TR-2016-64 STRETCH CODE AGAIN WITH PUBLIC HEARING � ����-�y �� C��,
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TR-2016-64
A RESOLUTION ADOPTING THE "STRETCH ENERGY CODE" FOR
THE TOWN OF AGAWAM
(Sponsored by Councilors Robert Rossi & Donald Rheault)
WHEREAS, the Town of Agawam is seeking to achieve "Green Community" status from the
Massachusetts Department of Energy Resources; and
WHEREAS, the City Council's adoption of the Stretch Energy Code would allow the Town of
Agawam to achieve Green Community status; and
WHEREAS, becoming designated a Green Community would avail the town of grant funding to
support all or a portion of the cost of(1) studying, designing, constructing, and implementing
energy-efficiency activities; (2) procuring energy management services; (3) adopting energy-
efficiency policies; and, (4) siting activities related to and construction of renewable-energy-
gcnerating-facilities on municipally-owned property; and
WHEREAS,the Massachusetts Board of Building Regulations and Standards (BBRS) has voted
to approve the energy portion of the International Energy Conservation Code(lECC) and make it
the state code effective January 2,2017; and
WHEREAS, the Town of Agawam endeavors to find clean energy solutions that improve
energy efficiency and increase the use of renewable energy in town-owned buildings, facilities,
and schools to reduce long-term energy costs and related taxpayer burden.
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves and ordains, after
conducting a public hearing, to adopt 780 CMR 115 Appendix AA (Stretch Energy Code) of the
Massachusetts Board of Building Regulations and Standards (BBRS), including future editions,
amendments, or modifications thereto,effective January 2,2017.
DATED THIS DAY OF 2d16.
PER ORDER OF THE AGAWAM CITY COUNCIL. raj
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LAME NCIL S CICHETTI, CITY COU PRESIDENT
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APPROVED TO FORM AND LEGALITY U, $ n'
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PATRICK TONEY,CITY SOLICITOR CC-
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MAYORAL ACTION
Received this day of OVAL4bfy' ' , 2016 from Council Cleric.
Signed by Council President this day of DSMAK,2016.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga Charter,as
ended, hereby approve the passage of the above legislation on this t;� day of
, 2016.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2016 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGIS
LATION TO COUNCIL CLE
Returned to Council Clerk this day of _ K , 2016.
1 C-ERTIFY THAT THIS IJ A TRUE(?OPY OFTHE
ORIGINAL.
ATTEST• .
VINCENT GIOSCIA.TOWN CLERK
TOWN OF AGAWAM.MASSACHUSET1'S.U.S.A.
Y •
TOWN OF WEST SPRINGFIELD
AN ORDINANCE ADOPTING THE STRETCH ENGERY CODE
Move that the West Springfield Town Council waive the formal reading and hereby resolve,
ordain, amend and enact the following-Section 7-1800 entitled Stretch Energy Code
Whereas, the City is working to become a certified Green Community;
Whereas, the Green Community Act requires that the City adopt the Stretch Code
to qualify for eligibility as a Green Community thereby gaining access to state grants for
energy improvements;
Whereas, the Stretch Code encourages the building of energy efficient homes and
businesses;
Whereas, adoption of the Stretch Code is the final step to qualify for Green
Community Status from the state;and
Whereas,it is in the best interests of the community to amend the Ordinances.
Now Therefore, the West Springfield Town Council hereby resolves, ordains,
amends and enacts the following additions to the Ordinances of the Town of West
Springfield:
Section 7-1800 Stretch Energy Code
1. Definitions.
a. International Energy Conservation Code aECC): The International Energy
Conservation. Code (IECC) is a building energy code created by the
International Code Council. It is a model code adopted by many state and
municipal governments in the United States for *the establishment of
minimum design and construction requirements for energy efficiency, and is
updated on a three-year cycle.The baseline energy conservation requirements
of the Massachusetts Building Code are the IECC with Massachusetts
amendments, as approved by the Board of Building Regulations.and
Standards.
b. Stretch Energy Code: The Stretch Energy Code is a Massachusetts building
code based on further amendments to the International Energy Conservation
Code 9ECC) to improve the energy efficiency of buildings built to this code.
