Manual A - Minimising air pollution during building use

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Par Hill Research Reducing air pollution from your building - a series of manuals for operators, designers & developers Manual A - Minimising air pollution during building use Factsheet A1 - Laws & Regulations Joanne Arbon & Iarla Kilbane-Dawe

Par Hill Research Minimising air pollution during building use Factsheet A1 Laws & Regulations SOME CONVENTIONS USED IN THIS DOCUMENT Key information is highlighted in an orange box like this text. 2013 Par Hill Research Ltd. Although every effort has been made to ensure the accuracy of the information herein, the authors and publisher can accept no liability for loss, damage or injury caused by errors or omissions in the information given in this document. The content may be distributed freely without the permission of the copyright holder in electronic or other format, so long as the source and copyright are acknowledged and no charge is made for the document. Examples and Case Studies These are shown inside a light blue box. External Resources and Clickable links to websites are shown like this are shown in blue bold typeface. ww.parhillresearch.com

Par Hill Research Ltd, Science, Environment & Policy Research A1 Laws and regulations A1.1 Introduction It s always essential to know the rules and regulations that govern the management of buildings, boilers, or HVAC systems. The main regulations that affect a building s air quality performance are those that govern energy efficiency and those relating to air quality nuisance. In general, buildings that are more energy efficient will emit less air pollution if certain fuels and systems are avoided (more in Chapter A5). Therefore much of this Factsheet discusses the energy efficiency regulations for buildings and when they create opportunities for more energy efficiency and less air pollution. We ll cover: When Part L of the Buildings Regulations affects building management; EPC & DEC Certificates, and EcoDesign of new building devices; Air Quality regulations & nuisance enforcement; The BREEAM and LEED voluntary standards; Health & Safety Regulations. A1.2 Building Regulations requiring conservation of energy Part L of Building Regulations is essential (if unexciting) reading for building managers. Part L, as it s commonly known, requires conservation of fuel and power, prerequisites for minimising air pollution from buildings. Since 2000, Part L has greatly increased the energy efficiency requirements of new buildings or replaced or refurbished systems. Those required today are about Examples of guidance in the Building Regulations Part L Non-Domestic Buildings Compliance Guide Recommended minimum seasonal efficiency for existing boiler systems Fuel type Effective boiler seasonal efficiency* Boiler season efficiency* Natural Gas 84% 82% LPG 85% 81% Oil 86% 84% * Gross calorific value Recommended minimum controls package for replacement boilers in existing buildings Minimum Controls Suitable Controls Package a. Zone control and Zone control is required only for buildings where the floor area is greater than 150m2. As a minimum, on/off control (e.g. through an isolation valve for unoccupied zones) should be provided. This is achieved by default for a building with a floor area of 150m2 or less. b. Demand control, and Room thermostat which controls through a diverter valve with constant boiler flow water temperature. This method of control is not suitable for condensing boilers c. Time control Time clock controls 80% more efficient than the average UK building stock. Combined with ultralow NO x boilers or other low emission energy systems, this can lead to great reductions in air pollution from new buildings compared to the current building stock. Though Part L only states general requirements, it is supported by Approved Documents. These set practical guidance on how to meet Part L, 5 - Reducing air pollution from your building

