HomeMy WebLinkAbout2012-12-02 ORDINANCE NO. o7O�o�- h;�— OA
® AN ORDINANCE PROVIDING MINIMUM ENERGY STANDARDS FOR THE
DESIGN OF NEW BUILDINGS AND STRUCTURES OR PORTIONS AND ADDITIONS
TO EXISTING BUILDINGS THAT PROVIDE FACILITIES OR SHELTER FOR PUBLIC
ASSEMBLY,EDUCATION,BUSINESS,MERCANTILE,INSTITUTIONAL,STORAGE,
AND RESIDENTIAL OCCUPANCIES,AS WELL AS THOSE PORTIONS OF FACTORY
AND INDUSTRIAL OCCUPANCIES DESIGNED PRIMARILY FOR HUMAN
OCCUPANCY BY REGULATING THEIR EXTERIOR ENVELOPES AND THE
SELECTION OF THEIR HVAC, SERVICE WATER HEATING, ELECTRICAL
DISTRIBUTION AND ILLUMINATING SYSTEMS AND EQUIPMENT FOR
EFFECTIVE USE OF ENERGY.
Be in enacted by the City Council of Batesville, Arkansas,
Section 1. ADOPTION OF ENERGY CODE.
There is hereby adopted by the City Council of Batesville,Arkansas, for the purpose
of establishing rules and regulations for energy efficient standards for new building
construction, this code known as the 2011 Arkansas Energy Code, being particularly the
2011 Arkansas Energy Code edition thereof and the whole thereof, save and except such
portions as are hereinafter deleted, modified, or amended, of which not less than three (3)
• copies of this ordinance,as well as,three(3)copies of the 2011 Arkansas Energy Code,have
been and now are filed in the office of the Clerk of the city of Batesville,Arkansas, and the
same ordinance is hereby adopted and incorporated as fully as if set out at length herein,and
from the date on which this ordinance shall take effect, the provisions thereof shall be
controlling in the construction of all buildings and structures therein contained within the
corporate limits of the City of Batesville, Arkansas.
Section 2. INCONSISTENT ORDINANCES REPEALED.
Ordinances, or parts thereof, in force at the time that this ordinance shall take effect,
if inconsistent herewith, are hereby repealed.
PASSED AND APPROVED on this 18`" day of December, 2012.
APPROVED:
iu-
RICK EL ,
ATTEST: &nrl-j
• DENISE JOHNSON, CLERK
1
Cities that issue building permits for new
building construction must adopt Arkansas
l Energy Code by December 31 , 2012
In 2004, the Arkansas Energy Office,a subdivision of to bring all cities and counties in compliance with the
the Arkansas Economic Development Commission,de- Code. Specifically,cities and counties that issue building
veloped the Arkansas Energy Code in order to establish permits for new building construction are required to
minimum standards for the design of energy-efficient adopt the Arkansas Energy Code as amended.
buildings.The 2004 version of the Arkansas Energy Code The Arkansas Energy Code shall be adopted by
relied almost exclusively on the International Energy ordinance in all applicable cities and counties by Dec.
Conservation Code(IECC),2003 Edition. 31,2012. Once adopted,applicable cities and counties
In 2009,the Arkansas Legislature passed Act 1196, are required to submit a copy of the ordinance to the
which provided the Arkansas Energy Office with the Arkansas Energy Office. However,if an applicable city
authority to promulgate rules and regulations that and county has not adopted the Code by Dec.31,2012,
require cities and counties issuing building permits for a mayor or county judge is required to submit a letter
new building construction to adopt the 2004 version describing why the city or county is not in compliance
of the Arkansas Energy Code by ordinance.At the last with the Code no later than 60 days after the deadline.
legislative session,Act 1196 was amended by Act 802, Cities or towns enacting the Code should follow the
which no longer required cities to comply with the 2004 procedures for adopting a technical code by reference.
version of the Arkansas Energy Code,but by the current See Ark. Code Ann. § 14-55-207.The law requires pub-
version of the Arkansas Energy Code.See Ark. Code lication in a newspaper of general circulation in the city
Ann. §15-10-205. giving notice that three copies of the Arkansas Energy
New rules and regulations promulgated by the Code have been filed either electronically or by hard
Arkansas Energy Office,including new versions of the copy with the clerk or recorder of the municipality in
Arkansas Energy Code,were to be enacted in compliance order to ensure the public has the opportunity to inspect
with the Arkansas Administrative Procedures Act.See the new standards before the passage of the ordinance.
