Md. Code Regs. 09.12.51.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.51.04 - Incorporation by Reference

A. In this chapter, the following documents are incorporated by reference:

(1) 2021 International Building Code (International Code Council);

(2) 2021 International Residential Code for One- and Two-Family Dwellings (International Code Council); and

(3) 2021 International Energy Conservation Code (International Code Council).

B. Modifications to the International Building Code.

(1) Chapter 1. Add note to Chapter 1 of the IBC: Local jurisdictions are responsible for the implementation and enforcement of the Maryland Building Performance Standards. Refer to each local jurisdiction for local amendments to Chapter 1 of the IBC. Each local jurisdiction having authority shall establish, on or before the application date in Regulation .06 of this chapter, implementation and enforcement procedures that include:

(a) Review and acceptance of appropriate plans;

(b) Issuance of building permits;

(c) Inspection of the work authorized by the building permits; and

(d) Issuance of use and occupancy certificates.

(2) Chapter 1. Add to Exception in Section 101.2 Scope the following:

(a) Exception: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall comply with the Maryland Building Rehabilitation Code set forth in COMAR 09.12.58; and

(b) Exception: 3. Maintenance of residential structures and premises shall comply with the Minimum Livability Code COMAR 09.12.54.

(3) Chapter 1. Delete the Section 101.2.1 Appendices and replace with the following:

101.2.1 Appendices: The provisions in the Appendices C Group-U Agricultural Buildings, G Flood-Resistant Construction, and H Signs are adopted as part of the IBC.

(4) Chapter 9. Add note to Section 901.1 Scope Fire protection system requirements of Chapter 9 may be concurrently covered in the State Fire Prevention Code, Public Safety Article Title 6 and Title 9, Annotated Code of Maryland, and COMAR 29.06.01. The State Fire Prevention Code is enforced by the State Fire Marshal or authorized fire official.

(5) Chapter 10. Add note to Section 1001.1 General: Means of egress requirements of Chapter 10 may be concurrently covered in the State Fire Prevention Code, Public Safety Article, Title 6, Annotated Code of Maryland, and COMAR 29.06.01. The State Fire Prevention Code is enforced by the State Fire Marshal or authorized fire official.

(6) Chapter 11. Chapter 11 of the IBC related to accessibility requirements is hereby replaced with the Maryland Accessibility Code set forth in COMAR 09.12.53. A local jurisdiction may adopt and enforce the requirements of Chapter 11 of the IBC to the extent the requirements meet or exceed the requirements set forth in COMAR 09.12.53.

(7) Chapter 24. The requirements for safety glazing set forth in Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland, are in addition to Chapter 24, Section 2406 of the IBC related to safety glazing. In the event of a conflict between Chapter 24 of the IBC and the Annotated Code of Maryland, the requirements of the Annotated Code of Maryland prevail.

(8) Chapter 27. ELECTRICAL. Add note to Section 2701.1 Scope: The subject matter of this chapter is not within the scope of the Maryland Building Performance Standards. For the applicable electrical requirements, refer to the local electrical code and the National Electrical Code as adopted and enforced by the State Fire Marshal, authorized fire officials, or building officials pursuant to the provisions of Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland.

(9) Chapter 28. MECHANICAL SYSTEMS. Add note to Section 2801.1 Scope: The subject matter of this chapter is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning the mechanical systems, refer to the local mechanical code and the mechanical code adopted pursuant to the provision of Business Regulation Article, §9A-205, Annotated Code of Maryland.

(10) Chapter 29. PLUMBING SYSTEMS. Add note to Section 2901.1 Scope: The subject matter of this chapter is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning the plumbing systems, refer to the local plumbing code and the plumbing code adopted pursuant to the provisions of Business Occupations and Professions Article, Title 12, Annotated Code of Maryland.

(11) Chapter 30. The provisions of Chapter 30 of the IBC relate to elevators and conveying systems and are in addition to and not instead of the requirements set forth in Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland. In the event of a conflict between the IBC and the Annotated Code of Maryland, the provisions of the Annotated Code of Maryland prevail.

