RULES CERTIFICATE Department of Commerce
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Clearinghouse Rule 96-144 RULES CERTIFICATE Department of Commerce TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS : i, William McCoshen Secretary of the Department of Commerce, and custodian of the official records of said department, do hereby certify that the annexed rule(s) relating to Energy Conservation and Ventilation (Subject) were duly approved and adopted by this department . further certify that said copy has been compared by me with the original on file in the department and that the same is a true copy thereof, and of the whole of such original , SDI IN TESTIMONY WHEREOF, I have hereunto set my hand at D~,ci:it ~ sgs Csr~~l5 81k~~a.i in the city of Madison, this -J day of IL- A D.. 19 Secretary q - / " 97 ORDER OF ADOPTION Department of Commerce 101 .02 (1) and (15) Pursuant to authority vested in the Department of Commerce by section(s) Stats ., the Department of Commerce I x I creates; I x , amends; repeals and recreates ; a repeals and adopts rules of Wisconsin Administrative Code chapter(s) : ILHR 2 Fee Schedule ILHR 50 to 64 Building and Heating, Ventilating and Air Conditioning ILHR 66 Uniform Multifamily Dwellings ILHR 72 Intermittent Ignition Devices ILHR 82 Design, Construction, Installation, Supervision and Inspection of Plumbing (number) (Title) The attached rules shall take effect on April 1 , 1997 pursuant to section 227 ..22, Stats„ Adopted at Madison, Wisconsin this date„ "t / 6- I'i DEPARTMENT OF COMMERCE Secretary - ~ I . State of Wisconsin. \ Department of Commerce RULES in FINAL DRAFT FORM As Adopted with Germane Modificat ions December 5, 1996 C ~Zu~C-s 3 z i t z 0 I 23 ~ t& C.LA Rule No . : Chs. ILHR 63 & 64 Relating to : Energy Conservation and Ventilation Clearinghouse Rule No . : 96-144 f, Q The. Wisconsin Department of Commerce proposes an order to repeal ILHR 52.54, ILHR X4 ., 14, ILHR 55.29, ILHR 56.15, ILHR 57,14, ILHR 58. 62 , ILHR 60 . 7, ILHR 62 . 3? , ILHR 62 .78, ILHR 62.965, ILHR A64, 06( 1), Chapter ILHR 72.- to amend the effective date clause of Clearinghouse Rule No . 94-116; to repeal and recreate Table 2 ,3 1-1 , Table 2 ,.31-2 , ILHR 50 . 03 (2), ILHR 50,12 (3)(c), ILHR 50,. 1 :? (4)(b) and (c), ILHR 51 . 01 (7), ILHR 51 .,01 (102), ILHR 51,01 (153a),'Table 51 .0 -B, ILHR X1 ..08 . ILHR 5125 , ILHR 5? , .>; , ILHR 54.145, ILHR 55 .0.51 ILHR 56.145, ILHR , 7. 13 (2)(b), ILHR 5 7. 145, ILHR 58. 02, ILHR 58 . 18 ( 1 ), ILHR 58 .24, ILHR 58 .25 (1)(a) and (b), ILHR 58.44. ILHR 5922, ILHR 60.. 10, ILHR 60,18 (2), ILHR 60. 19 Note, ILHR 62.23, ILHR 62.93 ILHR 62„995, Chapter ILHR 63 ), Chapter ILHR 64 , ILHR 66.14 (3 ))(c), ILHR 66. 14 (.;)(d), ILHR 66.46. ILHR 66 .47, ILHR 82.40 (5)(b) and to create ILHR 2.3 1(1)(a)2 .g., and ILHR 5 1 .01 (29m), (:_9n) and (29o) relating to energy conservation and ventilation . ************************************************* Analysis of Proposed Rules Statutory Autho rity- ss. 101 .02 (1) and ( 15), Stats.. Statutes Interpreted : ss. 101 .02. (1 5) and 10 Stats,, Under s. 101 .02 (15) and s. 101 . 12, Stats ,,, the Department of Industry , Labor and Human Relations has the responsibility of protecting public health, safety and welfare relative to the construction of public buildings and places of employment .. A key element of fulfilling this responsibility has been promulgation of the commercial building code, chapters ILHR 50 to 64. The effect of the proposed rule change is primarily a revision of ch . ILHR 63, Energy Conservation, and ch. ILHR 64, Heating Ventilating and . Air Conditioning (HVAC) in the code edition that was published in December, 1995 whichh has not yet become effective (Clearinghouse Rule No , 94-116) „ Chapters ILHR 63 and 64 are based on standards published by the American Society of Heating and Refrigerating . Engineers (ASHRAE) . As newer editions of those standards are issued, the code needs to be updated to be consistent with current technology and building practices . The purposee of the December, 1995 edition of the rules was to improve indoor air quality in buildings and to comply with the federal Energy Policy Act of 1992 (EPACT) which requires all states to revise their commercial building codes to meet or exceed the American Society of Heating Refrigerating and Air-Conditioning . Engineers/Illuminating Engineering Society (ASHRAE/EIS) standard 90.1-1989. A summary of the major changes made in the December, 1995 edition of the code follows the discussion of the proposed rule changes . After adoption of ' xhe December. 