vermont gap analysis report - netl draft

8/7/2019 Vermont Gap Analysis Report - NETL Draft

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Building Codes Assistance Project (BCA

BCAP is a non-profit advocacy organiza

Energy, the American Council for an En

BCAP focuses on providing state and loc

support on code adoption and imple

coordination with other activities and

state energy offices and city building d

BCAP is well-positioned to assist in lo

resource, BCAP is able to identify and

jurisdictions put the best possible strat

Our work brings together local efforts,

unbiased by corporate/material intere

network for energy codesand is inc

provide value across organizations.

ont Gap Analysis

)

tion established in 1994 as a joint initiative of th

ergy-Efficient Economy, and the Natural Resource

al governments in the U.S., as well as stakeholder

mentation through direct assistance, research,

allies. With over sixteen years of experience sup

epartments, along with tracking code activities a

cal and statewide activity to advance energy co

navigate past policy and programmatic pitfalls t

gy in place to improve efficiency in both new and

identifies national-scale issues, and provides a

sts. BCAP also hosts OCEANan online internati

reasingly working abroad to gather and share b

2

e Alliance to Save

s Defense Council.

rganizations, with

ata analysis, and

porting numerous

cross the country,

des. As a trusted

o help states and

existing buildings.

road perspective,

onal best practice

est practices that


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Table of Contents

Acronyms and Abbreviations ...................

Executive Summary ............................. .....

Introduction .............................................

State Overview .....................................

Construction Overview.....................

Energy Portfolio ...............................

Potential Savings from Energy Code

Adoption...................................................

Federal Policy .......................................

EPAct ................................................

The Recovery Act ............................ ..

State Policy ...........................................

Political Environment and Energy C

Recent Energy Codes-related Legisl

Other Vermont Building Codes ........

Energy Codes for State-funded Facil

Statewide Climate Change Initiative

Green Building Overview and Incen

Local Policy ...........................................

IBC ....................................................

Local Adoption Spotlight ..................

Energy Codes for Municipal-funded

Local Climate Change Initiatives ......

Overview of Local Green Building a

Renewables ....................................

Adoption Summary: Best Practices an

Current Best Practices .....................

Gaps and Recommendations ..........

Implementation .......................................

Overview of State and Local Impleme

Outreach ..............................................

ont Gap Analysis

...................................................................................

...................................................................................

...................................................................................

...................................................................................

...................................................................................

................................................... ................................

s.................................................................................

...................................................................................

...................................................................................

...................................................................................

...................................................................................

...................................................................................

ode Adoption .............................................................

ation ...........................................................................

...................................................................................

lities ...........................................................................

s ................................................................................

tives ...........................................................................

...................................................................................

...................................................................................

...................................................................................

Facilities....................................................................

...................................................................................

d Above-Code Building Programs ............................

...................................................................................

d Recommendations..................................................

...................................................................................

...................................................................................

...................................................................................

tation Policies ..........................................................

...................................................................................

3

................... 5

................... 7

................... 8

................... 9

................... 9

................. 10

................. 11

................. 12

................. 12

................. 12

................. 12

................. 13

................. 13

................. 14

................. 15

................. 15

................. 16

................. 18

................. 21

................. 21

................. 21

................. 22

................. 23

................. 23

................. 23

................. 24

................. 24

................. 24

................. 25

................. 25

................. 27


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States Role in Promoting Codes ......

Local Governments Role in Promot

Stakeholders Role in Promoting Co

New Partnerships ............................

Enforcement Community .....................

Overview of Enforcement Infrastru

Certification and/or Licensing ..........

Training and CEUs ............................

Third Party Infrastructure ................

Design/Construction Community .........

Overview of Design/Construction C

Certification and Licensing ...............

Training and CEUs ............................

Compliance Measurement and Verific

Past and Current Activities ...............

Implementation Summary ...................

Current Best Practices .....................

Gaps and Recommendations ...........

Conclusion ............................................

Acknowledgements ............................ ..

Appendix A ...............................................

Reference .................................................

ont Gap Analysis

...................................................................................

ing Codes ...................................................................

des .............................................................................

...................................................................................

...................................................................................

ture ...........................................................................

................................................... ................................

...................................................................................

...................................................................................

...................................................................................

ommunity Infrastructure ........................ ...................

...................................................................................

...................................................................................

ation ..........................................................................

...................................................................................

...................................................................................

...................................................................................

...................................................................................

...................................................................................

...................................................................................

...................................................................................

...................................................................................

4

................. 27

................. 28

................. 29

................. 32

................. 33

................. 33

................. 34

................. 35

................. 35

................. 35

................. 35

................. 36

................. 37

................. 38

................. 38

................. 39

................. 39

................. 39

................. 43

................. 44

................. 43

................. 46


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Acronyms and Abbreviation

ABET Accreditation Board for Engineer

ARRA/Recovery Act American Recover

ASHRAE American Society of Heating,

BCAP Building Codes Assistance Projec

BPI Building Performance Institute

CBES Commercial Building Energy Stan

CEUs Continuing education units

CNWG Climate Neutral Working Grou

DOE Department of Energy

DPS Vermont Department of Public Se

ECAP Energy Code Ambassadors Progr

ECAC Efficiency Vermonts Energy CodEEBA Energy & Environmental Buildin

EECBG Energy Efficiency and Conserva

EPA U.S. Environmental Protection Ag

EVT Efficiency Vermont

GCCC Vermont Governors Commissio

GHG Greenhouse Gas

HBA Home Builders Association

HERS Home Energy Rating System

IBC International Building Code

ICC International Code Council

IECC International Energy Conservatio

IRC International Residential Code

LEED Leadership in Energy and Environ

MEC Model Energy Code

NAAB National Architectural Accrediti

NAHB National Association of Home B

NCARB National Council of Architectur

NCEES National Council of Examiners f

NEEP Northeast Energy Efficiency Part

OCEAN Online Code Environment and

PNNL Pacific Northwest National Labo

RBES Residential Building Energy Stan

RECA Responsible Energy Codes Allian

RESNET Residential Energy Services N

RGGI Regional Greenhouse Gas Initiati

SEO State Energy Office

SEP State Energy Program

ont Gap Analysis

s

ing and Technology, Inc.

y and Reinvestment Act of 2009

efrigerating, and Air-Conditioning Engineers

t

dards

rvice

am

e Assistance CenterAlliance

tion Block Grants

ncy

on Climate Change

Code

mental Design

g Board

ilders

e Registration Boards

or Engineering and Surveying

nerships

Advocacy Network

ratory

ard

ce

twork

ve

5


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SPEED Sustainably Priced Energy Enter

TCI Transportation and Climate Initiati

USGBC U.S. Green Building Council

VBG Vermont Building Greener

VGBN Vermont Green Building Netwo

ont Gap Analysis

prise Development

e

k

6


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Executive Summary

The purpose of the Vermont Gap Anal

weaknesses of the states existing ener

recommend potential actions state age

100 percent compliance with the m

Introduction, Adoption, Implementatio

conclude by listing some of the state

actions that would improve energy code

The Introduction section provides an

construction boom and subsequent decl

The Adoption section takes a close look

the state. The Adoption section mak

recommendations. The core recommen

Recommendation #1: the stat

programs to lead the market

buildings. If the state mandate

LEED-based requirements for s

resources but also encourage th

Recommendation #2: DPS or

cooperatives to develop an ince

2011 RBES. Utilities can bec

compliance as these programs

effort. Additionally, the energy

changes to system wide deman

Recommendation #3: even

municipalities still have the opp

efficiency for city or county-fun

The Implementation section covers th

construction industries, utilities, and ot

groups also establish efficient, feasible,

work to adequately prepare code offici

section makes 19 recommendations, i

different stakeholder groups.

