Section 38.2. Scope

(a) This chapter applies to new buildings and to renovations of existing buildings on which actual construction or design has not commenced prior to July 1, 1982 and that provide facilities or shelter for public assembly or for educational, business, mercantile, institutional, warehouse or residential occupancy or industrial use, including, but not limited to, those portions of factory and industrial occupancy such as office space, except for the following:

(1) Buildings and structures or portions thereof whose peak design rate of energy usage is less than one watt per square foot or 3.4 BTU/hour per square foot of floor area for all purposes.

(2) Structures or those portions of structures used for housing equipment or machinery, or in which manufacturing or processing is done where the operation of the equipment or machinery or the manufacturing or processing procedures employed require use of or generate substantial heat producing energy or cooling within the structure. As used in this paragraph, the generation of substantial heat shall mean generation of more than 6 watts per square foot of floor area.

(3) Buildings which are neither heated nor cooled.

(4) Historic buildings.

(5) Buildings owned by the Federal Government.

(6) All units subject to the Industrialized Housing Act (35 P. S. § § 1651.1—1651.12).

(7) All units subject to 42 U.S.C.A. § § 5401—5426.

(8) Buildings which are constructed primarily of tree logs and incidentally of other materials.

(9) Buildings governed by subsection (b).

(b) All buildings arranged for the use of one- or two-family dwelling units, including not more than five lodgers or boarders per family, and all rowhouses, townhouses, and garden apartment construction not exceeding three stories in height used for residential purposes whenever each unit has its own individual and self-supporting heating, ventilating, and air-conditioning systems, shall not be subject to the provisions of this chapter but shall be governed by the Building Energy Conservation Code to be promulgated by the Department of Community Affairs.