Comment #1Amendment: Proposed MINHERS Addendum 43, Implementation of MINHERS Standards, Draft PDS-01Page Number: 502.3.2Paragraph / Figure / Table / Note: 502.3.3Comment Intent: Not an ObjectionComment Type: GeneralComment: This language makes the timeline for the implementation of new standards clear to all raters and providers. Proposed Change: No changes suggested.
This language makes the timeline for the implementation of new standards clear to all raters and providers.
No changes suggested.
Comment #2Amendment: Proposed MINHERS Addendum 43, Implementation of MINHERS Standards, Draft PDS-01Page Number: 3Paragraph / Figure / Table / Note: Definition of Effective Date and Transition Period End DateComment Intent: ObjectionComment Type: GeneralComment: The revised definition of Effective Date removes a reference to when Approved Software Rating Tools must be approved and listed, and no such language has been added elsewhere.This creates ambiguity about the intended date by which Approved Software Rating Tools must be approved and listed. Without any explicit guidance, one can imply that the software must be approved and listed by the Transition Period End Date. That is because a Dwelling Unit or Sleeping Unit whose Building Permit Date is after the Transition Period End Date cannot be rated without following the applicable new amendment. Therefore, if software changes are required to implement the applicable amendment, then this is the latest date that the software can be updated if the rating is to proceed. For this reason, two informative footnotes are proposed to clarify this implied intent. Proposed Change: • Effective Date – The date on which an amendment approved for publication shall be first allowed, but not required, to be used on any Dwelling Unit or Sleeping Unit.1 1. (Informative Note): For an amendment that requires a change to an Approved Software Rating Tool, the Approved Software Rating Tool is not required to be updated by the Effective Date; however, a Dwelling Unit or Sleeping Unit cannot be rated using the amendment until the Approved Software Rating Tool is updated. • Transition Period End Date - The date that concludes the Transition Period. An amendment shall be required to be used for a Dwelling Unit or Sleeping Unit whose Building Permit Date is after this date. When the Building Permit Date is unavailable, the date of the HERS Rater or RFI's first site visit is permitted to be used.2 2. (Informative Note): For an amendment that requires a change to an Approved Software Rating Tool, a Dwelling Unit or Sleeping Unit whose Building Permit Date is after the Transition Period End Date cannot be rated until the Approved Software Rating Tool has been updated.
The revised definition of Effective Date removes a reference to when Approved Software Rating Tools must be approved and listed, and no such language has been added elsewhere.This creates ambiguity about the intended date by which Approved Software Rating Tools must be approved and listed.
Without any explicit guidance, one can imply that the software must be approved and listed by the Transition Period End Date. That is because a Dwelling Unit or Sleeping Unit whose Building Permit Date is after the Transition Period End Date cannot be rated without following the applicable new amendment. Therefore, if software changes are required to implement the applicable amendment, then this is the latest date that the software can be updated if the rating is to proceed.
For this reason, two informative footnotes are proposed to clarify this implied intent.
• Effective Date – The date on which an amendment approved for publication shall be first allowed, but not required, to be used on any Dwelling Unit or Sleeping Unit.1
1. (Informative Note): For an amendment that requires a change to an Approved Software Rating Tool, the Approved Software Rating Tool is not required to be updated by the Effective Date; however, a Dwelling Unit or Sleeping Unit cannot be rated using the amendment until the Approved Software Rating Tool is updated.
• Transition Period End Date - The date that concludes the Transition Period. An amendment shall be required to be used for a Dwelling Unit or Sleeping Unit whose Building Permit Date is after this date. When the Building Permit Date is unavailable, the date of the HERS Rater or RFI's first site visit is permitted to be used.2
2. (Informative Note): For an amendment that requires a change to an Approved Software Rating Tool, a Dwelling Unit or Sleeping Unit whose Building Permit Date is after the Transition Period End Date cannot be rated until the Approved Software Rating Tool has been updated.
Comment #3Amendment: Proposed MINHERS Addendum 43, Implementation of MINHERS Standards, Draft PDS-01Page Number: 3Paragraph / Figure / Table / Note: Definition of Effective DateComment Intent: ObjectionComment Type: TechnicalComment: The specification stating the following: "For an amendment that requires a change to Approved Software Rating Tools, the date by which updated Approved Software Tools shal be approved and listed." Should not be stricken from the provisions of this addendum. Proposed Change: Reinsert the statement "For an amendment that requires a change to Approved Software Rating Tools, the date by which updated Approved Software Tools shal be approved and listed" back into the addendum.
