Does My Building Need an Oregon BPS Energy Audit?

One of the most common questions building owners and property managers ask is straightforward: does my building actually have to comply with Oregon’s Building Performance Standard, and if so, does that mean I need an energy audit? The answer depends on several factors, primarily building size, but also location, building type, and tier assignment. Understanding whether your property falls under the BPS mandate and what compliance actually requires is the essential first step in planning your compliance strategy.

The Primary Requirement: Building Size

The fundamental threshold for BPS compliance is simple: buildings 35,000 square feet or larger must comply under ORS 330.135. This size was selected because it captures the buildings responsible for the majority of energy consumption in Oregon’s commercial real estate sector. A 35,000-square-foot building is roughly equivalent to a mid-size office building (25,000-30,000 sq ft of rentable space), a substantial retail center, or a large multifamily apartment complex with 40-60 units. For more context on what the standard requires, see What is Oregon’s Building Performance Standard.

If your building is smaller than 35,000 square feet, you are not required to comply with Oregon BPS. However, it’s important to verify this determination carefully. For properties near the threshold—say, a building that is 33,000 or 36,000 square feet—accurate square footage documentation is critical. Overestimating square footage leads to unnecessary compliance costs; underestimating and missing compliance deadlines leads to potential penalties of $1,000/day.

If you’re uncertain about your building’s exact size, review architectural plans or request official documentation from the county assessor’s office. Gross square footage (including walls and mechanical spaces) is what counts, not rentable or net square footage.

Geographic Requirement: Are You in Oregon?

The BPS applies exclusively to buildings located within Oregon state boundaries. If your building is in Washington, California, Idaho, or any other state, the Oregon BPS does not apply, regardless of building size. However, if you own properties across multiple states, ensure you understand which ones fall under Oregon’s jurisdiction.

Conversely, if you own or manage a property in Oregon, geographic location within the state is not a limiting factor—all Oregon properties meeting the size threshold must comply with ORS 330.135. A building in Klamath Falls is subject to the same requirements as a building in Portland.

Building Types Covered by BPS

The BPS applies to virtually all commercial building types that meet the size requirement. This includes:

• Commercial office buildings of all sizes and configurations
• Retail centers and shopping centers
• Hotels and hospitality facilities (including motels and inns)
• Apartment complexes and multifamily residential buildings with 20+ units
• Industrial and manufacturing facilities (with narrow process exemptions)
• Warehouses with climate control
• Healthcare facilities including hospitals, clinics, and medical offices
• Educational buildings (schools, universities, research facilities)
• Government buildings and civic structures (with some federal/state exemptions)
• Mixed-use properties combining multiple uses under one roof
• Data centers and high-tech facilities
• Storage facilities with climate control
• Parking structures with heated space

Even if your building’s primary use seems niche or specialized, if it is 35,000 square feet or larger and located in Oregon, it likely falls under the BPS. There are very few exemptions, and those that exist are narrowly defined (such as certain agricultural structures or buildings owned by specific government entities).

What About Newer Buildings?

The BPS applies to both existing buildings and new construction. Buildings completed before the BPS effective date must comply according to the standard timeline—Tier 1 buildings with a 2028 deadline, Tier 2 buildings with a 2030 deadline. Buildings constructed after the BPS implementation must meet current Oregon energy code requirements in addition to the performance standard. The key point: newness provides no exemption. A newly constructed 50,000-square-foot office building must participate in benchmarking and, when required, complete an ASHRAE Level 2 audit just as an older building would.

When an Audit Is Required: Understanding Your Compliance Path

If your building is subject to BPS (35,000+ sq ft, in Oregon, not exempt), you have a specific compliance path:

Step 1: Benchmarking (Required for all covered buildings) You must benchmark your building’s energy performance using ENERGY STAR Portfolio Manager or equivalent. This establishes your baseline energy use intensity (kBtu per sq ft per year). Benchmarking is required annually by June 1. First benchmarking was due June 1, 2025.

Step 2: Determine Your Energy Performance Gap Your auditor or benchmarking specialist compares your building’s actual performance against the Oregon energy performance standard for your building type and size. If your building’s EUI is above the standard, you have an energy gap. If your building is already at or below the standard, you’re compliant without improvements.

Step 3: ASHRAE Level 2 Audit (Required if you have an energy gap) If benchmarking shows your building doesn’t meet the standard, you must commission an ASHRAE Level 2 energy audit by your deadline to identify what improvements are needed. The audit documents your current performance, identifies specific improvements, and demonstrates whether those improvements will bring you into compliance.

Not all buildings require audits. A building already performing well may be compliant without an audit. However, most buildings over 35,000 sq ft in Oregon will need an ASHRAE Level 2 audit because most existing buildings exceed the energy performance standard. Understanding audit costs is important for budgeting purposes.

Special Circumstances and Exemptions

While most buildings 35,000 square feet and larger must comply, a small number of special circumstances apply:

Agricultural buildings used for farming operations may be exempt under certain conditions, though climate-controlled agricultural facilities typically must comply.

