Title. | |
Findings. | |
Intent. | |
Definitions. | |
Energy Inspections. | |
Qualified Energy Inspectors. | |
Proof of Compliance with Minimum Energy Conservation Measures. | |
Exemptions and Postponement. | |
Limitation of Expenditure. | |
Energy Conservation Requirements Upon Major Improvement, Metering Conversion, Residential Condominium Conversion, or Complete Inspection. | |
Energy Inspection Requirement at Transfer of Title. | |
Required Energy Conservation Measures. | |
Appeal from Results of an Energy Inspection. | |
Amortization in Rental Property. | |
Civil Remedies. | |
Fees. | |
Rules. | |
Interim Rules. | |
Ordinance Review. | |
Severability. | |
The Board of Supervisors finds that:
(a) As a result of dependence upon conventional sources of energy, the citizens of San Francisco will continue to experience rapid increases in the cost of home energy and uncertainty as to the availability of future home energy supplies.
(b) Significant opportunities exist for the citizens of San Francisco to reduce energy consumption and become less dependent on the supply of conventional energy for home use, through the installation of proven energy conservation technologies in existing homes.
(c) Conservation of electricity and natural gas is essential to the economic security and well-being of the people of San Francisco. Conservation reduces overall demand for electricity and natural gas and therefor helps reduce both the cost of energy and the rate of inflation. Benefits to the community as a whole can be realized through reduced energy costs as a direct result of conservation. These benefits include the lowering of housing costs, stimulation of the local economy and creation of local jobs.
(d) While the increasing burden of utility costs has stimulated some conservation investment in owner-occupied housing, little progress has been made in improving energy efficiency in rental housing where owners do not pay utility bills or where utility costs are included in the rent. Rental housing comprises approximately two-thirds of all San Francisco housing.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007)
It is the intent of this ordinance to contribute to the affordability of San Francisco housing by promoting the wise and efficient use of energy through cost-effective energy conservation standards for residential housing. It is also the intent to overcome the current barriers to energy conservation in rental housing and to reduce the impact of rising energy costs upon renters.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007)
In addition to the definitions contained in Chapter 4 of this Code, for the purposes of this ordinance the following words and phrases shall have the meanings ascribed to them by this Section.
(a) Accessible. There is insufficient space in which to install the specified energy conservation measure without significant alteration to the structure.
(b) Accessible Attic Space. A space between a ceiling joist and roof rafter where the vertical clear height from the top of the bottom chord of the truss or ceiling joist to the underside of the roof sheathing at the roof ridge is 18 inches or greater.
(c) California Plan for the Residential Conservation Service. The plan adopted by the California State Energy resources Conservation and Development Commission and filed with the U.S. Department of Energy on June 4, 1980, as amended in January 1981, to meet the requirements of the National Energy Conservation Policy Act of 1978 (Public Law 95-619, Title II, Part 1).
(d) Complete Inspection. An inspection of the entire building done by the Department of Building Inspection, including but not limited to: inspection of all buildings with "R1," "R2," and "R3" occupancies as defined in the Building Code pursuant to the Department's code enforcement program, inspections for RAP loans and inspections for condominium conversion. An inspection of only the public areas of a building does not constitute a complete inspection.
(e) Cost-effective. That the contractor installed cost of any energy conservation measure amortized over its useful life will be equal to or less than the amount of money saved by consumers. In figuring the cost of an energy conservation measure, the interest rate charged at the time of installation is included.
(f) Escrow. As used herein, an escrow opened for the sale and purchase of real residential property situated in the City and County of San Francisco.
(g) Energy Inspection. An inspection of a dwelling to determine which energy conservation measures required under this ordinance are needed.
(h) Meter Conversion. The replacement of a master meter for electricity or natural gas that serves more than one dwelling unit with individual meters that serve each dwelling unit separately.
(i) Residential Building. Any privately owned single or multiple unit dwelling, apartment house, condominium or other building used for "R1," "R2," or "R3" occupancy as defined in the Building Code, excluding mobile homes, tourist hotels and motels.
The residential portion of any residential building occupied as mixed residential commercial use shall be considered a residential building within the meaning of this chapter.
(j) R-value. The measure of the resistance of a material or building component to the passage of heat. R-value is measured in the United States customary units based upon square feet per hour per degree Fahrenheit divided by Btu.
(k) Simple Economic Payback. The time needed to recover a conservation investment on the basis of expected energy savings at current energy costs. Simple economic payback is expressed in years, and is calculated by dividing the estimated contractor-installed cost of a conservation measure by the estimated dollar savings in the first year. Available tax credits and future energy costs are not considered in the calculation.
(l) Transfer of Title. The conveyance of title to real property by one or more persons as a result of sale or exchange, and including the execution of a real property sales contract as defined in Section 2985 of the California Civil Code and any change of ownership described in Subdivisions (c) and (h) of Section 61 and Subdivision (c) of Section 64 of the Revenue and Taxation Code.
(m) Unheated Areas. Any space exposed to ambient temperatures and not provided with a heat supply capable of maintaining a minimum temperature of 50 degrees Fahrenheit.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007)
An energy inspection which satisfies the requirements of this chapter may be either:
(a) Any complete inspection by the Department of Building Inspection for a residential building;
(b) Any energy inspection or energy audit conducted according to standards established by the California Plan for the Residential Conservation Service for a residential building containing one or two dwelling units.
(c) Any energy inspection or energy audit by a utility whose energy inspection or audit program meets the requirements of this chapter as determined by the Director; or
(d) Any inspection by an inspector authorized by Section 1206(a)(2) of this chapter for compliance or noncompliance with the energy conservation requirements of this chapter.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007)
(a) Energy inspections required pursuant to this ordinance may only be conducted by one of the following:
(1) A utility energy auditor, or contracting representative of a utility, certified by the State under the California Plan for the Residential Conservation Service;
(2) A private energy inspector authorized by the City and County of San Francisco; or
(3) An authorized inspector of the Department of Building Inspection.
(b) In addition, private energy inspections may be conducted on a contractual basis with the Department of Building Inspection under terms and fees to be recommended by the Department of Building Inspection and established by the Board of Supervisors.
(c) In reviewing an application for authorization to conduct private energy inspections, the Director must determine that the applicant has a high level of technical competence and objectivity relative to the application of this chapter and other provisions of this Code and the Building Code relating to energy conservation.
(d) No authorized energy inspector may have a direct financial interest in the sale or installation of an energy conservation device required under this ordinance when inspecting residential buildings containing three or more dwelling units. Nor may an authorized energy inspector conduct an energy inspection on any building in which that inspector has an interest.
(e) The Director shall publish written standards and guidelines which shall govern the review of applications for authorization to conduct private energy inspections. These guidelines shall contain procedures for revocation of an authorization to conduct private energy inspections where the Director determines that the inspector is incompetent or nonobjective.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007)
(a) Contents. The Department of Building Inspection shall provide a standardized form, that may be paper and/or electronic, suitable for conducting a valid energy inspection and certifying compliance with the requirements of this ordinance. Said form shall contain both an inspection form listing energy conservation measures required by the Chapter and a compliance certificate.
(b) Inspection Form. The inspection form shall be completed and signed by any qualified inspector, furnished to the building owner or the owner's authorized representative, and submitted to the Department of Building Inspection within 15 days from the date of completing the inspection.
(c) Certificate of Compliance. When all of the energy conservation requirements have been met, the certificate of compliance shall be submitted to the Department of Building Inspection by one of the following:
(1) A qualified energy inspector pursuant to Section 1206; or
(2) For a residential building containing one or two dwelling units only: the state licensed contractor who installed the energy conservation measures required as a result of the energy inspection; or
(3) An authorized agent of the Department of Building Inspection.
(d) Filing and Recording. Proof of compliance with the requirements of this Section shall be accomplished by submitting a copy of the completed certificate of compliance to the Department of Building Inspection which shall maintain a paper and/or electronic copy. A copy of the completed certificate of compliance shall be recorded by the building owner, or the building owner's authorized representative, with the San Francisco County Recorder's Office. In the event of a title transfer, it shall be recorded prior to or concurrent with transfer of title.
(e) Public Record. Energy inspection results and certificates of compliance shall be public information and shall be available for inspection by any interested person during regular business hours at the Department of Building Inspection.
(f) Limitation of Utility Inspections. Nothing in this Section nor in any other provision of this chapter shall impose any obligation on a utility to perform more than one visit to a dwelling unit for any purpose. Nothing in this Section nor in any other provision of this chapter shall impose any obligation on a utility energy auditor to visit a dwelling unit solely for certification of compliance purposes.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007; Ord. 76-09, App. 5/14/2009, Eff. 7/1/2009)
(a) No energy inspection and consequent installation of energy conservation measures shall be required for:
(1) Any residential building for which proof of compliance with the energy conservation requirements of this ordinance has been recorded with the Department of Building Inspection and the Recorder's Office of the City and County of San Francisco;
(2) Any portion of a residential building for which a building permit for its construction was granted after July 1, 1978;
(3) Any residential building which is occupied as a mobile home;
(4) Any residential building, or portion thereof, which is occupied as a hotel, motel or inn and which has a certificate of use for tourist occupancy; or
(5) Any portion of a residential building which is converted to tourist hotel use pursuant to the Residential Hotel Conversion Ordinance (Administrative Code, Article 41).
(b) Postponement of Requirements. Application of inspection and energy conservation requirements for any residential building shall be postponed for one year from the date of application for a demolition permit for said building. If the residential building is demolished and a Certificate of Completion issued by the Department of Building Inspection before the end of the one-year postponement, the requirements of this chapter shall not apply. If the residential building is not demolished after the expiration of one year, the provisions of this chapter shall apply even though the demolition permit is still in effect or a new demolition permit has been issued.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007)
In no case shall any building owner be required to spend more than one percent of the purchase price indicated on the real estate sales contract (in cases where the energy inspection was conducted in connection with transfers to title to residential building), or one percent of the assessed value of the building, whichever is greater, to comply with the requirements of this ordinance, nor in the case of a building of two units or less, shall the cost exceed $1,300; provided, however, that the building owner must install any combination of required energy conservation measures for which the sum of all expenditures most closely equals but does not exceed the aforementioned cost limitation.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 31-94, App. 01/14/94; Ord. 256-07, App. 11/6/2007)
(a) Metering Conversion. As a condition for issuance of a Certificate of Inspection and Approval for a metering conversion by the Department of Building Inspection;
(b) Major Improvements. As a condition for issuance of a Certificate of Inspection and Approval upon completion of improvements having an estimated valuation as follows:
(1) Buildings containing one or two dwelling units – in excess or $20,000.
(2) Buildings containing three or more dwelling units, excluding residential hotels – in excess of $6,000 per unit.
(3) Residential hotels – in excess of $1,000 per unit.
(c) Condominium Conversion. As a condition of approval of a Certificate of Final Completion and Occupancy;
(d) Complete Inspection. Within 180 days after a complete inspection is performed by the Department of Building Inspection.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007)
(a) Prior to any transfer of title of any residential building subject to the provisions of this chapter as a result of sale or exchange, the seller, or the seller's authorized representative, shall obtain a valid energy inspection and shall install all applicable energy conservation measures required by Section 1212 as enumerated in the energy inspection form. The seller, or the seller's authorized representative, must furnish a copy of the completed inspection form showing compliance with this chapter to the buyer prior to transfer of title.