The Conclusion section provides a s

implementation in Vermont and con

recommendations made in the report

other DOE and Pacific Northwest Nation

ont Gap Analysis

ysis Report is twofold: 1) document and analyze

gy code adoption and implementation infrastructu

ncies, local jurisdictions, and other stakeholders c

odel energy codes. The report is organized in

, and Conclusion. The Adoption and Implementa

current best practices and making multiple rec

compliance.

overview of relevant state demographics and t

ine.

at the federal, state, and local polices that influen

s three major recommendations, in addition t

ations are listed below:

should provide additional support and promoti

forward on energy efficiency and high perfor

advanced building practices such as ENERGY ST

ate-funded buildings, it would not only preserve

ese advanced building practices by setting an exam

nother state department could work with utilitie

ntive program that supports components of the pe

me more involved with programs supporting

can be considered another demand-side manage

efficiency of new construction aids utilities in pred

.

ith the unique enforcement structure in Ver

ortunity to lead the state by requiring advanced e

ed buildings.

e many ways in which state and local agencie

her stakeholders work to promote the adopted en

and cost-effective enforcement and compliance i

als and building professionals to carry out their re

n addition to multiple related recommendations

ummary of the myriad benefits of energy co

cludes with Figure 12, a summary list of the

with page numbers for quick reference. Appendi

al Laboratory (PNNL) energy code resources.

7

the strengths and

re and policies; 2)

n take to achieve

to four sections:

ion sections both

mmendations for

he impact of the

e energy codes in

multiple related

on of

ance

R or

state

ple.

s and

nding

code

ment

icting

ont,

nergy

, the design and

ergy codes. These

frastructures and

sponsibilities. This

, for a variety of

de adoption and

most important

A offers a list of


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Introduction

Energy codes have arrived. As one of th

benefit society in a number of import

emissions and pollution, save consumer

system reliability, and improve indoor ai

Recent improvements in the stringency

first state-mandated green codescon

construction to levels that were almost

provided states and cities with unprece

more places are taking advantage of the

Their ascent is part of a larger transf

representatives, and the general public

comprehensive solution to our current

widely considered to be one of the low

one we do not burn. Nowhere is this mo

percent of total energy use and 70 perc

roughly 50 years, meaning that current

beyond.

Yet, for all this recent progress and pr

municipalities across the country, ener

completely absent. While developmen

process, they alone do not guarantee c

reduce energy use and save money, s

energy code implementation strategies.

In collaboration with the U.S. Departme

code compliance in 15 states, includ

infrastructure and practices and provi

technical support to energy code stakeh

Report, which identifies barriers to suc

improvement, available resources, and

ont Gap Analysis

e principal instruments in the energy efficiency pol

nt ways: they reduce energy use, which decreas

s and businesses money, lessen peak energy dema

r quality.

of the model energy codesnot to mention the d

tinue to raise the floor and ceiling for energy-ef

nimaginable a few short years ago. Meanwhile, th

dented funding and incentives to adopt the model

se opportunities than ever before.

ormation in the way advocates, policymakers, in

view energy efficiency as a viable and cost-effectiv

economic, environmental, and energy concerns. E

est-hanging fruits, since the cheapest and cleanest

re apparent than in the building sector, which acco

ent of electricity use.1 Moreover, the average lifes

uilding energy policies will affect energy consumpt

omise, energy codes are still falling well short of

y code enforcement and compliance remain woef

t and adoption are the necessary first steps of

ompliance. To ensure that energy codes accompli

tates and cities must develop and carry out effe

nt of Energy, BCAP has undertaken a new program

ing Vermont, by analyzing the gaps in the exi

ding compliance planning assistance together w

olders in the state. The first phase of the program

essful energy code adoption and implementation,

ey stakeholders and potential partnerships.

8

licy toolbox, codes

s greenhouse gas

nd, increase utility

evelopment of the

ficient design and

Recovery Act has

energy code, and

dustry and utility

e component of a

nergy efficiency is

fuel source is the

unts for almost 40

an of a building is

ion until 2060 and

their potential. In

ully insufficient or

the energy codes

h their mission to

ctive and realistic

to improve energy

ting energy code

ith on-the-ground

is the Gap Analysis

opportunities for


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State Overview

Other than being the largest producer

cream company Ben & Jerrys, and over

the smallest state in the New Englan

population epicenters being Burlingto

below. This Green Mountain State bord

Figure 1: State Population Map

Construction Overview

As Figure 2 illustrates below, constructi

permitted has fallen from over 2,800 in

ont Gap Analysis

of maple syrup in the United States, home to t

fifteen ski areas sprinkled throughout the state, th

d. In 2009, Vermont had a population of 621,7

metro area, Rutland, Barre, and Montpelier.2

ers Canada and is fully enclosed in climate zone 6.

on has dramatically fallen: the total annual reside

006 to under 1,200 in 2009.

9

e well-known ice

re is a lot more to

60, with its main

Please see figure

ntial housing units


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Figure 2: Permits by Year

Energy Portfolio

Total energy consumption in Vermont i

about 80 million Btu to meet the statelowest in the U.S.i, a more efficient ho

electricity rate is four cents above the n

sector is among the top two energy co

chief concern if Vermont wishes to curb

iDue in part because demand for air-condit

households use electricity for home heatin

fuel shortages and price spikes due to high

the 2009 IECC, which will create a more ef

wood for home heating.

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

2000 2001 2002

TotalResidentialHousingUnitsPermitted

VerU.

ont Gap Analysis

the lowest of any state in the nation, yet Vermon

demand.3

Though per capita residential electricitsing stock would save residents money on their

ational average at 15.27 cents per kWh.4 Addition

sumers in the state and, accordingly, efficient ho

the states energy consumption.

ioning is minimal during the mild summer months and

. It is during the cold winter months that residents are

emand for home heating. Thus, it is to the states benef

ficient housing stock and alleviate distillate oil demand

2003 2004 2005 2006 2007 2008

Year

ont Permits by Year. Census Bureau data

10

t must still import

use is among thetility bills as their

lly, the residential

es ought to be a

nly a small share of

most vulnerable to

it that they adopted

and the burning of

2009


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The state reserves a fairly balanced r

nuclear, hydro, and renewable. Their pe

neighboring states and Canada. Most s

but since Vermont does not have any n

gasolineii to power generators.5 Nearl

energy source for home heating.

Vermont is one of only two states in t

Rhode Island. The Vermont Yankee nucl

three-fourths of total electricity, which i

Most of Vermonts remaining genera

projects and other renewable sources. I

25% of the states energy through rene

large portion of the state and offer signi

northeast offer rich biomass resources f

Potential Savings from Energy Code

According to BCAP estimates, by adop

energy costs for households and busines

100% code compliance.7 The shift to th

to approximately 200,000 metric tons of

The following table represents a percen

most up to date ASHRAE 90.1 building

any mid-rise commercial building, rep

commercial warehouses. With 100 perc

2.8 percent savings in commercial energ

Construction Type Cit

Non Residential Bu

Residential Bu

Semi Heated Bu

Source: Impacts of Standard 90.1-2007 fo

iiConventional Gasoline: finished motor gas

This category excludes reformulated gasolin

Source: Petroleum Supply Monthly, March 2

ont Gap Analysis

source base for their energy needs: petroleum,

troleum and natural gas demand is very low and re

ates require the use of special fuel blends in non

n-attainment areas, residents are allowed to use c

three-fifths of Vermont households use fuel oil

e nation without any coal-fired power plants, the

ar plant located in southwestern corner of the stat

s a high percentage and more than many other stat

ion is produced from numerous small-scale hy

n March 2008, the state adopted a renewable ener

able sources by 2025.6 Fortunately, the Green M

ficant untapped wind power potential, while the d

or wood-fired home heating and electric generatio

s

ing the 2009 IECC, Vermont will save an estimat

es from 2011-2030, or $43 million annually in ener

2009 IECC, it will help Vermont avoid primary ene

CO2 by 2030.8

age of potential energy savings that can be achiev

energy standard (90.1-2007). In the table below,

resents high rise residential buildings and Semi-

ent compliance of Standard 90.1-2007, Vermont w

y costs.

y Energy Savings C

rlington 4.0%

rlington 0.3%

rlington 0.3%

Commercial Buildings at State Level, U.S. Department o

oline not included in the oxygenated or reformulated ga

e blend-stock for oxygenate blending (RBOB) as well as o

005 (Revised May 2010).

