Section 553.992, Part XI, F.S., requires the Department of Community Affairs (the Department) to update the Building Energy-Efficiency Rating System in accordance with the procedures of Chapter 120, F.S. Section 553.995(2), F.S., requires the BERS ...

 

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Housing and Community Development

RULE NO: RULE TITLE
9B-60: FLORIDA BUILDING ENERGY RATING SYSTEM
9B-60.002: Definitions
9B-60.003: Department Activities
9B-60.004: Florida Building Energy Rating System, Adopted
9B-60.005: Training and Certification Program
9B-60.007: Florida Building Energy Rating System, Existing Public Buildings
9B-60.008: Guidelines for Uniformity, Adopted
PURPOSE AND EFFECT: Section 553.992, Part XI, F.S., requires the Department of Community Affairs (the Department) to update the Building Energy-Efficiency Rating System in accordance with the procedures of Chapter 120, F.S. Section 553.995(2), F.S., requires the BERS program to be compatible with standard federal rating systems and state building codes and standards, where applicable. The proposed rule changes coincide with changes made to the national standard governing home energy rating systems. Updating to this standard allows Florida to maintain its accreditation with the National Association of State Energy Officials (NASEO), which has positioned itself to provide certifications for buildings whose owners wish to claim federal tax credits from the Internal Revenue Service.
Although the effect of upgrading to a new computer program initially causes a divergence between the BERS program and Florida’s energy code, both the energy code and the BERS rating reports provide information required by Section 553.902, F.S.: levels of insulation, the amount and type of glass, and the HVAC and water heating system efficiencies. Efforts to ameliorate this divergence in compliance tools include a translation program to take code compliance files and transfer the information to the BERS program, and a proposal to upgrade the energy code to the EnergyGauge USA program during the 2007 code update cycle. The EPL Display Card referenced in Section 553.9085, F.S., currently utilizes an Estimated Energy Performance Score, which mimics the current Class 3 BERS rating. This “score” will be maintained until the code is changed.
The revised standard proposed as a change to Rule 9B-60.008, F.A.C., the 2006 Mortgage Industry National Home Energy Rating Systems Standards (HERS), amended November 7, 2005, requires the following additional changes to the program. These changes are reflected in the proposed revisions to Chapter 9B-60, F.A.C.:
The HERS Score is changed to a HERS Index with the Reference Standard for a home becoming a ratio when compared to the Design home.
The ratings will no longer be based on the Florida energy code because the computer program used to calculate energy code compliance is not capable of meeting the new National HERS Standards. Rather, the program will utilize the EnergyGauge USA program, which meets the new Standards.
Class 1 raters will be required by the Standards to pass the RESNET National Core Exam. Recertification of raters will no longer require peer review and reevaluation.
Reporting of ratings will be via website upload.
A Form 300 request was made during the Rule Development process to clarify that sampling is not an acceptable rating procedure in Florida, which is incorporated into subsection 9B-60.004(2), F.A.C.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 553.992, 553.994, 553.998 FS.
LAW IMPLEMENTED: 553.992, 553.995, 553.995(1), (1)(c), (4), 553.996 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: November 8, 2006, 9:30 a.m.
PLACE: Randall Kelly Training Room, Third Floor, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100
Any person requiring special accommodations at the workshop because of a disability or physical impairment should contact: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, [phone], at least seven days before the date of the workshop. If you are hearing or speech impaired, please contact the Department of Community Affairs using the Florida Dual Party Relay System, which can be reached at 1(800)955-8770 (voice) or 1(800)955-8771 (TDD).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ann Stanton, Building Codes Analyst, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone], SunCom 278-0964

THE FULL TEXT OF THE PROPOSED RULE IS:

9B-60.002 Definitions.

For the purpose of this chapter, the following words, unless the context does not permit such meaning, shall have the meanings indicated:

(1) through (19) No change.

(20) HERS Rating – An audit and computer-generated performance evaluation of a home conducted in accordance with Rule 9B-60.004, F.A.C., of this chapter and resulting in a HERS Index Score.

(21) HERS Index Score – The numerical rating for a home with a value between 0 and 100 where a value of 0 100 indicates that the home uses no purchased energy for heating, cooling, and hot water, lighting and appliances, and a value of 100 80 indicates that the home has the same energy use for heating, cooling, and hot water, lighting and appliances as the Reference Home reference home established by the 2006 Mortgage Industry National Home Energy Rating Systems Accreditation Standards.