The specification stating the following:
"For an amendment that requires a change to Approved Software Rating Tools, the date by which updated Approved Software Tools shal be approved and listed."
Should not be stricken from the provisions of this addendum.
Reinsert the statement "For an amendment that requires a change to Approved Software Rating Tools, the date by which updated Approved Software Tools shal be approved and listed" back into the addendum.
Comment #4Amendment: Proposed MINHERS Addendum 43, Implementation of MINHERS Standards, Draft PDS-01Page Number: Pages 1 and 3Comment Intent: ObjectionComment Type: TechnicalComment: Comment Background Statement: Addendum 43 modifies requirements for implementation of RESNET MINHERS amendments established by Addendum 32f. The intent and purpose for the development of Addendum 32 was to establish a predictable schedule for changes to standards governing the rating industry. The criteria established by Addendum 32 apply to all standards governing the RESNET HERS including training and rater certification, quality assurance as well as the technical standards for testing, inspections and ratings. Interim Addendum 32i first established a set schedule for when amendments would be implemented by using the traditional and familiar Effective Date parameter. Dates when changes to standards would be implemented were established as January 1 or July 1 each year. Interim addenda must be replaced by final addenda and during development of Addendum 32f (final) the Transition Period was formally added to the amendment implementation protocol. The Transition Period End Date became the mandatory compliance date when a Transition Period is defined so the Effective Date is no longer the traditional date on which compliance is required. The original purpose of Addendum 32 is no longer clearly realized by Addendum 32f. RESNET is currently involved in a process of evaluating the MINHERS standards and redrafting current language to provide better clarity of requirements for HERS practitioners. Codification of requirements is conventional practice in the development of standards but can be overly arcane and unwieldy for practitioners to utilize. RESNET’s project is intended to provide clear statements of requirements in plain language appropriate to raters, providers and users of its MINHERS standards. The Addendum 32f protocol issue that the Effective Date is no longer necessarily the date on which compliance is required results in an awkwardness in communicating the amendment implementation dates with industry. This comment proposes changes to draft PDS-01 Addendum 43 that provide a simpler and more direct means of communicating the most consistently important date to practitioners, the date when compliance becomes mandatory. A second weakness of Addendum 32f is that it is biased toward MINHERS addenda that apply to the HERS technical standards. It should be general enough to apply to the standards for training, certification and quality assurance as well. This comment also proposes changes to draft PDS-01 Addendum 43 to remedy this deficiency. Comment Proposed Changes General: The central proposal of this comment is to introduce the term “Mandatory Compliance Date”. The term is literal and requires no elaborate definition. Years of experience with regulation have shown this commenter the date most important to practitioners whose business and work are subject to standards is the date compliance with changes is mandatory. Adding this term to the addendum allows the use of one term that covers the case where the Effective Date is the date compliance is mandatory, i.e. no Transition Period authorized, and the case where the Transition Period End Date is the date compliance is mandatory. The Default dates January 1 and July 1 will apply to this date and thereby clearly and firmly establish a predictable schedule for implementation of changes to requirements, the original purpose of Addendum 32. Justifications Proposed Change: Change Section 103.3 When ratings must use new versions of software: Replace “Transition Period End Date” with new term “Mandatory Compliance Date”. There is no requirement that a Transition Period must be provided. The new term will cover both when a Transition Period is authorized and when it will not. See changes to section 502.4 for critical correlating requirements. 103.3 Rating Software Changes When a new version of an Approved Software Rating Tool is released, the new version shall be used for Ratings on Dwelling Units or Sleeping Units with a Building Permit Date on and after the earliest of the following timelines: i. The 6-month anniversary of the software release date, ii. If the software version was released in response to an amendment to the rating standards adopted pursuant to section 303, the Mandatory Compliance Date defined Transition Period End Date determined pursuant to section 502.4, 502.3.2, iii. A date specified by the RESNET Board of Directors. Change Section 502.3.2 List of dates to be posted online with amendments: Add “Mandatory Compliance Date” to the list of dates that are to be posted online with amendments. Revise the identification language for Effective Date to apply to Mandatory Compliance Date so it: explicitly states it is the date voluntary compliance begins; applies to more than just ratings technical standard amendments, and; removes the presumed requirement that software must be updated by the Effective Date. The sentence does not clearly state software must be updated by the Effective Date though that may have been the drafters’ intent. This commenter does not believe RESNET needs to regulate when software providers must have their software updated other than by the Mandatory Compliance Date. The software users will pressure software providers to provided updated software as quickly as possible. Those software providers who can provide updates closer to the time amendments can first be used, the Effective Date, will have a market advantage. However, should RESNET decide it will regulate when software providers must provide updated software, that needs to be effected by a separate section and stated clearly. 