DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Development Services Committee

 

 

 

 

FROM:

John Wright, Director Building Standards

 

 

 

 

PREPARED BY:

same as above

 

 

 

 

DATE OF MEETING:

November 21, 2006

 

 

 

 

SUBJECT:

Energy Conservation in Buildings and the 2006 Ontario Building Code

 

 

 

                       

 

RECOMMENDATION:

THAT the report titled “Energy Conservation in Buildings and the 2006 Ontario Building Code” be received;

THAT Staff promote and work with the Province to develop building code standards that keep pace with trendsetting global jurisdictions;

THAT Building Department, Planning and Urban Design Department and MECO staff remain alert to opportunities to encourage and promote higher efficiency construction within the Town;

AND THAT the Director of Building Standards continues to seek opportunities to promote and recognize builders who obtain a suitable, recognized certification in energy conservation.

 

PURPOSE:

The purpose of this report is to inform the Mayor and Members of Council of the scope of the current building code, anticipated changes to the building code and other related issues with an emphasis on matters relating to energy conservation in buildings. 

 

EXECUTIVE SUMMARY:

The current edition of the Ontario Building Code was released in June 2006. This is the first comprehensive amendment of the Code since 1997.  It contains over 700 technical amendments. The Code is now in an objective based format, which is expected to encourage more requests for equivalents designs. Significant technical amendments were made in the areas of barrier-free design, energy efficiency and structural design.  Staff is anxious to identify and consider any opportunity that may exist beyond its regulatory responsibilities, for Markham to promote construction that exhibits higher levels of energy efficiency.

 

BACKGROUND:

There is growing interest in the community around energy conservation, particularly within buildings.  Municipalities have a key role in the regulation of new construction.

 

Municipalities do not set construction standards.  The Ontario Building Code governs the construction of new buildings in Ontario.  Construction includes the erection, alteration, repair or moving of a building.  Municipalities are required by the Building Code Act to enforce the provisions of the building code and they are prohibited from setting standards that go beyond the requirements of the code.  Proposed code amendments are subjected to a rigorous review by technical experts and other stakeholders.  This process leads to standards that are practical and economically viable.  Municipal liability for building performance is limited to its responsibility to enforce the requirements in the building code.  When presented with a building permit application that conforms to the building code, the chief building official has no discretion to refuse the permit.

 

The Building Code includes energy efficiency standards.  Since its inception, the Ontario Building Code has included measures that promote energy conservation.  Indeed, its stated purposes include establishing “standards for . . . conservation and environmental integrity.”  In comparison with other Canadian jurisdictions, Ontario has always been in the forefront of mandatory standards aimed at energy conservation.  This position is further advanced by the recent amendments summarized below.

 

A new building code released.  On June 28, 2006, the province of Ontario released the new Ontario Building Code. This is the first comprehensive package of technical changes to the Code since the last major revision in 1997. The majority of these changes will come into force on December 31, 2006. Some changes related to energy efficiency, however, will be phased in through to 2012. At the same time that the province filed Ontario Regulation 350/06 introducing the 2006 OBC it also filed Ontario Regulation 349/06 which updated the list of applicable law, provided transition provisions and introduced the use of some green technologies, which took effect upon filing.

 

Summary of Code Changes

 

The 2006 edition of the Ontario Building Code contains over 700 technical amendments, most of which were commented on by Building Standards Department staff in 2003. These changes are too numerous and too technical to report. The comments provided here are intended to highlight the amendments staff considers most significant.

 

Objective Based Codes

Previous editions of the OBC were written in a prescriptive format. The Code specified exactly what was required in order to comply. The 2006 edition of the OBC is written in an objective based format. This means that the new Code has added a description of the desired outcome of each requirement, providing an explanation of why the requirement is there.  Designers and builders can still use the prescriptive requirements contained in the Code, which are now called “acceptable solutions”.  Designs and proposals that are not “acceptable solutions” but achieve compliance with the objectives of the Code are called “alternative solutions”. The objectives of the new code are:

• Safety

• Health

• Accessibility

• Fire Protection

• Structural Sufficiency

• Water and Sewage Protection

• Resource Conservation (Including Water and Energy Conservation)

• Environmental Integrity

• Conservation of Buildings

 

 

The new objective based format may encourage more requests for alternative solutions. Alternative solutions require more time to evaluate than typical applications which use acceptable solutions.  It has been suggested that the objective based format will promote greater innovation and flexibility in design and construction. The objective based format, however, may place additional pressure on compliance with the provincial turn-around times of the Building Code Statute Law Amendment Act which took effect in January, 2006.