Specific Authority 553.992 FS. Law Implemented 553.992, 553.995 FS. History–New 7-1-94, Amended 1-11-95, 12-27-98, 11-28-04,                     _________.

 

9B-60.003 Department Activities.

(1) No change.

(2) Within three (3) years of the date of adoption of the rating system, and at least triennially thereafter in conjunction with the triennial review of Chapter 13 of the Florida Building Code, Building (the Code), the Department shall review the energy rating system program criteria and the calculation tools used in common by both the BERS and the Code that are adopted herein to determine the need for revision or modification. The residential rating system methodology is based on Method A of Sub-Chapter 6 of Chapter 13 of the Code, while the commercial rating system methodology is based on Method A of Sub-Chapter 4 of the Code. At a minimum, the Department shall update the rating system by adopting modifications to the current editions of the Code and Attachment 1 to the 2006 Mortgage Industry National Home Energy Rating Systems Accreditation Standards (the National Home Energy Rating Technical Guidelines) promulgated by the Residential Energy Services Network and the National Association of State Energy Officials. Copies of the 2006 Mortgage Industry National Home Energy Rating Systems Standards Code and the National Home Energy Rating Technical Guidelines are available at the website http://www.resnet.us/standards/RESNETStandards‑2006.pdf or from the Florida Department of Community Affairs, Building Codes and Standards Office, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone].

(3) Any person may submit recommendations for proposed revisions or modifications to the rating system to the Department for consideration. Such proposed revisions and modifications shall be submitted in writing on Department of Community Affairs’ Form #300, incorporated herein by reference, effective July 1, 1994. Copies of this form are available by writing to the Department of Community Affairs, Building Energy Rating System Program, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Such proposals shall include the date of submittal, an identification of the submitter, identification of the section of the rating system to be revised, the new proposed language, a justification or reason for the change, and anticipated financial impacts of the change. The Department shall conduct a public hearing(s) in accordance with the requirements of Chapter 120, F.S.

(4) The Department shall develop, maintain and make available, at no cost to the prospective purchaser, a Building Energy Rating System disclosure information brochure to be provided to the prospective purchaser.

Specific Authority 553.992, 553.998 FS. Law Implemented 553.992, 553.996 FS. History–New 7-1-94, Amended 12-27-98, 11-28-04,_________.

 

9B-60.004 Florida Building Energy Rating System, Adopted.

(1) No change.

(2) The home energy rating (HERS rating) for residential buildings shall be determined using only EnergyGuage® USA, version 2.5. the Florida Residential Building Energy Rating System software (EnergyGauge/ResFREE, Version 3), which produces the Florida Building Energy Rating Guide forms: Form #11A-01 for the North climate zone, Form #11B-01 for the Central climate zone, and Form #11C-01 for the South climate. The rating system software (EnergyGauge/ResFree, Version 3) that produces these forms is hereby incorporated by reference. Confirmed HERS ratings shall be specific to one residence; sampling is not an acceptable procedure for ratings in Florida. Air distribution system testing for Class 1 ratings shall be performed in accordance with Annex B and Annex C of BSR/ASHRAE Standard 152-04, “Method of Test for Determining the Design and Seasonal Efficiency of Residential Thermal Distribution Systems.” A Class 3 rating shall be clearly labeled as a “projected rating based on plans.”

(3) No change.

(4) The energy rating for public and commercial buildings shall be determined using only the Florida Commercial Building Energy Rating System software (EnergyGauge/ComFREE, Version 2 1) which produces the Florida Building Energy Rating Guide forms: Form #12A-01 for the North climate zone, Form #12B-01 for the Central climate zone and Form #12C-01 for the South climate zone. The Florida Commercial Building Energy Rating System software (EnergyGauge/ComFREE, Version 2 1) is hereby incorporated by reference. Public buildings owned or leased by state agencies and units of local government that are governed by Section 255.254, F.S., may utilize this rating system as one of the annual energy usage and cost by methods approved by those agencies.

(5) No change.

Specific Authority 553.992 FS. Law Implemented 553.994, 553.995(1) FS. History–New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04,__________.

 

9B-60.005 Training and Certification Program.

(1) General Provisions.

(a) Beginning with the implementation date of this rule, no person may provide a rating for buildings in Florida unless such a person has been certified as provided by this part. To perform a rating for any building as required by this rule, the person performing the rating must be certified by the Department of Community Affairs. In accordance with Section 102.1.3.6 of the 2006 Mortgage Industry National Home Energy Rating Systems Standards, Chapter 1, Section 4.C.6 of the “National Accreditation Procedures for Home Energy Rating Systems,” a Florida Certified Rater who has a financial or other interest resulting from the energy Rating results (including any recommended improvements resulting from the Rating) shall provide written disclosure of the nature of the financial or other interest to the owner of the property being rated utilizing Form 11D-01, Interest Disclosure Form.

