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Chapter 155
AHFC Energy Efficiency and Conservation Programs

Article

1. Building Energy Efficiency Standard. (15 AAC 155.010 - 15 AAC 155.040)

2. Home Energy Loan Subsidy Grant. (15 AAC 155.210 - 15 AAC 155.280)

3. Home Energy Rating Rebate Grant. (15 AAC 155.300 - 15 AAC 155.350)

4. Home Energy Conservation and Weatherization Program. (15 AAC 155.410 - 15 AAC 155.470)

5. Alaska Home Energy Rating System. (15 AAC 155.510 - 15 AAC 155.560)

6. Energy Efficiency Loan Program. (15 AAC 155.600 - 15 AAC 155.635)

9. Definitions. (15 AAC 155.990)

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Article 1
Building Energy Efficiency Standard

Section

10. Adoption of energy standard and amendments.

20. Applicability of standard; exemptions.

30. Compliance with the standard.

40. Self-certification by builder.

Editor's note: 15 AAC 155.010 - 15 AAC 155.030 were derived from 19 AAC 69.210 - 19 AAC 69.250. The history notes for 15 AAC 155.010 - 15 AAC 155.030 do not reflect the history of the sections under 19 AAC 69.210 - 19 AAC 69.250.

15 AAC 155.010. Adoption of energy standard and amendments

The International Energy Conservation Code of 2012 with Alaska-specific amendments dated June 18, 2014, which are adopted by reference, shall constitute the building energy efficiency standards for Alaska. The standards establish criteria for a building's thermal envelope and other mandatory energy efficiency measures for residential and commercial buildings subject to the requirements of AS 46.11.040 .

History: Eff. 5/7/93, Register 130; am 12/16/93, Register 130; am 2/1/2002, Register 161; am 11/8/2006, Register 182; am 2/9/2010, Register 194; am 3/9/2011, Register 204; am 4/3/2013, Register 209; am 6/18/2014, Register 212

Authority: AS 18.56.088

AS 18.56.096

AS 18.56.855

AS 46.11.040

AS 46.11.900

Editor's note: The International Energy Conservation Code of 2012 is available for purchase at local bookstores, and the Alaska-specific amendments are available for review from the Alaska Housing Finance Corporation.

Even though the amendment of 15 AAC 155.010 was effective 3/9/2011, it was not published until Register 204, January 2013.

Even though the amendment of 15 AAC 155.010 was effective 4/3/2013, it was not published until Register 209, April 2014.

15 AAC 155.020. Applicability of standard; exemptions

(a) The standard adopted in 15 AAC 155.010 applies to:

(1) a residential building, the construction of which began after December 31, 1991, that receives state financial assistance; or

(2) a community-owned building, the construction of which began after December 31, 1991, that is constructed, improved, purchased, or used with state financial assistance, other than under AS 29.60.010 - 29.60.375 and AS 29.60.450 - 29.60.599.

(b) The standard does not apply to a building that is:

(1) in a community, or a part of a community, exempted from the standard by the Corporation under (c) of this section; or

(2) provided to temporarily meet an emergency need due to fire, flood, or other natural disaster.

(c) Upon a request under (d) of this section, the executive director will determine whether a community, or a part of a community, is exempt from meeting the standard adopted in 15 AAC 155.010. The executive director will grant an exemption if the executive director determines that the cost of heating fuel in the community, or a part of the community, does not economically justify the estimated cost to meet the standard using a life-cycle cost analysis.

(d) A community may request an exemption, and may appeal any denial of an exemption in the following manner:

(1) a request must be sent in writing to the executive director and must include information necessary to support the request; the request must be signed by an individual authorized to sign for the community;

(2) the executive director will send his or her decision to the requester; the decision will be sent by certified mail within 60 days after either receipt of the request or the executive director's finding that the necessary information has been included, whichever is later;

(3) on the community's behalf, the requester may appeal the executive director's decision under 15 AAC 150.210.

