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(Added by Ord. No. 184,674, Eff. 1/29/17.)
BASE BUILDING SYSTEMS. The systems and subsystems of a building that use or distribute energy and/or water and/or impact the energy and/or water consumption, including the building envelope; the heating ventilating and air conditioning (HVAC) systems; air conveying systems; electrical and lighting systems; domestic hot water systems; water distribution systems; plumbing fixtures and other water-using equipment; and landscape irrigation systems and water features. Base building systems shall not include:
1. Systems or subsystems owned by a tenant or for which a tenant bears full maintenance responsibility, that are within the tenant's leased space and exclusively serve such leased space, and for which the tenant pays all the energy and water bills according to usage and demand as measured by a meter or sub-meter.
2. Systems or subsystems owned by a residential unit owner that exclusively serve the residential unit of that owner.
3. Systems or subsystems that operate industrial applications such as manufacturing.
BENCHMARKING REPORT. A report, generated by ENERGY STAR® Portfolio Manager, summarizing the annual energy and water performance of a building.
DEPARTMENT. The City of Los Angeles Department of Building and Safety.
ENERGY. Electricity, natural gas, steam, heating oil, or other products sold by a utility to a customer of a building, or renewable on-site electricity generation, for purposes of providing heat, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities.
ENERGY AUDIT. A systematic evaluation to identify potential modifications and improvements to a building's equipment and systems which utilize energy in order to optimize a building's overall energy performance.
ENERGY STAR® PORTFOLIO MANAGER. The United States Environmental Protection Agency's (US EPA) online tool for measuring, tracking, and managing a building's energy, water and greenhouse gas emission data and to benchmark the performance of a building.
ENERGY STAR® PORTFOLIO MANAGER ENERGY STAR SCORE. A number ranging from 1 to 100 assigned by the US EPA's Energy Star Portfolio Manager as a measurement of a building's energy efficiency, normalized for a building's characteristics, operations, and weather, according to methods established by US EPA's ENERGY STAR® Portfolio Manager.
RETRO-COMMISSIONING. A systematic process for optimizing existing systems relating to building performance through the identification and correction of deficiencies in such systems.
RETRO-COMMISSIONING MEASURES. Work relating to retro-commissioning such as repairs, maintenance, adjustments, changes to controls or related software, or operational improvements that optimize a building's energy and/or water performance.
RETROFIT MEASURES. Upgrades or alterations of building systems involving the installation of energy and/or water efficiency technologies that reduce energy and/or water consumption and improve the efficiency of such systems.
TREATMENT FACILITY. A facility where industrial processes take place for the treatment of substances, which include, but are not limited to, water, waste, sewage, rain water, oil, and chemicals. Paper mills, foundries, and similar operations are also covered by this definition, which is restricted to the building or buildings where the treatment takes place. (Added by Ord. No. 186,789, Eff. 11/12/20.)
WATER AUDIT. A systematic evaluation to identify potential modifications and improvements to a building's equipment and systems which utilize water in order to optimize a building's overall water performance.
(Added by Ord. No. 184,674, Eff. 1/29/17.)
91.9705.1. Annual Energy and Water Benchmarking and Reporting. For every building subject to this division, the building owner shall annually submit to the Department an energy and water benchmarking report according to the schedule set forth in Section 91.9708. The energy and water benchmarking report shall be based on an assessment in the ENERGY STAR® Portfolio Manager of the total energy and water consumed by the whole building for the entire calendar year being reported. The energy and water benchmarking report shall, at minimum, include the following:
1. Descriptive Information. Basic descriptive information to track and report a building's compliance with this division, including but not limited to the building address, facility gross square footage, property type, and the individual or entity responsible for the benchmarking report.
2. Energy and Water Benchmarking Information. Information necessary to benchmark energy and water usage, including, at a minimum, the following data:
(a) The ENERGY STAR® Portfolio Manager ENERGY STAR score for the building, where available;
(b) The weather-normalized site and source energy use intensity (EUI) per unit area per year (kBTU per square foot per year) for the building;
(c) The site and source energy use intensity (EUI) per unit area per year (kBTU per square foot per year) for the building;
(d) The annual carbon dioxide equivalent emissions due to energy use for the building as estimated by ENERGY STAR® Portfolio Manager;
(e) Indoor water use, indoor water intensity, outdoor water use (when available), total water use, and irrigated area (if any); and (Amended by Ord. No. 186,789, Eff. 11/12/20.)
