2012-225s:\legal\our documentslordinances112\energy code ordinance 2009-2011.doc
ORDINANCE NO. 2� 12-225
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 28 OF THE CODE
OF ORDINANCES BY REVISING THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE,
AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, BY ESTABLISHING LOCAL
AMENDMENTS THERETO; ESTABLISHING A PENALTY OF A FINE NOT TO EXCEED $2,000.00
FOR VIOLATIONS HERETO; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
SECTION 1. Chapter 28 of the Code of Ordinances of the City of Denton is hereby amending
existing sections 28-253 and 28-254 to read as follows:
Section 28-254. Amendments to the 2009 International Energy Conservation Code
(1)Section 101.4.2; chrcnge to read as follows:
101.4.2 Historic Buildings. Any building or structure that is listed in the State or National Register of
Historic Places; designated as a historic property under local or state designation law or survey; certified as
a contributing resource with a National Register listed or locally designated historic district; or with an
opinion or certification that the property is eligible to be listed on the National or State Registers of Historic
Places either individually or as a contributing building to a historic district by the State Historic
Preservation Officer of the Keeper of the National Register of Histaric Places, shall comply with all of the
provisions of this code.
Exception: VJhenever a provision or provisions shall invalidate or jeopardize the historical
designation or listing, that provision or provisions may be exempted.
(2)Section 103.1; add Sectio�Z 103.1.1 to read as follows:
103.1.1 Alternative compliance. A building certified by a national, state, or local accredited energy
efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy
efficiency requirements of this section may, at the option of the Code Official, be considered in
compliance. The United States Environmental Protection Agency's Energy Star Program certification of
energy code equivalency shall be considered in compliance.
Exception: Test every house for building envelope air tightness as required in Section 402.4,2 Air
sealing and insulation.
(3) Section 202; add the follawing definitioix:
GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and including
sash, curbing or other framing elements that enclose conditioned space. Glazing area includes the area of
glazed fenestration assemblies in walls bounding conditioned basements, For doors where the daylight
opening area is less that 50 percent of the door area, the glazing area is the daylight opening area. For all
other doors, the glazing area is the rough opening area for the door including the door and the frame.
(4) Section 40I.2, Item 1; cha�zge to read as follows:
1. Sections 402.1 through 402.3, 403.2.1 and 404.1 (prescriptive) and the use of Tables 402.1.1 and
402.13 are limited to a maximum glazing area of 15°/a window area to floor area ratio; or
2. Section 405 (performance); and
3. Demonstrate surpassing the minimum compliance of this code by 10% or more.
(5)Section 402.2; Add Section 402.2.12 to read as fallows:
s:llegallour documents\ordinances112\energy code ordinance 2009-2011.doc
Section 402.2.12 Insulation installed in walls. Insulation batts installed in walls shall be totally
surrounded by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood structural
panel sheathing or other equivalent material approved by the building official.
(6) Section 402.3.7; delete entire section:
Section 402.3.7 Prescriptive path for additions.
(7) Table 402.3.7; delete entire table:
Table 402.3.7 Prescriptive envelope component criteria additions to and replacement windows for
exiting detached one- and two-family dwellings.
(8) Section 402.4.2; cl:ange to read as follows:
Section 402.4.2 Air sealing and insulation. Building envelope air tightness and insulation installation
shall be demonstrated to comply with the following option given by section 402.4.2.1:
(9) Section 402.4.2.2; delete tlzis sectfon.
(10)Section 405.41; add the following sentence to the end of paragraplz:
RemRateTM, Energy GaugeTM, REScheck with UA Trade-Off, and IC3 are deemed acceptable
performance simulation programs.
(11)Section 405.4.2(3); cl:ange to read as follows:
3. Name, phone number, and certifacation number of individual completing the compliance report. The
preparer of the compliance report shall have one of the listed certification: ICC (International Code
Cauncil) Commercial Energy Inspector, ICC Commercial Energy Plans Examiner, ICC Residential Energy
Inspector/Plans Examiner, or HERS' (Home Energy Ratin� rater; and
(12)Section 405.4.3; add tlxe following to this section:
4. Final testing compliance reports shall be campleted on the City ofDenton Energy Compliance form.
(13)Section 502.2.8; Add Section 502.2.8 to read as follows:
Section 502.2.7 Insulation installed in walls. Insulation batts installed in walls shall be totally surrounded
by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel
sheathing or other equivalent material approved by the building official.
(14)Section 506.4.2; add (6) to read as follows:
6. Compliance reports, all additional documentation, and a final compliance verification report shall be
prepared by a qualified thirdparty energy verifrer. The thirdparty energy verifier shall include his name,
phone number, and certification number on each docurrtent provided to the city. The third party energy
verifier shall be certified with one of the following certifications: ICC (International Code Council)
Commercial Energy Inspector, ICC Co�nmercial Energy Plans Examiner, ICC Residential Energy
Inspector/Plans Examiner, or HERS (Home Energy Ratin� rater.
Secs. 28-255 --- 28-295. Reserved.
SECTION 2. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provision or application, and to this end
the provisions of this ordinance are severable.
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s:Uegal\our documentslordinances1121energy code ordinance 2009-2011.doc
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the provision
of this ordinance are hereby repealed, and all other provisions of the ordinances of the City or Denton, not
in conflict with the provision of this ordinance, shall remain in full force and effect.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not to exceed two thousand dollars ($2,000.00). Each day that a provision of this Ordinance is
violated shall constitute a separate and distinct offence.
SECTION 5. This ordinance shall become effective October 1, 2012 and the City 5ecretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record
Chronicle, the ofiicial newspaper of the City of Denton, Texas, within ten (10) days of the date of its
passage. �
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PASSED AND APPROVED this, the �� — day of , 2012
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ATTEST:
JEI�INIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTO�TEY
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BY: G'�� �' �,