2.2  Compliance Phases

2.2.1      Design Phase

The design phase for newly constructed buildings is significant and can extend for more than a year in some cases. In fact, many projects fail during the design phase. This phase sets the stage for the construction project, anything from a newly constructed nonresidential or multifamily building to additions or alterations of an existing building. The design, plans, and compliance documentation are initially developed in the design phase. While nonresidential and multifamily projects typically rely heavily on design professionals (architect, engineers, contractors, etc.), it is ultimately the responsibility of the project owner(s) to ensure that the project complies with all applicable requirements of the California Building Code — including the Energy Code. Energy Code compliance is demonstrated by completing the required NRCCs for nonresidential, hotel/motel, and high-rise multifamily projects; NRCCs and CF1Rs for low-rise multifamily projects.

In addition to issues concerning zoning, lot orientation, property line easement, and infrastructure, design professionals are responsible for California Building Code compliance as well as local ordinances. The obligation to comply with building codes and ordinances is based on professional and contractor licensing laws, the contract to perform work on the project, and the standard of care for workmanship. The contractor can attempt to shift their obligations for code-compliant plans to the owner and the architect or engineer. However, the contractor should make it a practice to review the plans and specifications for code compliance prior to entering into a contract. If the contractor finds inaccuracies and errors in the plans and specifications that are code violations, they should immediately notify the owner, architect, or engineer. Project owners would be well advised to include a contractor review of the design plans and compliance documents prior to submitting them to a enforcement agency for a permit to construct.

2.2.2      Building Commissioning

Building commissioning is both a general industry term and a defined term (with associated regulations in §120.8|topic=SECTION 120.8 – NONRESIDENTIAL BUILDING COMMISSIONING) within the Energy Code. Originally, the term “commissioning” came from the ship building industry, with the intent of that commissioning transferring to the concept of building commissioning. When a building is commissioned, it is intended to undergo a quality assurance process that begins during design and continues through construction, occupancy, and operations. Commissioning is intended to ensure that the newly constructed buildings perform initially as intended and that building staff are prepared to operate and maintain the systems and equipment to continue that performance.

The Energy Code defines “building commissioning” as a systematic quality assurance process that spans the entire design and construction process, including verifying and documenting that building systems and components are planned, designed, installed, tested, operated, and maintained to meet the owner’s project requirements.

The CEC does not require certification to perform building commissioning for the Energy Code. Although a “commissioning agent” is not a defined term within the Energy Code, there are many professionals that are trained and certified by a variety of professional organizations to perform building commissioning. The CEC is aware of these certification programs but does not endorse them.

The Energy Code, Part 1, §10-103(a)1 does require that the person(s) reviewing and signing the commissioning compliance documents must be a licensed professional engineer or a licensed architect (as specified in the provisions of Division 3 of the Business and Professions Code). A licensed contractor that is representing services performed by or under the direct supervision of a licensed engineer or architect is also eligible to sign. The signatory is further restricted by §10-103(a)1 as follows:

•      For buildings less than 10,000 square feet, this signatory may be the engineer or architect of record.

•      For buildings greater than 10,000 square feet but less than 50,000 square feet, this signatory shall be a qualified in-house engineer or architect with no other project involvement or a third-party engineer, architect, or contractor.

•      For buildings greater than 50,000 square feet and all buildings with complex mechanical systems (as defined by the Energy Code) serving more than 10,000 square feet, the signatory shall be a third-party engineer, architect, or contractor.

The square footage referenced in §10-103(a)1 refers to the total square footage of the project. This is an important distinction from the square footage used by the building commissioning triggers below.

Building commissioning (§120.8|topic=SECTION 120.8 – NONRESIDENTIAL BUILDING COMMISSIONING) applies to newly constructed nonresidential, hotel/motels, and high-rise multifamily buildings and is based on the square footage of the nonresidential spaces as opposed to the total square footage of these buildings. For example, the corridors, meeting rooms, lobbies, and other public spaces within a newly constructed hotel/motel or high-rise multifamily building count toward the nonresidential space, but the dwelling units themselves do not. Building commissioning does not apply to newly constructed low-rise multifamily buildings but is recommended as an industry best practice. Healthcare facilities are also not required to meet the Energy Code building commissioning requirements but must comply with Chapter 7 Safety Standards for Health Facilities of the California Administrative Code (Title 24, Part 1).