11

natural gas, coal,

ceives supply from

attainment areas,

onventional motor

l as their primary

other state being

e generates about

es.

droelectric power

gy goal to produce

untains envelop a

ense forests of the

.

d $371 million in

gy costs, based on

rgy use in addition

d by adopting the

Non Residential is

eated represents

ould attain up to a

st Savings

2.8%

0.0%

0.2%

f Energy

soline categories.

ther blend-stock.


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Adoption

Federal Policy

Although energy code adoption occur

Congress and the U.S. Department of

development, determining the relative

and local-level adoption and implement

EPAct

The Energy Policy Act (EPAct) of 1992 r

codes would improve energy efficiency

DOE make a new determination withinstate would then have 2 years to cert

requirements of the latest iteration of

energy code by submitting a statemen

Energy Policy Act of 2005 specified that

the 2003 IECC and ASHRAE Standard 90.

At the end of 2008, the DOE publishe

buildings, ruling that energy savings a

national source energy and 11.9 perc

Standard 90.1-2007, the most recent n

and small commercial, the most rece

reviewing the 2003, 2006, and 2009 v

2000 IECC and their commercial code bwith EPAct, but is in the process of upda

The Recovery Act

In February of 2009, the U.S. Congre

(Recovery Act), which had three imme

activity and invest in long-term growth,

in government spending.11

To help achi

through the State Energy Program (SEP)

adopt the 2009 International Energy Co

the ASHRAE Standard 90.1-2007 or eq

compliance with the codes by 2017.12 A

ont Gap Analysis

on the state and local levels, the federal gove

Energy (DOE) plays a significant role in adva

effectiveness of national model energy codes, and

tion.

equired DOE to determine whether the most curr

for residential and commercial buildings. It also

twelve months for every subsequent revision ofify that it had revised its own energy code to m

the national models. A state could decline to a

to the Secretary of the DOE detailing its reasons

the most current model energy codes were the 2

1-2004.9

its determination for ASHRAE Standard 90.1-20

bove the previous Standard 90.1-1999 would be

ent for building energy consumption. DOE is c

ational model energy code for commercial buildin

t DOE determination was for the 2000 IECC. A

rsions of the code. With the current residential c

ased on ASHRAE Standard 90.1-2004, Vermont isting both codes.10

ss passed the American Recovery and Reinvest

diate goals: create new jobs and save existing on

and foster unprecedented levels of accountability

ve these goals, the Recovery Act provided states

and the Energy Efficiency and Conservation Block

nservation Code (IECC) or equivalent for residentia

ivalent for commercial construction, as well as a

a stipulation for receiving SEP funds, Governor Ja

12

nment through

cing energy code

supporting state-

ent model energy

andated that the

these codes. Eacheet or exceed the

dopt a residential

for doing so. The

04 supplement to

4 for commercial

13.9 percent for

rrently reviewing

gs. For residential

t present, DOE is

ode based on the

not in compliance

ent Act of 2009

es, spur economic

and transparency

ith stimulus funds

Grants (EECBG) to

l construction and

chieve 90 percent

es Douglas wrote


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a letteriii

to DOE assuring that state offi

actions to achieve these goals. Based

assurance and the State Energy Pla

Vermonts Department of Public Servi

$21,999,000 of SEP funds to Verm

efficiency and renewable energy prog

approved the Department of Public

program plan and awarded them an $11

grant, a portion of which the state w

related programs.14

State Policy

In the United States, building energy c

on the state and local levels. This is d

diverse range of cultures and climates

fifty states, as well as a host of h

influences that shaped federal-state

relations. The process differs from stat

most cases codes are adopted thro

process, a regulatory process, or a com

although a handful of states are strong

permit local jurisdictions to adopt ene

state is unique in how it conducts busi

policy and each state requires its own p

for achieving the best possible co

governments, citizens, and businesses.

Political Environment and Energy C

Vermont institutes a regulatory proces

Energy Standard (RBES) and the Comm

State Administrative Procedures Activ,

comments.

The Department of Public Service (DPS)

Commissioner of Public Service on the i

iiiA scanned version of Governor Douglass le

http://www.energy.gov/media/Douglas_Veiv

State Administrative Procedures Act : 3 V.S

http://www.leg.state.vt.us/statutes/section

ont Gap Analysis

Whats required by th

Depending on your location (

there are requirements for in

walls, and sometimes, floors,

basement walls, and slab ed

Less insulation is allowed for

more is required for steel fra

Also dependant on climate z

requirements for windows, s

doors

The building shell, also know

envelope, must be caulked a

air movement

Duct insulation

Pipe insulation

Duct sealing to reduce air lea

Heating, ventilation, air cond

and water heating equipmen

control requirements for co

buildings

Some residential lighting req

All commercial lighting

Heated swimming pool cover

The energy code applies to al

and commercial buildings, as

additions/alterations/renova

buildings

Compliance paths include pr

building envelope UA (tradeo

simulated performance

cials would begin

n the governors

n submitted by

e, DOE awarded

ont for energy

rams.13 DOE also

Services EECBG

,274,001 formula

ill use for code-

des are adopted

e, in part, to the

found across the

istorical political

and state-local

e to state, but in

gh a legislative

bination of both,

ly home rule and

rgy codes. Every

ness and creates

articular strategy

e for its local

ode Adoption

for changes to their energy codes, namely the R

rcial Building Energy Standards (CBES). This proce

which includes public notification, public hearin

is required to provide technical assistance and ex

nterpretation of the RBES and in formulating speci

tter can be found here:

mont.pdf

.A. Chapter 25, 836

s.cfm?Title=03&Chapter=025

13

e IECC?

climate zone)

sulating ceilings,

foundations,

e

mass walls, and

ming

ne, there are

kylights, and

as the building

d sealed to limit

kage

itioning (HVAC)

t efficiencies and

mercial

irements

s and controls

l new residential

well as

tions to existing

scriptive, total

ff method), and

esidential Building

ss is set out in the

g, testimony, and

pert advice to the

ic revisions to the


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RBES.15

Technical assistance and advic

the RBES, when the DPS convenes an

commissioner.16 The same process is tru

ensure that appropriate revisions are m

construction under the IECC or ASHRAE

energy savings.17 Before final adoptio

Service must create an advisory commi

for revision of the CBES.

Vermonts first residential energy cod

residential code was based on the 1995

January of 2005vii. In October of 2001

Guidelines for Energy Efficient Comm

Commercial Guidelines are currently un

a statewide basis. However, commerci

above grade must use the Commercial

2007. To demonstrate code compliance,

Energy-developed REScheckprogram, m

Within the last year, Vermont has had

code, ordered an update process to c

threshold of compliance over the next f

Recent Energy Codes-related Legisl

On May 27, 2009, the state legislature p

Commissioner of the DPS to adopt the

vThe RBES and CBES advisory committee mu

builders, building designers, utility represent

advocates and energy conservation experts.vi

The Council of American Building Officials

residential building energy codes adopted b

American Building Officials Model Energy C

requirements of ASHRAE 90.189 and to rev

In an effort to harmonize building codes acr

CABOs MEC was revised to become the first

energy code was published in 2000, which invii

Since January of 2005, the RBES was base

construction) and was mandatory statewideviii

The 2001 Commercial Guidelines incorporamendments.ix

Commercial Building Energy Standards (CBx

The Vermont Energy Act of 2009 (H.446), a

http://www.veic.org/Libraries/Resource_Lib

ont Gap Analysis

is gathered at least one year prior to adopting re

advisory committeev that later provides recom

e with respect to the CBES: the commissioner of

ade promptly after the issuance of updated standa

/ANSI/IESNA Standard 90.1, whichever provides th

of each required revision of the code, the Dep

ttee to provide the commissioner with additional

, the RBES, was adopted in 1997 and mandato

CABO/MECvi and later revised in 2003 with revisio

, Vermont published its first IECC-based code, t

ercial Constructionviii that was later updated in

er adoption as the single energy code for all comm

al buildings and residential buildings that are fo

uilding Energy Standards (CBES)ix, which became e

COMcheckand VTcheck, a custom version of the

ay be used.