Par Hill Research Ltd, Environment, Policy & Innovation When existing buildings systems must be upgraded to the current Part L Buildings of 1000m 2 or more must be fully upgraded to the current Part L standard when certain changes are being made this is known as Consequential Improvements. This must be done when: The building is undergoing material change of use. There is new provision of fixed building services or an increase to the overall capacity of the current fixed building services; When thermal elements are replaced or renovated, they must be upgraded in its entirety to comply with Part L. This includes the following requirements: When new or upgraded services are being installed, any changes to controlled fittings or services must include specification of efficient boilers, pipe-work & controls. This includes space heating and hot water systems, mechanical ventilation and cooling systems. Duct leakage and fan performance testing must be conducted. Provision for energy metering, including differential monitoring between systems. An instruction manual for building users must be provided for heating, cooling and ventilation systems to enable them to realise the optimum levels of energy efficiency to which their buildings & any new systems are designed. This also applies to any extensions to properties with floor area greater than 1000, if the planned extension is greater than 100m 2 in area and greater than 25% of the existing useful floor area. as in the examples above. Existing buildings, and parts thereof, are only required to be upgraded to Part L standards when certain changes occur, such as when a boiler is replaced. The full list of these conditions is given above. For existing buildings energy conservation upgrades are only required for the elements that are to be substantially replaced or renovated, they do not apply to normal maintenance or repairs. The Part L Non-Domestic Buildings Compliance Guide sets recommended minimum energy efficiency standards for compliance with building regulations for each building service. This includes the minimum controls packages required, efficiency testing methods and installation requirements, as well as suggestions to improve plant efficiency. Summary of Part L Legal Requirements Part L requires conservation of fuel and power in buildings through all three of insulation, energy systems and buildings management and information. The legal requirements are that reasonable provision shall be made for: (a) limiting heat gains and losses through thermal elements and other parts of the building fabric; and from pipes, ducts and vessels used for space heating, space cooling and hot water services; (b) providing fixed building services which are energy efficient, have effective controls, and are commissioned by testing and adjusting to ensure they use no more fuel and power than is reasonable in the circumstances; (c) providing sufficient information to the owner about the building, the fixed building services and their maintenance requirements so that the building can The Approved Document (Part L) for energy efficiency in existing buildings that are not dwellings is (L2B). Part L nondomestic compliance guide on www.planningportal.gov.uk 6 - Reducing air pollution from your building

Par Hill Research Ltd, Science, Environment & Policy Research be operated in such a manner as to use no more fuel and power than is reasonable in the circumstances. Specifically, the planned 2013 Part L will require buildings to be about 44% more energy efficient than typical 2006 designs (although the rules actually express this in terms of CO2). These requirements will strongly influence the overall economic and technical viability of HVAC system choices, and therefore should be studied before building your business plan for your HVAC system. EPC Energy Performance Certificates show the designed and calculated energy efficiency of property on a scale from A (most efficient & lowest carbon emissions) to G (most efficient & lowest carbon emissions). DECs Display Energy Certificates are similar to an EPC but are based on actual performance and must be updated annually. A1.3 EPCs and DECs show your buildings energy performance The Energy Performance of Buildings Directive (as transposed into UK law) requires regular inspections of heating and air conditioning plant to ensure that they are operating correctly full details are given in the box on the right. It also requires that buildings must have a current EPC certificate when constructed, sold or rented out. Public buildings larger than 500m 2 must be certified annually on the basis of actual energy performance and the resulting DEC must be displayed. The rating achieved in these certificates will be strongly influenced by heating system choice and performance, so keeping a regular maintenance schedule for energy systems is important. The Eco-Design Directive sets the minimum energy performance standards of a wide range of products to be sold/used in Europe and in coming years it will require that many energy consuming devices used in buildings are more efficient, including boilers, computers, televisions, transformers, industrial fans, industrial furnaces. Other energy related products (ERPs) which do not use energy but have an impact on energy and can therefore contribute to saving energy, such as windows, insulation material, shower heads, taps etc., will also be improved by the regulations. Main regulations on Building Energy Efficiency If selling or letting a property you must ensure that the EPC is up-to-date. Every year, ensure that the DEC has been independently certified. A key part of the audits required as part of the EPC & DEC production is provision of advice on boilers and air-conditioning systems. The advice given is in the form of checklists and recommendations developed in conjunction with the heating and hot water manufacturing and installation industries. The checklists have been designed to be simple and quick to complete, and the intention is that they are left on site. The advice can also be included in existing service and maintenance visits and now forms part of industry recommended good practice guidelines. Energy Performance of Buildings Directive (EPCs & DECs) www.gov.uk/energy-performance-certificate-commercial-property 7 - Reducing air pollution from your building Eco-Design Directive: ec.europa.eu/enterprise/policies/sustainablebusiness/documents/eco-design/legislation/implementing-measures/index_en.htm