From §120.8|topic=SECTION 120.8 – NONRESIDENTIAL BUILDING COMMISSIONING, the explicit triggers for building commissioning are as follows:

•    Newly constructed nonresidential buildings, including hotel/motels and high-rise residential buildings and excluding healthcare facilities, are required to comply with applicable requirements of §120.8|topic=SECTION 120.8 – NONRESIDENTIAL BUILDING COMMISSIONING.

•    Such buildings with conditioned space of 10,000 square feet or more of nonresidential space are required to comply with the applicable requirements of §120.8(a) through §120.8(i).

•    Such buildings with conditioned space of less than 10,000 square feet must comply with only §120.8(d) and §120.8(e)|topic=(e) Commissioning measures shown in the construction documents..

•    All building systems and components covered by Sections 110.0, 120.0, 130.0, and 140.0 are required to be included in the scope of the commissioning process, excluding those related solely to covered processes

CEC building commissioning requires the completion and documentation of the following items (§120.8[a] lists the coded sections within §120.8|topic=SECTION 120.8 – NONRESIDENTIAL BUILDING COMMISSIONING that require compliance —  §120.8[b] through §120.8[i]):

1.    (§120.8(b)|topic=(b) Owner’s or Owner Representative’s Project Requirements (OPR).) Owner’s or owner representative’s project requirements (OPR)

a.    Required for projects with 10,000 square feet or more of conditioned nonresidential space

b.    OPR is the energy-related expectations and requirements of the building that are documented before the design phase of the project begins.

c.     Compliance documentation: 2022-NRCC-CXR-E, Table G.

2.    (§120.8[c]) Basis of design (BOD)

a.    Required for projects with 10,000 square feet or more of conditioned nonresidential space

b.    BOD is a written explanation of how the design of the building systems and components meets the OPR and is completed at the design phase of the building project and updated as necessary during the design and construction phases. The BOD document at a minimum covers the following systems and components:

i.  Heating, ventilation, air conditioning (HVAC) systems and controls

ii. Indoor lighting system and controls

iii.    Water heating systems and controls

iv.   Any other building equipment or system listed in the OPR

v. Any building envelope component considered in the OPR

c.     Compliance documentation: 2022-NRCC-CXR-E, Table H

3.    (§120.8(d)) Design Phase Design Review. The design reviewer is the signatory of the design review kickoff certificate(s) of compliance and construction document design review checklist certificate(s) of compliance.

a.    Required for all projects with conditioned nonresidential space

b.    Design review kickoff. During the schematic design phase of the building project, the owner or owner’s representative, design team, and design reviewer must meet to discuss the project scope, schedule, and ways that the design reviewer will coordinate with the project team.

c.     Compliance documentation: 2022-NRCC-CXR-E, Table F

d.    Construction documents design review. The Construction Document Design Review Checklist Certificate of Compliance lists the items checked by the design reviewer during the construction document review.

e.    Compliance documentation: 2022-NRCC-CXR-E, Table I

4.    (§120.8(e)|topic=(e) Commissioning measures shown in the construction documents.) Commissioning measures shown in the construction documents

a.    Required for all projects with conditioned nonresidential space

b.    These documents are complete descriptions of all measures or requirements necessary for commissioning included in the construction documents (plans and specifications).

c.     Compliance documentation: 2022-NRCC-CXR-E, Table I

5.    (§120.8[f]) Commissioning plan

a.    Required for projects with 10,000 square feet or more of conditioned nonresidential space

b.    Prior to permit issuance, a commissioning plan is completed to document how the project will be commissioned and is started during the design phase of the building project.

