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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 12. CONSTRUCTION CODES SUPPLEMENT OF 2013 |
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SubTilte 12-K. GREEN CONSTRUCTION CODE SUPPLEMENT OF 2013 |
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Chapter 12-K3. GREEN BUILDING ACT AND ASHRAE 189.1 |
Section 12-K302. GREEN BUILDING ACT REQUIREMENTS
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Strike Chapter 3 of the International Green Construction Code in its entirety and insert new Chapter 3 in the Green Construction Code in its place to read as follows:
302.1 Green Building Act of 2006 requirements. An applicant for permits subject to Section 302.2 or Section 302.3 shall comply with Sections 302.4 through 302.12 and the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code §§ 6-1451.01 et seq. (2012 Repl. & 2013 Supp.)), as amended (“Green Building Act” or “GBA”). Other components of the Green Building Act are administered by other District of Columbia agencies. The applicant shall have the option of requesting a Green Building Act Preliminary Design Review Meeting (“GBA PDRM”) with the Department, at the discretion of the applicant.
302.2 Publicly-owned or publicly financed projects. This section shall apply to each project that is new construction or a substantial improvement; and, is either:
1. A District-owned or District instrumentality-owned project; or
2. A District financed or District instrumentality financed project, where the financing represents at least 15 percent of the project’s total cost.
302.2.1 Energy Star Target Finder Tool. Each project of 10,000 square feet (929 m2) or more of gross floor area shall be designed and constructed to achieve a minimum score of 75 points on the Energy Star Target Finder Tool. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section.
Exceptions:
- Building occupancies for which the Energy Star tool is not available.
2. Alterations.
302.2.2 Non-residential projects. A project which does not contain residential occupancies that equal or exceed 50 percent of the gross floor area of the project, including allocable area of common space, shall be deemed a non-residential project and shall be designed and constructed so as to achieve no less than the applicable LEED standard listed in Section 302.4, at the Silver level or higher. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section.
Exceptions:
1.Educational Group E (covered by Section 302.2.3).
2.Space designed and occupied for residential occupancies in a non-residential project (covered by Section 302.2.4).
3.Space designed and occupied for non-residential uses located in a residential project (covered by Section 302.2.5).
4.Space designed and occupied for non-residential uses located in a District-owned or a District instrumentality-owned building (covered by either Section 302.2.6 or Section 302.2.7 as applicable).
302.2.3 Educational Group E. A project of Educational Group E shall be designed and constructed to meet the LEED standard for Schools, at the Gold level or higher. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section. This section shall apply only to the following: (1) schools owned, operated or maintained by the District of Columbia Public Schools (DCPS); and (2) District of Columbia public charter schools.
Exceptions:
1.Where sufficient funding is not available to meet the applicable LEED standard for Schools at the Gold level, then the project shall meet the LEED standard for Schools at no less than the Certified Level of the LEED standard for Schools. Prior to submitting a permit application under this exception, the applicant shall obtain an exemption based on insufficient funding from DDOE pursuant to Section 302.12.
2.Where a project for Educational Group E occupancy is located in only a portion of a building, then only that portion of the building that is the subject of the project shall comply with this Section 302.2.3.
302.2.4 Project containing residential occupancies. Where a project contains 10,000 square feet (929 m2) or more of gross floor area for residential occupancies including the allocable area of common space, then the residential occupancies of the project shall be designed and constructed to meet or exceed the Enterprise Green Communities Criteria, or a substantially equivalent standard as determined by the code official. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section. A self-certification checklist shall be submitted to the code official with the application for the certificate of occupancy of the residential component of the project. The residential component of the project shall not be required to meet a LEED standard.
302.2.5 Interior construction of a mixed use space in a residential project. Where residential occupancies exceed 50 percent of the gross floor area of the project, including allocable area of common space, and the project contains at least 50,000 contiguous square feet (4645 m2) of gross floor area, exclusive of common space of the non-residential occupancies, then the space designated for non-residential occupancies shall be designed and constructed to meet or exceed one or more of the applicable LEED standards listed in Section 302.4 at the Certified Level. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section.
302.2.6 Interior tenant fit-out alteration in a District-Owned or a District Instrumentality-Owned project. Where a project in a District-owned or a District instrumentality-owned building involves the alteration of 30,000 square feet (2787 m2) or more of gross floor area for a single non-residential occupancy, exclusive of common space, for which space a certificate of occupancy for non-residential use has been or would be issued, then the portion of the project subject to alteration shall be designed and constructed to meet or exceed one or more of the LEED standards listed in Section 302.4 at the Certified Level. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section.
