Virginia Law

Submetering or energy allocation equipment may not be used in any dwelling unit unless all dwelling units in the apartment house utilize such equipment to the extent permitted by the physical facilities.

Any individual nonresidential rental unit, store, or campground may utilize submetering or energy allocation equipment, provided the rental agreement or lease between the owner and the tenant clearly states that the nonresidential rental unit, store, or campsite is or will be using submetering or energy allocation equipment.

All rental agreements and leases between the owner and the tenants shall clearly state that the dwelling unit, nonresidential rental unit, or campsite utilizes submetering or energy allocation equipment, that the basis of bills for electric or natural gas consumption will be rendered based on readings of such equipment, and that any disputes relating to the amount of the tenant's bill and the accuracy of the equipment will be between the tenant and the owner. Where applicable, the provisions of the Virginia Residential Landlord and Tenant Act (§ 55-248.2 et seq. of the Code of Virginia) will govern the landlord-tenant relationship concerning the use of submetering or energy allocation equipment on all related issues other than those covered by these rules.

Each 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 electrical energy or natural gas consumed by tenants.

Any electric submeter installed will be of a type and class to register properly the electrical consumption of the dwelling unit, nonresidential rental unit, or campsite, and such meter will meet the standards of the American National Standards Institute, Inc., Standard C12.1-2008 Code for Electricity Metering (ANSI C12.1).

Any natural gas submeter installed will be of a type and class to register properly the natural gas consumption of the dwelling, nonresidential rental unit, or campsite, and such meter will meet the standards of the American National Standard Institute Standards ANSI B109.1 (2000) and B109.2 (2000) for Diaphragm Type Gas Displacement Meters and ANSI B109.3 (2000) for Rotary Type Gas Displacement Meters (hereafter, ANSI B109).

Any energy allocation equipment installed will be of a type and class appropriate to the heating, ventilation, and air conditioning (HVAC) system of the apartment house, office building, shopping center, or campground and used in accordance with the manufacturer's installation specifications and procedures for such energy allocation equipment.

Any owner installing submetering or energy allocation equipment shall notify the commission and the utility providing electric or natural gas service to the apartment house, office building, shopping center, or campground in writing within 90 days of completion of such installation that the equipment has been installed and shall give the name of the apartment house, office building, shopping center, or campground; number of dwelling units, nonresidential rental units, or campsites in the project; location; mailing address of the owner; the approximate date of installation of the equipment; and the type, manufacturer, and model number of such equipment.

Natural gas submetering and energy allocation equipment, including related piping and materials, for which the owner is responsible shall be installed, operated, and maintained by the owner in conformity with all municipal, state, and federal requirements, including but not limited to § 56-257.2 of the Code of Virginia, and with the 2006 edition of the National Fuel Gas Code.

No building or buildings which qualify as an apartment house, office building, or shopping center shall be excluded from this chapter because the apartment house, office building, or shopping center contains a mixture of dwelling units and nonresidential rental units.