History: Eff. 5/7/93, Register 130; am 2/1/2002, Register 161

Authority: AS 18.56.088

AS 18.56.096 (c)

AS 46.11.040

AS 46.11.900

15 AAC 155.030. Compliance with the standard

(a) A building complies with the standard if:

(1) the building has been rated by an energy rater under Chapter 4, Section 404 of the energy standard and has been assigned an energy rating of "four-star", "four-star plus", "five-star", or "five-star plus" using the Alaska Home Energy Rating System established under 15 AAC 155.510 - 15 AAC 155.560; however, a building constructed after December 31, 1994 must be assigned a "four-star plus" or higher rating in order to comply with the standard;

(2) an authorized inspector certifies in writing, in a format provided by the Corporation, that the building conforms to that standard. For purposes of this paragraph, an "Authorized Inspector" means a person who:

(A) is a licensed architect, a licensed engineer, or an individual who is registered under AS 08.18 to perform home inspections for new construction who has satisfied the requirements of (c) of this section; or

(B) a licensed mechanical contractor who has satisfied the requirements of (c) of this section, except that such a person may only certify compliance with the ventilation requirements of the energy standard;

(3) a certificate of occupancy or of compliance with a municipal building code has been issued for a building constructed after the building code of the municipality was determined by the executive director, under 15 AAC 155.030(d) to meet or exceed the standard adopted in 15 AAC 155.010;

(4) the building has been certified by the builder as complying with the standard under the provisions of 15 AAC 155.040; or

(5) the building qualifies for financing under 15 AAC 151.600, relating to nonconforming housing, and has an energy rating, rated by an energy rater under Chapter 4, Section 404 of the energy standard, that is acceptable to the corporation.

(b) Compliance with ventilation requirements may be certified separately from the certification of compliance with other requirements of the energy standard.

(c) In order to certify compliance with the standard under (a)(1), (a)(2), or (a)(4) of this section, a person must provide documentation to the Corporation showing that (1) the person has completed training approved by the Corporation in cold-climate home building, (2) the person has, within the last two years, completed training approved by the Corporation in BEES ventilation requirements, and (3) the person has successfully passed any testing required by the Corporation.

(d) A municipality may request from the executive director a determination of whether the municipality's building code meets or exceeds the standard adopted in 15 AAC 155.010. The request must include a copy of the applicable portions of the municipal building code and will be acted on as follows:

(1) the executive director will send a determination on the request to the municipality by certified mail within 60 days after receipt of the request; and

(2) a municipality may appeal the executive director's determination under 15 AAC 150.210.

(e) If the executive director determines under 15 AAC 155.030(d) that a municipality's building code does not meet or exceed the standard adopted in 15 AAC 155.010, the municipality may submit another request under 15 AAC 155.030(d) when the municipal code has been changed to bring it into compliance with that standard.

(f) Compliance with the standard shall be recorded in the recording district where the property is located on a form approved by the Corporation.

History: Eff. 5/7/93, Register 130; am 2/1/2002, Register 161; am 12/14/2005, Register 179; am 11/8/2006, Register 182; am 9/28/2011, Register 204

Authority: AS 18.56.088

AS 18.56.096

AS 46.11.040

AS 46.11.900

Editor's note: Even though the amendment of 15 AAC 155.030 was effective 9/28/2011, it was not published until Register 204, January 2013.

15 AAC 155.040. Self-certification by builder

The builder of a residential building who satisfies the requirements of 15 AAC 155.030(c) may certify to the Corporation that the building complies with the energy standard adopted under 15 AAC 155.010. The builder's certification must state that the builder constructed or directly supervised the construction of the building and has personal knowledge that the building complies with the standard.

History: Eff. 2/1/2002, Register 161

Authority: AS 18.56.088

AS 18.56.096

AS 46.11.040

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Article 2
Home Energy Loan Subsidy Grant

Section

210. Purpose.

220. Participating lender selection.

230. Eligible borrower.

240. Eligible dwelling unit.

250. Eligible product.

260. (Repealed).

270. Application for subsidy; commitment contract; payment.

280. Misrepresentation.

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