Virginia Energy Codes Circuit Rider

VIRGINIA ENERGY CODES CIRCUIT RIDER

December 2022

Authors Sarina Sawyer, workforce training and partnerships manager Maggie Kelley Riggins, senior program manager

About us

Founded in 2007, the Southeast Energy Efficiency Alliance (SEEA), promotes efficient energy as a catalyst for economic growth, workforce development, and energy security across 11 southeastern states. We provide research, consultation and education, stakeholder facilitation, program management and financial services to a diverse set of stakeholders in the energy sector. We believe that all people in the Southeast should be able to live and work in healthy and resilient buildings, utilize clean and affordable transportation, and thrive in a robust and equitable economy.

Introduction

Building energy codes establish minimum requirements for the construction of new and renovated buildings. Building energy codes are typically established at the state and local level, guided by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 90.1 and the International Energy Conservation Code (IECC), both widely recognized standards for the design and construction of residential and commercial buildings. Once a code has been adopted at the state or jurisdictional level, it becomes the legal standard to which homes and buildings are constructed. However, national studies show that the adoption of a code does not guarantee compliance.

The U.S. Department of Energy (DOE) Building Energy Codes program funded studies in eight pilot states to examine the implementation of residential energy codes. Following the methodology developed from that work and with funding from the U.S. Department of Energy Funding Opportunity Announcement (FOA), “Strategies to Increase Residential Energy Code Compliance Rates and Measure Results” (DEFOA-0000953), a residential energy code study was conducted in Virginia in 2017.

SEEA began work with Viridiant, Virginia’s most experienced, full-service green building verification and consulting firm, to better understand the issues associated with energy code compliance across Virginia and to offer technical assistance where needed. Viridiant’s staff serve as circuit riders, in-field experts who meet with targeted groups and actors, like code officials and building inspectors, to address specific code compliance and enforcement needs.

The circuit rider model for increasing energy code compliance can be found in several states, including Florida, Massachusetts, Idaho and Kentucky. Unlike traditional training designed to deliver a specific knowledge set, SEEA’s program is audience-focused, tailoring technical assistance to the unique concerns and issues faced by each individual or group that meets with the circuit rider.

The phases of the compliance study in Virginia included a baseline study and education and training, both conducted by Viridiant. The funding provided for the project described herein allowed the education and training portion in the state. This education and training work comprised two primary focus areas, training individuals involved in the implementation and enforcement of residential energy code measures and shadowing code enforcement officials.

Energy Codes in the Southeast

There are several regionally-specific factors that inhibit compliance with the energy code. Much of the Southeast building workforce lacks awareness of building energy codes. There is low demand for energy code compliance paired with insufficient funding for training opportunities and real-world informational resources for the construction industry and code officials. Much of the region is rural, and in many cases, trained and experienced personnel are not available to carry out energy code enforcement activities. The Southeast does not have empirical data on energy code compliance for every state and major city, although it is generally assumed that compliance across the region falls short of 100%1 for most elements of the energy code.

Like other regions across the country, the Southeast also faces barriers of over-extended code

1 Notable exceptions include Georgia, where the Department of Community Affairs conducted a commercial compliance analysis and Florida, where the Florida Solar Energy Center (FSEC) conducted both residential and commercial compliance analyses through funding received under the American Recovery and Reinvestment Act. In addition, the U.S. Department of Energy is now funding residential field studies in Alabama, Arkansas, Georgia, Kentucky and North Carolina, which include a baselining component.

officials and few energy code resources, compelling time-strapped municipal building departments to focus on other life-safety chapters of the building code like structural and plumbing.

Many states in the Southeast have advanced stronger energy codes or adopted statewide codes for the first time. Recent developments have opened the door to energy and cost savings, quality-of-life benefits, and new employment opportunities. Workforce development is especially important in the region because of the above average poverty rates. There are still substantial opportunities to realize the full potential of the energy savings available through robust, strategic energy code compliance efforts.