Page 1 of 3
The Stretch Energy Code was codified by the Board of Building Regulations
and Standards as an appendix, 780 CMR Appendix i 15.AA, to the 8th
edition Massachusetts Building Code. For the purposes of this definition, the . .
Stretch Energy Code shall include any future editions of, amendments to or
modifications of said appendix.
2. Purpose. The purpose of the Stretch Energy Code is to provide a more energy
efficient alternative to the Base Energy Code applicable to the relevant sections of
the building code for both new construction and existing buildings.
3. Applicability. The Stretch Energy Code applies to residential and commercial
buildings. Buildings not included in this scope shall comply with 780 CMR 13, 34,
51,as applicable.
4. Stretch Energy Code.
a. The Stretch Energy Code is incorporated, by reference,into the Ordinances
of the Town of West Springfield.
b. The Stretch Energy Code shall be enforceable by the inspector of buildings.
[Signalum on the Follom ng Page)
Page 2 of 3
Per order of the West Springfield Town Council, approved on the g day of�, 2015
by a vote of 4—in favor and 0 _opposed.
0A,- x
R. Sweeney,Council President Date
Approved as orm:
4vC.Reichek,Town Attorney D e
Pursuant to Section 3-7 of the West Springfield Home Rule Charter, I hereb approve th
Town Council's acceptance of the above.
46 ANI
Edward C. Sullivan,Mayor Date
Pursuant to Section 3-7 of the West Springfield Home Rule Charter,I hereby disapprove the
Town Council's acceptance of the above.
Edward C. Sullivan,Mayor Date
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Page 3 of 3
THE STRETCH ENERGY CODE
(81h EDITION, 780 CMR, Appendix 115.AA — formally 7TH
EDITION CODE, APPENDIX 120.AA)
FRE UENTLY ASKED QUESTIONS (FA Os)
(1)Q: What is 780 CMR,Appendix 115.AA (the"Stretch Energy Code")?
A: The Stretch Energy Code is an appendix to the 8t' Edition, Massachusetts State
Building Code which creates a higher tier of Energy Conservation. It is available to
municipalities that choose to adopt it should they seek building energy conservation
provisions more progressive than the baseline energy conservation requirements of the
Massachusetts State Building Code.
(2)Q: How advanced is the Stretch Energy Code over State Building Code baseline
energy conservation requirements?
A: Buildings designed and constructed to the Stretch Energy Code are roughly 20%
more energy efficient than buildings designed and constructed to 780 CMR baseline
energy conservation requirements. This figure will vary on a building by building basis.
(3)Q: What types of buildings are impacted by requirements of the "Stretch
Energy Code"?
A: The Stretch Energy Code, if adopted by a municipality,affects the design and
construction of: (a) new residential buildings of 3 stories or less; (b) portions of existing
residential buildings undergoing renovation or addition; (c) certain new commercial
buildings.
Commercial buildings smaller than 5,000 sq. ft., existing commercial building
renovations, and "specialty" buildings - supermarkets, laboratories, and warehouses -
below 40,000 sq. ft., are exempt from Stretch Energy Code requirements but not from
780 CMR baseline energy conservation code requirements.
(4)Q: Who can adopt or rescind the"Stretch Energy Code"and by what adoption
or rescission mechanism?
A: Municipalities may choose to adopt the Stretch Energy Code via the manner
prescribed by law and rescind in the same manner it was adopted. While towns are
encouraged to adopt the Stretch Energy Code through a vote of Town Meeting,and
cities are encouraged to adopt through their City Manager/City Council/Board of
Aldermen or Mayor/City Council/Board of Aldermen process, specific questions
regarding the adoption method should be directed to city/town counsel. A sample
Article is provided as guidance:
ARTICLE: To see if the Town will vote to enact Chapter_of the Town of
General Bylaws,entitled "Stretch Energy Code" for the purpose of regulating
the design and construction of buildings for the effective use of energy and pursuant to
Appendix 115.AA of the Massachusetts Building Code, 780 CMR,the Stretch Energy
Code, including amendments or modifications thereto, a copy of which is on file
with the Town Clerk, or take any other action relative thereto.
or
ARTICLE: To see if the Town will vote to accept Appendix 115.AA of the Massachusetts
Building Code, 780 CMR, the "Stretch Energy Code", including amendments or
modifications thereto, regulating the design and construction of buildings for the
effective use of energy, a copy of which is on file with the Town Clerk, or take any other
action relative thereto.
