Chapter 16.56 MODEL ENERGY CONSERVATION STANDARDS

Chapter 16.56
MODEL ENERGY CONSERVATION STANDARDS

Sections:

16.56.010 Documents adopted by reference – Applicability.

16.56.020 Section 107 of Model Conservation Standards Equivalent Code – Amended.

16.56.030 Model Conservation Standards Equivalent Code Amended.

16.56.010 Documents adopted by reference – Applicability.

The following standards and requirements:

A. The Model Conservation Standards Equivalent Code Amendments to the Model Energy Code (i.e., “Northwest Energy Code,” June 1987 Edition (consisting of Chapters 1 through 10) as now existing and in accordance with any amendments that may be made thereto), for application with respect to: new residential construction using electric space conditioning and electric lighting (except that commercial buildings which are not electrically space conditioned shall only be required to comply with Section 505 of said Northwest Energy Code and provided that, for commercial buildings, ventilation requirements contained in Section 305 of the Washington State Energy Code shall be the applicable standard); and

B. The “Conversion Standard Equivalent Code Amendments to the Model Energy Code,” December 24, 1986, Edition, as now existing and in accordance with any amendments that may be made thereto, for application with respect to: any buildings constructed pursuant to a building permit issued from and after the effective date of the ordinance codified in this chapter which at the time of initial construction were not required to comply with the Model Conservation Standards as set forth above in subsection (A) of this section but which are subsequently being converted to provide electric space heating or conditioning; and

C. Additional indoor air quality requirements as set forth in Bonneville Power Administration’s Solicitation No. DE PS79 89BP93000, as now existing and in accordance with any amendments that may be made thereto, are adopted by reference; provided, however, that once the foregoing subsections (A), (B) and (C) of this section become effective they shall remain effective only for and during such period as the town has in effect a contract with the Bonneville Power Administration or other appropriate agency which reimburses the town for incremental costs and/or administrative enforcement costs associated with the adoption, administration, and enforcement of subsections (A), (B) and (C) of this section. (Ord. 90-3 § 1, 1990).

16.56.020 Section 107 of Model Conservation Standards Equivalent Code – Amended.

Section 107 of the Model Conservation Standards Equivalent Code Amendments to the Model Energy Code, June 1987 Edition, and any subsequent revisions as promulgated by the Bonneville Power Administration which is entitled “Violations” and which reads as follows:

VIOLATIONS

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

Be and the same is amended to read as follows:

Any person, firm or corporation violating any of the provisions of this code or failing to comply with the provisions of the code shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Model Conservation Standards code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable in accordance with EMC 1.12.010.

(Ord. 90-3 § 2, 1990).

16.56.030 Model Conservation Standards Equivalent Code Amended.

Model Conservation Standards Equivalent Code Amendments to the Model Energy Code, June 1987 Edition, is amended by the addition of the following section:

It is expressly the purpose of this code to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

It is the specific intent of this code to place the obligation of complying with its requirements upon the permit applicant and any person owing, operating or controlling any building or structure within its scope and no provision nor term used in this code is intended to impose any duty whatsoever up the Town or any of its officers or employees, for whom the implementation and enforcement of this code shall be discretionary and not mandatory.

Nothing contained in this code is intended nor shall be construed to create or form the basis of any liability on the part of the Town, or its officer, employees or agents, for any injury or damage resulting from the failure of a building to comply with the provisions of this code, or by reason or inconsequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this code, or by reason of any action of the town related in any manner to the enforcement of this code by its officer, employees or agents.

Notwithstanding any language used in this code, it is not the intent of this code to create a duty and/or cause of action running to any individual or identifiable person but rather any duty is intended to run only to the general public.

(Ord. 90-3 § 3, 1990).