Ark. Code Ann. §25-15-204(describing the procedure for Note that in order to have the entire code you must
adopting, amending, or repealing a state agency's rules or have copies of(1)the Arkansas Energy Code for New
regulations). Building Construction Supplements, (2) the 2003 version
The Arkansas Energy Office retooled the Arkansas of the IECC,(3)the 2009 version of the IECC,and (4)
Energy Code in 2011.For residential purposes,the the ASHRAE standards.
2003 edition of the IECC remains in effect.See Ark. Copies of the 2003 and 2009 versions of the IECC
Energy Code for New Bldg. Constr. Supplements& may be obtained by visiting the International Code
Amendments,Ark.Energy Office,available online at Council's website at www.iccsafe.org,or by calling 1-800-
arkansasenergy.org/residential/builders/energy-code.aspx- 786-4452.The ASHRAE standards may be obtained
However,for commercial and high-rise residential by visiting the ASHRAE website at www.ashrae.org,
construction projects,American Society of Heating, or by calling 1-800-527-4723.The Arkansas Energy
Refrigerating and Air—Conditioning Engineers Code for New Building Construction Supplements and
(ASHRAE)90.1-2001 will govern until the end of the Amendments is available at:
year.In 2013,ASHRAE 90.1-2007 will govern,with arkansasenergy.org/residenfial/builders/energy-code.aspx.
Chapter 8 of the 2003 IECC being replaced with Chapter
5 of the 2009 IECC.
The 2011 edition of the Arkansas Energy Code places
certain requirements on cities and counties in order
CITY&TOWN
Summary of Arkansas Energy Code
By J.D. Lowery, Project Manager,Arkansas Energy Office
• The Arkansas Energy Code sets minimum efficiency standards for new construction.
• Energy codes provide a cost-effective step to mitigating problems associated with growing demand for energy and resources.
• Energy codes cover:
• Building envelope
• Mechanical system
. Electrical&Lighting Systems
• Service water heating
• Arkansas Energy Office promulgates rules,adopts the statewide code and provides education and outreach regarding the
code and building practices that can be used to meet the code.
• While AEO has the authority to enforce the code,this traditionally has fallen to local municipalities with building code
enforcement divisions.
• It is the responsibility of the builders/contractors to meet the code. Failure to comply can be verified by local municipality or
AEO. Civil action can be taken by building owner.
• Municipalities can adopt their own code but cannot be less stringent than the Arkansas Energy Code.
Sample Ordinance--2011 ARKANSAS ENERGY CODE
ORDINANCE NO.
AN ORDINANCE PROVIDING MINIMUM ENERGY STANDARDS FOR THE DESIGN OF NEW BUILDINGS AND STRUCTURES
OR PORTIONS AND ADDITIONS TO EXISTING BUILDINGS THAT PROVIDE FACILITIES OR SHELTER FOR PUBLIC ASSEMBLY,
EDUCATION, BUSINESS,MERCANTILE,INSTITUTUIONAL,STORAGE,AND RESIDENTIAL OCCUPANCIES,AS WELL AS
THOSE,PORTIONS OF FACTORY AND INDUSTRIAL OCCUPANCIES DESIGNED PRIMARILY FOR HUMAN OCCUPANCY BY
REGULATING THEIR EXTERIOR ENVELOPES AND THE SELECTION OF THEIR HVAC,SERVICE WATER HEATING, ELECTRICAL
DISTRIBUTUION AND ILLUMINATING SYSTEMS AND EQUIPMENT FOR EFFECTIVE USE OF ENERGY.
Be in enacted by the City Council of Arkansas,
Section 1.ADOPTION OF ENERGY CODE.
There is hereby adopted by the City Council of Arkansas,for the purpose of
establishing rules and regulations for energy efficient standards for new building construction,this code known as the
2011 Arkansas Energy Code, being particularly the 2011 Arkansas Energy Code edition thereof and the whole thereof,
save and except such portions as are hereinafter deleted, modified, or amended,of which not less than three (3)
copies of this ordinance, as well as,three(3)copies of the 2011 Arkansas Energy Code, have been and now are filed
in the office of the Clerk or Recorder of the city of ,Arkansas,and the same ordinance is
hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance
shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures therein
contained within the corporate limits of the City of . Arkansas.
Section 2. INCONSISTENT ORDINANCES REPEALED.
Ordinances or parts thereof in force at the time that this ordinance shall take effect,if inconsistent herewith, are
hereby repealed.
Section 3. EMERGENCY CLAUSE.
Whereas it is of the utmost urgency that the city of Arkansas, have an
up-to-date Energy Code to protect the citizens of our city,therefore, an Emergency is hereby declared to exist and
this ordinance being necessary for the immediate protection of the public shall take effect immediately on its passage
and approval.
Signed:
Mayor
Attest: (SEAL)
City Clerk or Recorder
Date Passed:
DECEMBER 2012 1