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This entry was published on 2014-09-22
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SECTION 11-103
Applications
Energy (ENG) CHAPTER 17-A, ARTICLE 11
§ 11-103. Applications. 1. (a) The state energy conservation
construction code adopted by the state fire prevention and building code
council and consisting of a building energy code for residential
buildings throughout the state and a building energy code for commercial
buildings throughout the state is continued until amended or a new code
is adopted and effective.

(b) The code shall apply to the construction of any new building. The
code shall also apply to an addition to, and alteration of, any existing
building or building system; provided, however, that the code shall not
be interpreted to require any unaltered portion of the existing building
or building system to comply with the code. The code shall not apply to
the following provided that the energy use of the building is not
increased:

(1) storm windows installed over existing fenestration;

(2) glass only replacements in an existing sash and frame;

(3) existing ceiling, wall or floor cavities exposed during
construction provided that these cavities are filled with insulation;

(4) construction where the existing roof, wall or floor cavity is not
exposed;

(5) reroofing for roofs where neither the sheathing nor the insulation
is exposed; roofs without insulation in the cavity and where the
sheathing or insulation is exposed during reroofing shall be insulated
either above or below the sheathing;

(6) replacement of existing doors that separate conditioned space from
the exterior shall not require the installation of a vestibule or
revolving door, provided, however, that an existing vestibule that
separates such conditioned space from the exterior shall not be removed;

(7) alterations that replace less than fifty percent of the luminaires
in a space, provided that such alterations do not increase the installed
interior lighting power;

(8) alterations that replace only the bulb and ballast within the
existing luminaires in a space provided that the alteration does not
increase the installed interior lighting power; and

(9) any other exception adopted by the state fire prevention and
building code council provided that such exception will not prevent the
attainment of the compliance goals set forth in section 410(2)(c) of the
American Recovery and Reinvestment Act of 2009.

2. The state fire prevention and building code council is authorized,
from time to time as it deems appropriate and consistent with the
purposes of this article, to review and amend the code, or adopt a new
code, through rules and regulations provided that the code remains cost
effective with respect to building construction in the state. In
determining whether the code remains cost effective, the code council
shall consider whether the cost of materials and their installation to
meet its standards would be equal to or less than the present value of
energy savings that could be expected over a ten year period in the
building in which such materials are installed. For residential
buildings, the code shall meet or exceed the then most recently
published International Energy Conservation Code, or achieve equivalent
or greater energy savings; and for commercial buildings, the code shall
meet or exceed ASHRAE 90.1-2007, or achieve equivalent or greater energy
savings.

3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article shall have exclusive authority among state agencies
to promulgate a construction code incorporating energy conservation
features. Any other code, rule or regulation heretofore promulgated or
enacted by any other state agency, incorporating specific energy
conservation requirements applicable to the construction of any
building, shall be superseded by the code promulgated pursuant to this
section.

4. The secretary of state is authorized to issue written
interpretations of the code upon written request of a permit applicant
or the official responsible for the administration and enforcement of
the provisions of the code. Subsequent enforcement of the code shall be
consistent with such written interpretations.