flurry of legislation which updated their resident

orrelate with the publications of IECC standards,

w years.18

tion

assed the Vermont Energy Act of 2009x, known as

009 IECC and ASHRAE 90.1-2007 in addition to de

st have one or more representatives from the following

atives, and other persons with experience and expertise

(CABO)/Model Energy Code (MEC) was the precursor to

many states were the 1992, 1993, and 1995 versions o

de. The Energy Policy Act of 1992 required states to me

iew their existing energy codes to see how they compar

ss the United States, an International Code Council was

International Energy Conservation Code (IECC) and the

cluded requirements for both residential and commerci

on the 2000 IECC (with reference to ASHRAE 90.1-2004

for all new residential and commercial buildings.

ate ASHRAE /IESNA 90.1-1999 and a number of Vermon

ES) was enacted into state law in 2006 (21 V.S.A. 268).

s passed by the house and senate is available here:

rary_Documents/extractofact45_1.sflb.ashx

14

uired revisions to

endations to the

ublic service must

ds for commercial

e greatest level of

artment of Public

recommendations

ry statewide. This

ns taking effect in

he 2001 Vermont

2005. The 2005

ercial buildings on

r stories or more

ffective January 1,

.S. Department of

ial building energy

and mandated a

Act 45, directs the

veloping a plan to

: mortgage lenders,

, such as consumer

the IECC: the first

the Council of

et or achieve the

d to CABOs MEC.

formed. As a result,

irst IECC building

al buildings.

for commercial

-specific


15/49

Ver

achieve 90% energy code compliance o

federal stimulus legislation, the Recover

Act 45 also charges the DPS with the re

for residential buildingsxi and either the

1, 2011, which will be effective immedi

the IECC and ASHRAE Standard 90.1, th

years, with the new codes be

By September 1, 2011, the Commission

following six years that includes statewi

measure the compliance rate by June 30

Other Vermont Building Codes

Under the Department of Public Safety

became effective as of June 15, 2009 a

The Commissioner of Public Safety an

administering the fire code through a ce

Rulesxv - based on the 2009 Internation

also enforced under the purview of the

electrical inspectors.20

Energy Codes for State-funded Facil

State-funded facilities are governed by

2007, large buildings were required t

xiThis applies to new construction and reno

xiiThe Department of Public Safety is Vermo

to promote the detection and prevention of

in cases of statewide or local disasters or em

into four divisions, the Vermont State Police

Safety.xiiiThe Fire & Building Safety Code 2006 is b

1) 2006 ed., International Building Code (IBC

of the code is available online at: http://wwxiv

An example of the site plan review checkli

http://www.dps.state.vt.us/fire/newforms/xv

The plumbing code became effective on D

connected to public water systems or publicwater or sewage systems.http://www.dps.sxvi

A copy of the 2008 Vermont Electrical Saf

http://www.dps.state.vt.us/fire/licensing/fi

pdf

ont Gap Analysis

new building space within eight years (which is al

y Act).

ponsibility to complete rulemaking on the adoptio

2009 IECC or ASHRAE 90.1-2007 for commercial b

tely upon final adoption. To incorporate the most

DPS must update the residential and commercial

oming effective within three months of

er of DPS must also issue a plan to achieve 90% co

e training and enforcement programs as well as a

, 2012.

xii, Vermont enforces the Fire & Building Safety C

nd applies to all public buildings throughout the s

d staff members of the Division of Fire Safety a

rtificate program and site plan reviewxiv. The 2009

l Plumbing Code - and the 2008 Vermont Electrical

Commissioner of Public Safety and designated staff

ities

the same code as all other construction. Before t

o comply with a commercial energy standard t

ations of more than 500 ft2.

nts largest law enforcement agency. The Departments s

crime, to participate in searches for lost and missing per

ergencies. In order to carry out this purpose the Depart

, Vermont Emergency Management, Criminal Justice Ser

sed on the Life Safety Code (NFPA 101) 2006 ed., Unifor

) 2006 ed., and the National Board Inspection Code (NBI

.dps.state.vt.us/fire/06firecodeADOPTEDjune15092.pd

st can be found online through the Department of Publi

hecklist.pdf

ecember 15, 2010 and is applicable to all public building

sewage systems, and to all other buildings or facilities ctate.vt.us/fire/licensing/Plumbing2009AdoptedRules.do

ty Rules :

alproposedrulesUNannotated9sept08[1].doc%20[Comp

15

so directed by the

n of the 2009 IECC

ildings by January

recent versions of

codes every three

final adoption.

mpliance over the

ystem to annually

de 2006xiii, which

ate of Vermont.19

re responsible for

ermont Plumbing

Safety Rulesxvi are

members, such as

he CBES passed in

at was based on

tatutory purpose is

sons, and to assist

ent is organized

ices, and Fire

m Fire Code (NFPA

C) 2004 ed. Full text

f

Safety:

s, whether or not

nnected to a publicc

atibility%20Mode].


16/49

Ver

ASHRAE. If Vermont were to institute a

experience not only lower energy bills t

impact, and improve the air quality and

their commitment to energy-efficient c

code adoption for private construction,

hesitant to upgrade the baseline energy

Gap #1: Vermont does not require stri

state-funded buildings.

Recommendation: the state should p

support and promotion of programs to

forward on energy efficiency and h

buildings. If the state mandated a

practices such as ENERGY STAR

requirements for state-funded buildin

only preserve state resources but also

advanced building practices by setting a

Statewide Climate Change Initiative

Vermont, much like most of the northe

been examining the climate change and

several years.

On September 16, 2003, Governor

emission reduction targets through Ex

14-03, which directed state government

state government buildings and op

recommendations of The Conference of

Change Action Planxvii.The executive or

interagency group chaired by the Co

Environmental Conservation, and Publi

greenhouse gas (GHG) emissions from

efforts to meet the states GHG emissio

effortsxviii.

xviiThe goals established by the Conferencbaseline by: twenty-five percent by 2012;seventy-five percent by 2050.xviii

All three CNWG reports are catalogued t

http://www.anr.state.vt.us/anr/climatechan

ont Gap Analysis

Why Climate Change Initia

Vermont is concerned with the

of climate change on the envi

economy. Since building energy

roughly 40 percent of energy u

and in Vermont, much of that e

non-renewable sourcesenerg

tool for reducing energygreenhouse gas emissions, not t

money.

