February 1, 2010

VIA ELECTRONIC MAIL DELIVERY

Representative Scott Pelath, Chairperson

Administrative Rules Oversight Committee

Indiana Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

ATTN: Sarah Burkman

RE: LSA Document #09-388 – Indiana Energy Conservation Code, 2009 edition

Dear Representative Pelath:

On behalf of the Fire Prevention and Building Safety Commission (Commission), I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25, because the Commission has determined that the promulgation of the captioned rule may not be completed within one year after publication of the Notice of Intent to Adopt a Rule.

The Commission published its Notice of Intent to Adopt a Rule for the captioned document on June 10, 2009 (DIN: 20090610-IR-675090388NIA). This rule is the first new edition of the Indiana Energy Conservation Code in more than seventeen (17) years and is being adopted, in part, for compliance with the applicable requirements of: (1) the American Recovery and Reinvestment Act of 2009; (2) 42 U.S.C. 6833(b); and (3) 26 CFR 179D. In order to ensure that there is compliance with all applicable portions of these federal laws, the Commission may have to take additional time for the final adoption of this rule. Thus, promulgation of this rule may not be completed by June 10, 2010. The Commission expects that the rule can be approved by the Governor by December 31, 2010.

This notice setting forth the expected date of approval of LSA Document #09-388 as December 31, 2010, is being submitted in a timely manner. February 15, 2010, is the two hundred fiftieth day after publication of the Notice of Intent to Adopt a Rule.

Yours truly,

Mara J. Snyder, Director

Legal and Code Services

Indiana Department of Homeland Security