DOS-49-11-00001-P Use of Variable Refrigerant Flow (VRF) Air Conditioning Systems

12/7/11 N.Y. St. Reg. DOS-49-11-00001-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 49

December 07, 2011

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

PROPOSED RULE MAKING

HEARING(S) SCHEDULED

 

I.D No. DOS-49-11-00001-P

Use of Variable Refrigerant Flow (VRF) Air Conditioning Systems

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 1240.1 of Title 19 NYCRR.

Statutory authority:

Energy Law, section 11-103(2)

Subject:

Use of Variable Refrigerant Flow (VRF) air conditioning systems.

Purpose:

To amend the Energy Code to permit use of VRF systems.

Public hearing(s) will be held at:

10:00 a.m., Jan. 25, 2012 at Department of State, One Commerce Plaza, 99 Washington Ave., Conference Rm. 1135, Albany, NY.

Interpreter Service:

Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Accessibility:

All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Text of proposed rule:

Subdivision (b) of section 1240.1 of Title 19 NYCRR is amended to read as follows:

(b) Referenced standards.

(1) Certain published standards are denoted in the 2010 ECCCNYS as incorporated by reference into 19 NYCRR Part 1240. Such standards are incorporated by reference into this Part 1240. Such standards are identified in the 2010 ECCCNYS, and the names and addresses of the publishers of such standards from which copies of such standards may be obtained are specified in the 2010 ECCCNYS. Such standards are available for public inspection and copying at the office of the New York State Department of State specified in subdivision (a) of this section.

(2) In addition to the published standards referred to in paragraph (1) of this subdivision, the publication entitled "ANSI/ASHRAE/IES Addendum cp to ANSI/ASHRAE/IESNA Standard 90.1-2007, Energy Standard for Buildings Except Low-rise Residential Buildings" (as approved by the ASHRAE Standards Committee on June 10, 2010, by the ASHRAE Board of Directors on June 23, 2010, and by the American National Standards Institute on July 1, 2010, copyright 2010 by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.) is incorporated by reference into this Part 1240. Said publication (hereafter referred to as "Addendum cp to ASHRAE 90.1-2007") is referenced in, and is part of, Exception 2 in 2010 ECCCNYS section 503.3.1, as added by 19 NYCRR section 1240.1(c)(1). Addendum cp to ASHRAE 90.1-2007 is published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. Copies of Addendum cp to ASHRAE 90.1-2007 may be obtained from the publisher at the following address: 1791 Tullie Circle, NE, Atlanta, GA 30329-2305. Addendum cp to ASHRAE 90.1-2007 is available for public inspection and copying at the office of the New York State Department of State specified in subdivision (a) of this section.

Section 1240.1 of Title 19 NYCRR is amended by adding a new subdivision (c) to read as follows:

(c) Changes to the text of the 2010 ECCCNYS. For the purpose of applying the 2010 ECCCNY in this State, the 2010 ECCCNY shall be deemed to be amended in the manner specified in this subdivision (c).

(1) 2010 ECCCNYS Section 503.3.1. Section 503.3.1 of the 2010 ECCCNYS shall be deemed to be amended by the addition of new Exceptions 2 and 3, to read as follows:

"2. Variable Refrigerant Flow Air Conditioning and Heat Pumps Systems (multi-split systems) that (1) employ multiple indoor DX type fan coils sharing a common compressor(s) and condenser(s) and (2) meet Addendum cp to ASHRAE 90.1-2007 (said Addendum cp to ASHRAE 90.1-2007 being the publication referred to, and incorporated by reference, in 19 NYCRR section 1240.1(b)(2)) ."

"3. Building HVAC systems that do not incorporate central fan systems for mechanical cooling in any portion of the system(s)."

Text of proposed rule and any required statements and analyses may be obtained from:

Joseph Ball, Department of State, 99 Washington Ave., Albany, NY 12231-0001, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

Five days after the last scheduled public hearing.

Consensus Rule Making Determination

Subdivision 11 of the State Administrative Procedure Act Section 102 provides that "consensus rule means a rule proposed by an agency for adoption on an expedited basis pursuant to the expectation that no person is likely to object to its adoption because it merely. . . makes technical changes or is otherwise non-controversial." The Department of State has concluded that this rule is non-controversial and, therefore, no person is likely to object to its adoption.

The State energy conservation construction code (the "Energy Code") is a building energy code adopted pursuant to Article 11 of the Energy Law. The provisions of the Energy Code are set forth in the Energy Conservation Construction Code of New York State (the "ECCCNYS"), a publication that is incorporated by reference in Part 1240 of Title 19 of the NYCRR, and in certain reference standards which are mentioned in the ECCCNYS and which are also incorporated by reference in Part 1240. Section 503.3.1 of the ECCCNYS provides that supply air economizers must be provided for cooling systems of 54,000 or more Btu/hour in climate zones 4, 5 and 6. This rule would amend Section 503.3.1 to provide that an economizer need not be used in certain Variable Refrigerant Flow ("VRF") cooling systems.

