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Ohio Laws and Rules
(A) These rules establish requirements, procedures and guidelines for energy consumption and life cycle cost analysis of new, renovated and leased state facilities; certifying designated building operators of state funded facilities; and local administration of installment payment energy conservation contracts. The primary purpose of these rules shall be to minimize energy consumption in state owned, funded and leased facilities in a cost effective manner.
(B) These rules shall apply to each state agency planning to construct, or renovate or operate any state funded facility .
Effective: 02/16/2010
R.C. 119.032 review dates: 11/30/2009 and 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011(D)
Prior Effective Dates: 12/30/1980
(A) “Facility” means a building or other structure, or part of a building or other structure, that includes provision for a heating , refrigeration, ventilation, cooling, lighting, hot water, or or other major energy consuming system, component, or equipment.
(B) “State funded” means funded in whole or in part through appropriation by the general assembly or through the use of any guarantee provided by this state.
(C) “Life cycle cost” means the total energy related costs of owning, operating and maintaining the facility over the economic life of the facility.
(D) “Energy consumption analysis” means the evaluation of all energy consuming systems, components, and equipment by demand and type of energy, including the internal energy load imposed on a facility by its occupants and the external energy load imposed on a facility by climatic conditions.
(E) “Energy performance index” means a number describing the energy requirements of a facility per square foot of floor space or per cubic foot of occupied volume as appropriate under defined internal and external ambient conditions over an entire seasonal cycle.
(F) “Passive alternative” means a design consideration that affects energy consumption but does not use energy in its operation.
(G) “Active alternative” means a design consideration including a system or component that uses energy in its operation.
(H) “CBECS” means the commercial building energy consumption survey national average source energy use and performance comparisons conducted in 2003 and subsequently published by the United States department of energy’s energy information agency.
(I) “Clean energy” means an energy source such as waste heat recovery, solar energy, wind energy, biomass fuel energy, or geothermal energy.
(J) “Designated building operator” means a person or persons, certified by an approved training program and designated by a state agency, to be responsible for overseeing the energy-efficient maintenance and operational practices of one or more facilities managed by a state funded entity.
(K) “Building operator certification” means a nationally recognized professional development program, administered with oversight from a committee of advisors representing public and private sector employers of building operators. The building operator certification program is designed to provide training and certification on energy-efficient maintenance, operation, safety, and other best practices, including but not limited to indoor environmental quality and occupational safety and health administration regulations.
(L) “Energy audit tool” means the web-based energy consumption tracking software adopted by the department of administrative services, which is currently energy star portfolio manager developed jointly the U.S. department of energy and the U.S. environmental protection agency.
(M) “Energy target tool” means the web-based energy consumption design goal setting software adopted by the department of administrative services, which is currently energy star target finder developed jointly the U.S. department of energy and the U.S. environmental protection agency.
(N) “Baseline year” means the fiscal year beginning July 1, 2006 and ending June 30, 2007.
Effective: 02/16/2010
R.C. 119.032 review dates: 11/30/2009 and 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011(D)
Prior Effective Dates: 12/30/1980
(A) All new construction, renovation, repairs, and replacements of buildings shall employ cost-effective, energy-efficient, green building practices to the maximum extent possible.
(B) Each state agency except institutions of higher education shall:
(1) Design and construct state funded facilities achieving the following minimum standards:
(a) New construction shall be designed so that the fossil-fuel, greenhouse gas emitting, energy consumption of the building is reduced, as compared to the regional average for that building type as defined in CBECS, by the percentage specified as follows:
(i) Fifty per cent for designs completed on and after the effective date of this rule;
(ii) Sixty-five per cent for designs completed on and after January 1, 2015
(iii) Eighty per cent for designs completed on and after January 1, 2020;
(iv) Ninety per cent for designs completed on and after January 1, 2025;and
(v) One-hundred per cent for designs completed on and after January 1, 2030.
(b) Renovation projects shall be designed so that the fossil-fuel, greenhouse gas emitting, energy consumption of the building is reduced, as compared to the regional average for that building type as defined in CBECS, by fifty percent.
(c) State agencies may apply for a waiver of compliance from the department of administrative services for the following reasons:
(i) The facility is less than five thousand square feet in area;
(ii) The facility does not consume energy for heating, ventilating, or air conditioning; or
(iii) The facility is not designed for human occupancy.
(2) Procure from the department of administrative services an evaluation of energy related life cycle costs prior to constructing or renovating any facility five thousand square feet or greater.
(3) Procure from the department of administrative services an evaluation of an energy consumption analysis prior to leasing any facility twenty thousand square feet or greater within a given boundary, for the term of the proposed lease.
(4) Submit copies of a pertinent life cycle cost analysis prepared in accordance with rule 123:4-1-04 of the Administrative Code, when requesting release of capital improvement funds.
Effective: 02/16/2010
R.C. 119.032 review dates: 11/30/2009 and 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011(D)
Prior Effective Dates: 12/30/1980
(A) During the facility’s preliminary schematic design stage, the designer shall:
(1) Develop at least three practical alternative design concepts, considering passive and/or active building components, for the purpose of minimizing future energy consumption.
(2) Estimate the annual energy consumption and associated energy costs of each alternative, analyze their impact on building life-cycle costs and incorporate into the final building design alternatives which are cost effective in
(3) Re-evaluate life-cycle cost as additional alternatives are considered during the continuing design development to assure their cost effective implementation.
