kentucky strategic compliance plan

8/3/2019 Kentucky Strategic Compliance Plan

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Strategic Compliance Plan

KENTUCKY

The Compliance Planning Assistance PrograNovember 20

Improving Energy Code Compliance in Kentucky’s Build



Special thanks to the Midwest Energy Ef ciency Alliance and the Southeast Energy Ef ciency Alliance

www.mwalliance.org www.seealliance.org

The American Recovery and Reinvestment Act of 2009www.recovery.gov

The U.S. Department of Energy, Ofce of Energy Efciency and Renewable Energywww.eere.energy.gov

The Building Codes Assistance Projectwww.bcap-ocean.org

The Kentucky Department of Housing, Buildings, and Constructionwww.dhbc.ky.gov

Photo CreditsFront Cover: Courtesy of Flickr Creative Commons - Credit Peter Dedina

Acknowledgements Page: Courtesy of Flickr Creative Commons - Credit Michael Bok

Acknowledgements

This report was funded by the American Recovery and Reinvestment Act, through the combined efforts of thefollowing organizations: Kentucky Department of Housing, Buildings, and Construction, Building Codes AssistanceProject, and the U.S. Department of Energy.

http://www.mwalliance.org/

http://www.seealliance.org/

http://bcap-ocean.org/resources

http://bcap-ocean.org/consumers-take-action


http://www.dhbc.ky.gov/

http://www.dhbc.ky.gov/



http://bcap-ocean.org/resources

http://www.seealliance.org/

http://www.mwalliance.org/



Focus Area 1: FundingCritical Task: Secure Funding

Focus Area 4: State and Local PolicyCritical Task: Enforcement StrategiesCritical Task: New Energy Sub-Committee within Board of Housing

Focus Area 3: OutreachCritical Task: Consumer and Professional Outreach

Focus Area 2: TrainingCritical Task: Kentucky’s Energy Codes Delegates ProgramCritical Task: Expand Training for Energy Codes

Focus Area 5: Compliance EvaluationCritical Task: Conduct a Compliance Evaluation Study

Introduction 1

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Table of Contents

Timetable

Conclusion

19

21

Compliance Collaborative 3



This Strategic Compliance Plan represents the nal phase of the Compliance Planning Assistance(CPA) program, a collaborative effort undertaken by the Building Codes Assistance Project (BCAP)and the Kentucky Department of Housing, Buildings, and Construction (HBC) Division of Building CodesEnforcement (DBCE) and the Division of Heating Ventilation and Air Conditioning (HVAC) that beganin November 2010. Funded by the U.S. Department of Energy under the American Recovery andReinvestment Act (ARRA), Kentucky was chosen as one of ten states to participate in the second phase ofthis project based on input from project stakeholders and the likelihood of successful plan implementation.

Over the past eighteen months, this project has identi ed speci c vulnerabilities and opportunities inwidespread energy code compliance across Kentucky’s building sector. The product of this initial researchwas published in the Kentucky Gap Analysis Report. Based on the ndings from that report, HBC andBCAP developed this Strategic Compliance Plan, which describes the plan and outlines the critical actionsneeded to achieve 90 percent energy code compliance with the 2009 International Energy ConservationCode (IECC) by 2017, a condition of receiving ARRA funding from the US Department of Energy (DOE). Itis important to note that the HBC strives for 100 percent compliance with codes.

Kentucky faces some unique challenges in energy code implementation: per capita energy consumptionis higher than average compared to the rest of the U.S. and is projected to increase by more than 40percent between now and 2025; the Commonwealth has one of the lowest rates of electricity in thecountry; more than 40 percent of households use electricity as their primary energy source for home

heating; and buildings in Kentucky use 32 percent of total statewide energy consumption. The state knowsthat a strategy to advance energy ef ciency at the state-level must include raising the minimum standardof building energy performance.

However, the foremost challenge to energy code implementation in the state is a lack of a dedicatedfunding source for energy codes.

Kentucky’s current main strategies to achieve 100 percent compliance with 2009 codes by 2017 are:

• Adoption of ASHRAE 90.1-2007 for commercial buildings and the upcoming 2009 IECC forresidential;

• Full-day training seminars in 2011-2012, reaching more than 1,250 code enforcement andconstruction industry professionals;

• Online training modules for those unable to attend a training in person;• One dedicated person to support local jurisdictions and issue code interpretations;• A 2009 Energy Code Workbook to assist in demonstrating compliance with the energy code;• Requiring local jurisdictions to use COMcheck to con rm that plans match what is actually built;• Development of a Kentucky-speci c energy code compliance tracking software tool.

K e n t u c k y S t r a t e g i c C o m p l i a n c e P l a n

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1

Introduction



This plan describes the critical tasks necessary to achieve compliance with energy codes by 2017. Asillustrated in Figure 1 (below), the plan is organized around ve focus areas and their correspondingcritical tasks, which lead to buy-in and market transformation activities from key stakeholders, andultimately, full compliance with the energy code.

