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1 H.792
2 Introduced by Representatives Campbell of St. Johnsbury, Anthony of Barre
3 City, Austin of Colchester, Berbeco of Winooski, Bluemle of
4 Burlington, Bos-Lun of Westminster, Burke of Brattleboro,
5 Chesnut-Tangerman of Middletown Springs, Dodge of Essex,
6 Farlice-Rubio of Barnet, Goldman of Rockingham, Headrick of
7 Burlington, Hooper of Burlington, Jerome of Brandon, Krasnow
8 of South Burlington, LaBounty of Lyndon, Logan of
9 Burlington, Masland of Thetford, Morris of Springfield,
10 Mulvaney-Stanak of Burlington, Ode of Burlington, Patt of
11 Worcester, Rachelson of Burlington, Small of Winooski,
12 Stebbins of Burlington, Taylor of Colchester, and Torre of
13 Moretown
14 Referred to Committee on
15 Date:
16 Subject: Public safety; building energy, residential building code
17 Statement of purpose of bill as introduced: This bill proposes to change the
18 name of the Division of Fire Safety to the Division of Fire and Building
19 Safety, to require the Division of Fire and Building Safety to adopt a statewide
20 residential building code, to transfer jurisdiction over the Residential and
21 Commercial Building Energy Standards from the Department of Public Service VT LEG #373324 v.4
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1 to the Division of Fire and Building Safety, to require the Office of
2 Professional Regulation to make certain changes to the building contractor
3 registry, to require the Division of Fire Safety to make certain energy code-
4 related changes to its new database system, and to require the Department of
5 Public Service to design an online application and certification tool for small
6 residential projects.
7 An act relating to the Residential and Commercial Building Energy
8 Standards
9 It is hereby enacted by the General Assembly of the State of Vermont:
10 Sec. 1. FINDINGS AND INTENT
11 (a) The General Assembly finds that:
12 (1) Vermont established Residential Building Energy Standards (RBES)
13 in 1997 and Commercial Building Energy Standards (CBES) in 2007.
14 Collectively, these standards are Vermont’s building energy codes and, like
15 fire or building codes where they have been adopted, are mandatory and have
16 the force of law.
17 (2) Though the RBES and CBES are mandatory, there is no single State
18 office designated to administer, interpret, adjudicate conflicts, issue variances,
19 and enforce compliance with them.
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1 (3) The Department of Public Service is responsible for adopting and
2 updating the RBES and CBES regularly, but does not have the capacity to fully
3 administer and enforce them.
4 (4) The Division of Fire Safety (DFS) in the Department of Public
5 Safety is responsible for developing, administering, and enforcing building
6 codes, but does not currently have the expertise or capacity to also administer
7 or enforce the RBES and CBES. DFS has jurisdiction over all “public
8 buildings,” which includes commercial buildings and most habitable buildings
9 but does not include owner-occupied single-family homes.
10 (5) Vermont has not adopted a residential building construction code
11 and has no statewide construction standards for single-family homes.
12 Vermont’s lack of a statewide residential building construction code hinders
13 energy code administration because the State lacks basic administrative and
14 enforcement infrastructure that a statewide residential building construction
15 code would provide. The lack of a statewide residential building construction
16 code may also limit the State’s ability to access certain federal funding.
17 (6) While the RBES do apply to single-family residences, the
18 Department of Public Service has advised the General Assembly that the
19 enabling legislation does not provide clear authority for municipalities to
20 administer and enforce the RBES at the local level.
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1 (7) Designating a single State office to administer both the building
2 construction codes and the RBES and CBES will promote efficiency,
3 streamline services, provide clarity to both industry and members of the
4 general public, and advance sound, building science-based practices that create
5 safer, healthier, more comfortable, more durable, and more efficient buildings.
6 Vermont is the only state that does not have the means to provide unified
7 administration of building construction codes and energy standards at either
8 the State or local level.
9 (8) Recent studies indicate that compliance with RBES is at about
10 54 percent and compliance with CBES is at about 87 percent, and both rates of
11 compliance are declining. Both the RBES and CBES are scheduled to become
12 more stringent to meet the goal of “net-zero-ready” by 2030. Without a
13 comprehensive strategy to improve administration, train new workers and the
14 existing workforce, and increase compliance, the rates are likely to continue to
15 decline.