502.3.2 Each amendment shall be posted online following approval for publication by the Standards Management Board with its Publication Date, Effective Date, Transition Period, and Transition Period End Date, and the public shall be notified.Each amendment shall be posted online, and the public shall be notified, following approval for publication by the Standards Management Board with the following dates defined: • Publication Date - The date on which an amendment is officially approved for publication with a title and/or reference number. This date indicates that an amendment is final, but it shall not be used until the Effective Date. • Effective Date – The date on which voluntary compliance with an amendment approved for publication shall be first allowed, but not required, to be used on any Dwelling Unit or Sleeping Unit. For an amendment that requires a change to Approved Software Rating Tools, the date by which updated Approved Software Rating Tools shall be approved and listed. • Mandatory Compliance Date – The date on which compliance with an amendment approved for publication shall be required. • Transition Period – A The period of time beginning on the Effective Date, during which an amendment shall be allowed, but not required, to be used for any Dwelling Unit or Sleeping Unit. • Transition Period End Date - The date that concludes the Transition Period. An amendment shall be required to be used for a Dwelling Unit or Sleeping Unit whose Building Permit Date is after this date. When the Building Permit Date is unavailable, the date of the HERS Rater or RFI's first site visit is permitted to be used. Change Section 502.4 Defining Effective Date to Defining Mandatory Compliance Date: As explained previously, the Effective Date was understood to be the mandatory compliance date prior to Addendum 32f but now the mandatory compliance date can be either the Effective Date or the Transition Period End Date. Adding the new term and applying the January 1 and July 1 criteria for default mandatory compliance dates with exceptions from the Addendum 32f Effective Date governing section will make Chapter 5 consistent with the original purpose for the amendment implementation protocol. 502.4 Defining the Mandatory Compliance Date for an Amendment. The date on which compliance with an amendment is required shall be the Transition Period End Date, or when no Transition Period is defined by the Standards Management Board the Mandatory Compliance Date shall be the Effective Date. The Mandatory Compliance Date for each amendment shall be defined by the Standard Management Board in accordance with the following schedule. Defining the Effective Dates for an Amendment. The Effective Date for each amendment shall be defined by the Standard Management Board in accordance with the following schedule. 502.4.1 The default Mandatory Compliance Date Effective Date for an amendment shall be the earlier of the January 1 or the July 1 following its Publication Date. If the earlier of January 1 or July 1or, if that date is less than 30 days after its Publication Date, then the Mandatory Compliance Date shall be the January 1 or the July 1 that follows. The Mandatory Compliance Date shall be not less than 30 days after the Publication Date. 502.4.2 A non-default Mandatory Compliance Date Effective Date is permitted to be defined under the following circumstances: 502.4.2.1 The Mandatory Compliance Date Effective Date of an Interim RESNET Standard or Addendum is permitted to be before the default Mandatory Compliance Date. Effective Date. 502.4.2.2 The Mandatory Compliance Date Effective Date of an amendment that is optional in nature and does not disallow existing methods or procedures2 is permitted to be before the default Mandatory Compliance Date. Effective Date. Add New Section 502.5 Defining Effective Date: Change the criteria for defining the Effective Date by creating a new section and retaining the criteria from Addendum 32f that still apply, the 30 day after Publication Date rule and the 60 day after Publication Date rule if an amendment requires software updates. Revise the language of renumbered section 502.5.2 on the 60 day rule for consistency with the format of 502.5.1. Also, as currently written the section could be interpreted to mean that the rule applies only to the those amendments that explicitly govern the updating and accreditation of software. 502.5 Defining the Effective Dates for an Amendment. The Effective Date for each amendment shall be defined by the Standard Management Board in accordance with the following schedule. 502.5.1 The Effective Date shall be not less than 30 days after the Publication Date. Exception: RESNET Interim Standards or Addenda. 502.5.2 502.4.3 The Effective Date forFor amendments that result in a need forrequire Approved Software Rating Tools to be updated shall be not less than 60 days after the Publication Date. and accredited, the Effective Dateis permitted to be after the default Effective Date at the discretion of the Standards Management Board, and shall not be less than 60 days after the Publication Date. Change Section 502.5 Defining Transition Period and renumber the section 502.6: Remove “typically” from the standard. Not good standards language. Restate the flexibility to exceed a 6 month Transition Period as an exception. 502.6 502.5 Defining the Transition Period for an Amendment. The Transition Period for each amendment shall be defined by the Standards Management Board in accordance with the anticipated magnitude of preparation required to implement the amendment. The Transition Period is permitted to be as little as zero days for an amendment that does not require preparation and shall typically not exceed six months. Exception: The Standards Management Board may define a Transition Period that exceeds six months based on a finding that industry cannot adapt to the level of change effected by an amendment.