(12) Any rehabilitation work undertaken in an existing building as defined in COMAR 9.12.58 shall comply with the requirements of Maryland Building Rehabilitation Code set forth in COMAR 09.12.58.

(13) Modify Section 308.5.1 Classification as Group E. At the end of Section 308.5.1, add "Exception: A childcare facility may be classified as I-4 when the facility is classified as a day care occupancy under the State Fire Prevention Code."

(14) Modify Section 406.2.7 Electric vehicle charging stations and systems. Delete "Accessibility to electric vehicle charging stations shall be provided in accordance with Section 1107."

(15) Modify Section 411.5 Puzzle room exiting. Delete item 3 and replace with "3. All exits and exit access doors from each puzzle room shall be open and readily available upon activation by the automatic fire alarm system, automatic sprinkler system, a manual control at a constantly attended location and shall have a readily accessible control located inside each puzzle room."

(16) Modify Section 510.2 Horizontal building separation allowance with the following:

(a) Delete condition 4; and

(b) Condition 7. Replace "grade plane" with "lowest level of fire department vehicle access".

(17) Modify Section 907.2.1.1 System initiation in Group A occupancies with an occupant load of 1,000 or more with the following:

(a) Replace section title with "System initiation in Group A occupancies with an occupant load of 300 or more; and

(b) Replace "1,000" with "300".

(18) Modify Section 1004.8 Concentrated business use areas. Add "nail salons," after "call centers," and before "trading floors,".

C. Modifications to the International Residential Code for One- and Two-Family Dwellings:

(1) Chapter 1. Scope and Administration:

(a) Delete the Section 102.5 Appendices and replace with the following:

102.5 Appendices: The provisions in the Appendices AF Radon Control Methods and AQ Tiny Houses are adopted as part of the IRC;

(b) Add to Exception in Section 101.2 Scope the following:

(i) Exception: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy that comply complies with the Maryland Building Rehabilitation Code set forth in COMAR 09.12.58; and

(ii) Exception: 3. Maintenance of residential structures and premises shall comply with the Minimum Livability Code COMAR 09.12.54.

(2) ENERGY. Chapter 11. ENERGY EFFICIENCY.

(a) Modify Section N1101.13.15 Additional energy efficiency, add "4. For buildings complying with Section N1102.1.3.1, the structure shall also comply with the additional energy features in Section N1108.3."

(b) Modify Section N1102.1.1 Above code programs. Add to the end of Section N1102.1.1, "Compliance with the Silver Rating of the ICC/ASHRAE 700-2015 National Green Building Standard as codified in §12-509(a) of the Annotated Code of Maryland shall be considered to be in compliance with this code."

(c) Modify Section N1102.1.3:

(i) Add new "N1101.1.3.1M aryland Alternative R-value. Assemblies with R-value of insulation materials equal to or greater than that specified in Table N1102.1.3.1 shall be an alternative to the U-factor in Table N1102.1 when combined with Section N1108.3. The provisions of Section N1108.2.1 shall be applied to the base model house to establish the reference base design establishing energy efficiency."; and

(ii) Add the following table:

