Monday Musings: 1st look at 2021 IECC & why the NAHB is seeing Red

As many already know, building codes are updated on a three year cycle. The process for the next code cycle begins even before the ink is dry on the previous version. Due to the complexity of the codes, time required, and the shear amount of proposals to go through most individuals leave it to their organizations to keep them informed & even protected.

Apart from a major tragedy most changes are incremental and for the most part the code cycle is routine. Part & parcel is that once the final industry voting is done you know how the bulk of things are going to shake out before the “Building Officials” vote occurs. (For example: NADRA’s recap of Deck Changes upcoming)

So what left the NAHB, that was patting itself on the back to seeing red & crying foul? Shoot why is RESNET suddenly wringing it’s hands over the ERI? Shoot what does this mean to you &/or is their anything you might want to prepare for? If you’re a lighting designer, architect, home builder, etc… yeah. For those that just want to see what changed, scroll down to “The Changes. For the rest that want a little history & how /why the NAHB shouldn’t have been surprised keep reading.

ICC Description of process:

Directly from the International Code Council (ICC) code books; “In order to ensure that organizations with a direct and material interest in the codes have a voice in the process, the ICC has developed partnerships with key industry segments that support the ICC’s important public safety mission. Some code development committee members were nominated by the following industry partners and approved by the ICC Board:

• American Institute of Architects (AIA)
• National Association of Home Builders (NAHB)
• National Association of State Fire Marshals (NASFM)

The code development committees evaluate and make recommendations regarding proposed changes to the codes. Their recommendations are then subject to public comment and council-wide votes. The ICC’s governmental members—public safety officials who have no financial or business interest in the outcome—cast the final votes on proposed changes.”

The NAHB:

The NAHB takes the code process very seriously but as many know it is an organization that is full of contradictions. You have the ones that believe that code changes are not by & large necessary and try to hold the line. They typically love the mantra “you know for every $1000 X amount of people are priced out…” group. For the most part this group is quite successful.

You also have the “research” & “green” section that show how changes can be made that saves money overall, makes buildings safer, leads to utopia, etc… In many cases they might be present but generally they act as advisers to the first group, though sometimes their studies & experts are used for changes contrary to NAHB’s primary positions.

One reason why they are so successful is a major “get out the vote” with building inspectors during the final vote to help stave off any changes / maybe help kill off something that might have got past them in the original voting period. As I said they are quite successful in this arena but…

As California goes…

How many have heard; As Cali goes, so does the rest of the nation – I have heard that almost my entire life & it still rings true. When California said all new buildings will be Net Zero starting in 2020, Architects & numerous others (heavily involved in the ICC process) said we will be also, but we will shoot for something more realistic – lets say 2030. Well California managed to do it, but for most following the I-Codes especially the “Energy” portion it looked like it just wasn’t going to happen. Why?

Well because there hadn’t been any significant improvements during the last few cycles (essentially 1% improvement for last 2 cycles). Looking at the chart above you can see the last time “insulation” values were modified was 2012 & they were on track to stay there again. For the most part no one really had an issue with taking the 2015 cycle off (especially as other things were improved on.) When 2018 rolled by with no real updates, well…

If you don’t vote

If you don’t vote, no whining about the… In all honesty numerous governmental agencies (and of course others) were pissed when the 2018 cycle came & went- so much so that they met with the ICC and others about this lack of improvement. Well guess what – this resulted in a game changer for them and for the NAHB which essentially got blind sided or more than likely just thought it was all talk – I mean only code officials can vote (and we have a lock on many of them) so…

From the ICC’s Bylaws (revised Feb 2013): 2.1.1 Governmental Member – A Governmental Member shall be a governmental unit, department or agency engaged in the administration, formulation, implementation or enforcement of laws, ordinances, rules or regulations relating to the public health, safety and welfare…

2.1.1.1 Governmental Member Voting Representatives – Each Governmental Member shall exercise its right to vote through its designated Governmental Member Voting Representatives, and shall be entitled to the number of Governmental Member Voting Representatives as specified in Table 2.1.1.1 (4 Votes for populations up to 50k, 8 for up to 150k & 12 if above 150k)… The designation of a Governmental Member Voting Representative may be changed by the Governmental Member, in writing, from time to time. (Please also notice that the Governmental Member gets to decide who can vote so just because someone might be able to vote, doesn’t mean they can)

As you can see, no where above does it say only Building Officials – Governor’s Offices, Mayor’s offices & the list goes on can qualify. Remember those disgruntled individuals – yep many of them all attend Conferences of Mayors, Governors, & the list goes on. Which the NAHB noted “it was discovered that hundreds of new government employees from towns all over the country were validated to vote — and they voted in droves.