Energy savings built into new

accrue over the life of the buil

that buildings typically last fro

adopting energy codes not o

building energy performance, b

performance of existing buildin

beyond. This makes energy co

long-term policy for mitigatin

and supporting the Vermont ec

dvanced building practices on state-funded faciliti

at save taxpayer dollars, but also further reduce t

comfort of public buildings. Such a mandate would

nstruction, create a more conducive environment

and afford leverage in negotiating with stakehold

code.

ter standards for

rovide additional

lead the market

igh performance

vanced building

or LEED-based

gs, it would not

encourage these

n example.

s

astern states, has

climate issues for

Douglas issued

cutive Order No.

agencies and departments to reduce greenhouse

erations. 21 The targets were set to be con

the New England Governors and Eastern Canadia

der also created the Climate Neutral Working Gr

missioners of the Departments of Buildings &

c Service that would be in charge of monitoring

ermont State Government operations.22 The grou

ns reduction goals and prepares biennial reports t

e are to reduce region-wide greenhouse gas emission

fifty percent by 2028; and, if practicable using reaso

rough the Vermont Agency of Natural Resources:

ge/Library.html

16

tives Matter

potential impacts

ronment and the

use accounts for

e in the nation

ergy comes from

codes are a vital

use and, thus,o mention saving

construction will

ding. Considering

m 50-100 years,

nly impacts new

t also the energy

gs until 2060 and

des an important

climate change

nomy.

s the state would

eir environmental

also demonstrate

for stricter energy

er groups that are

as emissions from

sistent with the

Premiers Climate

up (CNWG) as an

General Services,

and documenting

p also coordinates

o document these

s from the 1990

nable efforts,


17/49

Ver

A few years later, on December 5, 200

and climate variation could have on Ve

signed Executive Order No. 07-05xix cre

this executive order, the GCCC was char

1. examine the real and potential

and the economy;

2. produce an inventory of existi

emissions within the state;

3. educate the public about clim

Vermonters understand how th

4. request input from representati

non-profit, higher education, m

emissions and conserve energy;

5. develop recommendations to th

through a Climate Change Actio

In response, the GCCC submitted their

for Climate Strategies, the Plans goal i

plan includes strategies to improve build

In addition to these efforts, Vermont is

Gas Initiative (RGGI) in 2005xx

which is a

greenhouse gas emissions. RGGI is the

the United States." RGGI is made up of

Maine, New Jersey, New York, Rhode I

established a regional cap on CO2 emissi

a tradable CO2 allowance for each ton

emissions and take that money to fund

technologies.25

A more recent activity in June of 2010:

Columbia, announced a Declaration o

initiative aims to, "expand safe and

transportation costs, improve overall ai

xixThe executive order can be found here:

http://governor.vermont.gov/tools/index.pxx

Vermonts Governor signed the MOU and j

coordination to reduce greenhouse gases

http://www.leg.state.vt.us/statutes/fullsecti

ont Gap Analysis

, further recognizing the profound implications th

monts economy, environment and quality of life,

ting the Governors Commission on Climate Chan

ged with several duties to achieve over the next tw

ffects of climate change to public health, natural r

g and planned actions that contribute to greenh

ate change and develop educational tools that

y can play a role in reducing greenhouse gas emiss

ves of the business, environmental, forestry, trans

nicipal and other sectors regarding opportunities

e Governor to reduce greenhouse gas emissions in

Plan no later than September 1st, 2007.23

limate Change Action Plan in October 2007. Accor

to reduce emissions by 75% by 2050 using 1990

ing efficiency codes and training.24

also active on a regional level and joined the Re

"cooperative effort by ten Northeast and Mid-Atla

first mandatory, market-based CO2 emissions red

northeast states: Connecticut, Delaware, Massac

land and New Hampshire. The ten states particip

ons from the power sector and are requiring powe

of CO2 they emit. The states chose to auction ne

rograms supporting end-use energy efficiency and

leven Mid-Atlantic and Northeastern states, as we

f Intent for the Transportation and Climate Ini

reliable transportation options, attract federal i

r quality and public health, and mitigate the tran

p?topic=ExecutiveOrders&id=1623&v=Article

oined other states in the RGGI initiative. 30 V.S.A. 255

ion.cfm?Title=30&Chapter=005&Section=0025517

at global warming

Governor Douglas

ge (GCCC). Within

years:

esources,

ouse gas

will help

ions;

ortation,

o reduce

Vermont

ding to the Center

as a baseline. The

ional Greenhouse

ntic states to limit

uction program in

usetts, Maryland,

ting in RGGI have

r plants to possess

arly all of the CO2

renewable energy

ll as the District of

iative (TCI).26 The

nvestment, lower

portation sector's

: Regional


18/49

Ver

impact on climate change."27

Included

District of Columbia.

Green Building Overview and Incen

LEED

Of the 5,156 LEED certified building

Vermont had 29 or just over 0.5% of th

For LEED registered buildings, Vermont

the nations 18,029.29 The state is on

other states in the region, including: C

Rhode Island, and New Hampshire

Pennsylvania, and, finally, New York le

region for LEED structures.

ENERGY STAR for Homes

The U.S. Environmental Protection Agen

green building practices. To earn the E

set by the EPA, making them 2030%

performance through a combination of

performance windows, tight constructi

Qualified lighting and appliances.31 To

verification by a certified Home Energy

the builder throughout the construction

construction techniques and conduct

inspections to document that the home

Vermont has 6,776 ENERGY STAR hom

number of ENERGY STAR homes and 3

were constructed by 48 different ENER

is more impressive is that the ENERG

penetration of 36% in 2009, the late

national average of 21%.35 The prevalen

homes were built above-code, making t

the state has five ENERGY STAR Pro

Department, Vermont Public Power

Cooperative.

ont Gap Analysis

Why Green and Above-Code Pro

Green and advanced codes and s

transform the marketplace b

performing buildings into the m

also raise awareness of energy

efficient design for the public, a

and building professionals and

Finally, they raise the ceiling for

performance, which, in turn,

shapes the development and admodel codes.

in this initiative are the ten RGGI members, Pen

tives

in the country,

e national total.28

accounts for 46 of

par with several

nnecticut, Maine,

. Massachusetts,

ad the way in the

cys (EPA) ENERGY STAR for Homes is another way

ERGY STAR, a home must meet strict guidelines fo

more efficient than standard homes.30 Homes ac

energyefficient improvements, including: effectiv

n and ducts, efficient HVAC equipment, and instal

ensure that a home meets ENERGY STAR guid

Rater (or equivalent) is required. Often, the rater

process to help determine the needed energy-savi

s required on-site diagnostic testing and

is eligible to earn the ENERGY STAR label.32

s, accounting for about 0.6% of the nations

7 were constructed in 2009.33 These homes

Y STAR partner builders in the state.34 What

Y STAR New Home program had a market

t year on record, which is well above the

ce of ENERGY STAR homes means that many

e cost of transitioning to their new code less chall

uct Partners: Burlington Electric Department, R

Supply Authority, Village of Johnson, and W

18

grams Matter

tandards help to

bringing high

ainstream. They

- and resource-

s well as design

code officials.

building energy

accelerates and

option of future

sylvania, and the

to gage Vermonts

r energy efficiency

hieve this level of

e insulation, high-

ling ENERGY STAR

elines, third-party

works closely with

ng equipment and

nging. Moreover,

eadsboro Electric

shington Electric


19/49

Ver

standards of the Vermont ENERGY STAR

meets RBES, Washington Electric will pr

The state also has natural gas efficiency

programs administered and implement

efficiency loan so homeowners can u

Burlington Electric Department adminis

rebates for energy efficient lighting and

Gap #2: the state should engage and

cooperatives on programs that promote

Recommendation: DPS or another sta

an incentive program that supports c

Figure 3: Map of Vermont Electric Coopera

Vermont Electric Cooperative

ont Gap Analysis

Utility& Cooperative Pro

Efficiency Vermont (EV

first ratepayer-funded

utility providing energy

statewide. EVT pr

incentives and technical

Vermont residents and

their energy costs wit

technologies. Efficienc

provides energy-efficie

construction and reno

payers pay for this

efficiency charge on th

code-related project fu

is the code hotline th

assistance daily from 8

The two largest power

state, Green Mountain

Vermont Public Service

energy efficiency and

programs available to t

members. The Washing

is proactive utility th

members to find ways

own electricity. Theenergy efficiency effort

compliance by providing

for new homes that me

Homes program. After a home energy rating verif

vide participants with a $150 bonus.37

and green energy programs, including several nat

d by Vermont Gas Systems, Inc. Vermont Gas pro

grade their equipment and windows to make

ers a program for apartments and commercial ten

appliances, among other efficient technologies.38

strategize more with utilities, especially Efficie

energy code development, implementation, and c

e department could work with utilities and coope

mponents of the pending 2011 RBES. Utilities

tives & Utilities, Source:

19

grams

T) is the nation's

energy efficiency

efficiency services

ovides financial

assistance to help

businesses reduce

h energy-efficient

y Vermont also

nt approaches to

vation. The tax

with an energy

electric bills.36 A

nded through EVT

t offers technical

m to 5 pm.

companies in the

Power and Central

Corporation, have

renewable energy

heir customer and

ton Electric Co-Op

t encourages its

to produce their

Co-Op supportss and energy code

added incentives

t or go above the

ing that residence

ural gas efficiency

vides a residential

omes less drafty.

ants that provides

cy Vermont, and

mpliance.

ratives to develop

an become more


20/49

Ver

involved with programs supporting cod

side management effort. Additionally,

changes to system wide demand.