Comment Background Statement: Addendum 43 modifies requirements for implementation of RESNET MINHERS amendments established by Addendum 32f. The intent and purpose for the development of Addendum 32 was to establish a predictable schedule for changes to standards governing the rating industry. The criteria established by Addendum 32 apply to all standards governing the RESNET HERS including training and rater certification, quality assurance as well as the technical standards for testing, inspections and ratings. Interim Addendum 32i first established a set schedule for when amendments would be implemented by using the traditional and familiar Effective Date parameter. Dates when changes to standards would be implemented were established as January 1 or July 1 each year. Interim addenda must be replaced by final addenda and during development of Addendum 32f (final) the Transition Period was formally added to the amendment implementation protocol. The Transition Period End Date became the mandatory compliance date when a Transition Period is defined so the Effective Date is no longer the traditional date on which compliance is required. The original purpose of Addendum 32 is no longer clearly realized by Addendum 32f. RESNET is currently involved in a process of evaluating the MINHERS standards and redrafting current language to provide better clarity of requirements for HERS practitioners. Codification of requirements is conventional practice in the development of standards but can be overly arcane and unwieldy for practitioners to utilize. RESNET’s project is intended to provide clear statements of requirements in plain language appropriate to raters, providers and users of its MINHERS standards. The Addendum 32f protocol issue that the Effective Date is no longer necessarily the date on which compliance is required results in an awkwardness in communicating the amendment implementation dates with industry. This comment proposes changes to draft PDS-01 Addendum 43 that provide a simpler and more direct means of communicating the most consistently important date to practitioners, the date when compliance becomes mandatory. A second weakness of Addendum 32f is that it is biased toward MINHERS addenda that apply to the HERS technical standards. It should be general enough to apply to the standards for training, certification and quality assurance as well. This comment also proposes changes to draft PDS-01 Addendum 43 to remedy this deficiency.
Comment Proposed Changes General: The central proposal of this comment is to introduce the term “Mandatory Compliance Date”. The term is literal and requires no elaborate definition. Years of experience with regulation have shown this commenter the date most important to practitioners whose business and work are subject to standards is the date compliance with changes is mandatory. Adding this term to the addendum allows the use of one term that covers the case where the Effective Date is the date compliance is mandatory, i.e. no Transition Period authorized, and the case where the Transition Period End Date is the date compliance is mandatory. The Default dates January 1 and July 1 will apply to this date and thereby clearly and firmly establish a predictable schedule for implementation of changes to requirements, the original purpose of Addendum 32. Justifications
Change Section 103.3 When ratings must use new versions of software: Replace “Transition Period End Date” with new term “Mandatory Compliance Date”. There is no requirement that a Transition Period must be provided. The new term will cover both when a Transition Period is authorized and when it will not. See changes to section 502.4 for critical correlating requirements.
103.3 Rating Software Changes When a new version of an Approved Software Rating Tool is released, the new version shall be used for Ratings on Dwelling Units or Sleeping Units with a Building Permit Date on and after the earliest of the following timelines: i. The 6-month anniversary of the software release date, ii. If the software version was released in response to an amendment to the rating standards adopted pursuant to section 303, the Mandatory Compliance Date defined Transition Period End Date determined pursuant to section 502.4, 502.3.2, iii. A date specified by the RESNET Board of Directors.
Change Section 502.3.2 List of dates to be posted online with amendments: Add “Mandatory Compliance Date” to the list of dates that are to be posted online with amendments. Revise the identification language for Effective Date to apply to Mandatory Compliance Date so it: explicitly states it is the date voluntary compliance begins; applies to more than just ratings technical standard amendments, and; removes the presumed requirement that software must be updated by the Effective Date. The sentence does not clearly state software must be updated by the Effective Date though that may have been the drafters’ intent. This commenter does not believe RESNET needs to regulate when software providers must have their software updated other than by the Mandatory Compliance Date. The software users will pressure software providers to provided updated software as quickly as possible. Those software providers who can provide updates closer to the time amendments can first be used, the Effective Date, will have a market advantage. However, should RESNET decide it will regulate when software providers must provide updated software, that needs to be effected by a separate section and stated clearly.
