COMCOR 8-14A. Energy Performance Standards for County Buildings - Regulations

1.0 To provide policies and procedures to implement Building Energy Design Standards, pursuant to Chapter 8, Section 8-14A, Montgomery County Code (1984, as amended).

2.0 These policies and procedures shall apply to all new County buildings and additions with a floor area greater than 10,000 square feet contracted for design after September 1, 1985.

2.1 These policies and procedures shall apply to major renovation of County buildings involving a floor area greater than 10,000 square feet and which costs more than 25% of the equivalent cost of new construction or which involves replacement of the heating and air-conditioning system, contracted for design after September 1, 1985.

3.0 County Building - Any building for which the County Government budget finances all or part of the construction costs.

3.1 Energy Performance Index or Indices (EPI) - A number quantifying the total metered energy input to the building from all sources over one full year of simulated use, converted to common units of Btu's and expressed per square foot of gross interior floor space.

3.2 Life-Cycle-Cost Analysis - The method of economic analysis which compares design alternatives on the basis of their total lifetime costs, rather than immediate first cost. In building design, life-cycle-cost analysis takes proper account of the trade-off between first cost and future utility and maintenance costs the building will experience. Life-cycle-cost analysis applies to, but is not limited to, the following building elements:

1. Heating, ventilating and air-conditioning system types and equipment selections;

2. Lighting fixtures, lamps, ballasts and controls;

3. Building thermal envelope and distribution of windows;

4. Daylighting alternatives for perimeter and core areas.

3.3 Energy Analysis - The estimation of annual energy consumption by all building energy systems including, but not limited to, the following elements:

1. Lighting of the building interior and exterior;

2. Heating, ventilating and air-conditioning systems, including required fans and pumps;

3. Domestic Water Heating;

4. Receptacle loads for computers and miscellaneous equipment.

3.4 InterAgengy Committee on Energy and Utilijy Management: The committee of county agencies coordinating energy and utility issues in County government, established by Council Resolution 10-167, 1983.

3.5 Energy Performance Standards - The energy design standards, performance indices and calculation procedures adopted for agency use by the InterAgency Committee on Energy and Utility Management. These standards must meet or exceed the requirements published by the State of Maryland Manuals entitled Procedures for Implementation of Energy Conservation, as amended or superseded.

3.6 Designer: The Architect and/or Engineer hired to design a County Facility.

4.0 New Construction Energy Performance. All new buildings contracted for design after the effective date of this regulation must satisfy the Energy Performance Indices (EPI) defined in the County Energy Performance Standards. The Designer must follow all requirements of the Energy Performance Standards in calculating the EPI.

4.1 Renovation Energy Performance. All renovated buildings contracted for design after the effective date of this regulation must satisfy an Energy Performance Index issued by the Director of the agency or Department responsible for the design and construction of that building. The EPI for the renovation must not exceed the EPI for new construction in the same building type category by more than 25 percent. The Designer must follow all applicable requirements of the Energy Performance Standards in calculating the EPI.

4.2 Categories not listed. If the building does not fall into one of the categories listed in the Energy Performance Standards, the Director of the agency or department responsible for the design must issue an Energy Performance Index for that building.

4.3 Compliance Documentation. The Designer must be required to demonstrate compliance with the building EPI through documented Energy Analysis of the building design. The Energy Analysis must show compliance with Energy Performance Standards and written certification that the building meets the assigned EPI.

4.4 Decisions by Life-Cycle-Cost Analysis. The Designer must be required to perform Life- Cycle-Cost analysis of major building systems and configurations. The Department responsible for design and construction of the building must determine the minimum alternatives for evaluation. The designer must use methodology described in Energy Performance Standards, or another appropriate methodology approved by the responsible agency or department. The Designer must then incorporate those systems and configurations selected by the responsible agency or department into the design.

4.5 Variances. If the Designer believes that there are substantial extenuating circumstances which will prevent a design from meeting the assigned Energy Performance Index, the Designer may apply for a variance or modification in writing. The variance request must be accompanied by an Energy Analysis which uses approved programs to analyze the extenuating circumstance and proves the EPI cannot be satisfied. The request for variance must be submitted to the Director of the agency or department responsible for the design and construction of the building. The Director must, in turn, give notice and 30 days to comment on the request to:

a. The County Council;

b. The Department of Environmental Protection; and

c. The Energy Conservation Advisory Committee.

The Director must then decide whether to grant the variance. The Designer must be required to accept the decision of the Director.

4.6 Monitoring. The Department responsible for the design and construction of a building shall monitor the actual energy usage of the building once it is occupied. This data shall be used by the agency or department to gauge the effectiveness of the Energy Performance Standards and alter the standards when appropriate.

4.7 Design Incentives. The design contract may provide an incentive bonus payment based on actual energy use of a building. To qualify for a bonus payment, the actual energy use of the building for a period of one year must be less than the assigned EPI, provided that no variances to the EPI had been granted. Approval of such contract provisions and approval of bonus payments shall lie with. the Director of the agency or department responsible for the design.

5.0 The department or agency responsible for the design and construction of the building shall be responsible for including the requirements of this regulation in all contracts for design of buildings or renovations covered by this regulation.

5.1 Reporting. The department or agency responsible for the design and construction of a building shall provide copies of the certificate of compliance in the Resource Conservation Plan for the appropriate year. The Department of Environmental Protection will monitor and evaluate the effectiveness and appropriateness of the standards for report in the periodic Comprehensive Energy Plan.

The provision of these regulations are severable and if any provision, clause, sentence, section, word or part thereof is held illegal, invalid or unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts of these regulations or their application to other persons or circumstances.