Energy Codes in Virginia

SEEA prioritizes work in the Commonwealth of Virginia because it is a leader in building energy codes and because of our partnership with local partner, Viridiant. Prior to the circuit rider program, SEEA and Viridiant completed a local Residential Energy Code Field Study and found areas to improve building code compliance and to continue support of code compliance. This work set the stage for implementing a circuit rider program across Virginia. The Commonwealth updates and adopts codes every three years, regularly pushing the statewide code forward and increasing energy efficiency requirements. Codes, permitting, energy efficiency and building stock diversity are regularly prioritized at the state level.

Virginia Energy Code Circuit Rider Model

Energy code circuit riders are in-field experts that meet with targeted groups to address specific code compliance and enforcement needs. Circuit riders travel around a state and visit different jurisdictions to provide resources and support energy code compliance.

SEEA launched its first circuit rider program in Florida in 2014 to better understand code enforcement in the field and to subsequently create a plan to provide technical assistance to enforce Florida’s commercial code more effectively. Our circuit rider program was the first one implemented in a southeastern state.

Following our success in Florida, we recognized a need to replicate this program in other states in the Southeast. We found that having a state-based technical expert, who can work to understand the nuanced needs in a given area and then develop resources and offer technical assistance increased trust, understanding and interest in the energy code from code officials and other members of the building workforce. SEEA focuses on delivering local solutions and leveraging local technical resources and expertise. After the Residential Energy Code Field Study revealed the need for training and technical assistance, SEEA contracted with Viridiant to initiate a circuit rider program in Virginia.

Viridiant, formerly EarthCraft Virginia, is a 501(c)(3) nonprofit founded in 2004 that provides education, consultation, and certification to advance sustainable, affordable and energy efficient construction through education and technical support. Successful partnerships with state agencies and utilities have enabled Viridiant to educate thousands of professionals and homeowners on energy efficiency and building science best practices. In 2021, Viridiant joined SEEA on a multi-year DOE project to assess residential energy code implementation and deploy resources and education to the industry. Working with builders and developers, Viridiant has supported certification of nearly 28,000 EarthCraft homes in the region. The organization also provides value to affordable housing networks as demonstrated in The Impact of Energy Efficient Design and Construction of LIHTC in Virginia, published by the Virginia Center for Housing Research at Virginia Tech.

Virginia Circuit Rider Assessment Methodology

The Virginia Residential Energy Circuit Rider Program was anticipated to begin in Q2 2020. Partnering with the Virginia Department of Housing and Community Development (DHCD), letters were mailed to all city/county administrators and building officials across Virginia in February 2020. The circuit rider program was halted as the COVID-19 global pandemic reached Virginia in mid-March. During Q2 2020, it became clear that a return to pre-COVID-19 work processes was on hold for the foreseeable future.

The project team began discussing how to honor the intent of the circuit rider program and achieve the stated goals without in-person visits to participating jurisdictions. The project team decided to pivot to a remote circuit rider program, restructure roles and tasks and assess scheduling and project completion impacts.

At the time, DHCD was offering resources and a $5,000 grant to jurisdictions to aid in necessary COVID-19 transitions. Alongside COVID-19 resources, the project team distributed a survey to all Virginia jurisdictions to assess the impact of the pandemic on building departments and to seek interest in the redesigned circuit rider program.

Virginia Circuit Rider Program Participating Jurisdictions

In August 2020, the project team hosted introductory calls with each participating jurisdiction to introduce team members, explain the scope of work and communicate intended outcomes. Once introductions were made, Viridiant team members conducted shadowed visits. The project team shadowed building inspectors and plans examiners in each jurisdiction. The team outlined the intended structure for each shadow visit to ensure consistency. In most instances, the building code official identified specific staff members to be shadowed, but in some cases, Viridiant selected the individuals to be shadowed.

