22-66122-661ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF ORDINANCESOF THE CITY OF DENTON, BY REPEALING THE 2015 EDITION OF THEINTERNATIONAL ENERGY CONSERVATION CODE IN SECTIONS 28-253 AND 28-254 ANDADOPTING THE 2021 EDITION OF THE INTERNATIONAL ENERGy CONSERVATIONCODE IN NEW SECTIONS 28-85 AND 28-86; PROVIDING FOR THE ISSUANCE OFPERMITS AND COLLECTION OF FEES; PROVIDING FOR SEVERABILITY; PROVIDINGFOR REPEALER; PROVIDING FOR CONTINUATION OF PRIOR LAW; PROVIDING APENALTY; PROVIDING FOR PUBLICATION AND ESTABLISHING AN EFFECTIVEDATE
WHEREAS, upon the recommendation of the Health & Building Standards Commission
at its March 24, 2022 meeting, the City Council now finds it is in the best interests of public health,
safety, and welfare to repeal the 2015 edition of the International Energy Conservation Code and
to adopt the 202 1 edition of the International Energy Conservation Code-, NOW, THEREFORE,
THE COUNCil OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. Chapter 28, Buildings and Building Regulations, Sections 28-253 through
28-254, of the Denton Code of Ordinances are repealed in their entirety and replaced with new
Article X, Sections 28-85 through 28-86, to read as follows:
Sec. 28-85. 2021 International Energy Conservation Code adopted.
The International Energy Conservation Code, 2021 edition, published by theInternational Code Council, a copy of which shall be filed in the office of the city
secretary and available for public inspection, is hereby adopted, the same as if copied
at length herein, subject to the deletions and amendments enumerated in Section 28-
86
Section 28-86. Deletions and Amendments to the 202 / International EnergvConservation Code.
1. Section C:101.1. is deleted in its entirety and replaced with the following:
C101.1 Title. These regulations shall be known as the Energy Conservation Code of
the City of Denton, hereinafter referred to as “this code.”
2. A new Section C102.1.2 is added, to read as follows:
C102.1.2 Alternative compliance. A building certified by a national, state, or localaccredited 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.
3 . Section Cl 10 Board of Appeals, is deleted in its entirety and replaced by the following:
Cl10. General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official, or fire marshal relative to
the application and interpretation of the requirements of this Code and all other
applicable codes of the City of Denton, there shall be a health and building standardscommlsslon.
4. Section C402.5.2 is deleted in its entirety and replaced by the following:
C402.5.2 Dwelling and sleeping unit enclosure testing. The building thermal
envelope shall be tested in accordance with ASTM E779. ANSI/RESNET/ICC 380,ASTM E1827 or an equivalent method approved by the code official. The measured
air leakage shall not exceed 0.30 cfm/B2 (1.5 L/s m2) of the testing unit enclosure area
at a pressure differential of 0.2 inch water gauge (50 Pa). Where multiple dwelling unitsor sleeping units or other occupiable conditioned spaces are contained within one
building thermal envelope , each unit shall be considered an individual testing unit, and
the building air leakage shall be the weighted average of all testing unit results,
weighted by each testing unit’s enclosure area. Units shall be tested separately with an
unguarded blower door test as follows:
1. Where buildings have fewer than eight testing units, each testing unit shall be
tested.
2. For buildings with eight or more testing units, the greater of seven units or 20
percent of the testing units in the building shall be tested, including a top floor
unit, a ground floor unit, a middle floor unit, and a unit with the largest testing unit
enclosure area. For each tested unit that exceeds the maximum air leakage rate, an
additional three units shall be tested, including a mixture of testing unit types andlocations.
5 . Section R101.1. is deleted in its entirety and replaced with the following:
R101.1 Title. These regulations shall be known as the Energy Conservation Code of
the City of Denton, hereinafter referred to as “this code.”
