(a)   For the purposes of this article, the following rules of construction and definitions shall apply:

(1)   The word “city” refers to the City of Ellis, Kansas.

(2)   The words “shall” and “will” are mandatory.

(3)   “ASHRAE” refers to the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., of New York, New York.

(4)   BTUs means British thermal units.

(5)   EER means energy efficiency ratio, the ratio of net cooling capacity in BTUS per hour to total electric input in watts.

(6)   The words “heated space” shall mean that space within a building which is provided with a positive heat supply having a connected output capacity in excess of 10 BTUs per hour per square foot.

(7)   The words “new commercial building” shall mean any building used to provide, at wholesale or retail, storage, services, supplies, goods or products to the public, other than a building used for the purposes of manufacturing raw material into a finished product, but shall not be construed to apply to any such building whose foundation has been completed by the effective date of this section upon publication in the official paper of the city.

(8)   The words “new residential dwelling” shall mean all new hotels, motels, apartment houses, lodging houses, private homes and other residential dwellings, construction of which commences on or after the effective date of this article, but shall not be construed to apply to mobile homes, or any such new residential dwelling where the foundation has been completed by the effective date of this section. This definition shall apply to buildings of mixed occupancy.

(9)   The word “owner” shall mean a person, as defined herein, holding legal title to the residential dwelling or commercial building.

(10) The word “person” shall mean any individual, individuals, corporation, partnership, unincorporated association or other business organization, committee, board, trustee, receiver or agent.

(11) The words “city utility” shall mean the franchisee who is currently providing electric service to the city.

(b)   No connections or attachments of service to new residential dwellings or new commercial buildings shall be made by the city electric department until the building inspector has received a certificate of compliance from the owner that the residential dwelling or commercial building meets the standards set forth in subsection (c) of this section. Such certificate of compliance shall include supporting statements from the architect and/or contractor, if either or both such persons were employed in the design and construction of the new residential dwelling or new commercial building. Receipt by the city utility department of such certificate of compliance shall be required for permanent utility service.

(c)   Certificate of compliance required by subsection (b) of this section shall certify that the following heating and cooling standards have been met, where applicable:

(1)   New residential dwellings shall be constructed so the total heat loss, based on the ASHRAE Handbook of Fundamentals, does not exceed 35 BTUs per square foot per hour of heated floor area of finished living space, at a design temperature differential of 80 degrees Fahrenheit with a maximum of one and one- half aid changes per hour.

(2)   New commercial buildings shall be constructed so heat transmission loss of heated areas, based on the ASHRAE Handbook of Fundamentals, does not exceed 35 BTUs per square foot per hour of floor area based on a design temperature differential of 80 degrees Fahrenheit.

(3)   The EER of all air conditioners in new residential dwellings and new commercial buildings on and after the effective date of this section shall be not less than 7.0; the EER of heat pumps in such structures shall not be less than 6.7.

(4)   The EER of all air conditioners in new residential dwellings and new commercial buildings on and after November 1, 1979, shall be not less than 8.0; the EER of heat pumps in such structures shall be not less than 7.5.

(5)   In the case of a new residential dwelling or new commercial building which is heated and/or cooled in only a portion of the structure, the requirements of this section shall apply only to the heated and/or cooled portion of the structure.

(d)   This section is adopted by authority of and under the provision of Article 12, Section 5(b) of the Kansas constitution.

(Code 1968, 3-314)