Massachusetts

Current Codes

Massachusetts Building Code for One- and Two-Family Dwellings, Chapter 61

Code Type: Residential

Based on: 2009 IECC Mandatory

Date Effective: Friday, January 1, 2010

Date Passed: Friday, December 11, 2009

Massachusetts Basic Building Code, Chapter 13

Code Type: Commercial

Based on: 2009 IECC Mandatory

Date Effective: Friday, January 1, 2010

Date Passed: Friday, December 11, 2009

Massachusetts "Stretch Code" Appendix 120AA (Voluntary)

Code Type: Residential, Commercial, Public Buildings

Based on: 2009 IECC, ASHRAE 90.1-2007, State-developed code Not Mandatory

Date Passed: Wednesday, July 1, 2009

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Additional Code Information

Code Adoption & Change Process

Code Change Process:

Code amendment cycles occur twice a year, as required by statute, and include a public hearing process. The Board of Building Regulations & Standards has sole authority to promulgate the Massachusetts State Building Code (MSBC). Anyone can submit code change proposals to the Board. Adopted code changes are typically promulgated during the year of adoption.

Code Change Cycle:

The state Board of Building Regulations and Standards (BBRS) is required to revise the building code to the latest version of the IECC every three years. Public hearings are held each May and November to consider proposed modifications to the code. Most recent update effective January 1, 2010.

Next Code Update:

bcap-ocean.org/news/2010/january/07/massachusetts-bbrs-approves-2009-iecc-amendment

History

By statute, the uniform MSBC has been the single, legal statewide building code since January 1, 1975. The MSBC applies to all new construction and certain work in existing buildings. The energy provisions in the MSBC were developed by the Board's Energy Advisory Committee, working with staff supported by a federal grant from USDOE, and with additional support from the Massachusetts Division of Energy Resources which administers utility rebate programs and establishes state energy policy.

The Sixth Edition of the Massachusetts Building Code (780 CMR) was in use until late 2008 to early 2009. Chapter 61 for residential buildings was based off of the 2000 IECC. Chapter 13 for non-residential buildings was based off of the 2000 IECC, ASHRAE 90.1-1999, and additional state-developed amendments.

On April 1, 2007, the Seventh Edition of the Code for Single and Two Family Dwellings became effective. A six month overlap period until October 1, 2007 allows a code user to use either the sixth or seventh edition of the code (without mixing provisions). A permit applicant would have to file an application on or before October 1st in order to utilize provisions of the sixth edition.

On July 2, 2008, the state of Massachusetts updated its Seventh Edition, Code for One- and Two-Family Dwellings (780 CMR) and its Seventh Edition Basic Building Code (for all other buildings) with state-specific front-end amendments. The code update includes extensive changes to both Chapter 61 (residential energy) and Chapter 13 (commercial energy).

To meet Chapter 61, a one- or two-family dwelling will have to comply with either the 2007 Supplement to the 2006 edition of the IECC or score 100 or less on an accredited Home Energy Ratings System (HERS). To meet Chapter 13, a commercial building must meet either ASHRAE 90.1-2007 or the 2007 Supplement to 2006 edition of the IECC. The air barrier requirements for commercial buildings are more stringent than those in the IECC. There are also provisions mandating that any changes relative to the IECC must improve energy efficiency as well as updating the state code every three years per the standard ICC code update cycle.

The 7th Edition became effective on October 6, 2008. The residential code update was fully effective immediately. For commercial buildings, there was a 6-month interim period until April 6, 2009 in which either the 6th or the 7th edition of the commercial code could be used.

On November 20, 2008, Massachusetts Governor Deval Patrick set two major goals for energy efficiency and renewable energy. The first aims to make all new malls and "big box" retail stores energy efficient and powered in part by solar energy by 2010. The second goal is for the state to offer a super-efficient building code as a local option for municipalities based on established national voluntary above-code efficiency standards such as the Energy Star for Homes program and the New Buildings Institute's "Core Performance" program for commercial properties.

