As previously reported in End Use Codes and Standards Updates, AGA and APGA filed  joint appeals addressing four code actions on the ICC International Conservation Code (IECC) and energy provisions in the International Residential Code (IRC) that presented two major issues, which AGA and APGA contend should have been prevented to be published during the Group B Code Development process.  They are:

Regarding the first item on federal pre-emption, we previously reported that the ICC Board of Directors heard the Appeals Board decision on Wednesday September 16  along with testimony from AGA/APGA, Air-Conditioning Heating, & Refrigeration (AHRI), National Association of Home Builders ( NAHB)  and Leading Builders of America (LBA) and we were pleased that while the Code Council Board found no procedural violations on the two code proposals and denied the appeal, they did however “determine that, upon review, including potentially preempted provisions in the I-Codes is inconsistent with the spirit, intent and mission of the Code Council.”  They also found that “the codes explicitly state that they do not nullify any provisions of local, state or federal law”.Accordingly, the Board determined that the approved language from RE107-19 and RE126-19 will not be included in the 2021 International Residential Code (IRC) or International Energy Conservation Code (IECC).

 

On the second item of “Intent”, we were informed yesterday that the ICC Board of Directors announced its decision (see attached) insupport of the AGA/APGA, NAHB and LBA appeals and issued the following decision:

“The American Gas Association, the American Public Gas Association, the National Association of Home Builders (NAHB) and the Leading Builders of America (LBA) appealed three proposed changes to the 2021 International Energy Conservation Code (IECC) and 2021 International Residential Code (IRC) on the grounds that the proposals in question are outside the scope of the codes. The code changes appealed were RE147-19 (requiring electric readiness) and CE217-19, Parts I and II (requiring electric vehicle supply equipment).  Following the recommendation of the Appeals Board, the Code Council Board determined that the code changes in question are outside the current scope and intent of the energy provisions of the IECC and IRC and sustained the appeals. RE147-19 and CE217-19 will not appear in the 2021 International Codes.”

 

AGA and APGA are pleased that the ICC  Code Council Board found in favor of our appeals that rejected adding provisions into the ICC IECC and IRC that essentially promote “electrification” at the expense of recognizing the economic and environmental benefits of the direct use of natural gas.  We also wish to recognize the support from AHRI, NAHB and LBA who joined us in our appeals and who provided substantial testimony at the ICC  Appeals Panel Hearings and Board of Director meetings that helped convince the ICC Appeals Board and Board of Directors to issue the finding agreeing with our appeals.

For those interested in shipment trends for residential and commercial gas and electric storage type water heaters, residential gas and oil furnaces, electric heat pumps and air-conditioners, click here for the October 9,  2020 Air-Conditioning Heating, & Refrigeration (AHRI) Press Release that provides the August 2020 U.S. Heating and Cooling Equipment Shipment Data. You may also wish to share this information with other groups or individuals within your organization that would be interested in water heater

[This is a weekly feature of the “Friday Update” covering state code calendar activities as presented by the online utility “Fiscal Note,” which is sponsored by APGA and AGA Code and Standards.]

 

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