Energy Code for New Federal Commercial and Multi-Family High Rise Residential Buildings

Federal RegisterAug 6, 1996

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SUMMARY: The Department of Energy today proposes a rule that would

establish building energy efficiency standards for new Federal

commercial and multi-family high rise residential buildings pursuant to

the requirements of the Energy Conservation and Production Act. The

proposed rule would revise the current interim Federal standards to

conform generally with the format of the current voluntary building

energy codes. The proposed rule would incorporate changes from the

interim rule in the areas of lighting, mechanical ventilation, motors,

building envelopes, and fenestration rating procedures, and test

procedures for heating and cooling equipment.

DATES: Written comments on the proposed rule (10 copies) must be

received by the Department by 4 p.m. on or before November 4, 1996. A

public hearing will be held on September 4, 1996, beginning at 9 a.m.

at the address listed below. Requests to speak must be received by the

Department by 4 p.m. on or before August 28, 1996. Ten copies of the

statement to be given at the public hearing must be received by the

Department by 4 p.m. August 29, 1996.

ADDRESSES: Address written comments, requests for copies of the

technical support documents and oral statements, requests to speak at

the hearing, and requests for speaker lists to: Energy Code for Federal

Commercial Buildings, Docket No. EE-RM-79-112-C, Buildings Division,

EE-431, Office of Codes and Standards, U.S. Department of Energy, Room

1J-018, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202)

586-7574. FAX comments will not be accepted. The public hearing will be

held at the U.S. Department of Energy, Forrestal Building, Room 1E-245,

1000 Independence Avenue SW., Washington, DC 20585-0121. Copies of the

transcript of the public hearing and public comments received may be

read at the DOE Freedom of Information Reading Room, U.S. Department of

Energy, Forrestal Building, Room 1E-190, 1000 Independence Avenue SW.,

Washington, DC 20585-0121, (202) 586-6020, between the hours of 9 a.m.

and 4 p.m., except Federal holidays.

For more information concerning public participation see Section

VIII, Public Comment Procedures.

FOR FURTHER INFORMATION CONTACT:

Ronald B. Majette, Buildings Division, EE-432, Office of Codes and

Standards, U.S. Department of Energy, Room 1J-018, 1000 Independence

Avenue, SW., Washington, DC 20585-0121, Tel: 202-586-0517

Francine B. Pinto, Esq., Office of General Counsel, GC-72, U.S.

Department of Energy, Room 6E-042, 1000 Independence Avenue, SW.,

Washington, DC 20585-0103, Tel: 202-586-7432

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Authority

B. Background

II. Description of the Proposed Rule

A. General

B. Format and Structure of the Proposed Rule

C. Comparison of the Proposed Rule with the Interim Standard

D. Comparison of Codified Version of Standard 90.1-1989 to the

Proposed Rule and Comparison Between Standard 90.1-1989 Addenda and

the Proposed Rule

E. Explanation of Differences between the Proposed Rule and the

Statutory Baseline

III. Consultation

IV. Energy Impacts

V. Technological Feasibility and Economic Justification

VI. Measures Concerning Radon and Other Indoor Air Pollutants

VII. Findings and Certification

A. Federalism Review

B. Review Under Executive Order on Promulgating Regulations

12988

C. Regulatory Planning and Review

D. Review Under the Regulatory Flexibility Act

E. Review Under the National Environmental Policy Act

F. Environmental Protection Agency Review

G. Paperwork Reduction Act Review

H. Unfunded Mandates Reform Act Review

I. Review Under Section 32 of the Federal Energy Administration

Authorization Act

VIII. Public Comment Procedures

A. Participation in Rulemaking

B. Written Comment Procedures

C. Public Hearing Procedures

I. Introduction

A. Authority

Section 305(a) of the Energy Conservation and Production Act

(ECPA), as amended, 42 U.S.C. 6834(a), requires DOE to establish by

rule Federal building energy standards for new Federal buildings. In

developing this proposed rule, DOE is directed to consult with other

federal agencies as well as private and state associations and other

appropriate persons.

The proposed rule must contain energy saving and renewable energy

specifications that meet or exceed the energy saving and renewable

energy specifications of the American Society of Heating, Refrigerating

and Air-Conditioning Engineers, Inc. (ASHRAE)/Illuminating Engineering

Society of North America (IES) Standard 90.1-1989 (Standard 90.1-1989)

for commercial buildings and of the Model Energy Code (MEC), 1992, for

residential buildings. MEC 1992 exempts multi-family high-rise

residential buildings (over three stories in height above ground) which

comply with Standard 90.1-1989. As a result, Standard 90.1-1989 is the

applicable standard under Section 305 of ECPA for high-rise residential

buildings.

Section 305(a) requires that the standards contain energy

efficiency measures that are technologically feasible and economically

justified. Since ECPA, as amended, establishes that the new standards

meet, at a minimum, the requirements of Standard 90.1-1989,

technological feasibility and economic justification need not be

established for these minimum requirements. DOE is interpreting this

minimum requirement to include those addenda to Standard 90.1-1989

which were in effect at the time the Energy Policy Act of 1992 (EPACT),

which amended ECPA, was enacted. Since these addenda were part of

Standard 90.1-1989 at the time EPACT was enacted, they are part of the

baseline against which the proposed rule is compared for purposes of

assessing its energy and economic impacts.

Section 305(a)(2)(B) requires that to the extent practicable, the

new federal building energy standards use the same format as the

appropriate voluntary building energy code. The proposed rule would

revise the current interim federal standards to conform generally with

the format and language of the codified version of Standard 90.1-1989.

The addenda to Standard 90.1-1989 included in the proposed rule are

also generally incorporated in their codified form.

Section 305(a)(2)(c) further requires that the proposed rule be

established in consultation with the Environmental Protection Agency

(EPA) and other Federal agencies and, where appropriate, contain

measures with

[[Page 40883]]

regard to radon and other indoor air pollutants.

Section 305(c) states that the standards proposed in today's rule

be reviewed and, if appropriate, updated at not less than five year

intervals.

The standards proposed today are required to become effective no

later than one year after the rule is issued. (See section 305(a)(1)).

Section 305(d) continues in effect the interim energy performance

standards (otherwise known as ``interim rule'' or ``interim

standards'') for new Federal buildings as they existed before the date

of the enactment in 1992 of EPACT until the standards established under

subsection (a) become effective.

Section 306 addresses Federal compliance. Section 306(a) provides

that each Federal agency and the Architect of the Capitol must adopt

procedures to assure that new Federal buildings will meet or exceed the

Federal building energy standards proposed here. Section 306(b) bars

the head of a Federal agency from expending Federal funds for the

construction of a new Federal Building unless the building meets or

exceeds the appropriate Federal building energy standards established

under section 305.

B. Background

On January 30, 1989, the Department issued an interim rule (10 CFR

part 435, subpart A) establishing energy conservation voluntary

performance standards for the design of new commercial and multi-family

high rise residential buildings; these standards are mandatory for

Federal buildings.

The Department's interim standards and Standard 90.1-1989 were

developed in conjunction with one another and contain similar energy

efficiency provisions. ASHRAE and IES are professional engineering

societies which have undertaken the responsibility of sponsoring a

voluntary industry consensus standard for the design of energy

efficient commercial and multi-family high rise buildings.

The Department's interim rule and Standard 90.1-1989 followed a

parallel development track. ASHRAE/IES provided technical expertise

that ensured the practicality of the interim standards and Standard

90.1-1989. DOE contributed technical expertise and research results in

the development of these two standards.

Because Standard 90.1-1989 is written as a standard of professional

practice, it cannot be directly adopted as a building code. The

Department in 1993 requested ASHRAE to assist DOE in producing a

version of Standard 90.1-1989 and its addenda in code format. This

joint effort was undertaken to assist States in responding to Section

304(b) of ECPA and to assist DOE in establishing Federal building

energy efficiency standards. The resulting code, published by ASHRAE/

IES in November 1993 is entitled ``Energy Code for Commercial and High-

Rise Residential Buildings.'' This code has been approved by the

Council of American Building Officials (CABO) as the basis for its MEC

and some of the regional model codes.

Basing the proposed rule on the codified version of Standard 90.1-

1989 ensures that the provisions of today's proposed rule would be

similar to those being adopted by state and local jurisdictions and

widely used in the private sector.

Moreover, ASHRAE/IES periodically modifies their current edition of

their standard through an addenda process. Standard 90.1-1989 is the

current edition of their standard. ASHRAE/IES has adopted six addenda

to Standard 90.1-1989 since it was published in 1989. They are: Addenda

b, c, d, e, g, and i. The proposed rule would include these addenda.

These addenda are described below in II.D, Table 3. The proposed rule

would also include provisions that are substantively the same as those

in Addendum f, which has not been adopted by ASHRAE/IES.

DOE has chosen to publish the proposed rule in its entirety so that

it is assembled in a unified form for easy access. DOE did not choose

to merely publish changes from the codified version of Standard 90.1-

1989 because of the integrated nature of the changes (small and large)

from that codified version. The Department invites comments on whether

Standard 90.1-1989, including appropriate addenda, should be

incorporated Standard 90.1 by reference instead of publishing the rule

in its entirety as DOE proposes today. If DOE were to incorporate

Standard 90.1-1989 by reference, other proposed changes would need to

be published as well.

II. Description of the Proposed Rule

A. General

The standards proposed today specify a minimum level of energy

efficiency for new Federal commercial and high-rise residential

buildings. The proposed rule would revise the current interim Federal

standards to conform generally with the format and language of the

codified version of Standard 90.1-1989. They do not address the design

of residential single family or multi-family low rise buildings,

currently addressed by Subpart C of 10 Part 435. Such buildings will be

addressed in a separate rulemaking.

The current interim standards for Federal commercial and multi-

family high-rise residential buildings are found in Subpart A of 10 CFR

Part 435. For clarity and ease of use, the Department is proposing to

remove Subparts A and B of Part 435 and add a new Part 434, to contain

the building energy efficiency standards for new Federal commercial and

multi-family high-rise residential buildings.

Today's proposal contains substantive changes from the interim

standard in the areas of lighting, mechanical ventilation, motors,

building envelopes, fenestration rating procedures, and heating and

cooling test procedures. It includes those addenda which were in effect

at the time EPACT was enacted (Addendum 90.1b revising service water

heating criteria and updating miscellaneous references to other

standards, Addendum 90.1d addressing lighting controls, and Addendum

90.1e updating ventilation requirements).

The proposed rule also includes several addenda adopted by ASHRAE

and IES after EPACT was enacted. These include Addenda g, i, and c,

addressing building envelopes, heating and cooling equipment test

procedures, and motor efficiency, respectively. DOE would also include

provisions concerning procedures for calculating fenestration ratings.

As previously mentioned, these provisions are substantively the same as

Addendum f, now pending consideration by ASHRAE and IES.

The lighting standards in today's proposed rule would differ from

both the interim standards and Standard 90.1-1989. The updated lighting

provisions are more stringent than Standard 90.1-1989 and reflect new

information concerning energy requirements needed to achieve adequate

lighting levels.

The proposed rule would provide minimum standards of energy

efficiency levels to be required in each new federal commercial and

high-rise residential building. The individual specifications for

lighting, HVAC, envelope, and other aspects of buildings found in

subpart D of the proposed rule determine the minimum level of energy

efficiency required for a particular building. This ``prescriptive

path'' provides a simple means of ensuring design specifications that

meet the proposed code.

Flexibility is a key feature of the proposed code. While some of

the specific design requirements of subpart D apply in all cases, this

proposed rule provides for flexibility in many other areas if building

designers can show that the overall building energy use or

[[Page 40884]]

energy cost compares favorably to the baseline energy use or energy

cost based on subpart D of the proposed rule. Tradeoffs among systems

and among building shell components can be made using the DOE version

of the Lighting Standard (LTGSTD) and Envelope Standard software

(ENVSTD), respectively. Building-wide trade-offs among energy

efficiency features or the inclusion of entirely new efficiency

features, including passive and active renewable features, can be made

as well. Subpart E allows building-wide flexibility as long as the net

result equals or reduces energy costs. Subpart F allows these trades to

be made if predicted total building energy use is below that expected

using the ``prescriptive path.'' These alternative paths are especially

valuable as a means for building designers to take full advantage of

the energy savings potential of new technologies. The computer software

referenced above will be included as part of the Technical Support

Document.

B. Format and Structure of the Proposed Rule

ASHRAE and IES have published Standard 90.1-1989 in a code format

that does not differ in any significant technical or substantive

respect from the standard itself. DOE has based the proposed rule on

this codified version of Standard 90.1-1989, published by ASHRAE and

IES in 1993, by adopting verbatim significant portions of it. Section

II(E) of this notice discusses the substantive differences between the

proposed rule and the statutory baseline.

The codified version is expected to be widely used by state and

local code making bodies as they update their codes. The designers and

builders of Federal buildings, who also design and construct State and

private sector buildings, will be familiar with the requirements of the

codified version, their importance, and how to meet them. Therefore,

the consistency of the proposed rule with industry-wide practices would

facilitate implementation by federal agencies of the final rule.

Copies of the ASHRAE Energy Code and ASHRAE/IES Standard 90.1-1989

may be purchased from ASHRAE, 1791 Tullie Circle, NE., Atlanta, GA

30329 (1-800-5-ASHRAE).

C. Comparison of the Proposed Rule With the Interim Standard

The design and construction of new commercial and multi-family

high-rise residential federal buildings is currently governed by

interim energy efficiency standards issued in 1989. Table 1 provides a

``cross-walk'' from the elements of the current interim federal

commercial and multi-family high-rise residential building standard to

the proposed rule to facilitate a comparison between the two standards.

Column 1 of the table lists all of the sections of the interim standard

and column 2 lists the location of sections within the proposed rule

which include or refer to the same topic.

Table 1.--Subject Cross-Walk Between the Current Interim Federal

Commercial and Multi-Family High Rise Standard and the Proposed Federal

Rule

------------------------------------------------------------------------

Interim standards Proposed rule

------------------------------------------------------------------------

435.97 Purpose and 435.98 Scope....... 434.100 Administration and

Enforcement.

435.99 General Definitions and 434.200 Definitions.

Acronyms.

435.100 Explanation of numbering 434.99 Explanation of

systems for standards. numbering systems for

standards.

435.101 Implementation and compliance 434.100 Administration and

procedures for Federal agencies. Enforcement--

435.102 Principles of effective energy 434.102 Compliance.

building design.

Not included--Moved to Federal

Users Manual, Performance

standards for New Commercial

and Multi-Family High Rise

Residential Buildings. U.S.

Department of Energy. March

1994.

435.103 Lighting...................... 434.401.3 Lighting Systems and

Equipment.

435.104 Auxiliary Systems and 434.401.3 Lighting Systems &

Equipment.. Equipment.

434.400 Building Design Requirements.. 434.403 Building Mechanical

Systems and Equipment.

434.404 Building Service

Systems and Equipment.

435.105 Building Envelope............. 434.402 Building Envelope

Assembles & Materials.

434.300 Design Conditions........... 434.300 Design Conditions.

434.400 Building Design Requirements; 434.402 Building Envelope

402 Building Envelope Assemblies & Assembles & Materials.

Materials.

435.106 Electric Power and 434.401 Electric Systems and

Distribution. Equipment.

