Reality of implementing green buildings in your city feb 23 2011

The reality of implementing green

buildings programs in your city

Kobet Cheatham Group BasicGov

The Kobet Cheatham Group

Chris Cheatham

LEED AP

Construction Attorney

[email protected]

202-553-3181

Bob Kobet

LEED Faculty

Architect

[email protected]

412-980-9725

Stats from Registration

Are you familiar with the International

Green Construction Code

N/A,

What is your knowledge level of green building programs

High,

7%

N/A, Yes,

37%

No,

31%

N/A,

32%Med,

33%

Low,

33%

N/A,

27%

Only 8% of you have applied LEED in your local building codes

(255 Registrations)

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�City Managers

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BasicGov Customers

�Planners

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�Permit Clerks

“ We started using BasicGov’s

planning software a few years ago,

then this year we added additional

BasicGov modules for code

enforcement, licensing, GIS

integration and permits,” said a

staff planner for the City of

Beaumont, California

staff planner for the City of

Beaumont, California. “Our City

likes the affordable cost and

flexibility of BasicGov software that

allows us to change our number of

users depending upon the level of

activity within our community.” Beaumont Uses BasicGov to Incorporate

Four City Departments in the Cloud

Keys to successful green

building code

implementation

1. Engage key constituents early on.

2. Ensure compliance with federal preemption.2. Ensure compliance with federal preemption.

3. Tailor the code to your jurisdiction.

4. Provide training to code officials.

5. Educate about new codes.

Early Green Building “Codes”

The D.C. Green Building Act of 2006

• Starting January 1, 2012 privately-owned projects must

be LEED certified

• Applicant must provide “performance bond”

• “All or part of the performance bond shall be forfeited • “All or part of the performance bond shall be forfeited

to the District and deposited in the Green Building Fund

if the building fails to meet the verification

requirements . . . .”

LEED Is NOT A Code

LEED

certification

-Greening the Codes, USGBC

certification

Codes

Early Green Building Codes

CALGreen

• Effective January 1, 2011

• Mandatory Baseline Standards

– 20 percent water reduction – 20 percent water reduction

– 50 percent salvage/recycling

– Benchmarking

• Voluntary Tier I and II Standards

Remember: keep your

constituents happy.

Develop building industry Develop building industry

support early on.

Otherwise…

Challenges to Green Building Codes

Federal preemption:

"A standard prescribed or established under section 6313(a) of this title shall, beginning on the effective date of such standard, supersede any State or local regulation concerning the the effective date of such standard, supersede any State or local regulation concerning the energy efficiency or energy use of a product for which a standard is prescribed or established pursuant to such section.”

-National Appliance Energy Conservation Act


Albuquerque Energy Conservation Code

1. The building must achieve LEED certification;

2. The proposed building must be 30 percent more 2. The proposed building must be 30 percent more

energy efficient than a baseline building; or

3. The Heating, Ventilation, and Air Conditioning

(HVAC) system and equipment must comply

with minimum energy efficiency standards.


Air Conditioning, Heating, and Refrigeration Institute (ACHRI) v. City of Albuquerque

"The Court concludes that the prescriptive provisions of Volume I requiring the use of heating, ventilation, or air conditioning products or water heaters with energy efficiency or water heaters with energy efficiency standards more stringent than federal standards are regulations that concern the energy efficiency of covered products and, therefore, are preempted as a matter of law."

-Judge Vazquez, U.S. District Court

District of New Mexico


Exception to National Appliance

Energy Conservation Act

Preemption

• 42 U.S.C. § 6297 (f)(3)

• 7 prong test

• Essentially a building code

exception


• Chapter 9 – residential

energy efficiency

Washington State Energy Code

energy efficiency

requirements

• Table 9 offers many

options for compliance


• Washington Energy Code passed seven prong test

BIAW et al. v. Washington State Building

Code Council

test

• Unlike Albuquerque case, Washington did not include preempted, performance-based alternatives.

• “Further, there appear to be substantial differences in the Albuquerque code and Washington’s code.”

