Indiana

The first statewide energy code was adopted December 1, 1979. The code was based on the 1977 "Model Code for Energy Conservation in New Building Construction." It applied to both residential and commercial structures. Modifications to this code dealt with non technical administrative issues. On October 1, 1984, a revised code, the IECC (1984 edition), became effective statewide. This code was based on the 1983 MEC with state amendments and applied to all residential and commercial construction. On December 31, 1992, a new code based on the 1992 MEC with state amendments became effective. Although the HVAC requirements were updated to comply with the National Appliance Energy Conservation Act, the electrical power and lighting requirements of the 1979 code were retained.

During its September 6, 2006 meeting, the Fire Prevention and Building Safety Commission decided not to pursue the adoption of the IECC as a commercial code for Indiana. It will continue to enforce the Indiana Energy Code of 1992.

In February 2009, legislators in the House of Representatives of the Indiana General Assembly introduced bills that would have required the state to adopt the latest edition of either the International Energy Conservation Code (IECC) or ASHRAE Standard 90.1 by July 1, 2010, and any subsequent editions within two years of their publication. A companion Senate bill was also introduced, though it only called for adoption of the latest IECC by July 1, 2010, and adoption of subsequent editions 18 months after their publication. 

Governor Mitch Daniels vetoed HB 1348 that would have adopted the 2009 IECC or ASHRAE Standard 90.1-2007 for commercial buildings. The governor's veto message called the bill "good policy," but also "superfluous." He cited a need to prevent redundant "clutter" within Indiana law given his direction to the state Fire Prevention and Building Safety Commission to begin the process to update the state's energy codes months beforehand.  

Though the bill passed both chambers of the legislature by near-unanimous majorities (47-2 in the Senate, 96-0 in the House), the prospects for a legislative override of the veto are uncertain as of mid-June 2009. The regular legislative session ended in late April, but a special session regarding the state budget will begin in on or around June 15. Given the primary fiscal focus of this session, it will be left to the leadership of both chambers whether potential overrides of non-budgetary vetoes will be addressed. If not, the Legislature will not likely return to this issue before November 2009.  

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After months of rulemaking and administrative review procedures, the Indiana Fire Prevention and Building Safety Commission has successfully completed work on the first substantial commercial energy code update in nearly two decades. Effective May 6, the 2010 Indiana Energy Conservation Codereferences ASHRAE Standard 90.1-2007, as amended, for Class 1 structures (commercial buildings and residential buildings with three or more dwelling units). As part of the state’s new rule adoption process, the Rule #09-388 wasapproved by the Commission in December 2009, adding 675 IAC 19-4 to the Indiana Administrative Code. The rule was approved by the Attorney General and Governor on March 30 and became effective 30 days after its filing date of April 6.

The Commission will continue work during summer 2010 updating the state’s residential energy code to the 2009 IECC.