(b) Certification will be valid for one (1) year following the date of issuance. No rating activity shall be conducted after the expiration of the term of certification. A duplicate certificate may be obtained by written request to the Department.

(c) An application for annual certification renewal shall be submitted on Form 500B-01, herein incorporated by reference, with a renewal fee of $50. In addition to the annual renewal fee, a certified residential rater must, over a three year period, have completed twelve credit hours of continuing education in courses accepted by the Department for certification renewal. Acceptable courses shall, in general, be those dealing with energy use in buildings and building systems (including heating, ventilating and air conditioning), building design or construction, codes or plan review, financing or selling buildings, and courses on energy rating systems.

(2) The following qualifications, at a minimum, are required for certification as a rater:

(a) The individual shall submit an application on the Department of Community Affairs Form #500A-01, herein incorporated by reference, and pay the appropriate application fee of $150.00. The form is available by writing to the Department of Community Affairs, Energy Rating System Program, 2555 Shumard Oak Blvd, Tallahassee, Florida 32399-2100.

(b) Individuals applying for certification as raters for new residential (Class 3), public and commercial buildings shall attend a training program provided by the Department or its designee and shall demonstrate achievement of a level of knowledge and proficiency so as to successfully rate buildings by passing Department tests specific to the type of building rated for certification. Individuals may also qualify for Class 3 certification without attending the Class 3 training program by passing a Class 3 challenge test. Individuals applying for certification as Class 2 raters for residential buildings, in addition to the above certification requirements, shall attend a Class 2 training program provided by the Department and shall demonstrate achievement of a level of knowledge and proficiency so as to successfully perform residential energy audits to rate existing residential buildings by passing a Department test specific to Class 2 certification. Individuals may also qualify for Class 2 certification without attending the Class 2 training program by passing a Class 2 challenge test. Individuals applying for certification as Class 1 raters for residential buildings shall demonstrate having the same stated requirements as Class 2 raters, shall attend a Class 1 training program provided by the Department and shall demonstrate achievement of a level of knowledge and proficiency so as to successfully perform residential performance tests by passing a Department test specific to Class 1 certification. Individuals may also qualify for Class 1 certification without attending the Class 1 training program by passing a Class 1 challenge test. In addition, a Class 1 rater candidate must complete five Class 1 ratings under the supervision of a certified Class 1 rater in order to obtain a Class 1 certification as well as pass the RESNET National Core Exam. Individuals applying for certification as raters of existing commercial buildings, in addition to the requirements stated above for new commercial buildings, shall demonstrate certification as an energy auditor from a recognized commercial energy auditing program or have at least one year of experience performing a minimum of fifteen commercial energy audits.

(c) The rates for providing building ratings shall be as follows: for Class 3 new residential building ratings, $25.00 above those charges for providing Energy Code compliance calculations, or no more than the actual cost of conducting the rating, whichever is greater; for Class 2 residential building ratings, $75.00 above those charges for providing the energy audit, or no more than the actual cost of conducting the rating, whichever is greater; for Class 1 residential building ratings, $125.00 above those charges for providing the energy audit and performance tests, or no more than the actual cost of conducting the rating, whichever is greater; for new public and new commercial buildings which must comply with the Energy Code, $50.00 above those charges for providing Energy Code compliance calculations, or no more than the actual cost of conducting the rating, whichever is greater; for those new public buildings which are exempt from Energy Code compliance, $200.00 may be charged, or no more than the actual cost of conducting the rating whichever is greater; and for existing commercial buildings, $100.00 above those charges for performing the energy audit, or no more than the actual cost of conducting the rating, whichever is greater.

(d) No certification shall be approved unless the applicant demonstrates to the Department that the following conditions are met: the applicant has not been found to be in violation of Part XI, Chapter 553, F.S., or this rule chapter; the applicant has filed an accurate and complete application with the application fee describing compliance with the relevant certification requirements; the applicant is capable of performing the activities for which he/she is seeking certification; the applicant has not shown a lack of ability or intention to comply with Part XI, Chapter 553, F.S., or this rule chapter, or has not been unable or unwilling to conduct Energy Code compliance related activities forthrightly and honestly with his/her clients. Decertification shall be in accordance with procedures for revoking licenses of Chapter 120, F.S.