 

Accessibility

The Ministry of Municipal Affairs and housing conducted public consultation on barrier-free design requirements in the OBC during 2001 and 2002, to receive views on priorities for improving barrier-free requirements in the Code. A Technical Committee, representing persons with disabilities, designers, builders and building officials reviewed the results of the public consultation.  The new barrier-free requirements coming into effect are a significant positive step towards improving the accessibility requirements of the Code. The 2006 OBC barrier-free changes will require the following:

 

• At least 10% of residential suites in apartment buildings and hotels (to a maximum of 20 suites) require a barrier-free path of travel from the suite entrance door to the doorway of at least one bedroom and one bathroom (with a significant impact on bathroom areas);

• Increased minimum width ramps and landings in a barrier-free path of travel and limit the maximum width;

• Mandatory latch door clearances for doors in barrier-free path of travel;

• Provision for interior barrier-free paths of travel to all floors;

• Increased minimum width of a doorway in a barrier-free path of travel;

• Requirement for the international symbol of accessibility for disabled persons to indicate the location of "barrier-free" ramps serving a building;

• Provision for minimum requirements for power door operator controls;

• Requirement for power door operators on doors equipped with self-closing devices that serve a special washroom and on any other door in a barrier-free path, with or without a closer;

• New requirements for barrier-free showers and bathtubs; and

• Walls of at least one bathroom in all dwelling units are required to be reinforced to permit the future installation of a grab

bar.

 

One of the significant changes adopted in the 2006 OBC is in the part of the Code that addresses renovations. Under the new provisions, any extensive renovation in a building (e.g., replacing interior walls and floor assemblies) which fulfills certain other criteria (e.g., floor area of more than 300m²) is required to comply with the barrier-free provisions of the Code. This will improve accessibility in existing buildings where extensive renovations are to take place.

 

Energy Efficiency

 

The 2006 OBC amendments take a graduated approach with “moderate” energy efficiency requirements in new buildings to be achieved by the end of 2006, moving towards more “aggressive” measures by 2012.

 

O. Reg 349/06 was filed on June 28, 2006 and took effect immediately. This regulation contains provisions that are intended to promote the use of particular green technologies. Changes in the following areas were adopted, largely unchanged from the amendments proposed by the Province in its spring 2006 consultation:

 

• Solar photovoltaic systems;

• Gas-fired emergency generators that can contribute to the power grid;

• Active solar hot water systems;

• Wastewater heat recovery systems;

• Rooftop storm water retention;

• Storm sewage or grey water that is free of solids may be used for the flushing of water closets, urinals or the priming of traps

• Motion sensors for room and minimum lighting.


 

Based on their data, the Province has indicated that a typical new house built in 2007 under the new Code will be over 21% more energy efficient than a house built under the 1997 Code. This energy efficiency improvement will be the result of the new Code requirements for houses which take effect on December 31, 2006, including:  

 

• Increased insulation requirements for foundation walls, above grade walls, ceilings and windows;  

• Requirements for the installation of high-efficiency gas or propane-fired furnaces; and  

• Listing EnerGuide™ 80 as a compliance alternative.


 

Energy changes for non-residential and larger residential buildings that will take effect on December 31, 2006 provide the following compliance alternatives:

 

• Compliance with the requirements of the Model National Energy Code for Buildings (MNECB), 1997 with appropriate modifications to increase energy efficiency, or  

• Compliance with the ASHRAE 90.1-2004 standard, with appropriate modifications to meet Ontario’s higher efficiency requirements and to accommodate Ontario’s climate. Non-residential and larger residential buildings constructed under these requirements will be approximately 17% more energy efficient than the same building types built to the 1997 OBC provisions.


 

Effective December 31, 2008 the OBC will require that basement insulation in new houses extends to 15 inches above the basement floor (near full height basement insulation). The Ministry has indicated that they intend to release guidelines to assist builders in achieving this requirement while avoiding the associated problems.

 

The remaining energy efficiency amendments come into effect on December 31, 2011. These provisions will require new houses to meet standards that are substantially in accordance with EnerGuide™ 80. Based on provincial data it is estimated that a new house built under these requirements will be 35% more energy efficient than a house-form building built under the 1997 Code. By 2012, new non-residential and larger residential buildings will also be required to meet standards that are substantially in accordance with energy efficiency levels that are 25% higher than the current Model National Energy Code for Buildings.

