§ 14.30.004. Definitions.

Aggregated, whole-building data means energy or water data that has been summed for an entire property, which may include a single occupant or a group of separately metered tenants.

Anonymized data means data that does not reveal names, addresses or any other information that would identify an individual or business.

Audit means a systematic evaluation process to identify modifications and improvements of the base building systems, including but not limited to alterations of such systems and the installation of new equipment, insulation or other generally recognized energy and water efficiency technologies to optimize energy and water use performance of the building and achieve energy and water savings, that is performed in accordance with industry standard practices.

Audit report means the final document produced by the qualified auditor including but not limited to:

(1)

The summary audit report;

(2)

Functional performance testing reports;

(3)

An assessment of how the major energy and water consuming equipment and systems used within tenant spaces impact the energy and water consumption of the base building systems based on a representative sample of spaces as determined by the manager; and

(4)

Narratives, photographs and any additional explanatory information as required to describe the results of the audit.

Base building systems means the systems or subsystems of a building that use or distribute energy and/or water and/or impact energy and/or water consumption, including:

(1)

The building envelope;

(2)

The heating, ventilating, and air conditioning (HVAC) systems;

(3)

Conveying systems;

(4)

Electrical and lighting systems;

(5)

On-site generation systems;

(6)

Domestic hot water systems;

(7)

Water distribution systems;

(8)

Plumbing fixtures and other water-using equipment; and

(9)

Landscape irrigation systems and water features, including fountains.

The term does not include:

(1)

Systems or subsystems owned by tenants, condominium unit owners or cooperative unit shareholders, or a system or subsystems for which such entities bear full maintenance responsibility, that are within such entities' leased or owned space, and for which such entity pays all the energy bills according to usage and demand as measured by a meter or sub-meter;

(2)

Systems or subsystems that operate industrial applications or processes.

Baseline year means, for any individual property, the latter of a) the first calendar year such property is required to benchmark or b) the calendar year containing the date five years prior to due date of the property's next performance verification.

Benchmarking means to input and submit the total energy and water consumed for a property for the previous calendar year and other descriptive information for such property as required by the benchmarking tool. Total energy and water consumption shall not include separately metered uses that are not integral to building operations, as determined by the manager.

Benchmarking submission means a subset of:

(1)

Information input into the benchmarking tool; and

(2)

Benchmarking information generated by the benchmarking tool, as determined by the manager.

Benchmarking tool means ENERGY STAR portfolio manager.

Code compliance officer means a designated professional with code enforcement duties.

Condominium means a property that combines separate ownership of individual units with common ownership of other elements such as common areas.

Covered property means the buildings described in sections 14.30.003 (a), (b), and (c).

Department means the sustainability and climate division of the city manager's office.

Energy means electricity, natural gas, steam, or other product sold by a utility to a customer of a property, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses as recorded in the benchmarking tool.

ENERGY STAR portfolio manager means the tool developed and maintained by the U.S. Environmental Protection Agency to track and assess the relative energy performance of buildings.

ENERGY STAR score means the 1-100 numeric rating generated by the ENERGY STAR portfolio manager tool as a measurement of a building's energy efficiency.

Gross floor area means the total property area, measured between the outside surface of the exterior walls of the building(s). This includes all areas inside the building(s) including but not limited to lobbies, tenant areas, common areas, meeting rooms, break rooms, atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, and storage rooms

Manager means the city manager or his/her designee.

Owner means any of the following:

(1)

An individual or entity possessing title to a property;

(2)

The tenant in the case of a property subject to a triple net lease with a single tenant:

(3)

The board of the owners' association, in the case of a condominium;

(4)

The master association, in the case of a condominium where the powers of an owners' association are exercised by or delegated to a master association;

(5)

The board of directors, in the case of a cooperative apartment corporation; or

(6)

An agent authorized to act on behalf of any of the above.

Qualified auditor means an individual who is not on the staff of the property being audited and possesses such qualifications as determined by the manager to perform or directly supervise individuals performing energy and water audits, and to certify audit reports required by this chapter. The qualified auditor can be an employee or contractor hired by the reporting entity, an employee of a utility, or a third-party service provider who has two or more years of auditing experience and possesses one or more of the following certifications:

(1)

An accredited certification that has been designated a "Better Buildings Recognized Program" by the U.S. Department of energy meeting the criteria set forth in the Better Buildings Workforce Guidelines (BBWG) for building energy auditors or energy managers; or

(2)

A professional engineer (PE) registered in the State of Nevada; or

(3)

Certified energy auditor (CEA) or certified energy manager (CEM), issued by the Association of Energy Engineers (AEE); or

(4)

Certified facilities manager (CFM), issued by the International Facility Management Association (IFMA); or

(5)

System maintenance administrator (SMA) or system maintenance technician (SMT), issued by Building Owners and Managers Institute (BOMI) International; or

(6)

High performance building design professional (HBPD) or building energy assessment professional (BEAP), issued by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE); or

(7)

For audits of multifamily residential buildings only, a multifamily building analyst (MFBA), issued by the Building Performance Institute (BPI); or

(8)

Additional qualified certifications as the manager deems appropriate.

Qualified retuning professional means an individual who is not on the staff of the property being retuned and possesses such qualifications as determined by the manager to perform or directly supervise individuals performing the retuning work required by this chapter. The qualified retuning professional can be an employee or contractor hired by the reporting entity, an employee of a utility, or a third-party service provider who has two or more years of commissioning or retuning experience and possesses one or more of the following certifications:

(1)

An accredited certification that has been designated a "Better Buildings Recognized Program" by the department of energy meeting the criteria set forth in the Better Buildings Workforce Guidelines (BBWG) for building commissioning professionals;

(2)

A professional engineer (PE) registered in the State of Nevada;

(3)

Certified commissioning professional (CCP), issued by the Building Commissioning Association (BCA);

(4)

Certified commissioning authority (CxA) or certified commissioning technician (CxT), issued by the AABC Commissioning Group (ACG);

(5)

Certified building commissioning professional (CBCP) or existing building commissioning professional (EBCP), issued by the Association of Energy Engineers (AEE);

(6)

Certified professional certified by the National Environmental Balancing Bureau (NEBB);

(7)

Commissioning process management professional (CPMP), issued by American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE);

(8)

Accredited commissioning process authority professional (ACPAP) approved by the University of Wisconsin; or

(9)

Additional qualified certifications as the manager deems appropriate.

Qualified service company has the meaning ascribed in NRS 333A.060.

Retuning means a systematic process for optimizing building performance through the assessment, identification and correction of deficiencies in existing base building systems, including but not limited to repairs of defects, cleaning, adjustments of valves, sensors, controls or programmed set points, and/or changes in operational practices.

Retuning report means the report produced by the retuning professional and provided to the building owner, including but not limited to:

(a)

Summary retuning report;

(b)

Energy end use breakdown;

(c)

Water end use breakdown;

(d)

Functional performance testing reports; and

(e)

Operational training conducted.

Tenant means a person or entity occupying or holding possession of a building, part of a building or premises pursuant to a rental or lease agreement.

Utility means an entity that distributes and/or sells natural gas, electric, water, or thermal energy services for buildings.

(Ord No. 6493, § 1, 1-9-19)