(f) Number of years the building has been ENERGY STAR® Certified and the last approval date, if applicable.
Nothing in this division shall be construed to permit a building owner to use tenant utility usage data for purposes other than compliance with benchmarking report requirements. Nor shall the reporting requirements of this division be construed to excuse building owners from compliance with federal or state laws governing direct access to tenant utility data from the responsible utility.
91.9705.2. Quality Check of Benchmarking Report Submission. The building owner or the owner's authorized representative shall run all automated data quality checker functions available within ENERGY STAR® Portfolio Manager, and shall correct all missing or incorrect information as identified by ENERGY STAR® Portfolio Manager prior to submitting the benchmarking report to the Department.
1. The building did not have a Certificate of Occupancy or Temporary Certificate of Occupancy for the entire calendar year required to be benchmarked;
2. The entire building was not occupied, due to renovation, for the entire calendar year required to be benchmarked;
3. The demolition permit for the entire building has been issued and demolition work has commenced on or before the date the benchmarking report is due for that calendar year;
4. The building did not receive energy or water services for the entire calendar year required to be benchmarked.
For each reporting cycle, the Department shall determine whether an exemption under this subsection applies to a building. Appeal of a determination that a building is not exempt shall be made according to the procedures set forth in Subsection 98.0403.2 of the Los Angeles Municipal Code.
1. Summary statistics on overall compliance with this division;
2. Summary statistics on overall energy and water consumption of buildings subject to this division derived from aggregation of annual benchmarking reports; and
3. For each building subject to this division:
(a) Building address and property use type;
(b) Annual summary statistics for the whole building derived from the submitted benchmarking report, including all information required under Subsection 91.9705.1, except for Subdivision 2.(f); and
(c) The status of compliance with the requirements of this division.
(Added by Ord. No. 184,674, Eff. 1/29/17.)
1. Energy Auditing. Energy audits required by this division shall meet or exceed Level II audit standards in conformance with the American Society of Heating Refrigerating and Air-Conditioning Engineers (ASHRAE) Procedures for Commercial Building Energy Audits (latest edition at the time the audit is initiated) and shall be performed under the direct supervision of a California licensed engineer or architect.
2. Energy Retro-Commissioning. Energy retro-commissioning shall be performed in accordance with industry standard practices, including ASHRAE Guideline 0.2 Commissioning Process for Existing Systems and Assemblies, and under the direct supervision of a California licensed engineer or architect. The retro-commissioning of the base building systems shall include, at minimum, the following:
(a) Heating, ventilation, air conditioning (HVAC) systems and controls;
(b) Indoor lighting systems and controls;
(c) Water heating systems; and
(d) Renewable energy systems.
91.9706.1.2. Energy Audit and Retro-Commissioning Report. A report of the energy audit and retro-commissioning, completed and signed by a California licensed engineer or architect, shall be maintained by the building owner as required in Section 91.9707. The report shall meet the requirements of Subsection 91.9706.1.1 and shall include, at a minimum, the following:
1. The date(s) that the audit and retro-commissioning were performed;
2. Identifying information on the auditor and retro-commissioning provider;
3. Information on the base building systems and equipment;
4. A list of all retrofit measures that can reduce energy use, and/or cost of operating the building, costs of each measure, and an estimate of the energy savings associated with each measure;
5. All the retro-commissioning process activities undertaken and retro-commissioning measures completed;
6. Functional performance testing reports;
7. Operational training conducted; and
8. Acknowledgment that an ASHRAE level II audit was conducted.
1. The building has received ENERGY STAR® Certification from the EPA for the year of the building's compliance due date in Section 91.9708;
2. The building has received ENERGY STAR® Certification from the EPA for two of the three years preceding the building's compliance due date in Section 91.9708;
3. For buildings not eligible to receive an ENERGY STAR® score, a California licensed engineer or architect certifies that the energy performance of the building is at least 25% better than the median energy performance of similar buildings by comparing against the national source energy data provided in the Commercial Buildings Energy Consumption Survey (CBECS) conducted by the U.S. Energy Information Administration or other relevant national data set as approved by the Department effective at the time of reporting;
4. A California licensed engineer or architect certifies that the building has reduced its weather normalized source energy use intensity as calculated by the benchmarking tool by 15%, when compared to five years preceding the building's compliance due date in Section 91.9708;
5. A building that does not have a central cooling system or has a cooling system having an aggregate input capacity of less than 100 refrigeration tons (1,200,000 Btu/h) and, in either case, where four of the following six measures listed in Paragraphs (a) to (f) below were completed within the five-year compliance cycle being reported in accordance with Section 91.9708. A report, certified by a California licensed engineer or architect, detailing the measures performed is required: (Amended by Ord. No. 186,789, Eff. 11/12/20.)
