DOE Issues a Notice of Proposed Rulemaking, Request for Comment and Notice of Public Webinar Pertaining to The Process Rule – Proposal Would Remove Most Positive Changes Adopted In Last Update.
On Wednesday, the U.S. Department of Energy (DOE) issued a pre-publication Federal Register notice proposing to revise the Department’s “Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment” (Process Rule), revising the process the Department follows to develop energy conservation standards and test procedures for covered products and equipment. According to DOE, “the proposed revisions are consistent with longstanding DOE practice and would remove unnecessary obstacles to DOE’s ability to meet its statutory obligations under the Energy Policy and Conservation Act (EPCA).”  A quick review of the proposal appears to return the Process Rule to former requirements including what can be described  guidance rather than a DOE requirement, eliminate the minimum energy savings threshold for DOE to set a standard and reinstate the potential for a stakeholder negotiation process. It would also eliminate a  mandatory 180-day waiting period between a test procedure final rule and a proposal for a new standard, a requirement that we believe is a common sense requirement to provide manufacturers time to assess changes on proposed requirements on their covered products  . Each of these proposed changes would eliminate changes that many stakeholders including AGA supported.  DOE will accept comments, data, and information regarding this NOPR until 45 days after the notice has published in the Federal Register. DOE will send a follow-up email to announce the closing date once the notice has published. Interested persons may submit comments identified by docket number EERE-2021-BTD-STD-0003, by email ([email protected].gov), Federal eRulemaking portal (http://www.regulations.gov) postal mail, or hand delivery/courier. The webinar will be held on Friday, April 23, 2021, from 10:00 a.m. to 3:00 p.m.  You can Click here to register for the webinar.  It is anticipated that AGA will be developing a response to the proposal supporting the retaining of the positive requirements that DOE is proposing to delete.
The International Association of Plumbing and Mechanical Officials (IAPMO) Issues Technical Committee Meeting Monographs for the 2021 Uniform Plumbing Code (UPC®) and Uniform Mechanical Code (UMC®) that Include Changes to the Natural Gas Installation Provisions
 
IAPMO has issued the monographs for the next edition of the UPC and UMC that contain proposed changes to both documents that will be heard by the Technical Committees of both the UPC and UMC in May, As a reminder, both the UPC and UMC have coverage for installing gas equipment and components and is adopted in a number of western states including California and parts of Texas. Below is the meeting schedule for the UPC and UMC Technical Committees and access to the monographs for each code.
 
We will be reviewing the proposals that impact natural gas installation requirements and request BECS Committee members also review those provisions and provide feedback on concerns with those recommended changes.
NFPA Technical Committee (TC) Developing Standard 715, “Standard for the Installation of Fuel Gases Detection and Warning Equipment” to Consider Alternatives for Combustible Gas Detector Performance Requirements.
 
As reported in previous “Friday Updates,” the Standard 715 TC had deleted in the “First Revision” ballot of the Standard, an allowance for detectors listed for an upper “must activate” threshold of 25% of lower explosive limit (LEL) that is consistent with the product certification limit used in UL Standard 1484, “Standard for Residential Gas Detectors,“ while retaining a 10% LEL threshold.  In its abstention vote on the First Revisions, AGA commented that the deletion would make obsolete currently available and installed combustible gas detectors listed to UL 1484.  In TC Task Group discussion of AGA’s comments and APGA’s negative vote on the First Revisions, AGA raised the corollary issue that since UL 1484 did not employ a parallel 10% LEL threshold, UL listed products would not be available for meeting the threshold performance requirements of NFPA 715 if it only retained the 10% threshold.  AGA has committed to the TC and AGA members that, as an UL Standards Technical Panel (STP) member, it will submit a proposal to UL to change the UL 1484 threshold to 10% LEL to help address inconsistencies between the NFPA and UL standards.  This represents an AGA compromise from previous positions on the “must activate” threshold.  The Task Group considering this issue agreed to review a proposal to reinstate the 25% threshold to maintain consistency with the UL standard until such time that the UL standard threshold is changed to 10% and UL listed products meeting that performance are available on the market.  UL listing and certification is key since while some detector products can currently meet the 10% threshold, that is not their listed performance, thus categorizing them as non-compliant to UL 1484 as published.  The proposal to reinstate the 25% threshold is being drafted by a “subtask group” of AGA staff and AGA member company representatives on the TC and has received verbal support from APGA.  A key concept of the proposal is to include the means for withdrawing the 25% threshold as a compliance alternative once the UL standard is changed and 10% threshold products are available on the market.  The subtask group is exploring options for this approach with NFPA staff and TC leadership.  One approach being considered is “sunsetting” the 25% threshold after a sufficient period of time for UL to implement changes in UL 1484, set a responsive effective date for the change, and list products to the 10% threshold. It is expected that the proposal may be completed as early as next week for the consideration by the full Task Group and before going to the TC.  In addition to the reinstatement of 25% LEL in the requirements, explanatory annex material will be proposed.
 