Given the variability of the political and economic landscape regarding energy ef ciency policies, thisplan does not and cannot identify every step and market actor that could be involved in the energycodes process. Rather, this plan can be considered an overarching guide for making strategic decisionsabout how and where to allocate funding and resources, with the understanding that new challenges andopportunities may alter the state’s strategies in the future.

Figure 1. Getting to 90 Percent Compliance

END GOALFOCUS AREAS CRITICAL TASKS STAKEHOLDER

OUTCOMES

Energy CodeCompliance

Collaborative

SecureFunding

State & LocalPolicy

EnforcementStrategies

Consumer &Professional

Outreach

TrainingProgram

KY EnergyCode

Delegation

ImplementPNNL

Guidelines

Outreach

Training

ComplianceEvaluation

O cialsEnforcethe Code

PolicymakersSupportthe Code

ConsumersExpect &Demandthe Code

FullCompliance

with theEnergy Code

Builders,Contractors, and

Other ProfessionalsBuild to The Code



Energy Code Compliance Collaborative

Roles of the ComplianceCollaborative

Why an Energy CodeCompliance Collaborative?An Energy Code Compliance Collaborative wouldbe a diverse group of stakeholders responsiblefor providing insights and recommendations to theKBH (and/or HBC) on energy code implementationalong with carrying out the tasks necessary toensure greater compliance with the energy code.It can also be a forum where stakeholders discussand stay involved in energy code complianceissues. The Collaborative will know what can berealistically implemented statewide and be able to

provide insights and perspectives from outside theKBH on how to prioritize and carry out the tasksnecessary to ensure greater compliance with theenergy code.

In addition, the Collaborative could take on somecritical tasks that are outside the scope and abilityof the HBC, such as policy changes that the HBCcannot take a stance on, but which would betremendously helpful to HBC’s efforts. There are anumber of invaluable supporting roles that such acollaborative group can play, as described below.

Building Support by Utilizing ConnectionsCollaborative members have unique perspectivesand interests. Members are well-connected andhave intimate knowledge of how to reach andcompel speci c audiences. Bringing these members’groups on board through the Collaborative canprovide a critical edge that leads to widespreadsupport for energy code compliance.

A Source of Expertise for PolicymakersBecause of the diverse knowledge of its members, the

Collaborative can serve as an authoritative sourcefor code-related information and provide validationfor state agencies, policymakers, and others.

Targeted OutreachUsing their rsthand knowledge of how to reachspeci c market actors and what arguments compelthem, the Collaborative will be well-positionedto craft and deliver messages to key groups andindividuals.

Securing Funding for Projects

Through its expertise and connections, theCollaborative can help secure future funding forprojects and advocate for long-term fundingsources (see Funding, pages 5 and 6).

Manage ProgramsIn cases where the HBC does not have the resourcesnecessary to oversee speci c code implementationprograms (i.e., a new training series, targetedconsumer outreach), the Collaborative can assist inmanaging speci c programs. K

e n t u c k y S t r a t e g i c C o m p l i a n c e P l a n

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Compliance Collaborative



Collaborative Members

Consider the following established stakeholder groups for membership:• Enforcement community: code of cials, plan reviewers, building inspectors, Energy Code Delegates• City and county government• Construction community: leaders from the HBA, AIA, ASHRAE, USGBC, etc.• State advocacy groups (e.g., Of ce of Consumers Council, Better Business Bureau, Habitat for

Humanity)• State utilities• Building product manufacturers in Kentucky• State laboratories, universities, or other research groups that focus on energy policy or advancing

building performance• Real estate, appraisal, and mortgage lending community• State Agencies: administrators of building codes, Department for Energy Development and

Independence, others

Collaborative Structure

Initially, HBC or the Department for Energy Development and Independence (DEDI) could inviteestablished energy code stakeholders (see box above) and later expand to new market actors througha consensus process. It is imperative that the Collaborative be comprised of representatives from allparties affected by the code to provide the state with a collective voice.

Ideally, the Collaborative would meet on a regular basis, as determined by its members to ensurethat efforts remain ongoing and issues are quickly resolved. Meetings could either be held in a centrallocation or rotate to different locations across the state.

When united as an active front, the Energy Code Compliance Collaborative can remain as the

organization that supports the state and helps to carry out important tasks for compliance.



FOCUS AREA 1

Current Status

Kentucky’s biggest challenge is its lack of a continuous fundingmechanism for energy focused programs. However, withoutongoing training, outreach and a continuous emphasis fromthe state to local jurisdictions, over time many constructionprofessionals and code of cials will be left without adequatetraining and resources to implement current energy codes.

4 Metropolitan Mayors Caucus. May 2010. “Best Practicesin Municipal Energy Code Compliance and Enforcement.”

Secure Funding CRITICAL TASK

As a possible source of funding to offset the cost of energycode inspection, the state could consider raising re-inspection fees following a failed inspection. In the Chicagoarea, some municipalities have found that issuing consistentre-inspection fees that fully cover the cost for additionalinspections not only helps cover departmental costs, but alsoacts as a deterrent to noncompliance. 4

A common way to fund energy code work is via the StateEnergy Program (SEP), DOE formula and competitivegrants, or through direct appropriations by the state. Inorder to access federal funding opportunities, Kentuckymust have a strategic plan in place and devote suf cientresources to respond in a timely fashion to federal requestsfor proposals. The KY Department for Energy Development

and Independence could collaborate with HBC to securesuch funding.

