IBA Compliance Connection

Your go to source for compliance!

Is there a new law or regulation in Illinois that requires homes to be certified as energy efficient? We are trying to determine whether a new construction home will need to be inspected and certified.

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Yes, construction of a new residence generally must be certified to be in compliance with the Illinois Energy Conservation Code, unless an exemption applies.

The Illinois Energy Efficient Building Act and its administrative rules require residential construction projects that require building permits to adhere to a comprehensive statewide energy conservation code. The local unit of government generally is responsible for determining compliance with the Illinois Energy Conservation Code, but minimum compliance requires a certificate from the U.S. Department of Energy’s compliance tool and the seal of the architect or engineer.

Note that certain buildings are exempt from this requirement, including buildings that are exempt from local building codes, buildings that do not contain a conditioned space, buildings that do not use electricity or fossil fuel for comfort conditioning, historic buildings, and any buildings that are exempt from the International Energy Conservation Code.

More information about the code and its requirements are available on the Illinois Department of Commerce & Economic Opportunity’s website, which is linked to in our resources below.

For resources related to our guidance, please see:

  • Energy Efficient Building Act, 20 ILCS 3125/15 (“Energy Efficient Building Code. The Board, in consultation with the Department, shall adopt the Code as minimum requirements for commercial buildings, applying to the construction of, renovations to, and additions to all commercial buildings in the State. The Board, in consultation with the Department, shall also adopt the Code as the minimum and maximum requirements for residential buildings, applying to the construction of all residential buildings in the State, except as provided for in Section 45 of this Act.”)
  • 71 Ill. Admin. Code 600.420(a) (“Construction projects involving residential buildings and for which a municipality or county requires a building permit must comply with the Illinois Energy Conservation Code if the project involves new construction, addition, alteration, renovation or repair.”)
  • 71 Ill. Admin. Code 600.430(a) (“Compliance with the Illinois Energy Conservation Code as described by this Subpart D (applicable to residential buildings) shall be determined by the local [authority having jurisdiction].”)
  • 71 Ill. Admin. Code 600.430(b) (“Minimum compliance shall be demonstrated by submission of: (1) Compliance Certificates generated by the U.S. Department of Energy's REScheck code compliance tool; or (2) Other comparable compliance materials that meet or exceed, as determined by the AHJ, U.S. Department of Energy's REScheck code compliance tool; or (3) The seal of the architect/engineer as required by Section 14 of the Illinois Architecture Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325].”)
  • Energy Efficient Building Act, 20 ILCS 3125/20(b) (“The following buildings shall be exempt from the Code: (1) Buildings otherwise exempt from the provisions of a locally adopted building code and buildings that do not contain a conditioned space. (2) Buildings that do not use either electricity or fossil fuel for comfort conditioning. For purposes of determining whether this exemption applies, a building will be presumed to be heated by electricity, even in the absence of equipment used for electric comfort heating, whenever the building is provided with electrical service in excess of 100 amps, unless the code enforcement official determines that this electrical service is necessary for purposes other than providing electric comfort heating. (3) Historic buildings. This exemption shall apply to those buildings that are listed on the National Register of Historic Places or the Illinois Register of Historic Places, and to those buildings that have been designated as historically significant by a local governing body that is authorized to make such designations. . . .(5) Other buildings specified as exempt by the International Energy Conservation Code.”)