435.107 Heating Ventilation and Air- 434.403 Building Mechanical

Conditioning (HVAC) Systems. Systems and Equipment.

434.400 Building Design Requirements; 434.403 Building Mechanical

403 Building Mechanical Systems and Systems and Equipment.

Equipment.

435.108 Heating ventilation and air- 434.403 Building Mechanical

conditioning (HVAC) equipment. Systems and Equipment.

435.109 Service water heating systems. 434.404 Building Service

Systems & Equipment.

434.400 Building Design Requirements.. 434.403 Building Mechanical

Systems and Equipment.

435.110 Energy management............. 434.403 Building Service

Systems and Equipment.

435.111 Building energy cost 434.102 Compliance.

compliance alternative.

434.500 Building energy cost

compliance alternative.

435.112 Building energy compliance 434.102 Compliance.

alternative.

434.600 Building energy

Compliance Alternative.

434.700 Reference Standard.

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[[Page 40885]]

D. Comparison of Codified Version of Standard 90.1-1989 to the Proposed

Rule and Comparison Between Standard 90.1-1989 Addenda and the Proposed

Rule

This section provides a ``cross-walk'' between the proposed rule

and the codified version of Standard 90.1-1989 as well as a ``cross-

walk'' between the proposed rule and Standard 90.1-1989 Addenda. The

codified version published November 1993, includes all of the addenda

adopted by ASHRAE to date in their codified form. Addendum f, dealing

with fenestration, is pending consideration by ASHRAE. As a result, it

is not included in the codified version of Standard 90.1-1989.

Table 2.--Subject Cross Walk Between Codified Version of Standard 90.1-

1989 and the Proposed Federal Rule

------------------------------------------------------------------------

Codified 90.1-1989 Proposed rule

------------------------------------------------------------------------

434.99 Explanation of

Numbering System.

CHAPTER 1 ADMINISTRATION AND Subpart A--Administration and

ENFORCEMENT. Enforcement--General

100 General

100.1 Title

100.2 Purpose..................... 434.100 Purpose.

101 Scope............................. 434.101 Scope.

102 Compliance........................ 434.102 Compliance.

103 Referenced Standards.............. 434.103 Reference Standards.

104 Validity.......................... 434.104 Validity.

105 Materials......................... 434.105 Materials and

Equipment.

106 Plans and Specifications.......... 434.106 Plans and

Specifications.

107 Inspections....................... 434.107 Inspections.

CHAPTER 2 DEFINITIONS................. Subpart B--Definitions

201 Definitions....................... 434.201 Definitions.

CHAPTER 3 DESIGN CONDITIONS........... Subpart C--Design Conditions

301 Design Criteria................... 434.301 Design Criteria.

301.1 Exterior Design Conditions.. 301.1 Exterior Design

Conditions.

301.2 Indoor Design Conditions.... 301.2 Indoor Design

Conditions.

CHAPTER 4 BUILDING DESIGN REQUIREMENTS Subpart D--Building Design

Requirements

ELECTRIC SYSTEMS AND EQUIPMENT

401 Electrical Power and Lighting 434.401 Electrical Power and

Systems. Lighting Systems.

401.1 Electrical Distribution 401.1 Electrical

Systems. Distribution Systems.

401.1.1 Check Metering........ 401.1.1 Check Metering.

401.1.2 Electrical Schematic.. 401.1.2 Electrical

Schematic.

401.2 Electric Motors............. 401.2 Electric Motors.

401.2.1 Efficiency............ 401.2.1 Efficiency.

LIGHTING SYSTEMS AND EQUIPMENT

401.3 Lighting Power Allowance.... 401.3 Lighting Power

Allowance.

401.3.1 Building Exteriors.... 401.3.1 Building

Exteriors.

401.3.2 Building Interiors.... 401.3.2 Building

Interiors.

401.3.3 Lighting Power Control 401.3.3 Lighting Power

Credits. Control Credits.

401.3.4 Lighting Controls..... 401.3.4 Lighting

Controls.

401.3.5 Ballasts.............. 401.3.5 Ballasts.

BUILDING ENVELOPES

402 Building Envelope Assemblies and 434.402 Building Envelope

Materials. Assemblies and Materials.

402.1 Calculations and Supporting 402.1 Calculation and

Information. Supporting Information.

402.1.1 Materials Properties.. 402.1.1 Materials

Properties.

402.1.2 Thermal Performance 402.1.2 Thermal

Calculations. Performance Calculations.

402.1.3 Gross Areas of 402.1.3 Gross Areas of

Envelope Components. Envelope Components.

402.2 Air Leakage and Moisture 402.2 Air Leakage and

Migration. Moisture Migration.

402.2.1 Air Leakage........... 402.2.1 Air Barrier

System.

402.2.2 Exterior Envelope 402.2.2 Building

Joints and Penetrations. Envelope.

402.2.3 Moisture Migration.... 402.2.3 Moisture

Mitigation.

402.3 Thermal Performance Criteria 402.3 Thermal Performance

Criteria.

402.3.1 Roofs; Floors and 402.3.1 Roofs; Floors and

Walls Adjacent to Walls Adjacent to

Unconditioned Spaces. Unconditioned Spaces.

402.3.2 Below-Grade Walls and 402.3.2 Below-Grade Walls

Slabs-on-Grade. and Slabs-on-Grade.

402.4 Exterior Walls.............. 402.4 Exterior Walls.

402.4.1 Prescriptive Criteria. 402.4.1 Prescriptive

Criteria.

402.4.2 System Performance 402.4.2 System

Criteria. Performance Criteria.

BUILDING MECHANICAL SYSTEM AND

EQUIPMENT

403 Building Mechanical Systems and 434.403 Building Mechanical

Equipment. Systems and Equipment.

403.1 Mechanical Equipment 403.1 Mechanical Equipment

Efficiency. Efficiency.

403.2 HVAC Systems................ 403.2 HVAC Systems.

403.2.1 Load Calculations..... 403.2.1 Load

Calculations.

403.2.2 Equipment and System 403.2.2 Equipment and

Sizing. System Sizing.

403.2.3 Separate Air 403.2.3 Separate Air

Distribution System. Distribution System.

403.2.4 Ventilation and Fan 403.2.4 Ventilation and

System Design. Fan System Design.

403.2.5 Pumping System Design. 403.2.5 Pumping System

Design.

403.2.6 Temperature and 403.2.6 Temperature and

Humidity Controls. Humidity Controls.

403.2.7 Off-Hour Controls..... 403.2.7 Off-Hour

Controls.

403.2.8 Economizer Controls... 403.2.8 Economizer

Controls.

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403.2.9 Distribution System 403.2.9 Distribution

Construction and Insulation. System Construction and

Insulation.

403.2.10 Completion........... 403.2.10 Completion.

BUILDING SERVICE SYSTEMS AND EQUIPMENT

404 Building Service Systems and 434.404 Building Service

Equipment. Systems and Equipment.

404.1 Service Water Heating 404.1 Service Water Heating

Equipment. Equipment Efficiency.

404.1.1 Testing Electric and 404.1.1 Testing Electric

Oil Storage Water Heaters for and Oil Storage Water

Standby Loss. Heaters for Standby Loss

404.1.2 Unfired Storage Tanks. 404.1.2 Unfired Storage

Tanks.

404.1.3 Storage Volume Symbols 404.1.3 Storage Volume

in Table. Symbols in Table.

404.2 Service Hot Water Piping 404.2 Service Hot Water

Insulation. Piping Insulation.

404.3 Service Water Heating System 404.3 Service Water Heating

Controls. System Controls.

404.4 Water Conservation.......... 404.4 Water Conservation.

404.5 Swimming Pools.............. 404.5 Swimming Pools.

404.6 Combined Service Water 404.6 Combined Service

Heating and Space Heating Water Heating and Space

Equipment. Heating Equipment.

The codified version of Standard 90.1- Subpart E--Building Energy Cost

1989, Section 102, Compliance, Compliance Alternative

incorporates by reference the Building

Energy Cost Compliance Alternative.

434.501 General.

434.502 Determination of the

Annual Energy Cost Budget.

434.503 Prototype Building

Procedure.

434.504 Use of the Prototype

Building to Determine the

Energy Cost Budget.

434.505 Reference Building

Method.

434.506 Use of the Reference

Building to Determine the

Energy Cost Budget.

434.507 Calculation Procedure

and Simulation Tool.

434.508 Determination of the

Design Energy Consumption and

Design Energy Cost.

434.509 Compliance.

434.510 Standard Calculation

Procedure.

434.511 Orientation and Shape.

434.512 Internal Loads.

434.513 Occupancy.

434.514 Lighting.

434.515 Receptacles.

434.516 Building Exterior

Envelope.

434.517 HVAC Systems and

Equipment.

434.518 Service Water Heating.

434.519 Controls.

434.520 Speculative Buildings.

434.521 The Simulation Tool.

The Building Energy Compliance Subpart F--Building Energy

Alternative is not in the codified Compliance Alternative

version.

434.601 General.

434.602 Determination of the

Annual Energy Budget.

434.603 Determination of the

Design Energy Use.

434.604 Compliance.

434.605 Standards Calculation

Procedures.

434.606 Simulation Tool.

434.607 Life Cycle Cost

Analysis Criteria.

CHAPTER 5 REFERENCE STANDARDS......... Subpart G--Reference Standards

501 General........................... 434.701 General.

------------------------------------------------------------------------

As stated earlier, this proposed rule is being published in a

unified and easy access form in lieu of publishing changes from the

codified version of Standard 90.1 due to the integrated nature of the

changes (small and large) from the codified version. In addition, this

unified approach will facilitate the updating of this rule to reflect

new energy efficiency provisions.

DOE worked with the ASHRAE's Standing Standards Project Committee

90.1 and the IES's Energy Management Committee in their development of

addenda to Standard 90.1-1989. Today, the DOE is proposing to include

some of these addenda in its proposed rule. Table 3 provides a subject

cross walk between addenda to Standard 90.1-1989 and the proposed rule.

Table 3.--Subject Cross Walk Between Standard 90.1-1989 Addenda and the

Proposed Federal Rule

------------------------------------------------------------------------

Standard 90.1-1989 Addenda Proposed rule

------------------------------------------------------------------------

Add. a Not promulgated................

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Add. b Revises service water heating Subpart D Building Design

criteria and updates miscellaneous Requirements--

references to other standards in 404 Includes reference

Section 11 of ASHRAE Standard 90.1- changes and addenda to

1989. service water hearing

criteria.

Add. c Motors. Makes the motor Subpart D Building Design

efficiency requirements more stringent Requirements--

and updates and adds references to 401.2 Electric Motors.

NEMA Standards.

Add. d Clarifies the Exception under Subpart D Building Design

6.4.2.5, Lighting controls in spaces Requirements--

used as a whole. 401.3.3 Lighting Power

Control Credits.

Add. e Clarifies wording of 9.4.7, Subpart D Building Design

Ventilation. Section 9.4.7.2 permits Requirements--

outside air intake to exceed minimum 403.2.4 Ventilation and Fan

levels provided the system is capable System Design.

of operating at the minimum levels

specified by 6.1.3 of ASHRAE Standard

62.

Add. f Fenestration. Not adopted but Subpart D Building Design

pending consideration by ASHRAE. Requirements--

402.4.1.2 Fenestration

DOE is proposing

substantive provisions

that are the same as in

proposed Addendum F.

DOE's version is written

in codified form.

Contains corrections in

the fenestration thermal

performance calculation

procedure to meet

industry standards.

Includes changes to the

alternative Component

(ACP) Tables to reflect

this change.

Add. g Expansion of Table 8C-2, Wall Subpart D Building Design

Sections with Metal Studs, Parallel Requirements--

Path Correction Factors. Addresses 402.1.2.1 Envelope

thicker wall members and new Assemblies Containing Metal

technology for higher performance Framing

insulation products.

Add. h Not promulgated

Add. i Modifications to tables of HVAC Subpart D Building Design

equipment performance criteria in Requirements--

Section 10. (These were first included 403.1 Mechanical Equipment

in Addenda a.) Incorporates updated Efficiency.

test-procedure reference to the HVAC

equipment performance criteria.

------------------------------------------------------------------------

E. Explanation of Differences Between the Proposed Rule and the

Statutory Baseline

This section explains the differences between the proposed rule and

the statutory baseline. As noted above, this baseline includes Addenda

b, d, and e, since they were in effect at the time EPACT was enacted.

The discussion below corresponds to the sections in the proposed rule.

Unless otherwise indicated, the proposed rule incorporates the language

of the codified version of both Standard 90.1 and its addenda. Minor

language changes and citation changes will not be noted.

Subpart A: Administration and Enforcement

Sections 434.100 and 434.101, Purpose and Scope. In these proposed

sections, the title, purpose and scope would be changed from the

codified version and the statutory baseline to reflect the application

to federal sector buildings. These sections would adopt language from

the interim rule, with some modifications, which define the purpose of

the proposed rule and the categories of buildings covered by this

rulemaking. Specifically, the purpose section would use the term

``energy efficiency'' instead of the term ``energy conservation'' which

is used in the codified version. Proposed Sec. 434.101, Scope, would

delete exception (1), which appears in both the statutory baseline and

the codified version. Unlike the statutory baseline, the proposed rule

specifically lists all the exceptions within the ``Scope'' section.

Sections 434.104, 106, and 107 Reserved

The proposed rule does not include the sections entitled

``Validity,'' ``Plans and Specifications,'' and ``Inspections'' from

the codified version. The statutory baseline does not contain any of

these sections either.

Subpart B: Definitions

The proposed rule would change the definition of ``commercial

building'' from the codified version by using the definition of

``commercial building'' from the interim rule, which is identical to

the definition in ECPA, as amended, 42 U.S.C. 6832(4). The proposed

rule would also add several other definitions from the interim rule

that are not in the codified version. They are: building code, Federal

agency, Federal building and multi-family high-rise residential

buildings. All of these definitions, except for multi-family high rise

residential buildings, are identical to the definitions in ECPA, as

amended, 42 U.S.C. 6832(3), (5), and (6), respectively.

Subpart D: Building Design Requirements

Section 401.2, Electric Motors. This proposed section would include

Addendum c regarding motor efficiency. This is not part of the

statutory baseline. These revised minimum efficiencies for electric

motors are identical to those set forth in section 342(b) of the Energy

Policy and Conservation Act (EPCA) as amended by section 122(d) of

EPACT. The codified version of Addendum c is used with the exception of

Table 401.2.1 of the proposed rule, which is from Table 5.1 of the non-

codified version of the addendum. The codified version of Table 401.2.1

is condensed from the non-codified version and does not include as

broad a range of motor types. The effect of including Addendum c is to

make section 401.2 of the proposed rule more energy efficient than the

statutory baseline. See, Technical Support Document (TSD), pages 2-3.

Section 401.3.2, Building Interiors. This proposed section would

adopt most of the lighting requirements of the interim rule. Those

lighting requirements incorporated from the interim rule are more

energy efficient than the statutory baseline; the remaining

requirements are identical to the statutory baseline. See, Technical

Support Document, pages 3-7.

The interim federal rule specifies two sets of maximum unit power

density

[[Page 40888]]

values (UPD). UPD is measured as lighting watts per square foot of

floor area. The initial (1989) values are the same as those in the

codified version of Standard 90.1-1989. It also contains more energy

efficient UPD values that took effect in 1993. The values proposed

today have been updated to reflect the results of the detailed

assessment of the 1993 interim values made during a demonstration phase

of the applicability of the interim rule. These values reflect a goal

of progressive energy-conserving practice without prohibiting the

design of quality lighting in interior environments.

