Administration and Enforcement
**Form Building Envelope Checklist (ENV-CHK), Form Mechanical Checklist (MECH-CHK), Form Complex Mechanical Checklist (MECH-COMP), Form Lighting Checklist (LTG-CHK), Form Motor Checklist (MECH-MOT)**
Chapters 11 through 20 of this Code shall be known as the "Washington State Nonresidential Energy Code" and may be cited as such; and will be referred to hereafter as "this Code."
SECTION 1110 - PURPOSE AND INTENT
The purpose of this Code is to provide minimum standards for new or altered buildings and structures or portions thereof to achieve efficient use and conservation of energy. It is intended that these provisions provide flexibility to permit the use of innovative approaches and techniques to achieve efficient use and conservation of energy.
The purpose of this Code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Code. This Code is not intended to abridge any safety or health requirements required under any other applicable codes or ordinances.
The provisions of this Code do not consider the efficiency of various energy forms as they are delivered to the building envelope.
This Code sets forth minimum requirements for the design of new or altered buildings and structures or portions thereof that provide facilities or shelter for public assembly, educational, business, mercantile, institutional, storage, factory and industrial occupancies by regulating their exterior envelopes and the selection of their HVAC, service water heating, electrical distribution and illuminating systems and equipment for efficient use and conservation of energy.
EXCEPTION: The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. "Temporary growing structure" means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention. A temporary growing structure is not considered a building for purposes of this Code.
SECTION 1130 - APPLICATION TO EXISTING BUILDINGS
Additions, alterations or repairs, changes of occupancy or use and historic buildings that do not comply with the requirements for new buildings shall comply with the requirements in Sections 1130 through 1134.
EXCEPTION: The building official may approve designs of alterations or repairs which do not fully conform with all of the requirements of Sections 1130 through 1134 where in the opinion of the building official full compliance is physically impossible and/or economically impractical and the alteration or repair improves the energy efficiency of the building.
In no case shall energy code requirements be less than those requirements in effect at the time of the initial construction of the building.
1131 Additions to Existing Buildings: Additions to existing buildings or structures may be constructed without making the entire building or structure comply, provided that the new additions shall conform to the provisions of this Code.
EXCEPTION: New additions which do not fully comply with the requirements of this Code and which have a floor area which is less than 750 ft2 may be approved provided that improvements are made to the existing building to compensate for any deficiencies in the new addition. Compliance shall be demonstrated by either systems analysis per Section 1141.4 or component performance calculations per Sections 1330 through 1334. The nonconforming addition and upgraded existing building shall have an energy budget or target UA and SHGC that are less than or equal to the unimproved existing building, with the addition designed to comply with this Code.
1132 Alterations and Repairs: Alterations and repairs to buildings or portions thereof originally constructed subject to the requirements of this Code shall conform to the provisions of this Code without the use of the exception in Section 1130. Other alterations and repairs may be made to existing buildings and moved buildings without making the entire building comply with all of the requirements of this Code for new buildings, provided the following requirements are met:
1132.1 Building Envelopes: Alterations or repairs shall comply with nominal R-values and glazing requirements in Table 13-1 or 13-2. **CAM 403; Form Building Envelope Checklist (ENV-CHK); Website NFRC**
EXCEPTIONS:
- Storm windows installed over existing glazing.
- Glass replaced in existing sash and frame provided that glazing is of equal or lower U-factor.
- For solar heat gain coefficient compliance, glazing with a solar heat gain coefficient equal to or lower than that of the other existing glazing. **CAM 403; Website NFRC**
- Existing roof/ceiling, wall or floor cavities exposed during construction provided that these cavities are insulated to full depth with insulation having a minimum nominal value of R-3.0 per inch installed per Sections 1311 and 1313.
- Existing walls and floors without framing cavities, provided that any new cavities added to existing walls and floors comply with Exception 4.
- Existing roofs where the roof membrane is being replaced and
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- The roof sheathing or roof insulation is not exposed; or
- If there is existing roof insulation below the deck.
In no case shall the energy efficiency of the building be decreased.
1132.2 Building Mechanical Systems: Those parts of systems which are altered or replaced shall comply with Chapter 14 of this Code. **CAM 404, CAM 406, CAM 415; Form Mechanical Checklist (MECH-CHK), Form Complex Mechanical Checklist (MECH-COMP)**
All new systems in existing buildings, including packaged unitary equipment and packaged split systems, shall comply with Chapter 14.
Where mechanical cooling is added to a space that was not previously cooled, the mechanical cooling system shall comply with Sections 1413 and either 1423 or 1433.
EXCEPTIONS: These exceptions only apply to situations where mechanical cooling is added to a space that was not previously cooled.
