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Union of India - Section

Section 5 in The Energy Conservation Building Code Rules, 2018

5. Procedure for erection of Code compliant building.

(1)Every owner who intends to erect or re-erect a building or make alterations or additions in any building under these rules shall submit to the concerned authority having jurisdiction, an application in Form I accompanied by-
(a)construction documents duly signed by the owner together with an undertaking in Form II;
(b)construction documents shall ensure -
(i)compliance with the applicable building bye-laws in force;
(ii)building design incorporates energy conservation measures and best national and international practices having regard to the climatic conditions of the site and specific needs of the building so as to optimise the energy performance index ratio of the building;
(iii)that all the data, building features, identified energy conservation measures under various building components and systems are shown in detail and in the manner specified in the applicable bye-laws;
(iv)the drawing of plan, colour of plan, dimensions of plan, scale of plan as per requirements of the applicable bye-laws in force;
(c)compliance documents covering the construction of components and systems of the Code, duly certified by Empanelled Energy Auditors (Building) including the following, namely:-
(i)energy performance index ratio report in respect of the proposed building at the design stage;
(ii)certificate in Form III by Empanelled Energy Auditors (Building) certifying the compliance documents as specified in Appendix D of the Code;
(iii)have been scrutinized or verified in respect of the identified energy conservation measures; and
(iv)an application with heading super scribed "Application for permission to erect/re-erect an Energy Conservation Building Code Compliant Building", duly signed by the owner seeking building permit from the concerned authority having jurisdiction before starting construction work in respect of the proposed building.
(2)The authority having jurisdiction may require submission of documents in electronic form or hard copy of the documents, referred to in sub-rule (1).
(3)The Empanelled Energy Auditors (Building), at the design stage, shall follow the following procedure of inspection, namely: -
(a)scrutinize the construction documents with respect to-
(i)floor area;
(ii)window area;
(iii)wall area;
(iv)roof area of the building;
(v)built-up area of the proposed design of the building;
(b)scrutinize the Code compliance documents and the check list as specified in the Appendix D of the Code and identify -
(i)the energy conservation measures that are applicable to the proposed design of building;
(ii)insulation quantities in walls and roof, and the construction assemblies, solar heat gain coefficient, visible light transmittance and thermal transmittance (U-factor) for window assemblies;
(iii)heating, ventilation and air-conditioning component tables for air-handling equipment, refrigeration equipment, condensing equipment and air-flow summaries;
(iv)heating, ventilation and air-conditioning equipment efficiencies and control equipment;
(v)tables showing lighting equipment schedules;
(vi)lighting power density calculations in the design documents;
(vii)lighting controls;
(viii)motor efficiencies and controls;
(ix)findings of the document review to match with the energy model inputs for the proposed building by using the simulation tool approved by the Bureau;
(c)scrutinize energy performance index ratio projected at the design stage;
(d)verify and certify the items from (i) to (ix) of (b) and (c);
(e)fill the check list as specified in the Appendix D of the Code and issue correction list in case the design documents of the proposed design of building provide inadequate information or do not meet the requirements of these rules and shall-
(i)communicate his findings in Form IV to the owner of the building under intimation to the concerned authority having jurisdiction;
(ii)give specified time to the owner to implement its findings;
(iii)satisfy himself that the communication received from the owner within the specified time, meet the findings and fulfill the shortcomings;
(f)record his approval and complete the checklist conforming compliance with the Code and these rules, and issue the certificate of approval in Form V to the owner under intimation to the concerned authority having jurisdiction and State designated agency.
(4)The authority having jurisdiction on receipt of application under sub-rule(1) for issue of permit for construction of proposed building shall-
(i)approve the design and sanction building plan only after it has received a certificate in Form II or Form IV from the Empanelled Energy Auditors (Building);
(ii)grant permit to erect or re-erect the building or add to or make alterations in the building to carry out the construction works subject to the following conditions in its sanction letter, namely: -
(A)the construction work shall be in accordance with the sanctioned plan and requirement under the Code and these rules;
(B)the compliance with these rules shall be achieved during construction-in-progress;
(C)the building shall not be occupied before issuance of occupancy certificate to the owner;
(D)the authority having jurisdiction may, at any stage, revoke the permit on receipt of noncompliance report from the Empanelled Energy Auditors (Building) or on the notice of any misrepresentation of material facts in the application in respect of the provisions of these rules or the Code after giving a reasonable opportunity of being heard to the owner.
(5)After receiving the permit, the owner shall-
(a)give notice of his intention to start the construction work of the building in Form VI;
(b)undertake construction of energy conservation measures incorporated in the construction documents in terms of sub-clause (ii) of clause (b) of sub-rule (1);
(c)have flexibility in constructing the building components and systems covered in the construction documents referred to in clause (a) of sub-rule (1) to most effective use of energy by deploying best practices in such components and systems to optimize the energy performance index ratio;
(d)take the approval of the Empanelled Energy Auditors (Building) before undertaking such construction referred to in clause (c) if the components and systems proposed to be constructed are other than those incorporated in the construction and compliance document.
(6)The Empanelled Energy Auditors (Building), at construction stage, shall review, verify the specifications of the parameters specified in sub-rule (3) and, -
(a)fill out the checklist specified in the Appendix D of the Code, provide comments if the proposed design of building does not meet the construction requirements and specify the shortcomings in compliance to the Code, these rules and sanctioned plan, and shall-
(i)communicate its shortcomings and finding to the owner;