(5)Q: If a municipality adopts the Stretch Energy Code,who locally enforces its
requirements? Where does one appeal requirements of the Stretch Energy
Code?
A: The Stretch Energy Code is part of 780 CMR; therefore, it is enforced at the local level
by the municipal building official. All appeals from the requirements of the Stretch
Energy Code must be made to a Building Code Appeals Board -typically the State
Building Code Appeals Board (not a zoning board of appeal.)
(6)Q: Are there any restrictions/stipulations impacting a municipality's decision
to adopt the"Stretch Energy Code?
A: Yes, these are as follows: (a) the municipality can only implement the Stretch Energy
Code commencing on the first day of January r9r the first day of July in any given year;
(b) during the first 6 months after adoption, the Regulated Community in such cities
and towns may choose between the existing baseline energy conservation code
requirements of the Building Code Ql the Stretch Energy Code requirements. After this
6 month period has passed, however, the requirements of the Stretch Energy Code
govern; (c) the Stretch Energy Code provisions cannot be enforced until municipal
building officials have received training in the requirements of the Stretch Energy Code
( PX below for more details); (d) the Stretch Energy Code can only be adopted in
whole- not in part. For example, if a municipality desires to adopt the Stretch Energy
Code, it must adopt both the residential and commercial portions,and cannot further
restrict the application of the Stretch Energy Code to only certain building types or
sizes.
(7)Q: What are the training requirements for municipal building officials?
A. By statute and Board of Building Regulations and Standards (BBRS) policy, in order
for a municipality to enforce the Stretch Energy Code, building officials must first be
trained in the requirements of the Stretch Energy Code. The BBRS has already
approved an earlier 2010 Training that was completed by many Building Officials and
communities should verify that their Building Officials have been so trained or reach
out for training.
(8)Q: Can the BBRS amend Appendix 115.AA (the Stretch Energy Code")?
A: Yes - since 780 CMR 115.AA is like any other regulation in the Building Code, it is
subject to possible amendment by the BBRS via the Building Code amendment process.
(9)Q: If the BBRS amends a particular Edition of the Stretch Energy Code,what is
the impact on communities that have already adopted the earlier version of the
same Stretch Energy Code Edition?
A: Generally, none. The amendments become effective upon promulgation and the
municipality is obligated to incorporate amendment updates promulgated by the BBRS.
In order to ensure that this is clear, it is suggested that municipalities use the model
Article language provided in Question 4,above, ("...including amendments or
modifications thereto...'). It should be noted that municipalities are free to rescind the
Stretch Energy Code (as a whole) at any time if the amendments are problematic to the
community. If this is done, the baseline code requirements will apply.
(10)Q: If the BBRS adopts a new edition of the State Building code (including a
new edition of the Stretch Energy Code) what does a municipality have to do to
continue to enforce the Stretch Energy Code?
A: Similar to Answer 9, above when the BBRS adopts a new edition of the State Building
Code, including the Stretch Energy Code, the new edition is effective upon
promulgation,and the municipality is bound by the language in the new edition. If this
is problematic for the community, it may rescind the Stretch Energy Code (as a whole)
and the baseline code requirements will apply.
-(11) For new construction low rise residential buildings (3 stories or less), the
Stretch Energy Code requires a"HERS" Index Rating of the building. What is a
"HERS" Index Rating?
A: The term "HERS" stands for Home Energy Rating System. The HERS index scores a
home on a scale from 0-100 where 0 is a zero-net-energy home,and 100 is a code
compliant new home (currently based on the IECC 2006 code).The HERS index has
been in use for many years by "beyond code programs" such as Energy Star Homes, and
LEED for Homes, and by the Federal IRS for tax credits and energy efficient mortgages.
HERS index ratings are performed by an independent HERS rater,working with the
home builder, and then submitted to the local building code official. The Stretch Energy
Code requires a HERS index of 6S or less for new homes of 3,000 square feet or above,
and 70 or less for new homes below 3,000 square feet (this includes multi-family units
in buildings of 3 stories or less).A HERS index of 65 means that the home is estimated
to use 65% as much energy as the same home built to the 2006 International Energy
Conservation Code, or a 35% annual energy savings.
(12) What is a HERS Rater and who certifies such person?
