City Of Burlington: An Ordinance in Relation to B.C.O. Chapter 18. Housing - §18-30 

City Of Burlington:
In the Year Two thousand Twenty-Two An Ordinance in Relation to B.C.O. Chapter 18. Housing - §18-30 Applicability of Minimum Energy Efficiency Standards

ORDINANCE 6.04

Sponsor: Ordinance Committee, Department of Permitting and Inspections

Public Hearing Dates: __

First reading: _____

Referred to: ____

Rules suspended and placed in all stages of passage: 01/10/22

Second reading: ______

Action: ____

Date: 01/10/22

Signed by Mayor: 01/27/22

Published: 02/02/22

Effective: 02/23/22

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Chapter 18, Housing, Article III, Minimum Standards, Division 6. Minimum Energy Efficiency Standards, Section 18-130, Applicability of minimum energy efficiency standards, of the Code of Ordinances of the City of Burlington be and hereby is amended to read as follows:

DIVISION 6. MINIMUM ENERGY EFFICIENCY STANDARDS

18-130 Applicability of minimum energy efficiency standards.

(a) Applicability. This Division shall apply to residential rental properties that on an annual basis use 90,000 50,000 British thermal units (BTUs) or more per conditioned square foot for space heating purposes, according to the following schedule:

(1) Applicable to residential rental properties that on an annual basis use 90,000 BTUs or more per conditioned square foot for space heating purposes as of January 1, 2022.

(2) Applicable to residential rental properties that on an annual basis use 70,000-89,999 BTUs per conditioned square foot for space heating purposes as of January 1, 2023.

(3) Applicable to residential rental properties that on an annual basis use 60,000-69,999 BTUs per conditioned square foot for space heating purposes as of January 1, 2024.

(4) Applicable to residential rental properties that on an annual basis use 50,000-59,999 BTUs per conditioned square foot for space heating purposes as of January 1, 2025.

(b) Exceptions. This Division shall apply to rental properties described in Section 18-130(a), but excluding:

(1) Rental properties that on an annual basis use less than 90,000 50,000 British thermal units (BTUs) per conditioned square foot for space heating purposes;

(2) In mixed commercial/residential rental buildings this article shall apply only to the residential rental portion of the building;

(3) Seasonal rental properties not rented between November 1 and March 31 of each year;

(4)Rental properties that have previously and successfully participated in any weatherization incentive programs provided by local utility, state, or federal entities, as approved by the program administrator within the last ten (10) years; and

(5) Rental properties which have the necessary valid permits to be demolished or converted to a nonresidential use.

(c) Temporary Waivers. The program administrator may grant a temporary waiver for requirements under this Division for up to one (1) year if: 1) the owner of a rental property cannot obtain financing for energy improvements required under this article and can document that good faith efforts to obtain financing from three different financial institutions have been unsuccessful; 2) the owner of a rental property cannot obtain a Professional Building Weatherization Contractor to perform the work required under this article and can document good faith attempts to procure such Contractor; or 3) if the owner of a rental property can document that the owner is registered to receive financial support for weatherization through a utility incentive program or low income weatherization program.

18-131 – 18-199 As written.

* Material stricken out deleted.

** Material underlined added.