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(a) Energy Efficiency Audit. No energy efficiency audit is required if any one of the following exceptions apply:
(1) New Construction. The Nonresidential Building was newly constructed less than five years prior to the date an energy performance summary is due;
(2) Regular ENERGY STAR®. The Nonresidential Building has received the EPA ENERGY STAR® label from the US.1 Environmental Protection Agency for at least three of the five years preceding the filing of the building’s energy performance summary; or,
(3) LEED Existing Buildings Operations and Maintenance. The Nonresidential Building has been certified under the Leadership in Energy and Environmental Design (LEED) rating system for Existing Buildings Operation and Maintenance published by the United States Green Building Council or other rating system for whole existing buildings as determined by the Department of the Environment, within five years prior to the date the building’s energy performance summary would otherwise be due.
(4) Financial Distress. Owners of financially distressed buildings may apply for extensions of not more than one year in each instance for completion of an Energy Efficiency Audit and submittal of Confirmation of Energy Efficiency Audit, and for not more than one year in each instance for submittal of an Energy Benchmark Summary. Buildings in financial distress at the time an Energy Efficiency Audit or Energy Benchmark Summary are due include:
(A) Properties qualified for sale at public auction by the Treasurer and Tax Collector due to arrears of property taxes that resulted in the property’s qualification for sale at public auction or acquisition by a public agency within two years prior to the due date of an energy efficiency audit report;
(B) Buildings where a court appointed receiver is in control of the asset due to financial distress;
(C) Buildings owned by a financial institution through default by the borrower;
(D) Buildings acquired by a deed in lieu of foreclosure; and
(E) Buildings where the senior mortgage is subject to a notice of default.
(5) Three or More Buildings Under Common Ownership. Where the same person or entity owns three or more buildings subject to this Chapter, and the Energy Efficiency Audit due dates for more than one-third of those buildings fall within a single twelve-month period, the building owner may apply to the Director for, and shall be granted, an extension, not to exceed one year, of the due dates for the Energy Efficiency Audits and Confirmations of Energy Efficiency Audits for up to two-thirds of the buildings under common ownership. The application shall specify which buildings are to be covered by the extension.
(b) Confirmation of Energy Efficiency Audit. Where an energy efficiency audit is not required due to one of the exceptions in Section 2008(a), the Confirmation of Energy Efficiency Audit shall be filed, shall include reference to the exception that applies, and shall include a copy of relevant documentation for verification by the Department of Environment:
(1) Date of New Construction may be verified using a copy of the Certificate of Occupancy issued by the Department of Building Inspection.
(2) ENERGY STAR® label may be verified using a report from Portfolio Manager signed by the professional engineer, or confirmation of listings on the US Environmental Protection Agency list of ENERGY STAR labeled buildings.
(3) LEED for Existing Buildings Operation and Maintenance certification may be verified using a copy of the relevant certificate or confirmation of listing on the Green Building Certification Institute’s LEED Certified Projects List; and
(4) Financial distress may be verified using a record of sale at public auction or an affidavit from the Treasurer Tax Collector.
(5) Exceptions under subsection (a)(5) may be verified using a copy of the extension granted by the Director.
(c) Annual Energy Benchmark Summary. Exceptions to energy efficiency audit requirements do not affect the date when an AEBS report is due. However, benchmarking with Energy Star Portfolio Manager is not required under the following conditions:
(1) New Buildings. New buildings may receive an extension to the date of submittal of an initial Annual Energy Benchmark Summary report of not less than 24 months from the date that a Certificate of Occupancy is issued by the Department of Building Inspection, or the applicable deadline in the Department of the Environment compliance schedule, whichever is greater. AEBS reports shall be due annually thereafter.
(2) Unoccupied Buildings. Benchmarking with Energy Star Portfolio Manager is not required if the building had less than one full-time equivalent occupant for the twelve-month period preceding the due date of an Annual Energy Benchmark Summary.
1. So in Ord. 74-19.