Consider Re-Inspection Fees

State and Federal Opportunities


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Funding



Utility support for energy codes is a rapidly growing source of funding in states, in the form of: EnergyEf ciency Resource Standard (EERS), Public Bene t Funds (PBF), and Demand Side Managementor Trust Fund. Sometimes, a utility will offer direct funding or other support for energy codes (e.g.:space/refreshment for meetings, technical assistance in energy codes, rebates for third-party energycerti cation). A common question is “Why would a utility invest is something that ultimately reduces theamount of energy they sell?” Some utilities want to invest in what is good for their communities. AustinEnergy in Texas and Fort Collins Utilities in Colorado are two examples of municipal-owned utilitiesthat have a strong focus on reducing energy demand in their communities. However, it is most commonfor utilities to fund energy ef ciency because they are mandated by state law or by the state publicutility commission to reduce energy growth in order to avoid/delay the need for building costly newpower plants that raise customer rates. Utilities can support energy codes by:• Funding/Administering energy code-related programs such as training and certi cation;• Assisting local jurisdictions with the implementation of diagnostic tools or software that streamline

enforcement;• Providing funding for the purchase of diagnostic equipment or code books;• Assisting with compliance evaluation studies.

An EERS is a regulatory mechanism (typically administered by state public utility commissions) thatrequires that energy providers (large investor-owned utilities, publicly-owned and/or cooperativeutilities) meet a speci c portion of their electricity demand through energy ef ciency within a speci ctime frame. For example, in Maryland utilities must “achieve a 15% reduction in per capita electricityconsumption and 15% reduction in per capita peak demand by 2015, compared to 2007 levels.”An EERS is enacted to expand the scale of energy savings achieved through utility energy ef ciencyprograms. More than half of all states have implemented an EERS. Some states allow utilities to getcredit toward EERS goals for energy ef ciency programs related to codes and standards, often forestimated savings resulting from training and compliance enhancement activities. Utilities recover theircosts for implementing energy ef ciency programs via a small monthly rider on energy bills. EERS andother similar funding mechanisms are being implemented in other states and could serve as a modelfor future funding opportunities for Kentucky.

Utility Funding for Energy Codes



Kentucky has invested in developing training curriculum for both the residential and commercialenergy codes. For residential energy code training, HBC partnered with the Home Builders Associationof Kentucky (HBAK) and the Code Administrators Association of Kentucky (CAAK) to offer ten full-day classes by May of 2012. The state expects that 500-600 construction professionals and codeenforcement of cials will be trained. Continuing education credits (CEUs) will be offered to codeenforcement attendees; home builders could receive CEUs that count toward HBAK member requirements.

For commercial code trainings, HBC held ve full-day (seven-hour) classes attended by 133 code of cialsand ten full-day (seven-hour) classes attended by 406 architects and engineers. Curriculum is presentedby teams of Energy Code Delegates (see Critical Task, page 8) in collaboration with the University ofKentucky.

In addition to these seminars, further training opportunities are offered:• Manual J and D training for licensed HVAC contractors will be given between December 2011 and

April 2012.

• One four-hour seminar sponsored in conjunction with AIA.

• Possibly one class at an AIA meeting in June 2012.

To supplement these in-person seminars, training modules were developed to offer residential energycode training to those unable to attend an in-person seminar.

In addition to the training efforts described above, HBC is offering 300 energy code certi cations freeof charge to plan inspectors and local building code of cials interested in becoming an ICC-certi edCommercial Energy Plans Examiner, Commercial Energy Inspector, and/or Residential Energy Inspector/Plans Examiner.

Finally, to help builders demonstrate compliance with the 2006 IECC, the HBC offers an “Energy CodeWorkbook.” It describes the three methods for residential compliance and the one prescriptive path forcommercial. The workbook has been adopted by several jurisdictions in the Commonwealth. It is unclear

how much jurisdictions are utilizing the workbook, but it is an excellent resource to assist local jurisdictions.

FOCUS AREA 2

Current Status


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Training



Program StructureTen Energy Code Delegates will assist in energy code training for code of cials and constructionprofessionals. Teams of three Delegates will lead ten one-day seminars on residential energy codes. AllDelegates will be certi ed as an Energy Plans Examiner, Commercial Energy Inspector, or ResidentialEnergy Plans Examiner and/or Inspector with the possibility of being certi ed as all three. In additionto conducting training on energy codes in 2011-2012, Delegates will act as mentors for other codeenforcement professionals in their regions to answer questions and support their peers as the stateheightens enforcement efforts of the newly adopted energy codes.

Kentucky’s Energy Code Delegates ProgramFor over a decade, we have known that energy codes are only weakly supported by the codeenforcement community. We have also learned that there are energy code “champions” at the communitylevel -- code of cials who take a special interest and professional pride in understanding and fullyenforcing energy codes. There is a critical need to increase the number of such champions “on-the-ground”. Kentucky has launched a program to create 10 “Delegates” capable of supporting energycodes by training and mentoring their peers during policymaking and adoption, as well as for technicalsupport and local training. Seven of the Delegates are state employees, and the remaining three areregionally located at local jurisdiction building departments. These individuals are a valuable asset and

provide a distinct advantage in meeting the state’s 100 percent compliance goal.