There was a concerted effort on the part of efficiency and environmental groups to engage like-minded governmental members who work in environmental, sustainability and resilience departments. These new voters appear to have worked off the same voting guide and simply voted their party line.”

The Changes aka the Party Line

As mentioned, these groups were all about “Energy” as a quick look shows zero changes for the Administrative, Existing Buildings, IRC, IGC, IBC General or Structural Code Editions. Now when you get to the IECC things are dramatically different. On the Commercial side there were 9 out of 95 items being overturned and wow baby, 22 of 92 listed items in the Residential section were overturned. First the Residential Clif Notes section

• 21-19: R401.3 (IRC N1101.14) Certificate (Mandatory) Approved: A permanent certificate shall be affixed & supposedly at no additional cost… sure as compared to a label with values written in permanent marker as it is now

• 36-19 IECC Approved: TABLE R402.1.2 (IRC N1102.1.2) Ceiling Insulation Value to R60 in attics Zone 4 & Up – Interestingly they didn’t bump up CZ 1-3… hmm maybe another musing
• 37-19 Approved: Same Table as Above SHGC Climate Zone 5 from NR to .4 (See NFRC Labels for more info)
• 39-19 DENIED: Same table as above but the NAHB had accepted most of the changes listed above but added in some wacky options – funny but that would have make home builders life harder & prescriptive is prescriptive – you can do other changes using other options
• 75, 79, 80, 81, 84, 85-19 DENIED: TABLE R402.4.1.1 (IRC N1102.4.1.1) Air Barrier & Insulation Inspection… which covered floor insulation installation, HVAC Register penetrations / boots, expanding Electric phone box requirements (speaker…), clustering up the tub & shower barrier, top plates & finally adding the words air sealing to the title… someone went crazy here & essentially turned something simple into a complex bit of mumbo jumbo – amazingly it got past the NAHB originally
• 126-19 IECC: R202 (IRC N1101.6), R403.5.1 [IRC N1103.5.1] ( New Section & Definitions- Approved)
  • R403.5.1 (IRC N1103.5.1) Water heating equipment. Service water heating equipment shall be one or more of the following types: 1. Storage gas water heater with a uniform energy factor (UEF) that meets the requirements of Table R403.5.1. 2. Storage electric water heater utilizing not less than 1.0 kW of on-site renewable energy. 3. Heat pump water heater with a UEF not less than of 2.0. 4. Tankless water heater. 5. Grid-enabled water heater. 6. Solar water heating system having a solar fraction of not less than 0.5.
  • Add new definition as follows: GRID-ENABLED WATER HEATER. An electric water heater that includes controls that enable activation for use as part of an electric thermal storage or demand response program.
  • Add new definition as follows: SOLAR FRACTION. The fraction of total annual water heating energy met by a solar water heater. Reason: This proposal improves the energy efficiency of the prescriptive path of the code while continuing to offer builders the same level of flexibility they already enjoy.
  •  This proposal modifies only the prescriptive path, which leaves builders the flexibility of the performance and ERI paths. This proposal is structured so that it does not trigger provisions of the National Appliance Energy Conservation Act (NAECA).
• 145-19 Lighting & Controls (Multiple Parts – Approved): AKA death of incandescent & halogen bulbs + commercial controls are coming
  • Add new definition as follows: DIMMER. (IRC N1101.6). A control device that is capable of continuously varying the light output and energy use of light sources.
  • Revise as follows: HIGH-EFFICACY LAMPS. (IRC N1101.6). Compact fluorescent lamps, light-emitting diode (LED) lamps, T-8 or smaller diameter linear fluorescent lamps, or other lamps. Any lamps with an efficacy of not less than the following: 70 lumens per watt.
  • Add new definition as follows: OCCUPANT SENSOR CONTROL. (IRC N1101.6). An automatic control device or system that detects the presence or absence of people within an area and causes lighting, equipment or appliances to be regulated accordingly.
  • Revise as follows: R404.1 (IRC N1104.1) Lighting equipment (Mandatory). Not less than 90 percent of the All permanently installed lighting fixtures shall contain only high-efficacy lamps.
  • Add new text as follows: R404.2 (IRC N1104.2) Lighting Controls (Mandatory). Permanently installed lighting fixtures shall be controlled with either a dimmer, an occupant sensor control, or other control that is installed or built into the fixture. Exception: Lighting controls shall not be required for the following: 1. Bathrooms 2. Hallways 3. Exterior lighting fixtures 4. Lighting designed for safety or security
• 147-19 #ElectrifyThis (Multiple Parts – Approved):
  • Add new text as follows: R404.2 (IRC N1104.2) Electric readiness (Mandatory) Systems using gas or propane water heaters, dryers, or conventional cooking equipment to serve individual dwelling units shall have a dedicated 125-volt, 20-amp electrical receptacle (labeled “SPARE”) that is connected to the electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit within 3 feet from each item that is accessible with no obstructions. A single pole circuit breaker space shall be reserved in the electrical panel and labeled with the words “FUTURE 240V USE.”
