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SEC. 91.9706.  ENERGY AND WATER AUDITS AND RETRO-COMMISSIONING.
   (Added by Ord. No. 184,674, Eff. 1/29/17.)
 
91.9706.1.  Energy Audits and Retro-Commissioning Requirements.  Any building subject to this division shall undergo an energy audit and retro-commissioning of the base building systems.
 
91.9706.1.1.  Energy Audit and Retro-Commissioning Standards.  Energy auditing and retro-commissioning standards shall comply with both of the following:
 
   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.
 
91.9706.1.3.  Exemptions.  An energy audit and retro-commissioning are not required if one of the following conditions is met and proof is submitted to the Department:
 
   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.  Water Audits and Retro-Commissioning Requirements.  Any building subject to this division shall undergo a water audit and retro-commissioning of the base building systems.
 
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.
 
91.9706.2.3.  Exemptions.  A water audit and retro-commissioning are not required if one of the following conditions is met:
 
   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.