c.     Compliance documentation: 2022-NRCC-CXR-E, Table-J

6.    (§120.8(g)|topic=(g) Functional performance testing.) Functional performance testing

a.    Required for projects with 10,000 square feet or more of conditioned nonresidential space

b.    Functional performance tests demonstrate the correct installation and operation of each component, system, and system-to-system interface in accordance with the acceptance test requirements in the Energy Code.

c.     Compliance documentation: 2022-NRCC-CXR-E, Table-K

7.    (§120.8[h]) Documentation and training

a.    Required for projects with 10,000 square feet or more of conditioned nonresidential space

b.    This is a systems manual and systems operations training to be provided prior to the owner or owner’s representative postconstruction.

c.     Compliance documentation: 2022-NRCC-CXR-E, Table-L

8.    (§120.8[i]) Commissioning report

a.    Required for projects with 10,000 square feet or more of conditioned nonresidential space

b.    This is a complete report of commissioning process activities undertaken through the design, construction, and reporting recommendations for postconstruction phases of the building project and is provided to the owner or owner’s representative.

c.     Compliance documentation: 2022-NRCC-CXR-E, Table-M

The compliance document NRCC-CXR-E is the bare minimum that the Energy Code requires. Certified commissioning agents will typically provide far more support and organization to a construction project as a matter of their certification training and industry best practices. The CEC encourages but does not require a building commissioning process and documentation beyond the minimum requirements of the Energy Code §120.8|topic=SECTION 120.8 – NONRESIDENTIAL BUILDING COMMISSIONING.

2.2.2.1    Integrated Design

Integrated design is not required by the Energy Code but is a recognized industry best practice related to building commissioning. “Integrated design” is the consideration that brings the design of all related building systems and components together. It brings together the multiple disciplines involved in designing a building or system and reviews the related recommendations as a whole. It recognizes that the recommendations for each discipline have an impact on other aspects of the building project. This approach allows for optimization of building performance and cost.

For example, often HVAC systems are designed without regard for lighting systems, or lighting systems are designed without consideration of daylighting opportunities.

The architect, mechanical engineer, electrical engineer, contractors, and other team members each have their scope of work and often pursue the work without adequate communication and interaction with other team members. This lack of communication can result in improper system sizing or systems that are optimized for nontypical conditions.

Even a small degree of integration provides some benefit, allowing professionals working in various disciplines to take advantage of design opportunities that are not apparent when they are working in isolation. This can also point out areas where trade-offs can be implemented to enhance energy efficiency. Design integration can avoid redundancy or conflicts with aspects of the building project planned by others. The earlier that integration is introduced in the design process, the greater the benefit that can be expected.

2.2.3      Permit Application

2.2.3.1    Certificates of Compliance

NRCCs (nonresidential certificates of compliance) are required for newly constructed buildings, as well as additions and alterations to existing buildings. The design team (architects, engineers, designers, or other specialty contractors) is responsible for ensuring that the building designs comply with the California Building Standards Code, including the Energy Code. Once the design team has settled on a code-compliant design, it is required (§10-103(a)) to document the compliance with the Energy Code by completing and signing the NRCCs. Table 2.2-1 lists all the possible NRCCs that the design team may need to use.

Table 2.2-1 Certificates of Compliance

Source: California Energy Commission staff

These NRCCs were available from the CEC (via Energy Code Ace) for 2019 Energy Code compliance and were designed to be dynamic forms that would expand, and contract as needed to describe the proposed project. The CEC adopted the Energy Code Ace Virtual Compliance Assistance (VCA) tool instead of the individual NRCCs for 2022 Energy Code compliance.

The VCA tool uses an interrogatory method to determine what NRCCs are necessary for a specific project, complete the necessary NRCCs based on the information entered, and make them ready for review and signature. The VCA can make recommendations only for projects that use the prescriptive path. (See Chapter 1 of the Nonresidential and Multi-Family Compliance Manual.) To complete the necessary NRCCs for projects using the performance path, the design team must use a CEC-approved compliance model. The CEC maintains a list of these approved compliance models on the 2022 Building Energy Efficiency Standards Approved Computer Compliance Programs website. The compliance model will create an NRCC-PRF-01 form with the necessary information for the design team to complete the required NRCCs.

