As used in OAR 330-060-0005 through 330-060-0095, unless the
context requires otherwise:
"Annual Rate": The yearly interest rate specified on the note. This is not the
annual percentage rate, if any, disclosed to the applicant under the federal
Truth in Lending Act.
American Society of Heating, Refrigeration, and Air Conditioning
(3) "Auditor": The
person who gathers information at the dwelling to complete a report
recommending energy conservation measures consistent with the standards set in
these rules and the energy conservation measures specifications.
(4) "Buffer Space": An enclosed but unheated
space such as a garage, porch, unheated basement, crawl space or attic, which
abuts a heated space.
"Commercial Energy Auditor": A person who through training or experience has a
general knowledge of heat transfer principles, construction practices, energy
efficient operations and maintenance procedures, boiler and furnace efficiency
improvements, infiltration controls, envelope weatherization, heating,
ventilating and air conditioning systems, electric control systems, lighting
systems, and solar and energy conservation measures.
(6) "Commercial Energy Audit": The service
provided by a commercial energy auditor to the owner of an apartment building
which is centrally heated. It includes on-site data gathering, energy use
analysis, and a report to the owner recommending energy conservation
(7) "Cost-Effective": The
present value of energy saved over the life of an energy conservation measure
is worth more than the measure's cost. However, the energy savings of a measure
shall receive a 10 percent "bonus".
(8) "Customer": A residential customer or
(9) "Dealer": Fuel
oil dealer or any person or organization which supplies fuel oil at retail for
the heating of dwellings.
"Director": The Director of the Oregon Department of Energy.
(11) "Dwelling": Real or personal property in
Oregon which is the principal residence of the owner or a tenant. "Dwelling"
includes a mobile home as defined in ORS
446.003, a floating home as
defined in ORS 488.705 and a single unit in an
apartment building. "Dwelling" does not include a recreational vehicle as
defined in ORS 446.003.
(12) "Dwelling Owner": The person who has
legal title to a dwelling, including the mortgagor under a mortgage, the
trustor under a deed of trust, or a purchaser under a contract.
(13) "Energy Audit" means a written report
completed to recommend energy conservation measures consistent with the
standards set in these rules and the energy conservation measures
Conservation Measures": Items that are primarily designed to improve the energy
efficiency of a dwelling:
In the case of
dwellings not receiving a commercial energy audit, these measures are limited
(A) Caulking, weatherstripping and other
prescriptive actions to seal the heated space and ducts in a
(B) Insulation of
ceilings or attics to R-38 if achievable in areas with R-19 or less, including
insulation installed on flat roofs (but excluding any fire or weatherproofing
or roofing materials installed over the insulation) and associated
(C) Fill the wall
cavity with insulation. If area has unfinished walls adjacent to unheated
areas, fill the wall cavity to R-21, if achievable. In areas that have finished
walls with no insulation that are adjacent to unheated areas, fill to R-13, if
(D) Insulation of
floors over unheated spaces to fill framing cavity or achieve R-30 if
achievable in areas where no insulation is present, and materials to support
the insulation and needed ground cover and ventilation;
(E) Insulation of supply and return air ducts
in unheated spaces to at least R-8 if achievable and no insulation is present
and the ducts are in unheated areas;
(F) Insulation of water heaters, water pipes,
or steam pipes in unheated spaces and for at least ten feet from the water
heater in unheated areas to at least R-3 if achievable and no insulation is
(G) Double glazed windows
(including sliding doors) with a U-value of at least 0.35 or lower replacing
less energy efficient windows.
Storm doors covering uninsulated exterior doors;
(J) Storm windows over single pane glass
windows on an exception basis when double glazed windows are not a practical
(K) Insulated exterior
doors with an U-value no higher than 0.20.
