Subpart E-Preliminary Energy Audits and Energy Audits

AUTHORITY: Title III of the National Energy Conservation Policy Act, Pub. L. 95619, 92 Stat. 3206 et seq., which establishes Parts G and H of Title III of the Energy Policy and Conservation Act, Pub. L. 94-163, 42 U.S.C. 6321 et seq.; Sec. 365(e)(2), 42 U.S.C. 5325(e)(2), of the Energy Conservation and Production Act, Pub. L. 94-385, 42 U.S.C. 6801 et seq.; Department of Energy Organization Act, Pub. L. 95-91, 42 U.S.C. 7101 et seq.

SOURCE: 44 FR 19351, Apr. 2, 1979, unless otherwise noted.

For purposes of this subpart

"Building" means any structure, the construction of which was completed on or before April 20, 1977, which includes a heating or cooling system, or both.

"Complex" means a closely situated group of buildings on a contiguous site or a closely situated group of buildings served by a central utility plant, such as a college campus or a multi-building hospital.

"Construction completion" means the date of issuance of an occupancy permit for a building.

"Energy audit" means a survey of a building or complex that is conducted in accordance with the requirements of this subpart which—

(1) Identifies the type, size, energy use level and the major energy using systems;

(2) Determines appropriate energy conservation maintenance and operating procedures; and

(3) Indicates the need, if any, for the acquisition and installation of energy conservation measures, including solar energy and other renewable resource measures.

"Energy conservation maintenance and operating procedure” means modifications in the maintenance and operating procedures of a building, and any installations therein, which are designed to reduce energy consumption in such building and which require no significant expenditure of funds.

"Energy

conservation measure" means an installation or modification of an installation in a building which is primarily intended to reduce energy consumption or allow the use of an alternative energy source, including, but not limited to

(1) Insulation of the building structure and systems within the building;

(2) Storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications;

(3) Automatic energy control systems;

(4) Equipment required to operate variable steam, hydraulic, and ventilating systems adjusted by automatic energy control systems;

(5) Active or passive solar space heating or cooling systems, solar electric generating systems, or any combination thereof;

(6) Active or passive solar water heating systems;

(7) Furnace or utility plant and distribution system modifications including

(A) Replacement burners, furnaces, boilers, or any combination thereof, which substantially increase the energy efficiency of the heating system;

(B) Devices for modifying flue openings which will increase the energy efficiency of the heating system;

(C) Electrical or mechanical furnace ignition systems which replace standing gas pilot lights; and

(D) Utility plant system conversion measures including conversion of existing oil- and gas-fired boiler installa

tions to alternative energy sources, including coal;

(8) Caulking and weatherstripping; (9) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a building, unless such increase in illumination is necessary to conform to any applicable State or local building code or, if no such code applies, the increase is considered appropriate by the Secretary;

(10) Energy recovery systems;

(11) Cogeneration systems which produce steam or forms of energy such as heat, as well as electricity for use primarily within a building or a complex of buildings owned by a school or hospital and which meet such fuel efficiency requirements as the Secretary may by rule prescribe;

(12) Such other measures as the Secretary identifies by rule for purposes of this part, as set forth in Subpart D of this part; and

(13) Such other measures as a grant application shows will save a substantial amount of energy and as are identified in an energy audit in accordance with Subpart C of this part.

"Fuel" means any commercial source of energy used within the building or complex being surveyed such as natural gas, fuel oil, electricity or coal.

"Gross square feet” means the sum of all heated or cooled floor areas enclosed in a building, calculated from the outside dimensions, or from the centerline of common walls.

"Heating or cooling system" means any mechanical system for heating or cooling areas of a building. For purposes of this subpart, any mechanical system for distributing air throughout the building is considered a cooling system.

"Hospital" means a public or nonprofit institution which is a general hospital, tuberculosis hospital, or any other type of hospital, other than a hospital furnishing primarily domiciliary care; and is duly authorized to provide hospital services under the laws of the State in which it is situated.

"Hospital facilities” means buildings housing a hospital and related facilities, including laboratories, laundries, outpatient departments, nurses' home

and training facilities and central service facilities operated in connection with a hospital, and also includes buildings housing education or training facilities for health professions personnel operated as an integral part of a hospital.

"Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska native village, or regional or village corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act, Pub. L. 92-203; 85 Stat. 688, which (a) is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (b) is located on, or in proximity to, a Federal or State reservation or rancheria.

"Local educational agency" means a public board of education or other public authority or a non-profit institution legally constituted within, or otherwise recognized by, a State for either administrative control or direction of, or to perform administrative services for, a group of schools within a State.

"Maintenance" means activities undertaken in a building to assure that equipment and energy-using systems operate effectively and efficiently.

"Operating" means the operation of equipment and energy-using systems in a building to achieve or maintain specified levels of environmental conditions or service.

"Preliminary energy audit" means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption, and major energy-using systems of such building.

"Public care institution" means a public or non-profit institution which

owns

(1) A facility for long-term care, rehabilitation facility, or public health center, as described in Section 1633 of the Public Health Service Act (42 U.S.C. 300s-3; 88 Stat. 2270);

(2) A residential child care center, which is an institution, other than a foster home, operated by a public or non-profit institution and is primarily intended to provide full-time residential care with an average length of

stay of at least 30 days for at least 10 minor persons who are in the care of such institution as a result of a finding of abandonment or neglect or of being persons in need of treatment or supervision.