Regardless of what compliance path or what compliance tool the design team uses, as the applicant applying for a permit to construct with an enforcement agency, the design team is solely responsible for completing the correct NRCCs and designing a code-compliant project. Once the design team has completed the required project design details, NRCCs, and any other documentation required by the enforcement agency, it can begin the permit application phase by submitting a complete application for a permit to construct to the enforcement agency.

All applicable NRCCs must be signed by a document author and a responsible person. While there are no requirements for the document author, the responsible person must be eligible under Division 3 of the Business and Professions Code to accept responsibility for the building design or system design identified on each NRCC (§10-103(a)). For example, a technician may complete the NRCC-MCH-E, but only the engineer of record (that was on the design team) can review and sign as the responsible person. The responsible person can also act as the document author. Once completed, reviewed by the responsible person, and signed, each NRCC must be included in the application for permit to construct to the enforcement agency.

2.2.3.2    Commissioning Design Review

For newly constructed buildings, the design review kickoff and construction document design review certificate of compliance (NRCC-CXR-E) must be signed by the approved design reviewer, as specified in §10-103(a)1 and submitted for approval by the enforcement agency with the permit application. This document is required for all newly constructed projects with conditioned nonresidential space regardless of the compliance method used (prescriptive or performance). To demonstrate compliance, all projects are required to complete the NRCC-CXR-E. The building owner, representative, design engineer and design reviewer must all sign and date the NRCC-CXR-E once the design review has been completed. Contractors accepting the responsibilities of the engineer under the provision of the Business and Profession Code may sign the documents in place of the design engineer. See Chapter 13 of for more details regarding building commissioning.

2.2.3.3    Preparation and Incorporation Onto the Plans

The length and complexity of the NRCCs may vary depending on the size and complexity of the building(s) or system(s) that are being permitted, regardless of which compliance method is used. The NRCCs are commonly prepared by an energy consultant or energy compliance professional (documentation author) although this is not a requirement of the Energy Code, just an industry practice. An energy consultant should be knowledgeable about the Energy Code and can benefit the design team by offering advice for the selection of the compliance method (prescriptive or performance), compliance tools (VCA or a compliance model or both), and the selection of the energy features used for compliance with the Energy Code. An energy consultant may also provide recommendations for the most cost-effective mix of building energy features for the design.

The Administrative Regulations, §10-103(a)2, require that the NRCCs and any applicable supporting documentation be submitted with the permit application and that the NRCCs be incorporated into the building plans. Many enforcement agencies require that all the energy compliance documents be incorporated electronically onto the building plans. This incorporation enables the plans examiner to verify that the building or system design specifications shown on construction documentation are consistent with the energy features specified on the NRCCs. Samples of the CEC-approved documents are in Appendix A of this manual. A listing of certificate of compliance documents is available in Table 2.1-1

2.2.3.4    HERS Data Registry — Compliance Document Registration

High-rise multifamily buildings, some nonresidential duct leakage testing, and plumbing designs are required to register compliance documents with the HERS data registry. The registration requires the builder or designer to become an authorized user of the HERS data registry and submit the required CF1Rs and an electronic signature to an approved HERS data registry to produce a completed, dated, and signed electronic CF1R that is retained by the HERS data registry.

Examples of authorized users of the HERS data registry may include energy consultants, builders, building owners, construction contractors and installers, enforcement agencies, the CEC, and other parties to the compliance and enforcement process that the documents are designed to support. Authorized users of the HERS data registry will be granted read/write access rights to only the electronic data that pertains to their project(s).

2.2.4      Plan Check

2.2.4.1    Plans and Specifications

Enforcement agencies are required to check submitted building plans to determine compliance with the California Building Code, including the Energy Code. Vague, missing, or incorrect information on the NRCCs and CF1Rs may be identified by the plans examiner as requiring correction by the permit applicant. The permit applicant would then resubmit the revised building plans and specifications. When the permit applicant submits comprehensive, accurate, clearly defined building plans and specifications, the submission may help speed plan review. Because the enforcement agency bears responsibility for code enforcement, only it may pursue corrections to approved plans and compliance documents.