302.2.7 Interior tenant fit-out in new construction. Where a project in a District-owned or a District-instrumentality-owned building involves the fit-out for tenant occupancy of shell space or spaces of 30,000 square feet (2787 m2) or more of gross floor area, exclusive of common space, for a single non-residential occupancy, for which space a certificate of occupancy would be issued, the portion of the project subject to tenant fit-out shall be designed and constructed to meet or exceed one or more of the applicable LEED standards listed in Section 302.4 at the Certified Level. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section.
302.3 Privately-owned projects. All privately-owned projects that are (a) new construction or substantial improvement; and (b) 50,000 square feet (4645 m2) or more of gross floor area shall comply with Section 302.3. Privately-owned projects shall mean projects owned or developed by a non-governmental person which are not within the scope of Section 302.2. This category shall also include, but shall not be limited to, projects involving the following District of Columbia participation:
- Improved and unimproved real property acquired by sale from the District or a District instrumentality to a private entity;
- Unimproved real property leased from the District or a District instrumentality to a private entity: and
- Any project where some portion but less than 15 percent of the project’s total project cost is District financed or District instrumentality financed. Privately-owned projects receiving 15 percent or greater of the project’s cost from the District or a District instrumentality shall comply with Section 302.2.
302.3.1 Energy Star Target Finder Tool. Each project of 50,000 square feet (4645 m2) or more of gross floor area shall estimate the project’s energy performance using the Energy Star Target Finder Tool and submit this data to the code official with the permit application.
Exception: Building occupancies for which the Energy Star tool is not available.
302.3.2 Privately-owned non-residential projects. In addition to compliance with Section 302.3.1, each non-residential project of 50,000 square feet (4645 m2) or more of gross floor area shall be designed and constructed to meet or exceed one or more of the LEED standards listed in Section 302.4 at the Certified Level. A “non-residential project” shall mean a project where 50 percent or more of the gross floor area, including allocable area of common space, is occupied or intended for occupancy for uses that are not residential occupancies. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section.
302.3.3 Interior construction of mixed use space in a residential project. Where residential occupancies exceed 50 percent of the gross floor area of the project, including allocable area of common space, and the project contains at least 50,000 contiguous square feet (4645 m2) of gross floor area, exclusive of common space, that is or would be occupied for non-residential use, then the space designated for non-residential occupancies shall be designed and constructed to meet or exceed one or more of the applicable LEED standards listed in Section 302.4 at the Certified Level. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section.
302.3.4 Educational Group E. A project of Educational Group E occupancy shall be designed and constructed to meet the LEED standard for Schools, at the Gold level or higher. The applicant shall provide plans and supporting documents in sufficient detail and clarity to enable the code official to verify compliance with this section. This section shall apply only to the following: (1) schools owned, operated or maintained by the District of Columbia Public Schools (DCPS); and (2) District of Columbia public charter schools.
Exceptions:
1.Where sufficient funding is not available to meet the applicable LEED standard for Schools at the Gold level, then the project shall meet the LEED standard for Schools at no less than the Certified Level of the LEED standard for Schools. Prior to submitting a permit application under this exception, the applicant shall obtain an exemption based on insufficient funding from DDOE pursuant to Section 302.12.
2.Where a project for Educational Group E occupancy is located in only a portion of a building, then only that portion of the building that is the subject of the project shall comply with this Section 302.3.4.
302.3.5 Terminology. Where the term “gross floor space” is used in the Green Building Act, the term shall mean gross floor area.
302.4 LEED standards. Applicants, in consultation with the U.S. Green Building Council (USGBC) listed in Chapter 12, shall utilize one or more of the following LEED standards listed in Chapter 12, as appropriate for the type of project or occupancy:
1. New Construction & Major Renovations.
2. Commercial Interiors.
3. Core & Shell.
4. Healthcare.
5. Retail: Commercial Interiors.
6. Retail: New Construction & Major Renovations.
7. Schools.
302.4.1 LEED version. An applicant for permits subject to Sections 302.2.2 through 302.2.7 (excluding residential projects subject to 302.2.4) or Section 302.3.2 through 302.3.4 shall either register the project with the USGBC or shall meet the LEED requirements without USGBC registration and provide verification of compliance in accordance with alternatives 2 or 3 of Section 302.5.1.
302.4.1.1 LEED version applicable to certain projects.
302.4.1.1.1 Prior USGBC registration. Where an applicant has registered a project with the USGBC using an earlier version of the LEED standards listed in Section 302.4 and Chapter 12, then the applicant may elect to have verification of the project based upon such earlier LEED version, provided that the USGBC will continue the certification process under the earlier version.
302.4.1.1.2 Verification of compliance without USGBC registration. Where an applicant elects to meet the LEED requirements without USGBC registration, the applicant shall use the LEED standards listed in Section 302.4.
