HARRY HUGHES, Governor

2071

(IV)  "BUILDING" DOES NOT INCLUDE A
STRUCTURE WITH A PERMANENT HEATING AND COOLING SYSTEM WHICH
UTILIZES A SOURCE OTHER THAN NATURAL GAS, A PETROLEUM
PRODUCT, OR ELECTRICITY.

(V)  "BUILDING" DOES NOT INCLUDE ANY
INDUSTRIAL BUILDING AS DEFINED IN SECTION 266EE-2 OF ARTICLE
41 OF THE CODE WHICH BEARS AN INSIGNIA FURNISHED BY THE
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT UNDER
SECTION 266EE-4 OF ARTICLE 41 OF THE CODE.

(VI)  "BUILDING" DOES NOT INCLUDE ANY
MOBILE HOME AS DEFINED IN SECTION 266EE-2 OF THE CODE WHICH
BEARS AN INSIGNIA ISSUED BY THE DEPARTMENT OF ECONOMIC AND
COMMUNITY DEVELOPMENT UNDER SECTION 266EE-8 OF ARTICLE 41 OF
THE CODE.

(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS
SECTION, A BUILDER OF ANY NEW BUILDING THAT IS COMPLETED
AFTER JULY 1, 1982 AND PRIOR TO JULY 1, 1987, SHALL CERTIFY
UNDER OATH OR AFFIRMATION TO THE ELECTRIC COMPANY DESIGNATED
TO PROVIDE ELECTRIC SERVICE TO THE BUILDING THAT THE
BUILDING MEETS THE MOST RECENT ASHRAE STANDARDS THAT HAVE
BEEN ADOPTED BY THE DEPARTMENT OF ECONOMIC AND COMMUNITY
DEVELOPMENT UNDER § ARTICLE 41, OF OF THE CODE THE
LATEST EDITION OF THE BOCA ENERGY CODE. HOWEVER, IF THE
BUILDING WAS DESIGNED WHILE THE IMMEDIATELY PRECEDING
EDITION OF THE BOCA ENERGY CODE WAS IN EFFECT AND THE
BUILDING WAS CONSTRUCTED IN ACCORDANCE WITH THE THEN
PRECEDING EDITION OF THE BOCA CODE, THE BUILDER MAY SO
CERTIFY IN ORDER TO SATISFY THE REQUIREMENTS OF THIS
SUBSECTION.

(2)  IF THE BUILDER IS A CORPORATION, THE
CERTIFICATE SHALL BE SUBMITTED UNDER OATH OR AFFIRMATION BY
AN OFFICER OF THE CORPORATION.

(3)  IF IT IS LATER DETERMINED THAT THE BUILDING
DID NOT CONFORM TO THE ENERGY CONSERVATION STANDARDS TO
WHICH THE BUILDER HAS CERTIFIED OR THAT A FALSE WAIVER WAS
PROVIDED TO THE ELECTRIC COMPANY BY THE BUILDER, THE
ELECTRIC COMPANY MAY NOT BE HELD LIABLE FOR THAT
NONCOMPLIANCE.

(4)  THE CERTIFICATION REQUIRED UNDER THIS
SUBSECTION SHALL BE MADE ON A FORM THAT IS PROVIDED BY THE
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT AND FILED
BY THE BUILDER IN PERSON OR BY CERTIFIED MAIL (RETURN
RECEIPT) WITH THE ELECTRIC COMPANY. THE FORM SHALL CONTAIN
A STATEMENT TO THE EFFECT THAT ANY ACTION BROUGHT BY THE
FIRST PURCHASER AGAINST THE BUILDER UNDER SUBSECTION (F) OF
THIS SECTION MAY BE BROUGHT WITHIN 3 YEARS OF THE DATE ON
WHICH THE BUILDER PROVIDED THE FIRST PURCHASER WITH A COPY
OF THE CERTIFICATE OR THE WAIVER UNDER PARAGRAPH (E)(1) OF
THIS SECTION.