During plan review, the enforcement agency must verify that the building design details specified on the construction documents conform to the applicable energy code features information specified on the submitted NRCCs and CF1Rs. This conformance is necessary since materials purchasing personnel and building construction craftsmen in the field may rely solely on a copy of the building plans and specifications for direction in performing their responsibilities.

2.2.4.2    Energy Plan Review

The enforcement agency is responsible for verifying that all required NRCCs and CF1Rs have been submitted for plan review, are consistent with the submitted plans, and do not contain errors. When the compliance documents are produced by a CEC-approved compliance software application, the VCA, or the HERS data registry, it is unlikely that there will be computational errors on the NRCCs or CF1Rs. Some examples of how the plans examiner will verify that the energy efficiency features detailed on the NRCCs are consistent with the building plans include:

1.  Verifying the lighting fixtures and associated wattages, lighting controls, and so forth from NRCC-LTI-E are consistent with the electrical plans in a lighting schedule, lighting fixture legend for the floor plan, etc.

2.  Verifying the window and skylight U-factor and SHGC values from NRCC-ENV-E are consistent with the structural/architecture plans in a window/skylight schedule, window/skylight legend for the floor plan, and so forth.

3.  Verifying the wall, floor, and roof/ceiling insulation R-values from the NRCC-ENV-E are consistent with the structural/architecture plans in a framing plan, structural details, and so forth.

4.  Verifying the HVAC equipment SEER, EER, AFUE, and other efficiency values from the NRCC-MCH-E are consistent with the mechanical plans in an equipment schedule.

Note: The enforcement agency should clearly articulate to the builder/designer the acceptable methods of specifying energy features on the building plans for approval.

2.2.5      Permit to Construct

After the plans examiner has reviewed and approved the building plans, specifications, NRCCs, and CF1Rs for the project, the enforcement agency may issue a building permit at the builder’s request. Issuance of the building permit is the first significant milestone in the compliance and enforcement process. The building permit is the green light for the contractor to begin work. In many cases, building permits are issued in phases. Sometimes, there is a permit for site work and grading that precedes the permit for actual construction. In large office, multifamily, or institutional buildings, the permit may be issued in phases, such as site preparation or structural steel.

2.2.6      Construction and Installation

2.2.6.1    Certificates of Installation

As construction begins and progresses, the installing contractor, general contractor, specialty contractor, or other qualified person is required to complete the NRCIs (Nonresidential Certificates of Installation) relevant for each energy efficiency feature being installed. The NRCIs (or CF2Rs) document that the installing contractor is aware of the requirements of the NRCC (or CF1R) and the Energy Code and that the actual construction and installation meet these requirements.

NRCIs are required to be completed and submitted to document compliance of the installation of regulated energy efficiency features such as windows and skylights, water heater, plumbing, HVAC ducts and equipment, lighting fixtures and controls, and building envelope insulation. The licensed contractor responsible for the building construction or the installation of a regulated energy efficiency feature must ensure the work is done in accordance with the approved building plans, specifications, and NRCC (or CF1R) for the project. The installing contractor (and document author) must sign the NRCI.

The responsible persons must also sign the NRCI and are expected to verify that the installed features, materials, components, or manufactured devices for which they are responsible conform to the building plans, specifications, NRCC (or CF1R) approved by the enforcement agency for the project. A copy of the completed, signed, and dated NRCI must be posted at the building site for review by the enforcement agency before the final project inspection.

If construction of any regulated portion of the project will be impossible to inspect once subsequent construction is completed, the enforcement agency may require the NRCI to be posted upon completion of that feature/portion of the project and before completion of any subsequent construction.

