Realtors' worries put off Little Rock vote

Energy-efficiency standards at issue

A Little Rock proposal to seal a gap in the state's building rules for energy efficiency has been delayed -- for the third time -- over Realtors' concerns.

City staff members' recommendation that city directors allow them to enforce existing rules comes nearly three years after Arkansas adopted, with changes, the 2009 edition of international energy-efficiency standards. One of the changes relaxed how inspectors check whether new homes and their air systems are poorly sealed.

Little Rock would replace required visual inspections with two now-optional tests that measure whether homes are snug. For years, Fayetteville has been the only city to require the tests in Arkansas, where residential energy-efficiency rules are among the nation's most lax.

Results of a study released Thursday show that some homes across Arkansas that were tested under the methods Little Rock proposed didn't comply with the rules.

Little Rock has postponed a vote on the measure until July 5, the third deferral since mid-May. City Manager Bruce Moore said the latest delay will give officials time to hear concerns from the Little Rock Realtors Association.

The Realtors Association's board of directors will decide Monday whether to formally oppose, support or take no stance on the city's draft ordinance, said Stuart Mackey, the group's legislative affairs chairman. Generally, the trade association is concerned that the rule would require more money and time of home buyers, Mackey said.

"We want to make sure we're not limiting what people can do with their property, but, more importantly, we don't want to limit people's ability to buy property," Mackey said. "We see this as one additional hurdle here in Little Rock that is not in place in North Little Rock, Conway or Benton or Bryant, where we've seen people moving."

Although months in the making, Little Rock's struggle with home efficiency is playing out after President Donald Trump separated the U.S. from a pact regarding an effort to mitigate the rise of the global temperature, a decision Mayor Mark Stodola rebuked while saying the Mayor's Sustainability Commission would work locally to "continue to take action."

Stodola declined to endorse Little Rock's energy-efficiency proposal, which originated with the commission.

"Conceptually, I like the idea," Stodola said, adding that he wanted to first hear out the Realtors group. "I have an open mind right now. I want to understand what their position is on it. I think, in all fairness, we have to have everybody under the tent and try to move forward."

One of the proposed tests would measure the tightness of ductwork, or the pathways from heating and air units to vents. The second, called a blower door test, gauges how much heat and air escapes the home.

The assessments determine the home's energy rating and yield a sticker from the city to be posted on the front of the home showing projected power savings over a five-year period.

Arkansas stripped the tests from its rules based on a recommendation from a stakeholders committee convened by the state energy office, said Tim Scott, the office's outreach and training manager. The committee reviewed the state's plans to adopt the 2009 edition of the International Energy Conservation Code as part of the 2014 Arkansas Energy Code.

Scott said the office does not oppose cities like Fayetteville or Little Rock that go beyond what state law requires.

"We want homes for Arkansans to get as efficient as possible," Scott said. "We don't want homes to be leaky."

The international energy efficiency code is updated every three years, meaning Arkansas is two versions behind, and the 2018 edition is nearing its publication.

Of 41 states with statewide residential building rules, Arkansas is one of 15 that are at or behind the 2009 version, according to the U.S. Department of Energy. Neighboring states are a mixed batch: Missouri and Mississippi do not have statewide codes; Tennessee doesn't meet the 2009 standards; Oklahoma and Texas exceed them; and Louisiana is on par with Arkansas.

Advanced Energy, a North Carolina nonprofit consulting firm, conducted the door test on 64 homes, and 12 failed, according a report the consultants gave Thursday to the Arkansas Energy Office. The company ran the ductwork test on 63 homes and 19 failed.

If approved, the new Little Rock rule would be fully effective Jan. 1, though testing would be mandatory beginning in September this year. Homes that fail the test in the meantime still would qualify for the city's stamp of approval, according to the proposed law.

Licensed third-party groups would conduct the tests and share the results with the city, which can withhold permission for people to live in unfit homes until builders bring them into compliance.

Tony Dillon, president of the Home Builders Association of Greater Little Rock, called for a committee composed of Realtors, builders, heating-and-air conditioning contractors and others to discuss the issue with city staff members before city directors vote on the measure.

"This is real touchy with a lot of people," Dillon said.

The estimated impact to construction costs ranges from $800 to $2,000, mostly depending on the size of the house, according to city officials and Dillon, with the homebuilder saying the change would most affect lower-income buyers who have less wiggle room in their budgets.

Fayetteville in 2012 studied how the 2009 code would affect pocketbooks, according to figures provided by Moore.

Based on a new 1,824-square-foot home, Fayetteville found an estimated cost savings of $344 per year for an electric home and $267 for one powered by gas. The cost increase associated with meeting the efficiency standards amounted to $132 per year over the life of a 30-year loan.

Nearly five years after Fayetteville began requiring the tests in a "pretty contentious" decision, the city's chief building official, Matthew Cabe, said he rarely hears any complaints.

"I think the big fear early on was the unknown and what it was going to cost, what other regulatory hurdles [it would create], how much more paperwork and how many more site visits," Cabe said. "There was great trepidation. Everybody now knows the drill."

Although the tests would be newly required in Little Rock, the rules they enforce are not, said Chuck Givens, Little Rock's building codes manager. He said he believes homebuilders are already meeting the required standards.

"They're putting the material in the houses to meet code," Givens said. "All they would be required is to be doing the testing of the house."

Dillon said he supports building homes that are easier to warm and cool but wants more clarity as to how Little Rock would enforce the change.

He also said he's concerned about the responsibility to comply falling to the builders rather than heating-and-air contractors, even while acknowledging that the current method to verify compliance is lacking.

"A visual inspection is not really going to tell you if it's passed or not," Dillon said. "You can look at it and say, 'I think it's passed.'"

Inspections are naturally less precise than tests, in part because the tests factor in segments of the system that can't be easily accessed, Cabe said.

"If all builders [and contractors] were perfect at putting their stuff together and never got distractions on the job site and never got phone calls or never figured out how to save a few bucks, you probably wouldn't have to worry about it," Cabe said.

Metro on 06/18/2017

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