Q&A: 2024 MA Building Code Changes

Along with welcoming the new year, our team is also prepared for the impactful changes from the latest updates to the Massachusetts Building Code. Senior Project Manager Trevor O'Leary explores the current updates and highlights fundamental anticipated changes that will impact how we approach projects moving forward.

What does the new Multi-Family Zoning Requirement for MBTA Communities Act set out to accomplish?

The new Multi-Family Zoning Requirement for MBTA Communities Act allows for multi-family housing (“MFH”) by-right around transit stations, particularly with low ridership, to increase revenue for the MBTA while offering more housing options. Newton is one of the few MBTA communities to date to adopt the act, but more transit towns are working toward adopting this zoning bylaw over time.  

Can you share an overview of the terms for the Multi-Family Zoning Requirement for MBTA Communities law?

The state requirements are a 50-acre zoning district at a minimum within a half-mile of any transit station that would allow for MFH by right with a density of at least 15 units per acre without a special permit. However, each municipality may implement the zoning requirements in its own way. The state has evaluated the number of housing units that can be added to each transit community. Cities and towns can elect to comply with or opt out of working with the numbers the state has presented. Opting out of the state’s regulations would affect the amount of state funding a city or town may receive. 

Newton, for instance, has decided to opt into the new law and concentrate on transit housing around the village centers. Newton’s new village center zoning ordinance has created three new districts surrounded by several of the villages along the commuter rail and green line. 

What are the recent changes to the MA energy stretch code?

The changes to the energy stretch code have created more stringent energy standards for housing. The Home Energy Rating System (HERS) Index has been introduced as the standard for measuring whether a home complies with the new energy efficiency models. Past standards, such as the prescriptive method, where an architecture firm could provide insulation values that a builder could work with to meet energy standards, are no longer sufficient. Now, any new construction or renovations adding more than 1,000 SF have to comply with a HERS rating score or meet Passive House standards. 

Please share how the HERS Index will impact new housing and additions. 

The HERS rating score looks at more than just the insulation values. For instance, it evaluates how tight a house is, how many air changes per hour, the type of heating, the orientation of the building on the site in relation to the sun, the capacity for solar energy, and whether or not solar panels have been installed. The HERS Index has two different ratings based on whether the house has electric heat or mixed fuel. 

As of January 1, new houses and additions over 1,000 SF in Newton must comply with a specialized stretch code that meets a lower HERS rating. The lower the HERS rating, the tighter and more energy-efficient a house is considered. Home inspections won’t necessarily be more stringent, though; a blower door test and a HERS analysis will determine the HERS score. The HERS rating consultant will evaluate the house once it has been framed, the mechanicals have been installed, and it has been insulated, and check for the building for air tightness in order to develop a strategy for energy efficiency improvements. This analysis will propose the various features of the building, such as insulation values, fuel type, utilities, and mechanicals, and will be submitted with the building permit. 

Another HERS evaluation will be done before the final inspection to ensure all initial metrics are met. A final HERS report on the building must be submitted to the city before an occupancy permit can be obtained. 

What are the new regulations surrounding solar power? 

The stretch code requires architecture firms to provide solar analysis studies indicating the solar-ready roof areas of a building. Every new building or addition over 1,000 SF of finished, habitable space now has to have a minimum of 300 SF of solar-ready roof area, which must be shown on the design plans. 

Several cities and towns in MA, such as Newton, have adopted a new specialized stretch code for solar power. Under the new specialized code, homes with a fuel source that is not electric – such as gas heat – will need to install solar panels at the time of construction. Building roof designs will now have to accommodate the new and existing regulations around solar panel installation areas. 

Are there any other significant new MA energy codes for housing?

For new homes or additions over 1,000 SF in MA, Energy Recovery Ventilators (ERVs) will have to be installed for any vents that leave the house, such as a bath fan, hood vent, or dryer vent. The ERVs will capture and retain heat in the interior space while separating and discharging humidity outside. Mechanical contractors will be responsible for installing the ERVs for housing. 

Another specialized stretch code to note is that some cities and towns have adopted the need to provide a circuit for electric vehicle chargers in buildings. 

When will the 10th Edition of the MA State Building Code be enacted? 

MA is preparing to roll out the 10th edition of the State Building Code, moving us from the International Building Code’s 2015 edition to the 2021 edition. A draft of the new edition has been prepared and is currently under review. It’s anticipated to be rolled out later this year. 

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