1995 editionof the rules, but before the effective date, information was provided to the department that indicates that two of the provision s of the rules would cause excess ive costs for' ' building owners without commensurate benefit .. The two 11 provisions were : the requirement for ventilation systems to be sized to accommodate the maximum building capacity when the intended use is for fewer, occupants and the requirement that buildings that are used as factories and warehouses that are not conditioned for human comfort be insulated to the same levell as buildings for other uses . The Department reconvened its Energy/HVAC Code Advisory Committee to review the issues and revise the rules .. The major revisi ons to the rules in the proposal are summarized below .. The scope sections of both chapters have been expanded to provide moree guidance and detail on how the rules are applied to additions and alterations of existing buildings . The proposal revises the code so that factories and warehouses ' that are not conditioned to provide human comfort may be constructed in accordance with the thermal envelope requirements contained in the code that is currently in effect (published January 1994) . In factories, although there may be some space heating for occupant comfort, the primary energy use is usually associatedd with manufacturing or commercial or industrial processing . The ASHRAE/EIS standard recognizes that the levels of insulation appropriate for other building types may not be appropriate for factories . The requirements for insulation of building thermal envelopes under the ASHRAE/EIS standard 90 . 1-1989 are based on the assumption that the primary energy use in the building is to provide human comfort. The requirements for building thermal envelopes have been reformatted in the proposed rules to achieve the same level of ene r~y efficiency with greater ease 'of use. Easier methods are provided for trade-offs between the insulation levels in opaque portions of walls and roofs and for trade-offs between the opaque portions of walls and windows .. The exemption of high efficiency lighting from the exterior lighting budget is inconsistent with the EPACT law and is repealed,. The ventilation system requirements are revised so that the design and operation of the system may be based on the actual occupant load in the entire area served by the system, with outside air supplied at 7.5 cubic feet 'per minute per person . This eliminates the requirement to oversize the system . The term "air movement" is replaced by " air change" or "air change rate" throughoutthe chapter. The fee code, ch ,. ILHR 2, has also been revised to allow lighting documents or worksheets to be submitted as a component of the architectural plans for no additional fee or to be submitted alone for a lower fee .. The proposed rules were developed after consultation with the Energy/HUAC Code Advisory Committee . The current membership of the committee is given below... iii F.NF.RGY/HVAC COMMITTEE Gary Ambach, Wisconsin Utilities Association Michael Broge, Wisconsin Association of Consulting En gineers Jim Edelson , Wisconsin Environmental Decade Bert Fredericksen, Jr. , Public Curt Hastings, Associated General Contractors of America , Wis . Chapter Russ Lerum, Department of Health and Social Services Michael Mamayek, Mechanical Contractors Association of Wisconsin James Mapp, Division of Ene rgy and Intergovernmental Relations Michael Mesenbourg, Building Owners & Managers Assoc . of Milwaukee, Inc . Harold Olsen, Self- Private Consultant Charles Opferman, Associated General Contractors of Greater Milwaukee Dave Osborne, Wisconsin Builders Association John Paulson, Self- Private Consultant George Robak, Wisconsin Society of Architects /AIA Jim Schey, Department of Administration Randy Sikkema, Wisconsin Chapter ASHRAE Carol Stemrich, Public Service Commission David Stdckland, Associated Builders & Contractors of Wisconsin, Inc .. Harry Sulzer, City of` Madison Planning & Development Department Robert Wiedenhoefer, Sheet Metal & Air Conditioning Contractors ' National Association, Madison Chapter A synopsis of the major code revisions that were made in the December,. 1995 edition follows.. In the December, 1995 edition, ch . ILHR 63 was revised to consist of seven subchapters : Subchapter I - Scope and Purpose ; Subchapter II - Definitions ; Subchapter III - Building Envelope; Subchapter IV - Equipment and Systems; Subchapter V - Lighting Power ; Subchapter. VI - Non-Depletable Energy; and Subchapter VII - System Analysis Design . The previous _ edition of the code contained a subchapter on water heating, those requirements were updated and added to the Wisconsin Administrative Plumbing Code in a separate rulemaking action . Subchapter I - Scope and Purpose, was revised to include new rules on those alterations, including lighting system alterations, that would fall within the scope of the code . Subchapter II - Definitions, was completely rewritten to include definitions to go with the rev ised code requirements. A majority of the definitions were taken directly from the ASHRAE /EIS 90,,l standard. Subchapter III - Building Envelope, contains the building envelope requirements from the ASHRAE/EIS 90.1 standard with some simplifications and Wisconsin-specific modifications ,. Subchapter III contains basic requirements for moisture migration, infiltration and skylights that must be met in any case.