EPA
WaterSense
Response to Public Comments
Received on December 2008
Draft WaterSense® New Home Certification System
June 25, 2009
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Response to Comments on the Draft
WaterSense New Home Certification System
This document provides WaterSense's responses to public comments received on the
December 18, 2008 Draft WaterSense New Homes Certification and Labeling System.
The actual comments can be viewed at
ttp://www.epa.gov/watersense/specs/homes_certification.htm.
June 25, 2009
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Response to Comments on the Draft
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Issue Page
I. General Comments 4
III. Procedures and Requirements for Builder Partners 7
IV. Procedures and Requirements for Water-Efficiency Home Inspectors 8
V. Procedures and Requirements for Licensed Certification Providers 8
VI. Procedures and Requirements for Program Administrators 9
VII. Suspension and Withdrawal of the WaterSense Label from New Homes 9
June 25, 2009
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Response to Comments on the Draft
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Relationship to Other Building Programs
a. One commenter asked if the draft proposal was a completely free-standing and
self-contained certification system or whether there were opportunities for
existing green building raters to inspect homes for WaterSense.
Response: WaterSense has adopted a free-standing, self-contained new homes
certification system. This stand-alone structure is important for those builders
who may be interested only in addressing the water efficiency of their homes.
EPA does not want to force builders to build and obtain certifications for other
building programs as a pre-requisite for participating in the WaterSense program.
However, the structure mirrors that of other green building programs so that
existing raters can easily participate in the WaterSense new home certification
system. The availability of inspectors that are approved to conduct multiple
inspections will reduce costs for builders and encourage their involvement in the
WaterSense program.
b. One commenter suggested that WaterSense work with existing new homes
programs that include water efficiency measures to encourage their participation.
Response: WaterSense agrees with this recommendation and also plans to
conduct outreach at green building workshops and various conferences that staff
members from these programs are likely to attend.
Sampling Protocol
a. Some commenters recommend that the certification system include sampling
requirements similar to those allowed by the ENERGY STAR program.
Response: WaterSense agrees with this recommendation and has added a
sampling protocol that licensed certification providers can choose to adopt that
will allow a sample of constructed homes to be inspected. While the protocol is
allowed by comparable green building programs and can decrease potential
costs for production builders, it is important to allow licensed certification
providers flexibility.
Due to differences from lot to lot that could impact the installation and operation
of an irrigation system, WaterSense has decided to retain the requirement that
each irrigation system be audited, regardless of whether or not the associated
home is directly inspected or certified through a sampling protocol.
June 25, 2009
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Response to Comments on the Draft
WaterSense New Home Certification System
Cost
a. Some commenters requested that WaterSense provide an estimated cost range
for the certification of new homes.
Response: WaterSense has had conversations with potential program
administrators and certification providers, including certification providers that
have inspected and certified new homes under the WaterSense new homes pilot
program, regarding the cost of the inspection and certification process for
WaterSense. WaterSense estimates that the stand-alone cost to have a home
certified for this program may range from approximately $250 to $400. The cost
may be significantly reduced if the builder is participating in other green building
programs and is utilizing the same inspectors for multiple certifications. EPA
does not have an estimate for the cost of an irrigation system audit at this time.
The installation of an irrigation system is optional and the pricing of the audit will
be dictated by the market.
b. One commenter suggested clarifying that the payment for a home's inspection
not be contingent upon the home passing its inspection.
Response: The timing, method, and amount of the inspection payment is
dictated by the market and set by the licensed certification provider. WaterSense
has clarified that the payment is for certification services, regardless of an
inspection's outcome.
Certification Structure
a. One commenter was concerned that the certification system contained too many
roles, creating an unnecessary overlap in hierarchy and increasing the costs
associated with certification. The commenter suggested that EPA serve as the
program administrator.
