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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-44. SUBMETERING AND ENERGY ALLOCATION |
Section 15-4401. GENERAL REQUIREMENTS
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4401.1Any individual nonresidential rental unit may use submetering or energy allocation equipment provided the rental agreement or lease between the owner and the tenant clearly states that the nonresidential rental unit is or will be using submetering or energy allocation equipment.
4401.2All rental agreements or leases between the owner and the tenant shall clearly state:
(a) The nonresidential rental unit uses submetering or energy allocation equipment;
(b) Bills for electric or natural gas consumption shall be rendered based on readings of such equipment; and
(c) Any disputes relating to the amount of the tenant’s electric or natural gas bills and the accuracy of the equipment will be between the tenant and the owner.
4401.3 The owner shall not engage in submetering or energy allocation with a tenant without first securing from that tenant, a written agreement for the purchase of electricity or natural gas. The agreement, which may be part of the tenant’s lease agreement, shall be executed before any electricity or natural gas is delivered. The owner, upon establishing a submetering or energy allocation practice, agrees to supply any and all tenants with electricity or natural gas and shall be bound by such terms and conditions in acting upon agreements for electric service or natural gas service.
4401.4 Whether or not the parties have executed a written agreement for the purchase of electricity or natural gas, once the tenant enters into a lease as described in subsection 4401.3 and accepts electricity or natural gas service, such tenant agrees to be bound by the applicable regulations prescribed by the Commission for submetering or energy allocation equipment. Likewise, the owner agrees to supply any and all such tenants with electricity or natural gas and shall be bound by such Commission regulations in acting upon agreements for electric service or natural gas service.
4401.5Any owner installing submetering or energy allocation equipment shall notify the Commission’s Office of Engineering in writing concerning the utility providing electric or natural gas service to the nonresidential rental units, at least ninety (90) days prior to installation, that the equipment will be installed and shall:
(a) Give the name of the building;
(b) Number of nonresidential rental units to be metered;
(c) Building location, mailing address of the owner, and approximate date of the scheduled installation of the equipment;
(d) The type(s), manufacturer(s), and model number(s) of such equipment; and
(e) Provide information used to establish the percentage registration as set forth in subsections 4402.2 (Section 4402, Submetering) and 4405.2 (Section 4405, Periodic Tests and Checks).
4401.6Upon completion of the installation of the submetering or energy allocation equipment, the owner of the building shall provide written notification to the Commission’s Office of Engineering within thirty (30) days.
4401.7Each 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 electric energy or natural gas consumed by tenants. The submetering equipment shall include, but not be limited to, the piping and wiring, as well as the meter and associated affiliate parts. The installation of submetering and energy allocation equipment shall comply with all building (including electric and natural gas) code requirements, as well as public and labor safety code requirements of the District of Columbia.
4401.8All submetering and energy allocation equipment shall be installed in locations readily accessible for reading, testing, and inspection, and where these activities will cause minimum interference and inconvenience to the tenant.
4401.9Any electric submeter installed shall be of a type and class to register properly the electric consumption of the nonresidential rental unit, and such meter shall meet the standards of the latest edition of the American National Standards Institute, Inc., Standard C12 - Code for Electricity Metering (ANSI C12).
4401.10Any natural gas submeter installed shall be of a type and class to register properly the natural gas consumption of the nonresidential rental unit, and such meter shall meet the standards of the latest edition of the American National Standard Institute Standards Accredited Standards Committee ANSI/ASC B109.1 and B109.2 for Diaphragm Type Gas Displacement Meters and ANSI/ASC B109.3 for Rotary Type Gas Displacement Meters (hereafter, ANSI B 109); ANSI/American Petroleum Institute (API) 2530 (ANSI/API 2530 or American Gas Association Gas Measurement Report No. 3), entitled “Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids,” for Orifice Type Meters; ANSI/American Society of Mechanical Engineers (ASME) MFC-4M (Measurement of Gas Flow by Turbine Meters) and American Gas Association Transmission Measurement Committee Report No. 7 (entitled “Measurement of Fuel Gas by Turbine Meters”) for Turbine Type Meters; and American Gas Association Transmission Measurement Committee Report No. 9 (entitled “Measurement of Gas by Multipath Ultrasonic Meters”) for Ultrasonic Type Meters; or other generally accepted industry practices.
4401.11Any energy allocation equipment installed shall be of a type and class appropriate to the heating, cooling, ventilation, and air conditioning system of the nonresidential rental unit and shall be used in accordance with generally accepted industry practices as well as the manufacturer’s installation specifications and procedures for such energy allocation equipment.
4401.12An owner shall not impose on the tenant any charges over and above the cost per kilowatt hour, cubic foot or therm, plus demand and customer charges, where applicable, which are charged by the utility company, the electricity supplier, and natural gas supplier to the building owner, operator, or manager, including any sales, local utility, or other taxes, if any; with the exception, that additional service charges permitted by sections 4405 (Periodic Tests and Checks) and 4407(Billing) may be collected to pay administrative costs and billing.
4401.13An owner shall maintain adequate records regarding submetering and energy allocation equipment and shall make such records available for inspection by the Commission during reasonable business hours in accordance with D.C. Official Code § 34-1552(b)(2) and 34-1553(d) (2010 Repl.).
4401.14For the purpose of the enforcement of the rules set forth in this chapter, building owners shall be treated as public utilities for the purposes of initiating a complaint, in accordance with D.C. Official Code § 34-917 (2010 Repl.).
4401.15Except as provided for in subsection 4401.14, no owner of a building shall be considered a public utility engaged in the business of distributing or reselling electricity or natural gas.
4401.16An owner’s submetering or energy allocation equipment and its installation shall not interfere, change, or modify in any way the electric or natural gas utility’s service connection or operation of the utility’s equipment, including the utility’s metering equipment.