§ 15.02. Definitions.

The following words, terms, and phrases, when used in Part I of this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1 )

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

(2 )

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

(a)

the summary audit report,

(b)

a general assessment of how the major energy consuming equipment and systems used within tenant spaces impact the energy consumption of the base building systems based on a representative sample of spaces as determined by the director, and

(c)

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

(3 )

"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:

(a)

The building envelope,

(b)

The HVAC (heating ventilating and air conditioning) systems,

(c)

Conveying systems,

(d)

Electrical and lighting systems,

(e)

Domestic hot water systems,

(f)

Water distribution systems,

(g)

Plumbing fixtures and other water-using equipment, and

(h)

Landscape irrigation systems and fountains.

Base building systems do not include:

(i)

Systems or subsystems owned by residential tenants, condominium unit owners, or cooperative unit shareholders, or a system or subsystems for which such residential tenants, condominium unit owners, or cooperative unit shareholders bear full maintenance responsibility and that is within the residential tenant's, condominium unit owner's, or cooperative unit shareholder's leased or owned space and/or exclusively serves such leased or owned space.

(ii)

Systems or subsystems owned by a non-residential tenant or for which a non-residential tenant bears full maintenance responsibility; and that is within the tenant's leased space and/or exclusively serves such leased space; and for which the tenant pays all the energy bills according to usage and demand as measured by a meter or sub-meter.

(iii)

Systems or subsystems of any industrial, or manufacturing processes, or of an "amusement ride" as that term is defined in section 616.242(3)(a), Florida Statutes.

(4)

"Benchmark" means to input and submit the total energy consumed for a property for the previous calendar year and other descriptive information for such property as required by the benchmarking tool. Total energy consumption shall not include separately metered uses that are not integral to building operations, such as broadcast antennas and electric vehicle charging stations, as determined by the director.

(5)

"Benchmarking submission" means a subset of:

(a)

Information inputted into the benchmarking tool; and

(b)

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

(6)

"Benchmarking tool" means the U.S. Environmental Protection Agency's ENERGY STAR Portfolio Manager, or any functionally equivalent or superior tool selected by the owner and approved by the director, used to track and assess the energy use of certain buildings relative to similar properties.

(7)

"Building management system" means a computer-based system that monitors and controls a building's mechanical and electrical equipment, such as HVAC, lighting, power, fire, and security systems.

(8)

"Continuous commissioning" means an ongoing process of comparing data obtained through the building management system with analytic models; identifying problematic sensors, controls and equipment; and resolving operating problems, optimizing energy use and identifying retrofits for existing buildings.

(9)

"Covered city property" means a property:

(a)

That exceeds 10,000 gross square feet in total gross floor area; and

(b)

That is owned by the city or for which the city regularly pays all or part of the annual energy bills.

(10)

"Covered non-city property" means a property, other than covered city property:

(a)

That exceeds 50,000 gross square feet in total gross floor area; or

(b)

That has one or more buildings held in the condominium form of ownership that is governed by the same board of managers and that equals or exceeds 50,000 gross square feet in total combined floor area.

(11)

"Covered property" means any covered city property or covered non-city property.

(12)

"Current facility requirements" means the owner's current operational needs and requirements for a building, including temperature and humidity set points, operating hours, filtration, and any integrated requirements such as controls, warranty review, and service contract review.

(13)

"Director" means the director of the City of Orlando's Office of Sustainability & Energy.

(14)

"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 captured by ENERGY STAR Portfolio Manager.

(15)

"Energy audit" or "audit" means a systematic process of identifying and developing 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 efficiency technologies to optimize energy use performance of the building and achieve energy savings, provided that such process shall be at least as stringent as or comparable to the Level 2 Energy Survey and Engineering Analysis of the most recent edition of Standard 211 Procedures for Commercial Building Energy Audits published by the American Society of Heating, Refrigerating and Air-conditioning Engineers Inc. (ASHRAE). Eligible audits such as the ASHRAE Building Energy Quotient (bEQ) and/or the free commercial audit offered by a utility provider will be allowed to comply with the audit requirements.