Considerations: Below are some suggestions for maximizing the effectiveness and in uence of KentuckyEnergy Code Delegates.• Following the initial training in 2011, Delegates (and HBC) should provide telephone and/or email support

to peers in the building code enforcement community regarding code compliance issues, and peer-to-peeradvice and consultation at code meetings and events.

• Delegates should continue to offer training to code of cials in their regions. On-site training is widelyconsidered the most useful type of training. Attendees augment their theoretical knowledge of energy codeprovisions with hands-on experience of where and how they apply to actual buildings. Instructors can also

demonstrate the principles of building science with real-world examples, such as duct-blaster and blower-door tests.

• Delegates can take on leadership roles in the Energy Code Compliance Collaborative, assisting in theformation of the Collaborative, and helping to identify and recruit additional members.

• A Delegate should also be able to appear as an expert at governmental hearings regarding the adoptionor modi cation of existing or new building energy codes in or around the Delegate’s jurisdiction. Theyshould also work with the ICC and other national, eld and chapter staff and leadership as appropriateregarding adoption and compliance issues as they arise.

• To help further establish the honorary role of Delegates, they should be given business cards with such titlesfor as long as they are active participants in the program.



FOCUS AREA 2

To reach 100 percent compliance, Kentucky must build on its current training efforts. In theshort-term, that entails providing code officials and design and construction professionals in thestate with a more in-depth “core” understanding of the energy code provisions of the 2009 IECC.A comparison of common training approaches is depicted in the table below. Kentucky’s currenttraining approach (with the addition of the KY Energy Code Delegation program) most closelyaligns with Level 3.

Expand Training for Energy Codes CRITICAL TASK

LENGTH (RESIDENTIAL):LENGTH (COMMERCIAL):

COVERAGE:FREQUENCY:ADDITIONAL:

LENGTH (RESIDENTIAL):LENGTH (COMMERCIAL):

COVERAGE:FREQUENCY:

ADDITIONAL:

LENGTH (RESIDENTIAL):

LENGTH (COMMERCIAL):COVERAGE:

FREQUENCY:ADDITIONAL:

Half-day trainingHalf-day trainingBasic energy code provisionsOngoing; updated after every code adoption or updateOnline

Full-day trainingFull-day trainingAll energy code provisionsOngoing around new code adoption – six months prior andafter new effective dateOnline

Full-day and multi-day training, or on-site training

Full-day and multi-day training, or on-site trainingIn-depth coverage of individual aspects of the energycode:

• HVAC, lighting systems, envelope, scope andadministration, energy modeling (simulation forcommercial buildings), etc.

• Installation, advanced building techniques• Additional code interpretation

Ongoing, updated after every code adoption or updateOn-site training, Train-the-trainer program, part oftechnical/community college program

Tiered Training

Basic Training

Intermediate Training

Advanced Training BEST PRACTICE


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Training



FOCUS AREA 3

Outreach



Garner Earned MediaEarned media refers to publicity gained through outreach efforts other than paid advertising. This is a low-costway to reach thousands of people via regular media outlets. Reporters are always looking for new and compellingstories with great visuals. Energy codes can meet these needs when pitched the right way. Kentucky can puttogether stories that describe to consumers the bene ts of energy codes and pitch these stories to consumer orpolitical reporters. The State can also develop a concise, one-page media “backgrounder” including facts and

bene ts of energy codes for a reporter’s reference. One example of earned media can be seen here: http://www.ksl.com/index.php?nid=148&sid=14492845

Here are some strategies for garnering earned media:

Newsworthy topics may include: the added cost toa new home vs. energy savings; how energy codeshelp reduce strain on aging utility infrastructure;and, how energy codes help keep rates low byreducing the need to build new power plants.

Kentucky should send the news release or article toconsumer or political reporters and follow up with aphone call. Some examples: http://bcap-ocean.org/news/2011/august/25/utah-media-outlets-draw-attention-energy-codes

Editorial boards determine and write the paper’s (or

magazine’s) of cial position on issues. Meeting withnewspaper or magazine editorial boards to informthem about the importance of energy codes is a no-cost activity that can go a long way toward raisingpublic awareness about energy codes.

Draft Press Releases and Articles

Meet with Editorial Boards

Another inexpensive way to gain exposure is topitch interviews with an energy “expert” (e.g. localgovernment of cial, code advocate) to local TV andradio news broadcasts (e.g., morning shows or 6:00news shows). Develop talking points and practice

interviews ahead of time. Conducting back-to-backinterviews over a set period of time allows yourexpert to reach multiple radio and TV stations in justa few hours or days. This can be especially successfulif planned in advance of an upcoming event (e.g., animportant state meeting, regional energy rate hike, oreven just “energy awareness month” in October).