Table N1102.1.3.1 (R402(R402.1.3.1)
MD Alternative Insulation Minimum R-Values and Fenestration Requirements by Componenta
Climate Zone	Fenestration U-Factor b, i	Skylightb U-Factor	Glazed Fenestration SHGCb, e	Ceiling R-Value	Wood Frame Wall R-Valueg	Mass Wall R-Valueh	Floor R-Value	Basementc, g Wall R-Value	Slabd R-Value & Depth	Crawl Spacec, g Wall R-Value
4 except Marine	0.30	0.55	0.40	49	20 or 13+5h	8/13	19	10ci or 13	10ci, 4ft	10ci or 13
5	0.30i	0.55	0.40	49	20 or 13+5h	13/17	30	15ci or 19 or 13 + 5ci	10ci, 4ft	15ci or 19 Or 13 + 5ci
For SI: 1 foot = 304.8 mm.
ci = continuous insulation.
a. R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity that is less than the label or design thickness of the insulation, the installed R-value of the insulation shall be not less than the R-value specified in the table.
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestrations. Exception: In Climate Zones 0 through 3, skylights shall be permitted to be excluded from glazed fenestration SHGC requirements provided that the SHGC for such skylights does not exceed 0.30.
c. "10ci or 13" means R-10 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. "15ci or 19 or 13 & 5ci" means R-15 continuous insulation (ci) on the interior or exterior surface of the wall; or R-19 cavity insulation on the interior side of the wall; or R-13 cavity insulation on the interior of the wall in addition to R-5 continuous insulation on the interior or exterior surface of the wall.
d. R-5 insulation shall be provided under the full slab area of a heated slab in addition to the required slab edge insulation R-value for slabs. as indicated in the table. The slab-edge insulation for heated slabs shall not be required to extend below the slab.
e. There are no SHGC requirements in the Marine Zone.
f. Basement wall insulation is not required in Warm Humid locations as defined by Figure R301.1 and Table R301.1.
g. The first value is cavity insulation; the second value is continuous insulation. Therefore, as an example, "13 & 5" means R-13 cavity insulation plus R-5 continuous insulation.
h. Mass walls shall be in accordance with Section R402.2.5. The second R-value applies where more than half of the insulation is on the interior of the mass wall.
i. A maximum U-factor of 0.32 shall apply in Climate Zones 3 through 8 to vertical fenestration products installed in buildings located either:
1. Above 4,000 feet in elevation, or
2. In windborne debris regions where protection of openings is required by Section R301.2.1.2 of the International Residential Code.

(d) Modify Section N1102.2.1 Ceilings with attic spaces with the following:

(i) Add "or Section N1102.1.3.1" after "N1102.1.3" and before "requires R-49 insulation"; and

(ii) Add "or Section N1102.1.3.1" after "N1102.1.3" and before "requires R-60 insulation".

(e) Modify Section N1102.2.2 Ceilings without attics with the following:

(i) Add "or Section N1102.1.3.1" after "N1102.1.3" and before "requires insulation R-values greater than R-30"; and

(ii) Add "or N1102.1.3.1" after "N1102.1.3" and before "shall be limited to".

(f) Modify Section N1108 Additional Efficiency Package Options:

(i) Add new Section "N1108.3 Maryland Alternative Additional Energy Efficiency Package Options. The provisions of this Section shall be applied as part of the prescriptive compliance path of Section N1102.1.3.1.A dditional energy efficiencies from Table N1108.3 must be selected to meet or exceed a minimum percentage increase of 6% for climate Zone 4 and 6% for Climate Zone 5."; and

(ii) Add the following table:

