Section 11-103. Applications  


Latest version.
  • 1. (a) The code relating to the construction
      of all buildings, or classes of buildings in the state, for purposes  of
      minimizing  the  consumption  of  energy and providing for the efficient
      utilization of the energy expended in the use and occupancy of buildings
      is continued.   Such code shall be  at  least  equal  to  the  standards
      specified  in  standard  90-75  of  the  American  Society  of  Heating,
      Refrigerating and Air Conditioning  Engineers,  Inc.,  entitled  "Energy
      Conservation in New Building Design", known hereafter as ASHRAE Standard
      90-75;  and  to  the  reference standards upon which the ASHRAE Standard
      90-75 is based; provided however, that in addition any  portion  of  the
      code  which  applies  to  residential  construction  shall  be  at least
      equivalent  to  the  requirements  set  forth  in  the  public   service
      commission  opinions,  PSC  76-16 (C) dated May fifteenth and sixteenth,
      nineteen hundred seventy-seven, and appendices thereto. The  code  shall
      apply  to  all  buildings for which application for a building permit is
      made and plans are filed in  this  state  on  or  after  January  first,
      nineteen hundred seventy-nine, which date shall be the effective date of
      the code.
        (b) The rules and regulations relating specifically to the substantial
      renovation  of  all buildings, or classes of buildings in the state, for
      purposes of minimizing the consumption of energy and providing  for  the
      efficient utilization of the energy expended in the use and occupancy of
      such  buildings  are continued.   Such rules and regulations shall apply
      only to that portion of a building  subsystem  or  subsystems  which  is
      replaced; provided that fifty percent or more of such building subsystem
      or subsystems is replaced.
        2.  The state fire prevention and building code council is authorized,
      from time to time as  it  deems  appropriate  and  consistent  with  the
      purposes of this article, to review and amend the code through rules and
      regulations  provided  that the code remains cost effective with respect
      to building construction in the state. The code  shall  be  deemed  cost
      effective  if  the  cost of materials and their installation to meet its
      standards would be equal to or less than the  present  value  of  energy
      savings that could be expected over a ten year period in the building in
      which such materials are installed.
        3.  Notwithstanding  any  other  provision  of  law,  the  state  fire
      prevention and building code council  in  accordance  with  the  mandate
      under  this  article shall have exclusive authority among state agencies
      to promulgate a  construction  code  incorporating  energy  conservation
      features.  Any  other code, rule or regulation heretofore promulgated or
      enacted  by  any  other  state  agency,  incorporating  specific  energy
      conservation   requirements   applicable  to  the  construction  of  any
      building, shall be superseded by the code promulgated pursuant  to  this
      section.
        4.   The   secretary   of   state   is  authorized  to  issue  written
      interpretations of the code upon written request of a  permit  applicant
      or  the  official  responsible for the administration and enforcement of
      the provisions of the code. Subsequent enforcement of the code shall  be
      consistent with such written interpretations.