(4) Supply all pertinent data summarizing the life-cycle analysis to the department of administrative services for review and evaluation.
(B) After the completion of the facility’s design development stage, an energy consumption analysis shall be performed for the purpose of estimating the expected energy consumption and associated cost of the proposed facility .
Supply all pertinent energy consumption data to the department of administrative services for review and evaluation. These data shall include but not be limited to:
(1) Expected annual energy usage and initial cost by energy type.
(2) Distribution of expected energy consumption by major building systems.
(3) Energy performance index of the proposed design.
(C) The energy consumption calculations shall be performed in accordance with established engineering practices and currently accepted methodology including computerized simulation techniques approved by the department of administrative services.
(D) The following economic methodological assumptions shall be utilized in computing life-cycle costs:
(1) The study period shall consider the number of years during which the proposed facility is not expected to undergo major renovation or major changes in utilization.
(2) Future costs shall not include adjustments for general inflation but shall includeany known utility rate adjustments approved by the public utilities commission.
(3) The time value or alternative investment value of money shall be considered by discounting future cost to present value. The discount rate shall be in accordance with generally accepted practices.
Effective: 02/16/2010
R.C. 119.032 review dates: 11/30/2009 and 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011(D)
Prior Effective Dates: 12/30/1980
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(A) The procedures for leased facilities shall be in accordance with procedures designated in paragraphs (B) and (C) of rule 123:4-1-04 of the Administrative Code; and shall employ cost-effective, energy efficient, green building practices to the maximum extent possible.
(B) Leases negotiated after the effective date of these rules shall include the following requirements:
(1) The lessor shall provide copies of utility bills to the lessee within 30 days of receiving the utility bills for entry into the energy audit tool.
(a) The lessee shall enter the energy usage of the facility into the energy audit tool within 30 days of receiving utility bills from the lessor. Each facility entered into the energy audit tool shall be shared with the master account managed by the department of administrative services.
(b) If the facility is leased to more than one state agency, the agency that occupies the largest area shall receive and enter the utility bills into the energy audit tool.
(2) The lessor shall permit access to and assessment of its facility for the purpose of determining cost effective methods of increasing energy efficiency.
(3) The lessor shall cooperate with the lessee to implement cost effective methods of increasing energy efficiency.
(C) The department of administrative services shall recognize facilities that meet the requirements of this rule and have fossil-fuel greenhouse gas emitting energy consumption less than fifty per cent of the regional average for that building type as defined in CBECS.
Effective: 02/16/2010
R.C. 119.032 review dates: 11/30/2009 and 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011(D)
Prior Effective Dates: 12/30/1980
(A) Each state funded entity that manages or operates facilities shall employ certified building operators to manage or operate its facilities as follows:
(1) State funded entities that manage or operate a single or stand-alone facility or campus shall designate at least one certified building operator to manage such facility or campus.
(2) State funded entities that manage or operate multiple facilities or campuses located in regions or districts throughout the state shall designate at least one certified building operator to manage such facilities or campuses in each region or district.
(3) State funded entities that manage or operate multiple facilities or campuses and provide centralized facility related direction or services to multiple centers or campuses shall designate at least one certified building operator to manage such multiple facility or campus locations.
(B) Designated building operators shall satisfactorily complete a building operator certification training program adopted by the department of administrative services.
(C) State funded entities may apply for a waiver of compliance from the department of administrative services for the following reasons:
(1) The state funded entity’s facilities have an average annual site energy performance index less than 75,000 British thermal units per square foot; or
(2) The state funded entity’s designated building operators have received certification through a similar approved certification program that provides equivalent training on energy-efficient maintenance procedures and operational practices. The following programs are preapproved by the department of administrative services:
(a) International facilities management association designations (i.e., certified facility manager and facility management professional); or
(b) Building owners and managers institute designations (i.e., real property administrator, facilities management administrator, systems maintenance administrator, or systems maintenance technician).
(D) Each state agency shall enter the energy and water consumption of each facility into the energy audit tool within 30 days of receiving utility bills. Each facility entered into the energy audit tool shall be shared with the master account managed by the department of administrative services.
(E) This section shall not apply to institutions of higher education or state funded entities that occupy leased space and are not responsible for facility maintenance functions.
Effective: 02/16/2010
R.C. 119.032 review dates: 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011(D)
(A) The manager of any building owned by the state may apply to the director of administrative services for local administration of an installment payment energy conservation contract under sections 156.01 through 156.04 of the Revised Code.
(B) The building manager shall provide such information in the manner and form as the director of administrative services may require to determine if the building manager possesses sufficient experience and knowledge to:
(1) Properly perform an audit of the facility to determine appropriate energy conservation measures to include in its request for proposal;
(2) Properly prepare a request for proposal to solicit interest from energy service companies to design, install and guarantee the savings from appropriate energy conservation measures for the building;
(3) Properly score and determine the most appropriate proposer with which to enter into an installment payment energy conservation contract; and (4) Properly evaluate annual energy savings reports and proposed adjustments to the energy consumption calculations over the life of the installment payment contract.
(C) The director of administrative services may authorize a building owner to locally administer an installment payment energy conservation contract if the building manager provides clear and convincing evidence that it has the capacity to competently manage the contract through all phases of the process.
(D) This section shall not apply to an institution of higher education authorized to administer an installment payment energy conservation contract under section 3345.64 of the Revised Code.
Effective: 02/16/2010
R.C. 119.032 review dates: 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011(D)