4792981, 9B-60.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4792981

Notice of Development of Rulemaking

Department:

DEPARTMENT OF COMMUNITY AFFAIRS

Division:

Division of Housing and Community Development

Chapter:

FLORIDA BUILDING ENERGY RATING SYSTEM

Overview

RULE:

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 VIII, 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 federal rating systems and state building codes and standards, where applicable. The proposed rule changes coincide with changes made to a national standard for home energy rating systems that is promulgated by the National Association of State Energy Officials (NASEO). Updating to this standard allows Florida to maintain its accreditation with NASEO, which has positioned itself to provide certifications for builders wishing 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 offset this divergence in compliance tools include a translation program to take code compliance files and transfer the information to the BERS program, and upgrading 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 May 10, 2007, requires the following additional changes to the program. These changes are reflected in the proposed revisions to Chapter 9B-60, F.A.C.:
1. 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.
2. 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 ResRate 2006 program which meets the new Standards.
3. 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.
4. Reporting of ratings will be via website upload.
5. The rule will prohibit the practice of representative sampling of multiple homes in BERS ratings, requiring ratings to be specific to one residence.
6. Florida’s commercial building rating computer program has been updated to Energy Gauge Summit Com/Rate-2004.

SUBJECT:

Adopts the 2006 Mortgage Industry National Home Energy Rating Systems Accreditation Standards, amended May 10, 2007, promulgated by the Residential Energy Services Network (RESNET) and the National Association of State Energy Officials, and amends applicable portions of the rule to reflect this change. Changes name of Home Energy Rating System “HERS Score” to “HERS Index” and amends definition of HERS Index to make it consistent with the 2006 Mortgage Industry National Home Energy Rating Systems Standards. Provides that the HERS Index will be determined using the software system called EnergyGauge7 USA, ResRate 2006. Amends certification requirements for Raters to include achievement of a passing score on the RESNET National Core Exam.

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:

11/2/2007 Vol. 33/44

RELATED STATUTES
AND LAWS:

553.992, 553.994, 553.998 FS., 553.992, 553.995, 553.995(1), (1)(c), (4), 553.996 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=9B-60.002&PDate=11/2/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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