ARTICLE VI. ENERGY CONSERVATION

8-100 Purpose.

It is in the public interest and in the interest of public health and safety to achieve a high degree of conservation of critical energy supplies and to establish certain necessary maximum allowable heat loss and/or gain rates and/or minimum energy efficiency performance requirements, for buildings to achieve conservation of energy.

(Ord. of 12-12-83; Ord. of 7-22-91)

8-101 Conservation standards.

(a)    Compliance with the "Guidelines for Energy Efficient Construction for the City of Burlington, Vermont," shall be deemed to meet the requirements of this article.

(b)    Not less than three (3) certified copies of the "Guidelines for Energy Efficient Construction for the City of Burlington, Vermont," shall be filed at the office of the public health and safety administrator and the same shall be adopted and incorporated fully as if set out at length herein. Such amendments to the "Guidelines for Energy Efficient Construction for the City of Burlington, Vermont," as are necessary and appropriate to effectuate the aims of this chapter shall be proposed by the electric commission for approval by the city council.

(Ord. of 12-12-83; Ord. of 7-22-91; Res. of 11-13-00)

8-102 Compliance with standards prerequisite to issuance of certain permits.

The conservation standards shall be met before any plans are approved and before any building, plumbing or electrical wiring permit may be issued for:

(1)    New commercial and/or residential construction;

(2)    Additions to residential and/or commercial structures;

(3)    Conversion of an existing structure to another use;

(4)    subdivision of an existing structure to allow other additional uses;

(5)    Subdivision of an existing structure to allow multiple units of the same use (i.e., single-family residential to two (2) or more family units); or

(6)    Replacement of any component of a building for which criteria are specified within the "Guidelines for Energy Efficient Construction for the City of Burlington, Vermont."

(Ord. of 12-12-83; Ord. of 7-22-91)

8-103 Powers and remedies.

The public health and safety department shall have all such powers to enforce this article as exist and are set out in Articles I, II and III of this chapter for the enforcement of building codes. All persons subject to the provisions of this article shall have such duties, obligations and rights and remedies by appeal as found in Articles I, II and III of this chapter or the enforcement of building codes.

(Ord. of 12-12-83)

8-104 Variances.

(a)    Any person subject to the provisions of this article or other interested person may seek a variance from the provisions of this article before the board of appeals in the same manner that an appeal is taken to the board, and subject to the same procedures as an appeal.

(b)    Where a variance is requested by an applicant, the board of appeals may grant such a variance, and render a decision in favor of the appellant, if the following are found by the board of appeals:

(1)    That there are unique physical circumstances or conditions of the structure, or other physical conditions peculiar to the structure that make strict compliance with the provisions of this article unusually difficult or unduly expensive, or would create an undue hardship;

(2)    That such a hardship or condition has not been created by the applicant and is due to previously existing conditions in the structure; and

(3)    That the variance requested will represent the minimum relief necessary and will represent the least deviation possible from the energy conservation standards.

(c)    In rendering a decision in favor of an applicant, the board of appeals may attach such conditions to such variances as it may consider necessary and appropriate under the circumstances to implement the purposes of this article.

(d)    The remedy of variance shall not apply to new commercial and/or residential construction.

(Ord. of 12-12-83)