Table N1108.3 (R408.3) Additional Energy Features1
Energy Feature	Percentage Increase for Climate Zone 4	Percentage Increase for Climate Zone 5
1	>= 2.5% reduction in total UA5	1%	1%
2	>= 5% reduction in total UA5	2%	3%
3	> 7.5% reduction in total UA5	2%	3%
4	0.22 U-factor windows5	3%	4%
5	High performance cooling system (Greater than or equal to 18 SEER and 14 EER air conditioner)2	3%	2%
6	High performance cooling system (Greater than or equal to 16 SEER and 12 EER air conditioner)2	3%	3%
7	High performance gas furnace (Greater than or equal to 96 AFUE natural gas furnace)2	5%	7%
8	High performance gas furnace (Greater than or equal to 92 AFUE natural gas furnace)2	4%	5%
9	High performance heat pump system (Greater than or equal to 10 HSPF/18 SEER air source heat pump.)2	6%	6%
10	High performance heat pump system (Greater than or equal to 9 HSPF/16 SEER air source heat pump.)2	5%	5%
11	Ground source heat pump (Greater than or equal to 3.5 COP ground source heat pump.)2	6%	8%
12	Fossil fuel service water heating system (Greater than or equal to 82 EF fossil fuel service water-heating system.)	3%	2%
13	High performance heat pump water heating system option (Greater than or equal to 2.9 UEF electric service waterheating system.)	8%	6%
14	High performance heat pump water heating system. (Greater than or equal to 3.2 UEF electric service water-heating system.)	8%	6%
15	Solar hot water heating system (Greater than or equal to 0.4 solar fraction solar water-heating system.)	6%	6%
16	More efficient HVAC distribution system. (100 percent of ductless thermal distribution system or hydronic thermal distribution system located completely inside the building thermal envelope.)	10%	12%
17	100% of ducts in conditioned space. (100 percent of duct thermal distribution system located in conditioned space as defined by Section R403.3.2.)	12%	15%
18	Reduced total duct leakage. (When ducts are located outside conditioned space, the total leakage of the ducts, measured in accordance with R403.3.5, shall be in accordance with one of the following: a. Where air handler is installed at the time of testing, 2.0 cubic feet per minute per 100 square feet of conditioned floor area. b. Where air handler is not installed at the time of testing, 1.75 cubic feet per minute per 100 square feet of conditioned floor area.)	1%	1%
19	2 ACH50 air leakage rate with ERV or HRV installed. (Less than or equal to 2.0 ACH50, with either an Energy Recovery Ventilator (ERV) or Heat Recovery Ventilator (HRV) installed.)3	10%	13%
20	2 ACH50 air leakage rate with balanced ventilation. (Less than or equal to 2.0 ACH50, with balanced ventilation as defined in Section 202 of the 2021 International Mechanical Code.)4	4%	5%
21	1.5 ACH50 air leakage rate with ERV or HRV installed. (Less than or equal to 1.5 ACH50, with either an ERV or HRV installed.)4	12%	15%
22	1 ACH50 air leakage rate with ERV or HRV installed. (Less than equal to 1.0 ACH50, with either an ERV or HRV installed.) 4	14%	17%
23	Energy Efficient Appliances (Minimum 3 appliances not to exceed 1 form each type with follow efficiencies. Refrigerator - Energy Star Program Requirements, Product Specification for Consumer Refrigeration Products, Version 5.1 (08/05/2021), Dishwasher - Energy Star Program Requirements for Residential Dishwashers, Version 6.0 (01/29/2016), Clothes Dryer - Energy Star Program Requirements, Product Specification for Clothes Dryers, Version 1.1 (05/05/2017) and Clothes Washer - Energy Star Program Requirements, Product Specification for Clothes Washers, Version 8.1 (02/05/2018)	7%	5%
24	Renewable Energy Measure.4	11%	9%
1. Energy efficiency percentage increases as established by PNNL.
2. For multiple cooling systems, all systems shall meet or exceed the minimum efficiency requirements in this section and shall be sized to serve 100 percent of the cooling design load. For multiple heating systems, all systems shall meet or exceed the minimum efficiency requirements in this section and shall be sized to serve 100 percent of the heating design load. Increases to minimum efficiency requirements are limited to one selection.
3. Minimum HRV and ERV requirements, measured at the lowest tested net supply airflow, shall be greater than or equal to 75 percent Sensible Recovery Efficiency (SRE), less than or equal to 1.1 cubic feet per minute per watt (0.03 m3/min/watt) and shall not use recirculation as a defrost strategy. In addition, the ERV shall be greater than or equal to 50 percent Latent Recovery/ Moisture Transfer (LRMT).
4. Renewable energy resources shall be permanently installed that have the capacity to produce a minimum of 1.0 watt of on-site renewable energy per square foot of conditioned floor area. The installed capacity shall be in addition to any onsite renewable energy required by Section R404.4. To qualify for this option, one of the following forms of documentation shall be provided to the code official:
a. Substantiation that the RECs associated with the on-site renewable energy are owned by, or retired on behalf of, the homeowner.
b. A contract that conveys to the homeowner the RECs associated with the on-site renewable energy or conveys to the homeowner an equivalent quantity of RECs associated with other renewable energy.
c. Reduction in total UA from lines 1, 2 or 3 and higher performance windows from line 4 are limited to a single selection.

(3) MECHANICAL. Chapter 12. MECHANICAL ADMINISTRATION. Add note to Section M1201.1 Scope: The subject matter of chapters 12 through 24 is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning the mechanical systems, refer to the local mechanical code and the mechanical code adopted pursuant to the provisions of Business Regulation Article, §9A-205, Annotated Code of Maryland.

