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JANUARY 20 1 0.
PERNAITTING that SPANS AN UPDATE
OF THE ENERGY STANDARDS
Subdivision Build-Outs ||||||||||
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If an application for a master plan community is submitted before January 1, 2010, can all of the homes
under that plan be built under the 2005 Building Energy Efficiency Standards, even though the build-
out of the subdivision may take several years?
No, each building in the master plan must comply with the current Standards and codes at the time each building
permit application is submitted. The effective date of the 2008 Building Energy Efficiency Standards for Residential and
Nonresidential Buildings is January 1, 2010. Builders often build 20 or so buildings at a time and submit applications for
permits, pay fees, etc. at the time each phase of construction is set to begin. An application for a building permit for each
building must be submitted prior to January 1, 2010, to show compliance under the 2005 Building Energy Efficiency Standards.
Applications received January 1, 2010, or after must show compliance with the 2008 Building Energy Efficiency Standards.
Separate Permits for Siting and Building Construction
If a permit for site work and grading is issued before January 1, 2010, but the permit for the building
construction is issued on or after January 1, 2010, which Energy Standards must be complied with for the
building construction?
The building construction permit application must show compliance with the 2008 Energy Standards because it is submitted
on or after January 1, 2010.
Expired Building Permits
`If a building permit issued under a previous set of Energy Standards has expired, can the new
application show compliance under the Energy Standards that were in effect when the expired
permit was applied for, or does the new application need to show compliance with the current Energy
Standards? -
The new application needs to show compliance with the Energy Standards that are in effect when it is submitted. If the
application is submitted after January 1, 2010, it needs to show compliance with the 2008 Energy Standards.
Continued on next page...



Permit Extensions
If a builder wishes to extend a permit that was approved under a
previous set of Energy Standards, will the permit need to comply with
the current Energy Standards in order to be extended?
No, extending a 2005 compliant building permit would not require compliance
with the 2008 Energy Standards. Per Section 10-103(d) of the Administrative
Regulations (Title 24, Part I), the enforcement agency may issue a building
permit when the construction is designed to meet the requirements of Title
24, Part 6 that are in effect on the date of the building permit application. This
means that building permit applications submitted before January 1, 2010, shall
demonstrate compliance with the 2005 Energy Standards. For these applications,
once compliance with the 2005 Energy Standards has been determined by the
enforcement agency, a building permit may be issued for construction. If the
applicant applies for an extension of this building permit, the applicant does not
need to demonstrate compliance with the 2008 Energy Standards because they
are extending a valid (non-expired) building permit that was approved and already
demonstrated compliance with the Energy Standards in effect (2005) when the
building permit application was submitted.
On the other hand, if a building permit has been issued under the 2005 Energy
Standards, there has been no construction under the permit, and the permit expires
on or after January 1, 2010, the applicant will have to submit a new building permit
Standards.
What the Law Says
TITLE24, PART1, SECTION 10-103(d).]
An enforcement agency shall not issue a building permit for any
construction unless the enforcement agency determines in writing
that the construction is designed to comply with the requirements of
Part 6 that are in effect on the date the building permit was applied
for.
If a building permit has been previously issued, there has been
no construction under the permit, and the permit has expired,
the enforcement agency shall not issue a new permit unless the
enforcement agency determines in writing that the construction is
designed to comply with the requirements in Part 6 in effect on the
date the new permit is applied for.
UNIVERSITY A
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"Determines in writing" includes, but is not limited to, approval of
a building permit with a stamp normally used by the enforcement
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application for construction, which would require compliance with the 2008 Energy
Arnold Schwarzenegger
Governor
ºf ºil.
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º Tºº
CALIFORNIA ENERGY
COMMISSION
Karen Douglas
Chairman
James D. Boyd
Vice Chair
Jeffrey D. Byron
Commissioner
Anthony Eggert
Commissioner
Robert B. Weisenmiller
Commissioner
Melissa Jones
Executive Director
Claudia Chandler
Chief Deputy Director
Building Standards implementation
Office
1516 Ninth Street, MS-26
Sacramento, CA
958||4-5512
(916) 654-4064
Vanessa Byrd
Supervisor, Outreach and Education Unit
Need Help?
Energy Standards Hotline
(800) 772-3300
or (916) 654-5106
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