City of Lawrence

Building Code Board of Appeals

August 31^st , 2006 minutes

MEMBERS PRESENT:	Lee Queen - Chairperson, Mark Stogsdill Mike Porter Janet Smalter John Craft
MEMBERS ABSENT:
STAFF  PRESENT:
Guess Present :
Ex-Officio	Barry Walthall,  Building Safety Manager

Meeting called to order at 11:44.

Review minutes June 29^th , 2006

Motion by Porter to accept minutes as written seconded by Smalter.  Motion passed 5-0.

Update on joint Chairperson meeting.    

Queen explained that three meetings were rescheduled because one or more chairpersons could not attend.  When a meeting was arranged, the Mechanical Board chairperson stated that because IAPMO and ICC had almost reached an agreement to develop one code they felt that the Mechanical Board could support using the I-Family of Codes.  The Mechanical Board had also read the letters from the Building Board, Fire Board and Homebuilders Association.  Queen said that basically everyone left the meeting with a good feeling.  Queen stated that he heard yesterday that the talks between ICC and IAPMO on the Joint Code venture had completely broken down. He has no idea where the Mechanical and Plumbing Boards currently stand on the joint code issues. 

Queen said that his statements to the Boards concerned which Board would have the responsibility for drafting the amendments to develop the joint codes. The other issue was that the trade boards were now required to have 12 hours of continuing education. The training that was offered through the Johnson County training program was on the International Codes.  The trade boards would have to seek training in the Uniform Codes.  To his understanding there was only one training session in the whole state of Kansas offered by IAPMO last year.  That session was $250 and only 4 or 5 people showed up.

Walthall stated the IAPMO session was canceled due to lack of attendance and IAPMO has rescheduled another training session.

Stogsdill noted that the Plumbing Board had adopted the 2003 UPC.

Queen said PEX waterline was now approved for use in the City of Lawrence.

Queen stated another meeting was scheduled next week.

Walthall explained the venture between ICC and IAPMO broke down because the ICC membership felt the governmental process on code adoption was too important an issue to concede.

Stogsdill asked if the fixture schedules conflicted between the UPC and the IBC.

Walthall replied the fixture counts are in the building code appendices, which are not legal unless specifically adopted. Currently the fixtures are taken from the Building Code, which is by City amendment.  He would assume that the Building Board would look at adopting the plumbing fixture count from the IBC or let it go back to the plumbing code.

Complete review of energy code.

Porter said that by his calculations not insulating the slab edge would cost less than $500 per year.

Queen asked the Board if there was an agreement that in addition to Rescheck a prescriptive method would also be beneficial.  He said that at the last meeting the Board spent a considerable amount to time trying to make the slab edge detail work. Queen said that he spoke with Adrian Jones yesterday and it is his understanding that of the jurisdictions he checked with, the slab edge detail was not being enforced.

Smalter said that the Board has beaten this issue to death. She feels as though the Board could debate this issue another 6 months trying to figure which is the best approach.

The Board reviewed the slab edge detail published by Coriolis and Kansas State University.

Stogsdill stated that the detail provided shows slab edge insulation was an impractical solution. The logistics of trying to keep the insulation in place during construction of a trench footing would prove to be too difficult.  He feels that there was a multitude of design flaws with the detail not only during construction, but protection afterwards, water penetration, flashing and termites. He thinks that everyone on the Board feels that if there was a simple and straightforward solution everyone on the Board would say let’s go. It is not unreasonable to insulate the slab edge.  It is an energy waster.

Craft says that he has used this detail in construction. He admits that when he has used it, it was with 2X6 walls and it was a monolithic pour, which means that he had to form up kickers with the insulation in place. Yes it is difficult, but it could be done. You have to protect the foam and you have to put a termite shield underneath the plate. Craft said that overtime lawn mowers and weed eaters can damage the insulation. The other solution is to stucco the foam.

Queen says that he agrees with Stogsdill concerning the practicality of the slab edge insulation.  Up to this point, the new Energy Code has virtually upgraded everything on the prescriptive list. Low-E windows, R-38 in the ceiling, R-8 ductwork. With this one component missing it would still be a huge victory for the average homeowner.  He would suggest that because of the complications and logistics involved with this, the Board just delete this one prescriptive requirement.  He feels the average person buying a 1500 square foot slab rancher would not be able to afford it and would not know the difference.

