Board of Appeals

Boards, Commissions & Committees

Board of Appeals - January 24, 2019 Minutes

Members Present: Mark Honzay, Mike Wild, Jeff Furstenau, Dave Obermiller and Justin Schoenberg.

Others Present: Christine Rose, James Garvey, Clinton “Hap” Hildebrand, Luke Olson, Bill Yates, Andy Cooper and Gretchen Morlan.

Mike Wild called the meeting to order.

Item 1 – Approve the Minutes of the January 10, 2019 meeting.
Dave Obermiller motioned to approve the minutes of the January 10, 2019 meeting. Justin Schoenberg seconded the motion. All members present voted aye, and the motion was declared carried.

Item 2 – Unfinished Business. Bruce Taralson stated that there is a structural and stair issue that will be presented at the next meeting. Mike Wild inquired if there is a STC issue that would be presented as well. Mr. Taralson stated that the issue was discussed at a previous meeting and the amendment was recommended to remain.

Item 3 – New Business.

a). Review of International Residential Code, Chapters 11.

Inspector, Clinton “Hap” Hildebrand presented the International Residential Code, Chapter 11, to the Board. (Chapter 4 – 2018 International Energy Conservation Code)

Chapter 11

Table N1102.1.2 (Page R-30 – Table R402.1.2) Staff recommends continuing the existing local AMENDMENT maintaining the R-values of wood framed walls in zones 6-7-8 at R-21 or R13+5 and basement walls at R10 continuous or R13 cavity.

Fenestration U-Factors in this table have been reduced in Zones 3-8.

Table N1102.1.4 (Page R-30 – Table R402.1.4) Staff recommends continuing the existing local AMENDMENT maintaining U-factors of wood framed walls in zones 6-7-8 at 0.057 and basement walls at 0.059.

Section N1102.2.5 (Page R31 – Section R404.2.5) Code change, a framed wall with brick veneer will not be considered a “Mass Wall”.

Section N1102.4 (Page R-33 – Section R402.4) Staff recommends continuing the existing local AMENDMENT which states dwelling units of R-2 occupancies and multiple single family dwellings shall be permitted to comply with the International Energy Conservation Code, Section C402.5.

Section N1102.4.1.3 (Page R-33 – Section R402.4.1.3) Staff recommends continuing the existing local AMENDMENT which states building envelope tightness and insulation shall be considered acceptable when installed in accordance with Table N1102.4.1.1 (R402.4.1.1 – “Air Barrier and Insulation” has been field verified.

Section N1103.3.2 (Page R-35 – Section R403.3.2) Exceptions that were addressed in the existing local amendment have been deleted, therefore staff recommends deleting the existing local AMENDMENT in order to maintain consistency.

Section N1103.3.2 (Page R-35 – Section R403.3.3) Exception 2. Exception 2 has been added and states, “A duct air-leakage test shall not be required for ducts serving heat or energy recovery ventilators that are not integrated with ducts serving heating or cooling systems.”

Section N1103.3.5 (Page R-35 – Section R403.3.5) Staff recommends continuing the existing local AMENDMENT which states that building cavities shall not be used as supply ducts of plenums.

Section N1103.3.6 (Page R-35 – Section R403.3.6) This is a new section that provides options as to how the required ceiling insulation can be placed around already insulated ductwork.

Section N1103.6 (Page R-36 – Section R403.6) Staff recommends continuing the existing local AMENDMENT deleting “Mechanical” from the section title.

Section N1103.6.1 (Page R-37 – Section R403.6.1) Fan used to provide whole-house mechanical ventilation shall meet the efficacy requirements of Table N1103.6.1(R403.6.1) which has also been modified to include this type of fan.

Section N1104.1 (Page R-37 – Section R404.1) The requirement for lighting fixtures that contain only high-efficacy lamps has increased to 90%.

Table N1105.5.2(1) (Page R-39 – Table R405.5.2(1)) Staff recommends continuing the existing local AMENDMENT removing the text “and 2, and 3 air changes per hour in Climate Zones 3” from the Standard Reference Design.

b. Review of International Energy Conservation Code, Commercial Chapters.

Deputy Inspections Administrator, Christine Rose, presented the International Energy Conservation Code, Commercial Chapters, to the Board.

Chapter 1

Section C101.1 Staff recommends continuing the existing local AMENDMENT inserting “the City of Fargo” as the name of the jurisdiction.

Section C102 There is a side bar in this book because the 2015 did not match the 2015 IBC. They have changed this section to match the 2018 IBC on alternative materials.

Section C103.6 This section has been added requiring plans to be submitted to the building owner or agent within 90 days of the date of receipt of the Certificate of Occupancy. The documents to be submitted include Section 103.6.1 - such updates shall include mechanical, electrical and control drawings that indicate all changes to size, type and location of components, equipment and assemblies.

Chris Rose stated that what will likely happen is the plan reviewer will make a comment during the plan review and the issue will be between the builder and the owner.

Section C105 The entire section has a side bar. The intent has not changed. The 2015 was specific at what stages of construction the different types of inspections were to be performed. This section is less specific, however, required inspections are covered in the building code.

Chapter 2

Section 202 A definition has been added for Fenestration, both skylights and vertical fenestration.

Chapter 3

Section C303.1.3 This section has been reworded for clarity and now specifically references garages doors and rolling doors.

Table C303.1.3(1) The next two tables have been re organized to include more specific titles in 303.1.3(1) the title includes skylight but the values in the table are the same.

Table C303.1.3(2) Added opaque to the title and also added insulated metal (rolling) doors to the table. The values in the table that are not new have not changed.