6. A new Section R102.1.2 (Nl 101.4.1) is added, to read as follows:
R102.1.2 (Nl101.4.1) 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. TheUnited States Environmental Protection Agency’s Energy Star Program certification of
energy code equivalency shall be considered in compliance. Regardless of the program
or the path to compliance, each 1- and 2-family dwelling shall be tested for air and ductleakage as prescribed in Section R402.4.1.2 (Nl 102.4.1.2) and R403.3.3 (Nl 103.3.3)
respectively .
2021 International Energy Conservation Code Page 2 of 7
7. Section Rl 10 Means of Appeals, is deleted in its entirety and replaced by the following:
Rl10. General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official, or fire marshal relative to
the application and interpretation of the requirements of this Code and all other
applicable codes of the City of Denton, there shall be a health and building standardscommlsslon.
8. Section R202 (NI 101.6) Definitions; add the following definitions:
DYNAMIC GLAZING. Any fenestration product that has the fully reversible abilityto change it performance properties, including U-factor, solar heat gain coefficient
(SHGC), or visible transmittance (VT).
PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, eave or
permanently attached shading device, divided by the distance measured vertically fromthe bottom of the fenestration glazing to the underside of the overhang, eave or
permanently attached shading device.
9. Section R40 1.2.5 (Nl 101.13.5) Additional Energy efficiency; deleted in its entirety.
10. Table R402.1.2 (Nl102.1.2) Maximum Assembly U-Factorsa and Fenestration
Requirements, is deleted in its entirety (Footnotes to remain) and replaced by the following:
Table R402.1.2 MAXIMUM ASSEMBLY U-FACTORSa AND FENESTRATION REQUIREMENTS
U-iacto/Skylight U-Ceiling U-Factor Wood Frame Mass \VaII tr-Factorb\VaII U-Factor Crawl SpaceWall U.Factor I Wall U-Factor
O.091'
For Sl: 1 foot = 304.8 mm
(Footnotes to remain)
11. Table R402.1.3 (Nl102.1.3) Insulation Minimum R-Values and Fenestration
Requirements by Componenta, is deleted in its entirety and replaced by the following:
TABLE R402.1.3 INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENT
SkylightU.Factor WoodFrame\VaII R-
Value
Mass WallU.Value'+
19 or
13+3cior 0+15
5 ci or
13t
5 ci or
131
For SI: 1 foot = 304.8 mm
(Footnotes to remain)
2021 International Energy Conservation Code Page 3 of 7
12. A new Section R402.4.1.4 is added, to read as follows:
R402.4.1.4 Sampling options for R2 multifamily dwelling units. For buildings with
eight or more testing units that must be tested as required by R402.4.1.2 or 11402.4.1.3, the
greater of seven units or 20 percent of the testing units in the building shall be tested,
including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest
testing unit enclosure area. For each tested unit that exceeds the maximum air leakage rate,an additional three units shall be tested, including a mixture of testing unit types and
locations. Where buildings have fewer than eight testing units, each testing unit shall betested
13. Section R402.4.6 Electrical and communication outlet boxes (air-sealed boxes). is
deleted in its entirety and replaced by the following:
R402.4.6 Electrical and communication outlet boxes (air-sealed boxes). Electrical and
communication outlet boxes installed in the building thermal envelope shall be sealed to
limit air leakage between conditioned and unconditioned spaces.
14. A new Section It403.3.8 is added, to read as follows:
R403.3.8 Sampling options for R2 multifamily dwelling units. For buildings with eight
or more testing units that must be tested as required by R403.3.5, the greater of seven units
or 20 percent of the testing units in the building shall be tested, including a top noor unit,
a ground floor unit, a middle floor unit, and a unit with the largest testing unit floor area.For each tested unit that exceeds the maximum duct leakage rate, an additional three units
shall be tested, including a mixture of testing unit types and locations. Where buildings
have fewer than eight testing units, each testing unit shall be tested.
