CHAPTER Puc 1800 ADMINISTRATION OF
PART
Puc 1801 DEFINITIONS
Puc
1801.01 “Applicant” means the general
contractor, builder, owner or other person submitting an application to the
commission or local authority having jurisdiction, as applicable, for certification of design compliance
with the energy code.
Source. #4702, eff 11-16-89; ss by #5643, eff 7-1-93;
ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15
New.
#10908, eff 8-8-15
Puc 1801.02
"Application" means application EC-1, dated March, 2015 forms,
plans and specifications, compliance materials, and any additional material
submitted to the commission or local authority having jurisdiction, as
applicable, for review for compliance with the energy code.
Source. #6879, eff 2-1-99, EXPIRED: 2-1-07
New.
#8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15
New.
#10908, eff 8-8-15
Puc
1801.03 "Certificate of
compliance" means the document EC-3, dated March 2015 issued by the
commission certifying approval of an application pursuant to RSA 155-D:4, IV or
V.
Source. #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.04)
New.
#10908, eff 8-8-15
Puc
1801.04 "Commission" means the
Source. #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.05)
New.
#10908, eff 8-8-15
Puc
1801.05 “Energy code” means the "Code for Energy Conservation in New
Building Construction'' as defined by RSA 155-D: II, or those portions of the New Hampshire state building
code, which pertains to energy efficiency, found at
http://www.nh.gov/safety/boardsandcommissions/bldgcode/nhstatebldgcode.html.
Source. #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.06)
New.
#10908, eff 8-8-15
Puc
1801.06 “REScheck” means the computer software program and paper forms designed
to allow an applicant to calculate and demonstrate compliance of a structure
with the energy code.
Source. #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New. #8958, eff 7-31-07, EXPIRED: 7-31-15
New. #10908, eff 8-8-15
Puc
1801.07 “Non-residential building” means any building or structure which is not
a residential building.
Source. #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.09)
New.
#10908, eff 8-8-15
Puc
1801.08 “Residential building,” as
referenced in RSA 155-D:3, II, means:
(a) Any detached one or 2 family dwelling;
(b) Any other dwelling three stories or less in
height; and
(c) Any other structure 3 stories or less in
height and less than 4,000 square feet in gross floor area.
Source. #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New. #8958,
eff 7-31-07, EXPIRED: 7-31-15 (formerly Puc 1801.10)
New.
#10908, eff 8-8-15
PART
Puc 1802 APPLICATION OF RULES
Puc
1802.01 Application of Rules to New
Buildings and Structures. All new
buildings and structures or portions thereof and additions or alterations to
existing buildings that provide facilities or shelter for public assembly,
educational, business, mercantile, institutional, storage and residential
occupancy, as well as those portions of factory and industrial occupancies
designed primarily for human occupancy within New Hampshire shall comply with
the minimum design and construction requirements, as set forth in the energy
code.
Source. #4702, eff 11-16-89; ss by #6152, INTERIM,
eff 12-26-95, EXPIRED 4-24-96
New. #6333, eff 9-17-96; ss by #6879, eff 2-1-99,
EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15
New.
#10908, eff 8-8-15
Puc
1802.02 Application of Rules to Existing
Buildings and Structures. A change
in occupancy or use of an existing building which would require an increase in
demand for either fossil fuel or electrical energy supply to heat or cool the
structure shall, pursuant to RSA 155-D:8, comply with the requirements of the
energy code.
Source. #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15
New.
#10908, eff 8-8-15
PART
Puc 1803 METHODS OF COMPLIANCE REGARDING
DESIGN
Puc
1803.01 Design Approval Required.
(a) No building design shall be considered
approved pursuant to Puc 1800 and RSA 155-D without the issuance of an approval
number by the commission, except as provided in (b) and (c) below.
(b) A building design that a local authority
having jurisdiction has approved in writing pursuant to RSA 155-D:4, II shall
be deemed approved pursuant to (a) above.