Response: WaterSense developed the proposed new home certification system
after careful consideration of how other green building programs operate in order
to ensure the consistency of requirements for certification providers operating
programs for multiple green building programs. This increases the likelihood that
existing certification providers will provide services for multiple programs, leading
to reduced costs for builders.
Furthermore, the structure of the certification system allows WaterSense to
concentrate its resources on future specification development, outreach to
industry professionals, and related marketing efforts. Also, the structure allows
those groups with experience in the oversight of similar programs to continue to
serve that role, maximizing the efficiency of the process.
b. One commenter requested that WaterSense remove the requirement for both the
licensed certification provider and the inspector to sign the certificate for labeled
homes.
5 June 25, 2009
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Response to Comments on the Draft
WaterSense New Home Certification System
Response: WaterSense has decided to maintain the requirement for both parties
to sign the certificate, as the licensed certification provider is the party authorized
by EPA to issue the certificate and the inspector is the party responsible for
verifying that the home meets EPA criteria. However, WaterSense has clarified
that the label may be signed using an electronic signature or stamp to avoid
delays in this process.
Certification System Layout
a. One commenter noted that the draft certification system was hard to follow and
suggested addressing each party's role from the top down, from program
administrator through builder partner.
Response: WaterSense agrees with this comment and has adjusted the order of
the certification system accordingly.
WaterSense Web Site Clarification
a. One commenter noted that the certification system made references to Web
pages that did not exist yet on the WaterSense Web site.
Response: EPA intends to update its Web site with the release of the final
specification, at which time all links will be made available and active. These links
will direct users to the appropriate Web pages for more information on the
certification system and other aspects of the new homes program.
Alternative Methods for Certification
a. One commenter suggested that EPA consider the NAHB Research Certification
to the ANSI approved National Green Building Standard to be sufficient as an
alternative method of compliance in attaining the WaterSense certification.
Response: The WaterSense specification is comprehensive in terms of ensuring
a home's water-efficiency. While there may be some overlap in the water
efficiency requirements between the National Green Building Standard and the
specification, NAHB's standard is a point-based system that does not require
compliance with all of the criteria designated in the WaterSense specification.
NAHB Green Building Verifiers may become trained and approved to perform
inspections for WaterSense, which would allow builders to seek both
certifications in a streamlined manner.
WaterSense does not intend to compete with existing green building programs,
but instead offers a designation that differentiates water-efficient new homes.
Existing programs can incorporate the WaterSense specification into their
guidelines to ensure water efficiency similar to how ENERGY STAR'S new
homes program has been adopted by other green building programs to ensure
energy efficiency.
6 June 25, 2009
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Response to Comments on the Draft
WaterSense New Home Certification System
WaterSense Label/Certificate
a. One commenter requested that WaterSense clarify what type of label will be
used to certify the home.
Response: The WaterSense label will be imprinted on a certificate provided to
the builder partner upon certification.
Builder Partner Registry
a. One commenter asked if builder partners will be required to actually deliver a
WaterSense labeled new home within a specific period of time.
Response: The builder partnership agreement will specify that the builder must
have at least one home certified within one year of partnership and that the
builder must continue to have at least one home certified in each following year.
b. One commenter suggested that WaterSense insert "if applicable" in reference to
a builder partner's Web site.
Response: EPA agrees with this comment and has updated the certification
system.
Builder Partner Marketing Tools
a. One commenter suggested that WaterSense provide guidance on how to refer to
a home under construction as being a "candidate" for the WaterSense label.
Response: Builder partners cannot refer to a home as WaterSense labeled
before it has been certified. However, EPA will provide guidelines and sample
materials for builder partners that discuss marketing of homes throughout the
construction process.
Certification Options for Builder Partners
a. One commenter suggested that WaterSense clarify that builders can "opt-in/opt-
out" on an individual house basis.
