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Code Status: Delaware

This page contains information about current energy codes in the state of Delaware. Information for all 50 States is also available. Delaware Code News.

*View Delaware Fact Sheet*

Current State Codes

  • Residential Code: 2000 IECC, mandatory statewide.
  • Commercial Code: 2000 IECC and 2001 Supplement, referencing ASHRAE 90.1-1999, mandatory statewide; can use COMcheck-EZ to show compliance.
  • Code Change Cycle: No set schedule. Most recent update effective: July 1, 2004.
  • Jurisdictions: (Information last updated August 13, 2008. See ICC Online for up-to-date jurisdictional adoption information).
    • 2006 IECC: Camden, Newark
    • 2003 IECC: Harrington
    • 2000 IECC: New Castle County
    • Other local code: Kent County

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Code Adoption & Change Process

Process Type: Legislative

Code Change Process: The Delaware General Assembly considers new legislation in January of each year. Further legislative action is required to amend Section 7602 of Title 16 of the Delaware Code.

State Code History: In 1979 the Delaware legislature passed Senate Bill 321, which established a minimum code for energy conservation. The legislation provided that no county or municipality may adopt a building or plumbing code that contradicts the energy requirements of the Model Code for Energy Conservation in New Building Construction (MCEC) (a model code based on ASHRAE/IES 90-1975.)

Chapter 76 of Title 16 of the Delaware Code sets the minimum provisions for energy codes adopted and enforced by the Levy Court of Kent County and the County Councils of New Castle County and Sussex County. State legislation (Senate Bill 83) adopted the 1993 Model Energy Code (MEC) statewide in 1995.

Currently, the state has adopted the 2000 IECC for new residential dwellings 3 stories or less in height.  For all other buildings, the 2000 IECC and its 2001 supplement (with its reference to ASHRAE 90.1-1999) have been in effect since July 1, 2004.

On July 29, 2009, Gov. Jack Markell signed SB 79 which mandated the adoption and enforcement of the most recent versions the national model energy codes, the 2009 IECC and ASHRAE Standard 90.1-2007. COMcheck and REScheck software (and ENERGY STAR software as an alternative) would be allowed to show compliance. Subsequent versions of the two model energy codes would be reviewed for updates every three years.

The bill also directs the Delaware Energy Office to establish a program for zero net energy capable buildings, with the goal of all new residential construction being so by December 31, 2025 and all new commercial construction being so by December 31, 2030.

The legislation will become effective July 1, 2010. From January 1, 2010 to June 30, 2010 sellers of new construction shall notify buyers of an option to purchase the construction built to the ICC/IECC 2009 code standard.

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Energy Consumption Estimates

The consumption estimates below are derived from the total end use of residential and commercial energy consumption in the United States in 2006, and are not limited to energy consumption based on building code-related factors. Source: U.S. Energy Information Administration.

  • Residential Sector: 64.1 Trillion BTU
  • Commercial Sector: 57.2 Trillion BTU
  • Total Energy Consumption: 121.3 Trillion BTU
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Construction Activity

Residential:

  • Population (2000 US Census)1: 783,600
  • Total Housing Units2: 352,031
  • 2004 New Housing Units Authorized by Permit (Privately Owned)3:
    • total units: 7,940
    • 1 unit: 7,524
    • 2 units: 2
    • 3 and 4 units: 16
    • 5+ units: 398
    • structures of 5+ units: 31

References:

  1. http://www.census.gov/population/cen2000/phc-t2/tab01.xls
  2. http://www.census.gov/population/estimates/housing/sthuhh1.txt
  3. http://www.census.gov/const/C40/Table2/20k_t2yu200412.txt

Green Building Initiatives

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Code Funding OpportunitiesThere are two funding opportunities under the American Recovery and Reinvestment Act of 2009 (ARRA): Energy Efficiency and Conservation Block Grants and State Energy Program. Please reference the U.S. Department of Energy for Delaware's allocated amount and updated information. 

 

Web Links

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State Energy Code Contacts

Charlie T. Smisson, Jr.
State Energy Coordinator
The Delaware Department of Natural Resources and Environmental Control's Energy Office
1203 College Park Drive, Suite 101
Dover, DE 19904

Tel: (302) 735-3480
Fax: (302) 739-1840

Email: charlie.smisson@state.de.us

 

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