Exception: Where the applicant has engaged in at least one of the following interactions with the District of Columbia, then the applicant may elect to have verification of the project based upon an earlier LEED version, provided that the earliest version of the appropriate LEED standard that shall be used is the version in effect one year prior to whichever of the interactions of the applicant with the District of Columbia came first:
1.The approval of a land disposition agreement;
2. The submission of an application to the Board of Zoning Adjustment for a variance or special exception relief;
3. The submission of an application to the Zoning Commission for a planned unit development or other approval requiring Zoning Commission action;
4. The submission of an application to the Historic Preservation Review Board or Mayor’s Agent for the Historic Preservation Review Board;
5. The filing of a building permit application for the primary scope of work of project, but not applications for other types of permits, including, but not limited to, applications for raze permits, trade permits, foundation and earthwork permits or miscellaneous; or
6. Other substantial land-use interactions with the District as determined by the code official.
302.4.1.2 Enterprise Green Communities version. An applicant for permits subject to 302.2.4 shall register the project with Enterprise Green Communities or with the entity that certifies compliance with an approved substantially equivalent standard; or, the applicant shall meet the applicable standard without registration of the project and provide verification of compliance in accordance with alternatives 2 or 3 of Section 302.5.1
302.4.1.2.1 Prior registration. Where an applicant has registered a project with Enterprise Green Communities or with an entity that certifies compliance with an approved substantially equivalent standard, using an earlier version of the applicable standards than listed in Chapter 12, then the applicant may elect to have verification of the project based upon such earlier version, provided that the certifying organization will continue the certification process under the earlier version.
302.4.1.2.2 Verification of compliance without registration. Where an applicant elects to meet the Enterprise Green Communities Criteria (or an approved substantially equivalent standard) without registration, the applicant shall use the Enterprise Green Communities Criteria listed in Chapter 12 or, if applicable, the approved substantially equivalent standard.
Exception: Where the applicant has engaged in at least one of the interactions with the District of Columbia listed in Section 302.4.1.1.2, then the applicant may elect to have verification of the project based upon an earlier version of the appropriate standard; provided, that the earliest version of the appropriate standard that shall be used is the version in effect one year prior to whichever of the interactions of the applicant with the District of Columbia listed in Section 302.4.1.1.2 came first.
302.5 Verification. Evidence that a project meets or exceeds the LEED standard required by Sections 302.2.2 through 302.2.7 or Sections 302.3.2 through 302.3.43, or the Enterprise Green Communities Criteria (or approved substantially equivalent standard) required by Section 302.2.4, shall be submitted to the code official within 24 calendar months after the project’s receipt of the first certificate of occupancy issued for occupiable space in a story above grade plane.
302.5.1 Evidence required. For purposes of this section, verification of compliance shall be established by the following:
1. A certification by the USGBC that the project meets or exceeds the applicable LEED standard required by Sections 302.2.2 through 302.2.7 or Sections 302.3.2 through 302.3.4, or, if applicable, a certification by Enterprise Green Communities (or entity that certifies an approved substantially equivalent standard) that the project meets or exceeds the applicable standard required by Section 302.2.4; or
2. A determination by the code official that the project meets or exceeds the LEED standard required by Sections 302.2.2 through 302.2.7 or Section 302.3.2 through 302.3.4, or the Enterprise Green Communities Criteria (or approved substantially equivalent standard) required by Section 302.2.4; or
3. A certification by an approved agency or approved source that the project meets or exceeds the LEED standard required by Sections 302.2.2 through 302.2.7 or Section 302.3.2 through 302.3.4, or the Enterprise Green Communities Criteria (or approved substantially equivalent standard) required by Section 302.2.4.
302.5.2 Extension. The code official, for good cause and upon written request, is authorized to extend the period for verification of compliance for up to three consecutive one-year periods.
302.6 Financial security. Before issuance of the first certificate of occupancy for occupiable space in a story above grade plane of a privately-owned project subject to the provisions of Sections 302.3.2 through 302.3.4, the applicant shall provide to the code official evidence of financial security to cover the amount of fine that would be imposed under the Green Building Act for non-compliance with the provisions of Sections 302.3.2 through 302.3.4.
302.6.1 Amount of financial security. The amount of the potential fine on a project, and thus the amount of financial security, shall be as follows:
1. $7.50 per square foot of gross floor area of construction if the project is less than 100,000 square feet (9290 m2) of gross floor area of the project.
2. $10.00 per square foot of gross floor area of construction if the project is equal to or greater than 100,000 square feet (9290 m2) of gross floor area of the project.
The amount of a fine for non-compliance under this sub-section, and thus the amount of security, shall not exceed $3,000,000. When applying the provisions of this Section 302.6 to interior construction of a mixed use space in a residential project covered by Section 302.3.3, the gross floor area of the project shall be deemed to mean the contiguous gross floor area, exclusive of common space, of the non-residential occupancies. The amount of this fine shall be subject to modification based upon the form of security for performance as provided for in Sections 302.6.2.1 through 302.6.2.3.