16 (9) 2023 Acts and Resolves No. 47 created the Building Energy Code
17 Study Committee to recommend strategies for increasing compliance with the
18 RBES and CBES. The Committee’s report was submitted to the General
19 Assembly in December 2023.
20 (b) It is the intent of the General Assembly to:
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1 (1) adopt recommendations made by the Building Energy Code Study
2 Committee;
3 (2) increase awareness and compliance with the RBES and CBES by
4 designating a single entity to administer and enforce them;
5 (3) begin the process of adopting a statewide residential building
6 construction code;
7 (4) increase the amount of detail provided in the residential building
8 contractor registry administered by the Vermont Secretary of State; and
9 (5) improve the process for obtaining and recording energy code
10 compliance certificates.
11 Sec. 2. 20 V.S.A. chapter 173, subchapter 2 is amended to read:
12 Subchapter 2. Division of Fire and Building Safety
13 § 2728. DIRECTOR OF FIRE AND BUILDING SAFETY
14 There shall be a Director of Fire and Building Safety, who shall be
15 responsible for the operation and supervision of the Fire and Building Safety
16 Division of the Department of Public Safety. The Director shall report directly
17 to the Commissioner and shall serve as a member of the Fire Service Training
18 Council. The Director shall be an exempt State employee and shall be
19 appointed by the Commissioner, with the approval of the Governor.
20 ***
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1 § 2731. RULES; INSPECTIONS; VARIANCES
2 (a) Rules.
3 (1) The Commissioner is authorized to adopt rules regarding the
4 construction of buildings and owner-occupied single-family residences,
5 maintenance and operation of premises, and prevention of fires and removal of
6 fire hazards, and to prescribe standards necessary to protect the public,
7 employees, and property against harm arising out of or likely to arise out of
8 fire.
9 ***
10 (b) Inspections.
11 (1) The Commissioner shall conduct inspections of premises and may
12 inspect owner-occupied single-family residences to ensure that the rules
13 adopted under this subchapter are being observed and may establish priorities
14 for enforcing these rules and standards based on the relative risks to persons
15 and property from fire of particular types of premises.
16 (2) The Commissioner may also conduct inspections to ensure that
17 buildings and single-family residences are constructed in accordance with
18 approved plans and drawings.
19 ***
20 (l) Energy standard certificates. Provision of a certificate as required by 30
21 V.S.A. § 51 section 2772 of this title (residential building energy standards) or VT LEG #373324 v.4
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1 53 section 2774 of this title (commercial building energy standards) shall be a
2 condition precedent to the issuance of a certificate of use or occupancy for a
3 public building or owner-occupied single-family residence under the rules
4 adopted pursuant to this section.
5 ***
6 § 2734. PENALTIES
7 (a) A person who violates any provision of this subchapter or subchapter
8 2B of this chapter or any order or rule issued pursuant to this subchapter shall
9 be fined not more than $10,000.00. The State’s Attorney of the county in
10 which the violation occurs shall prosecute the violation and may commence a
11 proceeding in the Superior Court to compel compliance with the order or rule,
12 and the court may make orders and decrees in relation to the proceeding by
13 way of writ of injunction or otherwise.
14 ***
15 (c) The Commissioner may, after notice and opportunity for hearing, assess
16 an administrative penalty of not more than $1,000.00 for each violation of this
17 subchapter or subchapter 2B of this chapter or any rule adopted under this
18 subchapter. Penalties assessed pursuant to this subsection shall be based on the
19 severity of the violation. An election by the Commissioner to proceed under
20 this subsection shall not limit or restrict the Commissioner’s authority under
21 subsection (a) of this section.
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1 (d) Violation of any rule adopted under this subchapter or subchapter 2B of
2 this chapter shall be prima facie evidence of negligence in any civil action for
3 damage or injury that is the result of the violation.
4 (e) A fine or other penalty related to a failure to comply with section 2772
5 of this title (residential building energy standards) shall not be imposed against
6 the owner of an owner-occupied single-family residence if all of the following
7 apply:
8 (1) The owner of the residential construction is the builder, as defined in
9 section 2771 of this chapter.
