(iii) Multiplying the product by the percent of the total hot water demand the system will supply.

(Part B of Title IV of the Energy Conservation and Production Act, Pub. L. 94-385, 90 Stat. 1125 et seq; also issued under Part C, Title III of the Energy Policy and Conservation Act, Pub. L. 94-163, 89 Stat. 871 et seq. (42 U.S.C. 6321 et seq.); Federal Energy Administration Act of 1974, as amended, Pub. L. 93-275 (15 U.S.C. 761 et seq.); Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 et seq. (42 U.S.C. 7101 et seq.); EO 11790, 39 FR 23185)

[42 FR 37800, July 25, 1977, as amended at 42 FR 61993, Dec. 8, 1977]

$450.35 Climate zones.

(a) DOE shall determine whether to restrict an energy measure to a climate zone.

(b) DOE shall designate climate zones, consisting of heating zones as shown in appendix A to subpart D or cooling zones as shown in appendix B to subpart D.

SAN FRANCISCO

PORTLAND

NOTES

1. Alaska is included in Cooling Zone 5.

Subpart E-Preliminary Energy

Audits and Energy Audits

AUTHORITY: Title III of the National Energy Conservation Policy Act, Pub. L. 95-619, 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. 6325(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.

8450.40 Purpose and scope.

This subpart establishes requirements for the conduct of preliminary energy audits and energy audits, the qualifications of persons conducting them and allowable costs of energy audits. Preliminary energy audits and energy audits are required in the program of financial assistance for schools and

167-030 0-96--16

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, ad

ditional 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 installations 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 substan

tial 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. 92203; 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;