Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 103 - NEBRASKA ADMINISTRATIVE CODE
Chapter 1 - Construction of State-Funded Buildings
Section 103-1-005 - Waivers

Universal Citation: 103 NE Admin Rules and Regs ch 1 ยง 005

Current through March 20, 2024

005.01 Basis for. The Building Division may waive a specific requirement of the IECC for a subject building when meeting that requirement is not in the best interest of the State of Nebraska. This situation might occur when:

005.01a. existing construction makes meeting the requirement physically impossible without causing irreparable damage to the existing building; or

005.01b. application of the requirement would create an irreconcilable conflict with another applicable code; or

005.01c. meeting the requirement is not economically-justified as shown by a life-cycle cost analysis.
005.01c1. The analysis will be prepared by the agency.

005.01c2. The analysis will demonstrate that the present value of the estimated energy cost savings over the life of the building, or specific component, is less than the incremental cost of IECC compliance. The calculation of present value will be based on expected incremental utility costs, the agency's actual discount rate and the most recent edition of Energy Price Indices and Discount Factors for Life-Cycle Cost Analysis (NISTIR 85-3273, available from the Energy Office).

005.01c3. When a component in question can reasonably be analyzed without considering interaction with the remainder of the building, a limited analysis is acceptable and encouraged.

005.03 Procedure The agency will present the request for waiver, with detailed supporting documentation, to the Building Division, and will present a simultaneous copy to the Energy Office. The Energy Office will make a recommendation to the Building Division within ten days, and the Building Division will then have ten additional days to determine whether to grant the waiver. The Building Division will respond directly to the agency, with a copy of that decision to Energy Office.

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