15.76.050 Energy audits.
A. The buyer of a dwelling subject to the provisions of this chapter shall, within one hundred eighty (180) days of the sale or exchange of such dwelling:
1. Arrange for an energy audit of the dwelling by an energy auditor;
2. Upon completion of the energy audit, perform, or have performed, the tasks set forth by the auditor as required to meet the energy conservation standards herein prescribed as set forth by the auditor on proof of compliance form; and
3. Upon compliance, record a copy of the proof of compliance form, as completed by the energy auditor, with the director or his or her designated representative.
B. 1. An energy auditor, when so authorized by a buyer, shall conduct an energy audit of the dwelling consistent with the standards set forth in this chapter. The auditor shall set forth his or her findings on a proof of compliance form approved by the director. If the dwelling fails to meet the standards set forth in this chapter, the auditor shall indicate on the proof of compliance form the work necessary to bring the dwelling into compliance.
2. If the dwelling is in compliance with the provisions of this chapter, the buyer shall record the proof of compliance form as set forth above.
3. If the dwelling does not comply with the provisions of this chapter the buyer shall perform, or have performed, the tasks set forth by the auditor as required to comply with the provisions of this chapter. Thereafter, the buyer shall request a subsequent verification by an energy auditor to determine if the dwelling is in compliance with the provisions of this chapter. The auditor shall set forth his or her findings on the proof of compliance form. If the dwelling is then determined to be in compliance with the provisions of this chapter, the buyer shall record the proof of compliance form as set forth above. If the dwelling is not in compliance, the buyer will continue to be subject to the provisions of this chapter.
C. The buyer may satisfy the requirements of this chapter by demonstrating to the satisfaction of the director that seven hundred fifty dollars ($750.00), or one and one-half percent of the fair market value of the dwelling as of the date of sale, whichever is greater, has been reasonably expended or paid by the buyer in meeting the energy conservation standards prescribed by Section 15.76.030 of this chapter with respect to said dwelling. Such demonstration shall be in the form of receipts, invoices or other documentation satisfactory to the director showing the actual cost of material or labor and the date of installation. If the director determines that the foregoing provisions have been satisfied, he or she shall issue a proof of compliance form to the buyer, indicating thereon the manner in which the buyer has satisfied the foregoing provisions. A copy of said proof of compliance form shall be retained by the director. Nothing contained herein shall be construed to require an expenditure or payment beyond that necessary to comply with the energy conservation standards of Section 15.76.030 of this chapter.
D. Any dwelling which has been determined to be in compliance pursuant to this chapter shall, upon recordation of the proof of compliance form as set forth above, be exempt from the provisions of this chapter for ten (10) years following the date of the audit at which such determination was made.
E. 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 or offered to be performed free of charge to the buyer.
F. The director may grant the buyer an extension of time within which to comply with the requirements of this chapter, if the director determines that the buyer is engaged in the rehabilitation of a substantial portion of dwelling, that the buyer has obtained a building permit for such rehabilitation, and that such rehabilitation efforts make the performance of the energy conservation measures required by this chapter infeasible or premature within the time provided by subsection A of this section and if it appears to the director that the buyer will comply with the requirements of this chapter within the period of such extension.
The director may grant the extension as follows:
1. For a fixed period of time, not to exceed one hundred eighty (180) additional days; or
2. For the term of the building permit obtained by the buyer for such rehabilitation; provided, however, that if an extension is granted pursuant to this part the final inspection and approval required by Section 15.08.290 of this title shall not be deemed complete and the project shall not be deemed approved thereunder until the buyer has complied with the requirements of this chapter.
The director may condition the grant of an extension as he or she deems necessary to secure compliance with the requirements of this chapter.
A buyer may apply for an extension provided for in this subsection by submitting a written request to the director in a form approved by the director. Such request shall be accompanied by such information as is deemed necessary by the director in order to determine whether the conditions for granting an extension exist. (Prior code § 9.22.755)