STRETCH CODE: In July 2009, Massachusetts became the first state to adopt an above-code appendix to its state code - the 120 AA ‘Stretch’ Energy Code. The ‘Stretch’ Code is an enhanced version of the 2009 IECC with greater emphasis on performance testing and prescriptive requirements. It was designed to be approximately 20 percent more efficient than the base energy code - the IECC 2009 for new construction, with less stringent requirements for residential renovations.

In December 2009, in accordance with the statutory requirements of the Green Communities Act of 2008, the Board of Building Regulations and Standards (BBRS) has amended the 7^th Edition State Building Code (780 CMR). As of January 1, builders must use the 2009 IECC with MA amendments. BBRS is allowing a 6-month concurrency period, through June 30, 2010, during which either the previous code (the 2006 IECC with the 2007 IECC Supplement and MA amendments) or the new code may be used. Commencing July 1, 2010, the baseline energy conservation requirements of the State Building Code will default to IECC 2009 and MA amendments. The MA changes to the IECC can be found by referring to Chapters 13, 34, 61 and 93 amendments posted on the BBRS website.

Massachusetts was selected as one of BCAP's 'Ten Places to Watch' for the state's efforts to distinguish itself in the energy codes world. As the year advances, BCAP will track their progress, highlight their successes, encourage dialogue with interested outside organizations, and share their best practices and lessons learned with other places throughout the country looking to improve their energy code policies.

Basic Facts

Climate Zone:

5A (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:

6,593,587 (2009, U.S. Census Bureau)

Construction Activity:

New Housing Units Authorized by Permit:
Total units: 9,883
Number of Housing Units by Structure Type:
1 unit: 5,368
2 units: 332
3 and 4 units: 211
5 or more units: 3,972
(2008, Real Estate Center)

Projected Construction Rate:

Single family dwellings: 5,368 (-40% less than previous year), and with an average value of $263,100 per unit
(2008, Real Estate Center)

CO2 Emissions:

79.90 MMT CO₂ (2007)

Energy Data

Primary Energy Source:

Petroleum: 45.2% (2007, EIA)

Energy Consumption:

Total Annual Energy Consumption of 1,514.6 Trillion BTU (2007, EIA)

Energy Expenditures:

25,861.9 Million Nominal Dollars (2007, EIA)

Energy Snapshot:

44% of the state’s natural gas supply and 39% of consumed fuel oil are used for heating the home.

Natural gas and petroleum are the largest consumed source of energy for the state’s residential sector

Residential use of natural gas in Massachusetts costs up to $18.97/thousand cu ft., exceeding the national average

Source: EIA

Climate Concerns

Regional Issues & State Action:

According to the United States Global Change Research Program, extreme heat and declining air quality are likely to pose increasing problems for human health, especially in urban areas. In addition, agricultural production, including dairy, fruit, and maple syrup, are likely to be adversely affected while significant sea-level rise and storm surge will effect coastal cities and ecosystems around the nation. In the northeast, the annual average temperature has increased by 2°F since 1970, with winter temperatures rising twice this much. The effects of climate change could significantly alter the region’s economy, landscape, character, and quality of life.

In 2003 Governor Romney created the Office for Commonwealth Development (OCD) which was charged with the creation of Massachusetts first climate action plan. Completed in 2004, the Massachusetts Climate Protection Plan aims to reduce greenhouse gas emissions and improve energy efficiency in the state. The United States Environmental Protection Agency awarded OCD with the National Award for Smart Growth Achievement for Overall Excellence in Smart Growth. Massachusetts continues to be a leader in climate change initiatives heading multiple initiatives through the Department of Environmental Protection. In addition, Maine 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."

BCAP Estimated Energy Savings

By implementing the 2009 IECC and Standard 90.1-2007 statewide, Massachusetts businesses and homeowners will save an estimated $38 million annually by 2020 and $74 million annually by 2030 in energy costs (assuming 2006 prices).

