Introductory Presentation to:

Construction Industries Division (CID)

Achieving 90%
Energy Code Compliance in
NM by 2017
Presented by:
Cosimina Panetti, CEM, LEED AP

February 10th, 2010

 BCAP – Building Codes Assistance Project
Non-profit, created in 1994 to assist states in adopting
and implementing building energy codes

o Joint initiative of
1. Alliance to Save Energy
2. Natural Resource Defense Council (NRDC)
3. American Council for an Energy Efficient Economy

o Deliver:
1. Coordination and direct assistance on behalf of U.S. DOE
2. Policy and technical support
3. Tools and resources
 !
US Compliance rates

Compliance
State Energy Code Rate
Arkansas 92 MEC 55%
California Title 24 70%
Idaho 1996 IRES 52%
Nevada Various 42% to 9%
New York 2002 NYRes 0%
Oregon 2003 OREC 100%
Washington 1997 WSEC 93%
Non-Compliant Construction Practices
 Why is Compliance Low?

o Little/no enforcement
o Lack of knowledge
o Inconsistency
 Barriers to Compliance
o Little/no enforcement
1. Low priority
2. Insufficient resources
3. Low political will (pressure from
builders/developers)
Barriers to Compliance - Resources
Residential code
Current practice:
1.25 hours for building plan review & inspection

Recommended:
2.5 hours for building plan review & inspection
29 hours per year in training

Note: does not include vehicle, equipment, office expense or time needed
to travel to building sites
 Barriers to Compliance

Lack of knowledge
1. Builders don’t understand energy efficiency
2. Code officials don’t have expertise or training
3. Architects learn design, not building
science/performance
4. Consumers ASSUME codes assure energy efficiency
 Barriers to Compliance
o Inconsistency/lack of standard protocols
1. Record-keeping
2. Interpretation and
application of code
requirements
 How to Improve Compliance

1. Improve enforcement and visibility/priority

of energy code.

2. Improve the understanding of the energy

code.

3. Improve the consistency of code

enforcement.
 Improve Enforcement/Visibility/Priority of Code

o Provide sufficient budget & staff

o Link codes to national/state/local goals &
priorities
o Support reviews/permitting/inspections with
technology
o Existing buildings: use time-of-sale or other
requirements to measure performance
Improve Enforcement/Visibility/Priority of Code

o Link financial assistance to

compliance
o Make data publicly available
o Withhold certificates of
occupancy on non-compliant
buildings
o Inspect and test buildings
 Improve Understanding of Codes

• Mandate certification/training requirements

• Provide consistent training content
• Train officials and builders together
• Develop and use regional code experts
• Use compliance failures to adjust training content
• Hold field training sessions for all parties
 Improve Consistency of Code Enforcement

• Standardize practice & procedures

• Permit requirements
• Record-keeping
• Plan review and inspection protocol
• Code interpretations

• Link plan review & permits to site inspection

• Conduct site inspections to coincide with critical
compliance milestones
 Enforcement Structures

Self-Certify
State or Local &
Government Judicial Third Party
Employees
Enforcement
BCAPs work: State, Local, International

o Assistance on adoption
1. Engaging key stakeholders
2. Providing exemplary legislative models

o Assistance on implementation
1. Compliance assurance through outreach, curriculum
development, new approaches in training, etc.
2. Enforcement assistance to address barriers identified
3. Gap Analysis (15 states + AL, NE, MO)
4. Strategic Compliance Plans (10 states + NV, MI, NE, MO)
 Gap Analysis