There are additional programs encoura

Energy Rating System (HERS). This proc

consistent home energy ratings are pe

companies listed on the RESNET we

regulations on Interconnection Standa

Metering, which all promote local clean

Enterprise Development (SPEED), with

encouraging long-term contracts for ele

Building America

Since 1994, the DOEs Building America

new and existing homes. Working with

to improve the quality and performance

homes. To qualify, homes must receiv

innovative house-as-a-system approach

percent with little or no impact on the

used in more than 42,000 homes acros

other new homes sit on the market for

Through its Builders Challenge progr

EnergySmart Home Scale label. Build

programs assist and reward builders wh

energy threshold requirements for the B

According to the Building America we

specifications.42

Vermont Building Greener

The Vermont Buildin

residential buildings i

certifies and quantif

sustainable criteria.

experts and continue to be used as a

model for other similar green building c

xxiThe Procedure sets minimum standards fo

quality control. These standards assure that

ont Gap Analysis

compliance as these programs can be considered

he energy efficiency of new construction aids uti

ing efficiency, such as state-specific provider accr

edurexxi took several years to create and ensures

rformed by accredited HERS providers.39 At this

site (Residential Energy Services Network).40

ds, Line Extension Alternatives, Renewable Ener

energy generation. Another program is the Sustain

the program intent to promote renewable energ

tricity from renewable sources.41

program has been raising the bar for energy effici

national laboratories and the residential building i

of todays homes while continually working towar

e a score of 70 or less on the HERS index, thou

can reduce a homes average energy consumption

cost of new construction. Building America appr

the country to date. These homes typically sell

onths.

m, new homes that meet stringent qualificati

rs Challenge is similar to ENERGY STAR for Ho

o build homes more efficiently than standard prac

uilders Challenge program are different than those

bsite, builders in Vermont have built 1 home to

g Greener (VBG) Program is a voluntary certific

Vermont. An initiative of Building for Social Respo

ies that homes participating in the program a

he program criteria have been created and sup

ustainable standard in Vermont and elsewhere a

rtification programs in the region.43

r rater training, operating procedures and policies, soft

customers can rely on the representations of accredited

20

another demand-

lities in predicting

ditation for Home

that accurate and

time, there are 5

ermont also has

y Rights and Net

ably Priced Energy

development by

ncy and quality in

ndustry, its goal is

s net-zero energy

gh the programs

by as much as 40

oaches have been

ithin weeks while

ons can earn an

mes in that both

tice. However, the

of ENERGY STAR.

Building America

tion program for

nsibility, VBG both

e constructed to

orted by regional

d may serve as a

are programs, and

providers.


21/49

Ver

Local Policy

Local energy code adoption varies grea

have full authority to adopt energy cod

a statewide minimum first. On the othe

prohibits local jurisdictions from diverg

between, mandating a minimum cod

jurisdictions.

In Vermonts case, when codes are a

jurisdictions. In conversations with buil

law.

IBC

The 2006 Fire & Building Safety Code i

which covers commercial construction.

ASHRAE Standard 90.1-2007 as an alter

the IBC is equivalent to the IECC and St

municipalities in Vermont have adopte

choose not to enforce it by not also

equivalent to adopting the IECC. Wit

accurate to err on the side of caution an

Local Adoption Spotlight

With being a rural state, very few local

are among the few.

Since 1991 when the Burlington City

residential construction and applicabl

Construction for the City of Burlington,

guidelines. However, the citys chief e

rental properties. In March 1997 the

Efficiency Standards Ordinance to imp

Time of Sale Energy Ordinance, im

insulation and other thermal perform

dwellings. The ordinancexxii was created

xxiiWhen a rental property is being transferr

Vermont licensed mechanical engineer, or a

clerk when the deed is recorded in the land

ont Gap Analysis

ly from state-to-state. In strong home rule states,

s that best fit the needs of their community, while

r end, some states mandate a minimum-maximum

ing from the state code whatsoever. Most states

e, but allowing some flexibility to go beyond

opted at the state level, they are theoretically

ers, most local building permits direct builders to

based on the 2006 edition of the International B

The IBCs Chapter 13 references the IECC, which,

ative compliance path for commercial constructio

ndard 90.1. However, it is difficult to make this cl

d the 2006 Fire & Building Safety Code but elimin

dopting the IECC. Therefore, in practice, adopt

out assurances that a community enforces Chap

d assume that it does not.

ities have an active building department; Burlingt

Council established an ordinance requiring all

new equipment comply with the Guidelines fo

Vermont.44 The Public Health and Safety Departm

ergy focus has not been the energy codes and,

urlington City Council passed the Minimum Rent

rove rental dwellings within the city.45 This ordin

proves structures that are substandard due to

nce defects that cause the inefficient use of e

to address the well-known split incentive that exis

ed and there is a deed recorded, an inspection report m

n inspector certified by the program administrator, and f

records. The inspection report includes a certificate of e

21

local jurisdictions

others must meet

energy code that

fall somewhere in

it in progressive

adopted for local

comply with state

uilding Code (IBC),

in turn, references

. In theory, then,

aim because many

ate Chapter 13 or

ing the IBC is not

ter 13, it is more

n and Montpelier

commercial and

r Energy Efficient

nt enforces these

ather, retrofits to

al Housing Energy

ance, dubbed the

lack of adequate

ergy to heat the

ts between renter

st be signed by a

iled with the city

ergy efficiency


22/49

Ver

and landlord for energy efficiency impr

and retrofit work; in the citys 2000 Cli

standards were very conservatively est

Burlingtons Municipal Development P

minimally addressed within chapters eig

the municipal code and ordinances with

comprehensive code enforcement, and

the penalties for landlords who continu

On September 8, 2010 Montpelier co

Master Plan. In the Master Plan, there

hopes to reach in the housing and build

to get development regulations (zonin

state standards and incorporate smart

Commission hope to do this by develo

buildings and land in areas where grow

affordable housing units. The City Cou

add affordable units to their properties

Additionally, by 2015, the city wants all

built within five percent of the highes

housing stock use less energy and w

promoting and educating about the

construction to meet sustainability st

Montpelier will be exploring and cre

adaptation building design. Recommen

for eco-efficient structure site design aefficient. The city will be active wit

requirements for energy efficiency, clim

more stringent standards. Building code

instituted: City regulatory reform is ne

serve as the policy framework for the re

Energy Codes for Municipal-funded

By requiring stricter standards for publ

efficient construction, create a more c

compliance, if the standards of this article ar

year from the date of transfer to complete txxiii

The 2000 Burlington Climate Action Plan

http://burlingtonclimateaction.com/files/20

ont Gap Analysis

vements in rental housing. There are benefits to

ate Action Plan, the potential for emissions reduc

imated to exceed 100 tons per year.xxiii Another cr

lan, the most recent version is from 2006 in

ht and nine - the Energy Plan and Housing Plan: A

an eye on reducing CO2 loads and Encourage inc

support the code enforcement ordinance that sig

to violate livability standard.46

pleted its long process with the City Council a

re a set of goals for Housing and Buildings. So

ings sector are directly code related. By 2015, Mo

, subdivision, and building codes) to meet appli

rowth principles for sustainability. The City Counc

ping new regulations and incentives to improve t

th is concentrated. Another recommendation is t

cil will create financial incentives to encourage p

nd to bring existing units up to code.

