ADOPTS WITH AMENDMENTS:

International Green Construction Code 2012 (IGCC 2012)

Heads up: There are no amended sections in this chapter.

Chapter 3 Jurisdictional Requirements and Life Cycle Assessment Green Building Act and ASHRAE 189.1

AMENDMENT
This section has been amended at the state or city level.

301.1 Scope

AMENDMENT
This section has been amended at the state or city level.

301.1 General

AMENDMENT
This section has been amended at the state or city level.
The scope of the Green Construction Code, and alternative paths for complying with the Green Construction Code, are set forth in 12 DCMR A § 101.4.9.

301.1.1 Application

AMENDMENT
This section has been amended at the state or city level.

301.2 Jurisdictional Requirements

AMENDMENT
This section has been amended at the state or city level.

Section 302 Jurisdictional Requirements Green Building Act Requirements

AMENDMENT
This section has been amended at the state or city level.

302.1 Requirements Determined by the Jurisdiction

AMENDMENT
This section has been amended at the state or city level.

302.1 Green Building Act of 2006 Requirements

AMENDMENT
This section has been amended at the state or city level.
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.

302.1.1 Zepi of 46 or Less

AMENDMENT
This section has been amended at the state or city level.

302.2 Publicly-Owned or Publicly Financed Projects

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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:
  1. Building occupancies for which the Energy Star tool is not available.
  2. Alterations.

302.2.2 Non-Residential Projects

AMENDMENT
This section has been amended at the state or city level.
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 nonresidential 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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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:
  1. Improved and unimproved real property acquired by sale from the District or a District instrumentality to a private entity;
  2. Unimproved real property leased from the District or a District instrumentality to a private entity; and
  3. 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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
In addition to compliance with Section 302.3.1, each nonresidential 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 "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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
Where the term "gross floor space" is used in the Green Building Act, the term shall mean gross floor area.

302.4 LEED Standards

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
An applicant for permits subject to Sections 302.2.2 through 302.2.7 (excluding residential projects subject to Section 302.2.4) or Sections 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 alternative 2 or 3 of Section 302.5.1.

302.4.1.1 LEED Version Applicable to Certain Projects

AMENDMENT
This section has been amended at the state or city level.

302.4.1.1.1 Prior Usgbc Registration

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
An applicant for permits subject to Section 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 alternative 2 or 3 of Section 302.5.1.

302.4.1.2.1 Prior Registration

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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 302.3.4, 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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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 oneyear periods.

302.6 Financial Security

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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 subsection, and thus the amount of security, shall not exceed $3,000,000. When applying the provisions of 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

AMENDMENT
This section has been amended at the state or city level.
The financial security requirement shall be met through one of the following four methods:

302.6.2.1 Cash

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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

AMENDMENT
This section has been amended at the state or city level.
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 302.3 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

AMENDMENT
This section has been amended at the state or city level.
Determinations made by the code official under Sections 302.2 through 302.10 may be appealed pursuant to Section 112 of the Building Code.

302.12 Exemptions

AMENDMENT
This section has been amended at the state or city level.
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.).

Section 303 Whole Building Life Cycle Assessment ASHRAE 189.1 Adoption

AMENDMENT
This section has been amended at the state or city level.

303.1 Whole Building Life Cycle Assessment

AMENDMENT
This section has been amended at the state or city level.

303.1 Adoption

AMENDMENT
This section has been amended at the state or city level.
ASHRAE 189.1 is adopted and incorporated into the Green Construction Code by this reference, subject to the amendments set forth in this section.

303.2 Amendments to ASHRAE 189.1

AMENDMENT
This section has been amended at the state or city level.
Strike Section 2 of ASHRAE 189.1 in its entirety and insert new Section 2 in its place to read as follows:
  1. 2. SCOPE. The scope of ASHRAE 189.1 shall be governed by 12 DCMR A § 101.4.9.
  2. 3. DEFINITIONS, ABBREVIATIONS, AND ACRONYMS
    1. 3.2 Definitions.

      Strike the definition of "acceptance representative" in Section 3.2 of ASHRAE 189.1 and insert a new definition of "acceptance representative" in its place to read as follows:

      ACCEPTANCE REPRESENTATIVE. An entity identified by the owner who leads, plans, schedules, and coordinates the activities needed to implement the building acceptance testing activities. The acceptance representative may be a qualified employee or consultant of the owner. The acceptance representative shall meet the qualifications for an approved agency set forth in the Green Building Program Manual.

      Strike the title of Section 4 of ASHRAE 189.1 in its entirety and insert a new title in Section 4 in its place to read as follows:
  3. 4. GENERAL AND APPENDICES
    Insert the following amendments to Section 5 of ASHRAE 189.1:
  4. 5. SITE SUSTAINABILITY
    1. 5.3 Mandatory Provisions.
      Strike Sections 5.3.1.2 (Prohibited Development Activity) and 5.3.2 (Mitigation of Heat Island Effect) of ASHRAE 189.1 in their entirety without substitution.

