3034080, 9B-60 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3034080

Notice of Proposed Rule

Department:

DEPARTMENT OF COMMUNITY AFFAIRS

Division:

Division of Housing and Community Development

Chapter:

FLORIDA BUILDING ENERGY RATING SYSTEM

Overview

RULE:

9B-60	FLORIDA BUILDING ENERGY RATING SYSTEM
9B-60.002	Definitions (Transferred)
9B-60.003	Department Activities (Transferred)
9B-60.004	Florida Building Energy Rating System, Adopted (Transferred)
9B-60.005	Training and Certification Program (Transferred)
9B-60.007	Florida Building Energy Rating System, Existing Public Buildings (Transferred)
9B-60.008	RESNET Standards, Adopted (Transferred)

PURPOSE:

Section 553.992, Part XI, F.S., requires the Department of Community Affairs (the Department) to update the Building Energy-Efficiency Rating System in accordance with the procedures of Chapter 120, F.S. Section 553.995(2), F.S., requires the BERS program to be compatible with standard federal rating systems and state building codes and standards, where applicable. The proposed rule changes coincide with changes made to the national standard governing home energy rating systems. Updating to this standard allows Florida to maintain its accreditation with the National Association of State Energy Officials (NASEO), which has positioned itself to provide certifications for buildings whose owners wish to claim federal tax credits from the Internal Revenue Service.
Although the effect of upgrading to a new computer program initially causes a divergence between the BERS program and Florida’s energy code, both the energy code and the BERS rating reports provide information required by Section 553.902, F.S.: levels of insulation, the amount and type of glass, and the HVAC and water heating system efficiencies. Efforts to ameliorate this divergence in compliance tools include a translation program to take code compliance files and transfer the information to the BERS program, and a proposal to upgrade the energy code to the EnergyGauge USA program during the 2007 code update cycle. The EPL Display Card referenced in Section 553.9085, F.S., currently utilizes an Estimated Energy Performance Score, which mimics the current Class 3 BERS rating. This “score” will be maintained until the code is changed.
The revised standard proposed as a change to Rule 9B-60.008, F.A.C., the 2006 Mortgage Industry National Home Energy Rating Systems Standards (HERS), amended November 7, 2005, requires the following additional changes to the program. These changes are reflected in the proposed revisions to Chapter 9B-60, F.A.C.:
The HERS Score is changed to a HERS Index with the Reference Standard for a home becoming a ratio when compared to the Design home.
The ratings will no longer be based on the Florida energy code because the computer program used to calculate energy code compliance is not capable of meeting the new National HERS Standards. Rather, the program will utilize the EnergyGauge USA program, which meets the new Standards.
Class 1 raters will be required by the Standards to pass the RESNET National Core Exam. Recertification of raters will no longer require peer review and reevaluation.
Reporting of ratings will be via website upload.
A Form 300 request was made during the Rule Development process to clarify that sampling is not an acceptable rating procedure in Florida, which is incorporated into subsection 9B-60.004(2), F.A.C.

SUMMARY:

RULEMAKING AUTHORITY:

553.992, 553.994, 553.998 FS.

LAW:

553.992, 553.995, 553.995(1), (1)(c), (4), 553.996 FS.

PRINT PUBLISH DATE:

10/13/2006 Vol. 32/41

COMMENTS:

From 10/13/2006 To 11/3/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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