(4) PLUMBING. Chapter 25. PLUMBING ADMINISTRATION. Add note to Section P2501.1 Scope: The subject matter of chapters 25 through 33 is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning the plumbing systems, refer to the local plumbing code and the plumbing code adopted pursuant to the provisions of Business Occupations and Professions Article, Title 12, Annotated Code of Maryland.

(5) ELECTRICAL. Chapter 34. GENERAL REQUIREMENTS. Add note to Section E3401.1 Applicability: The subject matter of chapters 34 through 43 is not within the scope of the Maryland Building Performance Standards. For the applicable electrical requirements, refer to the local electrical code and the National Electrical Code as adopted and enforced by the State Fire Marshal, authorized fire officials, or building officials pursuant to the provisions of Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland.

(6) Modify Section P2904.1 by deleting "A backflow preventer shall not be required to separate a sprinkler system from the water distribution system, provided that the sprinkler system complies with all of the following:

(a) The system complies with NFPA 13D or Section P2904;

(b) The piping material complies with Section P2906;

(c) The system does not contain antifreeze; and

(d) The system does not have a fire department connection."

D. Modifications to the International Energy Conservation Code.

(1) Add a note to Section C101, Scope and General Requirements: Additional requirements concerning energy conservation for buildings and structures may be required by the Energy Conservation Building Standards, Public Utility Companies Article, §§7-401 -7-408, Annotated Code of Maryland, as amended.

(2) Add a note to Section C405.2.5 Specific Application Controls: For the new construction of hotels:

(a) Each hotel guest room shall be equipped with a master control device that automatically turns off the power to all of the lighting fixtures in the guest room no more than 30 minutes after the room has been vacated; and

(b) A master control device may also control the heating, ventilation, or air conditioning default settings in hotel guest rooms 30 minutes after a room has been vacated by:

(i) Increasing the set temperature by at least 3 degrees Fahrenheit when in the air conditioning mode; or

(ii) Decreasing the set temperature by at least 3 degrees Fahrenheit when in the heating mode.

(3) Modify Section R102.1.1 Above code programs. Add to the end of Section R102.1.1, "Compliance with the Silver Rating of the ICC/ASHRAE 700-2015 National Green Building Standard as codified in §12-509(a) of the Annotated Code of Maryland shall be considered to be in compliance with this code."

(4) Modify Section R401.2.5 Additional energy efficiency add "4. For buildings complying with Section R402.1.3.1, the structure shall also comply with the additional energy features in Section R408.3."

(5) Modify Section R402.1.3 R-Value Alternative with the following:

(a) Add new "R402.1.3.1M aryland Alternative R-value. Assemblies with R-value of insulation materials equal to or greater than that specified in Table R402.1.3.1 shall be an alternative to the U-factor in Table R402.1.2 when combined with Section R408.3. The provisions of Section R408.2.1 shall be applied to the base model house to establish the reference base design establishing energy efficiency."; and

(b) Add the following table:

Table R402.1.3.1
MD Alternative Insulation Minimum R-Values and Fenestration Requirements by Componenta
Climate Zone	Fenestration U-Factor b, i	Skylightb U-Factor	Glazed Fenestration SHGCb, e	Ceiling R-Value	Wood Frame Wall R-Valueg	Mass Wall R-Valueh	Floor R-Value	Basementc, g Wall R-Value	Slabd R-Value & Depth	Crawl Spacec, g Wall R-Value
4 except Marine	0.30	0.55	0.40	49	20 or 13+5h	8/13	19	10ci or 13	10ci, 4ft	10ci or 13
5	0.30i	0.55	0.40	49	20 or 13+5h	13/17	30	15ci or 19 or 13 + 5ci	10ci, 4ft	15ci or 19 Or 13 + 5ci
For SI: 1 foot = 304.8 mm.
ci = continuous insulation.
a. R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity that is less than the label or design thickness of the insulation, the installed R-value of the insulation shall be not less than the R-value specified in the table.
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestrations. Exception: In Climate Zones 0 through 3, skylights shall be permitted to be excluded from glazed fenestration SHGC requirements provided that the SHGC for such skylights does not exceed 0.30.
c. "10ci or 13" means R-10 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. "15ci or 19 or 13 & 5ci" means R-15 continuous insulation (ci) on the interior or exterior surface of the wall; or R-19 cavity insulation on the interior side of the wall; or R-13 cavity insulation on the interior of the wall in addition to R-5 continuous insulation on the interior or exterior surface of the wall.
d. R-5 insulation shall be provided under the full slab area of a heated slab in addition to the required slab edge insulation R-value for slabs. as indicated in the table. The slab-edge insulation for heated slabs shall not be required to extend below the slab.
e. There are no SHGC requirements in the Marine Zone.
f. Basement wall insulation is not required in Warm Humid locations as defined by Figure R301.1 and Table R301.1.
g. The first value is cavity insulation; the second value is continuous insulation. Therefore, as an example, "13 & 5" means R-13 cavity insulation plus R-5 continuous insulation.
h. Mass walls shall be in accordance with Section R402.2.5. The second R-value applies where more than half of the insulation is on the interior of the mass wall.
i. A maximum U-factor of 0.32 shall apply in Climate Zones 3 through 8 to vertical fenestration products installed in buildings located either:
1. Above 4,000 feet in elevation, or
2.In windborne debris regions where protection of openings is required by Section R301.2.1.2 of the International Residential Code.

(6) Modify Section R402.2.1 Ceilings with attic spaces with the following:

(a) Add "or Section R402.1.3.1" after "R402.1.3" and before "requires R-49 insulation"; and

(b) Add "or Section R402.1.3.1" after "R402.1.3" and before "requires R-60 insulation".

(7) Modify Section R402.2.2 Ceilings without attics with the following:

(a) Add "or Section R402.1.3.1" after "R402.1.3" and before "requires insulation R-values greater than R-30"; and

(b) Add "or R402.1.3.1" after "R402.1.3" and before "shall be limited to".

(8) Modify Section R408 Additional Efficiency Package Options:

(a) Add new Section "R408.3 Maryland Alternative Additional Energy Efficiency Package Options. The provisions of this Section shall be applied as part of the prescriptive compliance path of Section R402.1.3.1.A dditional energy efficiencies from Table R408.3 must be selected to meet or exceed a minimum percentage increase of 6% for climate Zone 4 and 6% for Climate Zone 5."; and

(b) Add the following table: Table R408.3 Additional Energy Features¹:

Energy Feature	Percentage Increase for Climate Zone 4	Percentage Increase for Climate Zone 5
1	>= 2.5% reduction in total UA5	1%	1%
2	>= 5% reduction in total UA5	2%	3%
3	> 7.5% reduction in total UA5	2%	3%
4	0.22 U-factor windows5	3%	4%
5	High performance cooling system (Greater than or equal to 18 SEER and 14 EER air conditioner)2	3%	2%
6	High performance cooling system (Greater than or equal to 16 SEER and 12 EER air conditioner)2	3%	3%
7	High performance gas furnace (Greater than or equal to 96 AFUE natural gas furnace)2	5%	7%
8	High performance gas furnace (Greater than or equal to 92 AFUE natural gas furnace)2	4%	5%
9	High performance heat pump system (Greater than or equal to 10 HSPF/18 SEER air source heat pump.)2	6%	6%
10	High performance heat pump system (Greater than or equal to 9 HSPF/16 SEER air source heat pump.)2	5%	5%
11	Ground source heat pump (Greater than or equal to 3.5 COP ground source heat pump.)2	6%	8%
12	Fossil fuel service water heating system (Greater than or equal to 82 EF fossil fuel service water-heating system.)	3%	2%
13	High performance heat pump water heating system option (Greater than or equal to 2.9 UEF electric service waterheating system.)	8%	6%
14	High performance heat pump water heating system. (Greater than or equal to 3.2 UEF electric service water-heating system.)	8%	6%
15	Solar hot water heating system (Greater than or equal to 0.4 solar fraction solar water-heating system.)	6%	6%
16	More efficient HVAC distribution system. (100 percent of ductless thermal distribution system or hydronic thermal distribution system located completely inside the building thermal envelope.)	10%	12%
17	100% of ducts in conditioned space. (100 percent of duct thermal distribution system located in conditioned space as defined by Section R403.3.2.)	12%	15%
18	Reduced total duct leakage. (When ducts are located outside conditioned space, the total leakage of the ducts, measured in accordance with R403.3.5, shall be in accordance with one of the following: a. Where air handler is installed at the time of testing, 2.0 cubic feet per minute per 100 square feet of conditioned floor area. b. Where air handler is not installed at the time of testing, 1.75 cubic feet per minute per 100 square feet of conditioned floor area.)	1%	1%
19	2 ACH50 air leakage rate with ERV or HRV installed. (Less than or equal to 2.0 ACH50, with either an Energy Recovery Ventilator (ERV) or Heat Recovery Ventilator (HRV) installed.)3	10%	13%
20	2 ACH50 air leakage rate with balanced ventilation. (Less than or equal to 2.0 ACH50, with balanced ventilation as defined in Section 202 of the 2021 International Mechanical Code.)4	4%	5%
21	1.5 ACH50 air leakage rate with ERV or HRV installed. (Less than or equal to 1.5 ACH50, with either an ERV or HRV installed.)4	12%	15%
22	1 ACH50 air leakage rate with ERV or HRV installed. (Less than equal to 1.0 ACH50, with either an ERV or HRV installed.) 4	14%	17%
23	Energy Efficient Appliances (Minimum 3 appliances not to exceed 1 form each type with follow efficiencies. Refrigerator - Energy Star Program Requirements, Product Specification for Consumer Refrigeration Products, Version 5.1 (08/05/2021), Dishwasher - Energy Star Program Requirements for Residential Dishwashers, Version 6.0 (01/29/2016), Clothes Dryer - Energy Star Program Requirements, Product Specification for Clothes Dryers, Version 1.1 (05/05/2017) and Clothes Washer - Energy Star Program Requirements, Product Specification for Clothes Washers, Version 8.1 (02/05/2018)	7%	5%
24	Renewable Energy Measure.4	11%	9%
1. Energy efficiency percentage increases as established by PNNL.
2. For multiple cooling systems, all systems shall meet or exceed the minimum efficiency requirements in this section and shall be sized to serve 100 percent of the cooling design load. For multiple heating systems, all systems shall meet or exceed the minimum efficiency requirements in this section and shall be sized to serve 100 percent of the heating design load. Increases to minimum efficiency requirements are limited to one selection.
3. Minimum HRV and ERV requirements, measured at the lowest tested net supply airflow, shall be greater than or equal to 75 percent Sensible Recovery Efficiency (SRE), less than or equal to 1.1 cubic feet per minute per watt (0.03 m3/min/watt) and shall not use recirculation as a defrost strategy. In addition, the ERV shall be greater than or equal to 50 percent Latent Recovery/ Moisture Transfer (LRMT).
4. Renewable energy resources shall be permanently installed that have the capacity to produce a minimum of 1.0 watt of on-site renewable energy per square foot of conditioned floor area. The installed capacity shall be in addition to any onsite renewable energy required by Section R404.4. To qualify for this option, one of the following forms of documentation shall be provided to the code official:
a. Substantiation that the RECs associated with the on-site renewable energy are owned by, or retired on behalf of, the homeowner.
b. A contract that conveys to the homeowner the RECs associated with the on-site renewable energy or conveys to the homeowner an equivalent quantity of RECs associated with other renewable energy.
c. Reduction in total UA from lines 1, 2 or 3 and higher performance windows from line 4 are limited to a single selection.

E. The Department encourages:

(1) Home builders to construct new high performance homes; and

(2) Local jurisdictions to amend these standards to allow builders to construct high performance homes.

Md. Code Regs. 09.12.51.04

Regulation .04 amended and recodified from 05.02.07.04 effective 46:6 Md. R. 345, eff. 3/25/2019; amended effective 50:10 Md. R. 407, eff. 5/29/2023