(c) Pursuant to RSA 155-D:5, II, a building design
shall be deemed approved for which:
(1) Plans have been certified as complying with
the energy code by an architect or engineer pursuant to RSA 155-D:4,VI; or
(2) Plans have been deemed to be approved due to failure
of the commission to act on a completed application within 15 working days of
submittal pursuant to RSA 155-D:4, V.
Source. #4702, eff 11-16-89; ss by #6152, INTERIM,
eff 12-26-95, EXPIRED 4-24-96
New. #6333, eff 9-17-96; ss by #6879, eff 2-1-99,
EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New. #8958, eff 7-31-07, EXPIRED: 7-31-15
New. #10908, eff 8-8-15
Puc 1803.02
Demonstrating Compliance with the Design Requirements of Puc 1800.
(a) An applicant shall demonstrate that any
building to be constructed and subject to the requirements of 1802.01 meets or
exceeds the minimum construction standards of the energy code, by one of the
following methods:
(1) As
to a residential building:
a. By
showing compliance on an application either electronic or hard-copy;
b. By
showing compliance by entering construction design data in the computer
software program, REScheck, or a
c. By a
certification issued by an architect or engineer, pursuant to Puc 1803.03;
d. By a certification
issued by the manufacturer, if a manufactured or prefabricated structure, that
the building is in compliance with the energy code, a nationally recognized equivalent
of the energy code applicable in the state of manufacture, or applicable
federal standards; or
e. By
showing a standard design approval, pursuant to Puc 1803.04; or
(2) As
to a non-residential building:
a. By a
certification issued by an architect or engineer, pursuant to Puc 1803.03;
b. By showing compliance
by entering constructions standards data in a computer software program, such
as ComCheck, or its equivalent,
recognized by the American Society of Heating, Refrigerating and
Air-conditioning Engineers, Inc./Illuminating Engineering Society of
c. By
showing compliance on an application developed by the commission;
d. By
showing a standard design approval, pursuant to Puc 1803.04; or
e. By a
certification issued by the manufacturer, if a manufactured or prefabricated
structure, that the building is in compliance with the energy code or a
nationally recognized equivalent of the energy code applicable in the state of
manufacture.
Source. #4702, eff 11-16-89; amd by #5643, eff
7-1-93; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New. #8958, eff 7-31-07, EXPIRED: 7-31-15
New. #10908, eff 8-8-15
Puc 1803.03
Architect's or Engineer's Certification.
(a)
Pursuant to RSA 155‑D:4, VI, and VII, all architects or engineers
registered and practicing in New Hampshire shall certify in writing to the
commission and to the local authority having jurisdiction in whose jurisdiction
the building is located, that any building or structure which they design and
that any blueprint to which they affix their professional seal, meets or
exceeds the requirements of the energy code.
(b) Any
architect or engineer issuing certification pursuant to RSA 155‑D:4, VI,
and VII shall provide, in writing, to the commission and to the local authority
having jurisdiction, the following:
(1) The
name, address, signature and telephone number of the certifying architect or
engineer;
(2) The
registration stamp and registration number of the certifying architect or
engineer;
(3) The
tax map and lot number, and the county, town and street location of the
project;
(4) The
name, address and telephone number of the project owner;
(5) The
name, address and telephone number of the general contractor if known at the time
of certification; and
(6) A
certification statement as follows:
“The proposed structure has been designed and
reviewed by the architect or engineer and determined to be in compliance with
all applicable requirements of RSA 155‑D and the energy code adopted
pursuant thereto.”
(c) Any
architect or engineer providing the certification described in this section
shall be registered and practicing in the state of
(d) An
architect or engineer shall be deemed to be "practicing in New Hampshire,"
referred to in (c) above, if he or she
has a working knowledge of all relevant New Hampshire building codes and the
energy code, for the purpose of designing a structure in compliance with the
energy code.