(L) Replacement fuel oil burners, including
electrical controls and combustion chamber improvements when needed, which
increase combustion efficiency of oil furnaces or boilers. A replacement burner
must have a tested steady state efficiency of at least 80 percent and be
replacing a burner that is more than 10 years old or is in a heating systems
with a tested steady state efficiency of 70 percent or less;
(M) Fuel oil furnaces or boilers with tested
steady state efficiency of at least 81 percent replacing a fuel oil heating
system that is more than 20 years old or has a steady-state efficiency of 70
percent or less or as otherwise authorized by the Oregon Department of
(N) Installation of
above-ground oil tanks to replace use of underground oil tanks and associated
fuel lines shall qualify, but only if associated with the replacement of the
oil furnace qualifying for a rebate. Any costs associated with the
decommissioning, removal, or environmental cleanup of an underground fuel tank
(P) Blower door tests
and blower door assisted whole house air sealing performed by a technician
certified by the Oregon Department of Energy's Residential Energy Tax Credit
duct sealing technician certification program;
(Q) Duct leakage tests and duct sealing
performed by a technician certified by the Oregon Department of Energy's
Residential Energy Tax Credit technician certification program in accordance
with the Oregon Department of Energy's premium efficiency duct system standards
in effect at the time the work is completed.
(R) Vapor barrier material, exhaust fans and
venting to provide spot ventilation in kitchens, bathrooms, utility rooms, or
other areas where as the result of installing recommended energy conservation
measures moisture problems could be created or worsened.
In the case of centrally-heated apartment
buildings receiving a commercial energy audit, measures shall be primarily
designed to reduce fuel oil use. In addition to measures listed in subsection
(a) of this section, the measures may include but not be limited to:
(A) Automatic energy control
(B) Equipment, associated
with such control systems, which is needed to run variable steam, hydraulic and
(C) Furnace or
boiler plant and distribution system modifications. This includes devices for
modifying flue openings which will increase the efficiency of the heating
(D) Lighting system
(15) "Energy Conservation Measures
Specifications": All energy conservation measures shall meet the installation
provisions of the Oregon Department of Energy's Energy Conservation Measure
Specifications. All heating system improvements shall meet the steady state
efficiency requirements of these rules. All blower door assisted whole house
air sealing and duct sealing measures shall meet the specifications of the
Oregon Department of Energy's Residential Energy Tax Credit technician
"Finance Charge ": The total of all interest, loan fees, and other charges
related to the cost of obtaining credit. This includes any interest on any loan
fees financed by the lender.
"Fuel Oil": Any petroleum product sold by a petroleum supplier for use as a
residential heating fuel, including heating oil, propane, butane and
(18) "Landlord": A
dwelling owner who rents his or her dwelling to a tenant.
(19) "Lender": Any bank, mortgage company,
trust company, savings and loan, or credit union having an office in
(20) "Lighting system
improvements": Measures which will reduce energy use in the lighting system by
at least 25 percent if recommended in the commercial energy audit.
(21) "Oregon Department of Energy": State of
Customer": A dwelling owner or tenant who is billed by a dealer for fuel oil
received at the dwelling.
"Space-Heating": The heating of living space within a dwelling.
(24) "State Incentive": The energy
conservation measure rebate or any other state incentive which gives a customer
a cash payment for an energy conservation measure.
(25) "Tenant": A tenant as defined in ORS
91.100 or any other
(26) "Trade Ally": means a
contractor licensed in the State of Oregon to install energy conservation
(27) "Unheated Space": An
area in a dwelling which is not connected to a heating system fueled by fuel
oil or wood.
Resident": A person whose primary space heating fuel is any form of wood,
(a) In the case of a
dwelling which has an installed central electric or gas heating system the
customer is eligible for rebate and loan financing under this program if not
eligible for such financial assistance from the utility; or
(b) In the case of a dwelling which has
baseboard or portable space heaters, the customer is eligible for rebate and
loan financing under this program if not eligible for such financial assistance
from the utility.
(c) In the case
of a dwelling that has no installed heating system other than wood, the
customer is eligible for rebate and loan financing under this