Response: WaterSense will not require builders to label every home they build in
order to become partners. The aggregate number of homes submitted to each
licensed certification provider for inspection that do and do not receive
certification will be reported to WaterSense. This procedure provides an incentive
for builder partners to build the home to meet the specification requirements,
correct noncomformities, and follow through with the requirements for labeling,
June 25, 2009
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,i-\ —«>-• Response to Comments on the Draft
Watt!FSense WaterSense New Home Certification System
while providing WaterSense with important feedback about the attainability of the
certification.
IV.
Inspector Training
a. One commenter suggested that WaterSense provide training materials for home
inspectors.
Response: WaterSense and/or the program administrator will train licensed
certification providers to train their inspectors on the WaterSense new homes
program and will provide applicable materials.
Inspector Conflicts of Interest
a. One commenter suggested that WaterSense provide examples of conflicts of
interest and define which conflicts of interest would bar a potential inspector from
participating in the WaterSense program.
Response: WaterSense has provided specific examples of conflicts of interest in
the certification system. However, WaterSense has decided to let the builder
partner and/or the homeowner determine whether to use a particular inspector's
services, given his/her conflict of interest. In addition, WaterSense clarified that
the licensed certification provider shall ensure that all disclosures are adequately
addressed by its quality control procedures.
¥. for
Criteria for Licensed Certification Providers
a. One commenter asked if utilities could serve as licensed certification providers.
Response: Any organization that can hire or contract with inspectors, train
inspectors, designate quality assurance personnel, oversee the inspections, and
maintain files on certified new homes can apply to serve as a licensed
certification provider. This may include utilities.
b. One commenter was concerned with the burden that could be caused by not
allowing an organization's quality assurance personnel to also be an inspector
and thought this prohibition would decrease the number of organizations able to
serve as licensed certification providers.
June 25, 2009
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,i-\ —«>-• Response to Comments on the Draft
Watt!FSense WaterSense New Home Certification System
Response: WaterSense agrees and has modified the certification system so that
a quality assurance designee can conduct inspections, as long as they do not
provide quality assurance functions, including oversight, of any of the inspections
in which they are involved.
Licensed Certification Provider Training
a. One commenter requested that all trainings required for this program be
designed by WaterSense to ensure consistency.
Response: WaterSense agrees and will prepare training and applicable
materials for licensed certification providers.
VI. for
Criteria for Program Administrators
a. Several commenters suggested that WaterSense remove the requirement for the
program administrator to operate at a national level.
Response: EPA agrees and has modified the certification system accordingly.
b. One commenter expressed concern that the draft certification system appears to
require program administrators to establish new boards of directors/executive
committees and revise their by-laws and governing policies in order to be eligible.
Response: WaterSense did not intend that new organizations would need to be
established or that significant changes would need to be made to their existing
policies; rather the criteria for program administrators were developed with
careful consideration of the operation of existing programs to ensure that these
organizations would be able to meet the requirements with little to no effect on
their current operation. WaterSense does want to ensure that the organizations
are capable and competent to serve in the role of program administrator and are
represented by individuals with knowledge of water efficiency. Also, WaterSense
expects that organizations currently serving in a similar role for other green
building programs will apply to serve this role for WaterSense, facilitating the
ability of existing certification providers to certify homes for multiple programs.
VII.
Handling Complaints
a. One commenter suggested that the section on receipt of complaints was
unnecessary and that misrepresentation or fraudulent activities surrounding the
9 June 25, 2009
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Response to Comments on the Draft
WaterSense New Home Certification System
WaterSense program were unlikely to occur. The commenter also asked for
examples of "fraudulent activity".
Response: WaterSense determined that it is necessary to have a mechanism to
receive notification of label misuse, especially if the home buyer feels that the
home was not built to EPA's water-efficiency criteria as they expected. In
addition, since WaterSense has modified the certification system to allow
sampling, the ability to report misrepresentation is even more important, as not
every home may be inspected.
WaterSense has clarified that fraudulent activity means "falsely claiming" that the
builder's home(s) have been certified in accordance with the specification and
this certification system.
10 June 25, 2009
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