(A) Generally. The city finds that there is a present and continuing need to provide for the development and implementation of minimum lighting and thermal efficiency standards for buildings to ensure coordination with federal policy under the Energy Conservation Standards for New Buildings Act of 1976, being 42 U.S.C. §§ 6831 et seq., to promote the conservation of our dwindling energy resources, and to provide for the public health, safety and welfare.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDITION. Any construction added to an existing building which will increase the floor area of that building by 5% or more.
ARCHITECT or ENGINEER. Any person registered pursuant to Neb. RS 81-847.
BUILDING. Any structure which utilizes or will utilize a heating system cooling system, or domestic hot water system, including new buildings, renovated buildings, and additions, but not including any structure which has a consumption of traditional energy sources for all purposes not exceeding the energy equivalent of one watt per square foot.
FLOOR AREA. The total area of the floor or floors of a building, expressed in square feet, which is within the exterior faces of the shell of the structure which is heated or cooled.
PRIME CONTRACTOR. The person, persons, entity, or entities who has a contract with the owner and is the one responsible for the overall construction of any building or the installation of any component which affects the energy efficiency of the building. PRIME CONTRACTOR shall also mean a property owner who performs the work of a PRIME CONTRACTOR.
RENOVATION. Alterations on an existing building which will cost more than 50% of the replacement cost of such building at the time work is commenced or which was not previously heated or cooled for which a heating or cooling system is now proposed, except that the restoration of historical buildings shall not be included.
RESIDENTIAL BUILDING. A building three stories or less that is used primarily as one or more dwelling units.
STANDARD. The Model Energy Code, 1983 Edition, of the Council of American Building Officials.
TRADITIONAL ENERGY SOURCES. Electricity, petroleum based fuel, uranium, coal, and all non-renewable forms of energy.
(C) Chief Building Inspector. The Chief Building Inspector for the city shall be appointed for a two-year term at the organizational meeting of the City Council by the Mayor with the approval of the City Council.
(D) Standard. The standard shall apply to new residential buildings and all other new buildings or renovations of or additions to any existing buildings on which construction is initiated on or after August 26, 1983.
(E) Exemptions. The following shall be exempt from this section:
(1) Any building which has a peak design rate of energy usage for all purposes of less than one watt or three and four-tenths British Thermal Units per hour per square foot of floor area;
(2) Any building which is neither heated nor cooled;
(3) Any building or portion thereof which is owned by the United States of America;
(4) Any mobile home as defined by Neb. RS 71-4603;
(5) Any modular housing unit as defined by Neb. RS 71-1557(1);
(6) Any historic building as defined by Neb. RS 77-1385; and
(7) All residential buildings shall be exempt from lighting efficiency standards.
(F) Inspections and investigations.
(1) The Chief Building Inspector or any person designated by him or her shall conduct inspections and investigations necessary to enforce the standard and may, at reasonable hours, enter into any building and upon any premises within its jurisdiction for the purpose of examination to determine compliance with this section. Inspections shall be conducted only after permission has been granted by the owner or occupant or after a warrant has been issued pursuant to Neb. RS 29-830 to 29-835.
(2) During construction, the Chief Building Inspector or persons designated by him or her shall make periodic inspections to assure compliance with this section.
(G) Building plans and submission for approval.
(1) Prior to the construction of, renovation of, or addition to any building covered by this section, the prime contractor shall file sufficient plans and specifications with the City Clerk who shall notify the Chief Building Inspector of the filing of said plans. Said plans and specifications shall enable the Chief Building Inspector to make a determination whether such building will comply with the above standards. The Chief Building Inspector shall, within 30 days of the filing, approve or disapprove the plans and specifications. If disapproved, the reason shall be set forth in writing to the prime contractor.
(2) If the Chief Building Inspector determines that such construction, renovation, or addition will comply with the standard, he or she shall issue a written permit, which the prime contractor shall display in a conspicuous place on the premises where the addition shall commence until a permit is issued and displayed as required by this section. The prime contractor shall build or cause to be built said project to the best of his or her knowledge according to said standard.
(3) The person filing the application for a permit shall, at the time of such filing, pay to the city the sum of $30 for residential buildings and $0.01 per gross square foot for any other building.
(4) If an architect or engineer is retained, the architect or engineer shall place his or her state registration seal on all construction drawings which shall indicate that the design meets the standard. The prime contractor shall certify that he or she will build in accordance with the construction documents prepared by the architect or engineer. This certification must accompany the building plans submitted to the Chief Building Inspector for approval.
(Neb. RS 81-1608 through 81-1631) (Prior Code, § 9-305)