[Code of Federal Regulations] [Title 10, Volume 3] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR435.98] [Page 396] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 435--ENERGY CONSERVATION VOLUNTARY PERFORMANCE STANDARDS FOR NEW BUILDINGS; MANDATORY FOR FEDERAL BUILDINGS--Table of Contents Subpart A--Voluntary Performance Standards for New Commercial and Multi- Family High Rise Residential Buildings; Mandatory for Federal Buildings Sec. 435.98 Scope. (a) The voluntary performance standards for new commercial and multi-family high rise residential buildings apply to the design of a new commercial or multi-family high rise residential building, except for the following: (1) A building constructed and developed for residential occupancy, unless the building is a multi-family high rise residential building with 3 or more stories; (2) Heating, cooling, ventilating, or service hot water requirements for those spaces where processes occur for purposes other than occupant comfort and sanitation, and which impose thermal loads in excess of 5% of the loads that would otherwise be required for occupant comfort and sanitation without the process; (3) Envelope requirements for those spaces where heating or cooling requirements are excepted in paragraph (a)(2) of this section; (4) Lighting for tasks not listed or encompassed by areas or activities listed in Table 3.5-1; and (5) Buildings that are composed entirely of spaces listed in paragraphs (a) (2), (3), and (4) of this section.