Craft asked Queen if he meant delete all foundation insulation requirements.

Queen replied no, just slab on grade.  His original thought was that if someone finished their basement, the walls would have to be insulated. The slab edge is just a nightmare for the builder, and for the person trying to maintain the home.

Stogsdill asked if there was some other method to increase the overall building UA that would allow the slab edge to be eliminated.

Queen stated that if the Builder is using the Rescheck method he or she could probably get away without it.  He is trying to simplify the process for the builder to use the prescriptive method that would make it easier to get a permit and simplify the inspection process.   

Stogsdill asked how the Board could amend the prescriptive requirements that would increase the overall UA to compensate for the slab insulation. As an example, if a builder does not want to insulate the slab, they would have to increase the wall insulation or upgrade to a more efficient furnace.

Porter stated that he is not comfortable going with the prescriptive method, simply from the standpoint that he is not sure that it the best way to accomplish the goal.  It is certainly the simplest from the builder’s standpoint.  He is of the opinion that the builder should know more about energy efficiency than the average American. If the builder is compelled to use Rescheck to make a tradeoff, this will educate the builder and make sure the building is energy efficient.

Queen stated that he is only suggesting that the Board delete one or two items off the prescriptive method.   

Porter stated the problem with that as he sees it is that it would make the building less energy efficient right off the top.

Queen says that he sees it as just the opposite in that homes would be way more efficient than they are currently.

Porter says that he agrees, but the homes would be less efficient than this version of the Code.

Craft stated that by deleting the slab edge insulation the Board would penalize homeowners who purchased slab on grade versus homes with basements.  Homes with basements would comply with the provisions of the code whereas slab homes would be less efficient.  Craft said he feels what we are saying is that we would like to see consistency throughout all building types.  If the current prescriptive method is used which would be stricter than what Queen is proposing. If the Rescheck or HERS method is used, then trade offs can be made but they would be made with more than a wet finger in the air, but with more information, knowledge and data to back up the decision.

Stogsdill noted that according to the data, the cost savings associated with insulating a basement is drastically more per square foot than insulating a slab edge.  Then an argument could be that the slab insulation would not be as critical to have in the prescriptive requirements as wall insulation.

Craft stated that you could make the same argument for crawl space insulation.

Porter stated that he would not be in favor of eliminating the crawl space insulation, because even at .50 per linear foot that would still be a significant savings.

Craft asked if the Board would want to consider the projected cost over 10 or 15 years.  The point is that fuel cost will rise over time.  It would be more important to the homeowner as fuel prices rises. It would be much more expensive to retrofit than to install upfront.

Smalter asked if the board could move forward rather than hold up the Energy Code on this one issue.

Queen stated that the prescriptive methods he would like to see were R-6 flex duct, eliminate slab edge insulation and no basement insulation if the basement is not finished. The new code calls for R-13 walls, R-38 ceilings, low-e windows and doors and insulated crawl spaces. 

Porter said he would approve elimination of the slab edge insulation provided that it could be demonstrated that a similar U-Value could be compensated for in Rescheck. He would not like to slab edge taken out all together.

Queen said that he is concerned that adding slab edge insulation in addition to all the other cost associated with the energy code will add another $3,000 to the price of a home which will in essence locks out a whole segment of the market.  He pointed out that all homes on the market at not high end high energy efficiency homes. Some homes have to be moderately built home for affordability.  As people can afford better homes they move up in the market. Everyone can’t afford the “Cadillac” of homes.

Smalter stated that the other argument is that there will be savings in energy use. It will be difficult to sell that to the banks.  At some point homeowners have to demand energy efficient homes. 

Porter stated that if that is true then someone is not making an argument for energy efficient homes.

Craft said that there are energy efficient mortgages available from all the major lenders, but the homes have to be Energy Star rated or better.  He said that he heard in the news that Frisco Texas passed an ordinance that all new homes had to be Energy Star compliant.

Queen stated that Frisco is a rich suburb of Dallas.  If he could afford a new house with all the bells and whistles on it he would buy one tomorrow. Affordable housing is a big issue in this town. There is a whole group of people in this town studying how to keep it affordable.