The proposed rule would include UPD values in Tables 401.3.2b and

401.3.2c that in most cases are more stringent than the statutory

baseline for various area/space categories. The proposed rule would

adopt 79 of the 106 space types listed at the more stringent 1993 UPD

values and 27 of the 106 space types listed at the 1989 UPD values from

the interim rule. In no case is more lighting energy allowed than

provided for under Standard 90.1-1989. See, Technical Support Document,

page 4.

In the proposed rule, offices have a high number of recommended UPD

values from the 1993 values of the interim rule because the substantial

amount of case study and simulation evidence points overwhelmingly to a

current capability for further reducing office lighting energy use

without sacrificing lighting quality. The large amount of office space

in the United States means that even this small improvement in energy

efficiency specifications will result in significant additional energy

savings. In only one case is a 1993 office value retained at the 1989

UPD value.

Sections 402.1.1.1, Shading Coefficient, and 402.1.2.2, Envelope

Assemblies Containing Nonmetal Framing. The reference in the last

sentence of Section 402.1.1.1 is Table 41, Chapter 27, of the ASHRAE,

Handbook, 1989 Fundamentals Volume rather than the reference found in

the codified version to Table 41 of the older 1985 Handbook. The 1985

Handbook is also referenced in the statutory baseline. There is no

difference in the content of these tables, simply a different table

number in the two versions of the Handbook.

The reference in the last sentence of Section 402.1.2.2 is changed

from page 23.2 of Chapter 23 of the ASHRAE, Handbook, 1985 Fundamentals

Volume found in the codified version and the statutory baseline, to

page 23.2 of Chapter 23 of ASHRAE, Handbook, 1989 Fundamentals Volume.

This updated reference is not substantive in nature.

Section 402.1.2.1, Envelope Assemblies Containing Metal Framing.

The proposed rule would adopt Addendum 90.1g, which is not part of the

statutory baseline. Addendum 90.1g expands proposed Table 402.1.2.1b,

Parallel Path Correction Factors, Metal Framed Walls with Studs 16

Gauge or Lighter, to include metal studs and a larger variety of

insulation products in exterior wall framing. These technologies are

not required. The table is expanded to make it easier for builders to

use these technologies. See, Technical Support Document, page 9.

Section 402.1.2.4, Fenestration Assemblies. The proposed rule would

change the rating method for fenestration (windows and skylights) from

that used in the statutory baseline. The proposed Section 402.1.2.4,

which mirrors proposed ASHRAE Addendum f, differs from the statutory

baseline in two respects. First, the proposed rule would adopt the test

procedure of the National Fenestration Rating Council (NFRC), NFRC 100-

91, Procedure for Determining Fenestration Product Thermal Properties

(currently limited to thermal transmittance value). This test procedure

modifies the method of calculating the thermal transmittance of

fenestration assemblies (e.g., framing and glazing). Second, the

thermal transmittance values in Equation 402.1.2.3, referenced in the

proposed section, would be updated to reflect the new rating procedure

so that the minimum required window assemblies would be essentially the

same as those required under Standard 90.1-1989 using the old rating

method. See, Technical Support Document, pages 10-11.

The new testing procedure was developed by a consensus process

supported by the Department under section 121 of EPACT. The Department

is proposing to adopt the NFRC Test Procedure because this method

provides a more accurate measure of energy efficiency. In addition to

being the basis for proposed Addendum 90.1f to Standard 90.1-1989 now

under consideration by the ASHRAE Standing Standards Project Committee,

it is already referred to in Chapter 27 of the 1993 ASHRAE Handbook of

Fundamentals. As noted previously in Section II.D. above, proposed

Addendum f is not included in the codified version.

Section 402.4.1.2, Fenestration. The revised tables 402.4.1.1 on

maximum wall thermal transmittance overall and 402.4.1.2 on maximum

window wall ratio (WWR) were created using the new method of

calculating the thermal transmittance of fenestration described above.

These revised tables incorporate the changes in fenestration test

procedures and required thermal transmittance overall values specified

in Section 402.1.2.4.

Section 403.1, Mechanical Equipment Efficiency. The proposed rule

adopts the changes set forth in Addendum 90.1i, which are not part of

the statutory baseline. These changes update the Test Procedure column

in the HVAC Tables 403.1a through 403.1f, to reflect the latest

references in mechanical equipment efficiency test procedures to ensure

consistency with industry practice. Addendum 90.1i also changes the

required minimum cubic feet per minute (cfm) for variable-air-volume

(VAV) systems to 300 cfm in order to provide consistency with the

minimum requirements of Section 403.2.4, Ventilation and Fan System

Design (Addendum 90.1e) See, Technical Support Document, pages 12-14 .

Addendum 90.1e, which is part of the statutory baseline, permits

outside air intake to exceed the minimum levels established by Standard

90.1-1989, to increase indoor air quality and tenant comfort.

Subpart E, Building Energy Cost Compliance Alternative

This provision is part of the statutory baseline. It is

incorporated in the codified version of Standard 90.1-1989 by reference

only (see Section 102, Compliance). The language of this subpart has

been adopted in its entirety from the interim rule, with the exception

of paragraphs 11.2.3, 11.2.4 and 11.3.1 found in Sec. 435.111. The

language in paragraph 11.2.3, which is contained in Section 502.3 of

the proposed rule would be modified to make it more clear. The language

in paragraph 11.2.4 would be deleted because it is merely explanatory

in nature and does not include any regulatory requirements. The

language in paragraph 11.3.1, which is contained in Section 508.1 of

the proposed rule, has been modified to avoid confusion regarding which

energy supply sources the section applies to.

This subpart sets forth the requirements for using one of two

alternative methods of whole building performance compliance. This

alternative method is based on a comparison of expected local monthly

energy costs for the proposed building design (referred to as the

``design energy cost'') to the expected energy costs of a similar

building designed to just meet the specific requirements of subpart D

(referred to as the ``energy cost budget'').

[[Page 40889]]

Compliance is achieved when the estimated design energy cost is less

than or equal to the energy cost budget. Subpart E provides

instructions for determining the budget and for calculating energy

analysis of prototype or reference building designs configured to meet

the prescriptive or systems requirements of the standards.

The prototype or reference building design for the energy cost

budget (1) incorporates the minimum technical specifications in

proposed subpart D and (2) is based on the least expensive energy

source(s) (e.g. electricity, natural gas, or oil) for space and water

heating. The reference energy source(s) is not a requirement or

recommendation.

This approach allows a designer maximum flexibility in the design

process, while ensuring that the building is designed to have energy

cost no higher than costs under the other compliance paths. This path

provides an opportunity for the energy conservation benefits of

innovative designs, materials, and equipment to be used when they

cannot be evaluated adequately under either the prescriptive or system

performance procedures.

Subpart F, Building Energy Compliance Alternative

This subpart is not found in the statutory baseline or the codified

version of Standard 90.1-1989. The Building Energy Compliance

Alternative has been adopted in its entirety from the current interim

rule (See 10 CFR 435.112), with the exception of a portion of paragraph

12.1.7 from Sec. 435.112, which would be deleted to conform to 10 CFR

part 436. (See Proposed Section 601.7 ). The proposed rule would also

modify the language of paragraphs 12.3.2.1 and 12.7.1 from

Sec. 435.112, now contained in proposed Sections 603.2.1 and 607.1,

respectively. In the first instance, the modification would clarify the

language of the proposed section; in the latter instance, the

modification would conform the proposed section to part 436 and

simplify it. Finally, a portion of paragraph 12.7.1.4 from Sec. 435.112

would be deleted in order to make proposed Section 607.1.4 accurate.

This subpart provides an additional alternative path for compliance

with the proposed rule which is based on a comparison of total energy

use rather than energy costs as in subpart E. Compliance under this

subpart is demonstrated by showing that the calculated annual energy

usage for the proposed building design is equal to or less than a

calculated design energy use target based on just meeting the

requirements of subpart D.

A life-cycle cost economic analysis is required to evaluate both

the choice of energy source(s) and energy reduction strategies. Unlike

subpart E, this subpart requires the use of the energy source(s)

determined to have the lowest life-cycle cost. Fuel sources selected

for the proposed design and prototype or reference buildings are

determined by considering the energy costs and other costs and benefits

that occur during the expected economic life of the alternative. The

procedures set forth in subpart A of 10 CFR part 436 are used to make

the determination.

When the proposed design is compared to the prototype or reference

building, the same subsystems and fuel sources are used so that the

subsystems of each correspond. Life-cycle cost analysis is then used to

determine whether proposed features would be cost-effective to the

federal government. (Section IV of this preamble discusses federal

policies which promote the purchase of cost-effective energy efficiency

investments.)

Subpart G, Reference Standards

The proposed rule would adopt the reference section from the

codified version of Standard 90.1-1989 with several additions. Several

of these changes are described above. In addition, several references

to other building industry standards are being updated to be consistent

with the current version of those standards. These changed references

are: RS-4, ASHRAE, Handbook of Fundamentals, 1985 which was updated to

version 1989 and RS-48 which was updated to version 1993. Specifically,

added reference standards include: RS-43, NEMA MG 10-1983 (R 1988),

Energy Management Guide for Selection and Use of Polyphase Motors,

National Electrical Manufacturers Association, Washington, D.C. 20037;

RS-44, NEMA MG 11-1977 (R 1982, 1987), Energy Management Guide for

Selection and Use of Single-Phase Motors, National Electrical

Manufacturers Association, Washington, D.C. 20037; RS-45, ARI Standard

330-93, Ground-Source Closed Loop Heat Pumps, Air-Conditioning and

Refrigeration Institute, Arlington, Va. 22209; RS-46, ARI Standard 560-

92, Absorption Water Chilling and Water Heating Packages, Air-

Conditioning and Refrigeration Institute, Arlington, Va. 22209; RS-47,

ASHRAE, Handbook, 1991 Applications Volume, American Society of

Heating, Refrigerating, and Air-Conditioning Engineers, Atlanta, GA

30329; RS-48, ASHRAE, Handbook, 1993 Fundamentals Volume, American

Society of Heating, Refrigerating, and Air- Conditioning Engineers,

Atlanta, GA 30329; and RS-49, Codified Version of ASHRAE, Standard

90.1-1989, Energy Code For Commercial And High-Rise Residential

Buildings, including Addenda b, c, d, e, g, and i.

III. Consultation

In developing today's proposal, DOE has consulted with outside

parties, including state and local code officials, private sector

representatives, and other federal agencies, as required by sections

305(a)(1) of ECPA, as amended.

IV. Energy Impacts

Section 305(a)(2)(A) of ECPA, as amended, requires that the

proposed rule meet or exceed Standard 90.1-1989. As stated above, DOE

is interpreting the statutory reference to Standard 90.1-1989 to

include addenda in effect when EPACT was enacted. The proposed rule

includes all of the energy efficiency provisions in the statutory

baseline including the addenda in effect as of October 24, 1992. It

also includes the three addenda adopted since October 24, 1992 (Addenda

c, g and i), and lighting specifications that are not included in

either Standard 90.1-1989 or any of its addenda. Further, DOE proposes

requirements based upon proposed Addendum f.

Overall, the proposed rule, if adopted, for new federal buildings,

would reduce energy use by about 5 percent more than adoption of a rule

that meets the statutory baseline. The Department has determined that

Addenda g and i, addressing metal stud walls and HVAC performance

testing, respectively, as well as proposed Addendum f have no impact on

energy use. The Department estimates that Addendum c provides a 0.24

percent reduction in building energy use. This same reduction will be

realized nationwide as the electric motor standards of section 342 (b)

of the EPCA, as amended, take effect. The Department has also

determined that the proposed lighting standards will result in total

building energy use which is 4.7 percent less than that allowed by the

statutory baseline.

Even though today's proposed rule is more stringent than the

statutory baseline, two components of the proposed rule are likely to

result in an increase in allowed energy use as compared to the interim

rule. First, the interim rule does not include the new ventilation

standard found in the statutory baseline, Addendum e of Standard 90.1-

1989. Addendum 90.1e requires inclusion of capacity to provide more

fresh air to be brought into commercial buildings in order to improve

indoor air quality and occupant

[[Page 40890]]

comfort. The Department estimates that the additional energy needed to

heat, cool, dehumidify and move this additional outdoor air will

increase energy use under the proposed rule by 10 to 15 percent from

the energy requirements in the interim standard.

Second, for 27 of the 106 space types, the lighting requirements in

the proposed rule are less stringent than the 1993 lighting values in

the interim rule. The changes are unlikely, however, to have much

impact on energy use since the 1993 UPD values proved difficult to

implement for these 27 space types.

The energy estimates reported here are based on the minimum

specifications found in Subsection D of the proposed rule. Additional

cost-effective energy efficiency improvements in new federal commercial

buildings are facilitated by this rule through subparts E and F, the

alternative paths which provide a means of documenting the energy

savings and cost-effectiveness of more energy efficient building

designs. Pursuant to section 306 of ECPA, as amended, federal agencies

must adopt building standards which meet or exceed the standards of the

proposed rule. Utilization of the voluntary code format for this rule

would facilitate DOE's consideration and incorporation of new code

specifications. The Department is actively involved in the development

and analysis of a next-generation voluntary code for commercial

buildings.

Several existing programs and policies are also designed to reduce

energy use in new federal buildings beyond minimum specifications. The

proposed rule is specifically designed to work in conjunction with

existing efforts. The life cycle cost analysis provisions found in 10

CFR part 436 allow agencies to determine when additional or alternative

efficiency measures would provide net benefits in the form of energy

cost savings to ensure that measures selected under the alternative

paths are cost-effective to the Federal government. Section 306(a) of

Executive Order No. 12902 (59 FR 11463, March 8, 1994), ``Executive

Order on Energy Efficiency and Water Conservation at Federal

Facilities,'' specifically requires for new Federal facilities that,

``Each agency involved in the construction of a new facility * * *

shall: (1) Design and construct such facility to minimize the life

cycle cost of the facility by utilizing energy efficiency, water

conservation, or solar or other renewable energy technologies.'' It

also requires agencies to ``ensure that the design and construction of

facilities meet or exceed the energy performance standards applicable

to Federal residential or commercial buildings as set forth in 10 CFR

part 435, local building standards, or a Btu-per-gross square-foot

ceiling . . . whichever will result in a lower life cycle cost over the

life of the facility.'' Section 306(a)(2). Finally, this Executive

Order directs agencies to purchase equipment for buildings that are in

the upper 25 percent of energy efficiency for all similar products or

at least 10 percent more efficient than the minimum level that meets

Federal standards if they are cost-effective and to the extent

practicable. Section 507(a)(2). Programs within the Department's Office

of Codes and Standards and the Federal Energy Management Program

provide agencies with assistance in utilizing life-cycle cost analysis

and in identifying and procuring energy efficient shell and equipment

options for Federal buildings.

