Section 15 AAC 155.030 - Compliance with the standard(a) A building complies with the standard adopted in 15 AAC 155.010 if: (1) the building has been rated by an energy rater under Chapter 4, Section 404 of the energy standard and has been assigned an energy rating of "four-star", "four-star plus", "five-star", or "five-star plus" using the Alaska Home Energy Rating System established under 15 AAC 155.510 - 15 AAC 155.560; however, a building constructed after December 31, 1994 must be assigned a "four-star plus" or higher rating in order to comply with the standard;(2) an authorized inspector certifies in writing, in a format provided by the Corporation, that the building conforms to that standard. For purposes of this paragraph, an "Authorized Inspector" means a person who: (A) is a licensed architect, a licensed engineer, or an individual who is registered under AS 08.18 to perform home inspections for new construction who has satisfied the requirements of (c) of this section; or(B) a licensed mechanical contractor who has satisfied the requirements of (c) of this section, except that such a person may only certify compliance with the ventilation requirements of the energy standard;(3) a certificate of occupancy or of compliance with a municipal building code has been issued for a building constructed after the building code of the municipality was determined by the executive director, under 15 AAC 155.030(d) to meet or exceed the standard adopted in 15 AAC 155.010;(4) the building has been certified by the builder as complying with the standard under the provisions of 15 AAC 155.040; or(5) the building qualifies for financing under 15 AAC 151.600, relating to nonconforming housing, and has an energy rating, rated by an energy rater under Chapter 4, Section 404 of the energy standard, that is acceptable to the corporation, or(6) the Corporation determines that the documented proof of compliance with 15 AAC 155.010 by one or more individual units in a condominium building and other evidence demonstrates compliance with 15 AAC 155.010 by one or more other individual units in the condominium building which lack documented proof of compliance.(b) Compliance with ventilation requirements may be certified separately from the certification of compliance with other requirements of the energy standard.(c) In order to certify compliance with the standard under (a)(1), (a)(2), or (a)(4) of this section, a person must provide documentation to the Corporation showing that (1) the person has completed training approved by the Corporation in cold-climate home building, (2) the person has, within the last two years, completed training approved by the Corporation in BEES ventilation requirements, and (3) the person has successfully passed any testing required by the Corporation.(d) A municipality may request from the executive director a determination of whether the municipality's building code meets or exceeds the standard adopted in 15 AAC 155.010. The request must include a copy of the applicable portions of the municipal building code and will be acted on as follows:(1) the executive director will send a determination on the request to the municipality by certified mail within 60 days after receipt of the request; and(2) a municipality may appeal the executive director's determination under 15 AAC 150.210.(e) If the executive director determines under 15 AAC 155.030(d) that a municipality's building code does not meet or exceed the standard adopted in 15 AAC 155.010, the municipality may submit another request under 15 AAC 155.030(d) when the municipal code has been changed to bring it into compliance with that standard.Eff. 12/14/2005, Register 130; am 2/1/2002, Register 161; am 12/14/2005, Register 179; am 11/8/2006, Register 182; am 9/28/2011, Register 204; am 1/31/2018,Register 226, July 2018Even though the amendment of 15 AAC 155.030 was effective 9/28/2011, it was not published until Register 204, January 2013.
Authority:AS 18.56.088
AS 18.56.096
AS 46.11.040
AS 46.11.900