302.6.2 Security for performance/form of delivery. The financial security requirement shall be met through one of the following four methods:
302.6.2.1 Cash. If this option is elected, cash shall be deposited in an escrow account in a financial institution in the District in the names of the applicant and the District. A copy of a binding escrow agreement of the financial institution shall be submitted to the code official in a form satisfactory to the Office of the Attorney General, which provides that the funds can be released upon direction of the District where remitted pursuant to Section 302.7. If cash is used as the financial security, the amount of the financial security posted shall be discounted by 20 percent.
302.6.2.2 Irrevocable letter of credit. If this option is elected, an irrevocable letter of credit benefitting the District shall be submitted to the code official in a form satisfactory to the Office of the Attorney General from a financial institution authorized to do business in the District. The irrevocable letter of credit, issued by the financial institution, shall comply with applicable regulatory requirements. If an irrevocable letter of credit is used as the financial security, the amount of the financial security posted shall be discounted by 20 percent.
302.6.2.3 Bond. If this option is elected, a bond benefitting the District, which complies with applicable regulatory requirements, shall be submitted to the code official in a form satisfactory to the Office of the Attorney General. If a bond is used as the financial security, the amount of the financial security posted shall be discounted by 20 percent.
302.6.2.4 Binding pledge. If this option is elected, a binding pledge shall be submitted to the code official in a form approved by the Office of the Attorney General. The binding pledge shall be recorded as a covenant in the land records of the District against legal title to the land in which the project is located and shall bind the owner and any successors in title to pay any fines levied under Section 302.7.1.
302.7 Enforcement. Where a project fails to provide pursuant to Section 302.5 satisfactory verification of the project’s compliance with the requirements of Sections 302.3.2 through 302.3.4 within the prescribed time frame and any extensions thereof granted by the code official pursuant to Section 302.5.2, the code official is authorized to draw down on the financial security submitted as cash, irrevocable letter of credit or bond, by submission by the District of the original security documentation, provided that where a binding pledge has been provided, to enforce such pledge agreement pursuant to its terms. The amounts thus drawn down from the financial security shall be deposited in the Green Building Fund set up under the Green Building Act.
302.7.1 Financial security drawdowns. If a project fails to provide satisfactory verification of compliance, the drawdowns of the financial security in the form of cash, irrevocable letter of credit, or bond shall be as follows:
1. Failure to provide proof of compliance within 24 calendar months after the project’s receipt of the first certificate of occupancy for occupiable space in a story above grade plane: 100 percent drawdown; or
2. Miss up to three LEED points in the applicable LEED standard: 50 percent drawdown; or
3. Miss more than three LEED points in the applicable LEED standard: 100 percent drawdown.
302.7.2 Binding pledge fines. If a project fails to provide satisfactory verification of compliance within 24 calendar months after the project’s receipt of the first certificate of occupancy for occupiable space in a story above grade plane and a binding pledge is used as the form of financial security, one or more fines shall be due and payable per the amounts set out in Section 302.6.1 as may be modified pursuant to Section 302.7.1.
302.8 Release of financial security. If, within 24 calendar months following the issuance of the first certificate of occupancy for occupiable space in a story above grade plane, the project fulfills the requirements of Section 302.5, the financial security shall be released by the District of Columbia and, as applicable, returned.
302.9 Remediation. If within 24 months after receipt of the first certificate of occupancy for occupiable space in a story above grade plane, or within the extension periods granted to the project per Section 302.5.2, the project does not meet the requirements of Section 302.5, the project owner shall, at its own cost, design and renovate the existing building to meet or exceed the current edition of the LEED standard for Existing Buildings: Operations & Maintenance at the Certified Level. The project owner shall submit sufficient data to the code official to verify compliance with this section. The project owner shall provide to the code official certification, by the owner’s registered design professional or an approved agency or an approved source that the project complies with this section.
302.10 Additional fine. If within 48 calendar months after receipt of the first certificate of occupancy for occupiable space in a story above grade plane, a project subject to Section 302.34 fails to provide satisfactory verification in accordance with the provisions of Section 302.5 or Section 302.9, the project owner shall pay a monthly fine of $0.02 per square foot of gross floor area of the project to the District of Columbia. The fine shall be a civil penalty, due and payable annually. The fine shall be in addition to any fines issued under Section 302.7 and shall not be subject to the $3,000,000 limit under Section 302.6.1.
302.11 Appeals. Determinations made by the code official under Sections 302.2 through 302.10 may be appealed pursuant to Section 112 of the Building Code.
302.12Exemptions. A request for an exemption from application of the Green Building Act, or the implementing regulations set forth in Section 302, to any project may be made to DDOE pursuant to the provisions of 20 DCMR Chapter 35 and D.C. Official Code § 6-1451.10 (2012 Repl.).