Kentucky can make it easier for a TV station to coveran energy code story by providing it with ready-made interviews and video (called “b-roll”). These

one to two minute news-style stories save TV stationstime as they don’t have to travel to get goodimages of energy ef ciency. An example of onesuch story is found here: http://www.youtube.com/watch?v=D6cumG9i_eg&feature=youtu.be .

Conduct a Media Tour with a Local Expert

Produce a News Story with B-Roll


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OutreachFOCUS AREA 3

Consumer and Professional Outreach CRITICAL TASK

Consumer Outreach to Raise Public Awareness

http://www.ksl.com/index.php?nid=148&sid=14492845


http://bcap-ocean.org/news/2011/august/25/utah-media-outlets-draw-attention-energy-codes



http://www.youtube.com/watch?v=D6cumG9i_eg&feature=youtu.be











While home and building owners are the ones impacted by the ef ciency of their structures, fewknow about energy codes and assume that new buildings already meet modern energy standards.To empower consumers to demand greater energy ef ciency in buildings.

Consumer Resources

Messages from State

• When the incremental cost of building to the energy code is rolled into a standardmortgage, the net savings begins in the rst year, and saves owners money everymonth thereafter for the lifetime of the building

• Your home or business might not meet code—resulting in excessive energy billsevery month for the life of the building

• Check the energy ef ciency of the building before you buy or rent• Energy code checklists give you the power to be a smart home buyer

Potential Partners • Big-box retailers, Kentucky Housing Corporation, Kentucky Chamber of Commerce, As-

sociation of Realtors, Better Business Bureau, Code Of cials Association, Sierra ClubDisseminationStrategies

• Home and trade shows, real estate open houses, big-box retail events, local in-spection departments, website

Ready-madeResources • Available from BCAP at: http://bcap-ocean.org/consumers-take-action

The NEED:

The Goal:

Utilize Public Service Advertising (PSAs)PSAs are advertisements that you pay to create, but don’t pay to place. Rather, PSAs are given free placementsin unsold advertising space. They can be created in any format that regular ads come in: TV, radio, internet,billboards, and print. The cost depends on the type of ad. For example, a TV ad is signi cantly more expensivethan a radio ad. Free placements are not guaranteed, and there’s lots of competition for unsold ad spacefrom other good causes. However, given the economic downturn, there may be more unsold ad space availablecompared to a few years ago. Helpful tips:

• Do research. Energy codes are confusing to consumers. Prior to designing a PSA, conduct focus group studieswith your target audience to test different messages and determine which resonate well. Prior to producing aPSA, test your planned PSA to determine if it’s compelling.

• Have only one “call to action” – i.e. what you want the consumer to do upon seeing or hearing your ad, such

as a website. During focus groups, test to assure that the URL is memorable.• Educate media on why your PSA should be placed. After distributing the PSA to media, conduct outreach to

stations to inform them of why energy codes are vital to Kentucky. A simple phone call and email can be thedeciding factor on which PSA gets placed.

• Utilize a ready-made PSA. New Hampshire is willing to share their radio PSA with other states free-of-charge(you just pay to customize the call-to-action for your state). You can listen to this ad here: http://nhenergycode.wordpress.com/2011/08/29/psa-highlights-the-advantages-of-building-to-new-hampshire%E2%80%99s-energy-code/


http://nhenergycode.wordpress.com/2011/08/29/psa-highlights-the-advantages-of-building-to-new-hampshire%E2%80%99s-energy-code/








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The largest untapped resource for improving support for energy codes is the real estate, lending,and appraisal communities, which have signi cant in uence on the marketability and value ofhomes and buildings, as well as buyers’ and renters’ awareness of energy-ef cient construction.Engage these stakeholders in support of energy codes and energy-ef cient buildings.

Real Estate, Lending, and Appraisal Community Factsheets and Checklists

Messages from State• Energy codes reduce energy bills for citizens and businesses• Code-compliant homes are less likely to default on their mortgage payments• Code-compliant homes can be a signi cant selling point as they are more

comfortable and have lower monthly costs

Potential Partners• Kentucky Housing Corporation, Kentucky Chamber of Commerce, Association of

Realtors, Kentucky Association of Realtors, Kentucky Appraisal Professionals, Mort-gage Bankers Association of Kentucky

DisseminationStrategies

• One-on-one meeting to launch partnership and pilot projects• Home and trade shows, annual conferences, and monthly meetings

Potential Outcomes • Update MLS listings; adjust lending criteria; adjust appraisal criteria; new energyef ciency home loan products

The NEED:

The Goal:

Professional Outreach to Gain SupportPolicymakers, lenders, appraisers, real estate professionals, and the construction industry are typically not energyexperts and tend to learn about energy codes by whoever presents information to them (e.g., home builders,advocates). Thus, they need and appreciate information from the state about the bene ts of energy codes. Thoughthese stakeholders will be reached by public awareness campaigns, separate outreach builds support for energycodes and creates buy-in among disengaged groups.

The Energy Code Compliance Collaborative can go where necessary to reach these professionals: public hearings,conferences, and home shows. It may be more effective to reach out directly to stakeholder associations, such as theMunicipal League or AIA, to gain support from the top.

