Vermont § 51 - Residential building energy standards; stretch code

§ 51. Residential building energy standards; stretch code

• (a) Definitions. In this subchapter, the following definitions apply: (1) “Builder” means the general contractor or other person in charge of construction,
  who has the power to direct others with respect to the details to be observed in construction. (2) “Residential buildings” means one-family dwellings, two-family dwellings, and multi-family
  housing three stories or less in height. (A) With respect to a structure that is three stories or less in height and is a mixed-use
  building that shares residential and commercial users, the term “residential building”
  shall include the living spaces in the structure and the nonliving spaces in the structure
  that serve only the residential users such as common hallways, laundry facilities,
  residential management offices, community rooms, storage rooms, and foyers. (B) “Residential buildings” shall not include hunting camps. (3) “Residential construction” means new construction of residential buildings, and the
  construction of additions, alterations, renovations, or repairs to an existing residential
  building. (4) “IECC” means the International Energy Conservation Code of the International Code
  Council. (5) “Stretch code” means a building energy code for residential buildings that achieves
  greater energy savings than the RBES and is adopted in accordance with subsection
  (d) of this section. (b) Adoption of Residential Building Energy Standards (RBES). Residential construction shall be in compliance with the standards adopted by the
  Commissioner of Public Service in accordance with subsection (c) of this section. (c) Revision and interpretation of energy standards. The Commissioner of Public Service shall amend and update the RBES by means of administrative
  rules adopted in accordance with 3 V.S.A. chapter 25. On or before January 1, 2011, the Commissioner shall complete rulemaking to amend
  the energy standards to ensure that, to comply with the standards, residential construction
  must be designed and constructed in a manner that complies with the 2009 edition of
  the IECC. After January 1, 2011, the Commissioner may direct the timely and appropriate
  revision of the RBES after the issuance of updated standards for residential construction
  under the IECC. The Department of Public Service shall provide technical assistance
  and expert advice to the Commissioner in the interpretation of the RBES and in the
  formulation of specific proposals for amending the RBES. Prior to final adoption of
  each required revision of the RBES, the Department of Public Service shall convene
  an Advisory Committee to include one or more mortgage lenders, builders, building
  designers, utility representatives, and other persons with experience and expertise,
  such as consumer advocates and energy conservation experts. The Advisory Committee
  may provide the Commissioner with additional recommendations for revision of the RBES. (1) Any amendments to the RBES shall be: (A) consistent with duly adopted State energy policy, as specified in section 202a of this title, and consistent with duly adopted State housing policy; (B) evaluated relative to their technical applicability and reliability; and (C) cost-effective and affordable from the consumer’s perspective. (2) Each time the RBES are amended by the Commissioner, the amended RBES shall become
  effective upon a date specified in the adopted rule, a date that shall not be less
  than three months after the date of adoption. Persons commencing residential construction
  before the effective date of the amended RBES shall have the option of complying with
  the applicable provisions of the earlier or the amended RBES. After the effective
  date of the original or the amended RBES, any person commencing residential construction
  shall comply with the most recent version of the RBES. (3) In the first cycle of revision of the RBES, the Commissioner shall establish standards
  for ventilation and shall consider revisions, including: (A) a requirement for sealed combustion, induced or forced draft combustion equipment
  when exhaust-only ventilation systems are installed; and (B) a requirement for adequate replacement air ducted directly to the combustion area
  of wood and pellet stoves and fireplaces. (4)(A) As the Model Energy Code is primarily a performance-based code, the Department of
  Public Service shall develop and disseminate criteria that builders may use in lieu
  of any computer software, calculations and trade-off worksheets, or systems analysis
  to comply with the Code. An example package that complies with the Code shall be included
  in the rules and updated as appropriate. (B) To provide for flexibility, additional packages that are equivalent to the example
  package under chapter 9 of the Model Energy Code and that satisfy the performance
  approach shall be developed by July 1, 1997 and disseminated by the Department of
  Public Service. Each time the RBES are amended by the Commissioner, the Department
  of Public Service shall develop modified compliance packages that will become available
  to the public by the date that the amendment becomes effective. (5) A home energy rating conducted at the time of construction by a Vermont-accredited
  home energy rating organization shall be an acceptable means of demonstrating compliance
  if the rating indicates energy performance equivalent to the RBES. (6) The Advisory Committee convened under this subsection, in preparing for the RBES update
  required on or about January 1, 1999, shall advise the Commissioner of Public Service
  with respect to the coordination of the RBES amendments with existing and proposed
  demand-side management programs offered in the State. (d) Stretch code. The Commissioner may adopt a stretch code by rule. This stretch code shall meet the
  requirements of subdivision (c)(1) of this section. The stretch code shall be available
  for adoption by municipalities under 24 V.S.A. chapter 117 and, on final adoption by the Commissioner, shall apply in proceedings under 10 V.S.A. chapter 151 (Act 250) in accordance with subsection (e) of this section. (e) Role of RBES and stretch code in Act 250. Substantial and reliable evidence of compliance with the RBES and, when adopted, the
  stretch code established and updated under this section shall serve as a presumption
  of compliance with 10 V.S.A. § 6086(a)(9)(F), except no presumption shall be created insofar as compliance with subdivision (a)(9)(F)
  involves the role of electric resistance space heating. In attempting to rebut a presumption
  of compliance created under this subsection, a challenge may only focus on the question
  of whether or not there will be compliance with the RBES and stretch code established
  and updated under this subsection. A presumption under this subsection may not be
  overcome by evidence that the RBES and stretch code adopted and updated under this
  section fail to comply with 10 V.S.A. § 6086(a)(9)(F). (f) Certification. (1) Issuance; recording. A certification may be issued by a builder, a licensed professional engineer, a licensed
  architect, or an accredited home energy rating organization. If certification is not
  issued by a licensed professional engineer, a licensed architect, or an accredited
  home energy rating organization, it shall be issued by the builder. Any certification
  shall certify that residential construction meets the RBES. The Department of Public
  Service will develop and make available to the public a certificate that lists key
  features of the RBES. Any person certifying shall use this certificate or one substantially
  like it to certify compliance with the RBES. Certification shall be issued by completing
  and signing a certificate and permanently affixing it to the outside of the heating
  or cooling equipment, to the electrical service panel located inside the building,
  or in a visible location in the vicinity of one of these three areas. The certificate
  shall certify that the residential building has been constructed in compliance with
  the requirements of the RBES. The person certifying under this subsection shall provide
  a copy of each certificate to the Department of Public Service and shall ensure that
  a certificate is recorded and indexed in the town land records. A builder may contract
  with a licensed professional engineer, a licensed architect, or an accredited home
  energy rating organization to issue certification and to indemnify the builder from
  any liability to the owner of the residential construction caused by noncompliance
  with the RBES. (2) Condition precedent. Provision of a certificate as required by subdivision (1) of this subsection shall
  be a condition precedent to: (A) issuance by the Commissioner of Public Safety or a municipal official acting under
  20 V.S.A. § 2736 of any final occupancy permit required by the rules of the Commissioner of Public
  Safety for use or occupancy of residential construction commencing on or after July
  1, 2013 that is also a public building as defined in 20 V.S.A. § 2730(a); and (B) issuance by a municipality of a certificate of occupancy for residential construction
  commencing on or after July 1, 2013, if the municipality requires such a certificate
  under 24 V.S.A. chapter 117. (g) Action for damages. (1) Except as otherwise provided in this subsection, a person aggrieved by noncompliance
  with this section may bring a civil action against a person who has the obligation
  of certifying compliance under subsection (e) of this section. The person may seek
  injunctive relief, damages, court costs, and attorney’s fees. As used in this subdivision,
  “damages” means: (A) costs incidental to increased energy consumption; and (B) labor, materials, and other expenses associated with bringing the structure into compliance
  with RBES in effect on the date construction was commenced. (2) A person’s failure to affix the certification as required by this section shall not
  be an affirmative defense in such an action against the person. (3) The rights and remedies created by this section shall not be construed to limit any
  rights and remedies otherwise provided by law. (h) Applicability and exemptions. The construction of a residential addition to a building shall not create a requirement
  that the entire building comply with this subchapter. The following residential construction
  shall not be subject to the requirements of this subchapter: (1) Buildings or additions whose peak energy use design rate for all purposes is less
  than 3.4 BTUs per hour, per square foot, or less than one watt per square foot of
  floor area. (2) Homes subject to Title VI of the National Manufactured Housing Construction and Safety
  Standards Act of 1974 (42 U.S.C. §§ 5401-5426). (3) Buildings or additions that are neither heated nor cooled. (4) Residential construction by an owner, if all of the following apply: (A) The owner of the residential construction is the builder, as defined under this section. (B) The residential construction is used as a dwelling by the owner. (C) The owner in fact directs the details of construction with regard to the installation
  of materials not in compliance with RBES. (D) The owner discloses in writing to a prospective buyer, before entering into a binding
  purchase and sales agreement, with respect to the nature and extent of any noncompliance
  with RBES. Any statement or certificate given to a prospective buyer shall itemize
  how the home does not comply with RBES and shall itemize which measures do not meet
  the RBES standards in effect at the time construction commenced. Any certificate given
  under this subsection (h) shall be recorded in the land records where the property
  is located and sent to the Department of Public Service within 30 days following sale
  of the property by the owner. (i) Title validity not affected. A defect in marketable title shall not be created by a failure to issue certification
  or a certificate, as required under subsection (f) or subdivision (h)(4) of this section,
  or by a failure under that subsection to affix a certificate; to provide a copy of
  a certificate to the Department of Public Service; or to record and index a certificate
  in the town records. (Added 1997, No. 20, § 1; amended 2005, No. 208 (Adj. Sess.), § 7; 2007, No. 92 (Adj. Sess.), § 8; 2009, No. 45, § 11, eff. May 27, 2009; 2009, No. 159 (Adj. Sess.), § 18b, eff. June 4, 2010; 2011, No. 47, § 20t, eff. May 25, 2011; 2013, No. 89, §§ 6, 11; 2017, No. 74, § 121; 2023, No. 85 (Adj. Sess.), § 349, eff. July 1, 2024; 2023, No. 151 (Adj. Sess.), § 3, eff. June 3, 2024.)