Compliance and Enforcement

The Online Code Environment

and Advocacy Network 
 Non-Compliant Construction
Practices
oCurrent industry standards for insulation,
equipment sizing, etc. often don’t meet
standards established in codes.
oHere are some examples of common problems:
 2005 Compliance Rates
State Energy Code Compliance oMost states have
Rate not adopted
national Model
Arkansas 92 MEC 55 % Energy Codes.
Californi Title 24 70 % oInstead, there is a
aIdaho 1996 IRES 52 % mix of codes in
Nevada Various - 42 % to place that may or
90 % may not be
New York 2002 %
NYRes enforced.
Oregon 2003 OREC 100 % oCalifornia and the
Washingto 1997 WSEC 93 % Northwest are the
n few adopted recent
MECs, as well as
requirements in
place to ensure
compliance.
Enforcement Structure

Third
Party
 Why is Compliance Low?

oLittle or No
Enforcement
oLack of Knowledge
oInconsistency
oLack of Resources
Barriers to Compliance
LITTLE OR NO ENFORCEMENT

oLow Priority
oInsufficient
Resources
oLow Political Will –
Pressure from
Builders and
Developers
 Barriers to Compliance
LACK OF KNOWLEDGE
oBuilders don’t understand
energy efficiency
oCode officials don’t have
expertise or training
oArchitects learn design,
not building science and
performance
oConsumers ASSUME codes
assure energy efficiency
o
Barriers to Compliance
INCONSISTENCY

oLack of Standard
Protocols
oRecord-Keeping
oInterpretation
of Code
Requirements
o
 Barriers to Compliance
LACK OF RESOURCES
Residential code
Current practice:
o 1.25 hours for building plan review &
inspection
Recommended:
o 2.5 hours for building plan review &
inspection
o 29 hours per year in training

Note: does not include vehicle, equipment,

office expense or time needed to travel to
building sites
How to Improve Compliance

oImprove Enforcement ,
Visibility , and
Priority of Codes
oImprove Understanding
of the Energy Code
oImprove Consistency of
the Code Enforcement
Improve Enforcement, Visibility, and
Priority

oLink financial
assistance to
compliance
oMake data publicly
available
oWithhold certificates
of occupancy on non-
compliant buildings
oInspect and test
buildings
o
Improve Understanding of Codes
oMandate
certification/training
requirements
oProvide consistent
training content
oTrain officials and
builders together
oDevelop and use regional
code experts
oUse compliance failures to
adjust training content
oHold field training
sessions for all parties
o

•
 Improve Consistency of
Enforcement
oStandardize practice &
procedures
oPermit requirements
oRecord-keeping
oPlan review and inspection
protocol
oCode interpretations
oLink plan review & permits to
site inspection
oConduct site inspections to
coincide with critical
compliance milestones
Improve Consistency of
Enforcement
oUse third party
enforcement
oPrivate sector firms
oHERS-As-Codes, Energy
Star
oUtilities
oUse commissioning
oUse compliance testing
oPromote use of checklists
and
oOther tools to clarify
requirements
 New Federal Requirements

2009 American Recovery and

Reinvestment Act
oEach of the 50 states received a total of
$3.1B in federal funding
oIn exchange each governor assured the
Secretary of Energy that the state would
adopt codes equivalent to current MECs
(2009 IECC and ASHRAE 90.1 2007)
oEach state must have 90% compliance with
the codes within 8 years
oFunding does not have to go entirely toward
code development, but it will pave the way
to meeting the compliance requirements