(a) Common area and exterior lighting. Common area (lighting outside of tenant spaces) and exterior lighting fixtures were installed in accordance with the California Building Standards Code (California Code of Regulations, Title 24) in effect at any time during the five-year compliance cycle being reported.
(b) Pipe insulation. All exposed pipes used to convey heat or hot water were insulated in accordance with the California Building Standards Code (California Code of Regulations, Title 24) in effect at any time during the five-year compliance cycle being reported.
(c) Cool roof. A cool roof was installed in accordance with the Los Angeles Green Building Code and the California Building Standards Code (California Code of Regulations, Title 24) in effect at any time during the five-year compliance cycle being reported.
(d) Demand response. The building owner participates in a utility sponsored Demand Response Program and complies with the terms and conditions thereof.
(e) Solar thermal. A solar water heating system was installed.
(f) Domestic hot water. A new water heater was installed in accordance with the California Building Standards Code (California Code of Regulations, Title 24) in effect at any time during the five-year compliance cycle being reported.
6. The building is new and has been occupied for less than five years from its first due date, based on its Temporary Certificate of Occupancy or Certificate of Occupancy.
For each reporting cycle, the Department shall determine whether an exemption under this subsection applies to a building. Appeal of a determination that a building is not exempt shall be made according to the procedures set forth in Subsection 98.0403.2 of the Los Angeles Municipal Code.
91.9706.2.1. Water Audit and Retro-Commissioning Standards. Water audits and retro-commissioning shall be performed in accordance with industry standard practices, including ASHRAE Guideline 0.2 Commissioning Process for Existing Systems and Assemblies, and under the direct supervision of a California licensed engineer or architect. The water audit and retro-commissioning of the base building systems shall include, at a minimum, the following:
1. Potable water distribution systems;
2. Landscape irrigation systems;
3. Water reuse systems; and
4. Water features.
91.9706.2.2. Water Audit and Retro-Commissioning Report. A report of the water audit and retro-commissioning, completed and signed by a California licensed engineer or architect, shall be maintained by the building owner as required in Section 91.9707. The report shall meet the requirements of Subsection 91.9706.2.1 and shall include, at a minimum, the following:
1. The date(s) that the audit and retro-commissioning were performed;
2. Identifying information on the auditor and retro-commissioning provider;
3. Information on the base building systems and equipment;
4. A list of all retrofit measures that can reduce water use, and/or cost of operating the building; costs of each measure; and an estimate of the water savings associated with each measure;
5. All the retro-commissioning process activities undertaken and retro-commissioning measures completed;
6. Functional performance testing reports; and
7. Operational training conducted.
1. A California licensed engineer or architect certifies that the building has reduced its water use intensity by at least 20% when compared to the five years preceding the building's due date for compliance; or
2. A building with a cooling system which does not operate by the consumption of water as part of the cooling process and where two of the three following measures were installed within five years of the due date in Section 91.9708. A report, detailing the measures performed, certified by a California licensed engineer or architect, is required: (Amended by Ord. No. 186,789, Eff. 11/12/20.)
(a) Low flow faucets and shower heads. All faucets and showerheads within the building were replaced and meet the Los Angeles Municipal Code and the California Building Standards Code (California Code of Regulations, Title 24) in effect at any time during the five-year compliance cycle being reported.
(b) Washing machines. Front loading clothes washing machines were installed in all common laundry facilities.
(c) Water closets and urinals. All water closets and urinals within the building were replaced and meet the Los Angeles Municipal Code and the California Building Standards Code (California Code of Regulations, Title 24) in effect at any time during the five-year compliance cycle being reported.
3. A California licensed engineer or architect certifies that the building's water use conforms to the requirements of the Los Angeles Municipal Code and the California Building Standards Code (California Code of Regulations, Title 24) in effect at any time during the five-year compliance cycle being reported; or
4. The building is new and has been occupied for less than five years from its first due date, based on its Temporary Certificate of Occupancy or Certificate of Occupancy.