V. Technological Feasibility and Economic Justification

The standards proposed today are technologically feasible and cost

effective to the federal government as required by section 305(a)(1) of

ECPA, as amended. Those provisions included in the statutory baseline

have been part of recommended professional practice since at least

October 1992. Addenda adopted or proposed by ASHRAE and IES since EPACT

was enacted (Addenda 90.1c, f, g, and i addressing motors,

fenestration, metal framing in the building envelope, and heating and

cooling equipment test procedures, respectively) will be addressed

specifically to explain their technological feasibility and cost

effectiveness.

Addendum 90.1c, regarding motors was developed in cooperation with

the National Electrical Manufacturers Association and is based on its

standards. Motors covered by this criteria are currently being actively

marketed by manufacturers and regularly incorporated as cost effective

retrofit measures in utility demand side management programs. See,

Technical Support Document, page 3. Section 342(b) of EPCA, as amended,

governs the efficiency of motors manufactured after October 1997.

Discussions with manufacturers lead DOE to believe that these products

will be cost effective for all new federal buildings at the time this

rule would become effective.

Proposed Addendum 90.1f modifies the method of calculating the

thermal transmittance of fenestration assemblies based on the National

Fenestration Rating Council's procedures for determining fenestration

thermal performance. Over 12,000 products have been certified using

this procedure. Hence, the Department believes that these procedures

are technologically feasible. Furthermore, DOE believes that the U-

values specified in the proposed rule based on Addendum f would not

change the types of windows from those required by Standard 90.1-1989.

A review of the National Fenestration Products Rating Council Certified

Product Directory leads DOE to conclude that the proposed changes will

not require a change in fenestration from the statutory baseline. See,

Technical Support Document, pages 10-11.

Addendum 90.1g, expands proposed Table 402.1.2.1b, Parallel Path

Correction Factors, Metal Framed Walls with Studs 16 Gauge or Lighter,

to include a larger variety of available types of metal studs, spacing

of framing members and cavity insulation values which are being used

for exterior walls. This was done in light of recent increased interest

in metal shed construction. The proposed rule only permits the use of

metal studs if the exterior wall is properly insulated; it does not

require the use of this technology. The Department believes this

technology will be used only in cases where the builder finds it is

cost effective to do so. See, Technical Support Document, pages 8-9.

Addendum 90.1i updates the test procedures for heating and cooling

equipment. Their adoption by equipment manufacturers demonstrates their

technological feasibility. Furthermore, since these are established

testing procedures used by industry, DOE believes their inclusion in

the proposed rule will have no impact on cost. In addition, Addendum

90.1i specifies minimum air changes per hour under various

circumstances. DOE believes this will not increase energy use beyond

the statutory baseline since Addendum e, adopted prior to October 24,

1992 already allowed this practice. See, Technical Support Document,

pages 12-14.

The proposed rule adopts those 1993 lighting specifications that

proved to be both technologically feasible and cost-effective. (See

Appendix of the TSD). For each of the 79 space/area types for which the

Department is proposing to use the 1993 UPD values from the interim

rule, these values proved to be both technologically feasible and cost-

effective to the federal government. For each of the 27 space/area

types for which the Department is proposing to use the 1989 values from

the interim rule (identical to the statutory baseline),

[[Page 40891]]

the Department's analysis indicated potential technical difficulties in

using the 1993 UPD values while retaining adequate lighting levels for

the relevant tasks. In determining the cost-effectiveness of the

lighting provisions, the original analysis was adjusted to reflect the

estimated lower cost of electricity to the federal government. See,

Technical Support Document, pages 3-7.

VI. Measures Concerning Radon and Other Indoor Air Pollutants

Section 305(a)(2)(C) of ECPA, as amended, requires the Department

to consider, where appropriate, measures with regard to radon and other

indoor air pollutants. The Department has consulted with the

Environmental Protection Agency and determined that there are no radon

standards applicable to the types of buildings covered by the proposed

rule.

Ventilation is the only proposed change that has an effect on

indoor air quality and thus, on habitability. The proposed rule,

through its inclusion of Addendum 90.1e, would adopt the minimum

ventilation rates specified by ASHRAE Standard 62-1989, entitled

``Ventilation for Acceptable Indoor Air Quality,'' effectively

increasing ventilation in new federal buildings. Improving building

ventilation conditions by adjustments to mechanical systems is widely

used as a generic mitigation practice for indoor air quality problems.

It is widely assumed that such adjustments increase ventilation rates

and as a consequence decrease contaminant concentrations, reduce

dissatisfaction with air quality and reduce symptom prevalence. A range

of experimental and epidemiological studies have been carried out to

evaluate these relationships. However, these study results are in

dispute.

VII. Findings and Certification

A. Federalism Review

Executive Order 12612, 52 FR 41685 (October 30, 1987), requires

that regulations, rules, legislation, and any other policy actions be

reviewed for any substantial direct effects on states, on the

relationship between the Federal government and the States, or in the

distribution of power and responsibilities among various levels of

government. If there are substantial effects, then the Executive Order

requires preparation of a federalism assessment to be used in all

decisions involved in promulgating and implementing policy action.

This proposed rule would establish standards for new federal

commercial and multi-family high rise residential buildings. It does

not impose any requirements on State governments. Therefore, the

Department finds that today's proposed rule, if finalized, will not

have a substantial direct effect on State governments and, therefore, a

federalism assessment has not been prepared.

B. Review Under Executive Order on Promulgating Regulations 12988

Section 3 of Executive Order 12988, 61 FR 4729 (February 7, 1996),

instructs each agency to adhere to certain requirements in promulgating

new regulations. These requirements, set forth in section 3 (a) and

(b), include eliminating drafting errors and needless ambiguity,

drafting the regulations to minimize litigation, providing clear and

certain legal standards for affected legal conduct, and promoting

simplification and burden reduction. Agencies are also instructed to

make every reasonable effort to ensure that the regulation describes

any administrative proceeding to be available prior to judicial review

and any provisions for the exhaustion of administrative remedies. The

Department certifies that the proposed rule meets the requirements of

section 3(a) and (b) of Executive Order 12988.

C. Regulatory Planning and Review

This regulatory action has been determined to be a significant

regulatory action under Executive Order No. 12866, 58 FR 51735 (October

4, 1993), but not economically significant. Accordingly, today's action

was subject to review under the Executive Order by the Office of

Information and Regulatory Affairs (OIRA) and OIRA has completed its

review.

D. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, requires

that an agency prepare an initial regulatory flexibility analysis and

that it be published at the time of publication of general notice of

proposed rulemaking for the rule. This requirement does not apply if

the agency ``certifies that the rule will not, if promulgated, have a

significant economic impact on a substantial number of small

entities.'' (5 U.S.C. 605).

The proposed rule only imposes requirements on the Federal

government for the construction of new Federal commercial and multi-

family high rise residential buildings. Therefore, the Department

certifies that this rule, if promulgated, would not have a significant

economic impact on a substantial number of small entities.

E. Review Under the National Environmental Policy Act

In issuing the interim rule, the Department prepared an

Environmental Assessment (EA) of the interim standards for Federal

commercial and multi-family high rise residential buildings. The EA

concluded that the effect of the proposed standards on a building's

habitability as well as on the outdoor environment, the economy and

Federal institutions, would be very small. Thus, environmental effects

from standards proposed for a minimum level of energy efficiency for

new Federal and commercial multi-family high rise residential buildings

were determined not to be a major Federal action significantly

affecting the quality of the human environment, under the meaning of

the National Environmental Policy Act. A Finding of No Significant

Impact (FONSI) was issued by DOE on November 3, 1986. The FONSI was

then published along with the proposed rule in 52 FR 17052, 17064 (May

6, 1987) and referenced in the interim rule in 54 FR 4551 (January 30,

1989).

The 1989 interim rule that established building energy efficiency

standards was mandatory for federal buildings and voluntary for all

others. This proposed rule addresses solely federal construction, which

represents only 2 percent of total new construction nationwide, and

does not include voluntary standards for non-federal construction.

The proposed rule would change energy consumption as compared to

the interim rule in the areas of lighting, motors, and HVAC. In

conducting the environmental analysis for this proposed rule, the

Department found that the proposed changes would produce a 4.7 percent

reduction in building energy consumption compared to the 1989 lighting

criteria in the interim rule. The proposed rule would also produce a

0.24 percent reduction in building energy consumption due to the

proposed efficiency requirements of motors as compared to the interim

rule. The proposed rule, however, could increase energy use by 10-15

percent, because of the additional HVAC requirements of Addendum 90.1e,

as compared to the interim rule. The net result would be an approximate

5-10 percent increase in total building energy use as compared to the

interim rule with the 1989 lighting levels. Since federal construction

represents only 2 percent of the total new commercial and multi-family

high-rise construction nationally,

[[Page 40892]]

the increase in energy consumption nationally would be negligible.

The Department believes that a minimum environmental impact would

result from this proposed rule. Further, such effects would fall within

the range of impacts that are analyzed in the interim rule's EA. These

effects are determined not to be significant in the FONSI published in

1987. Accordingly, DOE determines that after all the environmental

effects of the proposed rule are considered, this proposed rule is

bounded by the analysis in the EA. Therefore, the preparation of a new

EA or an environmental impact statement is not required.

F. Environmental Protection Agency Review

As required by the Federal Energy Administration Act of 1974, 15

U.S.C. 766 (a)(1), a copy of this proposed rule was submitted to the

Administrator of the Environmental Protection Agency for comments on

the impact of the proposed rule on the quality of the environment.

G. Paperwork Reduction Act Review

This proposed rule was examined with respect to the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq., which directs agencies to

minimize Federal information collection and reporting burdens imposed

on individuals, small businesses, and State and local governments.

This proposed rule would establish requirements for the design of

new Federal commercial and multi-family high rise buildings. It does

not impose requirements for the collection or reporting of information

to the Federal Government. Accordingly, clearance under the Paperwork

Reduction Act of 1980 is not required by the Office of Information and

Regulatory Affairs of the Office of Management and Budget.

H. Unfunded Mandates Reform Act Review

Title II of the Unfunded Mandates Reform Act of 1995 (the Act),

enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal

agency, to the extent permitted by law, to prepare a written assessment

of the effects of any Federal mandate in a proposed or final agency

rule that may result in the expenditure by State, local, and tribal

governments, in the aggregate, or by the private sector, of $100

million or more (adjusted annually for inflation) in any one year. The

requirements do not apply if the rule incorporates regulatory

requirements that are specifically set forth in law. See 2 U.S.C. 1531,

1532.

Furthermore, section 204(a) of the Act, 2 U.S.C. 1534(a), requires

the Federal agency to develop an effective process to permit timely

input by elected officers (or their designees) of State, local, and

tribal governments on a proposed ``significant intergovernmental

mandate.'' A ``significant intergovernmental mandate'' under the Act is

any provision in a Federal agency regulation that: (1) Would impose an

enforceable duty upon State, local, or tribal governments (except as a

condition of Federal assistance); and (2) may result in the expenditure

by State, local, and tribal governments, in the aggregate, of $100

million (adjusted annually for inflation) in any one year. Section 203

of the Act, which supplements section 204(a), provides that before

establishing any regulatory requirements that might significantly or

uniquely affect small governments, the agency shall have developed a

plan that, among other things, provides for notice to potentially

affected small governments, if any, and for a meaningful and timely

opportunity to provide input in the development of regulatory

proposals. 2 U.S.C. 1533.

The rule proposed today would establish building energy efficiency

standards for new Federal commercial and multi-family high rise

residential buildings pursuant to section 305(a) of the Energy

Conservation and Production Act, as amended. 42 U.S.C. 6834(a). It does

not include any Federal requirements that would result in the

expenditure of money by State, local, and tribal governments.

Therefore, the requirements of the Unfunded Mandates Reform Act of 1995

do not apply to this rulemaking.

I. Review under Section 32 of the Federal Energy Administration

Authorization Act

Pursuant to section 301 of the Department of Energy Organization

Act (Pub. L. 95-91), the Department of Energy is required to comply

with section 32 of the Federal Energy Administration Act of 1974, as

amended by section 9 of the Federal Energy Administration Authorization

Act of 1977. The findings required of the Department of Energy by

section 32 serve to notify the public regarding the use of commercial

standards in a proposal and through the rulemaking process. It allows

interested persons to make known their views regarding the

appropriateness of the use of any particular commercial standard in a

notice of proposed rulemaking. Section 32 also requires that the

Department of Energy consult with the Attorney General and the Chairman

of the Federal Trade Commission concerning the impacts of such

standards on competition.

Today's proposed rule adopts, in significant part, the codified

version of Standard 90.1-1989, including six addenda adopted by ASHRAE/

IES. They are: Addenda b, c, d, e, g, and i. In addition, the proposed

rule contains other industry reference standards and sources. They are:

ASHRAE, Handbook, 1989, 1993, Fundamentals Volumes, American Society of

Heating, Refrigerating, and Air-Conditioning Engineers, Atlanta, GA.

30329; National Fenestration Rating Council (NFRC) 100-91, Procedure

for Determining Fenestration Product Thermal Properties, Silver Spring,

MD, 20910; NEMA MG 10-1983 (R 1988), Energy Management Guide for

Selection and Use of Polyphase Motors, National Electrical

Manufacturers Association, Washington, DC 20037; NEMA MG 11-1977 (R

1982, 1987), Energy Management Guide for Selection and Use of Single-

Phase Motors, National Electrical Manufacturers Association,

Washington,DC, 20037; ARI Standard 330-93, Ground-Source Closed Loop

Heat Pumps, Air-Conditioning and Refrigeration Institute, Arlington,Va.

22209; ARI Standard 560-92, Absorption Water Chilling and Water Heating

Packages, Air-Conditioning and Refrigeration Institute, Arlington, Va.

22209; and ASHRAE Handbook, 1991 Applications Volume, American Society

of Heating, Refrigerating, and Air-Conditioning Engineers, Atlanta, GA

30329.

The Department of Energy has evaluated the promulgation of the

above standards with regard to compliance with section 32(b). The

Department is unable to conclude whether these standards fully comply

with the requirements of section 32(b), i.e., that they were developed

in a manner which fully provided for public participation, comment, and

review. Therefore, DOE now invites public comment on the

appropriateness of incorporating these industry standards in its final

rule. As required by section 32(c), DOE will consult with the Attorney

General and the Chairman of the Federal Trade Commission concerning the

impact of these standards on competition, prior to issuing a notice of

Final Rulemaking.

VIII. Public Comment Procedures

A. Participation in Rulemaking

The Department encourages the maximum level of public participation

in this rulemaking. Individuals, Federal agencies, architects,

engineers, utilities, States and local governments, building

[[Page 40893]]

code organizations, builders, builder associations, building owners,

building owner association, consumers, and others are urged to submit

written data, views, or comments on the proposal. Whenever applicable,

full supporting rationale, data and detailed analyses should also be

submitted. The Department also encourages interested persons to

participate in the public hearing to be held in Washington, DC, at the

time and place indicated in this Notice.

The Department has established a comment period of 90 days

following publication of this notice during which interested persons

may comment on this proposal. All comments will be available for review

in the Department's Freedom of Information Reading Room.

B. Written Comment Procedures

Written comments (ten copies) should be submitted to the address

indicated in the ADDRESSES section of this notice and must be received

by the time and date indicated in the DATES section of this notice.

Comments should be identified on both the outside of the envelope and

on the documents themselves with the designation, ``Energy Code for New

Federal Commercial and Multi-Family High Rise Residential Buildings

(Docket No. EE-RM-79-112-C).'' In the event any person wishing to

provide written comments cannot provide ten copies, alternative

arrangements can be made in advance with DOE by calling.

