy efficiency.

[E] 1301.1.1 Criteria. Buildings shall be designed and constructed in accordance with the Florida Building Code, Energy Conservation.

 

FS 553.998

553.998 Compliance.—All ratings must be determined using tools and procedures developed by the systems recognized under this part and must be certified by the rater as accurate and correct and in compliance with procedures of the system under which the rater is certified. The local enforcement agency shall accept duct and air infiltration tests conducted in accordance with the Florida Building Code, 5th Edition (2014) Energy Conservation, by individuals as defined in s. 553.993(5) or (7) or individuals licensed as set forth in s. 489.105(3)(f), (g), or (i). The local enforcement agency may accept inspections in whole or in part by individuals as defined in s. 553.993(5) or (7)

 

 

Staff Analysis:

 

 

Question #1: 

 

Is "indicating that the building passes the performance matrix" (referenced in

R405.4.2.2 Item 3) the same task as confirming the as-proposed design from R405.3 (referenced in R405.4.2.2 Item 2)?

 

Answer:

 

Option #1/Petitioner:   The petitioner concludes the answer is YES.

 

Option #2/Staff:

 

Answer to question 1 is “Yes.”  This is with the understanding that no change was made during the course of construction to the proposed design energy measures as submitted under section R405.4.2.1 of the 6th Edition (2017) Florida Building Code, Energy Conservation.       

 

1a) If the answer is no, what is the reference for tasks/provisions/requirements in

the 'performance matrix'?

 

Since the answer to question 1 is “Yes”, no answer is needed for this question.

 

Question #2: 

 

Can the  paperwork  (as printed  out from  FBC  approved  software)  submitted  for R405.4.2.1 also be used to meet R405.4.2.2?

 

Answer:

 

Option #1/Petitioner:  The petitioner concludes the answer is YES, as building departments have used this paperwork to confirm as –built code compliance before R405.4.2.2 was expressly written as such.

 

Option #2/Staff:

 

 Answer to question 2 is “Yes.” This is with the understanding that no change was made during the course of construction to the proposed design energy measures as submitted under section R405.4.2.1 of the 6th Edition (2017) Florida Building Code, Energy Conservation.

 

2a) If the answer is no, must the Florida Building Commission approve the certificate of occupancy compliance report worksheet a jurisdiction develops in accordance with R101.5.1?

 

Since the answer to question 1 is “Yes”, no answer is needed for this question.

 

Question #3:

 

If there is no change to the proposed design during the course of the construction and all required inspections to verify compliance are performed, is there a need for the building department to request the as-built compliance report per Section 405.4.2.2 prior to the issuance of the certificate of occupancy?

 

Answer:

 

Option #1/Petitioner:  The petitioner concludes that the answer is “No”, building department confirms compliance with the code through its inspection duties.

 

Option #2/Staff:  Staff concurs with the Petitioner’s answer as amended herein:

 

The petitioner concludes that the answer is “No”, building department confirms compliance with the code through its inspection duties as required by Section 104, Inspections, of the 6th Edition (2017) Florida Building Code, Energy Conservation.

 

 

Question #4:

 

If there are changes to the proposed design during the course of the construction and the compliance report is amended; and submitted for review and approval prior to conducting the required inspections, is there a need for the building department to request the as-built compliance report per Section 405.4.2.2 prior to the issuance of the certificate of occupancy?

 

Answer:

 

Option #1/Petitioner:  The petitioner concludes that the answer is “NO”, building department confirms compliance with the code through its inspection duties.

 

 

Option #2/Staff:  Staff concurs with the Petitioner’s answer as amended herein:

 

The petitioner concludes that the answer is “NO”, building department confirms compliance with the code through the provisions of Section 103.4, Amended construction documents, and its inspection duties as required by Section 104, Inspections,  of the 6th Edition (2017) Florida Building Code, Energy Conservation.