l new and retrofitted, residential and non-resident

t energy and water-efficient design available and

ter then the reported 2004 level. They hope t

enefits of eco-efficient building design and en

ndards, such as LEED. Over the course of th

ating incentives for adopting eco-efficient stand

ations from their plan to meet these goals are to

d to provide financing incentives for buildings thah code development by reviewing the building

ate adaptation, and building construction consisten

s are directly mentioned as one aspect of how the

ded to implement the Master Plan and that the

gulation.47

Facilities

ic buildings, jurisdictions demonstrate their comm

nducive environment for stricter energy code ad

e met, or a listing of the standards not met. The propert

he energy improvements.

can be found here:

09/10/Municipal.pdf

22

code enforcement

ions from the two

itical document is

hich codes were

mend and enforce

reased funding for

ificantly increases

opting their new

e targets the city

ntpelier is working

able national and

il and the Planning

e efficient use of

o help create new

roperty owners to

ial buildings to be

also to have the

o achieve this by

ouraging all new

next few years,

ards and climate

consider subsidies

t are more energycode and adding

t with LEED and or

aster Plan will be

aster Plan would

itment to energy-

option for private

y owner is given a


23/49

Ver

construction, and give themselves lev

upgrade the baseline energy code. The

their environmental impact, and improv

Currently, there are no cities or counties

Gap #3: stricture standards are not req

Recommendation: given with the uniq

opportunity to lead the state by requirin

Local Climate Change Initiatives

Two cities in Vermont have signed on

Under the agreement, participating citi

Protocol targets in their own communitenact policies and programs to meet or

United States in the Kyoto Protocol;

legislation, which would establish a

Montpelier were the only representativ

Local Governments for Sustainability (IC

who have made a commitment to sustai

information services to build capac

implementation of sustainable develop

initiatives can provide an effective and

objectives. They have programs focusi

Projectxxiv, sustainable cities, and wat

participating in this association: Burlingt

Overview of Local Green and Above

The City of Burlington has developed a z

Councils Leadership in Energy and En

Code, development projects that build

building height and corresponding floor

around building height restrictions and

view.

xxivThe EcoMobility Shift Program aims at de

sustainability of local governments transpo

EcoMobility Label that values their efforts t

pedestrians, cyclists, wheelers and public tr

ont Gap Analysis

rage in negotiating with stakeholder groups th

y also save taxpayer dollars with lower energy bi

e the air quality and comfort of public buildings.

that mandate special requirements for municipal

ired for municipal-funded buildings.

ue enforcement structure in Vermont, municipal

g advanced energy efficiency for city or county-fun

to the U.S. Conference of Mayors Climate Prot

es commit to take three steps: 1) strive to meet

ies; 2) urge their state governments, and the fedebeat the greenhouse gas emission reduction target

and, 3) urge the U.S. Congress to pass greenho

national emission trading system.48 Mayors fro

s from Vermont who supported this effort.

LEI), is an association of over 1,100 local governme

nable development. ICLEI provides technical consu

ity, share knowledge, and support local go

ment at the local level. Their basic premise is th

cost-efficient way to achieve local, national, and gl

ng on biodiversity, solutions to climate change,

er conservation, among others.49 Vermont has

on and South Burlington.

-Code Building Programs

oning code that incentives those who build to the

ironmental Design (LEED) standards. Under the

to a minimum of LEED Silver certification are elig

area ratio.50 Therefore, these buildings have the

, possibly, gain a scenic view.51 You build green,

veloping a method to assess, improve and promote the

t and land-use planning policies. Municipalities will be a

o improve the friendliness of their cities, neighborhood

nsport users.

23

t are hesitant to

lls, further reduce

uildings.

ities still have the

ded buildings.

ction Agreement.

or beat the Kyoto

al government, tosuggested for the

use gas reduction

Burlington and

nts in 68 countries

lting, training, and

ernment in the

t locally-designed

obal sustainability

EcoMobility SHIFT

two communities

.S. Green Building

Burlington Zoning

ible for additional

pportunity to get

you get a better

environmental

le to obtain an

s and facilities for


24/49

Ver

Renewables

Energy efficient construction brings d

operators of commercial buildings. F

efficiency measures, the overall energy

the size of solar PV and solar hot wat

costs are lowered for homeowners

technologies and lower cost by way of

the provision of on-site energy genera

production at the building level also co

goals adopted by many states such as V

Adoption Summary: Best Prac

Current Best Practices

Vermont has an update process

Following adoption by the com

state.

The state is in the process of u

fully implemented, this updated

In developing the 2011 RBES,

stakeholders within the cod

organizations to contribute thro

Vermont has currently issued a

develop and implement a model

Gaps and Recommendations

Gap #1: Vermont does not require strict

Recommendation: the state should p

market forward on energy efficiency

building practices such as ENERGY STAR

only preserve state resources but also e

Gap #2: the state should engage and

cooperatives on programs that promote

Recommendation: DPS or another sta

an incentive program that supports c

involved with programs supporting codside management effort. Additionally,

changes to system wide demand.

Gap #3: stricture standards are not req

ont Gap Analysis

own the cost of renewable energy options for

or residential buildings, when homes are equi

demands of the home decreases, which allows ho

r equipment on their rooftops. By buying smaller

potentially resulting in increased market pene

economies of scale for manufacturers. The same p

ion for commercial buildings. Taken as a whole,

pliments utilities efforts to meet the renewable

rmont.

ices and Recommendations

for both their residential and commercial codes.

issioner of public service, the codes are mandato

dating their RBES and CBES with strengthening a

code will have greater efficiency levels than the 20

the state made an impressive effort to include

advisory committee and also invited comm

ughout the process.

n RFP to measure current baseline performance

l code.

er standards for state-funded buildings.

ovide additional support and promotion of pro

and high performance buildings. If the state m

or LEED-based requirements for state-funded buil

courage these advanced building practices by setti

strategize more with utilities, especially Efficie

energy code development, implementation, and c

e department could work with utilities and coope

mponents of the pending 2011 RBES. Utilities

compliance as these programs can be consideredhe energy efficiency of new construction aids uti

ired for municipal-funded buildings.

24

homeowners and

ped with energy

eowners to lower

-scale equipment,

tration for these

rinciple applies to

renewable energy

portfolio standard

ry throughout the

endments. When

09 IECC.

a wide range of

unity and other

nd compliance to

rams to lead the

ndated advanced

ings, it would not

ng an example.

cy Vermont, and

mpliance.

ratives to develop

an become more

another demand-lities in predicting

Comment [kg1]: Kelly, is this c

be happy to inc orporate any inforwish.

orrect? W

mation th


25/49

Ver

Recommendation: even with the uniq

opportunity to lead the state by requirin

Implementation

While energy code adoption is the nec

compliance. To achieve the desired ene

cities must carry out energy code impl

prepare state energy offices, local buil

compliance with the energy code. It in

based training, establishing and utili

educational and organizational efforts.

Overview of State and Local I

For residential buildings enforcement st

through self-certification. As stated in

recognizes that it is the builders resp

technical efficiency standards, and the

minimum efficiency.53 Technical assist

Assistance Center (ECAC). They have

downtown Burlington.

RBES Compliance

Fast-Track

Method

The simplest approach. Allo

set of features. Minimal calc

Trade-Off

Method

Almost as simple as the Fas

more designs. You trade o

for other features in your de

VTcheckSoftware

Method

Use your computer with Valmost any design and deter

needed to meet the Code.