 

Hot Water:

The 2006 OBC has been amended to require that hot water delivered to bathtubs, showers and lavatories shall not exceed 49°C and that water in hot water tanks must be stored at 60°C or higher. In 2004, the province introduced an interim change that introduced maximum temperature requirements for hot water delivery in new construction.

 

Structural Amendments:

The 2006 OBC contains changes regulating earthquake requirements, snow loads, wind loads and geotechnical requirements for small buildings.  Markham currently employs two building engineers with the necessary expertise to administer these requirements.  Their workload arising from these amendments will be monitored.

 

OPTIONS/DISCUSSION:

The standards related to energy conservation in the building code represent the enforceable standards applicable to new construction.  The conservation targets scheduled for inclusion in the building code are considered too moderate by some.  Ontario may lose its standing as a leader in mandatory energy standards to Quebec which has scheduled standards equivalent to Energuide80 by 2010, two years earlier than Ontario.  European jurisdictions have introduced rating systems that are more aggressive but take a contrasting approach to measurement:  According to the National Home Rating Scheme (NHRS):  “2006 is a year of major change in the construction of new homes in England and Wales. New homes must now be designed to emit 20% less carbon dioxide and the only way of showing compliance will be a whole building energy calculation approach.

 

Markham’s Building Standards Department has rigorously enforced the requirements in the Building Code relating to energy conservation, mindful of the standard practices of other municipalities and the capability of the design industry to deliver some of the more complex technical standards such as ASHRAE/IES 90.1-1989 and the Model National Energy Code for Buildings (MNECB).  We have staged training sessions for home builders to ensure innovative details and building components such as continuous air barriers are properly constructed.  Builder tips are distributed systematically and are available on our web site.   The growing importance of energy conservation is well understood by inspectors and plans examiners who are uncompromising with the building code requirements.

 

Although municipalities are not empowered to enact conflicting standards, staff from the Building Standards Department and Markham Energy Conservation Office (MECO) met to explore opportunities to collaborate to promote energy conservation in the context of new development approval.  The consensus is that while the programs of these two work groups complement each other, it remains difficult for a municipality to materially influence the energy efficiency of new construction beyond the regulatory regime of the Ontario Building Code. However, voluntary efforts can be encouraged and opportunities between Building Standards and MECO will be further investigated as staff is keen to promote and encourage higher efficiency construction within the Town.  Opportunities may include offering incentives or encouraging builders to participate in voluntary programs.  Building Standards and MECO also discussed the possibility of enhancing the “Building Excellence Award” to honour recipients who have achieved higher energy efficiency levels in their buildings or have obtained certification of their buildings for their energy conservation efforts through one of the voluntary programs described below.

 

There are many voluntary rating systems or labelling programs intended to help distinguish higher performing buildings in the marketplace.  They include:  Energuide™, R2000™, Built Green™, EnergyStar ™, and LEED®.  There are other related global initiatives such as Green Globes, which originated in the UK and the Green Building Challenge in BC.

 

Energuide™, R2000™ and EnergyStar™ are all administered by Natural Resources Canada.  They differ in terms of the relative level of energy conservation they require with R2000 reserved for the most energy efficient construction.  Built Green™ is an industry driven voluntary program that promotes "green" building practices but is administered only in Alberta and British Columbia.  Comparable programs are in varying stages of deployment in almost all energy consuming nations.  While they are all geared to reducing the adverse impact of buildings on the global environment, each of these programs takes a different approach to assessing  candidates’ building designs and delivering their programmes.  This multiplicity accounts for some of the confusion and complexity confronting building owners and designers.  Staff recommends against further confusing the landscape by establishing “made-in-Markham” standards.

 

LEED® is an acronym for “Leadership in Energy and Environmental Design”.   In Canada it is administered by the Canada Green Building Council and follows a model established in the United States.  The LEED® program promotes designs and construction practices that reduce negative environmental impact of buildings in five broad areas:

 

·        Sustainable site planning

·        Safeguarding water and water efficiency

·        Energy efficiency and renewable energy

·        Conservation of materials and resources

·        Indoor environmental quality

 

LEED® is among the rating schemes that take this holistic approach.  While currently focussed on large buildings, there is an adaptation of the program called LEED® for Homes (LEED®-H).  There is a convincing argument that buildings built to the LEED®  standard deliver a favourable return on investment in addition to meeting market demand.  According to Colleen Loader, B.Sc. LEED® Program Coordinator,  LEED®-H is being piloted in the US but registration is not yet available in Canada.