Par Hill Research Ltd, Environment, Policy & Innovation A1.4 The law and air pollution from buildings The laws on air quality mainly affect buildings development, although if the building has been badly designed or if modifications to flues or outlets are made after construction, local authorities can begin enforcement action to prevent air quality nuisances. The legal framework for air quality is governed by the Environment Act and by local Supplementary Planning Guidance. Under the Environment Act (1995) air pollution concentrations must stay below levels that are thought to be harmful to health. Following this legal framework Councils have conducted detailed studies to see where in our towns and cities and along our major roads air pollution exceeds these Limit Values. In these Air Quality Management Areas (AQMAs), targets dates were set by which time the local air pollution should be less than the limit values. Because air pollution travels from country to country the limit values and targets were agreed across the EU. London s Air Quality Neutral Requirement, CHP & Biomass standards In London Policy 7.14.B(c) of the London Plan states that new developments should be at least air quality neutral and not lead to further deterioration of local air quality. Details will be published in Supplementary Planning Guidance in June 2013, but in general terms this mean that new developments should directly emit no more than a certain amount of NOx or PM air pollution per square meter per year, depending on the building use. Standards are also being set in London for emissions of NOx or PM from CHP and biomass boilers systems. These requirements affect all development proposals in Greater London of more than 9 dwellings (or a site larger than 0.5ha), or 1000m 2 gross area or greater (or a site of 1ha or more). The Cleaner Air For London website has details on Air Quality Neutral, CHP & biomass rules:www.cleanerairforlondon.org.uk Planning conditions and Supplementary Planning Guidance The main responsibilities of Councils in achieving the limit values targets relate to control of local transport activity and of pollution from buildings, encapsulated in a local Air Quality Action Plan. Under the National Planning Policy Framework 1 Councils are required to ensure that planning policies deliver the limit values and that new developments are consistent with the air quality action plan. Councils can specify a Supplementary Planning Document (SPD) that specifies which new developments have to undergo rigorous examination for their air quality impacts. Both the direct emissions from the building and the indirect emissions from the transport associated with the new building have to be determined and from these the changes in the local concentrations of the specified air pollutants. There are nine such pollutants, but for most purposes the two limit values that are important are those for NO x and PM. If the requirements of the Council for air quality as laid out in the SPD are not met by a proposed development, planning permission can be refused. Interactions between the Building Regulations and Environment Act There are strong interactions between government policies on sustainable buildings and building energy efficiency and air quality. All new social housing is required to meet Level 4 of the Code for Sustainable Homes (BREEAM for homes), which specifies high levels of insulations installation of an ultralow NO x boiler. These are available at no extra cost. The governments tightening of Part L aims to dramatically reduce their carbon emissions through using less fuel, with consequent improvements in NO x and PM emissions. But they can also have a negative impact on air pollution if developers use biomass boilers or poorly planned Combined Heath and Power 1 This replaces the earlier PPS23. 8 - Reducing air pollution from your building