All comments received on or before the date specified at the

beginning of this notice and other relevant information will be

considered by DOE before final action is taken on the proposed rule.

All written comments will be available for examination in the Rule

Docket File in the Department's Freedom of Information Office Reading

Room at the address provided at the beginning of this notice both

before and after the closing date for comments. In addition, a

transcript of the proceedings of the public hearings will be filed in

the docket.

Pursuant to the provisions of 10 CFR 1004.11, any person submitting

information or data that is believed to be confidential, and which may

be exempt by law from public disclosure, should submit one complete

copy, and two copies from which the information claimed to be

confidential has been deleted. The Department will make its own

determination of any such claim and treat it according to its

determination.

C. Public Hearing Procedures

1. Procedure for Submitting Requests to Speak

In order to have the benefit of a broad range of public viewpoints

in this rulemaking, the Department will hold a public hearing at the

time and place indicated in the DATES and ADDRESSES sections of this

notice. Any person who has an interest in the proposed rule or who is a

representative of a group or class of persons that has an interest in

the proposed rule may request an opportunity to make an oral

presentation. Requests to speak should be sent to the address or phone

number indicated in the ADDRESSES section of this notice and received

by the time specified in the DATES section of this notice.

The persons making the request should briefly describe his or her

interest in the proceedings and, if appropriate, state why that person

is a proper representative of the group or class of persons that has

such an interest. The person also should provide a telephone number

where they may be contacted during the day. Each person selected to

speak at a public hearing will be notified by the DOE as to the

approximate time that they will be speaking. They should bring ten

copies of their statement to the hearing. In the event any person

wishing to testify cannot meet this requirement, alternative

arrangements can be made in advance with DOE.

2. Conduct of Hearing

The DOE reserves the right to select persons to be heard at the

hearings, to schedule their presentations, and to establish procedures

governing the conduct of the hearing. The length of each presentation

is limited to ten minutes, or based on the number of persons requesting

to speak.

A Department official will preside at the hearing. The hearing will

not be a judicial or evidentiary-type hearing, but will be conducted in

accordance with 5 U.S.C. 553 and section 501 of the Department of

Energy Organization Act, 42 U.S.C. 7191. At the conclusion of all

initial oral statements, each person will be given the opportunity to

make a rebuttal statement. The rebuttal statements will be given in the

order in which the initial statements were made.

Questions may be asked only by those conducting the hearing. Any

interested person may submit to the presiding official written

questions to be asked of any person making a statement at the hearing.

The presiding official will determine whether the question is relevant

or whether time limitations permit it to be presented for a response.

Any further procedural rules needed for the proper conduct of the

hearing will be announced by the Presiding Officer at the hearing.

If DOE must cancel the public hearing, DOE will make every effort

to publish an advance notice of such cancellation in the Federal

Register. Actual notice of cancellation will also be given to all

persons scheduled to speak. The hearing date may be cancelled in the

event no member of the public requests the opportunity to make an oral

presentation.

List of subjects in 10 CFR Parts 434 and 435

Buildings, Energy conservation, Engineers, Federal buildings and

facilities.

Issued in Washington, DC, on July, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

For the reasons set forth in the preamble, Chapter II of Title 10

of the Code of Federal Regulations is proposed to be amended as set

forth below:

PART 435--ENERGY CONSERVATION VOLUNTARY PERFORMANCE STANDARDS FOR

NEW BUILDINGS; MANDATORY FOR FEDERAL BUILDINGS

1. The authority citation for part 435 is revised to read as

follows:

Authority: 42 USC 6831-6832; 6834-6836; 42 USC 8253-54; 42 USC

7101 et seq.

Secs. 435.97 through 435.112 (Subpart A) [Removed and reserved]

2. Subpart A (Secs. 435.97 through 435.112) to part 435 is removed

and reserved.

3. A new part 434 is added to Chapter II of Title 10 to read as set

forth below:

PART 434--ENERGY CODE FOR NEW FEDERAL COMMERCIAL AND MULTI-FAMILY

HIGH RISE RESIDENTIAL BUILDINGS

Sec.

434.99 Explanation of numbering system for codes.

Subpart A--Administration and Enforcement--General

434.100 Purpose.

434.101 Scope.

434.102 Compliance.

434.103 Referenced standards (RS).

434.105 Materials and equipment.

Subpart B--Definitions

434.201 Definitions.

[[Page 40894]]

Subpart C--Design Conditions

434.301 Design Criteria.

Subpart D--Building Design Requirements--Electric Systems and Equipment

434.401 Electrical power and lighting systems.

434.402 Building envelope assemblies and materials.

434.403 Building mechanical systems and equipment.

434.404 Building service systems and equipment.

Subpart E--Building Energy Cost Compliance Alternative.

434.501 General.

434.502 Determination of the annual energy cost budget.

434.503 Prototype building procedure.

434.504 Use of the prototype building to determine the energy cost

budget.

434.505 Reference building method.

434.506 Use of the reference building to determine the energy cost

budget.

434.507 Calculation procedure and simulation tool.

434.508 Determination of the design energy consumption and design

energy cost.

434.509 Compliance.

434.510 Standard calculation procedure.

434.511 Orientation and shape.

434.512 Internal loads.

434.513 Occupancy.

434.514 Lighting.

434.515 Receptacles.

434.516 Building exterior envelope.

434.517 HVAC systems and equipment.

434.518 Service water heating.

434.519 Controls.

434.520 Speculative buildings.

434.521 The simulation tool.

Subpart F--Building Energy Compliance Alternative

434.601 General.

434.602 Determination of the annual energy budget.

434.603 Determination of the design energy use.

434.604 Compliance.

434.605 Standard calculation procedure.

434.606 Simulation tool.

434.607 Life cycle cost analysis criteria.

Subpart G--Reference Standards

434.701 General.

Authority: 42 U.S.C. 6831-6832, 6834-6836; 42 U.S.C. 8253-54; 42

U.S.C. 7101, et seq.

Sec. 434.99 Explanation of numbering system for codes.

(a) For purposes of this part, a derivative of two different

numbering systems will be used.

(1) For the purpose of designating a section, the system employed

in the Code of Federal Regulations (CFR) will be employed. The number

``434'' which signifies Part 434 in Chapter II of Title 10, Code of

Federal Regulations, is used as a prefix for all section headings. The

suffix is a two or three digit section number. For example the lighting

section of the standards is designated Sec. 434.401.

(2) Within each section, a numbering system common to many national

voluntary consensus standards is used. A decimal system is used to

denote paragraphs and subparagraphs within a section. For example, in

Sec. 434.401, ``401.2.1'' refers to subsection 401, paragraph 2,

subparagraph 1.

(b) The hybrid numbering system is used for two purposes:

(1) The use of the Code of Federal Regulation's numbering system

allows the researcher using the CFR easy access to the standards.

(2) The use of the second system allows the builder, designer,

architect or engineer easy access because they are familiar to this

system numbering. This system was chosen because of its commonality

among the building industry.

Subpart A--Administration and Enforcement--General

Sec. 434.100 Purpose.

The provisions of this part provide minimum standards for energy

efficiency for the design of new Federal commercial and multi-family

high rise residential buildings. The performance standards are designed

to achieve the maximum practicable improvements in energy efficiency

and increases in the use of non-depletable sources of energy.

Sec. 434.101 Scope.

101.1 This part provides design requirements for the building

envelope, electrical distribution systems and equipment for electric

power, lighting, heating, ventilating, air conditioning, service water

heating and energy management. It applies to new Federal multi-family

high rise residential buildings and new Federal commercial buildings.

The following are not covered:

101.1.1 Buildings, or portions thereof separated from the

remainder of the building, that have a peak energy usage for space

conditioning, service water heating, and lighting of less than 3.5 Btu/

(hft2) of gross floor area.

101.1.2 Buildings of less than 100 square feet of gross floor

area.

101.1.3 Heating, cooling, ventilating, or service hot water

requirements for those spaces where processes occur for purposes other

than occupant comfort and sanitation, and which impose thermal loads in

excess of 5% of the loads that would otherwise be required for occupant

comfort and sanitation without the process;

101.1.4 Envelope requirements for those spaces where heating or

cooling requirements are excepted in subsection 101.1.3 of this

section.

101.1.5 Lighting for tasks not listed or encompassed by areas or

activities listed in Table 514.1.1.

101.1.6 Buildings that are composed entirely of spaces listed in

subsections 101.1.1 and 101.1.3.

101.2 A Federal agency may use this section to include any

additions, renovations, repairs, replacements, and/or remodeling in the

scope of the code and reference existing procedures in their building

or administrative code to cover this application.

Sec. 434.102 Compliance.

102.1 A covered building must be designed and constructed

consistent with the provisions of this part.

102.2 Buildings designed and constructed to meet the alternative

requirements of subparts E or F shall be deemed to satisfy the

requirements of this part. Such designs shall be certified by a

registered architect or engineer stating that the estimated energy cost

or energy use for the building as designed is no greater than the

energy cost or energy use of a prototype building or reference building

as determined pursuant to subparts E or F of this part.

Sec. 434.103 Referenced standards (RS).

103.1 The standards, technical handbooks, papers and regulations

listed in Sec. 434.701, shall be considered part of this part to the

prescribed extent of such reference. Where differences occur between

the provisions of this part and referenced standards, the provisions of

this part shall apply. Whenever a reference is made in this part to an

RS standard it refers to the standards listed in Sec. 434.701.

Sec. 434.105 Materials and equipment.

105.1 Building materials and equipment shall be identified in

designs in a manner that will allow for a determination of their

compliance with the applicable provisions of this part.

Subpart B--Definitions

Sec. 434.201 Definitions.

For the purposes of this part, the following terms, phrases, and

words shall be defined as provided:

Accessible (as applied to equipment): Admitting close approach; not

guarded by locked doors, elevations, or other effective means. (See

also ``readily accessible'')

Annual Fuel Utilization Efficiency (AFUE): The ratio of annual

output energy to annual input energy that includes any non-heating

season pilot input loss.

[[Page 40895]]

Area of the space (A): The horizontal lighted area of a given space

measured from the inside of the perimeter walls or partitions, at the

height of the working surface.

Automatic: Self-acting, operating by its own mechanism when

actuated by some impersonal influence, such as a change in current

strength, pressure, temperature, or mechanical configuration. (See also

``manual'')

Automatic flue damper device: An electrically operated device, in

the flue outlet or in the inlet of or upstream of the draft hood of an

individual automatically operated gas-fired appliance, which is

designed to automatically open the flue outlet during appliance

operation and to automatically close off the flue outlet when the

appliance is in a standby condition.

Automatic vent damper device: A device intended for installation in

the venting system, in the outlet of or downstream of the appliance

draft hood, of an individual automatically operated gas-fired

appliance, which is designed to automatically open the venting system

when the appliance is in operation and to automatically close off the

venting system when the appliance is in a standby or shutdown

condition.

(1) Electrically operated: an automatic vent damper device that

employs electrical energy to control the device.

(2) Thermally actuated: an automatic vent damper device dependent

for operation exclusively upon the direct conversion of the thermal

energy of the vent gases into mechanical energy.

Boiler capacity: The rated heat output of the boiler, in Btu/h, at

the design inlet and outlet conditions and rated fuel ro energy input.

Building Code: means a legal instrument which is in effect in a

state or unit of general purpose local government, the provisions of

which must be adhered to if a building is to be considered to be in

conformance with law and suitable for occupancy and use.

Building envelope: The elements of a building that enclose

conditioned spaces through which thermal energy may be transferred to

or from the exterior or to or from unconditioned spaces.

Check metering: Measurement instrumentation for the supplementary

monitoring of energy consumption (electric, gas, oil, etc) to isolate

the various categories of energy use to permit conservation and

control, in addition to the revenue metering furnished by the utility.

Coefficient of performance (COP)--Cooling: The ratio of the rate of

heat removal to the rate of energy input, in consistent units, for a

complete cooling system or factory assembled equipment, as tested under

a nationally recognized standard or designated operating conditions.

Coefficient of performance (COP), heat pump--Heating: The ratio of

the rate of heat delivered to the rate of energy input, in consistent

units, for a complete heat pump system under designated operating

conditions.

Commercial building: A building other than a residential building,

including any building developed for industrial or public purposes.

Including but not limited to occupancies for assembly, business,

education, institutions, food sales and service, merchants, and

storage.

Conditioned floor area: The area of the conditioned space measured

at floor level from the interior surfaces of the walls.

Conditioned space: A cooled space, heated space, or indirectly

conditioned space.

Cooled space: An enclosed space within a building that is cooled by

a cooling system whose sensible capacity:

(1) Exceeds 5 Btu/(hft \2\); or

(2) Is capable of maintaining a space dry bulb temperature of

90 deg.F or less at design cooling conditions.

Daylight sensing control (DS): A device that automatically

regulates the power input to electric lighting near the fenestration to

maintain the desired workplace illumination, thus taking advantage of

direct or indirect sunlight.

Daylighted space: The space bounded by vertical planes rising from

the boundaries of the daylighted area on the floor to the floor or roof

above. Daylighted zone:

(1) Under skylights: the area under each skylight whose horizontal

dimension in each direction is equal to the skylight dimension in that

direction plus either the floor-to- ceiling height or the dimension to

an opaque partition, or one-half the distance to an adjacent skylight

or vertical glazing, whichever is least.

(2) At vertical glazing: the area adjacent to vertical glazing that

receives daylighting from the glazing. For purposes of this definition

and unless more detailed daylighting analysis is provided, the

daylighting zone depth is assumed to extend into the space a distance

of 15 ft or to the nearest opaque partition, whichever is less. The

daylighting zone width is assumed to be the width of the window plus

either 2 ft on each side, the distance to an opaque partition, or one

half the distance to an adjacent skylight or vertical glazing,

whichever is least.

Dead band (dead zone): The range of values within which an input

variable that can be varied without initiating any noticeable change in

the output variable.

Degree-day, cooling: A unit, based upon temperature difference and

time, used in estimating cooling energy consumption. For any one day,

when the mean temperature is more than a reference temperature,

typically 65 deg.F, there are as many degree-days as degrees Fahrenheit

temperature difference between the mean temperature for the day and the

reference temperature. Annual cooling degree-days (CDD) are the sum of

the degree-days over a calendar year.

Degree-day, heating: A unit, based upon temperature difference and

time, used in estimating heating energy consumption. For any one day,

when the mean temperature is less than a reference temperature,

typically 65 deg.F, there are as many degree-days as degrees Fahrenheit

temperature difference between the mean temperature for the day and the

reference temperature. Annual heating degree days (HDD) are the sum of

the degree-days over a calendar year.

Dwelling unit: A single housekeeping unit comprised of one or more

rooms providing complete independent living facilities for one or more

persons, including permanent provisions for living, sleeping, eating,

cooking, and sanitation.

Economizer, air: A ducting arrangement and automatic control system

that allows a cooling supply fan system to supply outdoor (outside) air

to reduce or eliminate the need for mechanical refrigeration during

mild or cold weather.

Economizer, water: A system by which the supply air of a cooling

system is cooled directly or indirectly or both by evaporation of water

or by other appropriate fluid in order to reduce or eliminate the need

for mechanical refrigeration.