Two non-traditional groups to target are appraisers and lenders, who can make a major impact on support forcodes by of cially increasing the value of energy-ef cient homes. This will require a longer-term effort that couldbe led by the Collaborative.

In order to reach local policymakers, the state could give public recognition to local governments that showleadership by implementing successful or innovative best practices in energy code activities. When local jurisdictionssee their counterparts in other departments taking action, they are more likely to take action themselves. The statecan help draw attention and emphasize the importance of energy codes by getting articles into code of cialpublications, builder news publications, through the Kentucky League of Cities, and other venues.

When designing resources for stakeholders, it’s helpful to engage potential partners who can ultimately assist inthe dissemination of the nal product. The success of your resources is only as good as: (1) whether the messagesresonate with and motivate your target audience; and (2) getting it into their hands. Your dissemination plan shouldinclude using the media and partners to get resources out.

For all media outreach efforts, your “call to action” should entice your target audience to visit your website formore in-depth information. Below is an example of some resources the state can make available to professionalsthrough outreach and publication on its website.



Traditionally, the energy code receives little attention compared to other building codes.Code of cials and design and construction professionals understand the bigger picture of whycode enforcement and compliance is critical and have access to needed resources.

Code Enforcement Professional and Construction Professional Resources

Messages from State

• Energy codes protect consumers from excessive energy bills every month for thelifetime of the building

• It’s cheaper than you think to build to the energy code• Many builders are already doing it• When the incremental cost of building to the energy code is rolled into a standard

mortgage, the net savings to the owner begins in the rst year, and saves owners

every month thereafter for the lifetime of the building• It’s less expensive to built it right the rst time: energy ef ciency retro ts cost manymore thousands of dollars than prior to the drywall being hung

• More energy-ef cient homes result in fewer builder callbacks for discomfort• 32 percent of the energy used in Kentucky is for buildings. Reducing demand is:

(1) good for the state’s economy; (2) improves a families’ standard of living; (3)helps keep businesses from moving overseas to avoid high costs in the U.S.

Potential Partners • HBAs, CAAK, AIA, ASHRAE, local government associations


• Via relevant associations, home and trade shows, presentations at conferences,meetings, and direct outreach to key in uential individuals

Ready-madeResources

• Incremental cost information: http://bcap-ocean.org/incremental-cost-analysis • Simple factsheet on why energy codes are important and protect consumers. “Top

Ten Reasons for Energy Codes”: http://www.energycodes.gov/why_codes/ • Cost-savings calculator: http://bcap-ocean.org/resource/energy-code-calculator • Calendar of upcoming trainings (including availability of CEU credit)• Energy code checklists• Energy code work books

The NEED:The Goal:

http://bcap-ocean.org/incremental-cost-analysis

http://www.energycodes.gov/why_codes/

http://bcap-ocean.org/resource/energy-code-calculator







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Policymakers need reliable information regarding the value of energy codes and how their support(or lack thereof) impacts their constituents and community.To convince policymakers to support energy codes and empower them with the info they need totake a public stance for energy codes.

Policymakers Resources

Messages from State

• Energy codes boost the economy, as money saved from reduced energy bills canbe spent elsewhere.

• Energy codes protect citizens from substandard construction and a lifetime ofexcessive energy bills.

• Energy codes demonstrate scal responsibility and boost the economy.• If Kentucky began implementing the 2009 IECC and Standard 90.1-2007

statewide in 2011 (making incremental steps toward 100 percent compliancein 2017), by 2030 the Commonwealth would save $277 million in annualenergy costs for households and businesses. 5 This savings increases a consumer’spurchasing power, and helps expand the state’s economy by keeping local dollarsin Kentucky.

• Through energy codes, some of those dollars could be retained in-state to boostthe economy.

• Energy codes improve grid reliability and delay the need to build expensive newpower plants.

• Building right the rst time is more cost-effective than expensive energy retro tslater.

• Marketing energy ef ciency can help boost new home sales, as old homes areexpensive to heat and cool.• For the average new home, the costs of building to the new code will add $774

in construction costs—an increase of only 0.3%. When rolled into the averagemortgage, real costs to homebuyers will mean a down payment increase of$154.78, and $3.35 extra on monthly mortgage bills. These added mortgagecosts will be offset by monthly energy savings of $28, helping homebuyers payoff their initial investment in only seven months. After breaking even in monthseven, the homeowners will save $25 per month—or $300 every year thereafterfor the lifetime of the home.

Potential Partners • Local governments, Kentucky League of Cities, Kentucky Municipal UtilitiesAssociation


• City council hearings, mayors of ces, legislative conferences• Public outreach (see pages 11 and 12): print articles, local TV and radio

Ready-madeResources

• Incremental cost information: http://bcap-ocean.org/incremental-cost-analysis • Concise (one-page, bulleted) factsheet on why energy codes are important and

protect consumers. “Top Ten Reasons for Energy Codes”: http://www.energycodes.gov/why_codes/

• Cost-savings calculator: http://bcap-ocean.org/resource/energy-code-calculator

The NEED:

The Goal:

5 BCAP, September 14, 2010. “Building Codes & Energy Ef ciency: Kentucky”.











As previously noted, policies that create a dedicated funding source for energy codes should be thehighest priority for the state of Kentucky. The Kentucky Division of Energy Ef ciency and Conservation hasbeen considering such policies.