Properties undergoing significant renovation may have modified benchmarking requirements during the renovation period. If you’re doing major energy efficiency improvements costing 50% or more of the building’s replacement value, discuss timeline adjustments with ODOE.

Certain federal and tribal properties may fall under different regulatory frameworks, though most buildings still require participation.

Industrial process buildings with exemptions still require benchmarking of non-process loads (office, warehouse, support spaces).

These exemptions are narrow, and the burden is on the property owner to document exemption eligibility. When in doubt, assume your building must comply and verify exemption status directly with the Oregon Department of Energy.

How to Determine Your Compliance Status

Step 1: Verify Building Size Check your property’s documented square footage. This should be available from property records, architectural plans, tax records, or your county assessor’s office. The measurement used for BPS compliance is the building’s total conditioned floor area—the area that is heated, cooled, or otherwise conditioned. Exclude unheated garages, unconditioned storage, and open patios.

Step 2: Confirm Oregon Location Verify that your property is physically located within Oregon state boundaries. Check your address against ODOE’s Building Performance Standards registry.

Step 3: Check Your Building Type Review whether your building type falls within the categories covered by the BPS. As noted above, nearly all building types are covered, so this is rarely a limiting factor.

Step 4: Determine Your Compliance Tier Once you’ve confirmed you meet the basic requirements, your building will fall into either Tier 1 (deadline 2028) or Tier 2 (deadline 2030). Tier classification is typically based on building size and energy intensity. Larger buildings generally fall into Tier 1. Your tier will be determined by ODOE based on benchmarking data. Verify your tier through ODOE’s registry.

Step 5: Check the Benchmarking Registry The Oregon Department of Energy maintains a benchmarking registry. You can check this registry to confirm whether your building has already been registered, what its current benchmarking status is, and what deadline applies. Visit oregon.gov/energy and look for the BPS registry tool.

What If My Building Just Barely Qualifies?

Buildings just above the 35,000-square-foot threshold face the same compliance requirements as much larger properties. There is no graduated scale based on how close to the threshold a building is. A 35,500-square-foot building must comply just as a 100,000-square-foot building must. This might seem like a fine point, but it’s important for building owners to understand that compliance is binary—you either meet the size threshold and must comply, or you don’t.

However, smaller buildings at the threshold tier point may face Tier 2 (2030 deadline) rather than Tier 1 (2028 deadline), giving them more time to plan and execute improvements.

Multiple Buildings and Portfolio Considerations

Some property owners manage multiple buildings across Oregon. Each building 35,000 square feet or larger must be evaluated separately for compliance. A portfolio might include some properties that must comply and others that don’t, based on individual building square footage.

Similarly, portfolio properties with different compliance tiers may have staggered deadlines. A portfolio with five buildings might include two Tier 1 (2028 deadline) and three Tier 2 (2030 deadline) properties. Develop a spreadsheet or tracking system for your properties to stay organized and ensure no building falls through the cracks.

Next Steps If Your Building Must Comply

If you’ve determined that your building must comply with Oregon BPS, the next steps are:

1. Register with ODOE — If not already registered, submit your building to the benchmarking registry and confirm your tier assignment.

2. Complete benchmarking — File ENERGY STAR Portfolio Manager data to establish your baseline energy performance.

3. Assess your energy performance gap — Compare your building’s EUI against the standard for your building type. If you’re at or below the standard, you’re compliant. If above, an audit is required.

4. If audit is required: Get a flat quote for the ASHRAE Level 2 audit from a Qualified Energy Auditor. For most Oregon buildings, expect $8,000-$18,000 depending on size and complexity.

5. Apply for Energy Trust incentives — Register for Energy Trust of Oregon BPS incentives (up to $0.85 per square foot) before completing your audit. Early registration may improve incentive rates.

6. Schedule the audit — Tier 1 buildings should schedule audits in 2026 or early 2027 to hit the 2028 deadline cleanly. Tier 2 buildings have more flexibility but benefit from early action.

The good news: you have time to plan. Buildings with 2028 deadlines should begin action in 2026. Buildings with 2030 deadlines can proceed more leisurely but shouldn’t wait until 2029 to start.

Get Professional Guidance on Your Compliance Status

If you’re uncertain about whether your building must comply, or if you’re navigating complex circumstances such as multiple properties, mixed-use occupancy, recent renovations, or industrial process loads, seeking professional guidance is worthwhile. The cost of a brief consultation with a BPS compliance expert is minimal compared to the risk of missing a deadline or failing to understand your obligations.

About the Author

Mike VanVickle is a commercial building energy compliance specialist based in Oregon. He has guided dozens of property owners through Oregon’s Building Performance Standards process, from initial audit scoping through ASHRAE Level 2 completion and ODOE submission. He holds expertise in ORS 330-300 compliance timelines and has worked with Energy Trust of Oregon incentive programs to reduce compliance costs for building owners.

Sources & References

• Oregon Department of Energy — Building Performance Standards
• ORS 330.135 — Oregon Building Performance Standards Requirements
• ODOE BPS Registry and Benchmarking
• ASHRAE Standard 211-2018 — Standard for Commercial Building Energy Audits
• ODOE BPS Compliance Guidance Document (2023)