For purposes of this chapter, the following terms shall be defined as follows:

    A.    "Accessible" means there is sufficient space in which to install the specified energy conservation measure without significant alteration to the structure.

    B.    "Certificate of compliance" means that document which is approved by an inspector when either, (a) each energy conservation measure required by this ordinance has been installed in the commercial building, or (b) the maximum required expenditure has been reached after installation of energy conservation measures required by this chapter.

    C.    "Chiller system" means a mechanical refrigeration system consisting of an evaporator, compressor, and air or water cooled condenser that cools a fluid which is then distributed to various parts of a building to provide space cooling.

    D.    "Commercial building" means any privately owned building except those residential buildings, or residential portions of commercial buildings, that are subject to the energy conservation requirements of the Residential Energy Conservation Ordinance (Berkeley Municipal Code, Chapter 19.16).

    E.    "Cost-effective" means a simple economic payback that does not exceed five years, or the expected life of an energy conservation measure, whichever is shorter. Simple economic payback is calculated by dividing the cost of installing the energy conservation measure by the estimated dollar savings in the first year. Available tax credits, incentives, and future energy costs are not considered in this calculation.

    F.    "Energy commission" means that commission established by Resolution No. 48457-N.S. to advise the City Council on Energy related policies.

    G.    "Energy conservation measure" means those energy conservation measures identified in Section 19.72.090 of this chapter.

    H.    "Financial hardship" means that at the time of sale of or major renovation to a commercial building the owner provides conclusive evidence that, (1) financing is unavailable to pay for the cost of the energy conservation measures, or (2) that the cost of the energy conservation measures causes the market rate of return for the property to be less than that of returns of comparable properties, over comparable time frames, based upon current market conditions.

    I.    "HVAC system" means any system that provides comfort heating, ventilating, and/or air conditioning within or associated with a building.

    J.    "Major renovation" means any repair, addition or other construction to a commercial building where the sum of the total costs as reflected in the building permits for such work exceeds fifty thousand dollars, or where the work to be undertaken on the commercial building increases the total square footage of space of the building, served by heating or cooling equipment, as reflected on the County Assessor's records, by more than ten percent.

    K.    "R-value" means the measure of the resistance of a material or building component to the passage of heat. R-value is measured in the United States by units based upon square feet (x) hour (x) degree Fahrenheit, divided by BTU's.

    L.    "Title 24" means Title 24 of the California Code of Regulations.

    M.    "Sale" means the conveyance of title to real property by one or more persons as a result of a sale or exchange, resulting in the execution of a real property sales contract as defined in Section 2985 of the California Civil Code as well as any change of ownership described in subdivisions (c) and (h) of Section 61 and subdivision (c) of Section 64 of the California Revenue and Taxation Code. (Ord. 6176-NS § 2, 1993)