For each reporting cycle, the Department shall determine whether an exemption under this subsection applies to a building. Appeal of a determination that a building is not exempt shall be made according to the procedures set forth in Section 98.0403.2 of the Los Angeles Municipal Code.
91.9706.3. Required Submittal to the Department. The building owner shall submit to the Department a Confirmation of Audit and Retro-Commissioning for each building, or proof of meeting one of the exemptions, subject to this division, in accordance with the schedule set forth in LAMC Section 91.9708. The Confirmation of Audit and Retro-Commissioning shall, at minimum, include the information required under Subsections 91.9706.1.1, 91.9706.1.2, 91.9706.2.1 and 91.9706.2.2.
(Added by Ord. No. 184,674, Eff. 1/29/17.)
The building owner shall maintain records related to benchmarking, audits and retro-commissioning, including, but not limited to, the energy and water bills and reports or forms received from tenants and/or utilities. Such records shall be preserved for a period of five years. When the building is sold, the records shall be given to the new building owner.
(Added by Ord. No. 184,674, Eff. 1/29/17.)
91.9708.1. Schedule for Benchmarking Report Compliance. (Amended by Ord. No. 185,198, Eff. 11/22/17.) An annual benchmarking report in compliance with LAMC Section 91.9705 shall be submitted to the Department according to the following schedule:
1. For buildings owned by the City with gross floor area of 7,500 square feet or more, the owner must complete and submit the initial benchmarking report on or before December 1, 2017, and annually no later than June 1 thereafter.
2. For a privately-owned building or a building owned by a local agency of the State with gross floor area of 100,000 square feet or more, the owner must complete and submit the initial benchmarking report on or before December 1, 2017, and annually no later than June 1 thereafter.
3. For a privately-owned building or a building owned by a local agency of the State with gross floor area of 50,000 square feet or more but less than 100,000 square feet, the owner must complete and submit the initial benchmarking report on or before June 1, 2018, and annually no later than June 1 thereafter.
4. For a privately-owned building or a building owned by a local agency of the State with gross floor area of 20,000 square feet or more, but less than 50,000 square feet, the owner shall complete and submit the initial benchmarking report on or before June 1, 2019, and annually no later than June 1st thereafter. (Amended by Ord. No. 186,789, Eff. 11/12/20.)
91.9708.2. Schedule for Audits and Retro-Commissioning Report Compliance or Exemption. Compliance with Section 91.9706 shall be due once every five years, as provided in Table 9708.2 based on the last digit of the Los Angeles Department of Building and Safety Building Identification Number (LADBS Building ID) assigned by LADBS to each building subject to this Division under Section 91.9703. Reports or requests for exemption must be received by LADBS by the compliance due date, but not earlier than 90 calendar days prior to the compliance due date. (Amended by Ord. No. 186,789, Eff. 11/12/20.)
Last digit of LADBS Building ID | Initial compliance due date | Subsequent compliance due dates |
0 or 1 | December 1, 2021 | Every five years thereafter |
2 or 3 | December 1, 2022 | Every five years thereafter |
4 or 5 | December 1, 2023 | Every five years thereafter |
6 or 7 | December 1, 2024 | Every five years thereafter |
8 or 9 | December 1, 2025 | Every five years thereafter |
91.9708.2.1. Timing of Audit and Retro-Commissioning or Exemption. Except as otherwise provided in Subsection 91.9708.3, the audits and retro-commissioning activities shall be completed no earlier than five years prior to a building's reporting compliance due date. (Amended by Ord. No. 186,789, Eff. 11/12/20.)
EXCEPTION: Buildings with an AIN (Assessor Identification Number) ending in 0 or 1 that had an initial compliance due date on January 1, 2021 or December 1, 2021 may choose one of the following options for submitting the initial report:
1. Submit the Audit and Retro-Commissioning report or request an exemption by December 1, 2021. All subsequent reports or requests for exemptions shall be completed in accordance with Table 9708.2, which is based on the last digit of the LADBS Building ID.
2. Submit the initial Audit and Retro-Commissioning report or request an exemption based on the last digit of the LADBS Building ID in accordance with Table 9708.2.
