(1) Legislative Purpose. The purpose of this Section is to conserve energy, reduce peak hour demands on utilities during hot weather, and limit environmental pollution and local impacts on global warming, by prohibiting certain buildings and structures from keeping their exterior doors open while air conditioners or central cooling systems are operating.
(2) Definitions.
(a) Covered building or structure. A building or structure, or a portion thereof, with a use and occupancy classification under Section 303 Assembly Group A-1, A-2, or A-3; Section 304 Business Group B; or Section 309 Mercantile Group M of Subcode "B", The Philadelphia Building Code.
(b) Exterior door. A door used to close off any entrance to or exit from a covered building or structure and that, when open, allows for the co-mingling of indoor and outdoor air, but not including doors that:
(.1) are adjacent to indoor seating areas where food or beverages are served and link such areas to outdoor seating areas; or
(.2) allow for direct table service of food or beverages to outdoor seating areas during times when servers are actively engaged in serving such areas.
(c) Person. The owner or lessee of any portion of a covered building or structure or the record owner of a covered building or structure.
(3) Prohibited Conduct. No exterior door of a covered building or structure shall be kept open while an air conditioner or central cooling system is operating that cools the area adjacent to such door, except as needed to permit ingress and egress or the delivery or shipping of goods.
(4) Exemptions. The provisions of this Section shall not apply when an emergency requires that an exterior door be kept open.
(5) Enforcement. Any person who violates this Section shall be issued a written warning for the first violation. A notice of violation, in accordance with Section 1-112 of this Code, shall be issued to such person for any subsequent violation.
(6) Penalties. Any person who violates this Section shall be subject to a penalty in the amount of not more than three hundred dollars ($300) for any violation after the first violation.
(1) Definitions. As used in this Section, the following terms shall have the following meanings: 1273
Benchmarking Application. The internet-based database system known as "Portfolio Manager", or any successor system thereto, developed by the United States Environmental Protection Agency, to track and assess the energy and water use of a building.
Covered Building. Any building with indoor floor space of 50,000 square feet or more, and any building participating in the Commercial Property Assessed Clean Energy (C-PACE) program; except such buildings as the Office of Sustainability shall exempt by regulation, based on extenuating circumstances. 1274
Energy. Electricity, natural gas, steam, and heating oil.
Statement of Energy Performance. A statement of energy performance generated by Portfolio Manager.
(2) Benchmarking required. The owner of a covered building shall, no later than June 30 of each year, enter the following information, for the previous calendar year, in the Benchmarking Application, as specified by the Benchmarking Application:
(a) Building Energy usage.
(b) Building water usage.
(c) Building characteristics and use attributes as required by the Benchmarking Application. This information includes, but is not limited to, building street address, year built, type of use or uses, gross floor area, operating hours, and, as applicable, use-specific information such as percent of building area heated and air conditioned, number of computers, uninterruptible power supply usage and characteristics, and number of refrigeration/freezer units. Building characteristic and use attributes shall be annually updated in the Benchmarking Tool by the deadline imposed by this subsection (2).
(3) Tenant Information. Where a unit or other space in a covered building is occupied by a tenant, and to the extent such unit or space is separately metered by a utility company, the owner shall request from the tenant any information necessary for the owner to comply with the benchmarking requirement imposed under subsection (2).
(a) An owner shall request information under this subsection (3) for the previous calendar year no earlier than February first and no later than the last day of February of each year, and tenants shall provide such information no later than the following March fifteenth. Whenever an owner receives notice that a tenant intends to vacate any space or unit, the owner shall request information relating to the tenant's Energy and water use for any period of occupancy for which the owner is required to provide benchmarking information under subsection (2), and the tenant shall report such information to the owner as soon as practicable.
(b) The failure of any tenant to report the information required under this subsection (3) to the owner shall not relieve the owner of the obligation to benchmark pursuant to this Section, provided that an owner shall not be required to report information a tenant has failed or refused to report and that is not otherwise lawfully available to the owner.
(4) Electronic Usage Reporting.
(a) Owners may arrange for usage information required under subsection (2)(a) and (b) to be electronically transmitted to the Benchmarking Application by the utility or other Energy supplier by the deadline imposed under subsection (2), provided that electronic usage reporting shall not affect the owner's obligation to report building characteristic and use attribute information required under subsection (2)(c).
(b) Information supplied by a utility or other Energy supplier pursuant to this subsection (4) that reflects the aggregate water or Energy usage of an entire Covered Building shall be deemed to satisfy the owner's reporting obligation under subsection (2)(a) and (b) with respect to such building for the water usage or the type of Energy usage so reported.
(c) Utilities and other Energy suppliers may require building owners requesting electronic transmittal to the Benchmarking Application to create and maintain lists of buildings and utility account numbers for which electronic transmittal is requested, and to provide such information to the utility or Energy supplier in the manner specified thereby.
(d) With respect to utilities or other Energy suppliers, nothing in this subsection shall be construed (i) to require that electronic usage reporting services be offered; or (ii) to prohibit the imposition of terms and conditions, consistent with applicable law, on any agreement to transmit usage information electronically.
(5) Disclosure of Benchmarking Data.
(a) The seller or lessor of any Covered Building shall, upon request, provide prospective purchasers or prospective lessees with a copy of the building's most recent Statement of Energy Performance.
(b) The Council calls on the Administration to implement a Citywide program to provide for the reporting of Citywide benchmarking data online and in a manner that permits owners and tenants of Covered Buildings, prospective purchasers and lessees, and the public to view and compare Energy and water usage among comparable buildings and uses.
(c) Any person requesting electronic transmittal of usage data to the Benchmarking Tool by a utility or other Energy supplier must waive in writing all legal action against the utility related to disclosure of usage information into the Benchmarking Tool in advance of any electronic transmittal of data.
(6) Enforcement and Penalties. Violations of this Section, or of any regulation issued pursuant to this Section, shall be subject to the penalties set forth under subsection 1-109(1), except that violations of subsection (2) shall be subject to a fine of three hundred dollars ($300) for failure to comply during the first 30 days following the compliance date set forth in subsection (2); each day that the failure to comply with subsection (2) persists following the initial 30 days shall constitute a separate violation, subject to a fine of one hundred dollars ($100) per day.
(7) Administration.
(a) Regulations. The Office of Sustainability may promulgate such regulations as are necessary to carry out the provisions of this Section, including, but not limited to, regulations altering any deadline set forth in this Section, and regulations setting forth extraordinary circumstances under which any requirement of this Section may be waived.
(b) Suspension. The Office of Sustainability may suspend all or part of the requirement to benchmark pursuant to this Section upon making a written finding that a technological deficiency in the Benchmarking Application, or the discontinuation of the Benchmarking Application, precludes compliance with this Section. The Office of Sustainability shall notify the Mayor and the President of City Council upon issuing or lifting a suspension.
(c) Privacy. Council calls on the Office of Sustainability to convene, within 60 days of passage of this Ordinance, a collaborative stakeholder working group of building owners, lessees, lessors, utilities, and other interested parties to determine if regulations are necessary to ensure customer privacy under applicable law, regarding the release of customer usage data to third parties; and the Office of Sustainability is hereby authorized to promulgate such regulations as may be necessary to ensure customer privacy under applicable law.
(8) Reporting. The Office of Sustainability shall, annually, submit to Council a report reviewing and evaluating the administration and enforcement of this Section and analyzing data obtained from the Benchmarking Application. The report shall address (a) the energy and water efficiency of buildings in the City, (b) the accuracy of benchmarked data and whether there is a need to train individuals required to benchmark, (c) compliance with the requirements of this Section, (d) any administrative and legislative recommendations for strengthening the administration and enforcement of this Section, (e) the effectiveness of the Benchmarking Application in accounting for City conditions, including, but not limited to, high density occupancies, large building size, and high-energy uses such as data centers and television studios, and (f) such other information and analysis as the Office of Sustainability deems appropriate.
Notes
1272 | |
1273 | Amended, Bill No. 190716 (approved December 30, 2019). |
1274 |
(1) There is hereby created a Solar Panel Incentive Program.
(2) Definitions. As used in this Section, the following words shall be defined as follows:
(b) Residential Property. Any building that is legally used as a single-family residence or a multi-family residential structure of no more than three units. 1277
(c) Photovoltaic System. Those total components, systems and subsystems that, in combination, convert solar energy into electrical energy for a connection to a utilization load.
(d) Program Administrator. The Office of Sustainability, provided that the Office of Sustainability may, by written agreement, delegate the administration of this program to the Philadelphia Energy Authority.
(3) Incentive payments.
(a) The owner of any Commercial Property or Residential Property shall be entitled to an Incentive Payment on account of installation of a photovoltaic system on such property. The Program Administrator is hereby authorized to establish standards for eligible photovoltaic systems and for documentation needed to demonstrate eligibility.
(b) Subject to the limitations set forth in subsection (4), below, Incentive Payments shall be paid by the Program Administrator in the following amounts:
(.1) Ten cents ($0.10) per watt of solar installed on Commercial Properties.
(.2) Twenty cents ($0.20) per watt of solar installed on Residential Properties.
(c) Incentive Payments shall only be made upon documentation to the satisfaction of the Program Administrator that installation of the photovoltaic system has been completed and is in operation.
(d) A property owner shall be liable for the repayment of any Incentive Payments if the photovoltaic system does not remain in operation on the subject property for at least thirty-six (36) months following installation.
(4) There shall be made available for Incentive Payments such total amount as shall be certified by the Director of Finance to the Program Administrator prior to the start of each fiscal year, provided that such total shall not exceed five hundred thousand dollars ($500,000). In the event the Program Administrator receives applications for Incentive Payments that exceed, in total, the amount available for the Program, the Program Administrator shall award Incentive Payments on a first come, first served basis, provided that the Program Administrator may, pursuant to standards adopted by the Program Administrator, give priority to applications from low and moderate income homeowners. Any applications excluded based on insufficient funds shall be considered to have been filed on the first day of the following fiscal year. The Program Administrator shall establish equitable rules for implementing this allocation system.
(5) Incentive program period. The Solar Panel Incentive Program shall commence on January 1, 2020, provided that incentive payments shall be available in the first six months of the program for installations dating back to July 1, 2019. The Solar Panel Incentive Program shall expire on December 31, 2024.
(6) Upon expiration of the Program, the Program Administrator shall file with the Chief Clerk of Council a report summarizing the City's experience with the Program.
Notes
1275 | Added, Bill No. 190378 (approved August 14, 2019). |
1276 | Amended, Bill No. 200090 (approved March 11, 2020). |
1277 | Amended, Bill No. 200090 (approved March 11, 2020). |
(1) Definitions. As used in this Section, the terms below are defined as follows.
(a) Building tune-up report shall mean a document summarizing the energy and water performance issues identified during an initial inspection and those issues which were subsequently resolved through corrective action.
(b) Corrective action shall mean adjustments and minor repairs to existing building energy and water equipment.
(c) Covered building shall mean any non-residential building with indoor floor space of at least 50,000 square feet.
(d) Director shall mean the Director of the Office of Sustainability.
(e) Minor repairs shall mean low-cost repairs to existing equipment such that the scope of work does not require permits from the Departments of Licenses and Inspections.
(f) Qualified tune-up specialist shall mean a licensed Professional Engineer or Certified Energy Manager and shall meet such other qualifications as the Office of Sustainability may establish through regulations.
(2) Tune-ups required. Except as provided in subsection (3), below, every owner of a covered building shall conduct a tune-up of such building's energy and water systems, consisting of an inspection component and a corrective action component, on a schedule set forth in subsection (4), below.
(a) Building tune-ups must be performed on the base building systems of the property. These include the systems or subsystems of a building that use energy or impact energy consumption including building envelope, the HVAC (heating ventilating and air conditioning) systems, conveying systems, domestic hot water systems and electrical lighting systems. Inspections and corrective actions shall cover the following:
(.1) Bill analysis: examine and verify energy and water data and perform basic billing analysis.
(.2) Sensors: examine for proper operation and appropriate location.
(.3) Schedules: examine schedules of all equipment for actual daily, weekly, holiday, and seasonal schedules; determine optimal schedules.
(.4) Set points: examine set points for all zones and equipment.
(.5) Outside air control: calculate ventilation requirements, measure actual ventilation rates, and determine optimal ventilation delivery and control.
(.6) Equipment controls: determine optimal equipment controls for energy efficient operations
(.7) Maintenance check: check for common maintenance items that impact energy usage.
(.8) Design issues: identify design issues leading to a high energy use such as missing insulation, mission controls, large leaks, unbalanced systems, critical zones.
(.9) Lighting: identify outdated lighting technologies, over-lit spaces, and areas needing lighting controls.
(.10) Domestic plumbing system: determine maintenance needs.
(.11) The term "base building systems" shall not include:
(.a) Systems or subsystems owned by tenants (other than a net lessee for a term of 49 years or more, inclusive of renewal options), condominium unit owners or cooperative unit shareholders, or a system or subsystems for which a tenant bears full maintenance responsibility and that is within the tenant's leased space and/or exclusively serves such leased space.
(.b) Industrial processes that occur within a covered building.
(b) The inspection component of a tune-up shall be supervised by a qualified tune-up specialist. At the completion of the inspection, the specialist shall provide to the building owner a signed inspection report setting out findings and recommendations regarding each of the required inspection elements.
(c) The corrective action component of a tune-up shall resolve all adjustments and minor repairs that are identified through the inspection required in subsection (2)(a) all as determined by regulations of the Office of Sustainability. Such regulations shall provide standards for determining what adjustments are low-cost and how to optimize usage in a manner that maximizes energy and water savings, maximizes the building owner's return on investment, and minimizes cost, all in light of building size, value and such other factors as the Office of Sustainability shall determine. The Office of Sustainability is authorized to further define corrective action by regulations. A final building tune-up report must be signed by a qualified tune-up specialist and submitted to the Office of Sustainability no later than the date set out in subsection (4). The Office of Sustainability shall issue regulations in consultation with stakeholders to further clarify requirements.
(d) No tenant of a covered building may deny reasonable access to a building owner or a tune-up specialist for purposes of compliance with this Section, unless the Office of Sustainability provides an exemption for legitimate security concerns.
(3) Exemptions. Pursuant to regulations of the Office of Sustainability, a building owner may be exempted from a scheduled building tune-up upon a showing, no later than 180 days prior to a scheduled tune-up, of any of the following:
(a) A building, within the year immediately preceding the scheduled tune-up, has received a Certified ENERGY STAR Score of at least 75. "Certified ENERGY STAR Score" means the score certified and provided by the U.S. Environmental Protection Agency ENERGY STAR program indicating the relative energy performance of a building as compared to similar buildings nationwide, as verified and stamped by a licensed professional engineer or registered architect.
(b) A building, within the three years prior to the scheduled tune-up, has either:
(.1) Received a green building certification that indicates an efficiently operating building. Such a certification includes a Gold Rating under the USGBC's LEED for Building Operations and Maintenance v4, or a Net-Zero Energy Certification from the International Living Future Institute, as those standards exist on September 1, 2019; or such equivalent or better certification, as determined by the Director.
(.2) Participated in and successfully completed a utility retro-commissioning incentive offering under a Pennsylvania Public Utility Commission-approved energy efficiency program or other such program, if approved by the Sustainability Director.
(.3) Completed a full retro- or re-commissioning procedure, with documentation that building performance was optimized.
(.4) Achieved energy savings of at least fifteen percent (15%) and provided measurement and verification report to the Office of Sustainability.
(.5) Has undergone an energy audit no less stringent than the ASHRAE Level II standard and implemented all the no-cost/low-cost energy efficiency measures, defined as providing a simple payback of three years or less, identified in the audit.
(.6) Received its initial certificate of occupancy.
(c) A building already has in place active optimization efforts, including monitoring and ongoing commissioning, all as determined by the Director.
(d) A building is scheduled to be demolished within one year of the date of the scheduled tune-up.
(e) Such other factors as determined by the Director to justify an exemption, consistent with the purposes of this Section.
(4) Tune-up schedule.
(a) Building tune-up reports as defined in subsection (1) must be submitted to the Office of Sustainability on the dates as follows:
(.1) For buildings of at least 200,000 square feet: September 30, 2021.
(.2) For buildings of at least 100,000 square feet and less than 200,000 square feet: September 30, 2022.
(.3) For buildings of at least 70,000 square feet and less than 100,000 square feet: September 30, 2023.
(.4) For buildings of at least 50,000 and less than 70,000 square feet: September 30, 2024.
(.5) Notwithstanding the foregoing, the Director may provide for an alternative initial scheduled tune-up date, no later than September 30, 2024, upon application by the School District of Philadelphia or a building owner that owns 20 or more covered buildings or cumulative floor area in covered buildings of five million (5,000,000) square feet or more.
(b) Submitted building tune-up reports must cover inspections and corrective actions completed no earlier than two years prior to the scheduled tune-up date.
(c) All subsequent scheduled tune-up dates shall be five years after the prior scheduled tune-up date.
(d) Newly constructed buildings shall comply with the applicable schedule for the building size provided by this subsection (4).
(e) The Director may grant an extension, upon a showing of good cause. Such an extension shall not extend any subsequent scheduled tune-up date. Good cause may include:
(.1) Less than fifty percent (50%) of a building's rentable floor area is occupied.
(.2) Immediate compliance will present a burden disproportionate to the value of the building.
(.3) Such other showings as the Director may allow.
(5) Building tune-up reports. Reports summarizing the energy and water performance issues identified during an initial inspection and those issues which were subsequently resolved through corrective action shall be in a form satisfactory to the Director. The Office of Sustainability will publish a public inventory of both those properties certified as high performance as well as those that have completed a tune-up, must complete one in a future year, or are in violation of Section 9-3404 1279 for non-compliance.
(6) Penalties. A violation of this Section shall subject a building owner to a fine of two thousand dollars ($2,000). Each day that a building owner fails to file a required report or take a required action after the thirtieth day after the deadline for such filing or such action shall constitute a separate violation, subject to a fine of five hundred dollars ($500) for each such day. No stipulated payment shall be available under Section 1-112 ("Notices of Violation").
(7) Annual report. The Office of Sustainability shall, annually, submit to Council a report reviewing and evaluating the administration and enforcement of this Section and analyzing data obtained from inspection and implementation reports filed with the Office. The report shall address (a) the energy and water efficiency of buildings in the City, (b) the accuracy of the building energy tune-up results submitted to the City, (c) compliance with the requirements of this Section, (d) any administrative and legislative recommendations for strengthening the administration and enforcement of this Section, and (e) such other information and analysis the Office of Sustainability deems appropriate.
Notes
1278 | Added, Bill No. 190600 (approved December 4, 2019). Enrolled bill numbered this as Section 9-3403; renumbered by Code editor. Section 2 of Bill No. 190600 provides: "This Ordinance shall take effect upon certification to the Council by the Director of Sustainability that the necessary implementing regulations are in place." |
1279 | Enrolled bill read "Chapter 9-3403"; reference corrected by Code editor. |