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2017-020 IECC Process Date: March 10, 2017 Report No. 2017-020 INFORMAL STAFF REPORT SUBJECT: Request for information regarding code adoption and the International Energy Conservation Code (IECC). BACKGROUND: th At the February 7, 2017 Council meeting, the Mayor requested the following information regarding codes and the IECC; 1) The Cityo determine what codes to adopt and the amendment process to the IECC; 2) Provide a cost comparison of projects constructed under the 2012 and 2015 IECC and; 3) State law limits the ability of the Legislature to consider adoption of new versions of the energy code to once every six years. However the International Code Council (ICC), the North Central Texas Council of Governments (COG) and most municipalities adopt codes on a three year code cycle. The previous version of the energy code adopted by the state was the 2009 IECC. Prior to November 2016, the City had adopted the 2012 IECC as amended by COG. This code was deemed to be more restrictive than the 2009 IECC. As stated, the ICC updates its codes on a three year code cycle. As a general practice, the City of Denton delays adoption of codes for a period of two to three years from the date of publication. This practice enables sufficient time to review the proposed codes. Once the regional amendments are released by COG, staff vets the proposed amendments with the development community and presents recommendations to the Council. The timing of the adoption of the IECC is generally driven by recommendations from the Council Committee on the Environment and Sustainability department. DISCUSSION: The 2015 IECC is more stringent than the 2012 version and the requirements have resulted in increased construction costs associated with both residential and commercial development. It is estimated that the actual difference in costs for new homes in Denton is between $1,800 and $2,000 per home. However, commercial projects submitted under the 2015 IECC are either under review or just beginning construction and the actual difference in costs will not be known until the completion of these projects. The City has 3 separate and distinct opportunities to affect changes to the International Codes; 1. Code adoption stage. Proposed code changes are vetted through numerous committees and hearings referred to as the Code Change Process. representative. However, there has been no representation since at least 2006 with the exception of a delegation from sustainability group, Environmental Services, Date: March 10, 2017 Report No. 2017-020 and Solid Waste to code hearings in 2010 which included consideration of the 2012 IECC. The purpose of this group was to lobby for increased requirements of the 2012 IECC. 2. Propose an amendment to the code as a part of the North Central Texas Council of Governments (COG) review and amendment process. Upon publication of the codes, various code boards at COG go through the codes and propose amendments which are then vetted through the Regional Codes Coordinating Committee for approval. Building Official serves on the Electrical Code Advisory Board and has just recently been nominated to serve on the Energy and Green Building Advisory Board. 3. Each municipality has the ability to amend codes with the caveat that the amendments are not less restrictive than codes adopted at the state level. For example, under the 2015 IECC, a municipality which is located within non-attainment areas, such as Denton, cannot adopt a less restrictive code. However, should a municipality propose an amendment, it would have to be submitted to Energy Systems Laboratory at Texas A&M University for analysis. The lab would determine whether the amendment is bstantially equal to or less stringent . An excerpt from state law is provided for reference International Energy Conservation Code and the energy efficiency chapter of the International Residential Code.(e) Local amendments may not result in less stringent energy efficiency requirements in nonattainment areas and in affected counties than the energy efficiency chapter of the International Residential Code or International Energy Conservation Code. Local amendments must comply with the National Appliance Energy Conservation Act of 1987 (42 U.S.C. Sections 6291-6309), as amended. The laboratory, at the request of a municipality or county, shall determine the relative impact of proposed local amendments to an energy code, including whether proposed amendments are substantially equal to or less stringent than the unamended code. For the purpose of establishing uniform requirements throughout a region, and on request of a council of governments, a county, or a municipality, the laboratory may recommend a climatically appropriate modification or a climate zone designation for a county or group of counties that is different from the climate zone designation in the unamended STAFF CONTACT: Rodney Patterson Building Official Rodney.patterson@cityofdenton.com (940)349-8539