An economizer is a duct and damper arrangement and automatic control system used in traditional cooling systems. An economizer efficiently uses outside air to reduce or eliminate the need for mechanical cooling during mild or cool weather. VRF systems operate differently than conventional air circulating cooling systems. Rather than using conventional ducts to distribute cooled air throughout the building, VRF systems cool buildings by placing an evaporator in each area to be cooled, and using very small diameter refrigerant lines to connect the evaporators to a unit cooler (similar to a fan coil unit).

VRF systems have been in use in other parts of the world for almost three decades, but are relatively new to the U.S HVAC market. The Energy Code does not currently except VRF systems from the economizer requirement. However, a VRF system does not require an economizer and, indeed, a VRF system cannot incorporate economizer technology into its normal operation. Therefore, Section 503.3.1 of the ECCCNYS may effectively preclude the use of VRF systems in some applications.

VRF systems can offer a number of advantages over conventional HVAC systems, including independent temperature control in each area of a building, better energy efficiency, quieter operation, and more design flexibility for architects and engineers. For example:

VRF systems constantly monitor and supply the amount of refrigerant being sent to each evaporator. This permits independent control of temperature in each area of a building.

By operating at varying speeds, VRF units work only at the needed rate. As a result, VRF units consume less energy than traditional on/off systems, even if they run more frequently.

VRF technology is in heat pumps and in heat recovery units. Heat pumps can be used to heat all areas in the building or to cool all areas in the building. Heat recovery systems can also be used to heat all areas in the building or to cool all areas in the building; however, heat recovery systems can also be used to heat some areas and to cool other areas at the same time.

Chillers required for traditional air conditioning systems often require cranes for installation. VRF systems are typically lightweight and modular. Each module can be transported easily and fitted into a standard elevator, reducing installation costs.

A building cooled by a conventional system requires ductwork for the building's HVAC system and for the building's ventilation system. In a building cooled by a VRF system, the ductwork can be small and lighter in weight, because ductwork would be required only for the building's ventilation system. This may reduce building height and costs. The relatively light weight of the ventilation system may also reduce requirements for structural reinforcement of the roof.

Because VRF systems do not require ducts, they are particularly suitable for retrofitting historical buildings and other existing buildings with no air conditioning.

Finally, because the condensing units in a VRF system are normally placed outdoors, the need for a machine room may be eliminated.

Under this rule, Section 503.3.1 of the ECCCNYS would be amended to provide that supply air economizers will not be required for (1) VRF air conditioning and heat pump systems (multi-split systems) that employ multiple indoor DX type fan coils sharing a common compressor(s) and condenser(s) and meet Addendum cp to ASHRAE 90.1-2007, or (2) building HVAC systems that do not incorporate central fan systems for mechanical cooling in any portion of the system(s).

The subject of this rule making makes it highly unlikely that any one will object to its adoption. Rather than impose a requirement upon a regulated party, the this rule will add new exceptions to Section 503.3.1 of the ECCCNYS that will permit, but not require, builders, engineers, architects, and building owners to use VRF technology. The Department of State believes that it is not likely that any interested party will object to the adoption of this rule.

Job Impact Statement

The Department of State has concluded after reviewing the nature and purpose of the proposed rule that it will not have a substantial adverse impact on jobs and employment opportunities in New York.

The State energy conservation construction code (the "Energy Code") is a building energy code adopted pursuant to Article 11 of the Energy Law. The provisions of the Energy Code are set forth in the Energy Conservation Construction Code of New York State (the "ECCCNYS"), a publication that is incorporated by reference in Part 1240 of Title 19 of the NYCRR, and in certain reference standards which are mentioned in the ECCCNYS and which are also incorporated by reference in Part 1240. Section 503.3.1 of the ECCCNYS currently provides that supply air economizers must be provided for cooling systems of 54,000 or more Btu/hour in climate zones 4, 5 and 6. This rule would amend Section 503.3.1 of the ECCCNYS to provide that an economizer need not be used in certain Variable Refrigerant Flow ("VRF") cooling systems.

An economizer is a duct and damper arrangement and automatic control system used in conventional cooling systems. An economizer allows a cooling system to supply outside air, reducing or eliminating the need for mechanical cooling during mild or cool weather. VRF systems, by their nature and design, do not use air handling units. However, Section 503.3.1 of the ECCCNYS does not currently except VRF systems for the economizer requirement. As a result, Section 503.3.1 now effectively precludes the use of VRF systems.

This rule will permit, but not require, building owners to use VRF systems rather than conventional cooling systems. In many cases, this may reduce building costs and result in energy savings. This may also permit historical buildings and other existing buildings that do not now have air conditioning to be retrofitted with air conditioning. The Department finds that it is evident from the subject matter of the rule that it will have no adverse impact on jobs and employment opportunities.