502.3.2 Each amendment shall be posted online following approval for publication by the Standards Management Board with its Publication Date, Effective Date, Transition Period, and Transition Period End Date, and the public shall be notified.Each amendment shall be posted online, and the public shall be notified, following approval for publication by the Standards Management Board with the following dates defined: • Publication Date - The date on which an amendment is officially approved for publication with a title and/or reference number. This date indicates that an amendment is final, but it shall not be used until the Effective Date. • Effective Date – The date on which voluntary compliance with an amendment approved for publication shall be first allowed, but not required, to be used on any Dwelling Unit or Sleeping Unit. For an amendment that requires a change to Approved Software Rating Tools, the date by which updated Approved Software Rating Tools shall be approved and listed. • Mandatory Compliance Date – The date on which compliance with an amendment approved for publication shall be required. • Transition Period – A The period of time beginning on the Effective Date, during which an amendment shall be allowed, but not required, to be used for any Dwelling Unit or Sleeping Unit. • Transition Period End Date - The date that concludes the Transition Period. An amendment shall be required to be used for a Dwelling Unit or Sleeping Unit whose Building Permit Date is after this date. When the Building Permit Date is unavailable, the date of the HERS Rater or RFI's first site visit is permitted to be used.
Change Section 502.4 Defining Effective Date to Defining Mandatory Compliance Date: As explained previously, the Effective Date was understood to be the mandatory compliance date prior to Addendum 32f but now the mandatory compliance date can be either the Effective Date or the Transition Period End Date. Adding the new term and applying the January 1 and July 1 criteria for default mandatory compliance dates with exceptions from the Addendum 32f Effective Date governing section will make Chapter 5 consistent with the original purpose for the amendment implementation protocol.
502.4 Defining the Mandatory Compliance Date for an Amendment. The date on which compliance with an amendment is required shall be the Transition Period End Date, or when no Transition Period is defined by the Standards Management Board the Mandatory Compliance Date shall be the Effective Date. The Mandatory Compliance Date for each amendment shall be defined by the Standard Management Board in accordance with the following schedule. Defining the Effective Dates for an Amendment. The Effective Date for each amendment shall be defined by the Standard Management Board in accordance with the following schedule. 502.4.1 The default Mandatory Compliance Date Effective Date for an amendment shall be the earlier of the January 1 or the July 1 following its Publication Date. If the earlier of January 1 or July 1or, if that date is less than 30 days after its Publication Date, then the Mandatory Compliance Date shall be the January 1 or the July 1 that follows. The Mandatory Compliance Date shall be not less than 30 days after the Publication Date. 502.4.2 A non-default Mandatory Compliance Date Effective Date is permitted to be defined under the following circumstances: 502.4.2.1 The Mandatory Compliance Date Effective Date of an Interim RESNET Standard or Addendum is permitted to be before the default Mandatory Compliance Date. Effective Date. 502.4.2.2 The Mandatory Compliance Date Effective Date of an amendment that is optional in nature and does not disallow existing methods or procedures2 is permitted to be before the default Mandatory Compliance Date. Effective Date.
Add New Section 502.5 Defining Effective Date: Change the criteria for defining the Effective Date by creating a new section and retaining the criteria from Addendum 32f that still apply, the 30 day after Publication Date rule and the 60 day after Publication Date rule if an amendment requires software updates. Revise the language of renumbered section 502.5.2 on the 60 day rule for consistency with the format of 502.5.1. Also, as currently written the section could be interpreted to mean that the rule applies only to the those amendments that explicitly govern the updating and accreditation of software.
502.5 Defining the Effective Dates for an Amendment. The Effective Date for each amendment shall be defined by the Standard Management Board in accordance with the following schedule. 502.5.1 The Effective Date shall be not less than 30 days after the Publication Date. Exception: RESNET Interim Standards or Addenda. 502.5.2 502.4.3 The Effective Date forFor amendments that result in a need forrequire Approved Software Rating Tools to be updated shall be not less than 60 days after the Publication Date. and accredited, the Effective Dateis permitted to be after the default Effective Date at the discretion of the Standards Management Board, and shall not be less than 60 days after the Publication Date.
Change Section 502.5 Defining Transition Period and renumber the section 502.6: Remove “typically” from the standard. Not good standards language. Restate the flexibility to exceed a 6 month Transition Period as an exception.
502.6 502.5 Defining the Transition Period for an Amendment. The Transition Period for each amendment shall be defined by the Standards Management Board in accordance with the anticipated magnitude of preparation required to implement the amendment. The Transition Period is permitted to be as little as zero days for an amendment that does not require preparation and shall typically not exceed six months. Exception: The Standards Management Board may define a Transition Period that exceeds six months based on a finding that industry cannot adapt to the level of change effected by an amendment.
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