AGA Moves Forward on ASTM Standard Practice for Methane Emissions Sampling.
 
The ASTM Committee, D22, “Air Quality” will be discussing a “new business” item at its upcoming meeting this month covering development of a standard practice for conducting valid methane leakage measurements and quantification in the field, focusing mainly on leaks for below-ground and ground-level natural gas distribution facilities.  AGA BECS staff has received strong support from Raul Dominguez, South Coast Air Quality Management District and past chair of Committee D22, and J. David Hailey, Hailey Consulting and D03, “Gaseous Fuels” chair, for moving the initiative forward. David Hailey has done the bulk of the work in developing the current draft standard practice that will be discussed at the D22 meeting.  The committee leaderships believe that various standards related to measurement and quantification technologies will be likewise developed coming out of the D22 activities.  This week, Raul, David, and Ted Williams of Codes and Standards heard a presentation on airborne light detection and ranging (LIDAR) technologies currently being used by at least one AGA member company for identifying and quantifying distribution system leaks validated to high accuracy and precision.  The initiative to develop standard practice was led initially by Pam Lacey, AGA Chief Regulatory Counsel and was based upon work sponsored by NYSEARCH on natural gas system emissions qualification guidelines.
 
AGA to Join THyGA Research Advisory Panel on Hydrogen “Admixture” Performance in Natural Gas Appliances.
 
Following up on this week’s THyGA online workshop of hydrogen and natural gas appliances and AGA’s presentation of North American appliance testing work at the workshop, THyGA project leadership has invited AGA’s Ted Williams to serve on the fifteen-member Advisory Panel representative for the ongoing work.  The THyGA Project (Testing Hydrogen Admixtures for Gas Appliances), a European project sponsored by nine major natural gas and hydrogen commercial interests, “sets out to develop and communicate a detailed understanding of the impact of blends of natural gas and hydrogen on end use applications, specifically in the domestic and commercial sector.”  Presentations from this week’s workshop are not yet available but cover the following topics:
 
  • “Insights on THyGA’s first research projects
 
  • EU market segmentation of gas appliances
 
  • Focus topic: development of a protocol for testing H2 admixture
 
  • Discussion of the testing procedure of gas appliances with manufacturers, researchers and associations.”
 
While the regulatory and standards structures of the European interests differ substantially from North American commercial and governmental involvement natural gas and the blending, or “admixing” of hydrogen, many of the technical challenges and research pathways are consistent between the two geographic markets.  While Europe has established a more aggressive strategy for introducing hydrogen into end use applications and has already implemented multi-year research strategies, North American entities can learn from both successes and setbacks among the THyGA partners and its technical consultants. We will be following up next week on AGA’s potential engagement as a sixteenth Advisory Panel member.
 
 
State Codes Activity Update
 
[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.
 
