Or. Admin. R. 330-130-0040 - Procedures for Class 1 Buildings

(1) The SEED process follows typical design process steps as the organizing principle. If the project does not fit the suggested steps, an alternative plan may be developed between the department and the agency.
(2) Meetings in this section of these rules may be eliminated or combined with other meetings as deemed appropriate by the department.
(3) Pre-Design or Programming Phase. The purpose of the SEED process is to ensure that energy efficiency is an integral part of the building design.
(a) Initial Meeting. Early in the pre-design or programming phase, the agency and the department shall meet to:
(A) Discuss the scope of the project;
(B) Define the role of the department including, but not limited to, the level of involvement, decision authority on behalf of the owner, and relationship with contractors. The department shall be notified of all meetings where significant review of or final decisions about energy systems are anticipated.
(C) Develop the RFP and contract. The RFP and the contract's statement of work must include a reference to building a "highly energy efficient facility" as defined in these rules and to the SEED process. The department may develop language for the agency to use for including energy efficient design in the request for proposals and the contract for architectural and engineering services. Upon request, the department will review or comment on the RFP, contract or energy qualifications of proposals as an expanded service under section (9).
(D) The agency must hire an energy analyst as described in OAR 330-130-0090(2)(a).
(b) Schematic Design Phase:
(A) Energy Planning Session. Early in the Schematic Design Phase, the agency, design team, department and energy analyst shall meet to further define the items in the list below:
(i) Project design;
(ii) Construction schedule;
(iii) Energy goals of the project
(iv) Design criteria;
(v) Integrated energy design approach;
(vi) Energy systems performance verification plan; and
(vii) Modeling approach.
(B) Preliminary Investigation. Working with the agency and the design team, the energy analyst must prepare a comprehensive list of ECMs to capture significant opportunities for building energy savings. Two weeks before the scoping process (under section (2)(c)), the agency must deliver to the department the following items:
(i) Description of the baseline building and its energy-using systems;
(ii) List of proposed ECMs;
(iii) Approach and tools for modeling;
(iv) Initial building plans;
(v) Design intent;
(vi) Description of operating criteria; and
(vii) Results of preliminary modeling effort, if any.
(c) Scoping Process. The department, the agency, the design team, and the energy analyst shall select the ECMs for analysis. If needed, further refinement of the modeling effort may be discussed and decided upon.
(4) Design Development Phase:
(a) Baseline and individual ECM analysis. The energy analyst shall use the building model for baseline building analysis and individual ECM analysis. The energy analyst may use fully documented manual calculations for simple, non-interactive ECMs and may eliminate potential ECMs with preliminary estimates of costs and savings if the simple payback is greater than the equipment life.
(b) Metering Plan. The agency, in consultation with the energy analyst, the design team and the department, must specify what types of utility meters are to be installed and what system is to be used to monitor the building's energy use. Where practical, sub-metering shall be provided on major energy-using equipment or systems. This Metering Plan must be incorporated in the energy systems performance verification plan.
(c) Interim Submittal and Review. Two weeks before the ECM Review Meeting, the agency must submit to the department the preliminary energy analysis report. The department will review the preliminary energy analysis report and provide its written or verbal comments and recommendations to the agency prior to the ECM review meeting. The following items must be submitted as part of the preliminary energy analysis report:
(A) Narrative describing the baseline building and the proposed ECMs;
(B) Tables showing energy use for the baseline building and the building with proposed ECMs;
(C) Baseline building model input and output;
(D) List of eliminated ECMs and calculations;
(E) Analysis results for individual ECMs; and
(F) Metering plan.
(d) ECM Review Meeting. The department, the agency, the design team, and the energy analyst shall meet to review and agree on the results in the preliminary energy analysis report.
(5) Construction Documents Phase:
(a) Implementation of Cost-Effective Measures. The agency must incorporate the Optimum ECM Package into the final building design.
(b) Submittal of Construction Documents. The agency shall provide the department with construction documents in sufficient detail to verify that the Optimum ECM Package will be included in the final construction documents and specifications no later than at 90 percent design completion. This submittal must also include the preliminary energy systems performance verification plan.
(c) The department shall review this submittal and forward its written findings and recommendations to the agency within 10 working days after receiving the documents, if practicable.
(6) Construction Phase:
(a) Contractor Submittals and Substitutions. The design firm shall ensure that contractor equipment submittals, requests for substitutions and change orders adhere to the ECM design intent. The design firm must send any substitutions or submittals that differ from the ECM design intent to the department for review.
(b) Final Report Submittal. The agency shall deliver the final energy analysis report containing the Optimum ECM Package and projected energy use to the department for review.
(c) Delivery of the department findings. The department shall review the report and forward its written findings and recommendations to the agency within 10 working days after receiving the report, if practicable.
(d) Site Inspections. To verify that ECMs are installed correctly and operating efficiently, the department or its representative may make walk-through site inspections during the installation of ECMs.
(e) Performance verification. The energy systems performance verification plan must be carried out and a copy of the commissioning report (if applicable) must be submitted to the department.
(f) Training. Training must be provided for building operators and a training plan must be incorporated into the performance verification plan. The training should parallel the operations manual prepared for the owner. It is highly recommended that instruction on the design intent and operation of the building as a system also be offered to the owners and occupants of the new facility.
(7) Occupancy Phase:
(a) Monitoring. Actual building operation will be compared with assumptions made in the final design phase energy analysis. If significant differences in schedules, equipment, operation, etc. exist, a calibrated energy model must be submitted at the discretion of the department (i.e., if actual energy use is more than five percent of predicted energy use). During the first 18 months into occupancy, energy use by the building systems must be monitored and compared with the modeling results. If significant differences between the actual energy use and the model predictions result, the agency must investigate to find the cause, so that:
(A) An adjustment can be made to the operation of the building; or
(B) An explanation for the difference can be found that is acceptable to the agency and the department. The agency must send its findings to the department.
(b) Buildings not meeting energy use goals. If, after monitoring the building for 18 months, the building's performance does not meet the projected energy use because of reasons reported under (7)(a), the agency shall submit an energy conservation plan to the department within 90 days after reporting the above target energy use. This plan will outline the modifications to be made until monitoring shows that the building meets the projected energy use, or all reasonable attempts to reduce the energy use have been made. A report of these remedial actions must be submitted to the department.
(c) SEED Award. The department shall give the SEED Award to the agency if the building complies with these SEED rules, is a "highly energy efficient facility," and meets the criteria for the SEED award as determined in the SEED Program Guidelines.
(8) Waiver. The director of the department may waive part of these rules when an agency cannot comply due to extenuating circumstances such as for health or safety reasons, or the building has been designated a historic site.
(9) Expanded Services. Expanded services are services provided by the department that are outside the scope of OAR 330-130-0010 through OAR 330-130-0100. Such services may include, but are not limited to:
(a) Acting as the owner's agent on energy issues;
(b) Modeling during various phases of the design process and when the building is occupied;
(c) Building commissioning; and
(d) Providing resource conservation management assistance and training as needed or requested by the agency.


Or. Admin. R. 330-130-0040
DOE 1-1990, f. & cert. ef. 4-2-90; DOE 1-1998, f. & cert. ef. 3-26-98; DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01; DOE 1-2003, f. & cert. ef. 1-10-03; DOE 5-2011, f. & cert. ef. 6-27-11; DOE 6-2017, f. & cert. ef. 8/15/2017

Stat. Auth.: ORS 276.900 - 276.915

Stats. Implemented: ORS 469

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