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Delaware

State Owned / Funded Buildings: 

The Delaware Division of Facilities Management supports the activities of state government by accommodating state agencies' space needs, maintaining state facilities in good condition, and by implementing programs and initiatives to ensure each facility is energy efficient, architecturally accessible, and environmentally safe.

Adoption Process: 

The Delaware General Assembly considers new legislation in January of each year. Further legislative action is required to amend Section 7602 of Title 16 of the Delaware Code.

Enforcement Process: 

Enforcement is at the local level and left to code officials within the county or municipality. The Department of Administrative Services is responsible for enforcing compliance for state-owned buildings.

Compliance Process: 

Compliance with the energy code is determined at the local level and varies depending on the county or locality. The Delaware Energy Office will establish procedures for compliance certification. Local governments have the option of using alternative methods, such as the ASHRAE/IESNA 90.1-1999 Compliance Guide or COMcheck-EZ, to ensure that commercial buildings less than 5,000 sq. ft. meet the requirements of the code.

Background / History: 

In 1979, Delaware legislature passed Senate Bill 321 which established a minimum code for energy conservation. The legislation provided that no county or municipality may adopt a building or plumbing code that contradicts the energy requirements of the Model Code for Energy Conservation in New Building Construction (MCEC), a model code based on ASHRAE/IES 90-1975. This legislation established the minimum provisions within the state but left it up to the counties and municipalities to adopt a code that fits within the guidelines outlined in the bill.

State legislation, through Senate Bill 83, adopted the 1993 MEC statewide in 1995 as codified in Section 7602 of Title 16 of the Delaware Code. The code became effective on July 1, 1996.

The state then adopted the 2000 IECC for new residential dwellings three stories or less in height. For all other buildings, the 2000 IECC and its 2001 supplement (with reference to ASHRAE 90.1-1999) have been in effect since July 1, 2004.

On July 29, 2009, Gov. Jack Markell signed SB 59 which mandated the adoption and enforcement of the most recent versions the model energy codes, the 2009 IECC and ASHRAE Standard 90.1-2007. COMcheck and REScheck software (and ENERGY STAR software as an alternative) may be used to demonstrate compliance. Subsequent versions of the two model energy codes would be reviewed for updates every three years. The bill also directs the Delaware Energy Office to establish a program for zero net energy capable buildings, with the goal of all new residential construction being net zero capable by December 31, 2025 and all new commercial construction being net zero capable by December 31, 2030. The legislation became effective July 1, 2010.

State Related Resources: 
Delaware Energy Office: http://www.dnrec.delaware.gov/energy/Pages/default.aspx
State-Related Resources: 
Delaware Energy Office
Programs and Incentives: 
Financial Incentives: http://www.dsireusa.org/incentives/index.cfm?re=0&ee=1&spv=0&st=0&srp=1&state=DE
Programs and Incentives: 
Financial Incentives
Code (Baseline): 
2009 IECC with Amendments
Code (Baseline): 
2009 IECC
Approximate Energy Efficiency: 
Equivalent to
Approximate Energy Efficiency: 
Equivalent to
Code - Enforcement: 
Mandatory
Code - Enforcement: 
Mandatory
Approved Compliance Tools: 
REScheck
DOE Determination: 
ASHRAE 90.1-2007: No ASHRAE 90.1-2010: No
DOE Determination: 
2009 IECC: No 2012 IECC: No
Code Change Process: 
Regulatory
Code Change Cycle: 
Reviewed
Code Change Cycle - Time Line: 
Every 3 years
Effective Date: 
Thursday, July 1, 2010
Effective Date: 
Thursday, July 1, 2010
Adoption Date: 
Wednesday, July 29, 2009
Adoption Date: 
Wednesday, July 29, 2009
State Specific Research: 
Impacts of ASHRAE 90.1-2007 for Commercial Buildings in the State of Delaware (BECP Report, Sept. 2009): /sites/default/files/documents/Commercial_Delaware.pdf
State Specific Research: 
Impacts of the 2009 IECC for Residential Buildings in the State of Delaware (BECP Report, Sept. 2009): /sites/default/files/documents/Residential_Delaware_0.pdf
Amendments: 
Agriculture structures are excluded.
Approximate Energy Efficiency Code: 
2009 IECC
Approximate Energy Efficiency Code: 
2009 IECC
Approved Compliance Tools: 
COMcheck
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Source URL: http://www.energycodes.gov/adoption/states/delaware