Energy Code Ace - 10-109 – COMPLIANCE SOFTWARE, ALTERNATIVE COMPONENT PACKAGES,…

(a) Compliance software, alternative component packages, exceptional methods, data registries and related data input software, alternative residential field verification protocols or electronic document repositories must be approved by the Commission in order to be used to demonstrate compliance with Part 6.

(b) Application. Applications for approval of compliance software, alternative component packages, exceptional methods, data registries and related data input software, and alternative field verification protocols must be made as follows:

1. An applicant shall submit four copies of a signed application form specified by the Executive Director.

2. The application shall include the following materials:

A. A description of the functional or analytical capabilities of the compliance software, alternative component package, calculation method, exceptional method, data registry or related data input software, and alternative field verification protocol; and

B. A demonstration that the criteria in Section 10-109 are met; and

C. An initial fee of one thousand dollars ($1,000). The total fee shall cover the Commission's cost of reviewing and analyzing the application. Within 75 days of receipt of an application, the Commission will provide an estimate of the total maximum cost to review and analyze the application and make a determination as to the completeness of the application. Consideration of the application will be delayed until the applicant submits requested additional information. After the Commission determines the total cost, if the cost exceeds the initial fee, the Commission shall assess an additional fee to cover the total cost. If the actual cost is less than the initial, or any estimated maximum, fee the Commission shall refund the difference to the applicant.

(c) Compliance Software.

1. Public Domain Computer Programs. In addition to the public domain computer programs that are approved pursuant to Public Resources Code Section 25402.1, the Commission may, upon written application or its own motion, approve additional public domain computer programs that may be used to demonstrate that proposed building designs meet energy budgets.

A. The Commission shall ensure that users' manuals or guides for each approved program are available.

B. The Commission shall approve a program only if it predicts energy consumption substantially equivalent to that predicted by the above-referenced public domain computer program, when it models building designs or features.

2. Alternative Calculation Methods (All Occupancies). The Commission may approve non-public domain computer programs as an alternative calculation method that building permit applicants may then use to demonstrate compliance with the performance standards (energy budgets) in Part 6. In addition to the application requirements of subdivision (b) above, an application for approval of compliance software must include documentation demonstrating that the compliance software meets the requirements, specifications, and criteria set forth in the Residential or Nonresidential ACM Approval Manual, as appropriate.

NOTE: Copies of the ACM Approval Manuals may be obtained from the Commission's website at: www.energy.ca.gov.

(d) Alternative Component Packages.

In addition to the application requirements of subdivision (b) above, an application for approval of an alternative component package must include documentation that demonstrates that the package:

1. Will meet the applicable energy budgets; and

2. Is likely to apply to a significant percentage of newly constructed buildings or to a significant segment of the building construction and design community.

(e) Exceptional Methods.

The Commission may approve an exceptional method that analyzes a design, material, or device that cannot be adequately modeled using the public domain computer programs. Applications for approval of exceptional methods shall include all information needed to verify the method's accuracy.

(f) Commission Action.

The Commission may take the following actions on an application submitted pursuant to this section:

1. Approve the application unconditionally

2. Restrict approval to specified occupancies, designs, materials, or devices; or

3. Reject the application.

(g) Resubmittal.

An applicant may resubmit a rejected application or may request modification of a restricted approval. Such application shall include the information required pursuant to this section, and, if applicable, shall indicate how the proposed compliance software, alternative component package, exceptional method, data registry or related data input software has been changed to enhance its accuracy or capabilities.

1. Modification. Whenever an approved compliance software, alternative component package, exceptional method, data registry or related data input software is changed in any way, it must be resubmitted under this section for approval.

2. The Commission may modify or withdraw approval of compliance software, an alternative component package, an exceptional method, or a data registry or related data input software based on its approval of other programs, methods, registries or data input software that are more suitable.

(h) In addition to the procedures and protocols identified in the Alternative Calculation Method Approval Manuals and the Reference Appendices, the Commission may authorize alternative procedures or protocols that demonstrate compliance with Part 6.

(i) Data Registries And Related External Digital Data Sources, And Electronic Document Repositories.

1. Data Registries and Related External Digital Data Sources.

Data registries and related external digital data sources shall conform to the requirements specified in Reference Joint Appendix JA7.

A. The Commission may approve residential data registries that provide for compliance document and their associated Compliance Registration Packages registration and retention, when required by Part 6 of all residential compliance documentation and the nonresidential Certificates of Verification.

B. Nonresidential Data Registry Approval Thresholds.

i. The Commission may approve nonresidential data registries that provide for compliance document and their associated Compliance Registration Packages registration, when required by Part 6 of all nonresidential compliance documentation, excluding all Certificates of Acceptance recorded by an acceptance test technician certification provider (10-103.1 and Section 10-103.2). However, nonresidential data registries may not provide for registration of nonresidential Certificates of Verification.

ii. As a prerequisite to reviewing and/or approving nonresidential data registries for use, on or after January 1, 2023, the Commission shall first make all of the following findings:

a. The Commission has approved data schema capable of utilization in the development of any nonresidential data registry.

b. The Commission will not lose access to information necessary to support the enforcement and development of current and future building code cycles.

iii. The procedures for consideration and approval of applications enumerated in 10-110 shall not apply to applications for nonresidential data registries until the Commission makes the findings specified in 10-109(i)1Bii.

iv. Nothing in this or any other section, including 10-110, shall be construed as requiring the Commission to make the findings specified in 10-109(i)1Biia by any set date, regardless of pending applications.

v. The Registration Provider shall only use data schema approved by the Commission in a nonresidential data registry.

C. The Commission may approve external digital data sources used for data input to various data registries for registering, when required by Part 6 residential or nonresidential compliance documentation.

2. Electronic Document Repositories.

A. The Commission may approve electronic document repositories that retain for the Commission electronic compliance documentation and their associated Compliance Registration Packages generated by residential and nonresidential data registries when registration is required by Part 6.

(j) Alternative Residential Field Verification Protocols.

Alternative residential field verification protocols shall comply with the application requirements of Section 10-109(b) and any applicable requirements of Reference Residential Appendices RA1.

(k) Photovoltaic System and Battery Storage System Requirement Determinations.

The Commission may, upon written application or its own motion, determine that the photovoltaic or battery storage requirements in Section 150.1(a)3, Section 140.0(c), Section 170.0(a)3 shall not apply, if the Commission finds that the implementation of public agency rules regarding utility system costs and revenue requirements, compensation for customer-owned generation, interconnection fees, or other factors, causes the Commission’s cost effectiveness conclusions, made pursuant to Public Resources Code 25402(b)(3), to not hold for particular buildings.

Applications shall include full information regarding the differences between public agency rules and Energy Commission cost effectiveness determinations, including all information requested by the Commission to enable full review of the application. Applications shall also include specific recommended limitations to the scope of the determination that is requested, and specific eligibility criteria to determine what buildings would qualify for the determination. Applications from public agencies shall be submitted to the Energy Commission only after public review within the jurisdiction of the public entity or service area of the utility.