 
Recent and Upcoming Activity Alerts
 
Energy
 
State/Body
Date
Title
Florida
4/5/2021
Florida Building Commission’s Energy Technical Advisory Commission will review and accept an interim draft report titled “Comparison of the 7th Edition Florida Building Code, Energy Conservation Code with IECC 2021 and ASHRAE 90.1-2019.
Oregon
3/25/2021
The Oregon Department of Energy published its 2021-2024 Strategic Plan. It has five imperatives: expand and improve stakeholder engagement, build practices and processes to achieve more inclusive and equitable outcomes, assess and enhance organizational data capabilities, assess and modernize agency programs and activities, and optimize organizational efficiency and impact.
 
 
Building
 
State/Body
Date
Title
Arizona
4/28/2021
Oregon
4/1/2021
The new 2021 ORSC, based on the 2018 International Residential Code (IRC), has been adopted. Chapter 1, Scope and Administration, of the 2021 ORSC becomes effective and mandatory on April 1, 2021. The remaining provisions of the 2021 ORSC become effective April 1, 2021, but do not become mandatory until after the six-month phase-in period ends on Sept. 30, 2021. During the phase-in period, the use of the 2017 ORSC with the 2021 ORSC Chapter 1 provisions or the 2021 ORSC in its entirety is permitted.
Oregon
4/1/2021
Effective April 1, 2021, Chapter 1 of the 2019 OSSC has been amended to resolve ambiguity, remove conflicts between the various codes, clarify authority, and harmonize certain code provisions.
Hawaii
3/31/2021
“On March 31, the Subcommittee of Building Officials will discuss the following proposed amendments to the 2018 International Building Code:
1. Discussion of proposal to delete Chapter 17, Special Inspections and Tests, in its entirety.
2. Discussion of proposal to delete Section 3113, Relocatable Buildings, in its entirety.
3. Discussion of proposals related to Section 202, definition of Windborne Debris Region & Subsection 1609.2, Protection of Openings
4. Discussion of 2018 IBC amendments previously reviewed by the Subcommittee.”
Massachusetts
3/31/2021
On March 31, the Fire Protection Fire Prevention Committee will review the use of fire testing standards not referenced in 780 CMR, review the 2021 IBC Chapter 9 for the 10th edition of 780 CMR, and review for conflicts and recommendations on fire protection criteria in the following: 2021 IBC Chapter 4, 2021 IBC Chapter 14 & 26, 2021 IEBC fire protection provisions and Chapter 34 conclusions.
Massachusetts
3/30/2021
On March 30, the Coastal Subgroup will discuss proposed amendments and new content in the 2021 International Building Code, Appendix G Flood Resistant Construction for the 10th Edition Massachusetts State Building Code.
South Carolina
3/29/2021
The South Carolina Building Codes Council released a notice of their intention to modify the following building codes: 2021 IBC, 2021 IRC, 2021 IFC, 2021 IPC, 2021 IMC, 2021 IFGC, and 2020 NEC. Interested persons may submit written comments until September 22, 2021.
Washington
3/26/2021
On March 26, the Washington SBCC Legislative Committee will hear a legislative update on bills of interest to the Council, including 2SHB 1050 (Fluorinated Gases), SHB 1287 (Preparedness for Zero Emissions Transportation Future), SHB 1329 (Public Meeting Accessibility and Participation), and SHB 1184 (On-Site Nonpotable Water Systems).
Washington
3/25/2021
The State Building Code Council has begun the new adoption and review process for the 2021 code editions. The deadline for code change proposals for the Group 1 Codes (IBC, IFC, WUIC, WSEC-C) is May 31, 2021 at 5:00 P.M. The process for the Group 2 Codes (IBC structural, IRC, IEBC, IMC, UPC, WSEC-R) will begin in the fall of 2021. The anticipated effective date for the 2021 codes is July 1, 2023.
Washington
3/17/2021
On March 17, the IBC/IEBC Technical Advisory Group voted to approve the recommendations of the changes to the 2018/2021 Code to take before the BFP Committee.
Hawaii
3/11/2021
Hawaii has published proposed amendments to the Hawaii State Building Code, including those related to emergency shelters, fire protection, roofing, special inspections, wood structural panels, and elevators.
Hawaii
2/3/2021
Hawaii has published a proposed code amendment to the 2018 IBC. The amendment changes triggering wind speed to 140 mph to be consistent with IBC 2006 Oahu requirements and actual risk (IBC 2015). It also deletes an old reference to stone ballasted roof systems that were common on the mainland.
 
