Determinations Background

Why is DOE performing these determinations?

Section 304 of the Energy Policy and Conservation Act (EPCA, Public Law 94-163), as amended by the Energy Policy Act of 1992 (EPACT, Public Law 102-486), establishes a role for DOE to determine whether revisions to the Council of American Building Officials (CABO) 1995 Model Energy Code (MEC) or to the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) ASHRAE/IES Standard 90.1-1989 would improve energy efficiency in residential and commercial buildings, respectively. DOE provides incentive funding and technical assistance to states to update and implement their building energy codes to meet or exceed the model codes determined to improve energy efficiency.

How are the 1998 and 2000 IECC for residential buildings related to the 1995 MEC?

Effective December 4, 1995, CABO assigned all rights and responsibilities for the MEC to the International Code Council (ICC). The first edition of the ICC's International Energy Conservation Code (IECC) issued in 1998 is the successor to the 1995 MEC. The 1998 IECC includes the technical content of the MEC as modified by code changes approved during the 1995, 1996, and 1997 code development cycles. ICC recently published the 2000 IECC to succeed the 1998 edition of the code.

Is Standard 90.1-1999 ASHRAE's most recent code for commercial buildings?

No. ASHRAE recently published the successor to ASHRAE/IES Standard 90.1-1999 entitled, ASHRAE/IESNA Standard 90.1-2001, "Energy Standards for Buildings Except Low-Rise Residential Buildings." A group consisting of project committee members and other interested parties developed or reviewed 35 addenda to the 1999 edition. The ASHRAE Standards Committee resolved public comments based on public reviews and voted for final approval of the new standard in June 2001.

Are states required to update their residential building energy codes?

DOE made a determination on January 10, 2001, that the 1998 and 2000 editions of the IECC will improve energy efficiency in residential buildings over the 1995 MEC. Within two years of a published positive determination (by January 10, 2003), each state is required to certify to DOE that it has reviewed the provisions of its residential building code regarding energy efficiency, and has determined whether it is appropriate for the state to revise its residential building code to meet or exceed the IECC. EPCA does not give DOE authority to certify that a particular edition of the IECC would be acceptable for states to adopt. Rather, EPCA delegates the role of certification to the states. If a state determines that it is not appropriate to revise its residential code to meet or exceed the IECC, the state is required to explain why in writing to the Secretary of Energy.

What are the states' requirements for updating commercial building energy codes?

On July 15, 2002, DOE published its determination in the Federal Register that Standard 90.1-1999 would improve commercial building energy efficiency by comparing it to Standard 90.1-1989, fulfilling DOE's mandate under the Energy Policy and Conservation Act, as amended. As required by the Act, all states have two years to adopt Standard 90.1-1999 or upgrade their existing commercial building codes to meet or exceed its requirements. The standard applies to all new commercial buildings, and all major remodeling or renovation of existing commercial buildings.

What about the 2001 edition of Standard 90.1?

An analysis of the 2001 edition has been initiated to make a determination as to whether it will improve energy efficiency beyond the 1999 edition. A positive determination would require each state to review and update the energy efficiency provisions of its commercial building code to meet or exceed this edition.

How can I get more information on the revised codes?

See our code comparison documents or contact our technical support staff.