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The Boulder Building Performance Ordinance (Ordinance No. 8071) is a set of rating, reporting and energy efficiency requirements that move beyond current voluntary programs. This program aims to reduce energy use and improve the quality of Boulder’s commercial and industrial building stock.
For all commercial buildings, rating and reporting requirements are phased in based on building size. Deadlines for each requirement vary by building size.
Owners of affected buildings are required to rate and report building energy data, and complete efficiency actions by the deadlines posted (see above). Failure to do so can result in fines of $0.0025 per square foot – up to $1,000 per day of non-compliance.
Any tenant of an owner subject to the provisions of this chapter shall, within 30 days of a request, provide the owner with any information required for compliance that cannot otherwise be acquired by the owner.
Large industrial or manufacturing campuses (LICs), multiple buildings served by a central plant or single utility meter, are have their own set of BPO requirements. Learn more about the requirements.
The Building Performance Ordinance requires each affected commercial and industrial building owner to Rate whole-building energy use with the approved tools and Report this energy use to the city annually.
The reported energy metrics will be publicly disclosed following a two-year grace period.
Use the resource that is right for you:
Portfolio Manager trainings. The U.S. Environmental Protection Agency (EPA) hosts a variety of Portfolio Manager trainings each month. All trainings are free and take place online via WebEx. Recordings are also available.
Tenant Data Collection Worksheets - Worksheets to collect the property details necessary to set up the building in Portfolio Manager for rating and reporting.
*Manufacturing and industrial buildings have alternative tools available for completing annual rating and reporting.
Every ten years, affected building owners must perform energy assessments that meet or exceed the requirements below per the Standard for Commercial Building Energy Audits as published by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) in 2018 (Standard 211) and as updated periodically.
For a more detailed explanation of the Energy Assessment requirements, see the Efficiency Requirements How-to Guide.
Energy Assessment Required Scope
Buildings < 50,000 SF
ASHRAE Level I assessment (Also offered by Xcel Energy, will comply)
Buildings ≥ 50,000 SF
ASHRAE Level II assessment (Not currently offered by a local utility, Xcel Energy audits do not comply)
Building owners must use a Qualified Service Provider to complete a Level I or Level II energy assessment for compliance purposes.
Report templates are available that include current ASHRAE requirements and City Manager Rule requirements to ensure compliance with the ordinance. The use of these templates is not required, however they can be a reference to ensure all requirements are included in the report:
*Note: If completing the Level I Energy Assessment through Xcel Energy's Onsite Energy Audit Program, that report will suffice for compliance.
Submit your energy assessment report to the city through the online Submission Form.
Affected building owners must complete one-time lighting upgrades that meet specific energy codes for interior and exterior lighting power, controls and sensors as outlined below.
|Lighting Requirement||Code||Code Section|
|Occupancy Sensor Controls||2017 COBECC||C405.2.2.2|
|Time-switch Controls||2017 COBECC||C405.2.2.1|
|Exterior Lighting Controls||2017 COBECC||C405.2.4|
|Interior Lighting - Power||2017 COBECC||C405.5|
|Exterior Lighting - Power||2012 IECC||C405.6|
Building owners must use a Qualified Service Provider to complete the retro-commissioning study.
Every ten years, affected building owners must perform retro-commissioning, a process that improves the efficiency of existing building operations by “tuning up” and calibrating existing functional systems to run as efficiently as possible through low- or no-cost improvements.
Owners must implement the cost-effective measures (any measure with a payback period of two years or less with rebates) identified through retro-commissioning within two years of the study.
The scope of the requirements depends on the size of the building as shown below.
Buildings < 50,000 SF
Buildings ≥ 50,000 SF
The Boulder Building Performance Ordinance requires affected building owners to use qualified service providers to complete energy assessments and retro-commissioning on their buildings.
The List of Qualified Service Providers is a list of service providers that have met the minimum qualifications and completed the online training required to offer energy assessments and retro-commissioning for Building Performance Ordinance compliance.
While building owners may select their own vendor to perform any lighting audits or upgrades, the city has a Pre-Screened Lighting Service Provider List of vendors that are qualified to provide lighting audits and/or upgrades within the City of Boulder.
Service providers looking to offer affected building owners energy assessment and/or retro-comissioning services to comply with the ordinance must be included on the City of Boulder's qualified list.
To be added to the qualified list, service providers must successfully complete and submit the required online training and meet minimum qualifications.
Take the training. This training utilizes Adobe Flash. Make sure Adobe Flash is allowed to run in your web browser’s settings.
Complete the Pre-Screened Lighting Vendor Application.
Please be prepared to include all relevant certifications and documentations of project completion as part of your application.
|Affected Buildings||Energy Assessment||Retro-commissioning||RCx Measure Implementation||Lighting Upgrade|
|City buildings > 10,000 sf*||May 1, 2019||May 1, 2022||May 1, 2024||May 1, 2022|
|Existing buildings** > 50,000 sf New buildings*** > 10,000 sf||June 1, 2019||June 1, 2022||June 1, 2024||June 1, 2022|
|Existing buildings > 30,000 and < 50,000 sf||Dec. 31, 2021||June 1, 2023||June 1, 2025||June 1, 2023|
|Existing buildings > 20,000 and < 30,000 sf||June 1, 2023||June 1, 2025||June 1, 2027||June 1, 2025|
*City buildings >5,000 sf must complete lighting upgrades but are not subject to energy assessments or retrocommissioning.
**Existing buildings that meet the definition of a Large Industrial Campus (three or more buildings, at least partially used for manufacturing, served by a central plant or single utility meter) have custom requirements and deadlines due to their unique nature.
***Any commercial or industrial building for which an initial building permit was issued on or after January 31, 2014.
Buildings 50,000 sf and larger must provide the capital to complete a Level II assessment. To help offset these costs, the city is offering early adopter incentives for buildings required to complete a Level II energy assessment.
Rebates will be issued on a first-come, first-served basis subject to funding availability.
Owners must use a qualified service provider to complete the Level II energy assessments.
Please view all Terms and Conditions as outlined in the rebate application.
Building owners looking to perform retro-commissioning (RCx) on their building can benefit from Xcel Energy's programs.
For buildings < 50,000 sf, Xcel Energy's Building Tune-Up Program requires the owner to pay a set fee to receive the tune-up, currently between $250 and $1,000. Building owners must use Xcel Energy's contractor to participate in this program.
For buildings >= 50,000 sf, Xcel Energy's RCx Study Program covers up to 75 percent of the cost of the study (capped at $25,000). The program requires preapproval but once preapproved, building owners can use any service provider accepted by Xcel Energy.
Remember, building owners must use a qualified service provider for the purpose of complying with the Building Performance Ordinance. If a building owner participates in an Xcel Energy program to comply with RCx, they must ensure the service provider they work with is also listed on the City of Boulder's qualified list.