 

Over the past year, Town staff has been actively engaged in seeking ways to promote LEED® in the private sector. To get a better understanding of LEED, the Town hosted a sustainability workshop in January of this year. The session was well attended by staff, members of Council, and representatives of the development and building industry as well as professionals from the private sector.  The speakers provided members of staff and Council with a solid grounding in the LEED® programme and an exploration of the benefits and challenges of adopting LEED® as a community standard for new construction. The session also focused on the development of an action plan to provide a basis for further encouragement of sustainable design.

 

The action plan identified an opportunity for leadership in sustainable design that the Town should consider through the adoption of a LEED® standard for all new public capital projects. Through the Town’s capital works programme, sustainable design elements were already being considered and incorporated into the design and construction of a number of capital projects on a go forward basis. As a further step, the Town has required that consultants for the proposed East Markham Community Centre and Library facility be LEED® qualified. This new project is intended to be designed to a LEED® standard as yet to be finalized.

 

Later in September, the Town co-hosted a conference on green roofs and the contribution that this technology could make to LEED® accreditation. A report outlining the results of the conference and a discussion of next steps will be considered by Council following the election.

 

Over the summer the Town retained consultants to review the Markham Centre Performance Measures document and to benchmark the intent of the document against LEED® requirements. Preliminary results were presented to the Markham Centre Advisory Committee for review. The Committee has requested a closer examination of the findings in a more focused workshop format before making any recommendations to Council for amendments to the Performance Measures document. The preliminary findings are encouraging and suggest that there is fundamental alignment of intent in the Performance Measures process that would support buildings in Markham Centre being in a position to seek credits in a number of categories within the LEED® accreditation process.

 

The Performance Measures programme has already been successful in encouraging developers and owners to seek LEED® accreditation for their new buildings. The York District School Board intends to build the new Markham Centre high school to LEED® silver standard. The Times Group has signaled its intent to design and construct its proposed residential project in Markham Centre to LEED® standard. The Remington Group has also made a major commitment to LEED® and announced its intention to design and build in Markham Centre to LEED® standards. The announcement of these intentions will result in a substantial inventory of LEED® buildings in the new downtown over the next decade and reinforce the community’s commitment to sustainable design.     

 

There remains a fundamental distinction between our regulatory responsibility and labelling or rating programs.  LEED® and the other rating schemes are voluntary and should a project fail to achieve the anticipated standard, there is no official remedial response required.  When we confront persistent building code deficiencies, our response is set out in the Building Code Act and involves ordering specific remedies and ultimately charges heard by the Ontario Court of Justice.  Another fundamental difference is that labelling programs typically specify standards for appliances or other lifestyle elements that are not regulated by the building code.  Labelling programs are marketing instruments that are not readily convertible to enforcement as a minimum standard. 

 

According to Stephen Dupuis, Executive VP, Greater Toronto Home Builders’ Association;  we are in the midst of a market transformation with rapidly growing demand for energy efficient homes.  Mr. Dupuis reports that many of the GTHBA member builders recognize the demand and are enquiring about labelling certifications.  It is hoped this trend will result in a consolidation of the confusing array of conservation programs.

 

With the phasing in by 2012 of more aggressive conservation standards in the Ontario Building Code, staff concludes that rigorous enforcement of the prevailing code standards will have the greatest impact on new construction in the private sector.  Governments and other public institutions subscribing to programs like LEED® for public buildings set an important example for private sector developers.  The growing market demand for sustainable construction will have by far the greatest impact on the energy efficiency of new construction in Markham.  Staff will remain alert for opportunities to reinforce that demand.

 

As the development of building code standards governing energy conservation continues, Markham staff will urge the Ontario government to keep pace with international trendsetters in this critically important area of regulatory responsibility. 

 

FINANCIAL CONSIDERATIONS:

None

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Markham Energy Conservation Office

 

 

 

 

 

 

John Wright

Director Building Standards

 

Jim Baird

Commissioner of Development Services

 

 

 

Q:\Building\Data\REPORTS\COUNCIL\Energy Conservation 12_12.doc