Category 1

NOTICE: This is a preliminary draft. Do not use this draft until you fully understand Category One and the Energy Code. This Addendum and your contract should be reviewed by an attorney who is familiar with construction codes. Hope you find this information useful: while you are here, please visit my personal page: David Meyers, or our construction law page at Law for Laymen.

CATEGORY ONE ADDENDUM TO CONTRACT

THIS ADDENDUM is made on _______________, 2000, by and between ("Builder") and ("Buyer"), and is an Addendum to that certain Contract dated _________________, ______, by and between Builder and Buyer.

Builder and Buyer agree to the following additional terms:

1. Building Standards/Options. Current building standards require all new homes constructed in Minnesota to meet Minnesota's stringent Category One Code, which imposes requirements designed to make new homes energy efficient. The Category One Code sets standards for such things as mechanical ventilation, insulation and construction techniques designed to ensure indoor air quality. Because new homes are built "tighter," outside air ventilation is required to provide acceptable indoor air quality. Building standards also provide for an option - commonly known as the "Energy Code" option.

Building standards also provide for an option - commonly known as the "Energy Code" option.

Under the terms and conditions of the Contract, Builder will construct a home which meets the Category One Code. As an option, Builder will also construct a home which meets the requirements of the Energy Code.

Constructing the home to meet the requirements of the Energy Code will increase the purchase price for the new home by $_______________. Builder encourages Buyer to select this upgrade. Within a few years, the Energy Code standards could become the building standard in Minnesota. Many experts believe that homes meeting the Energy Code standards provide better indoor air quality and decrease problems associated with moisture inside the homes.

Buyer, having read the foregoing, elects to (check appropriate selection):

_____ A. Incorporate the Energy Code standards into the plans and specifications for construction of the new home, at an increased cost of $________________; or

_____ B. Construct a home according to Category One Code only.

2. Remaining Terms. All other terms and conditions of the Contract shall remain the same.

BUILDER: BUYER:

By:_______________________________ ___________________________________

Its:_______________________________ ___________________________________

Minnesota Builder License No: _____________________

MINNESOTA ENERGY CODE REQUIREMENTS

The new 2000 energy code (Minnesota Rules, Chapter 7672) went into effect on April 15, 2000. Category 2 is no longer an option. Under the law, new homes must be built either to the 2000 Energy Code or Category 1 (Minnesota Rules, Chapter 7670) with the additional following requirements:

Requires a mechanical ventilation system which replaces, by direct or indirect means, air from habitable rooms with outdoor air: (This would allow exhaust only, air exchange, or heat recovery ventilator);

Requires direct vent, power vent or sealed combustion furnace, water heater, or fire place (gas);

If any single exhaust device (e.g. kitchen fan or dryer) over 300 cubic feet per minute (cfm) is installed, a sealed combustion furnace might be used or an alternative make up air source must be used.

CATEGORY 1 (MINNESOTA RULES, CHAPTER 7670) ENVELOPE REQUIREMENTS

Category 1 incorporates air sealing and wind wash measures and requires mechanical ventilation. A Category 1 house is built to protect the performance of installed thermal insulation from deterioration by moisture and wind wash. This protection is provided by a continuous vapor retarder and air barrier on the interior and a continuous barrier on the exterior protecting against wind wash. A mechanical ventilation system is required and additional appliance requirements as described above would be required.

Interior vapor retarder on insulated ceilings, walls and floors
Continuous air barrier at all plumbing and heating penetrations
Fire stop must be installed to block air movement into the attic
Penetrations in the building envelope for electrical and telecommunications equipment (except for electrical boxes and fan housings) must be sealed to prevent air leakage
Wind wash barrier required at the exterior edge of attic insulation
Wind wash barrier required at overhangs, such as cantilevered floors and bay windows
Window and door frames must be sealed
All exterior joints that may be sources of air intrusion must be sealed
Rim joist must be sealed to prevent air leakage
Tops of interior partition walls must be sealed to prevent air leakage
Electrical boxes and fans must be sealed to prevent air leakage
Between all assemblies, rim joists, and foundations must be sealed to prevent air leakage

(Items 1-8 were always required under Category 2.)

Remodeling or Multifamily Requirements. Alterations and additions may comply with either Minnesota Rules, Chapter 7670 or Minnesota Rules, Chapter 7672; three or more attached dwelling units, three stories or less in height may comply with either Minnesota Rules, Chapter 7670 or Minnesota Rules, Chapter 7674.

This is a summary of the Minnesota Rules, Chapter 7670 requirements. This is not intended to be legal advice. All builders should get a copy of the code in order to have the complete requirements. You may download copies of the 2000 energy code (7672) or Category 1 (7670) from www.commerce.state.mn.us or www.dpsv.state.mn.us.