 
Electrical/Plumbing
State/Body
Date
Title
Oregon
4/1/2021
The new 2021 OESC, based on the 2020 National Electrical Code (NEC), has been adopted and becomes effective April 1, 2021. The integrated read-only version will be available soon.
Oregon
4/1/2021
The new 2021 OPSC, based on the 2021 Uniform Plumbing Code (UPC), has been adopted and becomes effective April 1, 2021. The integrated read-only version will be available soon.
 
 
Recent and Upcoming Code Body Meetings
 
State
Body
Date
Agenda Link
Florida
Florida Building Commission TAC (Mechanical) Meeting
3/31/2021
Florida
Florida Building Commission TAC (Plumbing) Meeting
3/31/2021
Florida
Florida Building Commission TAC (Electrical) Meeting
3/31/2021
Hawaii
Hawaii Subcommittee of Building Officials Meeting
3/31/2021
Massachusetts
Massachusetts Fire Prevention and Fire Protection Advisory Committee Meeting
3/31/2021
Nevada
Northern Nevada ICC Board Meeting
3/31/2021
New Mexico
New Mexico Public Regulation Commission Meeting
3/31/2021
Florida
Florida Building Commission TAC (Roofing) Meeting
4/2/2021
Illinois
Illinois Elevator Safety Review Board Meeting
4/3/2021
Florida
Florida Building Commission TAC (Energy) Meeting
4/5/2021
Indiana
Indiana Fire Prevention & Building Safety Commission Meeting
4/6/2021
Michigan
Michigan Board of Boiler Rules Meeting
4/6/2021
Louisiana
Louisiana Oil and Gas Hearing
4/6/2021
New Jersey
New Jersey Uniform Construction Code Advisory Board Meeting
4/9/2021
 
Bills with Recent Activity
 
 
State
Bill #
Bill Title
Primary Sponsor
Last Action
Date
 
 
TX
Relating to energy efficiency building standards
Charlie Geren
Scheduled for a public hearing
3/29/2021
 
 
Provides that a building certified by a national, state, or local accredited energy efficiency program must be in compliance of one of the following:
1. Standard 301 of the American National Standard for the Calculation and Labeling of the Energy Performance of Dwelling and Sleeping Units using an Energy Rating Index, commonly cited as ANSI/RESNET/ICC 301, or
2. the Standard 380 of the American National Standard for Testing Airtightness of Building, Dwelling Unit, and Sleeping Unit Enclosures, Airtightness of Heating and Cooling Air Distribution Systems, and Airflow of Mechanical Ventilation Systems, commonly cited as ANSI/RESNET/ICC 380.
 
 
TX
Hydrofluorocarbon refrigerants applicable to commercial or residential buildings or construction
Tom Oliverson, Angie Button, Matt Schaefer
Scheduled for a public hearing
3/29/2021
 
 
Adds to the state Health and Safety Code that a building code or other requirement applicable to commercial or residential buildings or construction may not prohibit the use of a substitute refrigerant authorized pursuant to 42 U.S.C. 7671k.
 
 
TX
Relating to building codes applicable in the unincorporated areas of a county.
 
Sarah Eckhardt
Referred to Business & Commerce
3/26/2021
 
 
Provides that the “International Residential Code” means the International Residential Code published as of May 1, 2015.
Provides that new residential construction in the unincorporated area of a county to which this subchapter applies shall conform to the version of the International Residential Code published as of May 1, 2015.
The bill also clarifies that the commissioners court of a county may adopt and apply later versions of the International Residential Code or the International Building Code to new construction; or establish standards for new construction that exceed the standards of those codes.
 
 
MT
Prohibiting state building codes from requiring mandatory fire sprinklers
Steve Fitzpatrick
Passed Second Chamber, sent to enrolling
3/26/2021
 
 
This bill adds that the department may not include in the state building code a requirement for the installation of a fire sprinkler system in a single-family dwelling or a residential building that contains no more than two dwelling units.
 