Resource development began after these visits. Once completed, the draft resources were shared with DHCD and the participating circuit rider jurisdictions for review before offering resources to every code department in the state. Custom binders of the finalized resources were printed and sent to each code

department as many code departments rely heavily on paper materials. The resources are also available on Viridiant’s website. The team asked DHCD to host the resources on their website for greater reach and accessibility; however, they expressed concern regarding the maintenance of the resources. The concerns were primarily due to the three-year code development cycle in Virginia, which meant that references in the resources to the 2015 code would become outdated with the release of the 2018 code in mid-to-late 2021. The resources were initially released in December 2020 to participating circuit rider jurisdictions and then in February 2021 to all jurisdictions across Virginia.

Summary of Accomplishments

Throughout the project, Viridiant accomplished both major and minor goals in the successful effort to expand the knowledge base and available resources to aid in the residential energy code implementation. In summary, Viridiant:

• Trained over 1,000 industry professionals, and the number continues to increase as on-demand access to training remains available.

• Pivoted in early 2020 to an entirely virtual delivery of the remainder of the project and incorporated new technologies to address the needs of the remote workforce.

• Built relationships with the 10 participating jurisdictions and connected with over 50 municipal employees.

• Recognized consistent challenges faced by building code departments and identified solutions to address these challenges.

• Developed 14 resources for the circuit rider program and circulated a total of 21 resources to every jurisdiction across Virginia.

• Increased accessibility to energy code information by making resources available not only virtually, but distributed hard copies to ensure communities experiencing connectivity challenges had the information.

Findings from Site Visits Circuit Rider Program Structure

The original version of the circuit rider program was structured as a single, full-day visit for each participating jurisdiction. Due to the format change, Viridiant modified the structure of the visits. Instead of conducting a single full-day visit with each jurisdiction, it was modified to be a roughly one-hour introductory call followed by shadowing visits with up to two plans examiners and two building inspectors. Introductory calls included Viridiant staff and anywhere from one to eight people per jurisdiction. Completing the introductory calls in a batch allowed the project team to see similarities and differences across the different jurisdictions before moving on to the phase of shadowed visits. If Viridiant were to conduct additional circuit rider work in the future, the introductory call format would be retained, even if the remaining portion were conducted in person.

Shadowed Visits

Most of the code compliance process focuses on life safety. Both plans examiners and code officials shared this view with our team. Structural issues, fire safety and requirements around egresses tend to dominate onsite inspections and, therefore, the feedback given to permit applicants and contractors.

The team found a widespread belief that the quality of installation for components, such as insulation, is not and should not be within the purview of the building official. Uncovering this viewpoint led Viridiant to focus on providing code language and visual aids to strengthen code officials’ knowledge base using the developed resources.

The team found that many energy conservation code items, while reviewed by plans examiners, are relying on code inspectors for enforcement. In practice, many selections have not yet been made at the stage of construction when contractors and homeowners submit permits. Components such as windows, despite the absorbed u-value and solar heat gain coefficient requirements of code, are not selected at the permitting stage and are unable to be reviewed by the municipality effectively before releasing the permit. This is also true for lighting and HVAC systems.

HVAC

In almost all instances, mechanical permits are currently “walk-in” and do not entail a detailed review of systems, sizing and duct layout prior to receiving the actual permit. Duct leakage enforcement was identified as a major energy and cost-saving solution for the Commonwealth. Due to this classification, and the new requirement for duct leakage testing in the 2015 residential energy code, residential HVAC was a large focus of Viridiant’s statewide trainings and state jurisdiction support. Additionally, 11 of the 21 resources this program produced focused on HVAC. The jurisdictions that were more active in the enforcement of HVAC measures each had a local champion who understood the larger importance of the measures and had sufficient influence to impact the way those measures were enforced in their jurisdiction. The mandatory duct leakage requirement had been in place for approximately one year when the shadowed visits were conducted. Most of the individuals spoken to were aware of this requirement and indicated that their jurisdiction collected the required report. An interesting aspect of a report being required to demonstrate compliance is that it then becomes the method of enforcement. Confirmation of a report showing the correct numbers becomes the verification method instead of actual confirmation that the ducts are passing.

