Vol. 25 Iss. 13 - March 02, 2009

Chapter 100
Final Regulation

REGISTRAR’S NOTICE: The Board of Housing and Community Development is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 B 4 of the Code of Virginia, which exempts regulations relating to grants of state or federal funds or property.

Title of Regulation: 13VAC5-100. Virginia Energy Assistance Program Weatherization Component (amending 13VAC5-100-10, 13VAC5-100-20).

Statutory Authority: § 36-137 of the Code of Virginia.

Effective Date: February 12, 2009.

Agency Contact: Steve Calhoun, Regulatory Coordinator, Department of Housing and Community Development, 501 North Second Street, Richmond, VA 23219, telephone (804) 371-7015, FAX (804) 371-7090, or email


These regulations set out income eligibility limits and maximum average cost per dwelling unit. The amendments remove these specific dollar limits and state that these program criteria shall conform to the requirements set out by the federal program that funds the weatherization component.

13VAC5-100-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings, unless the context indicates otherwise:

"Capital-intensive furnace or cooling efficiency modifications" means those major heating and cooling modifications which require a substantial amount of funds, including replacement and major repairs, but excluding such items as tune-ups, minor repairs, and filters.

"Department" means the Department of Housing and Community Development.

"DOE" means the U. S. Department of Energy.

"Dwelling unit" means a house, including a stationary mobile home, an apartment, a condominium, a group of rooms, or a single room occupied as separate living quarters. Separate living quarters are living quarters in which the occupants do not live and eat with any other persons in the structure and that have either direct access from the outside of the building or through a common hall or complete kitchen facilities for the exclusive use of the occupants. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements.

"Household" means all persons living in the dwelling unit.

"Poverty guidelines" means the poverty income guidelines as established and published annually by the federal Department of Health and Human Services.

"Weatherization improvements" means determining, completing, reporting and inspecting measures that are intended to enable or improve residential energy efficiency and improve health and safety, and include, but are not limited to: (i) nonemergency heating system repairs, modifications or installations to include the fuel supply, the combustion exhaust system and the distribution systems; (ii) nonemergency cooling efficiency modifications; (iii) air sealing to include, but not limited to, sealing bypasses, chimney, plumbing and electrical chases; replacing missing or broken glass, missing windows, missing doors; sealing unused flues and fireplaces, holes, ceilings and floors; sealing or dampering dryer vents, kitchen exhaust fans, window air conditioners, utility penetrations; and providing a ground cover in crawlspaces; (iv) attic, floor, mobile home bellyboard and sidewall insulation; (v) insulating, repairing and sealing ducts and heating pipes; (vi) insulating, repairing and replacing domestic water heaters; (vii) water flow reducers; (viii) setback thermostats; (ix) energy related health and safety and indoor air quality measures such as carbon monoxide detectors, smoke detectors and passive or mechanical ventilation; and (x) compact fluorescent bulbs.

13VAC5-100-20. Purpose; eligibility criteria; benefits.

A. The purpose of the weatherization assistance component is to improve or enhance the energy efficiency of the dwelling unit occupied by eligible households, improve the energy related health and safety problems, and attempt to lessen dependency on the energy assistance program. The weatherization assistance component does not provide emergency assistance for energy or health and safety related problems.

B. Eligibility criteria is are set out in this subsection.

1. Maximum income eligibility limits for the weatherization component shall be at or below 130% of the poverty the maximum allowable as defined by 45 CFR Part 96, Subpart H. Funding priorities may be established by the department within income eligibility limits. In order to be eligible for weatherization assistance, a family's income must be at or below the maximum income limits.

2. In order to be eligible for weatherization assistance a household’s calculated income must be at or below the maximum income eligibility limit.

3. A dwelling unit may be weatherized only after written permission of the owner is received.

C. Services will be provided through the department's weatherization network by qualified service providers as determined by the department.

D. The maximum average per dwelling unit benefit will be as provided for by the DOE regulations (10 CFR 440.18). A different average may be used for units with capital-intensive furnace or cooling efficiency modifications as provided for by DOE regulations. The forms of assistance or weatherization improvements shall include, but not be limited to, heating system inspections, diagnostics, repairs, replacements, installations and modifications to include the fuel supply, the combustion exhaust and the distribution systems; cooling efficiency modifications; energy efficiency improvements to include air sealing, duct repair and insulation, attic insulation and venting, sidewall insulation, mobile home bellyboard repair and insulation, domestic water heater insulation, floor insulation, repair and replacement of broken and missing glass, windows and doors, setback thermostats and water flow reducers investment of weatherization assistance component funds for weatherization improvements shall be consistent with 45 CFR Part 96, Subpart H.

E. When revisions to this regulation are required because of changes to federal regulations, these revisions will be reviewed by the Board of Housing and Community Development.

VA.R. Doc. No. R09-1780; Filed February 5, 2009, 1:39 p.m.