 
CA
Building decarbonization
Josh Becker
Set for hearing April 19.
3/26/2021
 
 
This bill would require the Energy Commission to develop and publish on its internet website a guide for electrification of buildings and to submit to the Legislature a report on barriers to electrifying existing buildings and to adding energy storage or vehicle charging equipment to existing buildings.
 
 
MI
Prohibits local units of government from enacting.
Michele Hoitenga
Introduced – electronically reproduced
3/25/2021
 
 
Provides that a local unit of government shall not adopt, maintain, or enforce an ordinance that prohibits the use of an appliance that uses gas in a new or existing residential building or structure.
 
 
CA
Buy Clean California Act: eligible materials.
Rob Bonta
Amend, and re-refer to Com. on A. & A.R. Read second time and amended.
3/25/2021
 
 
Amends the Buy Clean California Act: eligible materials. This bill would define eligible materials to additionally include gypsum board, insulation, carpet and carpet tiles, ceiling tiles, and any other major structural, high-impact architectural, civil, or high-impact materials for which there is either a product category rule or an environmental product declaration. The bill would also require the department, by January 1, 2023, to establish and publish a maximum acceptable global warming potential for each category of eligible materials, set at the industry average of product-specific global warming potential emissions for that material, expressed as specified.
The bill would also require the department, by January 1, 2026, and every 3 years thereafter, to review the maximum acceptable global warming potential for each category of eligible materials, expressed as specified, and would authorize the department to adjust that number downward for any eligible material to reflect industry improvements under specified circumstances.
 
 
CA
California Building Standards Commission: recycled water
Jesse Gabriel
Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.
3/25/2021
 
 
This bill would require, on or before January 1, 2023, the commission to adopt mandatory building standards requiring that a newly constructed nonresidential building with a total gross floor area of 100,000 square feet or more be constructed with dual plumbing to allow the use of nonpotable water sources for all applicable nonpotable water demands and provide for the collection, onsite treatment, and reuse of available onsite rainwater, graywater, and foundation drainage.
 
 
CA
Electric vehicles: building standards: tax credits.
Tasha Boerner Horvath
mend, and re-refer to Com. on H. & C.D. Read second time and amended.
3/25/2021
 
 
This bill, commencing with the next triennial edition of the California Building Standards Code after January 1, 2022, would revise these requirements to, instead, require the commission to adopt, approve, codify, and publish mandatory building standards for the electric vehicle charging stations, as defined, in multifamily dwellings and nonresidential development. The bill would also revise these requirements to, instead, require HCD to propose mandatory building standards for the installation of electric vehicle charging stations with Level 2 or higher electric vehicle supply equipment in multifamily dwellings.
 
 
TX
Relating to energy efficiency building standards
Bryan Hughes
Read first time
3/24/2021
 
 
Amends Section 388.003(i), Health and Safety Code, adding that Standard 301 of the American National Standard for the Calculation and Labeling of the Energy Performance of Dwelling and Sleeping Units using an Energy Rating Index, commonly cited as ANSI/RESNET/ICC 301 and Standard 380 of the American National Standard for Testing Airtightness of Building, Dwelling Unit, and Sleeping Unit Enclosures, Airtightness of Heating and Cooling Air Distribution Systems, and Airflow of Mechanical Ventilation Systems, commonly cited as ANSI/RESNET/ICC 380 are in compliance to be a part of an energy efficiency program.
 
 
CT
State Fire Prevention and Fire Safety Codes
Joint Committee on Public Safety and Security
Filed with Legislative Commissioners’ Office (LCO)
3/24/2021
 
 
The bill renames the advisory committee to the Fire Prevention Code Committee. It also provides that the state code shall be based on the nationally recognized model fire and life safety codes and shall be revised as deemed necessary to incorporate advances in technologies and improvements in construction materials and any subsequent revisions to the code not later than eighteen months following the date of first publication of such revisions to the code, unless the State Fire Marshal and the committee certify that a revision is not necessary for such purpose. On and after the effective date of the adoption of the 2020 Fire Safety Code, the code shall provide for reasonable safety from fire, smoke and panic therefrom, in all buildings and areas adjacent thereto constructed on and after January 1, 2006, except in private dwellings occupied by one or two families and upon all premises.
 