A listing of NRCI documents is provided in Table 2.2-2. A copy of the NRCIs must be included with the documentation the builder provides to the building owner at occupancy as specified in §10-103(b). The NRCIs are available through the VCA tool, and the CF2R is available through a HERS data registry. Both the NRCI and CF2R are linked to the NRCCs and CF1Rs, respectively. The NRCI/CF2Rs identify each energy efficiency feature that the contractor must install and provides a check box (if that exact feature is installed). If the feature is changed out for another feature, the NRCI/CF2R provide data entry fields for the new feature and will automatically indicate if the change needs to be approved by the enforcement agency.

Table 2.2-2: Nonresidential Certificate of Installation Documents

Source: California Energy Commission staff

2.2.6.2    Change Orders

A "change order” is an industry term for a formal amendment to a construction contract that changes the contractor's scope of work. Not all changes to a construction project result in a formal change order. In many instances, the project owner can change the scope of work without a formal agreement. Most change orders modify the work, materials, or time to complete the work. For there to be a valid change order, the owner and contractor must both agree on all terms. Change orders exist because construction plans, although very detailed, cannot possibly anticipate every nuance or issue that may arise on a construction project. Some change orders will affect the plans approved by the enforcement agency and will require a separate approval. For example, changing the finish on an interior wall is unlikely to affect the approved plans, but adding or removing a window will.

For the energy efficiency features recorded on the approved NRCCs and CF1Rs, generally any change that reduces the energy efficiency will require a new NRCC or CF1R to be completed, signed, submitted (to the enforcement agency), and approved. These actions may also result in a special inspection by the enforcement agency. For example, switching to more efficient lighting will not likely result in a change order that is required to be approved, but changing which lights are daylighting-controlled will.

To help track what change orders should result in an enforcement agency approval, the CEC requires that the installing contractor complete the NRCIs and CF2Rs (for low-rise multifamily) using the VCA tool or the HERS data registry. If the enforcement agency approval is required for the change order, the responsible person must update and resubmit the affected NRCC or CF1R or both to the enforcement agency.

However, the automatic evaluation from the VCA tool or the HERS data registry or both are advisory. It is still the responsibility of the builder and building owner to determine if a change order needs to be approved by the enforcement agency regardless of the VCA tool or HERS data registry. Additionally, many enforcement agencies have a stricter policy when it comes to change orders and want them all submitted for review and possible approval regardless of the scope of the change.

2.2.7      Operational Testing

Operational testing is part of the competency of workmanship that any installing contractor will perform to verify that their own work is up to industry standards and complies with the project design and California Building Standards Code (including the Energy Code). Formal operational testing is typically referred to as acceptance testing or acceptance criteria verification. The Energy Code requires specific acceptance testing (performed by the installing contractor) for lighting controls, HVAC controls, air distribution ducts, envelope features, and special purpose equipment, referred to as covered processes. However, the Energy Code acceptance testing procedures do not alleviate the installing contractor from performing any manufacturer required startup and commissioning tests for the installed energy efficiency feature. Certified technicians who conduct acceptance testing for lighting and mechanical systems are required by to be trained and certified by a CEC-approved Acceptance Test Technician Certification Provider (ATTCP). These certified technicians are referred to as acceptance test technicians (ATTs) The CEC verifies that the ATTCP provides the required classrooms and hands-on training to perform the required acceptance tests and complete the required documentation (§10-103.1 or §10-103.2). Builders and installers will need to ensure that an ATT conducts the required acceptance testing and completes the required NRCAs (Nonresidential Certificates of Acceptance) for lighting controls and mechanical systems. For this purpose, the ATTCPs provide publicly available lists of ATTs certified by the ATTCP. Enforcement agency field inspectors can verify that the submitted NRCAs are signed by an ATT using the same public lists and by inspection of the NRCA itself. Each NRCA is watermarked by the ATTCP that certified the ATT for authentication. The NRCA itself can also be verified by the ATTCP as valid by contacting the ATTCP by phone to email. The CEC keeps a link to all ATTCP at its ATTCP-Website (https://www.energy.ca.gov/programs-and-topics/programs/acceptance-test-technician-certification-provider-program/acceptance). Table 2.2-3 lists the Energy Code required NRCAs and indicates which are to be completed by ATTs through the ATTCP program. For more information of the ATTCP program, see Chapter 14 of the Nonresidential and Multi-Family Compliance Manual.