  • R404.2.3 (IRC N1104.2.3) Water heater space. An indoor space that is at least 3 feet by 3 feet by 7 feet high shall be available within 3 feet of the water heater. Exception: The water heater space requirement does not need to be met where a heat pump water heater is installed.
    • While the wording is confusing the purpose is to ensure that the water heater space (which can be where you place the existing one) can allow for other options when it goes.
• 151-19 R405.2 (IRC N1105.2) Approved: Revise as follows: R405.2 (IRC N1105.2) Mandatory requirements. Compliance with this section requires that the mandatory provisions identified in Section R401.2 be met. The building thermal envelope shall be 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 . Supply and return ducts not completely inside the building thermal envelope shall be insulated to an R-value of not less than R-6.
• 165-19 TABLE R405.5.2(2) Denied: Was meant to fix screwy LTO measurement used by the ERI (Both are still jacked up)
• 166-19 TABLE R405.5.2(1) Denied: Water Heater Efficiencies (see above section that was approved)
• 182-19 R406.2 (IRC N1106.2) , TABLE R406.4 (IRC N1106.4) Approved: Somewhat silly especially with reasoning but Mandatory requirements for Performance & ERI paths they call out 2009 table. If on-site renewable energy is included for compliance then the building thermal envelope shall be greater than or equal to the levels of efficiency and SHGC in Table R402.1.2 or Table R402.1.4 of the 2018 International Energy Conservation Code. ERI Numbers per Climate Zone change to; CZ 1-3 is 57, CZ4 is 62, CZ 5 & 6 is 61, and 58 for CZ 7 & 8
• 184-19 R406.3 (IRC N1106.3) (Multiple Items – Approved):
  • ERI Reference Design Ventilation rate shall be in accordance with Equation 4-1. 4-1. (Equation 4-1)
  • Energy used to recharge or refuel a vehicle used for transportation on roads that are not on the building site shall not be included in the ERI reference design or the rated design.
  • For compliance purposes, any reduction in energy use of the rated design associated with on-site renewable energy shall not exceed 5 percent of the total energy use (similar to the 5 percent cap that applies in the simulated performance analysis of the 2018 IECC commercial chapter, Section C407.3, and ASHRAE Standard 90.1-2016 Energy Cost Budget Method. 2018 IECC C407.3)
  • Reasoning: The proposal simply recognizes that a reduction in energy use is not the same thing as on-site energy production, for purposes of code compliance. This proposal also supports the long-term goal of achieving net zero energy use by helping avoid steps backward in efficiency as on-site generation increases.
• 186-19 R406.3 (IRC N1106.3) (Multiple Items – Denied): Very similar to above but with Ventilation trade offs (hmm another good musing ERI vrs HERS & changing values)
• 192-19 IECC: TABLE R406.4 (IRC N1106.4) Approved: Can you say oops – first they create an updated ERI Numbers per Climate Zone Table with the numbers from above; CZ 1-3 is 57, CZ4 is 62, CZ 5 & 6 is 61, and 58 for CZ 7 & 8 but now also add in Target ERI scores for On Site Renewable’s which are supposed to be capped at 5%
  • CZ1 – CZ 3: 57 regular / 52 ERI – 5 points or 8.8% whereas it should be 54
  • CZ4: 62 regular / 54 ERI – 8 points or 12.9% & it should be 59
  • CZ5: 61 regular / 55 ERI – 6 Points or 9.8% & it should be 58
  • CZ6: 61 regular / 54 ERI – 7 points or 11.5% & it should be 58 (No idea why this is different than one above)
  • CZ 7 &8: 58 regular / 53 ERI – 5 points again or 8.6% & it should be 55
  • Secondanly the list the 2015 IECC instead of the 2018 as listed above…
• 204-19 R202 (IRC N1101.6), R406.6.3 (IRC N1106.6.3) (New – Approved): What a load & I expect this to be canned in final review as it is not applicable to this chapter especially when “excess power” is sold to a utility or system is stand alone. The second part below can also be problematic as many utilities mandate that all “REC’s” belong to them just for the privilege of being able to connect to the grid.
  • New definition: RENEWABLE ENERGY CERTIFICATE (REC). An instrument that represents the environmental attributes of one megawatt hour of renewable energy; also known as an energy attribute certificate (EAC).
  • R406.6.3 (IRC N1106.6.3) Renewable energy certificates (RECs) documentation. Where onsite renewable energy is included in the calculation of an ERI, one of the following forms of documentation shall be provided to the code official: 1. Substantiation that the RECs associated with the onsite renewable energy are owned by, or retired on behalf of, the homeowner. 2. A contract that conveys to the homeowner the RECs associated with the onsite renewable energy, or conveys to the homeowner an equivalent quantity of RECs associated with other renewable energy.
• 209-19 IECC: R401.2, R401.2.1 (New), SECTION R407 (New), R407.1 (New), R407.2 (New), R407.2.1 (New), R407.2.2 (New), R407.2.3 (New), R407.2.4 (New), R407.2.5 (New) Approved: ok this looks like a complete cluster as they now add in a new Mandatory Additional Compliance Option no matter which path one chooses… Per the proposal