Craft offered that if the Board decided to eliminate slab edge insulation, a home could meet the requirements of the 2006 code through Rescheck by U-factor or other trade offs.  If a builder wanted to eliminate slab insulation on a slab on grade home, he or she would have several methods to comply.  As an example they could upgrade the heating system, or upgrade the windows.  Craft said that he would like to recommend passing an ordinance which required any new home meets the Energy code minimums. He added that the provisions in the code were minimums. The homeowner can be assured whether the home has a basement, a crawl space or a slab on grade it is built to a minimum set of requirements.  It may not have slab edge insulation, but the overall performance package meets the requirements of the 2006 Energy Code.  He thinks that other than the simplified prescriptive package he feels the Energy Code is fine as written. It allows enough flexibility. It may not be necessary to insulate the slab.

Stodgsdill stated that he feels that the end user of the Energy Code is a very prescriptive type of individual. They like to have a set of rules they can look up in the book and move on.  This is true of all the building issues such as braced walls that have come up in the recent past.  They want to be able to execute and not involve someone else in the process and be done.  If the Board leaves in the slab insulation detail requirement, which the Board agrees is cloggy at best to some extent may be impossible to execute, that pretty much says that the prescriptive method is a waste of time. There are only a few skilled procedures that will allow that insulation to be done correctly. There are only a few of the normal trades people out there right now that can execute that detail.  By adopting the Code as is the Board will force the majority away from the prescriptive method.  Builders will only have one or two options for slab on grade homes.  This is the same reason the Board opted away from the 2003 Energy Code because the prescriptive method of 2X6 walls was not an option.

Craft asked if the person making the decision would be the Architect.

Stodgsdill replied that in residential design the Architect is rarely involved, unless you get out of prescriptive methodologies.  Licensed professionals are not required to do energy load calculations.

Craft stated that buildings are becoming more technical in nature. The direction seems to be that more and more professionals are asked to be involved in home construction. Would this be any different?

Stogsdill replied that buildings have not become more technical but design professionals have become more involved due to the increase of issues involving litigation.

Walthall said that he feels as though Craft was on the right track in that the Commission is very interested in new homes meeting a minimum energy standard.

Queen stated that the Commission also created an affordable housing task force. That was also very important. He believes that if the Board sent the Commission a recommendation to adopt a simplified prescriptive method that may not meet the energy code, but is so much better than what the City currently has. Currently there are no requirements in writing.  It would not jack the price up so much that some people can not afford to buy a home, but the code has teeth in it that says builders have to meet certain requirements; everyone from this date forward will have a much more energy efficient house.  It may not be perfect but much better.

Porter asked how difficult would it be to go into Rescheck and determine what would be needed to offset slab insulation.

Queen stated that he thinks that a high efficiency furnace would buy a lot of points on Rescheck.

Porter asked the cost of upgrading the furnace.

Queen replied approximately $600.00. He would be shocked if going from an 80% to a 90% furnace did not eliminate the slab edge requirement in Rescheck.

Porter said that in his reasoning that would be a reasonable trade off. If the Board says to a builder who wants to use the prescriptive method, if you want to eliminate slab edge insulation you have to put in a 90% furnace.  That gives the person who wants to use the prescriptive method what they need.

Stogsdill stated that was the direction he was heading, to give the builder a prescriptive trade off.

Queen stated that that the slab on grade home is the usually for the first time buyer. That extra $500.00 over 30 years is that the straw that broke the camels back?  That is the exact type of house that he would not put a 90% efficient furnace in.

Porter said that using the data from the Energy Guide, that slab on grade home would save approximately $120.00 a year by installing slab edge insulation.

Craft said that the alternative with no slab edge insulation is that the home is leaking energy and with an 80% furnace they are paying more for fuel.

Smalter said that the City is under the 1997 Building Code. It’s time to upgrade codes and these are the requirements. 

Queen stated that he just wants to see a prescriptive method where every builder does not have to sit down for an hours and a half and figure out Recheck and have a little paper in the permit box.  Then have Adrian Jones pull the paper out and say this house is supposed to have this or that. Most builder would use the prescriptive method, do a quick inspection and be done.  Most builders would not want to use Rescheck.

Craft stated that if the Board is going to have a prescriptive method then the end result will have to at least meet the minimum Code requirements.    

The Board requested staff to research trade offs in Rescheck that would compensate for eliminating foundation insulation for 1200 square foot slab on grade home.  

Stogsdill moved to adjourn, seconded by Porter. Motion passed 5-0.