2005 Vermont Code - § 268. — Commercial building energy standards

§ 268. Commercial building energy standards

(a) Definitions. For purposes of this subchapter, "commercial buildings" means all buildings that are not residential buildings or farm structures as defined in 24 V.S.A. § 4413.

(1) The following buildings, or portions of those buildings, separated from the remainder of the building by thermal envelope assemblies complying with this section shall be exempt from the building thermal envelope provisions of the standards:

(A) Those that do not contain conditioned space.

(B) Those with a peak design rate of energy usage less than an amount specified in the commercial building energy standards (CBES).

(2) These standards shall not apply to equipment or portions of building energy systems that use energy primarily to provide for industrial, manufacturing, or commercial processes.

(b) Adoption of commercial building energy standards. Commercial building construction with respect to which no state or local permit application has been submitted on or after January 1, 2007 shall be in compliance with the standards contained in the 2005 Vermont Guidelines for Energy Efficient Commercial Construction, as those standards may be amended by administrative rule adopted by the commissioner of public service.

(c) Revision and interpretation of energy standards. On or about January 1, 2009, and at least every three years thereafter, the commissioner of public service shall amend and update the CBES by means of administrative rules adopted in accordance with 3 V.S.A. chapter 25. At least a year prior to final adoption of each required revision of the CBES, the department of public service shall convene an advisory committee to include one or more mortgage lenders, builders, building designers, utility representatives, and other persons with experience and expertise, such as consumer advocates and energy conservation experts. The advisory committee may provide the commissioner of public service with additional recommendations for revision of the CBES.

(1) Any amendments to the CBES shall be:

(A) Consistent with duly adopted state energy policy, as specified in 30 V.S.A. § 202a.

(B) Evaluated relative to their technical applicability and reliability.

(2) Each time the CBES are amended by the commissioner of public service, the amended CBES shall become effective upon a date specified in the adopted rule, a date that shall not be less than three months after the date of adoption. Persons submitting an application for any state or local permit authorizing commercial construction before the effective date of the amended CBES shall have the option of complying with the applicable provisions of the earlier or the amended CBES. After the effective date of the original or the amended CBES, any person submitting an application for any state or local permit authorizing commercial construction in an area subject to the CBES shall comply with the most recent version of the CBES.

(3) The advisory committee convened under this subsection, in preparing for the CBES updates, shall advise the department of public service with respect to the coordination of the CBES amendments with existing and proposed demand-side management programs offered in the state.

(d) Certification requirement. Commercial buildings shall be certified as compliant with CBES in accordance with this subsection. A certification may be issued by a builder, a licensed professional engineer, or a licensed architect. If certification is not issued by a licensed professional engineer or a licensed architect, it shall be issued by the builder. Any certification shall be accompanied by an affidavit and shall certify that the commercial construction meets the CBES. The department of public service will develop and make available to the public a certificate that lists key features of the CBES. Any person certifying shall use this certificate or one substantially like it to certify compliance with CBES. Certification shall be issued by completing and signing a certificate and permanently affixing it to the outside of the heating or cooling equipment, to the electrical service panel located inside the building, or in a visible location in the vicinity of one of these three areas. The certificate shall certify that the building has been constructed in compliance with the requirements of the CBES. The person certifying under this subsection shall provide a copy of each certificate to the department of public service and shall assure that a certificate is recorded and indexed in the town land records. A builder may contract with a licensed professional engineer or a licensed architect to issue certification and to indemnify the builder from any liability to the owner of the commercial construction caused by noncompliance with the CBES.

(e) Action for damages.

(1) Except as otherwise provided in this subsection, a person aggrieved by noncompliance with this section may bring a civil action against a person who has the obligation of certifying compliance under subsection (d) of this section. This action may seek injunctive relief, damages, court costs, and attorneys' fees. As used in this subdivision, "damages" means:

(A) costs incidental to increased energy consumption; and

(B) labor, materials, and other expenses associated with bringing the structure into compliance with CBES in effect on the date construction was commenced.

(2) A person's failure to affix the certification as required by this section shall not be an affirmative defense in such an action against the person.

(3) The rights and remedies created by this section shall not be construed to limit any rights and remedies otherwise provided by law.

(4) The right of action established in this subsection may not be waived by contract or other agreement.

(f) Violation of section. Any person who falsely certifies under this section, or any builder who fails to certify under this section when required to do so, shall be subject to a civil penalty of not more than $250.00. Each violation shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense.

(g) Title validity not affected. A defect in marketable title shall not be created by a failure to issue certification or a certificate, as required under subsection (d) of this section, or by a failure under that subsection to: affix a certificate; provide a copy of a certificate to the department of public service; or record and index a certificate in the town records. (Added 2005, No. 208 (Adj. Sess.), § 8.)