Source. #4702, eff 11-16-89; ss by #6152, INTERIM,
eff 12-26-95, EXPIRED 4-24-96
New. #6333, eff 9-17-96; ss by #6879, eff 2-1-99,
EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New. #8958, eff 7-31-07, EXPIRED: 7-31-15 (formerly
Puc 1803.04)
New. #10908, eff 8-8-15
Puc
1803.04 Standard Design.
(a) If an applicant has previously received a
certificate of compliance for an identically designed structure and the energy
code requirements applicable to the structure have not been revised or amended
since the issuance of the certificate of compliance, the applicant may:
(1) Provide the prior approval number;
(2) Complete, sign and date the application;
(3) Omit from the application materials
architectural drawings and proof of compliance; and
(4) Submit the material described in (1) through
(3) above as a completed application.
(b) The standard design method of demonstrating
energy code compliance, as specified in (a) above, may be used with residential
and non-residential buildings.
(c) Plans which have been deemed to be
automatically approved due to failure of the commission to act on a completed
application within 15 working days of submittal, pursuant to RSA 155-D:4, V,
shall not be deemed to be previously approved plans, for purposes of this
section.
Source. #4702, eff 11-16-89; ss by #5643, eff 7-1-93;
ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New. #8958, eff 7-31-07, EXPIRED: 7-31-15
(formerly Puc 1803.05)
New.
#10908, eff 8-8-15
Puc
1803.05 Certificate of Compliance
with the Design Requirements of Puc 1800.
(a) The commission shall issue to the applicant a
certificate of compliance, pursuant to RSA 155-D:4, IV, with the design
requirements of the energy code if:
(1) The commission determines that the applicant
has demonstrated, pursuant to Puc 1803, that the design of the building
complies with the energy code; or
(2) The commission, pursuant to RSA 155-D:4,V,
has failed to act on a completed application within 15 working days of
submission of the completed application.
(b) The applicant shall, prior to obtaining a
building permit, submit the certificate of compliance issued by the commission
to the appropriate authority having jurisdiction responsible for the issuance
of building permits, as evidence of compliance with the design requirements of
Puc 1800.
Source. #4702, eff 11-16-89; amd by #5643, eff
7-1-93; ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 8-31-15 (formerly Puc 1803.06)
New.
#10908, eff 8-8-15
PART
Puc 1804 APPLICATION PROCESS
Puc
1804.01 Content of Applications.
(a) Each applicant shall show in sufficient
detail in the application documents, pertinent data and features of the
building project and the equipment and systems as are necessary to demonstrate
compliance with the energy code, including but not limited to, the following:
(1) Design criteria;
(2) Exterior envelope component materials;
(3) U-values of the envelope systems;
(4) R-values of insulating materials;
(5) Size and type of apparatus and equipment;
(6) Equipment and systems controls;
(7) Energy calculations, if applicable; and
(8) Other pertinent data to indicate conformance
with the requirements of the energy code.
(b) Each applicant shall include with each
application for review of a building for compliance with the energy code, the
following:
(1) A completed, signed electronic copy of EC-1
application form dated March 2015 and available on the commission website at
www.puc.nh.gov;
(2) Architectural drawings of the building as
necessary to demonstrate compliance with the energy code; and
(3) A printout of the results of the REScheck computer software as necessary to
demonstrate compliance with the energy code; and
(4) A certification by the applicant, as follows:
“I hereby certify that
all the information contained in this application is true and correct, and construction shall comply in all respects with the
terms and specifications of the approval given by the Public Utilities
Commission and with the New Hampshire Code for Energy Conservation in New
Building Construction.”
(c) In the architectural drawings of the building
required by (b)(2) above, the applicant shall:
(1) Show the exterior dimensions of all heated
living spaces;
(2) Show all window and exterior door locations;
(3) Label alphabetically all window and door
locations on the floor plan to coincide with the list of windows and doors
required by (c)(8) below;
(4) Show all floor plan perimeter dimensions;
(5) Show the finished wall height for each heated
floor in the structure;
(6) Provide elevation drawings for any floors
where there are cathedral, roof deck or sloping ceilings;
(7) Provide elevation drawings which identify:
a. The dimensions of the flat ceiling area;
b. The length of slope;
c. The height of any knee walls;
d. The height of any full height walls;
e. The distance from the knee wall to the
exterior wall;
f. The distance from the knee wall to the
opposite wall; and
g. The dimensions of dormer walls and skylight
shafts.