(b) Title Transfer Exemption. A transfer of a residential building by operation of law rather than by purchase is exempt from the provision of this chapter. This exemption includes, but is not limited to:
(1) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance;
(2) Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfer by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale;
(3) Transfers by a fiduciary in the course of the administration of a guardianship, conservatorship, or trust;
(4) Transfers from one co-owner to one or more co-owners;
(5) Transfers made to a spouse, or a domestic partner registered with the State of
California, or to a person or persons in the lineal line of consanguinity of one or more of the transferors;
(6) Transfers between spouses or domestic partners resulting from a decree of dissolution of a marriage or a domestic partnership or a decree of legal separation or from a property settlement agreement incidental to such decrees;
(7) Transfers by the State Controller in the course of administering the Unclaimed Property Law, Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure;
(8) Transfers under the provisions of Chapter 7 (commencing with Section 3691) and Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code;
(9) Transfers resulting by operation of law;
(10) Transfers by which title to real property is reconveyed pursuant to a deed of trust;
(11) Transfers for which a transfer agreement was entered into prior to the effective date of this ordinance.
(c) Energy and Water Conservation Escrow Account. The seller, or the seller's authorized representative, may transfer responsibility for compliance with the minimum energy conservation measures of Section 1212 and the minimum water conservation measures of Section 12A10 to the buyer of the building if at the time of transfer of title:
(1) A valid energy inspection, within the meaning of Section 1205, and a valid water conservation inspection within the meaning of Section 12A09 have been made and the inspection form or forms filed with the Department of Building Inspection along with notification indicating that an escrow account has been set up pursuant to this Section and giving the escrow holder's name and address and the escrow number;
(2) A written agreement signed by the buyer and seller is deposited into the escrow containing the following;
(i) The buyer's agreement that the required energy and water conservation measures will be installed within 180 days of transfer of title,
(ii) The seller's agreement that funds equal to one percent of the purchase price indicated on the accepted purchase offer shall be retained by the escrow holder and disbursed as follow:
(a) Upon delivery to the escrow holder of a copy of the completed certificate of compliance as filed with the Department of Building Inspection within 180 days after the close of escrow, the escrow holder shall, upon written instructions of the buyer, disburse so much of these funds as are required to pay the provider(s) of the materials and labor used to bring the property into compliance with the provisions of this chapter and Chapter 12A and shall disburse any surplus thereafter remaining to the seller;
(b) If such certificate of compliance is not delivered to the escrow holder within 180 days after the close of escrow, all said funds shall be deposited into the Residential Energy Conservation Account of the Repair and Demolition Fund of the City and County of San Francisco established pursuant to Section 102.13 of the San Francisco Building Code (Part II, Chapter I of the San Francisco Municipal Code) to be used exclusively to bring the building into compliance with the provisions of this chapter and Chapter 12A, with any surplus funds to be returned to the seller once compliance is achieved. No funds shall be deposited in the Residential Energy Conservation Account under this Subsection as long as, in the case of the subject building: (A) an appeal is pending or an extension has been granted pursuant to Section 1213 of this chapter; (B) an appeal is pending pursuant to Section 12A11 of this Code; or (C) a complaint is pending in court on behalf of the buyer or seller, or an arbitration proceeding is underway between the buyer and seller, with respect to the disposition of the escrow fund for the purpose of completing energy or water conservation measures pursuant to this Code.
(d) Notice of the Requirements of This Ordinance. The seller, or the seller's authorized representative involved in the sale or exchange of residential building subject to the provisions of this chapter and Chapter 12A, shall give written notice of the requirements of this ordinance to the buyers. Prior to the effective date of this ordinance an informational brochure specifying the energy and water conservation requirements shall be made available by the Department of Building Inspection. Delivery of this brochure to the buyer shall satisfy the notice requirements of this Section. Failure to give notice as required by this Section shall not excuse or exempt the seller or buyer of a residential building from compliance with the requirements of this chapter and Chapter 12A.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 350-95, App. 11/3/95; Ord. 256-07, App. 11/6/2007; Ord. 76-09, App. 5/14/2009, Eff. 7/1/2009)
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