      Strike the Exceptions to Sections 5.3.3.2 and 5.3.3.3 in ASHRAE 189.1 in their entirety and insert new Exceptions in their place to read as follows:

      Exceptions to Sections 5.3.3.2 and 5.3.3.3.
      1. Specialized signal, directional, and marker lighting associated with transportation.
      2. Advertising signage or directional signage.
      3. Lighting integral to equipment or instrumentation and installed by its manufacturer.
      4. Lighting for theatrical purposes, including performance, stage, film production, and video production.
      5. Lighting for athletic playing areas.
      6. Lighting that is in use for no more than 60 continuous days and is not re-installed any sooner than 60 days after being uninstalled.
      7. Lighting for industrial production, material handling, transportation sites, and associated storage areas.
      8. Theme elements in theme/amusement parks.
      9. Roadway lighting required by governmental authorities.
      10. Lighting classified for and used in hazardous locations as specified in NFPA 70.
      11. Lighting for swimming pools and water features.
      12. Means of egress and emergency lighting.
      13. Lighting for public safety.
      14. Lighting for security.
    2. 5.4 Prescriptive Option.
      Strike Section 5.4.1 (Site Development) of ASHRAE 189.1 in its entirety and insert new Section 5.4.1 in its place to read as follows:
      1. 5.4.1 Site Development. Building projects shall comply with Section 5.4.1.1.
        1. 5.4.1.1 Greenfield Sites. On a greenfield site:
          1. Where more than 20 percent of the area of the predevelopment site has existing native plants or adapted plants, a minimum of 20 percent of the area of native plants or adapted plants shall be retained.
          2. Where 20 percent or less of the area of the predevelopment site has existing native plants or adapted plants, a minimum of 20 percent of the site shall be developed or retained as vegetated area. Such vegetated areas include bioretention facilities, rain gardens, filter strips, grass swales, vegetated level spreaders, constructed wetlands, planters, and open space with plantings minimum of 60 percent of such vegetated area shall consist of biodiverse planting of native plants and/or adapted plants other than turfgrass.
  5. 6. WATER USE EFFICIENCY
    1. 6.3 Mandatory Provisions.
      1. 6.3.1 Site Water Use Reduction.
        Strike Section 6.3.1.3 of ASHRAE 189.1 in its entirety and insert new Section 6.3.1.3 in its place to read as follows:
        1. 6.3.1.3 Controls. Any irrigation system for the project site shall be controlled by a qualifying smart controller that uses either ET and weather data or soil moisture readings to adjust irrigation schedules and an on-site rain or moisture sensor that automatically shuts the system off after a predetermined amount of rainfall or sensed moisture in the soil. Qualifying smart controllers shall meet the minimum requirements as listed below when tested in accordance with IA SWAT Climatological Based Controllers 8th Draft Testing Protocol or IA SWAT Soil Moisture Sensor-Based Controllers: Laboratory and Operational Tests Version 3.0. Smart controllers that use ET or soil moisture shall use the following inputs for calculating appropriate irrigation amounts:
          1. Irrigation adequacy—80% minimum ETc.
          2. Irrigation excess—not to exceed 10%.
      2. 6.3.2 Building Water Use Reduction.
        Strike Section 6.3.2, Subsection i. of ASHRAE 189.1 in its entirety without substitution.
        1. 6.3.2.3 HVAC Systems and Equipment.
          Strike Section 6.3.2.3, Subsection c. of ASHRAE 189.1 in its entirety without substitution.
    2. 6.4 Prescriptive Option.
      Strike Section 6.4.1 (Site Water Use Reduction) of ASHRAE 189.1 in its entirety without substitution.

      Strike Section 6.4.2.3 (Medical and Laboratory Facilities) of ASHRAE 189.1 in its entirety without substitution.
  6. 7. ENERGY EFFICIENCY
    1. 7.3 Mandatory Provisions.
      Strike Section 7.3.2 (On-Site Renewable Energy Systems) of ASHRAE 189.1 in its entirety without substitution.
    2. 7.4 Prescriptive Option.
      Strike Section 7.4.1.1 (On-Site Renewable Energy Systems) of ASHRAE 189.1 in its entirety without substitution.

      Strike 7.4.3.3 (Economizers) of ASHRAE 189.1 in its entirety without substitution.

