Chapter 15.76

ENERGY CONSERVATION STANDARDS FOR EXISTING RESIDENTIAL STRUCTURES

Sections: 15.76.010 Definitions. 15.76.020 Exemptions. 15.76.030 Energy conservation standards. 15.76.040 Notice of the requirements of this chapter. 15.76.050 Energy audits. 15.76.060 Violations. 15.76.070 Appeals. 15.76.080 Fees. 15.76.090 Regulations.

For the purposes of this chapter the following terms shall have the definition shown:

• "Accessible attic space" means a space between the roof and ceiling next below in a dwelling where a roof slope is not less than two and one-half feet in twelve (12) feet and the vertical clear height from the top of the bottom cord of the truss or ceiling joist to the underside of the roof sheathing at the roof ridge is at least thirty (30) inches. "A.S.H.R.A.E." means American Society of Heating, Refrigeration, Air Conditioning Engineers, Inc. "Buyer" means any person who receives a present ownership interest in real property including, but not limited to, any sale, exchange or lease with an option to purchase. Provided, however, that real property transactions described as exclusions in California Revenue and Taxation Code, Sections 62, 63, 64, 65 and 66 are excluded from this definition.

"Conditioned space" means the space, within a building, which is provided with a positive heat supply or a positive method of cooling, either of which has a connected output capacity in excess of ten (10) BTU/HR per square foot.

"Dwelling" shall have the same meaning as defined in Section 405 of the Uniform Building Code, 1976 Edition.

• "Energy auditor" means a representative of Pacific Gas and Electric Company or the Sacramento municipal utility district who is trained and qualified to conduct the energy audit required by this chapter, or a person authorized by the director to conduct the energy audit required by this chapter by reason of training, experience and qualification. "Energy conservation audit" means an on-site inspection of existing ceiling insulation, weather stripping, duct insulation, hot water heaters, and additional items necessary to determine compliance with the requirements of this chapter.

• "Proof of compliance form" means a form used to indicate compliance with standards described in this chapter.

• "Sale or exchange" means any transfer of a present ownership in real property including, but not limited to, any sale, exchange or lease with an option to purchase. Provided, however, that real

property transactions described as exclusions in California Revenue and Taxation Code, Sections 62, 63, 64, 65 and 66 are excluded from this definition of sale or exchange.

"Thermal resistance (R)" means the measure of the resistance of a material or building component to the passage of heat in F - sq. ft. The resistance value (R) of mass type BTU/hr. insulations shall not include any value for reflective facing. (Prior code § 9.22.751)

A. The provisions of this chapter shall not apply to the sale or exchange of any dwelling consummated prior to the effective date of this chapter; provided, however, that any dwelling sold or exchanged subsequent to the effective date of this chapter shall be subject to the provisions herein.

B. Any dwelling for which a building permit was issued on or after July 1, 1978, shall be exempt from the provisions of this chapter for ten (10) years following the date the building permit was issued. (Prior code § 9.22.752)

Minimum energy conservation standards and exemptions, if any, are defined below.

Exemptions provided in this section may be recommended as applicable by the energy auditor, however, no exemptions provided in this section shall be applicable or otherwise available unless approved by the director or his or her designated representative.

The provisions of subsection A of this section shall not be enforced until July 3, 1981. The provisions of subsections B through H of this section shall not be enforced until June 28, 1982. Sections 15.76.040 and 15.76.050 of this chapter shall not be enforced until the same dates prescribed in this section.

• A. All accessible attic space over conditioned areas shall be insulated to a minimum thermal resistance value of R-09. Exemptions:

1. Existing ceiling insulation meets or exceeds R-11 throughout at least ninety (90) percent of the existing ceiling area.

• B. All swinging doors which separate conditioned from unconditioned spaces shall be fully weather stripped or gasketed in such a manner as to effectively and reliably limit air infiltration. Adhesive foam-type weather stripping will not constitute compliance.

• C. All domestic water heaters shall be fitted with external insulation blankets rated at a minimum thermal resistance value of R-6 as installed.

