Given the numerous violations of the International Code Council’s (ICC's) process and procedures in the development of the 2024 International Energy Conservation Code (IECC), this February 21-23, APGA participated in appeals hearings to contest a number of proposed new provisions. Specifically, APGA staff had the opportunity to present on how these violations would result in significant negative impacts to consumers and public utilities. These issues served as the basis of the appeal APGA filed on January 2 as part of the IECC appeals process. Other appellants also presented information in support of all the appeals submitted, including APGA’s. Additionally, the hearings included time for stakeholders to testify in support of or in opposition to the appeals and for ICC staff to respond to the appeals.
Specifically, APGA’s appeal raised concerns that numerous proposed provisions for the code are outside the scope and intent of the IECC. Further, the appeal stated that the ICC developed the proposed provisions in violation of due process and ICC procedures. Such provisions include electric/electric vehicle (EV)/solar-ready provisions and all electric appendices. Some of the proposed provisions, such as the all-electric appendices, are also susceptible to federal preemption. APGA presented these arguments in the presentation portion of the appeals process on February 21 and 22. Four other appellants, Air Conditioning, Heating, and Refrigeration Institute (AHRI), American Gas Association (AGA), Building Owners and Managers Association (BOMA)/National Multifamily Housing Council (NMHC), and ICC Region VI, submitted appeals and presented similar concerns to the ICC Board.
The next step will be for the Appeals Board to render a recommendation to the ICC CEO. Then, the ICC CEO submits the Appeals Board report and recommendations to the ICC Board of Directors. The Board of Directors will then review the appeals and provide a decision to the ICC CEO. Lastly, the ICC CEO will notify the appellants and parties of the Board decision.
APGA continues to support the transparent development of building codes and standards, such as the IECC, through consensus-based processes that follow due process and allow for fair competition. APGA urges the ICC to remove the specified provisions raised in our appeal, which violated such processes.
APGA will inform members of the decision reached by the ICC when available. For questions on this article, please contact Sydney Novoa of APGA by phone at 202-464-0834 or email at snovoa@apga.org.