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Monday, July 28, 2008

Green-Building Rules as Plain as Black and White

By Isaac Benton
Albuquerque City Councilor
          Upon reading the Albuquerque Journal editorial "Green Building Rules Need De-Coder Rings," I have to ask the question: Has anyone at the Journal bothered to read the Albuquerque Energy Conservation Code (AECC) and the national codes upon which it is based?
        Higher energy-efficiency standards for new construction and retrofitting of older structures could cut our fossil fuel use in half, reduce greenhouse-gas emissions and further Albuquerque's sustainability goals. The federal government has failed to show leadership on this issue, and it is up to state and local governments to act. Albuquerque has been a follower of important national trends. This is our time to lead.
        In 2007, our city did just that. Unanimously the Albuquerque City Council adopted two pieces of green-building legislation in September — one, a seven-page High Performance Building Ordinance that stated city policy and is not a building code; the other a two-volume energy conservation building code, the above-mentioned AECC.
        It is unfortunate that a pair of Washington, D.C., lobbyists from the heating and air conditioning industry, an industry that should be part of the solution rather than perpetuating the problem, is now attempting to obstruct our efforts by claiming the code is unclear. That argument is a red herring. Understanding this or any other code simply requires professional competence and literacy.
        By filing a lawsuit against the city, even after the administration agreed to yet another three-month delay in enforcement (which I strongly disagree with), these national groups demonstrate that what they are interested in is protecting themselves. They are defending lower standards that are a disservice to their customers and future generations.
        The AECC was a result of collaboration and consultation between the council and the administration and was preceded by a lengthy public involvement process, including much coverage in the Journal. The approval process included extensive deliberations by the Mayor's Green Ribbon Task Force, which was made up of a diverse group of building industry experts in energy efficiency and green building. Representatives of the Home Builders' Association and NAIOP also worked on and still support the code.
        Following adoption, the City's Green Building Program manager, who is one of New Mexico's most experienced and knowledgeable building code officials, began an aggressive outreach effort with local suppliers and other industry representatives. Only at his presentation to the heating, ventilation and air conditioning (HVAC) suppliers and contractors, attended by over 100 persons, was he met with opposition. Rude and unruly interruptions from a small but vocal group prevented him from being able to complete his presentation.
        The city had originally set the enforcement date for the new standards for April 1. However, when concerns were raised, the administration agreed to delay enforcement for three months. This allowed time for building officials, myself and city attorneys to continue to meet with and address concerns from the HVAC industry and for the City Council to adopt a few simple amendments, which were approved last month. As a compromise offered to the HVAC contractors, the council also lowered air conditioning efficiency standards. Enforcement of furnace replacement provisions was also delayed at that time to continue to work on that issue.
        Building codes are updated on a regular schedule. There is always a learning curve with new code requirements as my construction industry colleagues can attest.
        All modern building codes establish a baseline of mandatory minimum quality requirements. Permit applicants may choose alternative performance-based justifications for their proposed work and have had that option for a quarter century.
        I have been assured that the city's building inspectors have been well-trained in the AECC and are ready to administer it and answer any questions.
        Responsible and competent public and private building professionals are expected and required by licensure to be able to read, understand and use this and other codes as a matter of course. Those who do not should take a break from their work until they do, rather than push for delays resulting in the continued installation of wasteful and poorly-designed HVAC systems. Inefficient systems will burden future building users long after many of us are gone.
        The city has shown a commitment to continuing to work with all stakeholders who share a genuine interest in helping achieve building energy-efficiency that will reduce greenhouse emissions immediately and, over time, save people money.
        <i>Isaac Benton, a licensed contractor and architect, co-sponsored the High Performance Building Ordinance and the Albuquerque Energy Conservation Code. </i>