Efficiency, HVAC system: The ratio of the useful energy output, at

the point of use to the energy input in consistent units, for a

designated time period, expressed in percent.

Emergency system (back-up system): A system that exists for the

purpose of operating in the event of failure of a primary system.

Emergency use: Electrical and lighting systems required to supply power

automatically for illumination and equipment in the event of a failure

of the normal power supply.

Energy efficiency ratio (EER): The ratio of net equipment cooling

capacity in Btu/h to total rate of electric input in

[[Page 40896]]

watts under designated operating conditions. When consistent units are

used, this ratio becomes equal to COP. (See also ``coefficient of

performance''.)

Fan system energy demand: The sum of the demand of all fans that

are required to operate at design conditions to supply air from the

heating or cooling source to the conditioned space(s) and return it

back to the source or exhaust it to the outdoors.

Federal Agency: Means any department, agency, corporation, or other

entity or instrumentality of the executive branch of the Federal

government, including the United States Postal Service, the Federal

National Mortgage Association, and the Federal Home Loan Mortgage

Corporation.

Federal Building: Means any building to be constructed by, or for

the use of, any Federal Agency which is not legally subject to State or

local building codes or similar requirements.

Fenestration: Any light-transmitting section in a building wall or

roof. The fenestration includes glazing material (which may be glass or

plastic), framing (mullions, muntins, and dividers), external shading

devices, internal shading devices, and integral (between glass) shading

devices.

Fenestration area: The total area of fenestration measured using

the rough opening and including the glass or plastic, sash, and frame.

Flue damper: A device, in the flue outlet or in the inlet of or

upstream of the draft hood of an individual automatically operated gas-

fired appliance, which is designed to automatically open the flue

outlet during appliance operation and to automatically close off the

flue outlet when the appliance is in a standby condition.

Gross floor area: The sum of the floor areas of the conditioned

spaces within the building, including basements, mezzanine and

intermediate-floor tiers, and penthouses of headroom height 7.5 ft or

greater. It is measured from the exterior faces of exterior walls or

from the centerline of walls separating buildings (excluding covered

walkways, open roofed-over areas, porches and similar spaces, pipe

trenches, exterior terraces or steps, chimneys, roof overhangs, and

similar features).

Gross lighted area (GLA): The sum of the total lighted areas of a

building measured from the inside of the perimeter walls for each floor

of the building.

Heat capacity (HC): The amount of heat necessary to raise the

temperature of a given mass 1 deg.F. Numerically, the mass expressed

per unit of wall surface multiplied by the specific heat Btu/

(ft2\ deg.F).

Heat trap: Device or piping arrangement that effectively restricts

the natural tendency of hot water to rise in vertical pipes during

standby periods. Examples are the U-shaped arrangement of elbows or a

360-degree loop of tubing.

Heated space: An enclosed space within a building that is heated by

a heating system whose output capacity

(1) Exceeds 10 Btu/(h\ft2), or

(2) Is capable of maintaining a space dry-bulb temperature of

50 deg.F or more at design heating conditions.

Heating seasonal performance factor (HSPF): The total heating

output of a heat pump during its normal annual usage period for

heating, in Btu, divided by the total electric energy input during the

same period, in watt-hours.

High rise residential building: Hotels, motels, apartments,

condominiums, dormitories, barracks, and other residential-type

facilities that provide complete housekeeping or transient living

quarters and are over three stories in height above grade.

Humidistat: An automatic control device responsive to changes in

humidity.

HVAC system: The equipment, distribution network, and terminals

that provide either collectively or individually the processes of

heating, ventilating, or air conditioning to a building.

Indirectly conditioned space: An enclosed space within the building

that is not a heated or cooled space, whose area-weighted heat transfer

coefficient to heated or cooled spaces exceeds that to the outdoors or

to unconditioned spaces; or through which air from heated or cooled

spaces is transferred at a rate exceeding three air changes per hour.

(See also ``heated space'', ``cooled space'', and ``unconditioned

space''.)

Infiltration: The uncontrolled inward air leakage through cracks

and crevices in any building element and around windows and doors of a

building.

Integrated part-load value (IPLV): A single-number figure of merit

based on part-load EER or COP expressing part-load efficiency for air-

conditioning and heat pump equipment on the basis of weighted operation

at various load capacities for the equipment.

Lumen maintenance control: A device that senses the illumination

level and causes an increase or decrease of illuminance to maintain a

preset illumination level.

Manual: Action requiring personal intervention for its control. As

applied to an electric controller, manual control does not necessarily

imply a manual controller but only that personal intervention is

necessary. (See automatic.)

Marked rating: The design load operating conditions of a device as

shown by the manufacturer on the nameplate or otherwise marked on the

device.

Multi-family high rise residential: A residential building

containing three or more dwelling units and is designed to be 3 or more

stories above grade.

Occupancy sensor: A device that detects the presence or absence of

people within an area and causes any combination of lighting,

equipment, or appliances to be adjusted accordingly.

Opaque areas: All exposed areas of a building envelope that enclose

conditioned space except fenestration areas and building service

openings such as vents and grilles.

Orientation: The directional placement of a building on a building

site with reference to the building's longest horizontal axis or, if

there is no longest horizontal axis, then with reference to the

designated main entrance.

Outdoor air: Air taken from the exterior of the building that has

not been previously circulated through the building. (See ``ventilation

air'')

Ozone depletion factor: A relative measure of the potency of

chemicals in depleting stratospheric ozone. The ozone depletion factor

potential depends upon the chlorine and the bromine content and

atmospheric lifetime of the chemical. The depletion factor potential is

normalized such that the factor for CFC-11 is set equal to unity and

the factors for the other chemicals indicate their potential relative

to CFC-11.

Packaged terminal air conditioner (PTAC): A factory-selected wall

sleeve and separate unencased combination of heating and cooling

components, assemblies, or sections (intended for mounting through the

wall to serve a single room or zone). It includes heating capability by

hot water, steam, or electricity.

Packaged terminal heat pump: A PTAC capable of using the

refrigeration system in a reverse cycle or heat pump mode to provide

heat.

Plenum: An enclosure that is part of the air-handling system and is

distinguished by having a very low air velocity. A plenum often is

formed in part or in total by portions of the building.

Private driveways, walkways, and parking lots: Exterior transit

areas that are associated with a commercial or residential building and

intended for use solely by the employees or tenants and not by the

general public.

[[Page 40897]]

Process energy: Energy consumed in support of a manufacturing,

industrial, or commercial process other than the maintenance of comfort

and amenities for the occupants of a building.

Process load: The calculated or measured time-integrated load on a

building resulting from the consumption or release of process energy.

Programmable: Capable of being preset to certain conditions and

having self-initiation to change to those conditions.

Projection factor: The exterior horizontal shading projection depth

divided by the sum of the height of the fenestration and the distance

from the top of the fenestration to the bottom of the external shading

projection in units consistent with the projection depth.

Prototype building: A generic building design of the same size and

occupancy type as the proposed design that complies with the

prescriptive requirements of Subpart D and has prescribed assumptions

used to generate the energy budget concerning shape, orientation, and

HVAC and other system designs.

Public driveways, walkways, and parking lots: Exterior transit

areas that are intended for use by the general public.

Public facility restroom: A restroom used by the transient public.

Readily accessible: Capable of being reached quickly for operation,

renewal, or inspections without requiring those to whom ready access is

requisite to climb over or remove obstacles or to resort to portable

ladders, chairs, etc. (See also accessible.)

Recooling: Lowering the temperature of air that has been previously

heated by a heating system.

Reference building: A specific building design that has the same

form, orientation, and basic systems as the prospective design that is

to be evaluated for compliance and meets all the criteria listed in

subsection 501.2 or subsection 601.2.

Reheating: Raising the temperature of air that has been previously

cooled either by refrigeration or an economizer system.

Reset: Adjustment of the controller setpoint to a higher or lower

value automatically or manually.

Roof: Those portions of the building envelope, including all opaque

surfaces, fenestration, doors, and hatches, that are above conditioned

space and are horizontal or tilted at less than 60 deg. from

horizontal. (See also ``walls'')

Room air conditioner: An encased assembly designed as a unit to be

mounted in a window or through a wall or as a console. It is designed

primarily to provide free delivery of conditioned air to an enclosed

space, room, or zone. It includes a prime source of refrigeration for

cooling and dehumidification and means for circulating and cleaning air

and may also include means for ventilating and heating.

Seasonal energy efficiency ratio (SEER): The total cooling output

of an air conditioner during its normal annual usage period for

cooling, in Btu, divided by the total electric energy input during the

same period, in watt-hours.

Service systems: All energy-using or energy-distributing components

in a building that are operated to support the occupant or process

functions housed therein (including HVAC, service water heating,

illumination, transportation, cooking or food preparation, laundering,

or similar functions).

Service water heating: The supply of hot water for purposes other

than comfort heating and process requirements.

Shading coefficient (SC): The ratio of solar heat gain through

fenestration, with or without integral shading devices, to that

occurring through unshaded \1/8\-in-thick clear double-strength glass.

Shell Building: A building for which the envelope is designed,

constructed, or both prior to knowing the occupancy type. (See also

``speculative building'')

Single-Line Diagram: A simplified schematic drawing that shows the

connection between two or more items. Common multiple connections are

shown as one line.

Skylight: Glazing that is horizontal or tilted less than 60 deg.

from horizontal.

Solar energy source: Natural daylighting or thermal, chemical, or

electrical energy derived from direct conversion of incident solar

radiation at the building site.

Speculative building: A building for which the envelope is

designed, constructed, or both prior to the design of the lighting,

HVAC systems, or both. A speculative building differs from a shell

building in that the intended occupancy is known for the speculative

building. (See also ``shell building'')

System: A combination of equipment and/or controls, accessories,

interconnecting means, and terminal elements by which energy is

transformed so as to perform a specific function, such as HVAC, service

water heating, or illumination.

Tandem wiring: Pairs of luminaries operating with lamps in each

luminaire powered from a single ballast contained in one of the

luminaires.

Task lighting: Lighting that provides illumination for specific

functions and is directed to a specific surface or area.

Task location: An area of the space where significant visual

functions are performed and where lighting is required above and beyond

that required for general ambient use.

Terminal element: A device by which the transformed energy from a

system is finally delivered. Examples include registers, diffusers,

lighting fixtures, and faucets.

Terminal conductance (C): The constant time rate of heat flow

through the unit area of a body induced by a unit temperature

difference between the surfaces, expressed in Btu/

(hft\2\ deg.F). It is the reciprocal of thermal

resistance. (See ``thermal resistance'')

Thermal mass: Materials with mass heat capacity and surface area

capable of affecting building loads by storing and releasing heat as

the interior or exterior temperature and radiant conditions fluctuate.

(See also ``heat capacity'' and ``wall heat capacity'')

Thermal mass wall insulation position:

(1) Exterior insulation position: a wall having all or nearly all

of its mass exposed to the room air with the insulation on the exterior

of that mass.

(2) Integral insulation position: a wall having mass exposed to

both room and outside (outside) air with substantially equal amounts of

mass on the inside and outside of the insulation layer.

(3) Interior insulation position: a wall not meeting either of the

above definitions, particularly a wall having most of its mass external

to an insulation layer.

Thermal resistance (R): The reciprocal of thermal conductance 1/C,

1/H, 1/U; expressed in (hft 2 deg.F)/Btu.

Thermal transmittance (U): The overall coefficient of heat transfer

from air to air. It is the time rate of heat flow per unit area under

steady conditions from the fluid on the warm side of the barrier to the

fluid on the cold side, per unit temperature difference between the two

fluids, expressed in Btu/(hft 2 deg.F).

Thermal transmittance, overall (Uo): The gross overall (area

weighted average) coefficient of heat transfer from air to air for a

gross area of the building envelope, Btu/(hft

2 deg.F). The Uo value applies to the combined effect

of the time rate of heat flows through the various parallel paths, such

as windows, doors, and opaque construction areas, composing the gross

area of one or more building envelope components, such as walls,

floors, and roof or ceiling.

Thermostat: An automatic control device responsive to temperature.

[[Page 40898]]

Unconditioned space: Space within a building that is not a

conditioned space. (See ``conditioned space'')

Unitary cooling equipment: One or more factory-made assemblies that

normally include an evaporator or cooling coil, a compressor, and a

condenser combination (and may also include a heating function).

Unitary heat pump: One or more factory-made assemblies that

normally include an indoor conditioning coil, compressor(s), and

outdoor coil or refrigerant-to-water heater exchanger, including means

to provide both heating and cooling functions.

Variable-air-volume (VAV) HVAC system: HVAC systems that control

the dry-bulb temperature within a space by varying the volume of heated

or cooled supply air to the space.

Vent damper: A device intended for installation in the venting

system, in the outlet of or downstream of the appliance draft hood, of

an individual automatically operating gas-fired appliance, which is

designed to automatically open the venting system when the appliance is

in operation and to automatically close off the venting system when the

appliance is in a standby or shutdown condition.

Ventilation: The process of supplying or removing air by natural or

mechanical means to or from any space. Such air may or may not have

been conditioned.

Ventilation air: That portion of supply air which comes from the

outside, plus any recirculated air, to maintain the desired quality of

air within a designated space. (See also ``outdoor air'')

Visible light transmittance (VLT): The fraction of solar radiation

in the visible light spectrum that passes through the fenestration

(window, clerestory, or skylight).

Walls: Those portions of the building envelope enclosing

conditioned space, including all opaque surfaces, fenestration, and

doors, which are vertical or tilted at an angle of 60 deg. from

horizontal or greater. (See also ``roof'')

Wall heat capacity: The sum of the products of the mass of each

individual material in the wall per unit area of wall surface times its

individual specific heat, expressed in Btu/(ft2\ deg.F). (See''

thermal mass'')

Window to wall ratio (WWR): The ratio of the wall fenestration area

to the gross exterior wall area.

Zone: A space or group of spaces within a building with any

combination of heating, cooling, or lighting requirements sufficiently

similar so that desired conditions can be maintained throughout by a

single controlling device.

Subpart C--Design Conditions

Sec. 434.301 Design criteria.

301.1 The following design parameters shall be used for

calculations required under subpart D of this part.

301.1.1 Exterior Design Conditions. Exterior Design Conditions

shall be expressed in accordance with Table 301.1.

Table 301.1.--Exterior Design Conditions

Winter Design Dry-Bulb (99%)............................ ........... Degrees F.

Summer Design Dry-Bulb (2.5%)........................... ........... Degrees F.

Mean Coincident Wet-Bulb (2.5%)......................... ........... Degrees F.

Degree-Days, Heating (Base 65).......................... ........... HDD Base 65 deg.F.

Degree-Days, Cooling (Base 65).......................... ........... CDD Base 65 deg.F.

Annual Operating Hours, 8 a.m. to 4 p.m. when 55 deg. ........... Hours.

fT69 deg.F.

[The exterior design conditions shall be added to Table 301.1 from the city-specific Shading Coefficient table

from the Example Alternate Component Package Table. Copies of specific tables contained in Appendix A can be

obtained from the Energy Code for Federal Commercial Buildings, Docket No. EE-RM-79-112-C, Buildings Division,

EE-432, Office of Codes and Standards, U.S. Department of Energy, Room 1J-018, 1000 Independence Avenue, S.W.,

Washington, D.C. 20585, (202) 586-0517. Adjustments may be made to reflect local climates which differ from the

tabulated temperatures or local weather experience as determined by the building official. Where local building

site climatic data are not available, climate data from a nearby location included in RS-1, Appendix C, and RS-

4 Chapter 24, Table 1, shall be used as determined by the building official.]

301.2 Indoor Design Conditions. Indoor design temperature and

humidity conditions shall be in accordance with the comfort criteria in

RS-2, except that humidification and dehumidification are not required.

