STRONG CODES
As Kansas City debates its building codes, MEC urges lawmakers to consider what’s at stake
Two City of Kansas City, MO Council Members introduced Ordinance No. 240434 to roll back the 2021 energy code removing safeguards that ensure every new home is safe and comfortable with affordable utility bills. MEC is asking council members to consider the risks if the ordinance is passed.
Your Voice Matters
Contact your Council Member prior to the City Council meeting on Thursday, August 15 at 3:00pm.
Show your support for strong building codes.
View testimonies submitted.
Learn More About the Energy Code and Its Impact
- Energy Code FAQ seen here
- Healthy kids rely on efficient Homes, study says
- Building Codes are Critical for Consumer Protection
- KC-area builder explains benefits of better-built, more efficient homes amid building code debates
- Performance compliance path offers sustainable solution amid rising building costs
- FEMA’s first-of-its-kind Building Codes Strategy Program
Energy Code Frequently Asked Questions (FAQ)
What is an energy code?
The International Energy Conservation Code (IECC), herein referred to as the “energy code,” is one of many national model building codes, such as fire, electrical, structural, or plumbing. It establishes minimum design and construction requirements regarding the efficiency of new residential and commercial buildings and those undergoing major renovations. In addition to conserving energy, it is critical to ensuring our homes and buildings are healthy, comfortable, and affordable places to live.
PLEASE NOTE: The residential energy code applies to detached one and two-family dwellings, townhouses, and multifamily buildings of three stories or less.
Why does MEC oppose Ordinance No. 240434?
The required energy efficiency for new homes is weaker than the City’s previous heavily amended energy code.
The proposed R409 KCMO Compliance Path in the ordinance requires a HERS® Energy Index of 68 (the lower the number, the more energy efficient the home). The proposed requirement is not only a 17-point adjustment away from the current 2021 energy code, but it ignores updated technologies that are economically feasible, readily available, and use modern construction methods and equipment.
It would no longer require crucial testing and verification of new homes, exposing the City to several issues and possible liabilities.
The R409 KCMO Compliance Path in conjunction with the proposed “Master Building Plan” would remove insulation inspection and all energy testing for a large number of homes. Every project is unique and changes in crews, sites, suppliers, and materials can cause items to be missed or installed incorrectly. If the City does not require new homes to undergo certain testing by certified third-party verifiers and a buyer has issues, the liability will be on the City for not enforcing their own building codes.
It would reverse years of training and business process adjustments to comply with the modern energy code.
It would also nullify years of research and consideration by taxpayer-supported lawmakers for a quickly written policy by a select group who does not represent the interest of the public. Rolling back the 2021 energy code to benefit a small portion of the building industry would discredit the contractors who took the time to educate themselves and submit cost-effective plans that comply with the 2021 energy code.
It would put clean energy jobs at stake — a significant part of Missouri’s economy.
Energy efficiency represents 70% of Missouri’s 56,500 clean energy jobs. In Jackson County alone, over 6,000 workers manufacture ENERGY STAR-rated appliances and install efficient lighting, HVAC systems, and advanced building materials. Not requiring new homes to meet modern energy standards, only considers general contractors’ bottom lines, ignoring the thousands of subcontractors who ensure our homes are efficient and safe.
It cites false information regarding federal funding as fact.
The 2021 energy code was not adopted to receive grant funding from the federal government. The Planning and Development Dept. held their first public meeting to update the City’s building codes, including the energy code, in January 2020. Grant opportunities prioritizing jurisdictions who have adopted the 2021 energy code were not published until December 2022.
City of Kansas City, MO Energy Code Adoption Timeline
What energy code is adopted in the Kansas City region?
National model building codes are updated every three years. Local governments or states can choose to adopt the national model codes or modified versions with amendments. Kansas and Missouri are two of eight home rule states – therefore, building codes, including the energy code, are adopted at the local level.
Kansas City Region
Municipalities typically update their building codes every six years with a heavily amended energy code. For example, a municipality may have adopted the 2018 energy code, but it likely includes amendments significantly weakening its impact. As a result, homes in the region can be built using outdated standards and technology. However, between January 2022 and October 2023, 10 different municipalities in the Kansas City region sent over 150 industry stakeholders to train on the 2021 energy code to prepare for upcoming building code updates.
City of Kansas City, MO
After four years of hard work and consideration from countless stakeholders, on October 13, 2022, Ordinance No. 220364 was passed to adopt the 2021 energy code with strengthening amendments. It went into effect on October 1, 2023.
Is the 2021 energy code impacting residential permit numbers in Kansas City, MO?
As common with code changes, many builders submitted permit applications prior to the October 1, 2023 cut-off date to build to the old code.
Claiming that permit approvals are down because of code difficulties doesn’t tell the whole story. In August 105 permits were issued and 152 in September, well above the 66 per month average in 2021 and 2022. Because of the scramble to achieve approvals before the code change, there were less permit applications in subsequent months. False reports identify only one cause for the slump in approvals, ignoring the pre-update scramble as a contributing factor to less permits being issued in November and December.
