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Building, Zoning and Fire Code Issues
The Issue
In the United States, the sole authority to enact and enforce building codes is vested in a state's legislature by the 10th amendment to the U.S. Constitution. Although the adoption of distributed generation technology is increasing; the regulatory infrastructure needed to support the installation of these technologies within or alongside buildings is not yet in place in many states. Because power generation has typically been regulated in the United States from within the utility industry, there are few provisions in existing standards, codes, and building construction regulations that address either traditional or emerging distributed generation technologies. This limitation is compounded by a lack of familiarization on the part of the local code enforcement official. Unfortunately, this uncertainty can create significant additional cost for a developer through cumbersome site-specific testing, evaluations and approvals in order to obtain the blessing of the code enforcement officer.
Building design and construction are typically addressed at the state and local level, rather than at the federal level, with the exception of federal buildings and facilities. Code development and enforcement is a patchwork of state and local regulations. Some common approaches used by state governments in adopting standards and codes include legislation, state agency regulations, utility tariffs, and insurance requirements. Where not preempted by state-level authority, local governments (counties and cities) usually adopt their own building construction regulations. A detailed analysis of code issues for each state is beyond the scope of this database. However, each state page provides information on obtaining the state's regulations. In many cases, one needs to purchase a copy of the code in order to view the specific regulations.
In the United States, building construction regulations have historically exempted "installations under the exclusive control electric utilities for the purpose of generation of electric energy located in buildings used exclusively by utilities for such purposes or located outdoors on property owned or leased by the utility or on public highways, streets, roads, and elsewhere." As a result, there are very few existing regulations that pertain to power generation technologies and installations, and most code officials have not been heavily involved with the design, construction, installation or operation of power plants--particularly generators installed in, on, or alongside commercial buildings.
The five issues most likely to affect a proposed DG project are listed below:
Zoning:
Local zoning may limit or prohibit DG project development. Zoning regulations are locally implemented and
enforced by an elected or appointed board, however they are typically based on national standards. It is
at the local level that a DG developer faces the most uncertainty. Zoning rules can run the gamut of
regulating noise to visual impact. Often zoning boards create blanket prohibitions on electricity
generation, limits on operation of backup generators, and height restrictions on towers needed for
wind generators. These prohibitions put the onerous on a developer to obtain an exception to these
regulations, increasing the cost and time needed for approval. Many developers may find that this
uncertainty results in the potential benefits of a project not exceeding the significant hurdles
of project approval.
Building Code/Structural Design:
A DG developer may lessen the headache of meeting building code standards by locating a DG unit outside.
However, in many cases this is not feasible from a practicality standpoint. The proposed unit must
structurally support the power source. If installed within a building the whole building may need
to be reclassified for occupancy. Lastly, the exit egress of the building may not be blocked by
the location of the DG unit within the building. (See below for further discussion of Building Code/Structural Design Code)
Mechanical/Plumbing Code:
Many localities will not allow a gas-fired unit to be installed unless it is listed as a gas appliance by
an approved agency such as CGA or AGA. Subsequently, exemption must be sought through the use of a
Registered Professional Engineer who will submit a report declaring the installation meets all applicable
standards and is in safe operating condition. Additionally, codes will regulate the use of gas meters,
piping and emergency shutoff valves. (See below for further discussion of Mechanical/Plumbing Code)
Fire Code:
Obviously, fire prevention and accessibility to equipment by fire officials in case of an emergency is
seriously restricted by code rules. The type of fuel (natural gas, CNG, propane, etc.) used in the DG
application must be determined so that an analysis of the fuels flammability and combustibility can be
performed. The fire department will need to know where a unit is located and how to disconnect the unit
in case of a fire. Installation of a DG unit within a building may necessitate the installation of a fire
suppression system.
Electrical Code:
There are a number of electrical issues that must be addressed in the installation of a DG unit. The
biggest decision that a developer must make is the determination of the point of connection. Connection
on the line side creates the least amount of headaches. If a developer wishes to connect on the load
system issues such as: ampacity of the service equipment, ground fault protection and bonding the neutral
of the DG. Additional issues arise if a developer wishes to interconnect with the incumbent utility
provider.