(8) Provide a list of windows and doors,
collectively fenestration, which:
a. Identifies each fenestration component
alphabetically;
b. States the U or R‑value of each
fenestration component;
c. Lists the quantity of each fenestration
component by size;
d. Identifies the roughed-out dimensions of each
fenestration component in decimals of a foot or inches or any combination thereof;
and
e.
Provides the total square foot area of all rough openings for each fenestration
component; and
f. Provides the total square foot rough-opening
dimensions of all fenestration components.
(e) In the window and door schedules required by
(c) (8) above, applicants shall meet the following requirements:
(1) Descriptions of each fenestration
component;
(2) The U or R‑values for each different
fenestration component shall also be listed on the window and door schedule;
(3) Basement windows shall be separately listed
on the schedule; and
(4) Basement windows shall be included in the
glazing total only when foundation walls enclose heated living space.
(f) The architectural drawings required by (b)(2)
above shall meet the following requirements:
(1) The drawings shall, in addition to meeting
the specific requirements of this section, provide, pursuant to (a) above, any
additional information necessary to allow determination of compliance with RSA
155-D and Puc 1800;
(2) The maximum size of any prints submitted
shall be 18 inches by 24 inches, if possible; and
(3) Each drawing shall contain a scale of the
drawings shown in feet and inches.
Source. #4702, eff 11-16-89; ss by #5643, eff 7-1-93;
ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15
New.
#10908, eff 8-8-15
Puc 1804.02 Procedure Relating to Applications.
(a) Applicants may submit applications to the
commission in any of the following forms:
(1) In paper form, by facsimile or
electronically; or
(2) In electronic form, using REScheck, found at
energycodes.gov/rescheck, as follows:
a. On computer storage device; or
b. By electronic mail to energycodes@puc.nh.gov,
or by paper filing.
(b) Any application submitted electronically
shall not be deemed received, for purposes of the response within 15 working
days deadline of RSA 155-D:4, V, until such application has been deemed to be
complete. The failure of an applicant to respond to an inquiry by the
commission within 10 business days of such inquiry shall render the application
rejected. The application materials
shall not be completed in pencil or by any other non-permanent marking method.
(c) If an applicant makes a substantive revision
to an application, including but not limited to a revision to a design
specification, after the application has been submitted to the commission, the
applicant shall date and initial in ink or electronically the revision made to
the application.
(d) The date of the revision, as described in (c)
above, shall constitute, for purposes of RSA 155-D:4,V, a new receipt date for
the application.
(e) For purposes of RSA 155-D:4, V, an
application shall not be considered received by the commission until all
material required to be submitted has been submitted.
(f) An owner of a building for which plans and specifications
have been approved by an architect or engineer pursuant to RSA 155-D:4, VI
shall submit to the commission in lieu of an application, the certification
required in Puc 1803.04 (b).
Source. #4702, eff 11-16-89; ss by #5643, eff 7-1-93;
ss by #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15
New.
#10908, eff 8-8-15
Puc 1804.03
Appeals Process.
(a) Any
applicant whose application has been initially disapproved by the commission
may request an informal reconsideration conference with the director of the
sustainable energy division at the commission.
(b) The
director of the sustainable energy division at the commission, or his or her
designee, shall hold an informal conference requested pursuant to (a) above,
within 10 working days of the request for a conference.
(c)
Within 10 working days of the informal conference referred to in (a)
above, the director of the sustainable energy division shall, pursuant to RSA 541-A:29,
II(a):
(1)
Issue a written decision which shall:
a.
Affirm, reverse or modify the decision on the application; and
b.