Enforcement Strategies CRITICAL TASK

New Energy Sub-Committee within Board of HousingCRITICAL TASK

The state is developing a plan to ramp up its emphasis on energy code enforcement. The plan includesintegrating a requirement for COMcheck to accompany other required construction documents at thestate level, and communicating a heightened importance to local jurisdiction enforcement staff.

While the state has allocated limited resources to support energy codes, the majority of local

jurisdictions have not. Building permit fees are in decline, departments are stretched thin, andincreasing the number of inspections for energy are nearly impossible in many areas. To assist localjurisdictions in offsetting these costs, the state could provide local jurisdictions with:

State-recommended “best practices” in energy code enforcement, which could include: expeditingpermitting process for builders who build to higher standards (third-party veri ed); accepting thethird-party certi cation in lieu of traditional energy code compliance path; and using an energy codeschecklist.

FOCUS AREA 4

In order to create a sustained council of knowledge and momentum for energy codes in Kentucky, thestate should establish an Energy Sub-Committee within the Board of Housing. The Board of Housing is thesole board responsible for energy codes, and while other sub-committees under the board of housingexist, an energy sub-committee does not. Therefore, the energy code is dealt with only as it pertainsto the larger cod, and is given the same amount of priority as other code subsets, such as electrical,plumbing, etc. The board does not have an internal source for information regarding incremental costs forhigher ef ciency, expertise on what other states are doing to overcome barriers, or detailed informationon how energy codes will affect Kentucky stakeholders. Nor is the board provided information on howenergy codes impact the bigger picture in Kentucky – its economy, the standard of living for families,or how energy ef ciency boosts the competitiveness of Kentucky-based corporations as they competeglobally.The state needs a concerted and sustained effort to continually track energy use in Kentucky and to keepthe momentum moving forward post-ARRA funding. The Energy Sub-Committee could not only advisethe state on speci cs of the energy code and future adoptions, but also be tasked with considering thebigger picture of how energy is used in buildings in Kentucky with the goal of reducing energy use overtime. For example, the committee could be tasked with developing a plan for reducing energy use inbuildings in order to reduce energy costs, spur job growth, bene t the environment, and increase thestate’s resources by harvesting energy ef ciency as a least-cost resource. The committee could work with aKentucky Energy Code Collaborative in a symbiotic way, as the Collaborative would be focused on complianceefforts and the sub-committee focused on adoption and “bigger picture” efforts at the state level.

State and Local Policy



Compliance Evaluation

To verify that energy code implementation efforts succeed— and to satisfy the conditions of the $69 million the stateaccepted in Recovery Act funding—Kentucky knows that itneeds to develop a compliance evaluation program in orderto:

1. Establish an energy code compliance baseline;2. Track progress toward achieving 100 percent compliance

by 2017.

Kentucky understands that at its core, compliance evaluationis not about doubting the competency of local code

of cials. Rather, a compliance study will determine how wellconstruction and design professionals are doing their job—and help the state know how to support themby providing the right resources.

While the state has ve years and a great deal of exibility to develop a strategy that works best forits unique needs, beginning early will make that process much easier.

Among other resources, the DOE’senergy codes website offers videos,best practices, and web toolsto demonstrate how states andlocal inspections departments cancreate a plan specifcally-tailoredfor Kentucky, at http://www.energycodes.gov/arra/compliance_ evaluation.stm .

Current Status

Kentucky has not undertaken any signi cantcompliance evaluation measures yet. Six staff

attended the DOE energy code training in SaltLake City and have begun discussing an approachfor measuring compliance. Staff will use thendings from the nine DOE and Paci c NorthwestNational Laboratory (PNNL) pilot studies as theydevelop their own plan.

In an effort to track data about energy codecompliance, the state is working with anindependent company that has developed asoftware tool for use by enforcement professionals.State of cials have formally requested PNNLassistance in accessing data currently captured byREScheck and COMcheck in the hopes of mergingdata from those programs with the new Kentucky-speci c tool. The state has requested access todata contained in REScheck and COMcheck so itcan better gauge the status of building activityand compliance methods across the state, and forinternal reporting purposes.

FOCUS AREA 5


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17

Compliance Evaluation

http://www.energycodes.gov/arra/compliance_evaluation.stm








Cost

The cost will vary depending on a variety offactors: number of buildings evaluated; methodof data collection (telephone, plans-only, or in-person inspections, and the number of inspections),cooperation from code of cials in capturing dataand contractors cost. Additionally, the complianceevaluation may vary greatly depending on thelevel of detail the state desires. Due to thesefactors, DOE’s pilot compliance studies rangedfrom $75,000 to as much as $750,000.

DOE has suggested that evaluation can be structured a number of ways: through rst-party evaluation bylocal inspections departments, second-party inspection by the state, or third-party evaluation by privatesector rms.

DOE has also developed a State Sample Generator ( http://energycode.pnl.gov/SampleGen/ ) toprovide states with suggested sample sizes based on the recent number of permits over preceding years.

