Delaware

Current Codes

Delaware State Energy Code (Title 16, Chapter 76)

Code Type: Residential, Commercial

Based on: 2009 IECC, ASHRAE 90.1-2007 Mandatory

Date Effective: Thursday, July 1, 2010

Date Passed: Wednesday, July 29, 2009

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Additional Code Information

Code Adoption & Change Process

Code Change Process:

REGULATORY: The Delaware Energy Office will adopt the latest versions of the IECC and ASHRAE Standard 90.1. It shall promulgate procedures for certification of compliance with these codes and standards to be utilized by respective local governments.

Code Change Cycle:

Title 16, Chapter 76 of the Delaware Code now requires the Delaware Energy Office to review the Delaware State Energy Code every three years for potential updates to the most recent version of the IECC and ASHRAE Standard 90.1.

Next Code Update:

No update is scheduled, but the Delaware Energy Office reviews the Delaware State Energy Code every three years for potential updates to the most recent version of the IECC and ASHRAE Standard 90.1.

History:

In 1979 the Delaware legislature passed Senate Bill 321, which established a minimum code for energy conservation. The legislation provided that no county or municipality may adopt a building or plumbing code that contradicts the energy requirements of the Model Code for Energy Conservation in New Building Construction (MCEC) (a model code based on ASHRAE/IES 90-1975.)

Chapter 76 of Title 16 of the Delaware Code sets the minimum provisions for energy codes adopted and enforced by the Levy Court of Kent County and the County Councils of New Castle County and Sussex County. State legislation (Senate Bill 83) adopted the 1993 Model Energy Code (MEC) statewide in 1995.

Effective July 1, 2004, the state has adopted the 2000 IECC for new residential dwellings three stories or less in height. For all other buildings, the 2000 IECC and its 2001 supplement (with its reference to ASHRAE 90.1-1999) were in effect.

After the passage of SB 59 in July 2009 mandating the adoption and enforcement of the 2009 IECC and ASHRAE 90.1-2007 statewide, the new codes became effective July 1, 2010 (an update from the previous code based on the 2000 IECC). Title 16, Chapter 76 of the Delaware Code now requires the Delaware Energy Office to review the Delaware State Energy Code every three years for potential updates to the most recent version of the IECC and ASHRAE Standard 90.1.

Enforcement is currently the responsibility of local jurisdictions, but the Delaware Energy Office was charged with drafting rules to broaden the state’s role in assisting in the implementation. The DEO partnered with BCAP and Newport Ventures to offer six code training sessions throughout the state in May and June 2010.

See the Green Buildings Initiatives tab below for information on Delaware's zero net energy requirements for buildings.

History

Title 16, Chapter 76 of the Delaware Code requires the Delaware Energy Office, or its successor, in consultation with the Green Building Council of the Home Builders Association of Delaware, shall establish programs to promote the construction of zero net energy homes. A "zero net energy home" or "zero net energy building" is defined as a residence or commercial building that, through the use of energy efficient construction, lighting, appliances and on-site renewable energy generation, results in zero net energy consumption from the utility provider. Therefore, a net zero energy capable home must be energy efficient enough that if the home or building owner chooses to add on-site generation, net zero energy consumption could be achieved.

As of December 31, 2025, all new residential building construction in the State of Delaware shall be zero net energy capable.
As of December 31, 2030, all new commercial building construction must also be zero net energy capable.

Basic Facts

Climate Zone:

Zone 4A (zones based on DOE's most recent zoning: zone numbers based on a spectrum, zone 1 represents very hot weather and zone 8 represents subarctic weather. Letters indicate climate type, A-Humid, B-Dry, C-Marine)

Population:

885,122 (2009, U.S. Census Bureau)

Construction Activity:

New Housing Units Authorized by Permit:
Total units: 3,346
Number of Housing Units by Structure Type:
1 unit: 2,680
2 units: 72
3 and 4 units: 88
5 or more units: 506
(2008, Real Estate Center)

Projected Construction Rate:

Single family dwelling: 2,680 units (-39% less than previous year, and with an average value of $125,200 per unit
(2008, Real Estate Center)

CO2 Emissions:

17.38 MMT CO₂ (2007)

Energy Data

Primary Energy Source:

Petrolium: 45% (2007, EIA)

Energy Consumption:

302.0 Trillion BTU (2007, EIA)

Energy Expenditures:

3,848.90 Million Nominal Dollars (2007, EIA)

Energy Snapshot:

37% of the state’s natural gas supply and 26% of electricity consumption are used for heating the home.