With continued education and a continuation of the circuit rider program, more champions can be created in code departments around Virginia. HVAC contractor and builder education will help raise the bar for the quality of HVAC installations. This may be supported by Dominion’s new incentive for single-family homes that received ENERGY STAR for Homes certification. If that program gains traction, the third-party verification of load calculations, duct leakage and mechanical ventilation, coupled with the training requirements for participating HVAC contractors, may increase the foundational knowledge of those building and performing work in new homes.

Software

One thing that Viridiant was unable to address in the resources but was prevalent during circuit rider shadowed visits, was the myriad software platforms utilized by municipalities across the state. The age, functionality and efficiency of the systems used varied just as widely. Not all shadowed municipalities utilize electronic submission of drawings and permit applications. Several rural municipalities accept only physical drawings, though most had migrated to allowing digital submissions due to the closing of municipal buildings during the COVID-19 pandemic. Their existing processes relied on a hard copy of plans throughout the permitting and construction

process, which meant that a switch to accepting digital plans would require additional process changes or the printing of the plans, which would incur a cost. The impact of changing a process or software solution was echoed in other jurisdictions. Several jurisdictions were in the process of implementing new platforms and they estimated that implementation would take a year. The interconnectedness of building department systems with other municipality systems, costs to implement new software, as well as the need to address the accessibility of their platforms and other legal requirements, often means they cannot be nimble and responsive to technology changes in the marketplace. This can leave departments with limited staff capacity with inefficient systems because it is more cost-effective and efficient to leave the existing systems in place. Additionally, as noted below, the age of inspectors skews higher and there can be a resistance to new technology, which encourages keeping existing software systems in place.

Staffing

According to a 2014 nationwide survey2, the average age of building department employees is high, with more than 50% over the age of 55. During the shadowed visits, many field and office personnel were found to prefer physical codebooks, drawings and inspection tickets and their in-field processes currently rely on these resources. For instance, more than one municipality relied on having each code inspector sign the back of the physical drawings kept onsite to track the completed inspections. There were often parallel complaints about the state of drawings found onsite, either not being scalable or being difficult to read when not printed to full size. An emphasis on training and adoption

of digital platforms and tools, which allow for easy, quick navigation and magnification, should be pursued to curb the reliance on hard-to-navigate paper resources.

2 International Code Council and National Institute of Building Sciences, “ The Future of Code Officials Results and Recommendations from a Demographic Study,” August 2014

Next Steps

SEEA’s energy code circuit rider programs are currently funded through DOE’s Building Energy Codes Program and Pacific Northwest National Laboratory. Increased and diversified funding will allow for this program to progress and expand, providing successful implementation support for the entire Commonwealth.

The visits conducted in this phase uncovered widespread needs, many of them consistent across jurisdictions. Several needs that were articulated or demonstrated could be addressed by targeted technical assistance, while others may require long-term, systemic solutions. The information and perspective gathered through SEEA’s circuit rider program may also prove a starting point for future energy code opportunities.

SEEA continues to evaluate its experience with the circuit rider program and uses it to inform targeted technical assistance in the Commonwealth and seeking out additional in-state partners for the circuit rider program. Currently, SEEA is exploring the opportunity to launch programs in other southeastern states. SEEA, in partnership with Viridiant, will continue to refine the circuit rider model in Virginia, identifying information gaps and further improving the effectiveness of this program.

Acknowledgments

We want to thank the staff who contributed to reviewing the report and preparing it for publication, including research associate, Joy Ward, and senior marketing and communications manager, Sarah Burgher. We also extend gratitude to the team at Viridiant who carried out this work, including KC Bleile, Sean Shanley, Matt Waring, and Stacy Mitchell.

About SEEA’s Energy Codes Program

SEEA’s energy codes program is a unique regional resource that provides essential information for code adoption, implementation and compliance efforts. Early in the code adoption process, SEEA worked closely with state energy offices, municipalities, industry groups, utilities and other key stakeholders to provide technical assistance to ensure best practices are followed and to foster increased coordination between parties. This material is based upon work supported by the U.S. Department of Energy under Award Number DE-EE0003575.

Disclaimer

This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of the authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.