"Public

or nonprofit institution" means an institution owned and operated by

(1) A State, a political subdivision of a State or an agency or instrumentality of either;

(2) A school or hospital which is, or would be in the case of such entities situated in America Samoa, Guam, Puerto Rico and the Virgin Islands, exempt from income tax under section 501(c)(3) of the Internal Revenue Code of 1954; or

(3) A unit of local government or a public care institution which is, or would be in the case of such entities situated in America Samoa, Guam, Puerto Rico and the Virgin Islands, exempt from income tax under section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1954.

"School" means a public or nonprofit institution which

(1) Provides, and is legally authorized to provide, elementary education or secondary education, or both on a day or residential basis;

(2)(A) Provides, and is legally authorized to provide, a program of education beyond secondary education, on a day or residential basis;

(B) Admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate;

(C) Is accredited by a nationally recognized accrediting agency or association; and

(D) Provides an educational program for which it awards a bachelor's degree or higher degree or provides not less than a two-year program which is acceptable for full credit toward such a degree at any institution which meets the preceding requirements and which provides such a program;

(3) Provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions cited in paragraphs (A),

(B), and (C) of paragraph (2) of this definition; or

(4) Is a local education agency.

"School facilities" means buildings housing classrooms, laboratories, dormitories, athletic facilities, or related facilities operated in connection with a school.

"State" means, in addition to the several States of the Union, the District of Columbia, Puerto Rico, Guam, American Samoa, and the Virgin Islands.

"Unit of local government" means the government of a county, municipality, parish, borough, or township, which is a unit of general purpose government below the State, determined on the basis of the same principles as are used by the Bureau of the Census for general statistical purposes; the District of Columbia, American Samoa, Guam and the Virgin Islands; the recognized governing body of an Indian tribe which governing body performs substantial governmental functions; libraries owned by any of the foregoing; and public libraries which servce all residents of a political subdivision below the State level, such as a community, district or region, free of charge and which derive at least 40 percent of their operating funds from tax revenues of a taxing authority below the State level.

§ 450.42 Contents of a preliminary energy audit.

(a) A preliminary energy audit shall provide a description of the building or complex audited and determine its energy-using characteristics, including—

(1) The name or other identification, and address of the building;

(2) A statement that the building meets the requirements of one of the following categories

(i) A school facility;

(ii) A hospital facility; or

(iii) A building owned and primarily occupied either by offices or agencies of a unit of local government or by a public care institution, neither of which shall include any building intended for seasonal use or any building used primarily by a school or hospital;

(3) A description of the functional use made of the building identifying whether it is a

(i) School-
(A) Elementary;

(B) Secondary;

(C) College or university;

(D) Vocational;

(E) Local education agency administrative building; or

(F) Other;

(ii) Hospital—

(A) General;

(B) Tuberculosis; or

(C) Other;

(iii) Local government building—

(A) Office;

(B) Storage;

(C) Service;

(D) Library;

(E) Police station;

(F) Fire station; or

(G) Other; or

(iv) Public care building

(A) Nursing home;

(B) Long term care other than a

nursing home;

(C) Rehabilitation facility;
(D) Public health center; or
(E) Residential child care center;

(4) The name and address of the owner of record, indicating whether owned by a public institution, private nonprofit institution or an Indian tribe;

(5) The size of the building, expressed in gross square feet;

(6) The age of the building;

(7) Approximate daily hours of operation, including periods of partial use if applicable;

(8) An indication of whether the building is partially used during vacation periods or other times when the building is not fully utilized, for periods of a week or more, by quarter; (9) An identification of major energy-using systems, including—

(i) Type of heating system or cooling system or both;

(ii) Fuel used for heating system, cooling system;

month period, by month if practicable, using actual data or an estimate if actual figures are unavailable;

(11) Total annual energy use expressed in Btu's per gross square foot and energy cost per gross square foot. Energy use shall be calculated using the conversion factors set forth below

(i) Electricity-11,600 Btu per kilowatt hour.

(ii) Natural gas-1,030 Btu per cubic foot.

(iii) Distillate fuel oil-138,690 Btu per gallon.

(iv) Residual fuel oil-149,690 Btu per gallon.

(v) Coal-24.5 million Btu per standard short ton.

(vi) Liquified petroleum gases including propane and butane-95,475 Btu per gallon.

(vii) Steam-1,390 Btu per pound. Conversion factors may be taken from engineering reference manuals for fuels not listed.

(b) A preliminary energy audit shall provide a brief description of activities which have been undertaken to conserve energy in the building or complex being audited, including wheth

er

(1) A person has been designated to monitor and evaluate energy use;

(2) Work partially or fully satisfying the requirements of an energy audit has been performed;

(3) Detailed studies have been conducted by architects, engineers or architect-engineer teams of energy use and energy conservation; and

(4) Any major energy conservation measures have been implemented, together with a listing of such measures, and estimates of their costs and energy savings if available.

(c) A preliminary energy audit shall provide information regarding site, building, and heating and hot water systems related to solar energy or other renewable resource potential including

(1) An indication of whether open land, such as fields, yards and parking areas, is available within the immediate vicinity of the building which is not heavily shaded by tall buildings, trees or other obstructions;