The following words and phrases are defined for use in this chapter:
"Accessible attic space"
means a space between the roof and ceiling next below in a dwelling unit where the roof slope is not less than two and one-half feet in 12 feet, and the vertical clear height from the top of the truss or ceiling joist to the underside of the roof sheathing at the roof ridge is at least 30 inches.
"Dwelling unit"
means a building or portion thereof used or designed for residential occupancy that is a single-family, duplex, multifamily residence, roominghouse or boardinghouse, or similar residential accommodations.
"Energy audit"
means an on-site inspection of existing ceiling insulation, weather-stripping and caulking, duct insulation, hot water heater and pipe insulation, window exposure to summer heat gain, shower head flow restriction devices and other items related to overall household energy consumption.
"Energy auditor"
means an authorized representative of the city, trained and certified to conduct energy audits.
"Energy conservation measure"
means an individual or set of devices, systems or structural alterations, or a combination or related actions which are designed to reduce household energy consumption.
"Inaccessible"
means a term used for the purposes of this chapter referring to the inability to install a specified energy conservation measure without significant alteration and/or unusual cost.
"Proof of compliance form"
means a form approved by the planning department which is used to document compliance with the requirements of this chapter.
"Sale or exchange"
means the recordation of any deed, agreement to sell, exchange, rent or lease with an option to sell or purchase, or otherwise transfer title to any dwelling unit.
"Seller"
means the owner of record of any residential dwelling unit being sold or exchanged, or the agent of the foregoing.
(Ord. 1610 § 1(A), 1982)
A. 
Prior to the sale, exchange or transfer of title to any dwelling unit constructed prior to July 1, 1978, the seller(s) must ensure that the dwelling unit is in compliance with the provisions of this chapter.
B. 
Prior to offering a dwelling unit for sale or exchange, the seller(s) of a dwelling unit must arrange for an energy audit of the unit by an authorized energy auditor and make that audit report available to the home buyer(s).
C. 
An energy audit which has been performed by the city or P.G. & E. within two years prior to January 1, 1982, can be used to meet the audit requirements of this chapter.
D. 
The energy auditor shall, at a minimum, inspect the dwelling unit to determine if the energy conservation standards listed in Section 16.18.030(C) have been met. If any or all of the energy conservation standards have not been met, the energy auditor will provide an advisory report which outlines the costs and benefits associated with meeting those standards and other information related to local contractors, retail outlets and do-it-yourself costs and installation necessary to aid in the installation of these minimum conservation measures. Upon completion of the energy audit, the auditor shall fill out the required proof of compliance form indicating that the necessary energy audit has been performed, and provide the seller with an original copy of the completed proof of compliance form.
E. 
The seller and/or the buyer of a dwelling unit shall notify the planning department/energy office of any changes in the status of conservation measures, as listed in the proof of compliance form or Section 16.18.030(C).
F. 
Prior to the sale of a dwelling unit, any real estate sales person, broker, agent, title company or lending institution involved in the sale or exchange of a dwelling unit in the city must provide a written notice to the seller and the buyer of the requirements of this chapter or ensure that such notification has been made.
G. 
In addition to the notice required in this chapter, the planning department/energy office shall also provide, where necessary, information regarding the provisions of this chapter.
(Ord. 1610 § 1(B), 1982)
A. 
Prior to the sale or exchange of any dwelling unit, the seller(s) of the dwelling unit is required to have an energy audit to determine whether the energy conservation standards specified in the following subsections have been installed. The following standards are guidelines for residential conservation and will be voluntary for at least the next eighteen months.
B. 
Each time a house is offered for sale, the seller must either arrange for an energy audit to meet the requirements of this chapter or demonstrate that the energy conservation standards listed below have been met. All dwelling units which have met these energy conservation standards shall be exempt from this chapter for five years after certification of the proof of compliance form.
C. 
The minimum energy conservation standards of this chapter are as follows:
1. 
All accessible attic space over heated and/or cooled areas of a dwelling unit have to be insulated to a minimum thermal resistance of R-19. The requirement for insulating attics shall not apply to dwelling units where the attic insulation is equal to or greater than R-11 throughout the attic space.
2. 
All uninsulated transverse ducts, plenums and fitting joints of all hearing and cooling equipment in unconditioned areas such as attics, garages, crawl spaces and basements shall be sealed with pressure sensitive or mastic tape to prevent air loss. They shall be insulated to a minimum thermal resistance of R-4. Insulation and sealing of ducts between floors, within interior walls otherwise inaccessible is not required.
3. 
All doors which lead to unconditioned areas such as garages or the outdoors are required to be full weatherstripped or otherwise retrofitted. Retrofitting shall be with material, other than the adhesive type foam weather-stripping, to effectively limit infiltration of outside or unconditioned air.
4. 
All electrical wall outlets, switchplates, fuse boxes, and other wiring or plumbing which passes from the interior conditioned space of a dwelling unit, to unconditioned space, shall be insulated with gaskets, insulation or caulking to effectively limit infiltration.
5. 
All domestic water heaters shall be fitted with external insulation blankets rated at a minimum installed thermal resistance amount of R-6. External insulation blankets shall not be required if the total water heater jacket thermal resistance is equal to or greater than R-12, or if the water heater is inaccessible for insulation purposes.
6. 
The first five feet of pipe leading from hot water heaters must be insulated to a minimum thermal resistance of R-3. This requirement shall not apply to any portion of the pipe length which is inaccessible.
7. 
All shower fixtures shall be fitted with flow restriction devices or low-flow showerheads such that the maximum flow rate does not exceed three gallons per minute. This requirement does not apply to showerhead assemblies for which flow restriction or low-flow showerheads cannot be easily installed.
8. 
All windows over six square feet in area which are located between conditioned and unconditioned spaces and are exposed to direct solar radiation between the hours of 8:00 a.m. and 4:00 p.m. (Pacific Standard Time) on August 21st, shall be equipped with shading devices which will provide a shading coefficient of 0.40 or less. Interior or exterior shading devices and any other semi-permanent obstructions, such as vegetations, buildings, etc. shall be considered as eligible shading devices. Shading devices must provide a minimum useful life of three years.
(Ord. 1610 § 1(C), 1982)
A. 
Any failure of the seller(s) of a dwelling unit to comply with the requirements of this chapter shall be an infraction, subject to the provisions of this code.
B. 
In the event that a house is sold without proper compliance with the provisions of this chapter, the buyer shall be responsible for having an audit performed within 180 days of the sale of the dwelling unit.
C. 
Any buyer or seller who wishes to appeal the determination of the energy auditor or the planning department relating to the provisions of this chapter may file an appeal to the planning commission within 30 days of the completion of the energy audit or a decision by the planning/energy office regarding compliance with this chapter.
D. 
If any provision of this chapter or application thereof is held invalid, such invalidity shall not affect other provisions or application of this chapter which can be given effect without the invalid provision.
E. 
The city council shall review the provisions of this chapter at a minimum of every 18 months to determine its effectiveness and the need for revisions.
(Ord. 1610 § 1(D), 1982)
No violation of this chapter or civil liability based on this chapter shall arise on the part of an energy auditor from the performance of an energy audit or the failure to perform an energy audit if the energy audit services were performed free of charge.
(Ord. 1610 § 1(E), 1982)