The purpose of this chapter is to provide information to homebuyers
about residential building energy performance. This information is
designed to enable more knowledgeable decisions about the full costs
of operating homes and to motivate investments in home improvements
that lower utility bills, reduce carbon emissions, and increase comfort,
safety, and health for home owners.
(Ord. 2187 § 1, 2020)
For purposes of this chapter and any rules adopted under this
chapter, the following terms have the following meanings.
means a second dwelling on a lot with a single-family detached
dwelling. The accessory dwelling unit is incidental to, and smaller
than, the primary dwelling on the lot. The accessory dwelling unit
may be in a portion of the primary structure on the lot or contained
in its own structure apart from the primary structure. The accessory
dwelling unit includes its own independent living facilities including
provisions for sleeping, cooking, and sanitation and is designed for
residential occupancy by one or more people independent of the primary
dwelling unit.
means the City Manager or authorized representative, designee,
or agent.
means any residential structure containing a single dwelling
unit or house, regardless of size, on its own lot, or any attached
single dwelling unit, regardless of whether it is located on its own
lot, where each unit extends from foundation to roof, such as a row
house, attached house, common-wall house, duplex, or townhouse. Covered
building does not include detached accessory dwelling units, manufactured
dwellings, stacked condominiums or dwelling units where the unit does
not extend from foundation to roof, or single dwelling units used
solely for commercial purposes.
means electricity, natural gas, propane, steam, heating oil,
wood, or other product sold for use in a building, or renewable onsite
electricity generation, for purposes of providing heating, cooling,
lighting, water heating, or for powering or fueling other end-uses
in the building and related facilities.
means an individual or business entity building new construction
single dwelling unit housing or covered building to be listed for
sale.
means a person who is certified as a home energy assessor
by the Oregon Construction Contractors Board to determine home energy
performance scores for residential dwelling units.
means the report prepared by a home energy assessor in compliance
with Oregon Administrative Rules adopted by Oregon Department of Energy
for Oregon Home Energy Score Standard. The Report must include the
following information:
The home energy performance score and an explanation of the
score;
An estimate of the total annual energy used in the home in retail
units of energy by fuel type;
An estimate of the total annual energy generated by onsite solar
electric, wind electric, hydroelectric, and solar water heating systems
in retail units of energy, by type of fuel displaced by the generation;
An estimate of the total monthly or annual cost of energy purchased
for use in the covered building in dollars, by fuel type, based on
the current average annual retail residential energy price of the
utility serving the covered building at the time of the report and
the average annual energy prices of nonregulated fuels, by fuel type,
as provided by the Oregon Department of Energy;
The current average annual utility retail residential energy
price in dollars, by fuel type, and the average annual energy prices
of nonregulated fuels, by fuel type, provided by the Oregon Department
of Energy;
At least one comparison home energy performance score that provides
context for the range of potential scores. Examples of comparison
homes include, but are not limited to, a similar home with Oregon's
average energy consumption, the same home built to Oregon energy code,
or the same home with certain energy efficiency upgrades;
The name of the entity that assigned the home energy performance
score and that entity's Oregon Construction Contractors Board license
number if such a license is required by law;
The date the building energy assessment was performed;
For reports that meet all requirements of Oregon Administrative
Rules adopted by Oregon Department of Energy for Oregon's Home Energy
Performance Score Standard, the statement "This report meets Oregon's
Home Energy Performance Score standard" must be included on home energy
performance reports;
A disclaimer on the potential impacts of vegetation and exterior
building features on energy efficiency, for example, "Trees and exterior
building features may provide additional energy efficiency benefits
to the building. Visit energy.gov to learn more";
A disclaimer on the potential for undisclosed energy efficient
improvements and/or assets in the building, for example, "Additional
energy efficient features may be present in the home and were not
documented at time of Home Energy Score assessment"; and
Any additional "Home Energy Performance Report" or "Home Energy
Performance Score" requirements as adopted by the Oregon Department
of Energy.
means an asset rating that is based on physical inspection
of the home or design documents used for the home's construction.
means a system that incorporates building energy assessment
software to generate a home energy performance score and home energy
performance report. Examples of home energy performance score systems
include, but may not be limited to, the U.S. Department of Energy
Home Energy Score or the Home Energy Rating System (HERS).
means listing the covered building for sale by printed advertisement,
internet posting, Regional Multiple Listing Service (RMLS) listing,
or publicly displayed sign.