(16)

"Energy auditor" means an individual possessing such certifications as determined by the director to perform or directly supervise individuals performing energy audits and to certify audit reports required by this ordinance. The auditor could be an employee or contractor hired by the reporting entity, an employee of the utility provider, or a third-party service provider who qualifies with the minimum criteria. Until such time as there is a US Department of Energy (DOE)-recognized standard establishing qualifications for persons performing energy audits and such standard has been adopted by the office, an energy auditor and any member(s) of the team that such auditor supervises shall have the certifications or qualifications as the office deems to be appropriate. After the establishment of such a DOE-recognized standard, the office may adopt the qualifications of the DOE-recognized standard with modifications as the office deems to be appropriate. In the interim, energy auditors shall have earned one or more of the following credentials and have two or more years of auditing experience: licensed Professional Engineers (PE), Certified Energy Managers (CEM), Certified Facilities Manager (CFM), Building Energy Assessment Professional (BEAP), Existing Building Commissioning Professional (EBCP), or Certified Energy Auditor (CEA).

(17)

"Energy management system" means a system incorporating interior temperature sensors and a central processing unit and controls, which are used to monitor and control gas, steam, and oil usage, as is applicable.

(18)

"ENERGY STAR score" means the 1—100 score or the Energy Use Intensity (EUI) numeric rating generated by the ENERGY STAR Portfolio Manager tool.

(19)

"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 nationwide.

(20)

"Financial hardship" (of a property) means a property that:

(a)

Had arrears of property taxes or water or wastewater charges that resulted in the property's inclusion, within two years prior to the due date of a summary audit/retro-commissioning report, on the Orange County Property Appraiser's annual tax lien sale list;

(b)

Has a court appointed receiver is in control of the asset due to financial distress;

(c)

Is owned by a financial institution through default by the borrower;

(d)

Has been acquired by a deed in lieu of foreclosure; or

(e)

Has a senior mortgage subject to a notice of default.

(21)

"Office" means the City of Orlando Office of Sustainability & Energy.

(22)

"Owner" means any of the following:

(a)

An individual or entity possessing title to a covered property or covered city small property;

(b)

The net lessee in the case of a property subject to a triple net lease;

(c)

The board of managers in the case of a condominium;

(d)

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

(e)

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

(23)

"Qualified Benchmarker" means an individual or entity that possesses a benchmarking certification or other credential or credentials approved by the director. Qualified Benchmarkers include Registered Architects (RAs), Professional Engineers (PEs) licensed in the State of Florida, Certified Energy Managers (CEM), Certified Facilities Managers (CFMs), Building Energy Audits Professionals (BEAPs), Individuals with a Certificate of Proficiency of Benchmarking (CPB), Real Property Administrators (RPAs), Facilities Management Administrators (FMAs), System Maintenance Administrators (SMAs), System Maintenance Technicians (SMTs), High Performance Managers (HPMs), Certified Healthcare Facility Managers (CHFMs), Certified Plant Maintenance Managers (CPMMs), or designated staff with at least three years of professional experience performing benchmarking and energy audits on similar types of buildings, or additional credentials approved by the director.

(24)

"Retro-commissioning" means a systematic process for optimizing the energy efficiency of existing base building systems through the identification and correction of deficiencies in such systems, including, but not limited to, repairs of defects, cleaning, adjustments of valves, sensors, controls or programmed settings, and/or changes in operational practices.

(25)

"Retro-commissioning measure" means a correction that has been identified during the analysis phase of retro-commissioning.

(26)

"Retro-commissioning professional" means an individual or hired contractor, who shall not be on the staff of the property being retro-commissioned, authorized by the office to certify retro-commissioning reports required by this ordinance. Until such time as there is a U.S. Department of Energy ("DOE")-recognized standard establishing qualifications for persons who perform retro-commissioning and such standard has been adopted by the office, a retro-commissioning professional or member(s) of the team such professional supervises shall have such qualifications or certifications as determined by the office. After the establishment of such a DOE-recognized standard, the office may adopt the qualifications of the DOE-recognized standard with such modifications as the office deems to be appropriate.

