18.10.020 Definitions.
The following definitions apply in this chapter:
Accessory dwelling unit means a small, secondary dwelling unit on a lot or parcel with a single-unit dwelling, a townhome, or a manufactured home as a primary use. See BDC 3.6.200(B), Accessory Dwelling Unit (ADU).
Attached means dwelling units attached by one of the following options as shown in the following figure. The shared or attached wall must be the wall of an enclosed interior space of a dwelling unit and may include the walls of attached garages, and does not include porches, patios, decks or stoops.
1. A dwelling unit must share a common wall for at least 25 percent of the length of another dwelling unit; or
2. The entire length of one elevation of a dwelling unit must be attached to another dwelling unit.
Covered building means any residential structure containing a single dwelling unit or manufactured dwelling, regardless of size, on its own lot or parcel, or any attached single dwelling unit, regardless of whether it is located on its own lot or parcel, where each unit extends from foundation to roof, such as an attached accessory dwelling unit (ADU), duplex, triplex, quadplex or townhouse. Covered building does not include detached accessory dwelling units, stacked condominiums or dwelling units where the unit does not extend from foundation to roof (ADUs can be stacked), or single dwelling units used solely for commercial purposes.
City Manager means the City Manager of the City or their authorized representative, designee, or agent.
Duplex means two attached dwelling units on one lot or parcel.
Energy means electricity, natural gas, propane, steam, heating oil, wood, or other product sold for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities.
Homebuilder means an individual or business entity building new construction single dwelling unit housing or covered building to be listed for sale.
Home energy assessor means a person who is certified as a home energy assessor by the Oregon Construction Contractors Board to determine home energy performance scores for residential dwelling units.
Home Energy Performance Report means the report prepared by a home energy assessor in compliance with Oregon Administrative Rules adopted by Oregon Department of Energy for Oregon Home Energy Score Standard. The report must include the following information:
1. The Home Energy Performance Score and an explanation of the score;
2. An estimate of the total annual energy used in the home in retail units of energy by fuel;
3. An estimate of the total annual energy generated by on-site solar electric, wind electric, hydroelectric, and solar water heating systems in retail units of energy, by type of fuel displaced by the generation;
4. An estimate of the total monthly or annual cost of energy purchased for use in the covered building in dollars, by fuel type, based on the current average annual retail residential energy price of the utility serving the covered building at the time of the report and the average annual energy prices of nonregulated fuels, by fuel type, as provided by the Oregon Department of Energy;
5. The current average annual utility retail residential energy price in dollars, by fuel type, and the average annual energy prices of nonregulated fuels, by fuel type, provided by the Oregon Department of Energy;
6. At least one comparison Home Energy Performance Score that provides context for the range of potential scores. Examples of comparison homes include, but are not limited to, a similar home with Oregon’s average energy consumption, the same home built to Oregon energy code, or the same home with certain energy efficiency upgrades;
7. The name of the entity that assigned the Home Energy Performance Score and that entity’s Oregon Construction Contractors Board license number if such a license is required by law;
8. The date the building energy assessment was performed;
9. For reports that meet all requirements of Oregon Administrative Rules adopted by Oregon Department of Energy for Oregon’s Home Energy Performance Score Standard, the statement “This report meets Oregon’s Home Energy Performance Score standard” must be included on Home Energy Performance Reports; and
10. A disclaimer on the potential impacts of vegetation and exterior building features on energy efficiency, for example: “Trees and exterior building features may provide additional energy efficiency benefits to the building. Visit energy.gov to learn more”;
11. A disclaimer on the potential for undisclosed energy efficient improvements and/or assets in the building, for example: “Additional energy efficient features may be present in the home and were not documented at time of Home Energy Score assessment”;
12. Any additional Home Energy Performance Report or Home Energy Performance Score requirements as adopted by the Oregon Department of Energy.
Home Energy Performance Score means an asset rating that is based on physical inspection of the home or design documents used for the home’s construction.
Home Energy Performance Score System means a system that incorporates building energy assessment software to generate a Home Energy Performance Score and Home Energy Performance Report. Examples of home energy performance score systems include, but may not be limited to, the U.S. Department of Energy Home Energy Score or the Home Energy Rating System (HERS).
Listed publicly for sale means listing the covered building for sale by printed advertisement internet posting, Regional Multiple Listing Service (RMLS) listing, or publicly displayed sign.
Manufactured dwelling means a residential trailer, mobile home, or manufactured home meeting ORS 446.003(21) and designed to be used as a year-round residential dwelling. The manufactured dwelling is a structure that is constructed for movement on the public highways, that has sleeping, cooking, and plumbing facilities and that is being used for residential purposes.
Manufactured home means a single-unit residential structure, as defined in ORS 446.003(23)(a), which includes a Department of Housing and Urban Development (HUD) label certifying that the structure is constructed in accordance with the Manufactured Housing Construction and Safety Standards of 1974 (42 USC Section 5401 et seq.) as amended on August 22, 1981.
Mobile home means a manufactured dwelling that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.
New home means a home constructed in the current or previous year.
Real estate listings means any public real estate listing of homes for sale in the city of Bend, by a property owner, representative of a property owner, or by a licensed real estate agent. Real estate listings include any printed advertisement, internet posting, or publicly displayed sign, including but not limited to Regional Multiple Listing Service, Craigslist, Nextdoor and other social media platforms, Redfin, Zillow, Trulia and other third-party listing services.
Real estate listings are required to include the Home Energy Performance Score and the Home Energy Performance Report.
Residential trailer means a manufactured dwelling that was constructed prior to January 1, 1962.
Sale means the conveyance of title to real property as a result of the execution of a real property sales contract. Sale does not include transfer of title pursuant to inheritance, involuntary transfer of title resulting from default on an obligation secured by real property, change of title pursuant to marriage or divorce, condemnation, or any other involuntary change of title affected by operation of law.
Seller means any of the following:
1. Any individual, individuals or entity possessing title to a property that includes a covered building to be listed for sale; or
2. The association of unit owners responsible for overall management in the case of a condominium, or other representative body of the jointly owned building with authority to make decisions about building assessments and alterations of the covered builidng to be listed for sale.
Single-unit detached dwelling means a structure, or manufactured home, containing one dwelling unit with no structural connection to adjacent units.
Triplex means three attached dwelling units on one lot or parcel.
Quadplex means four attached dwelling units on one lot or parcel. [Ord. NS-2460 § 1 (Exh. A), 2022]