o Adoption, Implementation, Stakeholders

o Research
o Findings
o Recommendations
o Next step – Strategic Compliance Plan
 BEST PRACTICE (Enable/Empower)
Code Adoption Policy
o Solicit Pacific Northwest National
Laboratory (PNNL) to create a state-
specific REScheck and COMcheck
compliance software tools. (p. 16)
o Invite affordable housing groups, such as
the state’s official housing agency, the
New Mexico Mortgage Finance
Authority or another consumer
advocacy group that offer the concerns
and issues for low-income individuals
(Code Change Committee and the
appropriate Technical Advisory
Committees) (p. 17)
o Adopt advanced building practices such
as ENERGY STAR, Build Green New
Mexico, or LEED-based for state-funded
buildings. (p. 19)
o CID or RLD should engage and strategize
with utilities and cooperatives on code
development and compliance programs.
(p. 23)
o Recommendation #5a: The state should encourage
builders to attend a Building America-sponsored
training (see
http://eeba.org/housesthatwork/index.html for
locations)
o Recommendation #5b: Awards presented by CID or
EMNRD to builders who achieve the Energysmart (or
equivalent) certification in order to raise public
awareness and drive demand for energy efficiency and
raise the bar in New Mexico for high performance
homes.
o Create a third party infrastructure for
such aspects as the Blower-Door test
and Duct-Blaster, which is required in
the new code. (p. 23)
 Action
Policy to effect Compliance -Outreach
o GAP: Sustained funding for energy codes
o Recommendation #6: The state needs to look
beyond Recovery Act funding and begin to
strategize long term for funding for compliance of
the energy code in the future.
o GAP: Handbook for NM Building Officials is
outdated
o Recommendation #9: The state could help fund a
o GAP: There is disengagement between CID and newer edition of The Handbook for New Mexico
“full-service” jurisdictions Building Officials. The last edition is from 2007 and
o Recommendation #7: To ensure statewide is the product of the Joint Practice Committee,
enforcement and a 90% compliance rate, local which consists of the New Mexico Board of
jurisdictions must also be onboard. This calls for Examiners for Architects, the New Mexico Board
additional outreach and sharing of resources with of Licensure for Professional Engineers and
special attention to “full-service” building Professional Surveyors, and the New Mexico
departments. Joint training opportunities are Board of Landscape Architects. A new section
another welcomed collaboration cited by several specifically for the NMECC could be added and
building officials. include information regarding the updates from
the previous code and quick references or
frequently asked questions on compliance.
1. NMCBO’s strategic plan can be found here:
o GAP: The relationship between the state and the http://nmcbo.com/docs/NMCBO%206%20year
%20Strategic%20Plan%20rev1.pdf
NMCBO needs consideration
o Recommendation #8: Establish a good working 2. The 2007 edition of The Handbook for New
relationship with the ICC chapter, New Mexico Mexico Building Officials :
Conference of Building Officials (NMCBO). http://nmbea.org/images/Links/68-Handbook%
2520NM%2520Board_WebBook.pdf
NMCBO holds an annual spring training event
where CID could have direct contact and develop
relationships with the building community. CID
could also provide insight and help NMCBO meet
 Action
Policy to effect Compliance - Training
o GAP: Funding to attend training has dwindled o GAP: Building and design professionals
for local jurisdictions making time and travel to concerned code administrators will be
workshops a precious commodity. inconsistent with code interpretation in
o Recommendation #10a: Although RLD and CID different areas of the state.
training efforts are underway for the 2009 o Recommendation #11: CID could offer “update”
NMECC, some officials are concerned about trainings that focus on sections of the NMECC
enforcement/training once the funding from the that are consistently in question or not in
Recovery Act has been spent. One code official compliance and therefore require further
suggested doing online trainings in a webinar clarification. A focus group might be another
format as the various departments supporting option for CID, where they could invite building
the energy code are already in a poor financial professionals to provide feedback on their
state. experiences complying with the 2009 NMECC.
o 10b: Historically, CID held trainings throughout
the state and some were opened to nearby local
jurisdictions. Some local building departments
would have benefited from the trainings had they
been given enough time to change their
schedules in order to participate. With the 2009
NMECC training, it seems that the class schedules
are widely known and attended by code officials,
but a public announcement of scheduled
trainings throughout the state well in advance,
would help all jurisdictions to participate.
o 10c: Energy code trainings generally convene in
the same larger cities every year. As much of the
state is rural, hold some training outside the
metropolitan areas, in all portions of the state. In
this way, CID can also learn more about the
specific needs and challenges of rural
comminutes.
 Action
Policy to effect Compliance -3rd Party

o GAP: There are no mechanisms in place to utilize 3rd party inspectors to

supplement energy code inspections.
o Recommendation #12a: The state should use its reach and influence to encourage
uniformity for energy code implementation requirements and practices, which
would reduce the patchwork nature of energy codes and practices in the state that
add confusion to the market and reduce compliance.
o  
o #12b: The state could also encourage local jurisdictions and trade associations to
establish uniform CEU requirements for energy code training and minimum
certification requirements for code officials and building professionals.
o #12c: CID could offer “update” trainings that focus on sections of the NMECC that
are consistently in question or not in compliance and therefore require further
clarification. A focus group might be another option for CID, where they could
invite building professionals to provide feedback on their experiences complying
with the 2009 NMECC.
 Action
Policy to effect Compliance –M&V

o GAP: There is no long term, comprehensive plan in place for M&V

of the energy code.
o Recommendation #13: Institute a new program for compliance
measurement and verification (M&V). RLD is making strides in this
direction with the new DOE funding available through ARRA.
Successful M&V will allow the state to track the effectiveness of the
code and make improvements. When designing the program, the
state should keep the following in mind:
1. The state should review DOE’s guidance on measuring energy code
compliance and research the current pilot projects underway in neighboring
states.
2. The M&V strategy should allow for long term reevaluation of targeted cities
to track compliance over time.
3. The M&V plan should account for further work needed to resolve deficiencies
that are discovered and reevaluation for these problem areas over time.
4. Include both an evaluation of CID and local code inspector’s protocol for plan
review and inspection of energy code provisions to establish a baseline.
 Action
Policy to effect Compliance –Stakeholders

o GAP: Utilities are not engaged in activities that promote the energy code. See
also recommendation #4.
o Recommendation #14: The state could work with the many utilities and
cooperatives to begin a program that specifically supports energy code
enforcement, an example could include the utility inspecting a home or building to
ensure requirements of the energy code are met before they can receive electrical
services.
o Recommendation #15: Enforcement of energy codes has the potential to
significantly reduce demand to the electric grid while also decreasing harmful
emissions. The importance and affect of energy codes should be highlighted and
made a collaborative effort across state government. For instance, New Mexico's
Environment Department has a Greenhouse Gas Cap and Trade Program where
regulations have been proposed and are under development. Energy codes
provide a less costly process than trading offsets.
o Recommendation #16: There are a number of product manufacturers with stake in
New Mexico that could organize to promote energy codes. Many of these
manufactures pride themselves on producing construction materials that
significantly improve energy performance in homes and buildings. Greater
compliance will benefit these businesses, as their products become the standard
of construction in the state.
 Action
Policy to effect Compliance –Stakeholders
o GAP: There is a lack of demand from
consumers for energy codes.
o Recommendation #17a: Raise public
demand for energy efficiency in housing by
offering courses on energy efficiency via
partnerships with groups that reach more
rural areas of the state.
o Recommendation 17b: Seek publicity (e.g.,
give awards, distribute press releases) for
builders who meet the Builders Challenge
qualifications in order to raise public
awareness and drive demand for energy
efficiency and raise the bar in your state for
advanced homes.
o GAP: Architects, although ideally
positioned to include energy in the design
plans of a building, are not well-educated
in energy codes and how to include energy
efficiency in the design of buildings.
o Recommendation #18a: Research
community colleges/trade schools that have
potentially received grants for “green jobs”
training to coordinate and encourage (and
perhaps provide additional funding for) the
inclusion of energy code training (and/or
RESNET training31) for students who may
become code officials or building
professionals upon graduation. Structure the
collaboration to assure that the community
college continues to teach the energy code
even when the funding is exhausted.
o #18b: Work with AIA to gain their support to
promote continuing education courses on
energy codes in the short-term. In the longer
term, build a relationship with AIA to get
energy code education added as a core
requirement to becoming a licensed
Architect.
o #18c: Add the BCAP energy code calculator
on the state’s website to help educate
visitors.
 Project Elements and Interactions
Outreach Leveraging Technical Education and Enforcement
Policies and QA/QC
Activities and Public Funding Training Activities
Support Regulations Activities
Awareness
Developed

Marketing Buildings
Funding Website maintained, Education and Policies and Baseline of
Outputs materials
opportunities resources provided training sessions regulations reviewed and compliance
created; media measured;
identified to assist builders, provided for supporting codes measured; M+V
buys made Enforcement
code officials, and builders, code compliance process
home buyers officials, A/E firms developed resources established
provided
Increased awareness Increased awareness Increased knowledge
Short-Term Builders have Code officials have
and support for code of rules, techniques, and awareness of ICC
Outcomes incentive to tools and incentive
compliance and benefits of code 2009 and EE building
build to code to enforce and code
compliance practices

Increased demand for Increasing proportion of Code compliant homes

Value recognized by
Intermediate- code compliant builders build to code; and buildings prove to
buildings and homes builders and code officials be more efficient and
Term Outcomes increasing proportion of
from end-users of building to code cheaper to own
officials enforcing the code

Long-Term
Outcomes 90% Code Compliance Achieved

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O.C.E.A.N. – A Repository and Conduit

Online Code Environment & Advocacy Network

o Lessons learned, best practices, and
resources
o State amendments, local policies,
implementation and enforcement practices,
etc.

Ultimate Goal: expedite advances in code

effectiveness by sharing information.
O.C.E.A.N. – A Repository and Conduit

Data tailored to meet the needs of specific stakeholder

groups (e.g., consumers, policymakers, code officials,
climate activists)

Interactive Web Posting: allows users

to disseminate new information
1. OCEAN Connect: online discussions,
post code-related needs or services
2. Code Network: online discussions of adoption strategy
for energy code advocates
Thank You!

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