DISCLOSURE REGARDING CALIFORNIA ENERGY CODE
NEW HVAC DUCT SEALING REQUIREMENT FOR PROPERTY OWNERS IN CERTAIN CLIMATE ZONES
Starting October, 2005, installing or replacing certain heating, ventilating and air conditioning (HVAC) equipment may trigger a requirement to test and, if necessary, properly seal the existing ducts connected to that HVAC equipment. A certified home energy rater must then independently verify the duct sealing, at least on a random sampling basis. If a building permit is required, the local building department may not issue a permit for installing HVAC equipment until the ducts are properly sealed as verified by a certified home energy rater.
The California Energy Commission has established 16 climate zones that represent a geographic area for which an energy budget is established. These energy budgets are the basis for the standards. An energy budget is the maximum amount of energy that a building, or portion of a building can be designed to consume per year. The requirements of this’ law are dependent upon the climate zone where your property is located.
An Internet link to California Climate Zone map:
http://www.energy.ca.gov/maps/building_climate_zones.html
An Internet link to more regulations for various climate zones:
http://www.energy.ca.gov/2005publications/CEC-400-2005-049/CEC-400-2005-049.PDF
If a homeowner circumvents permit requirements by changing out HVAC equipment without the necessary duct sealing, the homeowner must disclose that fact to a prospective buyer on the Real Estate Transfer Disclosure Statement (TDS). Also as in any pending real estate transaction, if a seller voluntarily agrees, at the buyer’s request, to conduct repairs, such as change out the HVAC equipment, the seller also contractually agrees to comply with governmental permit requirements pursuant to C.A.R’s standard-form purchase agreements. Finally, as with any item of repair after close of escrow, buyers should ascertain upfront whether their home warranty plans will cover the HVAC equipment, duct testing and sealing, and subsequent verification by a home energy rater.
The new duct sealing rule is fully set forth at California Energy Commission’s website at:
http://www.energy.ca.gov/title24/changeout/
You are hereby advised that you should retain the services of an expert to examine the home during the inspection period that is set forth in the purchase contract. If you do not do so, you are acting against the advice of your Broker. By signing this Disclosure, you agree that Stanford Raffles Realty shall have no further responsibility for protecting you against the possibility of IP/AC regulations in the home. Nothing any sales agent may say to you can change this Agreement or the advice contained herein.
Accepted and Agreed:
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Buyer: / Date: / Buyer: / Date: