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The City of Portland, Oregon

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City of Portland

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17.108.020 Definitions.

For purposes of Chapter 17.108 the following terms shall be understood to have the meanings specified in this Section. Terms, words, phrases, and their derivatives used but not specifically defined in this Chapter shall have their commonly understood meanings.

A.  “Accessory Dwelling Unit” means a second dwelling unit created on a lot with a house, attached house, or manufactured home. The second unit is created auxiliary to, and is always smaller than, the house, attached house, or manufactured home. The unit includes its own independent living facilities including provision for sleeping, cooking, and sanitation, and is designed for residential occupancy by one or more people, independent of the primary dwelling unit.

B.  “Administrative Rule” means the rules promulgated under Section 17.108.030 of Chapter 17.108.

C.  “Asset Rating” means a numerical value calculated by a home energy performance score system. The asset rating is an easy-to-produce rating designed to help homeowners and homebuyers gain useful information about a house's energy performance and recommendations on cost-effective energy efficiency improvements. For existing houses, the asset rating is produced based on an in-house assessment that can be completed in less than an hour. For new houses, the asset rating may be produced based on design documents for the house.

D.  “Covered Building” means any residential structure containing a single dwelling unit or house, regardless of size, on its own lot. “Covered building” also includes attached single dwelling unit, regardless of whether it is located on its own lot, where each unit extends from foundation to roof, such as a row house, attached house, common-wall house, duplex, or townhouse. “Covered building” does not include detached accessory dwelling units or manufactured dwellings. “Covered building” also does not include single dwelling units used solely for commercial purposes.

E.  “Director” means the Director of the Bureau of Planning and Sustainability or his or her authorized representative, designee or agent.

F.  “Energy” means electricity, natural gas, propane, steam, heating oil, wood or other product sold for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities.

G.  “Homebuilder” means an individual or business entity building new construction single dwelling unit housing within the City of Portland to be listed for sale. 

H.  “Home Energy Assessor” means a person who is certified as a home energy assessor by the Oregon Construction Contractors Board to determine home energy performance scores for residential dwelling units.

I.  “Home Energy Performance Report” means the report prepared by a home energy assessor in compliance with Oregon Administrative Rules adopted by Oregon Department of Energy for Oregon Home Energy Score Standard. The Report must include the following information:

1.  The home energy performance score and an explanation of the score;

2.  An estimate of the total annual energy used in the home in retail units of energy, by fuel type;

3.  An estimate of the total annual energy generated by on-site solar electric, wind electric, hydroelectric, and solar water heating systems in retail units of energy, by type of fuel displaced by the generation;

4.  An estimate of the total monthly or annual cost of energy purchased for use in the covered building in dollars, by fuel type, based on the current average annual retail residential energy price of the utility serving the covered building at the time of the report and the average annual energy prices of non-regulated fuels, by fuel type, as provided by the Oregon Department of Energy;

5.  The current average annual utility retail residential energy price in dollars, by fuel type, and the average annual energy prices of non-regulated fuels, by fuel type, provided by the Oregon Department of Energy and used to determine the costs described in Subsection 17.108.020 I.4. of this section;

6.  At least one comparison home energy performance score that provides context for the range of possible scores. Examples of comparison homes include, but are not limited to, a similar home with Oregon’s average energy consumption, the same home built to Oregon energy code, and the same home with certain energy efficiency upgrades;

7.  The name of the entity that assigned the home energy performance score and that entity’s Construction Contractors Board license number if such a license is required by law;

8.  The date the building energy assessment was performed; and

9.  For reports that meet all requirements of Oregon Administrative Rules adopted by Oregon Department of Energy for Oregon’s Home Energy Performance Score Standard, the statement “This report meets Oregon’s Home Energy Performance Score standard” must be included on home energy performance reports.

J.  “Home Energy Performance Score” means an asset rating that is based on physical inspection of the home or design documents used for the home’s construction.

K.  “Home Energy Performance Score System” means a system that incorporates building energy assessment software to generate a home energy performance score and home energy performance report. Examples of home energy performance score systems include, but may not be limited to, the U.S. Department of Energy Home Energy Score, the Energy Performance Score (EPS) or the Home Energy Rating System (HERS).

L.  “House” means a detached dwelling unit located on its own lot.

M.  “Listed publicly for sale” means listing the covered building for sale by printed advertisement, internet posting, or publicly displayed sign.

N.  “Manufactured Dwelling” means a dwelling unit constructed off of the site which can be moved on the public roadways. Manufactured dwellings include residential trailers, mobile homes, and manufactured homes.

O.  “Manufactured Home” means a manufactured dwelling constructed after June 15, 1976 in accordance with federal manufactured housing construction and safety standards (HUD code) in effect at the time of construction.

P.  “Mobile Home” means a manufactured dwelling constructed between January 1, 1962, and June 15, 1976, in accordance with the construction requirements of Oregon mobile home law in effect at the time of construction.

Q.  “Real estate listings” means any public real estate listing of homes for sale in the City of Portland. “Real estate listings” include listing a home for sale by a property owner or by a licensed real estate agent. “Real estate listings” include any printed advertisement, internet posting, or publicly displayed sign, including but not limited to Regional Multiple Listing Service, Redfin, Zillow, Trulia and other third party listing services. “Real estate listings” are required to include the Home Energy Performance Score and the Home Energy Performance Report.

R.  “Residential Trailer” means a manufactured dwelling constructed before January 1, 1962, which was not constructed in accordance with federal manufactured housing construction and safety standards (HUD code), or the construction requirements of Oregon mobile home law.

S.  “Sale” means the conveyance of title to real property as a result of the execution of a real property sales contract. “Sale” does not include transfer of title pursuant to inheritance, involuntary transfer of title resulting from default on an obligation secured by real property, change of title pursuant to marriage or divorce, condemnation, or any other involuntary change of title affected by operation of law.

T.  “Seller” means any of the following:

1.  Any individual or entity possessing title to a property that includes a covered building, or

2.  The association of unit owners responsible for overall management in the case of a condominium or other representative body of the jointly-owned building with authority to make decisions about building assessments and alterations, or