(27)

"Retro-commissioning report" means the final document produced by the retro-commissioning professional including, but not limited to,:

(a)

Summary retro-commissioning report;

(b)

Benchmarking output;

(c)

List of repairs completed during investigation;

(d)

List of deficiencies corrected, including, for each deficiency, the date of the correction, by whom the correction was made, the actual cost, projected annual savings, the net present value, and simple payback for each measure;

(e)

Testing protocol, including a list of all equipment types tested, a list of the sample rates (percent of each type of equipment tested) for each equipment type tested, the testing methodology, including any diagnostic equipment used, the test results, and a list of integrated system testing performed; and

(f)

Master list of findings, including for each, the name of the retro-commissioning measure, a brief description of the measure, recommended corrections, the benefits attained, estimated annual savings (energy and cost), the estimated implementation cost, the net present value, and the simple payback.

(28)

"Shared benchmarking information" means information generated by the benchmarking tool and descriptive information about the physical property and its operational characteristics that is shared with the public. The information, as defined by ENERGY STAR Portfolio Manager's glossary, must include, but is not limited to:

(a)

Descriptive information

1.

Property address;

2.

Primary use type;

3.

Gross floor area;

(b)

Output information

1.

Site energy use intensity (Site EUI);

2.

Weather normalized source energy use intensity (Source EUI);

3.

Total annual greenhouse gas emissions;

4.

The ENERGY STAR score, where available; and

(c)

Compliance or noncompliance with this ordinance.

(29)

"Space" means an area within a building enclosed by floor to ceiling walls, partitions, windows and doors.

(30)

"Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or improvement of a property, the cost of which equals or exceeds 50 percent of the market value of the property before the improvement or repair is started.

(31)

"Summary audit report" means the abbreviated report certified by the energy auditor on a form determined by the office that shall include at a minimum:

(a)

Information on the energy auditor and his/her team;

(b)

The date the audit was completed;

(c)

Property information (such as building address, building age, gross floor area as defined by ENERGY STAR Portfolio Manager's glossary, number of buildings on the property, year of major renovation or remodel, etc.);

(d)

Building ID number, as referenced in the benchmarking submission;

(e)

The building's benchmarking submission for the previous calendar year consistent with the United States Environmental Protection Agency (EPA) Portfolio Manager tool or as otherwise established by the office;

(32 )

"Summary retro-commissioning report" means the abbreviated report certified by the retro-commissioning professional on a form determined by the office that shall include at a minimum:

(a)

Retro-commissioning team information;

(b)

The date the retro-commissioning was completed;

(c)

Property information (such as building address, building age, gross floor area as defined by ENERGY STAR Portfolio Manager's glossary, number of buildings on the property, etc.),

(d)

Building staff information;

(e)

List of repairs or modifications completed during investigation

(33)

"System" or "subsystem" means a building assembly made up of various components that serve a specific function including but not limited to exterior walls, windows, doors, roofs, ceilings, floors, lighting, piping, ductwork, insulation, HVAC system equipment or components, electrical appliances and plumbing appliances.

(34)

"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.

(35)

"Theme park" means an entertainment or resort complex comprised of at least 25 acres of land with permanent exhibitions and a variety of recreational activities, which has at least 1 million visitors annually, together with any dining and recreational facilities located adjacent to, contiguous to, or in close proximity to the theme park, as long as the owners or operators of the theme park, or a parent or related company or subsidiary thereof, has an equity interest in the dining or recreational facilities or is in privity therewith. Close proximity include[s] an area within a 5-mile radius of the theme park complex. Excluded from this definition are (a) hotels, and (b) those administrative buildings, office buildings, and warehouses that support the theme park and its operations but are not typically open to theme park visitors.

(36)

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

(Ord. No. 2016-64, § 1, 12-5-2016, Doc. #1612051208)