THE INTERNATIONAL

GREEN CONSTRUCTION CODE

THE INTERNATIONAL


BACKROUND AND DEVELOPMENTBACKROUND AND DEVELOPMENT

• COPYWRITED BY THE INTERNATIONAL CODE COUNCIL, INC WITH COOPERATING

SPONSORSHIP OF THE AIA AND ASTM

• BASED ON ASHRAE / USGBC / IES STANDARD 189.1 – 2009

STANDARD FOR THE DESIGN OF HIGH PERFORMANCE GREEN BUILDINGS

EXCEPT LOW-RISE RESIDENTIAL BUILDINGS

THE KOBET CHEATHAM GROUP

• ASHRAE / USGBC / IES 189.1 – 2009 IS A JURISDICTIONAL COMPLIANCE OPTION

OF THE INTERNATIONAL GREEN CONSTRUCTION CODE

• INTENDED TO SUPPLEMENT OTHER EXISTING INTERNATIONAL CODES

INTERNATIONAL BUILDING CODE

INTERNATIONAL FUEL GAS CODE

INTERNATIONAL MECHANICAL CODE

INTERNATIONAL PLUMBING CODE

INTERNATIONAL PROPERTY MAINTENANCE CODE

INTERNATIONAL FIRE CODE

INTERNATIONAL ENERGY CONSERVATION CODE

INTERNATIONAL ZONING CODE

THE INTERNATIONAL


THE INTERNATIONAL


BACKROUND AND DEVELOPMENTBACKROUND AND DEVELOPMENT

Public Version 1.0 of the International Green Construction Code was

developed in 2010 by the Sustainable Building Technology Committee (SBTC)

appointed by the ICC Board of Directors, with the American Institute of Architects

and ASTM International as Cooperating Sponsors

Public Version 2.0 of the International Green Construction Code was issued


Public Version 2.0 of the International Green Construction Code was issued

on November 3, 2010 after the Public Comments submitted to Public Version 1.0

were considered by the IGCC Public Comment Committee at the Public

Hearings held in Rosemont, IL, August 14 – 21, 2010

2012 International Green Construction Code will be a result of revisions to

Public Version 2.0. Revisions will be in the form of code changes which will be

processed in accordance with ICC’s Code Development Process (as outlined in

Council Policy #28) comprised of Code Development and Final Action Hearings

in 2011. The 2012 IGCC is scheduled for release in March 2012.

THE INTERNATIONAL


THE INTERNATIONAL


The International Green Construction Code Public Version 2.0 isavailable as a resource document to guide adoption and use by

jurisdictions internationally. Its use within a governmental jurisdiction is

intended to be accomplished through adoption by reference inaccordance with proceedings establishing the jurisdiction's laws. At the

time of adoption, jurisdictions should insert the appropriate information

in provisions requiring specific local information, such as the name of


in provisions requiring specific local information, such as the name ofthe adopting jurisdiction:

THE INTERNATIONAL


THE INTERNATIONAL


Chapter 3 is the core of the International Green Construction

Code. It is formatted to facilitate the

customization of the code to address local issues, provide

options for construction which

exceed the minimum requirements of the code and provide for the

TABLE 302.1REQUIREMENTS DETERMINED BY THE JURISDICTION


of the code and provide for the implementation of best practices. Table 302.1 which addresses

jurisdictional choices and Table 303.1 which introduces the concept

of project electives are fundamental

to the understanding and use of the

Code.

THE INTERNATIONAL


THE INTERNATIONAL



THE INTERNATIONAL


THE INTERNATIONAL


HOW IGCC COMPLIMENTS AND SUPPORTS LEED HOW IGCC COMPLIMENTS AND SUPPORTS LEED

IGCC SECTION 402 – PRESERVATION OF NATURAL RESOURCES

402.2.1 Floodplains. Buildings and building site improvements shall not

be located in a floodplain

LEED Green Building Design and Construction (BD + C)Sustainable Sites Credit 1 – Site Selection


Sustainable Sites Credit 1 – Site Selection

IGCC SECTION 611 – BUILDING RENEWABLE ENERGY SYSTEMS

611.3 Renewable energy system requirements. Buildings that consume

energy shall comply with this section. Each building or surrounding

lot or building site where there are multiple buildings on the building

site shall be equipped with one or more renewable energy systems

in accordance with this section.

