Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-20 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Submetering or energy allocation equipment may not be used in
				  any dwelling unit unless all dwelling units in the apartment house utilize such
				  equipment to the extent permitted by the physical facilities.
Any individual nonresidential rental unit, store, or
				  campground may utilize submetering or energy allocation equipment, provided the
				  rental agreement or lease between the owner and the tenant clearly states that
				  the nonresidential rental unit, store, or campsite is or will be using
				  submetering or energy allocation equipment.
All rental agreements and leases between the owner and the
				  tenants shall clearly state that the dwelling unit, nonresidential rental unit,
				  or campsite utilizes submetering or energy allocation equipment, that the basis
				  of bills for electric or natural gas consumption will be rendered based on
				  readings of such equipment, and that any disputes relating to the amount of the
				  tenant's bill and the accuracy of the equipment will be between the tenant and
				  the owner. Where applicable, the provisions of the Virginia Residential
				  Landlord and Tenant Act (§ 55-248.2 et seq. of the Code of Virginia) will
				  govern the landlord-tenant relationship concerning the use of submetering or
				  energy allocation equipment on all related issues other than those covered by
				  these rules.
Each owner shall be responsible for providing, installing,
				  sealing (if necessary), and maintaining all submetering or energy allocation
				  equipment necessary for the measurement or allocation of the costs for
				  electrical energy or natural gas consumed by tenants.
Any electric submeter installed will be of a type and class
				  to register properly the electrical consumption of the dwelling unit,
				  nonresidential rental unit, or campsite, and such meter will meet the standards
				  of the American National Standards Institute, Inc., Standard C12.1-2008 Code
				  for Electricity Metering (ANSI C12.1).
Any natural gas submeter installed will be of a type and
				  class to register properly the natural gas consumption of the dwelling,
				  nonresidential rental unit, or campsite, and such meter will meet the standards
				  of the American National Standard Institute Standards ANSI B109.1 (2000) and
				  B109.2 (2000) for Diaphragm Type Gas Displacement Meters and ANSI B109.3 (2000)
				  for Rotary Type Gas Displacement Meters (hereafter, ANSI B109).
Any energy allocation equipment installed will be of a type
				  and class appropriate to the heating, ventilation, and air conditioning (HVAC)
				  system of the apartment house, office building, shopping center, or campground
				  and used in accordance with the manufacturer's installation specifications and
				  procedures for such energy allocation equipment.
Any owner installing submetering or energy allocation
				  equipment shall notify the commission and the utility providing electric or
				  natural gas service to the apartment house, office building, shopping center,
				  or campground in writing within 90 days of completion of such installation that
				  the equipment has been installed and shall give the name of the apartment
				  house, office building, shopping center, or campground; number of dwelling
				  units, nonresidential rental units, or campsites in the project; location;
				  mailing address of the owner; the approximate date of installation of the
				  equipment; and the type, manufacturer, and model number of such
				  equipment.
Natural gas submetering and energy allocation equipment,
				  including related piping and materials, for which the owner is responsible
				  shall be installed, operated, and maintained by the owner in conformity with
				  all municipal, state, and federal requirements, including but not limited to §
				  56-257.2 of the Code of Virginia, and with the 2006 edition of the National
				  Fuel Gas Code.
No building or buildings which qualify as an apartment house,
				  office building, or shopping center shall be excluded from this chapter because
				  the apartment house, office building, or shopping center contains a mixture of
				  dwelling units and nonresidential rental units.
Statutory Authority
§§ 12.1-13 and 56-245.3 of the Code of Virginia.