15. A new Section R403.6.4 is added, to read as follows:
R403.6.4 Sampling options for R2 multifamily dwelling units. For buildings with eight
or more testing units that must be tested as required by R403.6.3, the greater of seven units
or 20 percent of the testing units in the building shall be tested, including a top floor unit,
a ground floor unit, a middle floor unit, and a unit with the largest testing unit floor area.For each tested unit that does not meet the minimum ventilation rate, an additional three
units shall be tested, including a mixture of testing unit types and locations. Where
buildings have fewer than eight testing units, each testing unit shall be tested.
16. Section R404.2 Interior Lighting Controls; deleted in its entirety.
17. Section R405.2 Performance-based compliance., is deleted in its entirety and replaced
by the following:
R405.2 Performance-based compliance. Compliance based on total building
performance requires that a proposed design meets all of the following:
1. The requirements of the sections indicated within Table R405.2.
2021 International Energy Conservation Code Page 4 of 7
2. The building thermal envelope greater than or equal to levels of efficiency and
solar heat gain coefficients in Table R402.1.1 or R402.1.3 of the 2009 International
Energy Conservation Code.
3. An annual energy cost that is less than or equal to the annual energy cost of the
2021 standard reference design or 8% less than the annual energy cost of the 2018
standard reference design. Energy prices shall be taken from a source approved by
the code official, such as the Department of Energy, Energy Information
Administration's State Energy Data North Central Texas Council of 5 Governments
Amendments Approved October 2021. System Prices and Expenditures reports.Code officials shall be permitted to require time-of-use pricing in energy costcalculations.
Exception: The energy use based on source energy expressed in Btu or Btu
per square foot of conditioned floor area shall be permitted to be substituted
for the energy cost. The source energy multiplier for electricity shall be
3.16. The source energy multiplier for fuels other than electricity shall be
11
18. Table R406.5 (Nl106.5) MAXIMUM ENERGY RATING INDEX; is deleted in its
entirety and replaced by the following:
TABLE R406.5 (Nll06.5)1 MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE EFFECTIVE DATES ENERGY RATINGINDEX
63Until August 3 1, 2022
September 1, 2022 to
August 3 1, 2025
September 1, 2025 to
August 3 1, 2028
September 1, 2028
18. Section R408 ADDITIONAL EFFICIENCY PACKAGE OPTIONS; deleted in its
entIrety.
SECTION 2. If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid by any court, such invalidity shall not affect other provisions or
applications, and to this end, the provisions of this ordinance are severable.
2021 International Energy Conservation Code Page 5 of 7
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereof
by the preceding text shall not affect or impair any act done or right vested or accrued or any
proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effectand such shall remain in force for all intents and purposes as if such ordinance or part thereof so
repealed shall remain in force.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction,
be found guilty of a misdemeanor and fined a sum not to exceed two thousand dollars ($2,000.00)
for each violation. Each day that a provision of this ordinance is violated shall constitute a separateand distinct offense.
SECTION 5. Pursuant to Section 2.09(c) of the Charter for the City of Denton and Section
214.218 of the Texas Local Government Code, this ordinance shall become effective on June 1,
2022, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record Chronicle, the official newspaper of the City of Denton,Texas, within ten (10) days of the date of its passage and approval.
SECTION 6. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
The motion to approve this ordinance was made by aVI and
seconded by m, the ordinance was passed and approved bythe following vote U_ - 21 :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:JL
Vicki Byrd, District 1 :IZr
1,/
/
P/
1/
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED thi,. th, SM 2022
GERARmFO
2021 International Energy Conservation Code Page 6 of 7
ATTEST:
ROSA RIOS, CITY SECRETARY L\\\Ill BIll/
_ r/POzb
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
p p7+ t&\ / LWh :jI ; ;To: F295r T : : 1 2 : 0 3BY. J v -05'OO'
2021 International Energy Conservation Code Page 7 of 7