Par Hill Research Ltd, Science, Environment & Policy Research instead of fabric energy efficiency to achieve the Target Emissions Rate of CO2. Use of biomass fuels is forbidden by many urban SPDs. More detailed information on planning and air quality is provided in the 2010 Environmental Protection UK Guidance, and the topic is addressed in details in Chapter A4. Enforcement and prosecution of an air quality nuisances Air quality nuisances occur when air pollution from a poorly designed or modified flue or outlet cause the exhaust gases or smoke to reach ground level or other buildings where people can breath it in. Typical examples are when a new flue outlet is installed next to HVAC inlets of an adjacent building, a chimney is modified and is no longer tall enough to disperse exhaust properly, or a kitchen exhaust is fitted during a change of use. Building operators must ensure that newly installed or modified equipment avoids these problems, otherwise Councils can issue an enforcement order for remedial action. If disobeyed this will lead to prosecution and potentially substantial fines. A1.5 BREEAM & LEED BREEAM and LEED are the two main certification schemes used to improve sustainability within commercial building design and operation. While currently voluntary, the public sector demands their use and there is growing demand within commercial sectors to both improve Corporate Social Responsibility (CSR), attract funding and provide genuine evidence of sustainability within an organisation. Different building types have tailored assessment schemes, such as healthcare, industrial, offices, retail and higher education; and both now have in-use assessment schemes for certification of existing buildings. The assessment schemes are credit based assessment systems covering the all aspects of a building s operation. Choice of HVAC system and distribution services, together with levels of control and management can significantly influence the score and ratings achieved. The In-Use schemes are selfassessment based, followed by certification from an independent auditor. BREEAM Building Research Establishment s Environmental Assessment Methodology. UK Based sustainable building design standard. LEED Leadership in Energy and Environmental Design. US Based sustainable building design standard. Corporate Social Responsibility (CSR) is a form of built-in, self-regulating mechanism whereby a business monitors and ensures its active compliance with the spirit of the law, ethical standards, and international norms. It is widely used now as the umbrella for demonstrating commitment to sustainability within business practices. BREEAM In-Use & LEED O&M BREEAM In-Use & LEED Operation & Maintenance (O&M) are the sustainability schemes for existing buildings. The BREEAM In-Use scheme is split into three parts: asset performance (the building), building management performance (the operation of the building), and organisational effectiveness (how occupiers manage their activities within a building). In LEED O&M energy and water efficiency are addressed through the establishment of minimum performance thresholds (prerequisites for USGBC certification), as well as a host of optional credits, including a focus on building commissioning, metering and submetering, energy and water system upgrades, energy benchmarking, and use of renewable energy. BREEAM In-Use www.breeam.org/page.jsp?id=373 LEED O&M www.usgbc.org/showfile.aspx?documentid=3617 9 - Reducing air pollution from your building

Par Hill Research Ltd, Environment, Policy & Innovation A1.6 Health & Safety There is a plethora of health & safety related guidance that has implications mainly on the operation, settings and control constraints of building services. In addition the level and expertise required in system maintenance, and H&S requirements surrounding this, may also influence system choice as significant H&S requirements would push up overall system maintenance costs. Because these vary greatly by sector, it s important to conduct research into the H&S requirements for your sector before taking choosing HVAC systems. The conditions common to most sectors that you need to be aware of are: Thermal conditions o Requirements for internal temperature bands, dependent upon working environment, with recommended maxima and minima typically, 18 C and 24 C respectively for the normal population. For the very old and very young is the minimum recommended temperature 20 C. The minimum allowable working temperature is 16 C, with 13 C allowed in areas where there is extreme physical activity if personal protective clothing is provided. There are no upper limits for those at very hot conditions but medical supervision may be needed for those working up to 50 C. Air quality & Ventilation Part L of the Building Regulations requires designers to include standards of air tightness to minimise air infiltration and minimum energy efficiency standards for air conditioning and mechanical ventilation equipment. The minimum fresh air ventilation is currently 10 L/s per person. HSE Guidance note PM5 requires that hot water boilers should have an automatic control device to cut off fuel to the burners of gas-fired plant when the boiler flow outlet temperature rises to a predetermined temperature that might be unsafe. To comply with this recommendation, the minimum system pressure should be determined from the maximum design flow temperature. http://www.hse.gov.uk/temperature/law.htm http://www.hse.gov.uk/pubns/books/hsg132.htm o o o o For energy considerations regulations forbid heating equipment at rooms above 19 C. Hot water must be stored at 60 C or higher to avoid legionella; Requirements for humidity levels. CIBSE recommends 40 70% RH for normal conditions in buildings. The target value for design is 60% RH. Requirements for max temperatures of heat emitters; CIBSE TM40 Health Issues in Buildings www.cibseknowledgeportal.co.uk More specific guidelines are provided for institutions such as prisons, hospitals, schools, and care homes. HSE Guidance on Sick Buildings, Thermal Conditions & Risk www.hse.gov.uk/guidance/index.htm 10 - Reducing air pollution from your building