Development of Codes
The
International Code Council (ICC) was established in 1994 as a nonprofit organization dedicated to
developing a single set of comprehensive and coordinated national model construction codes. The founders
of the ICC are Building Officials and Code Administrators International, Inc. (BOCA), International
Conference of Building Officials (ICBO), and Southern Building Code Congress International, Inc. (SBCCI).
Since the early part of the last century, these nonprofit organizations developed the three separate sets
of model codes used throughout the United States. Although regional code development has been effective
and responsive to our country’s needs, the time came for a single set of codes. The nation’s three model
code groups responded by creating the International Code Council and by developing codes without regional
limitations the International Codes.
Model Codes:
Model codes address the design, construction, and use of buildings and their service systems. They are designed as a
short cut for local, state and federal officials to adopt instead os spending the time and resources to create
new ones. In the codes, established standards may be adopted by reference or all or part of them may be directly
included in or modifieded for a locality's indvidual needs.
International Code Council:
| Code |
Summary |
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International Building Code |
* Structural and fire- and life-safety provisions covering seismic, wind, accessibility, egress, occupancy, roofs, and more. |
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International Mechanical Code |
* Establishes minimum regulations for mechanical systems using prescriptive and performance-related provisions.
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International Fuel Code |
* Addresses the design and installation of fuel gas systems and gas-fired appliances through requirements that emphasize performance.
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International Fire Code |
* Topics addressed include fire department access, fire hydrants, automatic sprinkler
systems, fire alarm systems, hazardous materials storage and use, and fire-safety requirements for new and existing buildings and premises. |
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International Electric Code |
* Applies to the installation of electrical systems. |
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International Gas Codes |
* Topics addressed include fire department access, fire hydrants, automatic sprinkler
systems, fire alarm systems, hazardous materials storage and use, and fire-safety requirements for new and existing buildings and premises. |
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International Plumbing Codes |
* The code provides comprehensive minimum regulations for plumbing facilities in terms of both performance and
prescriptive objectives providing for the acceptance of new and innovative products, materials, and systems. |
National Fire Protection Association:
The mission of the National Fire Protection Association (NFPA)
is "to reduce the worldwide burden of fire and other hazards on the quality of life by providing and
advocating scientifically-based consensus codes and standards, research, training, and education."
NFPA develops, publishes, and disseminates more than 300 consensus codes and standards intended to
minimize the possibility and effects of fire and other risks. Virtually every building, process, service,
design, and installation in society today is affected by NFPA documents. Below are some of the codes applicable to distributed generation.
Further information for each code can be found by clicking on the code.
| Code |
Summary |
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NFPA 850 Electric Generating Plants |
* Provides recommendations for fire prevention and fire protection
for electric generating plants. |
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NFPA 37 Standards for the Installation and Use of Stationary Combustion Engines and Gas Turbines |
* Covers the installation and operation of stationary combustion engines
and gas turbines. Also covers portable engines which remain connected
for use in the same location for a period of one week or more and which
are used instead of or to supplement stationary engines. |
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NFPA 54 National Fuel Gas Code |
* Applies to the installation of fuel gas piping systems, fuel gas
utilization equipment, and related accessories. |
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NFPA 70 National Electric Code |
* Covers electric conductors and equipment installed within or on
public and private buildings or other structures, including mobile
homes and recreational vehicles, floating buildings; and other
premises such as yards, carnivals, parking and other lots and
industrial substations; conductors that connect the installations
to a supply of electricity; and other outside conductors and
equipment on the premises; optical fiber cable; buildings used by
the electric utility, such as office buildings, warehouse, garages,
machine shops, and recreational buildings that are not an integral
part of a generating plant, substation, or control center. |
Certification of Technology
Independent third party testing and certification that distributed generation technologies meet adopted
standards are integral parts of any implementation and enforcement process. Because code officials lack
the resources or facilitates to conduct their own tests, they rely on approved third parties to perform
independent assessments of new technology. The use of certified distributed generation technology can help
to reduce the cost and time needed to implement a DG system.
Underwriters Laboratory maintains an online distributed generation technology
certification database. The database contains information on product testing, certification and regulatory
issues for photovoltaics, wind turbines, hydrogen technology, microturbines and engine generators.
Click here for the
Underwriters Laboratory DG Certification Database
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