- Water-cooled refrigeration equipment provided with a water economizer meeting the requirements of Section 1413 need not comply with 1423 or 1433. This exception shall not be used for RS-29 analysis.
- Alternate designs that are not in full compliance with this Code may be approved when the Building Official determines that existing building or occupancy constraints make full compliance impractical or where full compliance would be economically impractical.
Alterations to existing mechanical cooling systems shall not decrease economizer capacity unless the system complies with Sections 1413 and either 1423 or 1433. In addition, for existing mechanical cooling systems that do not comply with Sections 1413 and either 1423 or 1433, including both the individual unit size limits and the total building capacity limits on units without economizer, other alterations shall comply with Table 11-1.
Existing equipment currently in use may be relocated within the same floor or same tenant space if removed and reinstalled within the same permit.
1132.3 Lighting and Motors: **CAM 405; Form Lighting Summary Form; Website Lighting Design Lab** Where the use in a space changes from one use in Table 15-1 to another use in Table 15-1, the installed lighting wattage shall comply with Section 1521 or 1531.
Other tenant improvements, alterations or repairs where 60% or more of the fixtures in a space enclosed by walls or ceiling-height partitions are new shall comply with Sections 1531 and 1532. (Where this threshold is triggered, the areas of the affected spaces may be aggregated for code compliance calculations.) Where less than 60 percent of the fixtures in a space enclosed by walls or ceiling-height partitions are new, the installed lighting wattage shall be maintained or reduced. Where 60% or more of the lighting fixtures in a suspended ceiling are new, and the existing insulation is on the suspended ceiling, the roof/ceiling assembly shall be insulated according to the provisions of Chapter 13, Section 1311.2.
Where new wiring is being installed to serve added fixtures and/or fixtures are being relocated to a new circuit (except as noted in the following paragraph), controls shall comply with Sections 1513.1 through 1513.5 and, as applicable, 1513.7. For compliance with Section 1513.3.2 for existing luminaires where the existing ballasts are not being changed, the number of required incremental steps of automatic daylighting control shall be equal to one plus the number of ballasts in the luminaire. In addition, office areas less than 300 ft2 enclosed by walls or ceiling-height partitions, and all meeting and conference rooms, and all school classrooms, shall be equipped with occupancy sensors that comply with Section 1513.6. Where a new lighting panel (or a moved lighting panel) with all new raceway and conductor wiring from the panel to the fixtures is being installed, controls shall also comply with the other requirements in Section 1513.6.
Where new walls or ceiling height partitions are added to an existing space and create a new enclosed space, but the lighting fixtures are not being changed, other than being relocated, the new enclosed space shall have controls that comply with Sections 1513.1 through 1513.2 and Sections 1513.4 through 1513.7.
Those motors which are altered or replaced shall comply with Section 1511. ** Form Motor Checklist (MECH-MOT)**
1133 Change of Occupancy or Use: Changes of occupancy or use shall comply with the following requirements:
- Any unconditioned space that is altered to become semi-heated, cooled, or fully heated, or any semi-heated space that is altered to become cooled or fully heated space shall be required to be brought into full compliance with this Code. For spaces constructed prior to this Code, the installed heating output capacity shall not exceed 16 Btu/h per square foot unless the building envelope complies with Chapter 13. Existing warehouses and repair shops are considered unconditioned space unless they are indicated as conditioned space in DPD records or they were built after 1980 and they comply with the building envelope requirements for conditioned space in effect at the time of construction. (See the Seattle Mechanical Code for requirements for combustion appliances.)
- Any Group R occupancy which is converted to other than a Group R occupancy shall be required to comply with all of the provisions of Sections 1130 through 1132 of this Code.
1134 Historic Buildings: The building official may modify the specific requirements of this Code for historic buildings and require in lieu thereof alternate requirements which will result in a reasonable degree of energy efficiency. This modification may be allowed for those buildings which have been specifically designated as historically significant by the state or local governing body, or listed in The National Register of Historic Places or which have been determined to be eligible for listing.
The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this Code. Fees may be assessed for enforcement of this Code and shall be as set forth in the fee schedule adopted by the jurisdiction.
1141 Plans and Specifications **Form Building Envelope Checklist (ENV-CHK), Form Mechanical Checklist (MECH-CHK), Form Complex Mechanical Checklist (MECH-COMP), Form Lighting Checklist (LTG-CHK), Form Motor Checklist (MECH-MOT)**
1141.1 General: If required by the building official, plans and specifications shall be submitted in support of an application for a building permit. If required by the building official, plans and specifications shall be stamped and authenticated by a registered design professional currently licensed in the state of Washington. All plans and specifications, together with supporting data, shall be submitted to the building official prior to issuance of a building permit.