(e) Recertification is required within six months of the effective date of major revisions to Chapter 13 of the Florida Building Code, Building, or at least every three years from the rater's last date of certification. For recertification, the applicant shall attend training on changes impacting the rating system provided by the Department of Community Affairs and demonstrate achievement of a level of knowledge and proficiency so as to successfully rate buildings by passing a Department test applicable to the buildings being rated. The fee for recertification shall be the annual certification renewal fee. In addition to the written test, Class 1 residential raters shall be required to satisfactorily demonstrate performance testing skills necessary to perform a Class 1 rating as part of the recertification as well as at the time of training and testing. Class 1 residential raters shall be required to satisfactorily perform and complete one Class 1 rating, accompanied and evaluated by another randomly chosen Class 1 rater, as a requirement for recertification and to comply with Attachment 1 of the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems (the National Home Energy Rating Technical Guidelines) requirement for periodic peer review and reevaluation of raters. Class 1 raters shall also be required to serve as a Class 1 peer evaluator at least once within three years before being recertified. These regulations in no way exempt any person from other state and local occupational licensure requirements. Any rater who fails to pass the recertification test in his or her rating classification shall be required to attend a refresher course approved by the Department of Community Affairs and retake the test. Until the rater can demonstrate his/her ability to perform ratings in his/her classification, registration of ratings by the rater shall be prohibited.

(3) Reporting Requirements. Certified raters shall submit all ratings to the Department in care of the Florida Solar Energy Center, 1679 Clearlake Road, Cocoa, FL 32920 via the website upload at: http://dbase.fsec.ucf.edu/pls/enguage/rating home. in electronic format, either via electronic mail (e-mail) or on 3 1/2 " diskette.

(a) The Florida Solar Energy Center shall maintain an electronic database that can be queried by the public to verify that a BERS Rating has been registered for a specific real property.

(b) Upon request and if authorized by the homeowner or his/her agent, the Florida Solar Energy Center may provide a registered BERS Rating report from the electronic database to a homeowner, or prospective home purchaser, for a fee.

(4) A written report shall be provided to the purchaser of real property or that individual who requested the rating. Such report shall include the Florida Building Energy Rating report and the following:

(a) A completed copy of the Florida Building Energy Rating Guide (Form #11-01 or Form #12-01);

(b) The certified rater’s signature, typed or printed name and certification number;

(c) The date that the rating was completed;

(d) The statement: “This notice is provided to you by an individual certified by the Florida Department of Community Affairs to perform a building energy rating evaluation. Any questions, comments, or complaints regarding the person or agency performing this service may be directed to the Florida Department of Community Affairs, Building Energy Rating System Program, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone], or the Florida Solar Energy Center, 1679 Clearlake Road, Cocoa, FL 32920. The Department or the Florida Solar Energy Center may request the owner’s permission in the future to conduct a quality assurance review of this rating;” and

(e) The disclosure form printed from EnergyGuage® USA, version 2.5 the EnergyGaugeRes/Free program (Form No. 11D-01).

Specific Authority 553.992 FS. Law Implemented 553.995(4) FS. History–New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04,_________.

 

9B-60.007 Florida Building Energy Rating System, Existing Public Buildings.

(1) through (2) No change.

(3) The energy rating for existing public buildings shall be determined using the Florida Commercial Building Energy Rating System software (EnergyGauge/ComFREE 97, Version 2.2) in accordance with Rule 9B-60.004, F.A.C. Public buildings owned or leased by state agencies and units of local government governed by Section 255.254, F.S., may utilize this rating system as one of the annual energy usage and cost methods approved by those agencies.

(4) No change.

Specific Authority 553.992 FS. Law Implemented 553.991, 553.993, 553.994, 553.995, 553.997, 553.998 FS. History–New 7-21-94, Amended 12-27-98,_________.

 

9B-60.008 RESNET Standards Guidelines for Uniformity, Adopted.

The 2006 Mortgage Industry National Home Energy Rating Systems Accreditation Standards, amended November 7, 2005, promulgated by the Residential Energy Services Network (RESNET) and the National Association of State Energy Officials, June 15, 2002, are adopted and incorporated by reference as the rule of this Department.

Specific Authority 553.992 FS. Law Implemented 553.995(1)(c) FS. History–New 12-27-98, Amended 11-28-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ann Stanton, Building Codes Analyst, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone], SunCom 278-0964
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ila Jones, Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 22, 2006