10 (2) The owner utilizes the owner-occupied single-family residence as
11 the owner’s dwelling.
12 (3) The owner in fact directs the details of construction with regard to
13 the installation of materials or assemblies not in compliance with the
14 Residential Building Energy Standards adopted pursuant to section 2772 of
15 this title.
16 ***
17 § 2736. MUNICIPAL ENFORCEMENT
18 (a)(1) The legislative body of a municipality may appoint one or more
19 trained and qualified officials and may establish procedures to enforce rules
20 and standards adopted under subsection 2731(a) of this title and sections 2772
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1 (residential building energy standards) and 2774 (commercial building energy
2 standards) of this title.
3 (2) After considering the type of buildings within the municipality, if the
4 Commissioner determines that the training, qualifications, and procedures are
5 sufficient, he or she the Commissioner may assign responsibility to the
6 municipality for enforcement of some or all of these the rules and standards
7 adopted under subsection 2731(a) of this title and sections 2772 (residential
8 building energy standards) and 2774 (commercial building energy standards)
9 of this title. The Commissioner may also assign responsibility for enforcement
10 of the rules of the Access Board adopted under section 2902 of this title.
11 (3) The Commissioner shall provide continuing review, consultation,
12 and assistance as may be necessary.
13 (4) The assignment of responsibility may be revoked by the
14 Commissioner after notice and an opportunity for hearing if the Commissioner
15 determines that the training, qualifications, or procedures are insufficient.
16 (5) The assignment of responsibility shall not affect the Commissioner’s
17 authority under this subchapter.
18 ***
19 (c)(1) Subject to rules adopted under section 2731 of this title, municipal
20 officials appointed under this section may enter any premises or owner-
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1 occupied single-family residence in order to carry out the responsibilities of
2 this section.
3 (2) The officials may order the repair, rehabilitation, closing,
4 demolition, or removal of any premises to the same extent as the
5 Commissioner may under section 2733 of this title.
6 ***
7 (f) Nothing in this section shall be interpreted to decrease the authority of
8 municipal officials under other laws, including laws concerning building codes
9 and laws concerning housing codes.
10 ***
11 § 2738. FIRE PREVENTION AND BUILDING INSPECTION SPECIAL
12 FUND
13 (a) The Fire Prevention and Building Inspection Special Fund revenues
14 shall be from the following sources:
15 (1) fees relating to construction and inspection of public building
16 buildings and owner-occupied single-family residences and fire prevention
17 inspections under section 2731 of this title;
18 ***
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1 Sec. 3. REPEAL
2 30 V.S.A. chapter 2, subchapter 1 (building energy standards) is repealed.
3 Sec. 4. 20 V.S.A. chapter 173, subchapter 2B is added to read:
4 Subchapter 2B. Building Energy Standards
5 § 2771. DEFINITIONS
6 As used in this subchapter:
7 (1) “Builder” means the general contractor or other person in charge of
8 construction, who has the power to direct others with respect to the details to
9 be observed in construction.
10 (2) “CBES” means the Commercial Building Energy Standards adopted
11 pursuant to section 2774 of this subchapter.
12 (3) “Commercial buildings” means all buildings that are not residential
13 buildings as defined in subdivision (7) of this section or farm structures as
14 defined in 24 V.S.A. § 4413. With respect to a structure that is a mixed-use
15 building that shares residential and commercial users:
16 (A) if the structure is three stories or fewer in height, the term
17 “commercial building” includes all commercial uses within the structure and
18 all common areas and facilities that serve both residential and commercial
19 uses; and
20 (B) if the structure is four stories or more in height, the term
21 “commercial building” includes all uses and areas within the structure.
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1 (4) “Director” means the Director of the Division of Fire and Building
2 Safety.
3 (5) “IECC” means the International Energy Conservation Code of the
4 International Code Council.
5 (6) “RBES” means the Residential Building Energy Standards adopted
6 pursuant to section 2772 of this subchapter.
7 (7) “Residential buildings” means one-family dwellings, two-family
8 dwellings, and multifamily housing three stories or fewer in height.
9 (A) With respect to a structure that is three stories or fewer in height
10 and is a mi