Subpart D--Building Design Requirements--Electric Systems and

Equipment

Sec. 434.401 Electrical power and lighting systems.

Electrical power and lighting systems, other than those systems or

portions thereof required for emergency use only, shall meet these

requirements.

401.1 Electrical Distribution Systems.

401.1.1 Check Metering. Single-tenant buildings with a service

over 250 kVA and tenant spaces with a connected load over 100 kVA in

multiple-tenant buildings shall have provisions for check metering of

electrical consumption. The electrical power feeders for which

provision for check metering is required shall be subdivided as

follows:

401.1.1.1 Lighting and receptacle outlets

401.1.1.2 HVAC systems and equipment

401.1.1.3 Service water heating (SWH), elevators, and special

occupant equipment or systems of more than 20 kW.

401.1.1.4 Exception to 401.1.1.1 through 401.1.1.3: 10 percent or

less of the loads on a feeder may be from another usage or category.

401.1.2 Tenant-shared HVAC and service hot water systems in

multiple tenant buildings shall have provision to be separately check

metered.

401.1.3 Subdivided feeders shall contain provisions for portable

or permanent check metering. The minimum acceptable arrangement for

compliance shall provide a safe method for access by qualified persons

to the enclosures through which feeder conductors pass and provide

sufficient space to attach clamp-on or split core current transformers.

These enclosures may be separate compartments or combined spaces with

electrical cabinets serving another function. Dedicated enclosures so

furnished shall be identified as to measuring function available.

401.1.4 Electrical Schematic. The person responsible for

installing the electrical distribution system shall provide the Federal

building manager a single-line diagram of the record drawing for the

electrical distribution system, which includes the location of check

metering access, schematic diagrams of non-HVAC electrical control

systems, and electrical equipment manufacturer's operating and

maintenance literature.

[[Page 40899]]

401.2 Electric Motors. All permanently wired polyphase motors of 1

hp or more shall meet these requirements:

401.2.1 Efficiency. National Electrical Manufacturers Association

(NEMA) design A & B squirrel-cage, foot-mounted, T-frame induction

motors having synchronous speeds of 3600, 1800, 1200, and 900 rpm,

expected to operate more than 1000 hours per year shall have a nominal

full-load efficiency no less than that shown in Table 401.2.1 or shall

be classified as an ``energy efficient motor'' in accordance with RS-3.

The following are not covered:

(a) Multispeed motors used in systems designed to use more than one

speed.

(b) Motors used as a component of the equipment meeting the minimum

equipment efficiency requirements of subsection 403, provided that the

motor input is included when determining the equipment efficiency.

Table 401.2.1.--Minimum Acceptable Nominal Full-Load Efficiency for Single-Speed Polyphase Squirrel-Cage Induction Motors Having Synchronous Speeds of

3600, 1800, 1200 and 900 rpm \1\

--------------------------------------------------------------------------------------------------------------------------------------------------------

2-Pole 4-Pole 6-Pole 8-Pole

-------------------------------------------------------------------------------------------------------

HP Nominal Minimum Nominal Minimum Nominal Minimum Nominal Minimum

efficiency efficiency efficiency efficiency efficiency efficiency efficiency efficiency

--------------------------------------------------------------------------------------------------------------------------------------------------------

Full-Load Efficiencies--Open Motors

--------------------------------------------------------------------------------------------------------------------------------------------------------

1.0........................................... ........... ........... 82.5 81.5 80.0 78.5 74.0 72.0

1.5........................................... 82.5 81.5 84.0 82.5 84.0 82.5 75.5 74.0

2.0........................................... 84.0 82.5 84.0 82.5 85.5 84.0 85.5 84.0

3.0........................................... 84.0 82.5 86.5 85.5 86.5 85.5 86.5 85.5

5.0........................................... 85.5 84.0 87.5 86.5 87.5 86.5 87.5 86.0

7.5........................................... 87.5 86.5 88.5 87.5 88.5 87.5 88.5 87.5

10.0........................................... 88.5 87.5 89.5 88.5 90.2 89.5 89.5 88.5

15.0........................................... 89.5 88.5 91.0 90.2 90.2 89.5 89.5 88.5

20.0........................................... 90.2 89.5 91.0 90.2 91.0 90.2 90.2 89.5

25.0........................................... 91.0 90.2 91.7 91.0 91.7 91.0 90.2 89.5

30.0........................................... 91.0 90.2 92.4 91.7 92.4 91.7 91.7 90.2

40.0........................................... 91.7 91.0 93.0 92.4 93.0 92.4 91.0 90.2

50.0........................................... 92.4 91.7 93.0 92.4 93.0 92.4 91.7 91.0

60.0........................................... 93.0 92.4 93.6 93.0 93.6 93.0 92.4 91.7

75.0........................................... 93.0 92.4 94.1 93.6 93.6 93.0 93.6 93.0

100.0........................................... 93.0 92.4 94.1 93.6 94.1 93.6 93.6 93.0

125.0........................................... 93.6 93.0 94.5 94.1 94.1 93.6 93.6 93.0

150.0........................................... 93.6 93.0 95.0 94.5 94.5 94.1 93.6 93.0

200.0........................................... 94.5 94.1 95.0 94.5 94.5 94.1 93.6 93.0

--------------------------------------------------------------------------------------------------------------------------------------------------------

Full-Load Efficiencies--Enclosed Motors

--------------------------------------------------------------------------------------------------------------------------------------------------------

1.0........................................... 75.5 74.5 82.5 81.5 80.0 78.5 74.0 72.0

1.5........................................... 82.5 81.5 84.0 82.5 85.5 84.0 77.0 75.5

2.0........................................... 84.0 82.5 84.5 82.5 86.5 85.5 82.5 81.5

3.0........................................... 85.5 84.0 87.5 86.5 87.5 86.5 84.0 82.5

5.0........................................... 87.5 86.5 87.5 86.5 87.5 86.5 85.5 84.0

7.5........................................... 88.5 87.5 89.5 88.5 89.5 88.5 85.5 84.0

10.0........................................... 89.5 88.5 89.5 88.5 89.5 88.5 88.5 87.5

15.0........................................... 90.2 89.5 91.0 90.2 90.2 89.5 88.5 87.5

20.0........................................... 90.2 89.5 91.0 90.2 90.2 89.5 89.5 88.5

25.0........................................... 91.0 90.2 92.4 91.7 91.7 91.0 89.5 88.5

30.0........................................... 91.0 90.2 92.4 91.7 91.7 91.0 91.0 90.2

40.0........................................... 91.7 91.0 93.0 92.4 93.0 92.4 91.0 90.2

50.0........................................... 92.4 91.7 93.0 92.4 93.0 92.4 91.7 91.0

60.0........................................... 93.0 92.4 93.6 93.0 93.6 93.0 91.7 91.0

75.0........................................... 93.0 92.4 94.1 93.6 93.6 93.0 93.0 92.4

100.0........................................... 93.6 93.0 94.5 94.1 94.1 93.6 93.0 92.4

125.0........................................... 94.5 94.1 94.5 94.1 94.1 93.6 93.6 93.0

150.0........................................... 94.5 94.1 95.0 94.5 94.5 94.1 94.1 93.0

200.0........................................... 95.0 94.5 95.0 94.5 95.0 94.5 94.1 93.6

--------------------------------------------------------------------------------------------------------------------------------------------------------

\1\ For many applications, efficiencies greater than those listed are likely to be cost-effective. Guidance for evaluating the cost effectiveness of

energy efficient motor applications is given in RS-43 and RS-44.

401.3 Lighting Power Allowance. The lighting system shall meet the

provisions of subsections 401.3.1 through 401.3.5. As an alternative to

subsections 401.3.1 and 401.3.2, the Lighting Compliance Calculation

Computer Program (LTGSTD21) found in ASHRAE/IES Standard 90.1-1989 for

the building or facility may be used to determine the lighting power

for the building or facility.

401.3.1 Building Exteriors. The total connected exterior lighting

power for the building, or a facility containing multiple buildings,

shall not exceed the total exterior lighting power allowance, which is

the sum of the individual allowances determined from Table 401.3.1. The

individual allowances are determined by multiplying the specific area

or length of each area description times the allowance for that area.

Exceptions are as follows: Lighting for outdoor manufacturing or

processing facilities, commercial greenhouses, outdoor athletic

facilities, public monuments, designated high-risk security areas,

signs, retail storefronts, exterior enclosed display windows, and

lighting specifically required by local ordinances and regulations.

[[Page 40900]]

Table 401.3.1--Exterior Lighting Power Allowance

----------------------------------------------------------------------------------------------------------------

Area Description Allowance

----------------------------------------------------------------------------------------------------------------

Exit (with or without canopy).......................... 25 W/lin ft of door opening.

Entrance (without canopy).............................. 30 W/lin ft of door opening.

Entrance (with canopy):

High Traffic (retail, hotel, airport, theater, 10 W/ft \2\ of canopied area.

etc.).

Light Traffic (hospital, office, school, etc.)..... 4 W/ft \2\ of canopied area.

Loading area........................................... 0.40 W/ft \2\.

Loading door........................................... 20 W/lin ft \2\ of door opening.

Building exterior surfaces/facades..................... 0.25 W/ft \2\ of surface area to be illuminated.

Storage and non-manufacturing work areas............... 0.20 W/ft \2\.

Other activity areas for casual use such as picnic 0.10 W/ft \2\.

grounds, gardens, parks, and other landscaped areas.

Private driveways/walkways............................. 0.10 W/ft \2\.

Public driveways/walkways.............................. 0.15 W/ft \2\

Private parking lots................................... 0.12 W/ft \2\.

Public parking lots.................................... 0.18 W/ft \2\

----------------------------------------------------------------------------------------------------------------

401.3.1.1 Trade-offs of exterior lighting budgets among exterior

areas shall be allowed provided the total connected lighting power of

the exterior area does not exceed the exterior lighting power

allowance. Trade-offs between interior lighting power allowances and

exterior lighting power allowances shall not be allowed.

401.3.2 Building interiors. The total connected interior lighting

power for a building, including adjustments in accordance with

subsection 401.3.3, shall not exceed the total interior lighting power

allowance explained in this paragraph. Using Table 401.3.2a, multiply

the interior lighting power allowance value by the gross lighted area

of the most appropriate building or space activity. For multi-use

buildings, using Table 401.3.2a, select the interior power allowance

value for each activity using the column for the gross lighted area of

the whole building and multiply it by the associated gross area for

that activity. The interior lighting power allowance is the sum of all

the wattages for each area/activity. Using Table 401.3.2b, c, or d,

multiply the interior lighting power allowance values of each

individual area/activity by the area of the space and by the area

factor from Figure 401.3.2e, based on the most appropriate area/

activity provided. The interior lighting power allowance is the sum of

the wattages for each individual space. Use the Lighting Compliance

Calculation Computer Program (LTGSTD21) of RS-1. When over 20% of the

building's tasks or interior areas are undefined, the most appropriate

value for that building from Table 401.3.2a shall be used for the

undefined spaces. Exceptions are as follows:

(a) Lighting power that is an essential technical element for the

function performed in theatrical, stage, broadcasting, and similar

uses.

(b) Specialized medical, dental, and research lighting.

(c) Display lighting for exhibits in galleries, museums, and

monuments.

(d) Lighting solely for indoor plant growth (between the hours of

10:00pm and 6:00am).

(e) Emergency lighting that is automatically off during normal

building operation.

(f) High-risk security areas.

(g) Spaces specifically designed for the primary use by the

physically impaired or aged.

(h) Lighting in dwelling units.

401.3.2.1 Trade-offs of the interior lighting power budgets among

interior spaces shall be allowed provided the total connected lighting

power within the building does not exceed the interior lighting power

allowance. Trade-offs between interior lighting power allowances and

exterior lighting power allowances shall not be allowed.

401.3.2.2 Building/Space Activities. Definitions of buildings/

space activity as they apply to Table 401.3.2a are as follows. These

definitions are necessary to characterize the activities for which

lighting is provided. They are applicable only to Table 401.3.2a. They

are not intended to be used elsewhere in place of building use group

definitions provided in the Building Code. They are not included in

Sec. 434.200, ``Definitions,'' to avoid confusion with ``Occupancy Type

Categories.''

Food service, fast food, and cafeteria: This group includes

cafeterias, hamburger and sandwich stores, bakeries, ice cream parlors,

cookie stores, and all other kinds of retail food service

establishments in which customers are generally served at a counter and

their direct selections are paid for and taken to a table or carried

out.

Garages: This category includes all types of parking garages,

except for service or repair areas.

Leisure dining and bar: This group includes cafes, diners, bars,

lounges, and similar establishments where orders are placed with a wait

person.

Mall concourse, multi-store service: This group includes the

interior of multifunctional public spaces, such as shopping center

malls, airports, resort concourses and malls, entertainment facilities,

and related types of buildings or spaces.

Offices: This group includes all kinds of offices, including

corporate and professional offices, office/laboratories, governmental

offices, libraries, and similar facilities, where paperwork occurs.

Retail: A retail store, including departments for the sale of

accessories, clothing, dry goods, electronics, and toys, and other

types of establishments that display objects for direct selection and

purchase by consumers. Direct selection means literally removing an

item from display and carrying it to the checkout or pick-up at a

customer service facility.

Schools: This category, subdivided by pre-school/elementary, junior

high/high school, and technical/vocational, includes public and private

educational institutions, for children or adults, and may also include

community centers, college and university buildings, and business

educational centers.

Service establishment: A retail-like facility, such as watch

repair, real estate offices, auto and tire service facilities, parts

departments, travel agencies and similar facilities, in which the

customer obtains services rather than the direct selection of goods.

Warehouse and storage: This includes all types of support

facilities, such as warehouses, barns, storage buildings,

[[Page 40901]]

shipping/receiving buildings, boiler or mechanical buildings, electric

power buildings, and similar buildings where the primary visual task is

large items.

401.3.2.--Tables and Figures, Table 401.3.2a, Interior Lighting Power Allowance W/ft2

----------------------------------------------------------------------------------------------------------------

Gross lighted area of total building

-----------------------------------------------------------------------------

Building Space Activity1, 2 0 to 2,000 2,001 to 10,001 to 25,001 to 50,001 to >250,000

ft2 10,000 ft2 25,000 ft2 50,000 ft2 250,000 ft2 ft2

----------------------------------------------------------------------------------------------------------------

Food Service:

Fast Food/Cafeteria........... 1.50 1.38 1.34 1.32 1.31 1.30

Leisure Dining/Bar............ 2.20 1.91 1.71 1.56 1.46 1.40

Offices........................... 1.90 1.81 1.72 1.65 1.57 1.50

Retail \3\........................ 3.30 3.08 2.83 2.50 2.28 2.10

Mall Concourse Multi-store Service 1.60 1.58 1.52 1.46 1.43 1.40

Service Establishment............. 2.70 2.37 2.08 1.92 1.80 1.70

Garages........................... 0.30 0.28 0.24 0.22 0.21 0.20

Schools:

Preschool/Elementary.......... 1.80 1.80 1.72 1.65 1.57 1.50

Jr. High/High School.......... 1.90 1.90 1.88 1.83 1.76 1.70

Technical/Vocational.......... 2.40 2.33 2.17 2.01 1.84 1.70

Warehouse/Storage................. 0.80 0.66 0.56 0.48 0.43 0.40

----------------------------------------------------------------------------------------------------------------

1 If at least 10% of the building area is intended for multiple space activities, such as parking, retail, and

storage in an office building, then calculate for each separate building type/space activity.

