Strategy 3: Existing Buildings
Ordinance Examples — Code Compliance for Property Transfers
The Borough of Norristown has an ordinance requiring anyone selling a residential, commercial or industrial building to first obtain an occupancy certificate. The process of obtaining the certificate involves the municipality's code inspector performing an inspection of the building and its adherence to a list of criteria, including weather-tight windows and ensuring boilers and furnaces are in good repair. The occupancy certificate is issued only when the building has passed the inspection. If it does not pass it must be brought up to compliance.
The Borough of Phoenixville requires a Property Transfer Permit be issued prior to the transfer of real estate in the Borough. The permit is issued contingent to an inspection to ensure the property is in compliance with the borough's Property Maintenance Code.
Require code compliance when properties transfer ownership.
Although municipalities have little ability to mandate improvements to existing buildings, an ordinance clearly tied to ensuring the health, safety and welfare of residents, tenants, and other property owners in the municipality could be adopted that requires buildings to be inspected and upgraded as needed to comply with the municipality's Property Maintenance Code and/or the International Property Maintenance Code prior to transferring a property from one owner to the next. In addition to certain safety-related standards, a municipality could potentially include items related to energy efficiency, such as LED lighting, weather stripping, and addressing any significant weatherization deficits and malfunctioning boilers, furnaces, etc. causing energy inefficiencies. This strategy could provide an opportunity to address major energy inefficiencies but should not create an unnecessary burden for those selling a property.
Adopting Building Performance Standards
The adoption of Building Performance Standards (a regulation requiring a certain level of energy efficiency or emissions for existing buildings) is widely viewed as the most powerful policy tool available to drive improved performance and decarbonization in existing buildings. Building Performance Standards are often adopted after adopting and implementing a Building Benchmarking program, requiring buildings over a certain square footage track and report their energy usage. These programs typically apply to the largest of buildings, such as those over 25,000 SF. Although a discussion of building performance standards is outside the scope of this publication, it is worthy of mention.