(ii)give specified time to the owner to implement its findings;
(iii)satisfy himself that the communication received thereafter from the owner meets the specified findings and fulfill shortcomings;
(b)record his approval and complete the checklist indicating compliance with the Code and these rules, and issue a certificate of compliance in Form VII to the owner under intimation to the authority having jurisdiction;
(c)where it is determined at any stage that construction is not proceeding in accordance with the sanctioned plan or is in violation of any of the provisions of the Code and these rules, Empanelled Energy Auditors (Building) shall notify the owner, and request for additional information with respect to his findings or on the short comings identified by him as per Form VIII;
(d)in case the Empanelled Energy Auditors (Building) is satisfied with the additional information provided by the owner, he shall record the same in the certificate of compliance in Form VII and communicate the same to the owner under intimation to the authority having jurisdiction;
(e)in case the Empanelled Energy Auditors (Building)is not satisfied with the additional information submitted by the owner he shall report the same to the authority having jurisdiction to ensure that all further construction is stayed until correction has been effectuated and a certificate of compliance has been issued by Empanelled Energy Auditors (Building).
(7)Every owner shall submit a notice of completion of the building in Form IX to the authority having jurisdiction on the completion of work including the works related to energy conservation measures specified in the sanctioned permit along with the certificate in Form X issued by the Empanelled Energy Auditors (Building) certifying the completion of the building accompanied by -
(a)the duly completed compliance forms together with check list of various components covered under rule (3) at the completion stage which shall include the followings-
(i)review of heating, ventilation and air-conditioning component tables for air-handling equipment, refrigeration equipment, condensing equipment, air-flow summaries, tables showing lighting equipment specifications, and tables showing motor specifications;
(ii)inspection of lighting equipment like lamps, ballasts, to confirm fixture wattage and inspection shall include at least random check across according to the type of usage in the building to determine lighting power density;
(iii)review the required lighting controls such as manual switching off perimeter, day lighting circuits, automated occupancy based control, photo sensor controls, and automated timer based controls;
(iv)review of coefficient of performance values of installed heating, ventilation and air conditioning equipment and control equipment;
(v)review of efficiencies of installed motor and controls;
(vi)review of power factor and power distribution losses;
(vii)review the required check metering and monitoring system.
(b)a list of the energy related building features in the proposed design, if any, which are different from the sanctioned or standard baseline design;
(c)all documents and invoices in support of the construction undertaken with respect to all energy conservation measures including insulation, fenestration, heating, ventilation and air-conditioning, lighting and electrical systems, water heating systems of the building.
(8)If the energy performance index ratio at the completion stage is less than or equal to one as compared to the sanctioned plan of the building, it shall be deemed to have complied with the Code and these rules.
(9)If there is deviation in the energy performance index ratio of the sanctioned plan that is it is more than one as compared to the sanctioned plan of the building, Empanelled Energy Auditors (Building) shall record its findings in Form XI and communicate the same to the owner and seek compliance of the same through incorporation of additional energy conservation measure. The Empanelled Energy Auditor (Building) shall render technical assistance to the owner to ensure that the proposed design of building becomes compliant with these rules.
(10)The owner shall neither occupy nor allow any other person to occupy the building or part of the building covered under these rules for any purpose until such building or such part thereof has been granted occupancy certificate under the bye-laws of the authority having jurisdiction.
(11)The owner shall give notice of completion of the building and seek permission for occupancy.
(12)The authority having jurisdiction on receipt of such notice by the owner accompanied by a certificate by the Empanelled Energy Auditors (Building), issue the occupancy certificate in Form XII incorporating inter alia the following conditions, namely: -
(i)that the energy performance of the building shall be monitored and verified by the State Energy Conservation Building Code Implementation Committee of the concerned State;
(ii)that the owner through the Empanelled Energy Auditors (Building) shall submit to the State designated agency, an energy performance index report as per Form XIII under intimation to Bureau for two consecutive years after the building has been fully operational;
(iii)in case the energy performance index ratio of the building is more than one, the authority having jurisdiction may issue a provisional occupancy certificate subject to the condition that the owner shall undertake energy audit of the building to identify additional energy conservation measures to achieve the energy performance index ratio of the building approved in the sanctioned plan or permit within a period of three years;
(iv)if the owner fails to achieve the energy performance index ratio as specified in clause (iii) within a period of three years from the date of occupancy of the building the authority having jurisdiction shall place the matter before the State Energy Conservation Building Code Technical Grievances Redressal Committee, which shall hear the owner and the Empanelled Energy Auditors (Building) and make recommendations in the matter accordingly and the authority having jurisdiction shall comply with such recommendations.
(13)The process shall be continued repeatedly till energy performance index ratio of the building comes to less than one or equal to one and Empanelled Energy Auditors (Building) shall fill and submit the compliance documents, as specified in Appendix D of the Code, of various energy conservation measures at each stage namely, design, construction and completion, to achieve conformity with the Code and these rules.
(14)The simulation tool referred in sub-rule (3) shall be based on the standard method of test for the evaluation of building energy analysis computer program.
(15)The owner may approach the Energy Conservation Building Code Compliant Technical Grievances Redressal Committee for redressal of any grievance under the provisions of these rules.