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Brentwood City Commission Agenda
Meeting Date: 07/23/2018  
Ordinance 2018-14 An Ordinance Amending Chapter 14, Article III of the Municipal Code regarding adoption of the 2012 International Energy Conservation Code
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Ordinance 2018-14 Amends Chapter 14, Article III -- "Buildings and Building Regulations" of the Municipal Code by adopting the 2012 edition of the International Energy Conservation Code (IECC), and with local amendments, published by the International Code Council (ICC). 
Background
The attached ordinance provides for the adoption of the  2012 edition of the International Energy Conservation Code (IECC), published by the International Codes Council (ICC), with local amendments to Chapter 14 of the Municipal Code.  The City currently enforces the 2012 ICC Codes, except for the 2009 IECC, the 2008 National Electrical Code (NEC), the 2012 NFPA 1 and 101 Codes and the 2010 ADA Standards for Accessible Design.   

As part of Ordinance 2012-14 (November 26, 2012) the Board of Commissioners adopted the 2009 IECC  instead of the newer 2012 version because of concerns about the lack of a competitive market for the selection of products and materials that would be required to achieve compliance with the 2012 energy code.  The 2009 IECC minimum standards were 15% more stringent regarding construction design/energy efficiency requirements than the 2006 code. The 2012 IECC provides an additional 15% energy benefit over the 2009 IECC. It also increases the cost of construction.

Periodically, the City adopts updated building and associated codes that incorporate the latest code standards and advances in construction standards. The FY 2019 non-routine work plan for the Planning and Codes Department includes the adoption of the 2018 version of the other ICC Codes, except for the IECC.  This is scheduled for early calendar year 2019. 

The reason for the adoption of the 2012 IECC now is the result of guidelines established by the State of Tennessee requiring jurisdictions to be within seven years of the most recently published code. With the recent release of the 2018 Codes, the City of Brentwood must update to a minimum of the 2012 IECC. The State is requiring the City adopt the newer version of the IECC as soon as possible. Staff at the State of Tennessee Fire Marshal's office has been advised that the City is moving forward with the adoption of the 2012 IECC.  

At this time, the State Fire Marshal’s Office is enforcing the 2012 IECC for commercial construction and the 2006 IECC for residential construction. Staff recommends adoption of the 2012 IECC for both residential and commercial construction with amendments to the testing requirements for residential construction.   

Proposed Local Amendments

The State allows modifications to the 2012 IECC for residential construction. The attached ordinance proposes two local amendments to the IECC to be added to Section 14-68, which follow.  
 
Section R402.4.1.2 - Building Envelope Testing: “The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding 5 air exchanges per hour in Climate Zone 4A - City of Brentwood, Tennessee
 
Current testing requirements found in the 2009 IECC require not more than seven (7) air exchanges per hour. The 2012 IECC requires not more than three (3) air exchanges per hour for climate zone 4A (Williamson County). Current testing results on new single-family structures is averaging five (5) exchanges per hour. At the last Builder’s Meeting, which was conducted on May 16, 2018, those in attendance were informed that five (5) air exchanges per hour would be enforced until the State of Tennessee requires a more stringent testing requirement, and/or the State of Tennessee adopts a more current IECC publication for residential construction.
     
Section R403.2.2 - Mechanical Duct, Air Handler, and Filter Box tightness shall be verified by either of the following: Post construction test with total leakage less than or equal to 6 cfm per 100 square feet of conditioned floor area OR rough-in test with total leakage less than or equal to 5 cfm.

Post construction testing requirements found in the 2009 IECC requires the leakage to be less than or equal to 8 Cubic Feet per Minute (cfm) per 100 square feet of conditioned floor space. The 2012 IECC requires 4 cfm.  Current post construction testing results is averaging 6 cfm.  At the Builder’s Meeting those in attendance were also informed  that the 6 cfm  standard would be enforced until the State of Tennessee requires a more stringent testing requirement, and/or the State of Tennessee adopts a more current IECC publication for residential construction. Section R403.2.2 also provides a Rough-In Testing option for Mechanical Duct Tightness-Leakage.  (Most testing reports provided to the Planning and Codes office occur at the post-construction stage).

Implementation Date - If the ordinance is approved on final reading, the effective date for the new codes will be September 1, 2018.  All construction plans submitted for staff review after that date would be required to comply with the new Codes.  

The adoption of the 2012 IECC and amendments will bring the City into compliance with State guidelines. For future energy code adoptions by the City, local adoption should occur when the State Fire Marshal’s office adopts an updated IECC  publication. Adoption of the updated codes is also essential for preserving the City's Insurance Service Office (ISO) residential and commercial structure ratings (Class PL4 – Residential and Class CL3 – Commercial).

The proposed ordinance will be considered on first reading on July 23, 2018.  Second and final reading of the ordinance will  occur on August 13, 2018.  The proposed changes do not involve changes to the Zoning Ordinance, therefore, a Planning Commission review and recommendation is not required.  

Should you have any questions, or require additional information, please feel free to contact the Chief Building Official or the Planning and Codes Director.  
Staff Recommendation
Staff recommends approval of Ordinance 2018-14 on first reading. 
Previous Commission Action
On November 26, 2012 the Board of Commissioners approved Ordinance 2012-14, which adopted the 2009 IECC among other amendments to the building code. 

Fiscal Impact
Amount :
Source of Funds:
Account Number:
Fiscal Impact:
Adoption of the 2012 IECC Code does not alter the existing permit fee schedule.
 
Amount :
Source of Funds:
Account Number:
Fiscal Impact:
The adoption of Ordinance 2018-14 will have no fiscal impact, as changes to the permit fees are not proposed as part of the ordinance amendments.  
Attachments
Ord 2018-14 IECC
Summary of Proposed Changes
Letter from the State
Adjacent Jurisdictions -- Code Comparison

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