Delaware

Last updated on 2016-01-25

Current CodeASHRAE Standard 90.1-2010
Amendments / Additional State Code InformationAgriculture structures are excluded.

Approved Compliance ToolsCan use COMcheck
Approximate Energy EfficiencyEquivalent to ASHRAE 90.1-2010
Effective Date05/11/2014
Adoption Date11/11/2014
Code EnforcementMandatory
DOE DeterminationASHRAE 90.1-2007: Yes
ASHRAE 90.1-2010: No

Energy cost savings for Delaware resulting from the state updating its commercial and residential building energy codes in accordance with federal law are significant, estimated to be on the order of nearly $46 million annually by 2030.

Delaware DOE Determination Letter, May 31, 2013

Delaware State Certification of Commercial and Residential Building Energy Codes
Current Code2012 IECC with Amendments
Amendments / Additional State Code Information

Amendments to the 2012 IECC include duct testing and verification, hot water piping insualtion, and ventilation requirements.

4.1 The following additions, insertions, deletions, and other changes are hereby made to the 2012 International Energy Conservation Code.

4.1.1 R403.2.2 amend to add: Supply duct tightness shall be verified by either of the following:

1. Post-construction test: Total leakage less than or equal to 6 cfm (169.9/min) per square feet (9.29 m2) of conditioned floor area when tested at the pressure differential of 0.1 inches w.g. (25 Pa)….

2. Rough-in test: Total leakage less than or equal to 6 cfm (169.9/min) per square feet (9.29 m2) of conditioned floor area when tested at the pressure differential of 0.1 inches w.g. (25 Pa) (remainder unchanged – If the air handler is not installed…. 4 cfm…)

4.1.2 R403.4.2: amend list to:

1. Piping larger than 3/4 inch nominal diameter.

2. Piping serving more than one dwelling unit.

3. Piping from the water heater to kitchen outlets.

4. Piping located outside the conditioned space.

5. Piping from the water heater to a distribution manifold.

6. Piping located under a floor slab.

7. Buried piping.

8. Supply and return piping in recirculation systems other than demand recirculation systems.

9. Piping with run lengths greater than the maximum run lengths for the nominal pipe diameter given in Table R403.4.2.

All remaining piping shall be insulated to at least R-3 or meet the run length

requirements of Table R403.4.2. Delete Table R403.4.2 without substitution.

4.1.3 R402.4.1.2:

Exception: A building or dwelling unit with 2,000 ft2 or less of conditioned floor area (CFA) may satisfy R402.4.1.2 if it:

[(1) attains a HERS Score of 69, using ResNET appliance and plugload defaults;

AND]

[(2)(1)] is tested to have an air leakage rate no greater than:

5 ACH-50 for homes with < 1,500 ft2 of CFA, or

4 ACH-50 for homes with 1,500 – 2,000 ft2 of CFA.)

4.1.4 R403.2.3 Building framing cavities shall not be used as ducts or plenums.

Exception: Returns run exclusively through conditioned space.

4.1.5 R403.5 The building shall be provided with ventilation that meets the requirements of the International Residential Code (IRC) or International Mechanical Code (IMC), as applicable, or with other approved means of ventilation. Outdoor air intakes shall have automatic or gravity dampers that close when the ventilation system is not operating. Required ventilation rates shall also include adequate provisions for fuel-fired appliance, stove and fireplace makeup air supply; kitchen, bath, clothes dryer, and central vacuum exhausts; and other makeup air system supplies and/or exhausts as required in either the IRC or IMC.

(remainder of section unchanged)

5.0 Implementation and Enforcement

5.1 All buildings must meet all requirements of the applicable referenced code six months after date of promulgation.

5.2 All projects may utilize the new applicable reference codes at any time after the date of promulgation, provided such choice is stated on the construction documents.

6.0 Certified duct and envelope tightness (DET) verifier.

Testing for duct and building envelope tightness shall be conducted by a certified DET verifier.



Approved Compliance ToolsCan use REScheck
Approximate Energy EfficiencyLess energy efficient than 2012 IECC
Effective Date05/11/2014
Adoption Date11/11/2014
Code EnforcementMandatory
DOE Determination2009 IECC: Yes
2012 IECC: No

Energy cost savings for Delaware resulting from the state updating its commercial and residential building energy codes in accordance with federal law are significant, estimated to be on the order of nearly $46 million annually by 2030.

Delaware DOE Determination Letter, May 31, 2013

Delaware State Certification of Commercial and Residential Building Energy Codes
Code Change ProcessRegulatory
Code Change CycleReviewed
Timeline of CycleEvery 3 years

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

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.