      Strike Section 7.5 (Performance Option) of ASHRAE 189.1 in its entirety and insert new Section 7.5 in its place to read as follows:
    3. 7.5 Performance Option.
      1. 7.5.1 General Comprehensive Performance Requirements. Projects shall comply with Section 7.5.2.
      2. 7.5.2 Annual Energy Cost. The building project shall have an annual energy cost less than or equal to that achieved by compliance with Sections 7.3 and 7.4, and Sections 5.3.2.2, 5.3.2.3, 6.3.2, 6.4.2, 8.3.1, 8.3.4, and 8.4.1. Comparisons shall be made using Normative Appendix D.
  7. 8. INDOOR ENVIRONMENTAL QUALITY (IEQ)
    1. 8.3 Mandatory Provisions.
      Strike Section 8.3.2 (Thermal Environmental Conditions for Human Occupancy) of ASHRAE 189.1 in its entirety and without substitution.
  8. 9. THE BUILDING'S IMPACT ON THE ATMOSPHERE, MATERIALS, AND RESOURCES
    1. 9.3 Mandatory Provisions.
      Strike Section 9.3.4 (Storage and Collection of Recyclables and Discarded Goods) of ASHRAE 189.1 in its entirety without substitution.
  9. 10. CONSTRUCTION AND PLANS FOR OPERATION
    Strike Section 10.1 (Scope) of ASHRAE 189.1 in its entirety and insert new Section 10.1 in its place to read as follows:
    1. 10.1 Scope. This section specifies requirements for construction and plans for operation, including the commissioning process, building acceptance testing, measurement and verification, energy use reporting, durability, transportation management, erosion and sediment control, construction, and indoor air quality during construction. Commissioning documents shall be available to the code official upon request.
    2. 10.3 Mandatory Provisions.
      Strike Section 10.3.1.1.1 (Activities Prior to Building Permit) of ASHRAE 189.1 in its entirety without substitution.

      Strike Section 10.3.1.2 (Building Project Commissioning) of ASHRAE 189.1 in its entirety and insert new Section 10.3.1.2 in its place to read as follows:
        1. 10.3.1.2 Building Project Commissioning. Commissioning shall be performed in accordance with this section using generally accepted engineering standards and handbooks acceptable to the AHJ. Buildings undergoing the commissioning process will be deemed to comply with the requirements of Section 10.3.1.1, "Building Acceptance Testing." A commissioning process shall be incorporated into the predesign, design, construction, and first year occupancy of the building project that verifies that the delivered building and its components, assemblies, and systems comply with the documented OPR. Procedures, documentation, tools, and training shall be provided to the building operating staff to sustain features of the building assemblies and systems for the service life of the building. This material shall be assembled and organized into a systems manual that provides necessary information to the building operating staff to operate and maintain all commissioned systems identified within the building project.

          Strike Section 10.3.1.2.1 (Activities Prior to Building Permit) of ASHRAE 189.1 in its entirety without substitution.

          Strike Section 10.3.1.2.3 (Post-Occupancy Activities) of ASHRAE 189.1 in its entirety without substitution.

          Strike Section 10.3.1.3 (Erosion and Sediment Control (ESC)) of ASHRAE 189.1 in its entirety without substitution.

          Strike Section 10.3.2 (Plans for Operation) of ASHRAE 189.1 in its entirety and insert new Section 10.3.2 in its place to read as follows:
      1. 10.3.2 Preliminary Commissioning Report. Prior to the final inspection, the Preliminary Commissioning Report shall be provided to the owner. A copy of the report shall be made available to the code official upon request.

        Insert new Section 10.3.3 in ASHRAE 189.1 to read as follows:
      2. 10.3.3 Final Commissioning Report Requirement. A Final Commissioning Report shall be provided to the owner within 180 days after the date of issuance of the first certificate of occupancy for occupiable space in a story above grade plane, and a copy shall be made available to the code official upon request.
  10. 11. NORMATIVE REFERENCES
    Under subheading "Irrigation Association (IA)" in Section 11 of ASHRAE 189.1, strike the SWAT reference in its entirety, and insert the following new references in its place under subheading "Irrigation Association (IA)" in Section 11 of ASHRAE 189.1 to read as follows:

    Irrigation Association (IA)
    6450 Arlington Boulevard
    Falls Church, VA 22042-6638
    1-703-536-7080
    www.irrigation.org
       
    REFERENCE TITLE SECTION
    Smart Water Application Technologies
    (SWAT)
    Soil Moisture Sensor-Based Controllers:
    Laboratory and Operational Tests Version 3.0, August 2011
    Smart Water Application Technologies
    (SWAT)
    ,Turfgrass and Landscape Irrigation System
    Smart Controllers
    Soil Moisture Sensor-Based Controllers
    6.3.1.3
    Smart Water Application Technologies
    (SWAT)
    Climatological Based Controllers
    8th Draft Testing Protocol,September 2008
    Smart Water Application Technologies
    (SWAT)
    ,Turf and Landscape Irrigation Equipment
    Climatologically Based Controllers
    6.3.1.3
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