Session Law

Identifying Information:L. 2003 ch. 086
Other Identifying Information:2003 House Bill 2131
Tax Type:Other
Brief Description:An Act concerning certain thermal efficiency standards; amending K.S.A. 66-1227 and66-1228 and repealing the existing sections.




An Act concerning certain thermal efficiency standards; amending K.S.A. 66-1227 and

66-1228 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 66-1227 is hereby amended to read as follows: 66-

1227. (a) The American Society of Heating and Air Conditioning Engi-

neers/Illuminating Society of North America 1989 90-1 Standard or Code

(ASHRAE/IES 90.1-89) International Energy Conservation Code 2003

(IECC 2003) is hereby adopted as the applicable thermal efficiency stan-

dard for new commercial and industrial structures in this state.

(b) The state corporation commission has no authority to adopt or

enforce energy efficiency standards for residential, commercial or indus-

trial structures.

(c) Nothing in this section shall be construed to preclude a city or

county from adopting or enforcing thermal efficiency standards for struc-

tures within the jurisdiction of such city or county.

Sec. 2. K.S.A. 66-1228 is hereby amended to read as follows: 66-

1228. (a) Except as provided by subsection (b), the person building or

selling a previously unoccupied new residential structure shall disclose to

the buyer the buyer or a prospective buyer, upon request or prior to

closing, information regarding the thermal efficiency of the structure on

a form prepared and disseminated by the state corporation commission,

which form shall be substantially as follows:


This residence (mark one of the following):

____ 1. Has been built to meet the energy efficiency standards of the Model Energy

Code of 1993 International Energy Conservation Code 2003.

____ 2. Has received a Home Energy Rating score of 80 or greater when performed in

accordance with the Mortgage Industry National Home Energy Rating System Accreditation

Standard (June 15, 2002) by a rater certified and listed by the Residential Energy Services

Network (RESNET).

____ 2. 3. Has been built to include the following energy efficiency elements:

(1) Insulation values (R-value of insulation installed) for each of the following:

Ceiling with attic above R-value ____

Cathedral ceiling R-value ____

Opaque walls R-value ____

Floors over unheated spaces R-value ____

Floors over outside air R-value ____

Foundation type:

Slab-on-grade ____

Crawlspace ____

Basement and percent of basement walls underground ____

(2) Thermal properties of windows and doors for each of the following:

Entry door(s) R-value ____

Sliding door(s) R-value ____

Other exterior doors R-value ____

Garage to house door R-value ____

Window U-value (determined from NFRC rating label or default table) ____

(3) HVAC equipment efficiency levels:

Heating systems:

Gas fired forced air furnace AFUE rating ____

Electric heat pump HSPF rating ____

Air conditioning systems:

Electric unit SEER rating ____

Electric heat pump EER rating ____

Ground source heat pump EER rating ____

Duct insulation levels: Insulation R-value of ducts outside envelope ____


Manual control type ____

Automatic set-back type ____

(4) Water heating efficiency levels:

Water heater fuel type ____

Water heater capacity ____

NAECA energy factor ____''

(b) If a structure is subject to both the national manufactured housing

construction and safety standards act (42 U.S.C. 5403) and the federal

trade commission regulation on labeling and advertising of home insula-

tion, 16 CFR section 460.16, both as in effect on the effective date of this

act, the builder or seller may disclose, instead of the information required

by subsection (a), the information regarding such structure that is re-

quired to be disclosed pursuant to such federal act and regulation.

Sec. 3. K.S.A. 66-1227 and 66-1228 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 16, 2002.


Date Composed: 10/29/2003 Date Modified: 10/29/2003