Boulder Building Performance Ordinance Exemption Request

Please complete the following form by selecting the exemption for which you are applying and submitting the required documentation. Exemption requests will be reviewed by city staff and applicants will be notified of approval or denial. If you are requesting an exemption for more than one requirement (e.g.: Rating and Reporting, Retrocommissioning, and Lighting Upgrade), you must fill out a separate Exemption Request for each requirement.

For more information visit www.BoulderBuildingPerformance.com

Questions can be submitted to the Help Desk at (844) 811-8785 or BPOHelpdesk@bouldercolorado.gov

Contact Information

First Name *

Last Name *

Phone Number *

Email Address *

Building Information

Covered Building Address *

City *

State *

Zip/Postal Code *

Boulder Energy Reporting ID *

Your Boulder Energy Reporting ID can be found on the notification letter/email you received or on the Affected Buildings List at www.BoulderBuildingPerformance.com.

Exemption Options

I am requesting an exemption for the following requirement: *

Please select the type of exemption you are requesting *

Please provide the following:

A narrative describing the use of this space and a description of what, if anything, consumes energy.

Please provide the following:

Proof the building is the subject of a qualified tax lien sale or public auction;
Proof the building is controlled by a court appointed receiver; or
Proof the building has been acquired by a deed in lieu of foreclosure.

Please select the type of exemption you are requesting *

The building is new construction that has been occupied less than 12 months.

Please provide the following:

Certificate of occupancy.

Please select the type of exemption you are requesting *

The building has received an equivalent energy assessment (ASHRAE Level I or II depending on square footage) within 10 years of the first deadline for energy assessments, AND implemented the cost-effective actions that were recommended. (According to the City Manager Rules, cost-effective is defined as having a payback period of five years or less.)

Please provide the following:

Assessment report or signed documentation from assessor with date of assessment and list of recommended measures, included estimated capital costs and payback times (including rebates and incentives); and
An itemized invoice/receipt or signed documentation from contractor identifying installed measures

Please select the type of exemption you are requesting *

Building received ENERGY STAR Certification by achieving an ENERGY STAR score of 75 or higher within three (3) years of the efficiency requirement deadline).[1]

Please provide the following:

A copy of the ENERGY STAR Certification.

[1] If approved, the exemption will be valid as long as the ENERGY STAR score of the building is in the certified range (minimum of 75), as submitted through the rating and reporting requirement, with an actual re-certification required every 10 years. If the building’s score falls below the certified range (below 75), the owner will be required to get a free Level I energy assessment through the city’s Partners for a Clean Environment (PACE) Program to help diagnose the cause of the increased energy use. The owner will then have one more rating and reporting cycle to improve their ENERGY STAR score above 75 – if they fail to do so, the exemption will no longer be valid and the owner will have to comply with all future efficiency requirements.

Building has a current certification for LEED Existing Buildings: Operation & Maintenance (EBOM) and LEED Gold/Silver/Platinum

Please provide the following:

Copy of LEED Certification with clear issue and/or renewal date.

The building has demonstrated a pattern of significant and consistent improvements in energy efficiency or greenhouse gas (GHG) emissions.

Please provide the following:

ENERGY STAR Portfolio Manager (ESPM) output or other records showing energy consumption and/or GHG emissions for the past 3 years;
And, a narrative and documentation of initiatives, activities, etc. used to achieve the reductions.[2] The narrative should include following:
1. An explanation of why this building is ineligible for ENERGY STAR or LEED EBOM certification, if applicable; and
2. A description of which of the three exemption paths you are pursuing; and
3. One of the following:
  1. Path 1: (only available to buildings ineligible to receive an ENERGY STAR certification) Provide justification that this building’s energy performance is better than at least 75 percent of similar buildings and provide the dataset used for administrative review. The dataset used to justify performance should include building site energy use intensity data of at least five similar buildings, normalized for climate, building use, and occupancy or a similar dataset that can be justified. This can include the Portfolio Manager median calculation;
  2. Path 2: Using a submitted rating and reporting year as your baseline year energy use intensity (EUI), implement measures with a combined deemed savings that will achieve at least a 15% reduction in EUI within 5 years. Applicants must provide those deemed savings calculations to the city with proof of installation of each measure;
  3. Path 3: An alternative approach with supporting documentation showing a pattern of significant and consistent improvements.

[2] If a building owner is considering applying for this exemption, note that the owner will likely be asked to submit proof of payment for the upgrades implemented.

[3] The building owner may be required to maintain the exemption through demonstration that the building remains at high performance. See the City Manager Rules for more information on maintaining an exemption. The Rules can be accessed here: https://bouldercolorado.gov/sustainability/boulder-building-performance-home

Please select the type of exemption you are requesting *

Building information includes trade secrets, privileged or confidential commercial information. (Inefficient energy usage alone will not be considered confidential commercial information).

Please provide the following:

A statement that includes the manner in which public disclosure would cause substantial harm to the owner’s trade secrets, privileged or confidential commercial information.

Please provide a detailed explanation of your exemption request claim. * 🛈

Depending on your exemption request documentation may be required. Please view the exemption reference guide to see what is required for your exemption claim - https://bouldercolorado.gov/sites/default/files/2020-12/exemptionreferenceguide.pdf

Attach supporting documentation *

Attach supporting documentation

Submission

*

I attest that the information I have provided above is true and accurate to the best of my knowledge and I have provided any requested supporting documentation.

Signature * 🛈

clear

Date/Time * +