LEED Green Building Design and Construction (BD+C)Energy and Atmosphere Credit 2 – On-Site Renewable Energy Systems

THE INTERNATIONAL


THE INTERNATIONAL


HOW IGCC COMPLIMENTS AND SUPPORTS LEED HOW IGCC COMPLIMENTS AND SUPPORTS LEED

IGCC SECTION 612 – ENERGY SYSTEMS COMMISSIONING

AND COMPLETION612.1 Mechanical Systems commissioning and completion requirements

612.1.1 Commissioning Plan. A commissioning plan shall be developed

by a registered design professional or approved agency and shall include

as a minimum all of the following items:


as a minimum all of the following items:

1. A narrative describing the activities that will be accomplished

during each phase of commissioning, …..

2. Equipment and systems to be tested, including……

3. Functions to be tested, including but limited to…..

4. Conditions under which test shall be performed…..

5. Measurable criteria for performance…..

LEED for Green Building Design and Construction (BD+C)Energy and Atmosphere Prerequisite 1 – Fundamental Commissioning

of the Building Systems Commissioning.

THE INTERNATIONAL


THE INTERNATIONAL


TOPICS ENCOURAGED IN LEED ADDRESSED DIRECTLY BY THE IGCC

TOPICS ENCOURAGED IN LEED ADDRESSED DIRECTLY BY THE IGCC

SECTION 304 – WHOLE BUILDING LIFE CYCLE ASSESSMENT

SECTION 402 – PRESERVATION OF NATURAL RESOURCES

SECTION 406 – DETAILED SITE DEVELOPMENT REQUIREMENTS

SECTION 507 – STRAWBALE CONSTRUCTION


SECTION 507 – STRAWBALE CONSTRUCTIONSECTION 705 – SPECIFIC WATER CONSERVATION MEASURES

SECTION 706 – NON-POTABLE WATER REQUIREMENTS

SECTION 707 – RAINWATER COLLECTION AND DISTRIBUTION SYSTEMSSECTION 708 – GREYWATER SYSTEMS

SECTION 807 – ACOUSTICS (For non academic buildings)

SECTION 1005 – HISTORIC BUILDINGS

INTEGRATED PEST MANAGEMENTRADON MITIGATIONINTEGRATED DESIGN

THE INTERNATIONAL


THE INTERNATIONAL


RISK MANAGEMENT AND THE IGCCRISK MANAGEMENT AND THE IGCC

LEED COMPLIANCE IS NOT MONITORED OR SUBJECT TO

INSPECTION IN THE FIELD.COMPLIANCE WITH THE IGCC PROVISIONS IS SUBJECT TO FIELD

ENFORCEMENT BY CODE OFFICIALS


LEED CERTIFICATION, DOCUMENTATION AND REFERENCE

MATERIALS DO NOT CONTAIN SECTIONS WRITTEN TO SUPPORT

PENALTIES FOR NON-COMPLIANCEIGCC APPENDIX D CONTAINS PROVISIONS FOR ENFORCEMENT.

THEY ARE OPTIONAL AND NOT PART OF THE BASIC CODE.

LEED ACCREDITED PROFESSIONALS MAY NOT BE PROFICIENT IN INTERPRETING CODES. CODE ENFORCEMENT OFFICIALS MAY NOT FULLY UNDERSTAND LEED. EACH IS OPEN TO INTERPRETATION.

Demonstration

Content and use governed by NDA

Questions?

Chris Cheatham

LEED AP

Construction Attorney

[email protected]

202-553-3181

Bob Kobet

LEED Faculty

Architect

[email protected]

412-980-9725

Roula Fredrikson

Sales Executive

BasicGov

[email protected]

604-630-5687

Thank You

Content and use governed by NDA

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Reality of implementing green buildings in your city feb 23 2011