Additionally, implementing the latest model codes will help avoid about 6.1 trillion Btu of primary annual energy use by 2030 and annual emissions of more than 0.42 million metric tons of CO₂ by 2030.

A 2010 BCAP analysis indicates that the weighted average incremental construction cost of upgrading to the 2009 IECC in Massachusetts would be $910.99 per home. On average, the annual energy savings per home would be $200.50, meaning the simple payback for homeowners would occur, on average, in 4.54 years. These estimates are conservative and represent the upper bound on incremental cost.

Resources

BCAP Comments to Massachusetts State Board of Building Regulations and Standards on 2012 IECC Update

posted by Matt Kerns
Talking Points in Support of Massachusetts Adoption of the 2012 IECC

posted by Matt Kerns
MEEA's New Study on Utility Programs and Building Energy Codes

posted by Seul Rhee
Guidance for Real Estate Professionals on Home Energy Efficient Attributes

posted by Eric Plunkett
Energy Efficiency Resource Standards: A Progress Report on State Experience

posted by Anonymous

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Advocacy Opportunities	Status	Explanations
Adopt Mandatory Codes		Residential Massachusetts has a statewide mandatory residential code. The 7th Edition of the Massachusetts Building Code for One- and Two-Family Dwellings (780 CMR), Chapter 61 stipulates that new homes either comply with the 2006 IECC and 2007 supplement OR achieve a Home Energy Rating System (HERS) score of 100 or fewer points. Commercial Massachusetts has a statewide mandatory commercial code. The 7th Edition of the Massachusetts Basic Building Code (780 CMR), Chapter 13 calls for compliance with either the 2006 IECC with 2007 supplement or ASHRAE 90.1-2007.
Adopt an Automatic Review & Update Process		The Board of Building Regulations and Standards (BBRS) is required to revise building codes every three years in accordance with the latest version of the IECC.
Create a Regulatory Process		Code amendments occur twice a year as required by statute and include a public hearing process. The Board of Building Regulations & Standards has sole authority to promulgate the Massachusetts State Building Code (MSBC). Anyone can submit code change proposals to the Board. Adopted code changes are typically promulgated during the year of adoption.
Improve Compliance		Residential Compliance is determined at the local level by local building inspectors as part of an application review and inspection process. Compliance is addressed in three distinct ways: 1) Registered architects and engineers at the design level are charged by state law with abiding by design criteria of the code; 2) The construction community is equally charged with abiding by the code; and 3) Building officials review the submitted plans and complete inspections prior to issuing the certificate of compliance. Compliance paths include both prescriptive and performance approaches. REScheck may be used to demonstrate compliance. Commercial Compliance is determined at the local level by local building inspectors as part of an application review and inspection process. Compliance is addressed in three distinct ways: 1) Registered architects and engineers at the design level are charged by state law with abiding by design criteria of the code; 2) The construction community is equally charged with abiding by the code; and 3) Building officials review the submitted plans and complete inspections prior to issuing the certificate of compliance. Plan review and construction inspection, although performed by the local building official, is also required of the engineers/architects of record when buildings exceed 35,000 feet3 of interior volume. Compliance paths include both prescriptive and performance approaches and COMcheck may be used to demonstrate compliance.
Eliminate Weakening Amendments
Add Strengthening Amendments		In May 2009, the Massachusetts Board of Building Regulations and Standards (BBRS) approved Appendix 120AA as an optional amendment to the 7th Edition Massachusetts Building Code - 780 CMR. This optional "stretch code" was developed in response to the call for improved local building energy efficiency in the state. Towns and cities may adopt Appendix 120AA as an alternative to the base energy efficiency requirements of 780 CMR and the forthcoming 8th Edition Massachusetts Building Code that will be based on the 2009 IECC (Massachusetts is required by the Green Communities Act of 2008 to adopt each new IECC edition within one year of its publication). The appendix, which includes both a residential and commercial stretch code, is designed to achieve 30% greater energy savings than the 2006 IECC and ASHRAE Standard 90.1-2004 model codes, or about 15% greater energy savings than the 2009 IECC. The residential elements of the stretch code are based on compliance with the U.S. EPA’s ENERGY STAR standard, and the commercial elements are based on the New Building Institute’s (NBI) Core Performance guidelines. Effective beginning in the summer of 2009, Appendix 120AA will function as a local option code and once it goes into effect, municipalities will be able to adopt it.
Allow Innovation at the Local Level		Until recently, Massachusetts had a restrictive code that prohibited above code adoption. The Massachusetts General Laws stated that a jurisdiction could appeal for more restrictive standards due to special circumstances. In May 2009, however, the state adopted the 120.AA ‘Stretch’ Energy Code as an appendix to the state code, 780 CMR. 60-70 towns have expressed interest in adopting it. Massachusetts is considered a “Dillion Rule” state, a state which prohibits local jurisdictions from going beyond state codes.
Set Milestones
Adopt Green Codes		State Wide Standard: Leading by Example, 2007, Public Building Energy Standards, 2008 Description: The Massachusetts Leading by Example program oversees and coordinates Massachusetts state agencies, University of Massachusetts campuses, state and community colleges, to reduce environmental impact through the use of clean energy and efficient buildings. The Public Building Energy Standards sets a reduction goal for greenhouse gasses as well as reduced energy usage per FY2004 baseline. For all buildings where the state pays for energy, energy reduction goals are: 20% by 2012, and 35% by 2020. Water reduction goals are also set at 10% by 2012, and 15% by 2020. All new State construction must also meet "Mass. LEED Plus" standards as established by the Commonwealth of Massachusetts Sustainable Design Roundtable. Currently, this means: LEED Certification (for projects larger than 20,000 ft2), 20% better energy performance than Mass. code, third party commissioning, 50% reduction in outdoor water use/20% reduction in indoor use (per standard baseline projections), and conformance with one of four "smart growth criteria". Energy Standard: Commercial LEED Certification: below is summarized from LEED New Construction (NC), details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power. In Addition: Decreased energy consumption in existing building 35% by 2020. New construction over 20,000 ft2 20% more efficient than State Energy code, and LEED certification.