Reason: The purpose of this code change proposal is to improve the energy efficiency of residential buildings by roughly 5% or more, and to provide code users with flexibility to select the measures that make the most sense for each project… This proposal largely mirrors the format of Section C406 Additional Efficiency Package Options—an approach to improving commercial buildings that has been included in the commercial energy code since the 2012 IECC… In sum, this proposal will allow the IECC to build upon recent improvements and create a new model for improving and adding flexibility to residential building energy codes going forward.

How About Commercial / Full List of Changes

I will be hitting the commercial ones in a later piece as I mentioned earlier. Also this is not everything that was passed, this only encompassed items that were overturned.

Other Items Coming Down the Pike:

Many of the “Party Line” Governmental Groups will keep on pushing to hit the 2030 goal – expect to see the performance path to change to a Passive House version (not expecting as tight but somewhat close) where you are only allowed so many BTU’s being used for heating & cooling maybe in the next cycle but probably the 2027 version. I expect it will be a modified US version based on climate zone not individual cities. By 2030 expect to see that solar or or options becoming mandatory which will be very similar to California’s requirements.

Another item many states are pushing for is the requirement of pre-wiring for Electric Cars or to be EV Ready. Not only do many of these apply to new construction but also to remodeling/renovations. Most locals for the most part can not bump up the residential efficiency beyond the code as this is generally blocked at the state level.

One other item is congress is considering requirements that DOE establish certain targets (aka one of the 800 lb gorillas in the process) be met & supposedly this would block the ICC voting… Ummm, no it wouldn’t, it would just formalize that DOE would be pushing for X, Y, & Z targets – not how all members would vote. Just remember there is only so much you can get from efficiency (HERS 40-45) before you can’t get anymore & now need power to heat, cool, & run appliances.

Final thought – while the IRC & many other codes were not affected this time, that may not last – Electric & Plumbing I expect to see “targeted” (especially water). You may also find some resiliency issues pop up for this group – think global warming, along with normal flooding, storms, shelter in place scenarios…

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