Delaware’s residential sector relies most heavily on natural gas for energy

Residential use of electricity in Delaware costs 14.20 cents/kWh, exceeding the national average.

Source: EIA

Climate Concerns

Regional Issues & State Action:

According to the United States Global Change Research Program, extreme heat, declining air quality, draught and an increase in the frequency of severe precipitation and Atlantic hurricanes are likely to pose increasing problems for the Southeast United States. In addition, sea-level rise is projected to accelerate, endangering shorelines and major coastal cities. In the southeast, the annual average temperature has increased by 2°F since 1970. Annual average temperatures are projected to rise 4.5°F-9°F with the greatest increase occurring in the summer months. The effects of climate change could significantly alter the region’s economy, landscape, character, and quality of life.

In 2000, the the University of Delaware’s Center for Energy and Environmental Policy (CEEP) prepared a Climate Action Plan for Delaware’s Climate Change Consortium. This project, sponsored by the State’s Energy Office and the U.S. EPA’s State and Local Climate Change Program was designed to raise awareness of climate change and to address the problems caused by it. In addition, Delaware is a member of the Regional Greenhouse Gas Initiative (RGGI) which is a "cooperative effort by ten Northeast and Mid-Atlantic states to limit greenhouse gas emissions. RGGI is the first mandatory, market-based CO2 emissions reduction program in the United States." (from RGGI Fact Sheet)

BCAP Estimated Energy Savings

If Delaware began implementing the 2009 IECC and Standard 90.1-2007 statewide in 2011, businesses and homeowners would save an estimated $25 million annually by 2020 and $51 million annually by 2030 in energy costs (assuming 2006 prices).

Additionally, implementing the latest model codes would help avoid about 6.6 trillion Btu of primary annual energy use by 2030 and annual emissions of more than 0.47 million metric tons of CO2 by 2030.

Resources

CPA Presentation: 2012 ACEEE Summer Study

posted by Mark Lessans
White Paper: Compliance Planning Assistance Program

posted by Mark Lessans
Delaware Strategic Compliance Plan

posted by Mark Lessans
Guidance for Real Estate Professionals on Home Energy Efficient Attributes

posted by Eric Plunkett
Delaware Gap Analysis Report

posted by Eric Plunkett

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Advocacy Opportunities	Status	Explanations
Adopt Mandatory Codes		Residential As of July 1, 2010, the 2009 IECC is in effect across the state. Commercial As of July 1, 2010, ASHRAE Standard 90.1-2007 is in effect across the state.
Adopt an Automatic Review & Update Process		The Delaware Energy Office reviews the State Energy Code triennially for potential updates to the IECC energy code and ASHRAE standard.
Create a Regulatory Process		The Delaware General Assembly considers new legislation in January of each year.
Improve Compliance		Residential Enforcement is at the local level and left to code officials within the county or municipality. The Department of Administrative Services is responsible for enforcing compliance for state-owned buildings. Commercial Enforcement is at the local level and left to code officials within the county or municipality. The Department of Administrative Services is responsible for enforcing compliance for state-owned buildings. COMcheck may be used to show compliance.
Eliminate Weakening Amendments
Add Strengthening Amendments
Allow Innovation at the Local Level		Jurisdictions may adopt codes more stringent than the state adopted code.
Set Milestones		In May 2009, Governor Jack Markell signed SB 19, which mandated the adoption of 2009 IECC and ASHRAE Standard 90.1-2007 (to be effective July 1, 2010) and also established a program for zero net energy capable buildings and created a triennial update and review process for the state model energy code. The bill has a December 2025 goal that all new residential construction will have zero net energy capability.
Adopt Green Codes

August 2009

Resources:

ICLEI - international association of local governments and their associations
www.iclei.org
There is one local government member from Delaware:
New Castle

Mayors Climate Protection Center
www.usmayors.org
One Delaware Mayor has signed The U.S. Conference of Mayors’ Climate Protection Agreement:
(City, Mayor)
Wilmington, Mr. James M. Baker

International Codes Council (ICC) Regional Support and State Offices:
Ms. Janice Moy
ICC Chicago District Office
4051 West Flossmoor Road
Country Club Hills, IL 60478
Phone: 1-888-422-7233, Ext. 4525
JMoy@iccsafe.org

Mr. Roland W. Hall, PE
Senior Regional Manager
519 Solly Avenue
Philadelphia, PA 19111
Phone: 1-888-422-7233, Ext. 7302
RHall@iccsafe.org

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