A: HERS Raters are individuals that have been certified in accordance with
requirements set forth by Residential Energy Services Network (RESNET®-In April
1995, the National Association of State Energy Officials and Energy Rated Homes of
America founded the Residential Energy Services Network (RESNET) to develop a
national market for home energy rating systems and energy efficient mortgages).
A certified home energy rater (HERS Rater) must successfully complete training by a
RESNET Accredited Rater Training Provider and must be certified by a RESNET
Accredited Rating Provider.
Information regarding RENET, HERS Index rating, HERS Raters,appeal of a HERS Rater,
etc., can be found on the web at: www.natresnet.ora
(13) How do I locate a certified HERS Rater?
A: RESNET maintains a web site where one can locate a certified Rater.Again by going
to: www.natresnet.org and then selecting"Find a Certified Rater" or going directly to:
one can locate a Certified HERS Rater.
(14) Q: Section 104.1 of the Stretch Energy Code provides that work for which a
permit is required shall be subject to inspection by the building code official or an
"approved inspection agency". Who makes this determination?
A: The building official is authorized to accept reports of approved inspection agencies
in accordance with 780 CMR, similar to a structural engineer's report. The building
official, however, may not dictate who/what that inspection agency is, so long as such
individuals / inspection agencies satisfy requirements of 780 CMR.
(15) Q: if building officials are trained and certified as certified HERS Raters,may
building officials choose to perform the HERS Rating for buildings within or
outside of their jurisdictions?
A: Questions regarding a possible conflict of interest under MGL c. 268A should be
addressed to the State Ethics Commission.
(16) Q: Since 780 CMR requires a certified HERS Rater to rate the subject building,
are building officials still allowed to be on site observing/inspecting energy code-
related construction?
A: Yes -Although a certified HERS Rater is required to rate the building,the building
official, by statute, enforces the requirements of 780 CMR and is always allowed to view
/inspect any building permittable construction.
(17) Q: May a building official not accept a report submitted by a third party
HERS Rater?
A: Yes, if a report submitted by a third party HERS rater is not done in accordance with
the requirements of 780 CMR. In this case, the building official is required to cite the
section of code that has been violated as the reason for non-acceptance.
(18) Q: Under Section 104.5, is a building official authorized to require submittal
of additional reports, documentation,etc. to support the results of a HERS rating
report? (e.g.,calibration reports for blower door equipment, etc.).
A: Yes, as deemed necessary by the building official in accordance with 780 CMR.
TR-2016-64
A RESOLUTION ADOPTING THE "STRETCH ENERGY CODE" FOR
THE TOWN OF AGAWAM
(Sponsored by Councilors Robert Rossi & Donald Rheault)
WHEREAS, the Town of Agawam is seeking to achieve "Green Community" status from the
Massachusetts Department of Energy Resources; and
WHEREAS, the City Council's adoption of the Stretch Energy Code would allow the Town of
Agawam to achieve Green Community status; and
WHEREAS, becoming designated a Green Community would avail the town of grant funding to
support all or a portion of the cost of (1) studying, designing, constructing, and implementing
energy-efficiency activities; (2) procuring energy management services; (3) adopting energy-
efficiency policies; and, (4) siting activities related to and construction of renewable-energy-
generating-facilities on municipally-owned property; and
WHEREAS, the Massachusetts Board of Building Regulations and Standards (BBRS) has voted
to approve the energy portion of the International Energy Conservation Code (IECC) and make it
the state code effective January 2, 2017; and
WHEREAS, the Town of Agawam endeavors to find clean energy solutions that improve
energy efficiency and increase the use of renewable energy in town-owned buildings, facilities,
and schools to reduce long-term energy costs and related taxpayer burden.
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves and ordains, after
conducting a public hearing, to adopt 780 CMR 115 Appendix AA (Stretch Energy Code) of the
Massachusetts Board of Building Regulations and Standards (BBRS), including future editions,
amendments, or modifications thereto, effective January 2, 2017.
DATED THIS DAY OF ,2016.
PER ORDER OF THE AGAWAM CITY COUNCIL.
JAMES P. CICHETTI, CITY COUNCIL PRESIDENT
APPROVED AS TO FORM AND LEGALITY
PATRICK TONEY, CITY SOLICITOR