means a residential trailer, mobile home, or manufactured
home meeting ORS 446.003(25) and designed to be used as a year-round
residential dwelling. The manufactured dwelling is a structure that
is constructed for movement on the public highways, that has sleeping,
cooking, and plumbing facilities and that is being used for residential
purposes.
means a single-family residential structure, as defined in
ORS 446.003(25)(a)(C), which includes a Department of Housing and
Urban Development (HUD) label certifying that the structure is constructed
in accordance with the Manufactured Housing Construction and Safety
Standards of 1974 (42 USC Section 5401 et seq.) as amended on August
22, 1981.
means a manufactured dwelling that was constructed between
January 1, 1962, and June 15, 1976, and met the construction requirements
of Oregon mobile home law in effect at the time of construction.
means a home constructed in the current or previous year
means any public real estate listing of homes for sale in
the city of Milwaukie, by a property owner, representative of a property
owner, or by a licensed real estate agent. Real estate listings include
any printed advertisement, internet posting, or publicly displayed
sign, including, but not limited to, Regional Multiple Listing Service,
Craigslist, Nextdoor and other social media platforms, Redfin, Zillow,
Trulia and other third-party listing services. Real estate listings
are required to include the Home Energy Performance Score and the
Home Energy Performance Report.
means a manufactured dwelling that was constructed prior
to January 1, 1962.
means the conveyance of title to real property as a result
of the execution of a real property sales contract. Sale does not
include transfer of title pursuant to inheritance, involuntary transfer
of title resulting from default on an obligation secured by real property,
change of title pursuant to marriage or divorce, condemnation, or
any other involuntary change of title affected by operation of law.
means any of the following: any individual or entity possessing
title to a property that includes a covered building, the association
of unit owners responsible for overall management in the case of a
condominium, or other representative body of the jointly-owned building
with authority to make decisions about building assessments and alterations.
means a structure, or manufactured home, containing one dwelling
unit with no structural connection to adjacent units.
(Ord. 2187 § 1, 2020)
A.
The
City Manager is authorized to administer and enforce this chapter's
provisions.
B.
The
City Manager is authorized to adopt procedures and forms to implement
this chapter's provisions.
(Ord. 2187 § 1, 2020)
Prior to publicly listing any covered building for sale, the
seller of a covered building, or the seller's designated representative,
must:
A.
Obtain
a home energy performance report of such building from a state licensed
home energy assessor; and
C.
Maintain
a copy of the home energy performance report available for review
by City Manager upon request for quality assurance and evaluation
of policy compliance;
D.
Include
the Home Energy Performance Score in all real estate listings, including
the Home Energy Performance Report if attachments are accepted by
the listing service.
(Ord. 2187 § 1, 2020)
A.
The
City Manager will exempt a seller from the requirements of this chapter
if the seller submits documentation that the covered building will
be sold through of any of the following:
B.
The
City Manager may exempt a seller from the requirements of this chapter
after confirming that compliance would cause undue hardship for the
seller under the following circumstances:
1.
The
covered building qualifies for sale at public auction or acquisition
by a public agency due to arrears for property taxes;
2.
A
court appointed receiver is in control of the covered building due
to financial distress;
3.
The
senior mortgage on the covered building is subject to a notice of
default;
4.
The
covered building has been approved for participation in Oregon Property
Tax Deferral for Disabled and Senior Citizens, or equivalent program
as determined by the City Manager; or
5.
The
responsible party is otherwise unable to meet the obligations of this
chapter as determined by the City Manager.
C.
To
the extent that city funds are available, the City Manager may exempt
a seller from the assessment fee when the seller participates in the
Milwaukie Home Energy Score Low-Income Assistance program by demonstrating
household income that is at or below 80 percent of median household
income for the Portland-Vancouver-Hillsboro, OR-WA Metropolitan Statistical
Area.
(Ord. 2187 § 1, 2020)
A.
It
is a violation of this chapter for any person to fail to comply with
the requirements of this section or to misrepresent any material fact
in a document required to be prepared or disclosed by this chapter.
B.
Any
building owner or person who does not comply with the provisions of
this chapter will be subject to the following:
1.
Upon
the first violation, the City Manager may issue a written warning
notice to the entity or person, describing the violation and steps
required to comply.
2.
If
the violation is not remedied within 30 days after issue of written
warning notice, the City Manager may assess a civil penalty of up
to $500.00. For every subsequent 90-day period during which the violation
continues, the City Manager may assess additional civil penalties
of up to $500.00.
(Ord. 2187 § 1, 2020)