Home Energy

Rating Method

Achieve a minimum score of

to comply. This approach

efficient domestic hot water

ont Gap Analysis

ue enforcement structure in Vermont, municipali

g advanced energy efficiency for city or county-fun

essary first step in the energy codes process, it d

rgy and financial savings available through energy

ementation, a term used to describe all of the a

ing departments, the building industry, and othe

ludes outreach to stakeholder groups, on-site, cla

zing enforcement infrastructure, tools, and sy

plementation Policies

andards and criteria are set on a per home basis

the Vermont Residential Building Energy Code Ha

nsibility to understand the Energy Code, to buil

to certify (on a one-page form) that the building

law. No plan

inspections by

involved. 52 T

discretion to use

available metho

with the code.

thermal and prthat must be m

the RBES but,

simplest approac

levels of efficienc

complex method

nce is made available at no charge through E

hotline that is open daily from 8 am to 5 pm

Methods

ws you to incorporate a prescribed

ulations.

-Track method, but accommodates

f various Fast-Track requirements

ign.

Tcheck software to easily analyzemine whether any modifications are

82 (the high end of a 4 Star rating)

gives full credit for air tightness

heating, and solar orientation.

25

ties still have the

ded buildings.

oes not guarantee

codes, states and

tivities needed to

r stakeholders for

ssroom, and web-

tems, and other

nd are completed

ndbook, The law

to the minimum

complies with the

reviews or final

ode officials are

e builder has

one of the four

ds of complying

Each method has

escriptive valuest to comply with

generally, the

h has the highest

y, while the more

are closest to the

Ts Energy Code

and an office in


26/49

Ver

For residential homesxxv

, the builder mu

in the home near the electrical box or

town clerk for the town or city in whic

Service. Builders interviewed have exp

DPSs websitexxvii and found on page 46

Gap #4: there is not a process in place t

Recommendation: provide improvem

complied with the RBES without submit

service panel, as a condition for a fin

Efficiency Certificate is sent to the Ve

physical enforcement is through the Di

xxvOwner/builder projects are exempt fro

meet certification requirements by completi

Vermont Department of Public Service websxxvi

RBES Certificates are available on the Ver

http://publicservice.vermont.gov/energy/ee

http://publicservice.vermont.gov/energy/eexxvii

RBES Certification can be found on DPSs

http://publicservice.vermont.gov/energy/eexxviii

Alterations, renovations, or repairs on c

required to complete the certification proce

Figure 4: an example of the Energy Efficiency

Certificate from the RBES

ont Gap Analysis

st fill out the RBES certificatexxvi

, copied for future

heating equipment. Copies of the certificate mus

h the home is located as well as the Vermont De

ressed that they are not filed. The certificate is a

f the Energy Code Handbook.

ensure builders are filing Certifications with local

ent notices to builders letting them know th

ting the certificate.Prosecute or fine builders who

necessary documentation after notice has bee

had a licensing infrastructure, the state coul

cancel professional licenses.

The RBES holds builders accountable by way o

if a home required by law to meet the code

a home owner may seek damages in court

occupancy or the filing of the required certifi

Similar to the RBES, Energy Efficiency Certif

demonstrate compliance with the CBES fo

constructionxxviii. As stated in chapter 13 o

Safety Code, the certificate is filled out

approved by the Department of Public

compliance with the Vermont Guidelines f

Commercial Construction, for the design a

any public building, other than one and tw

and multi-family dwellings three stories

shall be affixed in a visible location inside t

vicinity of the heating or cooling equipmen

l occupancy permit.55 Together with a signed Af

rmont Department of Public Service and the to

ision of Fire Safety, which is required to ensure t

m the technical requirements of the RBES, but the owne

ng and filing a disclosure statement. This is found online

ite.

mont Department of Public Service website:

_resbuildingstandards.htmland

_files/rbes/rbes_certificate_form.pdfwebsite, here:

_resbuildingstandards.html

mmercial buildings are required to meet the energy cod

ss.

26

needs, and posted

be filed with the

artment of Public

vailable online on

overnment.

y have not fully

do not submit the

sent. If Vermont

also suspend or

consumer action:

does not comply,

ithin six years of

ation.54

icates are used to

new commercial

the 2006 Fire &

by a builder and

ervice, indicating

r Energy Efficient

nd construction of

o family dwellings

or less in height,

e building, in the

t or the electrical

idavit, the Energy

n clerk; the only

he certificates are

r/builder must

through the

e, but are not


27/49

Ver

posted in new construction. It is import

officials, it does not eliminate inspectio

250, which applies to large-scale comm

Gap #5: there is no process in place

Certificates with the Vermont Departme

Recommendation: provide improvem

complied with the CBES without submit

necessary documentation after notice

could also suspend or cancel profession

Gap #6: the state should investigate par

Recommendation: the state should inv

further ensure large projects are compli

fact, the District Environmental Commis

capability and development plan, inclu

using the best available technology for e

Outreach

Energy codes have come a long way, bu

consumers and some policymakers. M

uneducated about energy code requi

jurisdictions can undertake to raise aw

implementation, and identify opportun

diversity of the energy codes communit

improve understanding of code changes

States Role in Promoting Codes

Currently, the state has a very Aristoteli

with very little follow through or s

implementation, and compliance occur

oversight difficult. If the state had an in

adoption, Vermont would see vast imp

their citizens and decreased electrical a

meet the states RGGI targets, among ot

xxix

The law created nine District Environmencriteria that are designed to safeguard the exxx

Scope of Act 250: development projects

permanent zoning and subdivision bylaws; h

for construction proposed above 2,500 feet

ont Gap Analysis

ant to note that while the CBES does not require i

ns related to the Land and Development Act xxix, kn

rcial and residential projectsxxx

.

to ensure commercial contractors are filing the

nt of Public Service.

ent notices to contractors letting them know t

ting the certificate.Prosecute or fine builders who

has been sent. If Vermont had a licensing infrast

l licenses.

nerships with bodies of government that have simi

stigate partnerships with the Act 250 Environment

ant with the CBES. The energy code is in line with

sion reviews energy as part of the ninth criteria,

ing, for instance, limiting development on primar

nergy efficiency, and using cluster planning in rural

there are still many people unaware of their benef

any code officials and building and design prof

rements. Outreach involves all of the activities

areness of the need for energy codes, promote t

ities for training, technical assistance, and other s

y across the country, execution of strategic outre

, create buy-in, and can lead to greater levels of co

n approach to energy codes; the codes are adopte

upportive infrastructure for high-quality enforc

over several agencies and departments of agenci

rastructure that supported the energy code and s

rovements in compliance, which ultimately mean

nd natural gas demand that may help reduce air p

her climate initiatives.

tal Commissions to review large-scale development projnvironment, community life, and aesthetic character of t

ust exceed 10 acres, or more than 1 acre for towns that

ousing project s with more than 10 housing units or lots;

of elevation.

27

spections by code

own locally as Act

Energy Efficiency

ey have not fully

do not submit the

ructure, the state

lar goals.

al Commissions to

oals of Act 250. In

ill conform to the

agricultural soils,

growth areas.

its, including most

essionals are also

states and local

heir adoption and

upport. Given the

ch campaigns can

pliance.

d at the state level

ement. Adoption,

es, making central

w it through after

money saved for

ollution and help t

ects using 10he state.

do not have

and may also apply


28/49

Ver

The building community is expected t

Several builders have the opinion that

statewide enforcement. One builder

feeling is that without a statewide buil

The DPS, with the help of DOE, has

buildings are under the scope of both th

Guidelines For Energy Efficient Comm

Handbook. The commercial handbook h

Gap #7: lack of training and materials fo

Recommendation: the state currently

RBES; however, sustained training op

communitys understanding of the requi

Gap #8: more collaboration across statadoption, implementation, and enforce

Recommendation: the energy code has

also decreasing harmful emissions. Th

made a collaborative effort across the st

Gap #9: Vermont state government sh

one state agency and, if possible, one d

Recommendation: one agency should b

Local Governments Role in Promot

In many states, the local governments

Efforts at the local level support the im

the repository of the RBES and Energy

regards to the energy code. In speaking

resources to support the energy code. I

code.

Gap #10: local jurisdictions are in need

Recommendation: Vermont Depar