1141.2 Details: The plans and specifications shall show in sufficient detail all pertinent data and features of the building and the equipment and systems as herein governed including, but not limited to: design criteria; exterior envelope component materials, U-factors of the envelope systems, R-values of insulating materials; U-factors and solar heat gain coefficient or shading coefficients of glazing **CAM 403; Website NFRC**; area weighted U-factor calculations; efficiency, economizer, size and type of apparatus and equipment; fan system horsepower; equipment and systems controls **CAM 404**; lighting fixture schedule with wattages and controls narrative **CAM 405; Form Lighting Summary Form; Website Lighting Design Lab**; and other pertinent data to indicate compliance with the requirements of this Code.
1141.3 Alternate Materials and Method of Construction: The provisions of this Code are not intended to prevent the use of any material, method of construction, design or insulating system not specifically prescribed herein, provided that such construction, design or insulating system has been approved by the building official as meeting the intent of this Code. The building official may approve any such alternate provided the proposed alternate meets or exceeds the provisions of this Code and that the material, method, design or work offered is for the purpose intended, at least the equivalent of that prescribed in this Code, in quality, strength, effectiveness, fire-resistance, durability, safety and energy efficiency. The building official may require that sufficient evidence of proof be submitted to substantiate any claims that may be made regarding performance capabilities.
1141.4 Systems Analysis Approach for the Entire Building: In lieu of using Chapters 12 through 20, compliance may be demonstrated using the systems analysis option in Standard RS-29. When using systems analysis, the proposed building shall provide equal or better conservation of energy than the standard design as defined in Standard RS-29. If required by the building official, all energy comparison calculations submitted under the provisions of Standard RS-29 shall be stamped and authenticated by an engineer or architect licensed to practice by the state of Washington.
1142.1 Identification: All materials and equipment shall be identified in order to show compliance with this Code.
1142.2 Maintenance Information: Maintenance instructions shall be furnished for any equipment which requires preventive maintenance for efficient operation. Required regular maintenance actions shall be clearly stated and incorporated on a readily accessible label. Such label may be limited to identifying, by title or publication number, the operation and maintenance manual for that particular model and type of product.
1143.1 General: All construction or work for which a permit is required shall be subject to inspection by the building official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. No work shall be done on any part of the building or structure beyond the point indicated in each inspection without first obtaining the approval of the building official.
1143.2 Required Inspections: The building official, upon notification, shall make the inspection required in this Section, in addition to or as part of those inspections required in Section 109.3 of the International Building Code. Inspections may be conducted by special inspection pursuant to Section 1704 of the International Building Code. Where applicable, inspections shall include at least:
- Wall Insulation Inspection: To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed.
- Glazing Inspection: To be made after glazing materials are installed in the building.
- Exterior Roofing Insulation: To be made after the installation of the roof insulation, but before concealment.
- Slab/Floor Insulation: To be made after the installation of the slab/floor insulation, but before concealment.
- Mechanical Equipment Efficiency and Economizer: To be made after all equipment and controls required by this Code are installed and prior to the concealment of such equipment or controls.
- Mechanical Pipe and Duct Insulation: To be made after all pipe and duct insulation is in place, but before concealment.
- Lighting Equipment and Controls: To be made after the installation of all lighting equipment and controls required by this Code, but before concealment of the lighting equipment.
- Motor Inspections: To be made after installation of all equipment covered by this Code, but before concealment.
1143.3 Re-inspection: The building official may require a structure to be re-inspected. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
1144 Violations and Penalties:
It shall be a violation of this Code for any person, firm or corporation to erect or construct any building, or remodel or rehabilitate any existing building or structure in the state, or allow the same to be done, contrary to any of the provisions of this Code.
1144.1 Violations: It is a violation of this Code for anyone to:
- erect, construct, enlarge, repair, move, improve, remove, convert, demolish, equip, occupy, inspect or maintain any building or structure in the City, contrary to or in violation of any of the provisions of this Code.
- knowingly aid, abet, counsel, encourage, hire, commend, induce or otherwise procure another to violate or fail to comply with this Code.
- use any material or to install any device, appliance or equipment which does not comply with the applicable standards of this Code or which has not been approved by the building official.
- violate or fail to comply with any final order issued by the building official pursuant to the provisions of this code or with any requirements of this code.
- remove, mutilate, destroy or conceal any notice or order issued or posted by the building official pursuant to the provisions of this code, or any notice or order issued or posted by the building official in response to a natural disaster or other emergency.