If the December 1, 2021, deadline is not met for buildings covered under this exception, then the compliance due dates for the initial and subsequent Audit and Retro-Commissioning reports or requests for exemptions shall be based on the last digit of the LADBS Building ID in accordance with Table 9708.2.
91.9708.3. Time Extensions. A building owner may be granted an extension of time to file any submittal required by this Division provided satisfactory proof that one of the following conditions applies. Further, the Department may, at its discretion, grant an extension of time without a filing fee for reviewing and approving the request for an extension of time for conditions 4. through 8.: (Amended by Ord. No. 186,789, Eff. 11/12/20.)
1. The building is under temporary financial or legal distress, as verified by recent financial statements, legal filings and other relevant documents showing one or more of the following:
(a) The building is under the control of a court-appointed receiver as a result of financial distress;
(b) The building is owned by a financial institution as a result of borrower default;
(c) The building has been acquired by a financial institution via deed in lieu of foreclosure;
(d) The building is encumbered by a senior mortgage subject to a notice of default;
(e) The building is an asset subject to probate proceedings;
(f) The building was subject to property tax arrearages that resulted in the building's inclusion, within the prior two years, on the Los Angeles County annual tax lien sale list; or
(g) The building is subject to a State of California Board of Equalization (BOE) Welfare Property Tax Exemption and the cost of complying with reporting requirements will exceed or significantly deplete existing cash flow. Proof of a BOE-issued Organizational Clearance Certificate and, where the building owner is a limited partnership, a Supplemental Clearance Certificate must be shown.
2. The building is a residential building currently in the Rent Escrow Account Program (REAP) and compliance with this division will materially interfere with compliance with REAP.
3. The owner is unable to timely comply due to a substantial hardship, as determined by the Department.
4. There was a delay receiving energy and or water usage data from the utilities even though it was requested by the owner as directed by the respective utility. Additionally, the owner must have properly submitted the initial request for usage data at least eight weeks prior to the compliance deadline and provided any subsequent information requested by the utilities within the timeframe the utilities specified or within 10 business days if a timeframe was not specified by the utilities.
5. There was an error on the part of the City in providing the building owner with notification pursuant to Subsection 91.9708.4 Notification.
6. Information provided by the City was in conflict with the requirements or intent of the EBEWE Program.
7. The Energy Star Portfolio Manager system malfunctioned or was inaccessible through no fault of the building owner or owner's designee responsible for filing the report.
8. The building owner became the owner less than 90 calendar days prior to the benchmark compliance date.
(Amended by Ord. No. 186,789, Eff. 11/12/20.)
Failure to comply with this division shall subject the owner to noncompliance fees as specified in Section 98.0411 of the Los Angeles Municipal Code, except that the amount of the noncompliance fee shall be $202.
EXCEPTION: The Department may, at its discretion, waive an EBEWE noncompliance fee and associated late fees and interest if it determines, based on satisfactory and verifiable proof, that late compliance or noncompliance was due to any condition described in Subdivisions 4. through 8. of LAMC Subsection 91.9708.3. The waiver of these fees and interest may be applied retroactively, at the discretion of the Department, to December 1, 2017, as applicable.
(Added by Ord. No. 184,674, Eff. 1/29/17.)
The owner shall pay to the Department the following fees for each building:
(Added by Ord. No. 184,674, Eff. 1/29/17.)
There shall be added to the total of all fees imposed under this division a surcharge in the amount equal to the greater of six percent of the fee or one dollar. All monies received from this surcharge shall be deposited to and expended as the "Building and Safety Systems Development Account" of the Department of Building and Safety Building Permit Enterprise Fund pursuant to Section 5.121.8 of the Los Angeles Administrative Code.
(Added by Ord. No. 184,674, Eff. 1/29/17.)
If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance, which can be implemented without the invalid provisions and, to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted each and every provision and portion thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
(Article 1.2 Added by Ord. No. 184,691, Eff. 12/30/16.)
Division
1 [Scope and Administration]
2 [Definitions]
3 [Provisions for All Compliance Methods]
4 [Prescriptive Compliance Method]
5 [Classification of Work]
6 [Repairs]
7 [Alterations – Level 1]
8 [Alterations – Level 2]
9 [Alterations – Level 3]
10 [Change of Occupancy]
11 [Additions]
12 [Historic Buildings]
13 [Relocated or Moved Buildings]
14 [Performance Compliance Methods]
15 [Construction Safeguards]
16 [Referenced Standards]
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