The City of Kansas City, MO is making amends for the struggle of learning new code stipulations. Local energy professionals worked with the City’s Planning & Development Dept. to create Bulletin No. 171-RE, designed to alleviate issues with rejected permits associated with the 2021 energy code. Recently one of the professionals shared, “The plans are getting through in 4 weeks for builders that understand the code now. The permit time is back to normal for those who took the time to learn.”
Home Builders Association of Greater Kansas City’s (KCHBA) monthly permit reports
The KCHBA issues monthly permit reports for eight counties and seventy cities that comprise the Greater Kansas City Metropolitan Area. The January 2024 Residential Statistics Report states, “After slipping from the top spot in December, Kansas City, Mo., was once again the top permitting city for January with 42 single-family permits (issued).” The KCHBA’s March report stated 2024 Q1 permits were up significantly compared to last year, and it identified the top five permitting cities for the month as Lee’s Summit (44), Olathe (40), Kansas City, Mo., (38), Raymore (36) and Overland Park (30).
How does the energy code protect residents in extreme weather and impact comfort and health?
“Building code adoption and enforcement are one of the strongest strategies jurisdictions can take to protect their communities against extreme weather.” – Federal Emergency Management Agency (FEMA)
Energy codes contain certain safeguards to minimize the damage a flood or storm can wreak on walls, floors, ceilings, windows, and ducts. A study conducted after Superstorm Sandy (which left 8 million New Yorkers without power) showed newer energy codes allow people to stay in their homes for more days during blackouts triggered by heat waves or cold freezes. During recent extreme weather, including the 2023 storms that left 60,000 Evergy customers without power, Kansas City continues to experience firsthand the detrimental impacts of inefficient housing.
National Benefit of Building Code Adoption
In 2022 FEMA develop a first-of-its-kind Building Codes Strategy program to help our nation become safer and stronger against natural hazards. The strategy is geared towards public officials, building regulators, planners, emergency managers and responders, design professionals, the building industry, owners and operators, and the public. It is especially important for communities without access to higher-quality housing who are who are disproportionately impacted by extreme weather. By keeping the current 2021 energy code in place, the City can better protect residents and the local tax base from extreme weather.
The energy code ensures our homes and buildings stay dry, remain at a consistent temperature throughout, have correct humidity levels, and stay allergen free.
Building performance professionals release an updated energy code package every three years; using a whole-building approach to evaluate how different components work together. One example is required testing to ensure insulation and air sealing is implemented correctly. During extreme temperature days, there are often large temperature differences between inside a home or building and outside. If there are gaps in the insulation or air sealing, it can lead to consistent condensation which can often lead to mold growth – wreaking havoc on human health, especially for more vulnerable populations.
In partnership with Children’s Mercy Hospital and the University of Missouri – Kansas City, MEC recently published a study that found a reduction of pediatric asthma encounters and a reduction in the severity of those encounters when homes of children diagnosed with asthma were upgraded to improve energy efficiency. The study demonstrates an energy-efficient homes are not only more comfortable, but can truly be lifesaving.
What does it cost to build to the 2021 energy code?
The energy code, and the provisions in it, are tested for their cost-effectiveness
After each new national model energy code is published, the U.S. Dept. of Energy must determine if the new version saves energy relative to the old version. To support the U.S. Dept. of Energy in evaluating the energy and economic impacts associated with the updated building codes, a cost-effectiveness analysis for residential buildings is completed for every state. See 2021 analyses for Kansas and Missouri.
Locally, one professional association has spoken publicly about a staggering $30,000 average per-home cost increase to comply with KCMO’s 2021 energy code. However, actual permitted plans by building professionals revealed an estimate of approximately $10,000 in increased costs. The lower estimate has been supported by builders who recently had designs approved under the 2021 energy code compared to the City’s previous heavily amended 2012 version. Additionally, contractors who build or substantially renovate energy-efficient homes can claim federal tax credits up to $5,000 per home.
See the HERS® Index section of the FAQ to learn about the optional path used by builders and contractors across the metro to comply with building codes in an efficient and affordable way.
What is the HERS® Index, and why do builders use it instead of the ERI?
America’s most-used Energy Rating Index (ERI)
Since the 2015 iteration of the energy code, the ERI compliance path has been an alternative option
for residential projects. The ERI is a less rigid route that allows builders to utilize a combination of design strategies and technologies to provide the greatest energy savings for the lowest overall cost, as long as a home meets a specific energy index. The most used ERI in the U.S. is the Residential Energy Services Network (RESNET) HERS® Index.
Benefits of HERS® rated homes
Home Energy Raters are certified to inspect and test a home’s energy efficiency and operate under a national QA system. They ensure consistent, trusted ratings for stakeholders such as contractors, lenders, and developers. For additional information: HERS® Raters, Benefits, and Quality Assurance.
Average HERS® Index for Kansas City, MO*, Missouri, and the U.S.
What is the difference between the HERS® Index and ERI?
The HERS® Index and the ERI use the same standards and data to calculate an index number. However, the ERI has additional code-imposed requirements that make the target index number more difficult to achieve. In Kansas City, MO the difference was found to be on average 5.7 points; therefore, an ERI of 54 is roughly equivalent to a HERS® Index of 48.