2 The values in the categories are building wide allowances which include the listed activity and directly

related facilities such as conference rooms, lobbies, corridors, restrooms, etc.

3 Includes general, merchandising, and display lighting.

Table 401.3.2b.--Unit Interior Lighting Power Allowance

------------------------------------------------------------------------

Common area/activity UPD W/ft \2\

------------------------------------------------------------------------

Auditorium \2\.......................................... 1.4

Corridor \3\............................................ 0.8

Classroom/Lecture Hall.................................. 2.0

Electrical/Mechanical Equipment Room:

General \3\......................................... 0.7

Control Rooms \3\................................... 1.5

Food Service:

Fast Food/Cafeteria................................. 1.3

Leisure Dining \4\.................................. 1.4

Bar/Lounge \4\...................................... 2.5

Kitchen............................................. 1.4

Recreation/Lounge....................................... 0.7

Stair:

Active Traffic...................................... 0.6

Emergency Exit...................................... 0.4

Toilet and Washroom..................................... 0.8

Garage:

Auto & Pedestrian Circulation Area.................. 0.3

Parking Area........................................ 0.2

Laboratory.............................................. 2.2

Library:

Audio Visual........................................ 1.1

Stack Area.......................................... 1.1

Card File & Cataloging.............................. 0.8

Reading Area........................................ 1.1

Lobby (General):

Reception & Waiting................................. 1.0

Elevator Lobbies.................................... 0.4

Atrium (Multi-Story):

First 3 Floors...................................... 0.7

Each Additional Floor............................... 0.2

Locker Room and Shower.................................. 0.8

Office Category 1

Enclosed offices, all open plan offices w/o partitions

or w/partitions \6\ lower than 4.5 ft below the

ceiling:\5\

Reading, Typing and Filing.......................... 1.5

Drafting............................................ 1.9

Accounting.......................................... 1.6

Office Category 2

Open plan offices 900 ft2 or larger w/partitions \6\ 3.5

to 4.5 ft below the ceiling. Offices less than 900 ft

\2\ shall use category 1:\3\

Reading, Typing and Filing.......................... 1.5

Drafting............................................ 2.0

Accounting.......................................... 1.8

[[Page 40902]]

Office Category 3

Open plan offices 900 ft \2\ or larger w/partitions*

higher than 3.5 ft below the ceiling. Offices less than

900 ft \2\ shall use category 1:\3\

Reading, Typing and Filing.......................... 1.7

Drafting............................................ 2.3

Accounting.......................................... 1.9

Common Activity Areas:

Conference/Meeting Room \2\......................... 1.3

Computer/Office Equipment............................... 1.1

Filing, Inactive........................................ 1.0

Mail Room............................................... 1.8

Shop (Non-Industrial):

Machinery........................................... 2.5

Electrical/Electronic............................... 2.5

Painting............................................ 1.6

Carpentry........................................... 2.3

Welding............................................. 1.2

Storage & Warehouse:

Inactive Storage.................................... 0.2

Active Storage, Bulky............................... 0.3

Active Storage, Fine................................ 0.9

Material Handling................................... 1.0

Unlisted Space.......................................... 0.2

------------------------------------------------------------------------

\1\ Use a weighted average UPD in rooms with multiple simultaneous

activities, weighted in proportion to the area served.

\2\ A 1.5 power adjustment factor is applicable for multi-function

spaces when a supplementary system having independent controls is

installed that has installed power 33% of the adjusted

lighting power for that space.

\3\ Area factor of 1.0 shall be used for these spaced.

\4\ UPD includes lighting power required for clean-up purposes.

\5\ Area factor shall not exceed 1.55.

Table 401.3.2c.--Unit Interior Lighting Power Allowance

------------------------------------------------------------------------

Specific building area/activity \1\ UPD W/ft \2\

------------------------------------------------------------------------

Airport, Bus and Rail Station:

Baggage Area........................................ 0.8

Concourse/Main Thruway.............................. 0.9

Ticket Counter...................................... 2.0

Waiting & Lounge Area............................... 0.8

Bank:

Customer Area....................................... 1.0

Banking Activity Area............................... 2.2

Barber & Beauty Parlor.................................. 1.6

Church, Synagogue, Chapel:

Worship/Congregational.............................. 1.7

Preaching & Sermon/Choir............................ 1.8

Dormitory:

Bedroom............................................. 1.0

Bedroom w/Study..................................... 1.3

Study Hall.......................................... 1.2

Fire & Police Department:

Fire Engine Room.................................... 0.7

Jail Cell........................................... 0.8

Hospital/Nursing Home:

Corridor \5\........................................ 1.3

Dental Suite/Examination/Treatment.................. 1.6

Emergency........................................... 2.0

Laboratory.......................................... 1.7

Lounge/Waiting Room................................. 0.9

Medical Supplies.................................... 2.4

Nursery............................................. 1.6

Nurse Station....................................... 1.8

Occupational Therapy/Physical Therapy............... 1.4

Patient Room........................................ 1.2

Pharmacy............................................ 1.5

Radiology........................................... 1.8

Surgical & OB Suites................................ 1.8

General Area........................................ 6.0

Operating Room...................................... 2.0

Recovery............................................ 2.0

Hotel/Conference Center:

Banquet Room/Multipurpose \2\....................... 1.7

[[Page 40903]]

Bathroom/Powder Room................................ 1.2

Guest Room.......................................... 0.9

Public Area......................................... 1.0

Exhibition Hall..................................... 1.8

Conference/Meeting \3\.............................. 1.5

Lobby............................................... 1.5

Reception Desk...................................... 2.4

Laundry:

Washing............................................. 0.9

Ironing & Sorting................................... 1.3

Museum & Gallery:

General Exhibition.................................. 1.9

Inspection/Restoration.............................. 3.0

Storage (Artifacts):

Inactive............................................ 0.6

Active.............................................. 0.7

Post Office:

Lobby............................................... 1.1

Sorting and Mailing................................. 2.1

Service Station/Auto Repair............................. 0.8

Theater:

Performance Arts.................................... 1.3

Motion Picture...................................... 1.0

Lobby............................................... 1.3

Retail Establishments--Merchandising and Circulation

Area (Applicable to all lighting, including accent and

display lighting, installed in merchandising and

circulation areas)

Type 1: Jewelry merchandising, where minute examination

of displayed merchandise is critical................... 5.6

Type 2: Fine merchandising, such as fine apparel and

accessories, china, crystal, and silver art galleries

and where the detailed display and examination of

merchandising is important............................. 2.9

Type 3: Mass merchandising, such as general apparel,

variety goods, stationary, books, sporting goods, hobby

materials, cameras, gifts, and luggage, displayed in a

warehouse type of building, where focused display and

detailed examination of merchandise is important....... 2.7

Type 4: General merchandising, such as general apparel,

variety goods, stationary, books, sporting goods, hobby

materials, cameras, gifts, and luggage, displayed in a

department store type of building, where general

display and examination of merchandise is adequate..... 2.3

Type 5: Food and miscellaneous such as bakeries,

hardware and housewares, grocery stores, appliance and

furniture stores, where pleasant appearance is

important..............................................

Type 6: Service establishments, where functional

performance is important............................... 2.4

Mall Concourse

Retail Support Areas

Tailoring

Dressing/Fitting Rooms

2.6

1.4

2.1

1.1

------------------------------------------------------------------------

\1\ Use a weighted average UPD in rooms with multiple simultaneous

activities, weighted in proportion to the area served.

\2\ A 1.5 power adjustment factor is applicable for multi-function

spaces when a supplementary system having independent controls is

installed that has installed power 33% of the adjusted lighting power

for that space.

\3\ Area factor or 1.0 shall be used for these spaces.

\4\ UPD includes lighting power required for clean-up purpose.

\5\ Area factor shall not exceed 1.55.

\6\ Not less than 90 percent of all work stations shall be individually

enclosed with partitions of at least the height described.

Table 401.3.2d.--Unit Interior Lighting Power Allowance

------------------------------------------------------------------------

Indoor athletic area/activity 3, 6 UPD W/ft 2

------------------------------------------------------------------------

Seating Area, All Sports................................ 0.4

Badminton:

Club................................................ 0.5

Tournament.......................................... 0.8

Basketball/Volleyball:

Intramural.......................................... 0.8

College............................................. 1.3

Professional........................................ 1.9

Bowling:

Approach Area....................................... 0.5

Lanes............................................... 1.1

Boxing or Wrestling (platform):

Amateur............................................. 2.4

[[Page 40904]]

Professional........................................ 4.8

Gymnasium:

General Exercising and Recreation Only.............. 1.0

Handball/Racquetball/Squash:

Club................................................ 1.3

Tournament.......................................... 2.6

Hockey, Ice:

Amateur............................................. 1.3

College or Professional............................. 2.6

Skating Rink:

Recreational........................................ 0.6

Exhibition/Professional............................. 2.6

Swimming:

Recreational........................................ 0.9

Exhibition.......................................... 1.5

Underwater.......................................... 1.0

Tennis:

Recreational (Class III)............................ 1.3

Club/College (Class II)............................. 1.9

Professional (Class I).............................. 2.6

Tennis, Table:

Club................................................ 1.0

Tournament.......................................... 1.6

------------------------------------------------------------------------

1 Use a weighted average UPD in rooms with multiple simultaneous

activities, weighted in proportion to the area served.

2 A 1.5 power adjustment factor is applicable for multi-function spaces

when a supplementary system having independent controls is installed

that has installed power 33% of the adjusted lighting power

for that space.

3 Area factor of 1.0 shall be used for these spaces.

4 UPD includes lighting power required for clean-up purpose.

5 Area factor shall not exceed 1.55.

6 Consider as 10 ft. beyond playing boundaries but less than or equal to

the total floor area of the sports space minus spectator seating area.

BILLING CODE 6450-01-P

[[Page 40905]]

[GRAPHIC] [TIFF OMITTED] TP06AU96.000

Billing Code 6450-01-C

401.3.3 Lighting Power Control Credits. The interior connected

lighting power determined in accordance with Sec. 434.401.3.2 can be

decreased for luminaries that are automatically controlled for

occupancy, daylight, lumen maintenance, or programmable timing. The

adjusted interior connected lighting power shall be determined by

subtracting the sum of all lighting power control credits from the

interior connected lighting power. Using Table 401.3.3, the lighting

power control credit equals the power adjustment factor times the

connected lighting power of the controlled lighting. The lighting power

adjustment shall be applied with the following limitations:

(a) It is limited to the specific area controlled by the automatic

control device.

(b) Only one lighting power adjustment may be used for each

building space or luminaire, and 50 percent or more of the controlled

luminaire shall be within the applicable space.

(c) Controls shall be installed in series with the lights and in

series with all manual switching devices.

(d) When sufficient daylight is available, daylight sensing

controls shall be capable of reducing electrical power consumption for

lighting (continuously or in steps) to 50 percent or less of maximum

power consumption.

(e) Daylight sensing controls shall control all luminaires to which

the adjustment is applied and that direct a minimum of 50 percent of

their light output into the daylight zone.

(f) Programmable timing controls shall be able to program different

schedules for occupied and unoccupied days, be readily accessible for

temporary override with automatic return to the original schedule, and

keep time during power outages for at least four hours.

Table 401.3.3.--Lighting Power Adjustment Factors

------------------------------------------------------------------------

Automatic control devices PAF

------------------------------------------------------------------------

(1) Daylight Sensing controls (DS), continuous dimming. 0.30

(2) DS, multiple step dimming.......................... 0.20

(3) DS, ON/OFF......................................... 0.10

(4) DS continuous dimming and programmable timing...... 0.35

(5) DS multiple step dimming and programmable timing... 0.25

(6) DS ON/OFF and programmable timing.................. 0.15

(7) DS continuous dimming, programmable timing, and

lumen maintenance...................................... 0.40

(8) DS multiple step dimming, programmable timing, and

lumen maintenance...................................... 0.30

(9) DS ON/OFF, programmable timing, and lumen

maintenance............................................ 0.20

(10) Lumen maintenance control.......................... 0.10

(11) Lumen maintenance and programmable timing control.. 0.15

(12) Programmable timing control........................ 0.15

[[Page 40906]]

(13) Occupancy sensor (OS).............................. 0.30

(14) OS and DS, continuous dimming...................... 0.40

(15) OS and DS, multiple-step dimming................... 0.35

(16) OS and DS, ON/OFF.................................. 0.35

(17) OS, DS continuous dimming, and lumen maintenance... 0.45

(18) OS, DS multiple-step dimming and lumen maintenance. 0.40

(19) OS, DS ON/OFF, and lumen maintenance............... 0.35

(20) OS and lumen maintenance........................... 0.35

(21) OS and programmable timing control................. 0.35

------------------------------------------------------------------------

401.3.4 Lighting Controls

401.3.4.1 Type of Lighting Controls. All lighting systems shall

have controls, with the exception of emergency use or exit lighting.

401.3.4.2 Number of Manual Controls. Spaces enclosed by walls or

ceiling-high partitions shall have a minimum of one manual control (on/

off switch) for lighting in that space. Additional manual controls

shall be provided for each task location or for each group of task

locations within an area of 450 ft\2\ or less. For spaces with only one

lighting fixture or with a single ballast, one manual control is

required. Exceptions are as follows:

401.3.4.2.1 Continuous lighting for security;

401.3.4.2.2 Systems in which occupancy sensors, local programmable

timers, or three-level (including OFF) step controls or preset dimming

controls are substituted for manual controls at the rate of one for

every two required manual controls, providing at least one control is

installed for every 1500 watts of power.

401.3.4.2.3 Systems in which four-level (including OFF) step

controls or preset dimming controls or automatic or continuous dimming

controls are substituted for manual controls at a rate of one for every

three required manual controls, providing at least one control is

installed for every 1500 watts of power.

401.3.4.2.4 Spaces that must be used as a whole, such as public

lobbies, retail stores, warehouses, and storerooms.

401.3.4.3 Multiple Location Controls. Manual controls that operate

the same load from multiple locations must be counted as one manual

control.

401.3.4.4 Control Accessibility. Lighting controls shall be

readily accessible from within the space controlled. Exceptions are as

follows: Controls for spaces that are be used as a whole, automatic

controls, programmable controls, controls requiring trained operators,

and controls for safety hazards and security.

401.3.4.5 Hotel and Motel Guest Room Control. Hotel and motel

guest rooms and suites shall have at least one master switch at the

main entry door that controls all permanently wired lighting fixtures

and switched receptacles excluding bathrooms. The following exception

applies: Where switches are provided at the entry to each room of a

multiple-room suite.

401.3.4.6 Switching of Exterior Lighting. Exterior lighting not

intended for 24-hour use shall be automatically switched by either

timer or photocell or a combination of timer and photocell. When used,

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