1144.2 Notice of violation: If after investigation the building official determines that standards or requirements of this code have been violated, the building official may serve a notice of violation upon the owner or other person responsible for the action or condition. The notice of violation shall state the standards or requirements violated, shall state what corrective action, if any, is necessary to comply with the standards or requirements, and shall set a reasonable time for compliance. The notice shall be served upon the owner or other responsible person by regular first class mail addressed to the last known address of such person. In addition, a copy of the notice may be posted at a conspicuous place on the property. The notice may also be posted even if served by personal service or first class mail. The notice of violation shall be considered an order of the building official. Nothing in this subsection shall be deemed to limit or preclude any action or proceeding pursuant to Sections 102, 103 or 104 of the Seattle Building Code, and nothing in this section shall be deemed to obligate or require the building official to issue a notice of violation prior to the imposition of civil or criminal penalties.
1144.2.1 Review by the building official for notice of violation
1144.2.1.1 Any person affected by a notice of violation issued pursuant to Section 1144.2 may obtain a review of the notice by making a request in writing within ten days after service of the notice. When the last day of the period computed is a Saturday, Sunday, federal or City holiday, the period runs until 5:00 p.m. of the next business day. The review shall occur not less than ten nor more than twenty days after the request is received by the building official unless otherwise agreed by the person requesting the review. Any person aggrieved by or interested in the notice of violation may submit additional information to the building official.
1144.2.1.2 The review shall be made by a representative of the building official who will review any additional information that is submitted and the basis for issuance of the notice of violation. The reviewer may request clarification of the information received and a site visit. After the review, the building official shall:
- Sustain the notice; or
- Withdraw the notice; or
- Continue the review to a date certain; or
- Amend the notice.
1144.2.1.3 The building official shall issue an order containing the decision within 15 days of the date that the review is completed and shall cause the order to be mailed by regular first class mail to the persons requesting the review and the persons named on the notice of violation, addressed to their last known address.
1144.2.1.4 Because civil actions to enforce Title 22 SMC are brought in Seattle Municipal Court pursuant to Section 1144.3.2, orders of the building official issued under this chapter are not subject to judicial review pursuant to chapter 36.70C RCW.
1144.3 Civil Penalties:
1144.3.1 Any person violating or failing to comply with the provisions of this code shall be subject to a cumulative civil penalty in an amount not to exceed $500 per day for each violation from the date the violation occurs or begins until compliance is achieved. In cases where the building official has issued a notice of violation, the violation will be deemed to begin, for purposes of determining the number of days of violation, on the date compliance is required by notice of violation.
1144.3.2 Civil actions to enforce this chapter shall be brought exclusively in Seattle Municipal Court, except as otherwise required by law or court rule. In any civil action for a penalty, the City has the burden of proving by a preponderance of the evidence that a violation exists or existed; the issuance of the notice of violation or of an order following a review by the building official is not itself evidence that a violation exists.
1144.5 Additional relief: The building official may seek legal or equitable relief to enjoin any acts or practices and abate any condition when necessary to achieve compliance.
1144.6 Recording of Orders and Notices: The building official may record a copy of any order or notice with the Department of Records and Elections of King County. The building official may record with the Department of Records and Elections of King County a notification that a permit has expired without a final inspection after reasonable efforts have been made to provide a final inspection.
SECTION 1150 -- CONFLICTS WITH OTHER CODES
In case of conflicts among Codes enumerated in RCW 19.27.031 subsections (1), (2), (3) and (4) and this Code, the first named Code shall govern. The duct insulation requirements in this Code **Section 1414.2** or a local jurisdiction's energy code, whichever is more stringent, supersede the requirements in the Mechanical Code.
| Additional efficiency standards for electrical energy use may also appear in Seattle City Light service requirements, which should be consulted. |
Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
SECTION 1160 -- SEVERABILITY & LIABILITY
1161 Severability: If any provision of this Code or its application to any person or circumstance is held invalid, the remainder of this Code or the application of the provision to other persons or circumstances is not affected.
1162 Liability: Nothing contained in this Code is intended to be nor shall be construed to create or form the basis for any liability on the part of ((any city or county)) the City or its officers, employees or agents for any injury or damage resulting from the failure of a building to conform to the provisions of this Code, or by reason of or in consequence of any inspection, notice, order, certificate, permission of approval authorized or issued or done in connection with the implementation or enforcement of this Code, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this Code or by its officers or agents. This code shall not be construed to lessen or relieve the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the Department of Planning and Development or the City of Seattle be held to have assumed any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.
TABLE 11-1 - ECONOMIZER COMPLIANCE OPTIONS FOR MECHANICAL ALTERATIONS