Section C303.2.2 This is a new section that is more specific on how layers of continuous insulation is installed. Where the continuous insulation board manufacturer’s instructions do not address installation of two or more layers, the edge joints between each layer of continuous insulation boards shall be staggered.

Chapter 4

Section C402.1.4 Section has been reworded for clarity, however, the formula stayed the same.

Table C402.1.3 Added an R value to the table for heated slabs and two footnotes: (h) and (i).

Section C402.2.2 The requirements for “mass walls” has been re-worded, but the intent stays the same.

Section C402.2.5 This section has been added and changed the footnote in Table C402.1.4 (c) where heated slabs are below grade, the below grade walls shall comply with the U-factor requirements for above grade mass walls instead of the F-factor requirements for heated slabs.

Section C402.2.7 Where thermal properties of airspaces are used to comply with this code in accordance with Section C401.2 such airspaces shall be enclosed in an unventilated cavity constructed to minimize airflow into and out of the enclosed airspace. Airflow shall be deemed minimized where the enclosed airspace is located on the interior side of the continuous sir barrier and is bounded on all sides by building components

Exception: The thermal resistance of airspaces located on the exterior side of the continuous air barrier and adjacent to and behind the exterior wall covering material shall be determined in accordance with ASTM C1363 modified with an airflow entering the bottom and exiting the top of the airspace at an air movement rate of not less than 70mm/second. This is a new section in the code, but is already in use in this jurisdiction.

Table C-402.4 Changes have been made to the table, however, none of the changes affect zone in which Fargo, ND is located.

Section C408. Maintenance Information and System Commissioning. This section covers the provision of Mechanical maintenance information and the commissioning of the functional testing requirements for, building systems.

The building operations and maintenance documents shall be provided to the owner and shall consist of manufacturers information, specifications and recommendations; programming procedures and data points; narratives; and other means of illustrating to the owner how the building, equipment and systems are intended to be installed, maintained and operated. Required regular maintenance actions for equipment and systems shall be clearly stated on a readily visible label. The label shall include the title or publication umber for the operation and maintenance manual for that particular model and type of product.

Section C408.3.2 The construction documents shall specify that the documents described in this section be provided to the building owner or owners authorized agent within 90 days of the date of receipt of the certificate of occupancy.

Section C408.3.2.1 Construction documents shall include the location and catalogue number of each piece of equipment.

Section C408.3.2.2 An operating and maintenance manual shall be provided and included the flowing:

1. Name and address of not less than one service agency for installed equipment
2. A narrative of how each system is intended to operate, including recommended set points
3. Submittal data indication all selected options for each piece of lighting equipment and lighting controls.
4. Operation and maintenance manuals for each piece of lighting equipment. Required routine maintenance actions, cleaning and recommended re-lamping shall be clearly identified.
5. A schedule for inspecting and recalibrating all lighting controls.

Section C408.3.2.3 A report of text results shall be provided and include the following

1. Results of functional performance tests.
2. Disposition of deficiencies found during resting, including details of corrective measures used or proposed.

Justin Schoenberg inquired if this addresses continuous insulation on outside walls. Chris Rose stated that either COMcheck or table can be used. Bruce Taralson stated that a third acceptable routing is Ashrae.

Andy Cooper, Commissioning Agent with Cooper Commissioning approached the Board. Mr. Cooper inquired of Section C408 and whether or not there is an option for a preliminary commission report in lieu of a final report deadline of 90 days after the Certificate of Occupancy is issued. He furthered that 90 days does not always allow for systems that might require seasonal deferred testing that exceeds the 90 day deadline or a one year warranty period. Mr. Cooper stated that he would like to recommend a preliminary report option and an option for a final report after commissioning is complete. Christine Rose stated that another possible option might be that an amendment is made to the 90 day deadline allowing for one heating and one cooling system to be able to test the equipment. Bruce Taralson inquired if there is an issue with starting all systems within 90 days. Mr. Cooper stated that issues depend on the design of building systems and furthered that some systems cannot be tested until outdoor conditions are viable.

Mr. Cooper continued that in reference to Section C408.3.1 – Functional Testing, the current wording lists “registered design professional” and suggested that the wording include “or approved agency”. He stated that the inclusion would be similar to what C408.2 requires.

Discussion ensued regarding the term “registered design professional” and its use in the code.

Mr. Cooper stated that the inclusion of the verbiage “or approved agency” would provide clarification of what commissioning is and what the service provides. He furthered that the way the section is currently worded seems to exclude that commissioning be a part of a project. Mr. Cooper stated that as a commissioner, he does not design, he tests and inspects.

Mark Honzay stated that as per Mr. Cooper’s original request regarding Section C408.3.1 – Lighting Controls, aside from this section, all other facets of commissioning have the verbiage Mr. Cooper is requesting. He inquired of the reasoning behind Mr. Cooper’s request to add verbiage specifically to Section C408.3.1 Mr. Cooper stated that he would like to see the added verbiage to maintain consistency throughout the code. He furthered that typically the commissioning provider tests the HVAC systems and lighting control systems and consistency would be helpful.

Christine Rose stated that she would be in contact with Mr. Cooper in developing the verbiage for the proposed amendment(s) for the next scheduled Board meeting.

Item 4 – Staff Reports. Bruce Taralson stated that there were no staff reports at this time.

Item 5 – Adjournment. Mark Honzay motioned to adjourn the meeting. Dave Obermiller seconded the motion. All members present voted aye, and the motion was declared carried.

Respectfully submitted,

Bruce Taralson, Board Secretary