HBC and its local inspection departments will have exibility to choose which buildings to include in thesample. Moreover, DOE will not require the state to track speci c buildings throughout every stage of theinspection process. Rather, inspections can be performed across a larger group of buildings, each at a

different level of completeness. For more information, please see: http://www.energycodes.gov/arra/compliance_evaluation.stm .

Another (and less expensive) method of learning more about energy compliance at the local jurisdictionlevel is to conduct a survey of code of cials. Such a survey was conducted in Michigan and providedinformation to the state on code of cials’ perceived rate of energy code compliance. While not asscienti cally valid, nor in-depth, it helped the state better understand the perceived rate of energy codecompliance by those who know best: code of cials.

Conduct a Compliance Evaluation Study CRITICAL TASK

http://energycode.pnl.gov/SampleGen/





http://energycode.pnl.gov/SampleGen/



2011-2012 2013 2014

E s t a

b l i s h

E C C Form Energy Codes

Compliance Collaborative(ECCC)

ECCC should develop aplan and move complianceefforts forward

Work with ECCC to developconsumer and professionaloutreach program

F u n

d i n g

Conduct outreach necessaryto establish long-termfunding mechanism

Work with ECCC to carry-out needed action to establish utility-funding

T r a

i n i n g

Full-day, in-person training seminars

Develop/launch online energycode training modules Continue to offer online training modules

Utilize Energy Code Delegates

O u

t r e a c h

Conduct consumer and professional outreach

E n

h a n c e

S t a t e & L o c a

l P o

l i c yEstablish an Energy Sub-Committee at Board of Housing Energy Sub-Committee is active

Implement plan to rampup local energy codeenforcement

Provide best practices andrecommended fee scheduleto local building departments

Continue to offer consistent energy code support and interpretations

Recognize exemplary efforts

C o m p

l i a n c e

E v a

l u a

t i o n

Develop Kentucky-speci csoftware tool to trackenergy code compliance

Use results of PNNL/DOE pilotcompliance studies to developand conduct a compliancestudy to determine baselinecompliance in KY

Evaluate and utilizecompliance evaluationndings to feedback tooutreach and training goals

Complete developmentof KY-speci c softwaretool to track energy codecompliance

O t h e r Worked with BCAP to

conduct study of currentenergy code status via“Gap Analysis Report”

Enhance HBC website;Develop outreach materialsfor targeted stakeholders


N O V E M B E R 2 0 1 1

19

Timetable



2015 2016 2017

F ul l C om

pl i an

c ew

i t h t h

eE n

er g

y C o d e

Work with ECCC to develop consumer and professional outreach program

Utility funding opportunitiesfor energy codesestablished

Work with ECCC to develop consumer and professional outreachprogram

Full-day, in-person training seminars

Continue to offer online training modules

Utilize Energy Code Delegates

Conduct consumer and professional outreach

Energy Sub-Committee is active



Continue to offer consistent energy code support and interpretations

Recognize exemplary efforts

Conduct complianceevaluation study todetermine energy code

compliance in KYEvaluate and utilizecompliance evaluationndings to feedback tooutreach and training goals

Conduct complianceevaluation study to determineenergy code compliance inKYUse compliance evaluation

ndings to improve outreachand training goals



Although the state of Kentucky is challenged by low energy costs and a lack of dedicated funding forenergy codes, the state is endowed with smart, creative, and dedicated staff at the HBC and DEDI. Withreduced budgets and a lack of plentiful staff time in the foreseeable future, Kentucky should use thiscreative manpower to initiate the low-cost / high-return effort of forming an Energy Codes Collaborativeand establishing an Energy Sub-Committee at the Kentucky Board of Housing. Both entities can assist thestate in carrying out the actions necessary (as detailed in this report) to achieve 100 percent energy codecompliance by 2017.

BCAP estimates that if Kentucky began implementing the 2009 IECC and Standard 90.1-2007 statewidein 2011 (making incremental steps toward 100 percent compliance in 2017), by 2030, the state wouldsave $277 million in annual energy costs for households and businesses, or $2.4 billion from 2011-30.

These monetary savings represent more than simply saved dollars. By reducing monthly expenses forhouseholds, it improves the standard of living for families and boosts local economies as their moneyis spent elsewhere in the community. As corporations in Kentucky transition to competing globally forbusiness, reducing operating expenses helps preserve jobs as corporations become less likely to have tolay off workers or move overseas to reduce costs.

If the state can continue to innovate as it is doing within HBC and the energy-ef ciency programs thatindirectly support energy codes, Kentucky can become a leading state that others will look to for bestpractices and lessons-learned on how to overcome great hurdles and move forward with updating energycodes to bene t the local economy, businesses, and citizens.


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Conclusion



For more information on the Compliance Planning Assistance Program, please email [email protected]

For more information on the Kentucky Department of Housing and Building Construction

Don NewberryBuilding Code Enforcement and HVAC DivisionHousing Buildings and Construction101 Sea Hero RoadFrankfort, Kentucky 40601(502) [email protected]

For more energy code compliance resources, please visitwww.bcap-ocean.org/resourceswww.energycodes.gov


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