Summarize the results of the informal conference and the basis for the
decision; and
(2)
Provide a copy of the written decision, referred to in (c)(1) above, to
the applicant.
(d) Any
applicant dissatisfied with the decision of the director of the sustainable energy
division may request in writing, within 10 working days of receipt of the
written decision, a formal hearing before the commission, pursuant to Puc 203,
to review the decision.
Source. #6879, eff 2-1-99, EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New.
#8958, eff 7-31-07, EXPIRED: 7-31-15
New.
#10908, eff 8-8-15
PART
Puc 1805 EVIDENCE OF COMPLIANCE OF THE
COMPLETED BUILDING
Puc 1805.01
As-Built Construction Certification Required.
(a)
Prior to occupancy of a building for which compliance with the energy
code is required, certification as demonstrated by the issuance of an EC-3 form
dated March 2015 that the building as constructed complies with the energy code
shall be provided as required by this section.
(b) In
those municipalities which issue certificates of occupancy, the owner‑builder
or general contractor shall submit to the appropriate authority having
jurisdiction responsible for the issuance of certificates of occupancy, written
or electronic certification that the building has been constructed as specified
in the application and in conformance with the energy code.
(c) In
those municipalities which do not issue certificates of occupancy, the owner‑builder
or general contractor shall submit to the authority having jurisdiction and to
the owner or buyer of the building written or electronic certification that the
building has been constructed as specified in the application and in
conformance with the energy code.
(d) The
individual operating as the owner-builder or general contractor issuing the
certification required by (b) and (c) above shall include in the certification
the requirements contained in form EC-3, as provided in (e) below.
(e) The
owner-builder or general contractor shall include on form EC-3, the
certification of energy code compliance, the following:
(1) The
name of the owner, builder or general contractor submitting the form;
(2) The
name of the company the owner, builder or general contractor is representing;
(3)
Identification of the building being certified, including the tax map
and lot number, the street address, the municipality and the county wherein the
property is located;
(4) The
date on which all
(5) A
statement as follows:
“The building being certified meets or exceeds
the requirements of the New Hampshire Code for Energy Conservation in New
Building Construction and RSA 155-D and complies in all respects with the
statements and information supplied on and in connection with the application
for certificate of compliance approved by the Public Utilities Commission.”;
(6) The
signature of the builder or contractor; and
(7) The
date of the signature.
Source. #4702, eff 11-16-89; ss by #6152, INTERIM,
eff 12-26-95, EXPIRED 4-24-96
New. #6333, eff 9-17-96; ss by #6879, eff 2-1-99,
EXPIRED: 2-1-07
New. #8811, INTERIM, eff 2-2-07, EXPIRED: 8-1-07
New. #8958, eff 7-31-07, EXPIRED: 7-31-15
New.
#10908, eff 8-8-15
APPENDIX
Rule |
Statute |
|
|
Puc
1801.01 – 1801.08 |
RSA
365:8, XII |
Puc 1802.01 |
RSA
365:8, XII; RSA 155-D:3; 42 U.S.C.
§§ 6201 et seq. |
Puc 1802.02 |
RSA
155-D:7; RSA 155-D:8; RSA 365:8, XII; 42 U.S.C § § 5401 - 5426 |
Puc 1803.01 |
RSA
155-D:4; RSA 155-D:5 |
Puc 1803.02 |
RSA
155-D:4, IV, V & VII |
Puc 1803.03 |
RSA
155-D, VI & VII |
Puc 1803.04 |
RSA
155-D:4, V, VI & VII |
Puc 1803.05 |
RSA
155-D:4, IV & V |
|
|
Puc 1804.01 |
RSA
155-D; RSA 365:8, XII |
Puc 1804.02 |
RSA
155-D:4, V & VI |
Puc 1804.03 |
RSA
541-A:29, II(a); RSA 365:8, XII |
Puc 1805.01 |
RSA
365:8, XII, RSA 155-D:4, IV, V, VI & VII |