[Adopted 12-7-2010 by L.L. No. 1-2011]
A.Â
This Legislature hereby finds and determines that homeowners across
the nation are seeking ways to improve the energy efficiency of their
homes.
B.Â
This Legislature also finds and determines that energy-efficiency
improvements are important to our environment and economy, as they
facilitate reduced energy use, reduced burdens on the environment
that are associated with energy use, and mitigate the need for new
energy supply, while promoting the growth of a locally emerging energy-efficiency
industry.
C.Â
This Legislature further finds and determines that, prior to contracting
for major energy-efficiency improvements, homeowners would benefit
greatly by first obtaining a home energy audit to determine what measures
will best improve their home's energy efficiency.
D.Â
This Legislature finds that, currently, the home energy efficiency
industry is not regulated.
E.Â
This Legislature also finds that while each home is unique in its
energy use, certain components of a basic home energy audit should
conform to uniform standards and be conducted by qualified home energy
auditors.
F.Â
This Legislature further finds that standardization of requirements
for home energy audits and home energy auditors will ensure that homeowners
seeking to contract for major improvements to their home to make it
more energy efficient will receive consistent value from their home
energy improvement investment.
G.Â
This Legislature also determines that home energy auditors should
register with the County to ensure that all home energy audits are
performed by trained, qualified persons.
H.Â
Therefore, the purpose of this article is to register home energy
auditors and establish standard requirements for all home energy audits.
As used in this article, the following terms shall have the
meanings indicated:
A comprehensive measurement-based diagnostic analysis of
a home's energy performance, performed by an individual accredited
to perform home energy audits by any of the following organizations:
the Building Performance Institute (BPI), the Residential Energy Services
Network (RESNET), the Home Energy Rating System (HERS), the American
Society for Heating, Refrigerating and Air-Conditioning Engineers
(ASHRAE), or certified or accredited by the Association of Energy
Engineers, or other certifying entity approved or certified by a state
or federal agency authorized to certify home energy auditors. A licensed
architect or engineer may also perform home energy audits.
Any person, as defined in this article, who advertises or
provides the service of performing a home energy audit as defined
herein. Any partnership, company, association, firm, corporation or
other entity or business providing home energy audits in Suffolk County
must employ at least one natural person certified or accredited to
provide home energy audits who has registered as a home energy auditor
pursuant to this article.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
Any person who provides, or who advertises to the public the
service of providing, a home energy audit in Suffolk County must register
with the Department of Consumer Affairs and must provide proof at
the time of registration that he or she meets the standards necessary
to provide home energy audits. Registration shall be valid for a period
of three years. Upon the expiration of registration, any person continuing
to provide home energy audits shall reregister and provide proof that
he or she continues to meet all necessary standards to provide home
energy audits.
A.Â
At least one registered home energy auditor must be present at any
home energy audit conducted in Suffolk County.
B.Â
Home energy audits are intended to be a detailed review of residential
occupancies that will include empirical analysis of data collected
on-site through physical test procedures and shall, at a minimum,
include the following:
(1)Â
An interview with the homeowner/resident to determine existing comfort
and energy problems, goals and priorities.
(2)Â
The following diagnostic tests, in accordance with applicable standards:
(a)Â
Blower door pressure adjusted infiltration test;
(b)Â
Combustion appliance safety testing, including, but not limited
to, CO tests of units with outdoor combustion air sources, sealed
combustion units, and power-ventilated equipment to verify that they
are properly installed and operating; and
(c)Â
Combustion safety and heating plant efficiency test, as well
as ensuring proper ventilation based on actuarial standards, and an
evaluation of thermal envelope integrity.
(3)Â
Computer modeling of the home's energy performance, using software
accredited or approved under "best test" standards, as governed by
the Federal Environmental Protection Agency.
(4)Â
A report provided to the homeowner containing a prioritized list
of recommended repairs, upgrades and improvements for health, safety
and energy conservation. All energy conservation measures listed must
be rated for cost effectiveness in terms of units of energy saved
and in the context of existing and proposed conditions.
(5)Â
Any report provided to a homeowner after an initial audit performed
prior to the installation of any repairs, upgrades or improvements
should inform the homeowner of the importance of a second "test-out"
audit performed after the completion of the work to ensure the efficacy
and safety of the improvements implemented. This second audit should
include a combustion safety test. Any scope of work developed as a
result of a home energy audit shall include a "test-out" audit.
(6)Â
Recommendations made as a consequence of a home energy audit will
include a cost/benefit analysis that illustrates projected savings
in energy, and expenditures for energy, in the context of existing
and proposed conditions. Components of a cost/benefit analysis shall
include, at a minimum, the estimated initial cost of improvements,
annual savings, and the anticipated lifecycle of recommended improvements.
No person who fails to register with the Department of Consumer
Affairs as a home energy auditor as required by this article shall
advertise or provide energy-efficiency services that include or claim
to include a "home energy audit," "energy audit," "energy-efficiency
audit" or any other formulation that could reasonably be construed
to be a home energy audit as defined herein.
Nothing in this article shall prohibit persons, corporations,
partnerships, contractors, agents or employees from providing or offering
home energy consulting, educational and informational services, including
home energy surveys, home energy assessments or other consultation
or advice on home energy efficiency, provided that the energy survey,
assessment or similar such services provided or offered are not advertised,
represented, referred to as, or implied to be or include a home energy
audit, as defined herein.
A.Â
Violations of any provision of this article shall be subject to a
civil fine of up to $750 for a first offense and a fine of up to $1,500
for any subsequent offenses.
B.Â
The Commissioner shall have the power to revoke a person's registration
or deny registration renewal for persons penalized for more than one
violation of this article.
C.Â
No registration shall be revoked nor a fine imposed until after a
hearing has been held before the Commissioner upon at least seven
business days' notice to the person. Such notice shall be served
either personally or by certified mail, return receipt requested,
to the last known address of the person and shall state the date and
place of the hearing as well as enumerate the grounds constituting
the allegations against such person. The person may be represented
by counsel and may produce witnesses on his/her/its own behalf. A
record of the hearing shall be taken and preserved. For the purposes
of such hearing, the Commissioner may administer oaths, take testimony,
subpoena witnesses and compel the production of books, papers, records
or other documents deemed pertinent to the subject of the hearing.
The Commissioner of the Suffolk County Department of Consumer
Affairs is hereby authorized to promulgate all rules, regulations
and procedures necessary to administer this article on or before the
effective date of this article.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect on the 120th day immediately
subsequent to filing in the Office of the Secretary of State.