Table 2.2-3: Nonresidential Certificate of Acceptance

Source: California Energy Commission

2.2.8      HERS Verification — Certificate of Field Verification and Diagnostic Testing

When single-zone, constant-volume space-conditioning systems (1) serving less than 5,000 ft² of floor area and (2) having more than 25 percent of the system surface duct area are located in unconditioned space, duct sealing is prescriptively required by §140.4(l) for newly constructed buildings and §141.0(b)2C, 141.0(b)2D, and 141.0(b)2E for HVAC alterations. A HERS Verification of the duct system must be conducted by a certified HERS Rater to verify that the air distribution duct leakage of the system is within specifications required by the Energy Code. The HERS Verification is performed on each duct system or on a sample (one in seven) of duct systems. For example, a series of buildings on a project site where the contractor is installing new HVAC systems (qualifying as indicated above) would require that the associated ducts be tested for leakage (limited to 15 percent of the system air volume). The installing contractor with an ATT certification can perform and document the duct leakage test (NRCA-MCH-04-A) and place seven of the completed NRCAs in a group. A HERS Rater then selects of the NRCAs in the group at random and performs the same acceptance test. The HERS Rater then records only the HERS Verification that they performed in the HERS data registry.

As an alternative for the contractor or builder (if approved by the enforcement agency), an ATT may perform and document the duct leakage test (NRCA-MCH-04-A) for each NRCA without a separate verification by a HERS Rater. The ATT must record the duct test in the ATTCP database tracking system. In either case, each duct system must be tested, either by the contractor or an ATT.

2.2.9      Final Inspection by the Enforcement Agency and Issuance of the Certificate of Occupancy

§10-103(d)2

Local enforcement agencies inspect all new buildings and systems to ensure conformance with applicable codes and standards. The inspector may require that corrective action be taken to bring the construction/installation into compliance. Thus, the total number of inspection visits and the timing of the inspections that may be required before passing the final inspection may depend on the size and complexity of the building or system.

Enforcement agencies withhold issuance of a final certificate of occupancy until all compliance documentation is submitted, certifying that the specified systems and equipment conform to the requirements of the approved design and Energy Code. All certificates of HERS verification must be registered copies from an approved HERS data registry.

2.2.10    Certificate of Occupancy

The final step in the permitting process is the certificate of occupancy is issued by the enforcement agency. This is the green light for the building to be occupied. Although a developer may lease space before the issuance of the certificate of occupancy, the tenant cannot physically occupy the space until the enforcement agency issues the certificate of occupancy.

2.2.11    Occupancy – Compliance, Operating, and Maintenance Information

At the occupancy phase, the general contractor or design team or both are required to provide the owner with copies of the energy compliance documents, including NRCCs, CF1Rs, NRCIs, CF2Rs, NRCAs, CF3Rs, and any HERS verifications. Documents for the construction/installation, operating, maintenance, ventilation information and instructions for operating and maintaining the features of the building efficiently are also included.

2.2.12    Compliance Documentation

Compliance documentation includes the documents, reports, and other information that are submitted to the enforcement agency with an application for a building permit. Compliance documentation also includes documentation completed by the installing contractor, engineer/architect of record, owner’s agent, or certified technician to verify that certain systems and equipment have been correctly installed and commissioned. Compliance documentation will also include reports and test/inspection results by HERS Raters when duct sealing/leakage testing is required unless performed by an ATT.

Each portion of the applicable compliance documentation must be completed and/or submitted during:

1.    The building permit phase (NRCCs, CF1Rs).

2.    The construction phase (NRCIs, CF2Rs).

3.    The acceptance testing and HERS verification phases (NRCAs, CF3Rs).

4.    The final inspection phase (all compliance documents include building commissioning documents).

All submitted compliance documentation is required to be compiled by the builder or general contractor. A copy of the compliance documentation is required to be provided to the building owner so that the end user has information describing the energy features installed in the building.