Building Codes Assistance Project

After a code is adopted, the code's success or failure is impacted by the local building industry's ability and willingness to comply with the new code requirements. Through the use of innovative legislation tied to the energy codes, some states and cities have been able to further encourage and improve compliance.

Expedited Permitting Process

Point of Sale/ Time of Transfer

Energy Efficiency Disclosure Form

Linking Building Cost with LEED Requirements

Local jurisdictions and states aiming for greater gains in energy efficiency can capitalize on consumer and builder preferences for sustainable home designs. Local jurisdictions have the power to prioritize plan review for homes that have the most energy efficiency potential. In turn, homebuilders are rewarded with quicker sales and given positive market signals for building the most efficient buildings on the market.

• The provision HRS § 46-19.6 (2006) in Hawaii law (PDF 13.8 KB) streamlines building permit applications that feature home designs with a LEED silver or equivalent rating.
• The Municipal Code of Santa Monica Ordinance 8.108.050 (PDF 14.34 KB), allows for priority plan check processing for building projects that are registered with the United States Green Building Council for certification under the LEED Green Building Rating System.

Energy codes generally apply to new construction as well as to major renovations of existing buildings. It is becoming apparent that energy codes are not widely enforced in existing buildings, consequently neglecting a significant opportunity for energy improvements. However, there are portions of the current energy code that are relatively easy to implement in existing buildings (outside of major renovations) and deliver cost-effective energy savings. Some states and cities have made progress on improving the energy efficiency of their existing building stock through "point of sale" or "time of transfer" requirements. Generally, these ordinances target buildings when they change ownership and require the property owner to make some basic energy efficiency improvements or meet set standards before sale. Legislation applicable to rental properties also offers another opportunity to improve the energy efficiency of the existing housing stock. Point-of-sale legislation is a recent but promising strategy to effectively leverage energy codes to achieve energy and carbon reduction.

• Nevada Senate Bill 437 (PDF 119.63 KB) signed by Gov. Jim Gibbons on June 4, 2007, requires the Office of Energy to establish a program for evaluating energy consumption of residential property in the state. The requirement that the evaluation be conducted upon the sale of any such property remains, although the provision is self-regulating and realtors are not required to play a role or have any responsibility. For more infomation visit the Nevada Legislature Website.
• In Davis, California (PDF 76.19 KB) a building owner must show the building to be compliant with the City of Davis Building Code prior to sale or transfer of the building. The owner must make the building code compliant within 90 days of sale/transfer. For more information visit the Davis City Council Website.
• The Ann Arbor, Michigan Municipal Code, Section 528 of Chapter 105 (PDF 19.25 KB), requires minimum energy efficiency/weatherization standards for all rental dwellings, dwelling units, rooming units and premises in the City of Ann Arbor.

States can requires new residential buyers to receive information on how home meets, falls below, or exceeds the national model code.

• Kansas House Bill 2036 (PDF 30.21 KB) establishes the 2006 IECC as the state commercial code and updates the Kansas Energy Efficiency Disclosure form so that the form provides information on whether a residence meets the energy efficiency standards of the 2006 IECC.

• Connecticut Public Act 07-242 (signed into law June 4, 2007) requires all new construction of public and private buildings costing $5 million or more (after January 1, 2009) and renovations costing $2 million or more (after January 1, 2010) to meet LEED-Silver standards or their equivalent (residential buildings with four units or fewer are exempt). It also contains provisions for energy-efficiency tax credits, bonds, and loans for various ENERGY STAR-qualified household appliances and heating units.