August 2009

Resources:

ICLEI - international association of local governments and their associations
www.iclei.org
Massachusetts has thirty-five local government members:
Amherst, Ayer, Belmont, Boston, Cambridge, Carver, Devens, Greenfield, Hingham, Hull, Ipswich, Kingston, Lexington, Lincoln, Medford, Nantucket, Natick, Newburyport, Newton, Northampton, Pittsfield, Provincetown, Queen Anne's County Board of Commissioners, Reading, Salem, Shutesbury, Spencer, Springfield, Waltham, Wellesley, Williamstown, Winchester, Worcester, Yonkers, and Yorktown.

Mayors Climate Protection Center
www.usmayors.org
Twenty-eight Massachusetts Mayors have signed The U.S. Conference of Mayors’ Climate Protection Agreement:
(City)
Amesbury, Boston, Brockton, Cambridge, Chelmsford, Fitchburg, Gloucester, Greenfield, Hopkinton, Hull, Lawrence, Leominster, Lowell, Malden, Marlborough, Medford, Melrose, New Bedford, Newburyport, Newton, Pittsfield, Provincetown, Salem, Somerville, Springfield, Sudbury, Truro, and Worcester.

International Codes Council (ICC) Regional and State Chapters:
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

Ms. Dorothy M. Harris
Vice President, State & Local Government Relation
48 Dublin Drive
Niskayuna, NY 12309
Phone: 1-888-422-7233, Ext. 7722
DHarris@iccsafe.org

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