Exemptions:

1. Water heater has an existing external insulation blanket of any R value.

2. Thermal resistance of the total water heater insulation jacket which meets, or exceeds A.S.H.R.A.E. Standard 90-75.

3. Water heater clearance of less than three inches from nearest wall or is otherwise partially inaccessible to a wrap-around insulation blanket.

4. Water heater is of nonstandard, noncylindrical shape requiring oddly cut insulation blanket or does not possess a pressure release valve.

D. All uninsulated transverse ducts, plenums, fitting joints of all heating and cooling equipment in unconditioned areas such as attics, crawl spaces, garages and basements shall be sealed with pressure sensitive tape or mastic to prevent air loss and shall be insulated to a thermal resistance of R-5.6. Exemptions: 1. Duct is between floors, within interior walls, or is otherwise inaccessible without significant structural alteration or cost. E. The first five feet of hot and cold water piping leading from electrical resistance, natural gas, or other fossil fuel fire domestic water heaters shall be insulated to a minimum resistance value of R-3. F. There shall be no broken window or hole in the building envelope where the light or air may be detected passing from an unconditioned space to a conditioned space. Exemptions: 1. Point of infiltration is inaccessible without significant structural alteration. G. All shower fixtures shall be fitted with flow restrictions or low-flow shower heads such that the maximum flow rate of the fixture does not exceed three gallons per minute maximum flow. Exemptions: 1. A flow rate of less than three gallons per minute due to reduced water pressure behind the shower head. 2. Shower arm and head is of a ball-joint type that cannot easily be removed from the wall. H. All electrical wall outlet and wall switch plates shall be fitted with gaskets to reduce air infiltration. Exemptions: 1. Electrical wall outlet and switch plates which are inaccessible. 2. Electrical wall outlet and switch plates for which infiltration has been otherwise eliminated through caulk-ing of wire holes or other means. (Prior code § 9.22.753) 15.76.040 Notice of the requirements of this chapter. A. Any real estate agent, real estate broker, real estate salesman or title company, whether representing a seller or buyer, involved in the sale of a dwelling subject to the provisions of this chapter shall give written notice to the buy-er of the requirements of this chapter. B. The director shall give written notice to the buyer of the requirements of this chapter. C. The failure of any person specified in subsections A and B of this section to give notice as required hereinabove shall not excuse or exempt the buyer of a dwelling subject to the provisions of this chapter from complying with the energy audit requirement specified herein. (Prior code § 9.22.754) 15.76.050 Energy audits. A. The buyer of a dwelling subject to the provisions of this chapter shall, within one hundred eighty (180) days of the sale or exchange of such dwelling: 1. Arrange for an energy audit of the dwelling by an energy auditor; 2. Upon completion of the energy audit, perform, or have performed, the tasks set forth by the auditor as required to meet the energy conservation standards herein prescribed as set forth by the auditor on proof of compliance form; and 3. Upon compliance, record a copy of the proof of compliance form, as completed by the energy auditor, with the director or his or her designated representative. B. 1. An energy auditor, when so authorized by a buyer, shall conduct an energy audit of the dwelling consistent with the standards set forth in this chapter. The auditor shall set forth his or her findings on a proof of compliance form approved by the director. If the dwelling fails to meet the standards set forth in this chapter, the auditor shall indicate on the proof of compliance form the work necessary to bring the dwelling into compliance. 2. If the dwelling is in compliance with the provisions of this chapter, the buyer shall record the proof of compliance form as set forth above. 3. If the dwelling does not comply with the provisions of this chapter the buyer shall perform, or have performed, the tasks set forth by the auditor as required to comply with the provisions of this chapter. Thereafter, the buyer shall request a subsequent verification by an energy auditor to determine if the dwelling is in compliance with the provisions of this chapter. The auditor shall set forth his or her findings on the proof of compliance form. If the dwelling is then determined to be in compliance with the provisions of this chapter, the buyer shall record the proof of compliance form as set forth above. If the dwelling is not in compliance, the buyer will continue to be subject to the provisions of this chapter. C. The buyer may satisfy the requirements of this chapter by demonstrating to the satisfaction of the director that seven hundred fifty dollars ($750.00), or one and one-half percent of the fair market value of the dwelling as of the date of sale, whichever is greater, has been reasonably expended or paid by the buyer in meeting the energy conservation standards prescribed by Section 15.76.030 of this chapter with respect to said dwelling. Such demonstration shall be in the form of receipts, invoices or other documentation satisfactory to the director showing the actual cost of material or labor and the date of installation. If the director determines that the foregoing provisions have been satisfied, he or she shall issue a proof of compliance form to the buyer, indicating thereon the manner in which the buyer has satisfied the foregoing provisions. A copy of said proof of compliance form shall be retained by the director. Nothing contained herein shall be construed to require an expenditure or payment beyond that necessary to comply with the energy conservation standards of Section 15.76.030 of this chapter. D. Any dwelling which has been determined to be in compliance pursuant to this chapter shall, upon recordation of the proof of compliance form as set forth above, be exempt from the provisions of this chapter for ten (10) years following the date of the audit at which such determination was made. E. No violation of this chapter, or civil liability based on this chapter, shall arise on the part of an energy auditor from the perfor

