Amended Energy Codes for Hawaii County

IMPORTANT

NEXT HEARING: Wednesday, May 5, 2010 @ 330P

The following will be introduced by Councilman Pete Hoffman as the fix for the mistakes of Ordinance 09-48 due to be implemented May 11. 2010. This begin date is a year in the making. Someone did not vet the veracity of the code which led to an avalanche of concerned citizens contacting everyone they could. One of those contacted was Councilwoman Emily Naeole-Beason's whose office responded by introducing bill 234 requesting postponement of the implementation date from May 11, 2010 to January 1, 2011.

On Wednesday, April 20, 2010, Councilman Hoffman introduced a motion to postpone the final vote on bill 234 for two weeks so that he might be able to submit amendments that will address the errors to the current ordinance.

If you have questions regarding the following amendments or do not believe them to be inclusive of all issues please email Councilman Hoffman's office. Once introduced, it must be heard in round of two council sessions before it can be adopted. Bill 234's importance looks more and more emphatic. Hopefully it will be sustained by the council on the 2nd hearing to allow for an amended and enforceable code to be approved! Check back here for the next scheduled hearing date.

AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BUILDING ENERGY EFFICIENCY STANDARDS.

BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:

SECTION 1. Purpose. The purpose of this ordinance is to introduce amendments to the building code per ordinance 09-48.

SECTION 2. Chapter 5, article 2, Section 5-2.1.1, sub-section (2), Hawai‘i County Code 1983 (2005 Edition, as amended), is repealed in its entirety; the following sub-sections should be renumbered accordingly to reflect this amendment:

“(2) Amending Section 101.5.2. Section 101.5.2 is amended to read:

“Section 101.5.2 Low energy buildings. [Buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with this code and with a peak design rate of energy usage less than 3.4 Btu/h·ft² (10.7 W/ m²) or 1.0 watt/ft² (10.7 W/m²) of floor area shall be exempt from the building thermal envelope provisions of this code.]”

SECTION 3. Chapter 5, article 2, Section 5-2.1.1, sub-section (4), Hawai‘i County Code 1983 (2005 Edition, as amended), is repealed in its entirety; the following sub-sections should be renumbered accordingly to reflect this amendment:

“(4) Amending Section 401.1. Section 401.1 is amended to read:

“401.1 Scope. This chapter applies to residential buildings, including those that do not contain conditioned space.”

SECTION 4. Chapter 5, article 2, Section 5-2.1.1, sub-section (5), Hawai‘i County Code 1983 (2005 Edition, as amended), is hereby amended to read as follows:

NR = No requirement.

a. R-values are minimums. U-factors and SHGC are maximums. R-19 shall be permitted to be compressed into a 2 × 6 cavity.

b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.

c. The first R-value applies to continuous insulation, the second to framing cavity insulation; either insulation meets the requirement.

d. R-5 shall be added to the required slab edge R-values for heated slabs.

e. There are no SHGC requirements in the Marine zone.

f. Or insulation sufficient to fill the framing cavity, R-19 minimum.

g. “13+5” means R-13 cavity insulation plus R-5 insulated sheathing. If structural sheathing covers 25 percent or less of the exterior, insulating sheathing is not required where structural sheathing is used. If structural sheathing covers more than 25 percent of exterior, structural sheathing shall be supplemented with insulated sheathing of at least R-2.

h. The ceiling insulation alternative in Section 402.1.1.1 can be used as an equivalent alternative for R-30.”

SECTION 5. Chapter 5, article 2, Section 5-2.1.1, sub-section (6), Hawai‘i County Code 1983 (2005 Edition, as amended), is hereby amended to read as follows in paragraph 6:

“6. For compliance with Subsection 1.4, a cool roof shall have an infrared [emittance] emissivity of [no more] no less than 0.75 when tested in accordance with ASTM E-408 and a high solar reflectance. Alternatively, the corresponding Solar Radiance Index (SRI) for a cool roof can be used. The manufacturer's test results shall be acceptable for compliance. A cool roof has both a light color (high solar reflectance) and a high [emittance] emissivity (can reject heat back to the environment). White painted surfaces and other smooth white coatings typically meet these requirements. Surfaces that do not meet the requirements include unpainted metal and metalized roof coatings (silver appearance).”

SECTION 6. Chapter 5, article 2, Section 5-2.1.1, sub-section (12), Hawai‘i County Code 1983 (2005 Edition, as amended), is hereby amended to read as follows:

“(12) Amending Section 403. Section 403 is amended by adding Section 403.7 to read:

“403.7 Residential pools. Residential pools shall be provided with energy conserving measures in accordance with Sections 403.7.1 through 403.7.3.

403.7.1 Pool heaters. All pool heaters shall be equipped with a readily accessible on-off switch to allow shutting off the heater without adjusting the thermostat setting. Pool heaters fired by liquid propane or natural gas shall not have continuously burning pilot lights.”

SECTION 7. Nothing in this ordinance or in the Energy Conservation Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

SECTION 8. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.

SECTION 9. This ordinance shall take effect upon approval.