 
UT
Local Government Building Regulation Amendments
Paul Ray, Scott Sandall
Governor Vetoed
3/24/2021
 
 
This bill allows a building permit applicant to opt out of certain local building inspection and plan review requirements; allows an independent building inspector to issue a certificate of occupancy to a building permit applicant in certain circumstances; exempts a construction project involving repairs to a building damaged by a natural disaster from certain State Construction Code and building permit requirements; and prohibits a municipality or county from regulating certain building design elements.
 
 
NH
Relative to ratification of amendments to the state building code
Sharon Carson
Passed first Chamber, Public hearing on 3/24
3/24/2021
 
 
“This bill ratifies certain amendments to the state building code and state fire code adopted by the fire marshal and state building code review board in 2015, 2016, 2019, and 2020.
The bill provides that the following amendments shall expire as provided in 2019, 250:4:
I. RE-15-33-18, an amendment to International Residential Code (IRC) 2015, table N1102.1.2, relative to climate zone 6, wood frame wall r-value.
II. RE-15-37-18, an amendment to IRC 2015, section N1101.5, relative to information on construction documents.
III. RE-15-39-18, an amendment to IRC 2015, section N1102.1, relative to the building thermal envelope.
IV. RE-15-40-18, an amendment to IRC 2015, section N1102.4.1.2, relative to testing.
V. RE-15-42-18, an amendment to IRC 2015, section N1103.6, relative to mechanical ventilation.
VI. RE-15-43-18, an amendment to IRC 2015, table N1102.1.2, relative to insulation and fenestration requirements by component.”
 
 
Il
Energy Performance Standard
Jacqui Collins
Assigned to Energy and Public Utilities
3/23/2021
 
 
Provides that the purpose of the Illinois Building Energy Performance Standard is to decrease energy consumption, reduce greenhouse gas emissions from existing buildings, and increase economic growth and job creation. Provides that the Illinois Office of Energy shall establish a Building Energy Performance Standard Task Force to advise and provide technical assistance and recommendations relating to the Illinois Building Energy Performance Standard. Amends the Energy Efficient Building Act. Provides that the Capital Development Board, in consultation with the Department of Commerce and Economic Opportunity, shall create and adopt the Illinois Stretch Energy Code to allow municipalities and projects authorized or funded by the Board to achieve more energy efficiency in buildings than the Illinois Energy Conservation Code. Makes changes in provisions concerning definitions; applicability; enforcement; and home rule. Amends the Public Utilities Act. Provides that beginning in 2023, all gas distribution utilities in the State participating in certain energy efficiency programs shall achieve specified annual energy savings goals.
 
 
TX
Relating to the residential building codes of municipalities
Dennis Paul
Considered in public hearing
3/23/2021
 
 
The bill adds that a municipality may establish procedures to adopt local amendments to the International Residential Code that may add, modify, or remove requirements set by the code. The bill also adds subsection (e) to §214.212 which specifies that a municipality may not adopt a local amendment under Subsection (c) unless the municipality: (1) holds a public hearing on the local amendment before adopting the local amendment; and (2) adopts the local amendment by ordinance.
 
 
OK
Oklahoma Uniform Building Code Commission
Dave Rader, Sheila Dills
Second Reading referred to Business and Commerce
2/22/2021
 
 
This bill relates to the Oklahoma Uniform Building Code Commission; amending 59 O.S. 2011, Section 1000.21, as amended by Section 2, Chapter 223, O.S.L. 2014 (59 O.S. Supp. 2020, Section 1000.21), which relates to membership of the Commission. The bill would add certain members to the Commission, bringing the total number of commissioners to 13. It would add one member who is a licensed electrical engineer from a state-recognized professional engineering firm and one member who is a licensed mechanical engineer from a state-recognized professional engineering firm.