rmined to be in compliance pursuant to this chapter shall, upon recordation of the proof of compliance form as set forth above, be exempt from the provisions of this chapter for ten (10) years following the date of the audit at which such determination was made. E. No violation of this chapter, or civil liability based on this chapter, shall arise on the part of an energy auditor from the perfor

rmined to be in compliance pursuant to this chapter shall, upon recordation of the proof of compliance form as set forth above, be exempt from the provisions of this chapter for ten (10) years following the date of the audit at which such determination was made. E. No violation of this chapter, or civil liability based on this chapter, shall arise on the part of an energy auditor from the performance of an energy audit, or the failure to perform an energy audit, if the energy audit services were performed or offered to be performed free of charge to the buyer.

F. The director may grant the buyer an extension of time within which to comply with the requirements of this chapter, if the director determines that the buyer is engaged in the rehabilitation of a substantial portion of dwelling, that the buyer has obtained a building permit for such rehabilitation, and that such rehabilitation efforts make the performance of the energy conservation measures required by this chapter infeasible or premature within the time provided by subsection A of this section and if it appears to the director that the buyer will comply with the requirements of this chapter within the period of such extension.

The director may grant the extension as follows:

1. For a fixed period of time, not to exceed one hundred eighty (180) additional days; or

2. For the term of the building permit obtained by the buyer for such rehabilitation; provided, however, that if an extension is granted pursuant to this part the final inspection and approval required by Section 15.08.290 of this title shall not be deemed complete and the project shall not be deemed approved thereunder until the buyer has complied with the requirements of this chapter.

The director may condition the grant of an extension as he or she deems necessary to secure compliance with the requirements of this chapter.

A buyer may apply for an extension provided for in this subsection by submitting a written request to the director in a form approved by the director. Such request shall be accompanied by such information as is deemed necessary by the director in order to determine whether the conditions for granting an extension exist. (Prior code § 9.22.755)

Any failure by the buyer to comply with the requirements of Section 15.76.050 of this chapter shall be an infraction subject to the provisions of Government Code Section 36900(b). (Prior code § 9.22.756)

Any person aggrieved by a determination or interpretation in the application of this chapter may appeal such determination or interpretation to the construction codes advisory and appeals board in the manner provided by Section 2.48.060 of this code, provided that the appeal is filed within thirty (30) days of the decision being appealed.

The procedural requirements for any hearing required by the provisions of this section shall be governed by the requirements applicable to appeals under Section 2.48.060 of this code.

Any person aggrieved by the decision of the construction codes advisory and appeals board pursuant to this section may appeal to the city council, pursuant to Section 2.48.100 of this code. (Prior code § 9.22.757)

Fees may be imposed at the time the proof of compliance form is recorded to cover the cost of administering the energy audit program established pursuant to the chapter. Fees shall be required to cover the costs of the appeal process. Such fees shall be set by resolution of the city council. (Prior code § 9.22.758)

The city manager may, from time to time, establish practices and procedures to implement the provisions of this chapter. (Prior code § 9.22.759)