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Guide to Building Performance Standards

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POLICIES TARGETING NEWLY CONSTRUCTED BUILDINGS BUILDING ENERGY CODES Building codes are jurisdictions' primary tool for regulating the design and construction of new buildings and renovation projects. Most states or cities across the country have comprehensive policies in place to ensure that newly constructed buildings meet certain requirements, mainly in the form of building energy codes. Thus far, energy codes and BPS policies have been considered separately by stakeholders —energy codes apply to new construction (but come into play during specific events such as major retrofits and equipment updates) whereas BPS laws apply to existing buildings. However, all new construction becomes "existing" once the certificate of occupancy is issued subjecting them to BPS requirements, so owners and architects of new buildings should design them with future building performance standards in mind. ****An assumption may be made that because a building is "new construction", it will be ready to meet an impending BPS target, but that may not be the case, especially depending on what energy code is in place. Most jurisdictions have not adopted the most recent model energy code (the 2021 IECC or ASHRAE 90.1-2019), which would put buildings in the best position to achieve BPS targets, and many jurisdictions do not update the code every cycle. Further, given the length of the design and construction process, a building coming online may not be built to the code version currently in effect.

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