Working group divided on adopting residential building code; report urges training and voluntary compliance

Representative Scott Campbell, chair of the Building Energy Code working group, presented the group's short final report, saying the widest agreement among stakeholders was "increasing energy code compliance, perhaps even more than energy efficiency, is deeper engagement with education and training" to improve construction quality, durability and safety.

The working group debated whether to adopt a residential building code. Campbell told members the proposal was "not supported by a by a narrow vote, for in favor, 5 against," and that several participants abstained because they considered themselves outside the set of directly affected stakeholders. Supporters argued a state-level building code would create a consistent "standard of care" for builders, insurers and courts; opponents raised concerns about adding regulatory cost amid Vermont's housing affordability challenges.

The report and discussion emphasized a package of voluntary measures intended to raise compliance without immediate regulation: creating a task force or advisory group to assist the Office of Professional Regulation (OPR) and the Division of Fire Safety (DFS) on contractor registry updates and voluntary certifications; centralizing energy-compliance certificates; expanding and tailoring an existing statutory "energy module" required for certain trades to be more relevant; and using energy-efficiency utilities (EEUs) for outreach, incentives and technical assistance. Campbell also mentioned the potential use of RGGI funds to support implementation.

Panelists highlighted a substantive technical change in the 2024 model energy code: a mechanical ventilation requirement that often requires a heat-recovery ventilator or ductwork, making retrofits expensive and technically difficult to add after construction. As Campbell put it, installing mechanical ventilation "is hard to add later because it's hard to run ductwork," and members estimated that adding mechanical ventilation to some homes can be a material additional expense.

Campbell said he plans two pieces of legislation: one to enhance voluntary compliance by establishing a timeline for eventual adoption of a residential building code and creating the task force to support registries and certifications; and a second bill to designate DFS as the sole authority having jurisdiction over building codes (which he acknowledged may not advance). The meeting recorded requests from builders for a statutory "safe harbor" to protect builders who filed compliance certificates under the 2020 code from retroactive liability if the state adopts 2024 requirements.

The session closed with agreement to circulate written comments (PSD will submit written testimony) and to continue discussions as the draft bills are finalized. A formal Public Service Department rulemaking hearing was noted as scheduled for Feb. 2 to implement aspects of the governor's executive order on housing and code timing.

The story focuses on discussion and proposals; no formal legislative votes or statutory changes were recorded at this meeting.