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Agenda 03-22-11 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, March 22, 2011 TIME: 6:30 P.M. PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK’S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ___________________________________________ __________________________ _____________ 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from January 25, 2011 meeting 5. Communications and Announcements: Report from Planning and Zoning Director 6. Old Business: None 7. New Business: st Alley Abandonment Between West Ocean Avenue and SW 1 Avenue (ABAN 11- A.1. 002 ) – Approve abandonment of 18.2-foot wide alley (ABAN 11-002) located between st West Ocean Avenue and SW 1 Avenue, and extending to Seacrest Boulevard from nd SW 2 Street. Applicant: City initiated. 8. Other 9. Comments by members 10. Adjournment C:\Documents and Settings\pylej\Local Settings\Temporary Internet Files\OLKAB\03-22-11.doc CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, March 22, 2011 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from January 25, 2011 meeting 5. Communications and Announcements: Report from Planning and Zoning Director 6. Old Business: A.1.Allev Abandonment Between West Ocean Avenue and SW 1 5t Avenue CABAN 11- 002) - Approve abandonment of 18.2-foot wide alley (ABAN 11-002) located between West Ocean Avenue and SW 15t Avenue, and extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. [Item was originally heard on January 25, 2011 and returns to the Board with new information, including a revised staff recommendation for consideration.] 7. New Business: A.1. Green Buildina Proaram - Approve implementation of a voluntary "green" building program, including procedures and incentives, intended to promote green building practices into development projects including application to city buildings and facilitating the monitoring and reporting of municipal performance, as recommended by the Community Action Plan (CAP). Applicant: City initiated. 8. Other 9. Comments by members 10. Adjournment S:IPlanninglPlanning & Development BoardlAgenda5 - 2011 I03-22-11.doc MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JANUARY 25,2011, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Matthew Barnes, Vice Chair Leah Foertsch Sharon Grcevic Candace Killian Warren Timm Ed Breese, Principal Planner Jamila Alexander, Assistant City Attorney Chair Saberson called the meeting to order at 6:30 P.M. 1. Pledge of Allegiance Mr. Timm led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Motion Ms. Killian moved to approve the agenda. Mr. Timm seconded the motion that unanimously passed. 4. Approval of Minutes from December 28, 2010 meeting Motion Ms. Grcevic moved to approve the minutes as presented. Ms. Killian seconded the motion that unanimously passed. 5. Communications and Announcements: Report from Planning and Zoning Director Ed Breese, Principal Planner, reported on the outcome of the items reviewed by the City Commission subsequent to the Board's review: 1 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 ~ The easement abandonment at the Peninsula project was approved. y The Dry Cleaner at Boynton Village and Town Center was tabled due to the applicant not being present for the hearing Chair Saberson inquired about the Slomin Family Center, Mr, Breese reported that item was approved. 6. Old Business None 7. New Business: Attorney Alexander administered the oath to all who would be testifying. A.1.Allev Abandonment Between Ocean Ave. and SW 1st Ave. (ABAN 11- 002) - Approve abandonment of 18.2-foot wide alley (ABAN 11-002) located between Ocean Avenue and SW 1 st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. Kathleen Zeitler, Planner, located the site. The alley is an 18.2 foot-wide strip of land located to the rear of 22 residential lots on the south side of lots fronting on W. Ocean Avenue and north of lots fronting on SW 1 st Avenue. She presented the request as contained in the staff report. The plat, which is old, reflects the area to be abandoned is to the rear of lots and blocks 11 and 12 of the plat of Boynton Heights. A 50-foot segment was abandoned in 1999. If abandoned, the alley would be equally divided between property owners and added to each adjacent property owner's lot. The request is a city- initiated abandonment, led by City Engineer, David Kelley. Staff analyzed the abandonment and supports it because they cannot identify any public purpose for the alley right-of-way. Continued City ownership results in continued responsibility and liability for the property. No objections were received from the utility companies provided a utility easement is dedicated. Ingress and egress easements, equal in width to the existing alley, is proposed from SW 2nd Street to an existing residence located to the rear of 222 W. Ocean Avenue Staff recommended approval from the Engineering Department with one condition: that being the alley abandonment is contingent upon retaining the full width for a utility easement for all land area abandonment and as an ingress/egress easement only from SW 2nd Street to an existing residence to the rear of 222 W, Ocean Avenue. David Kelley, City Engineer, explained the Department of Public Works is in the process of eliminating all existing alleys in the town. There are 47 more to go. All of the alleys were created between 1920 to 1940 in the original Heart of Boynton. central area, to be used for 2 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 commercial deliveries and servicing. Most were never improved or built. The subject property has three franchises in it plus City water, which is the reason for turning them over as utility easements. The Department of Public Works cannot service, maintain, support or build them. They are being eliminated so the franchises that service the area can gain access. This is the first request. The alleyways contain mostly grass, weeds, and items that were abandoned. Most alleys are inaccessible because the City cannot maintain them. If converted to utility easements, the franchises can maintain and service their respective utilities. The land will convert to the adjacent property owners. Some individuals requested abandonments in the past in other applications. Doing so, would allow the property owner to build. Since the land is also coming off the public tax roles, it will be added to private tax roles. Vice Chair Barnes inquired about fences. Mr. Kelley responded some property owners assumed they owned the alley and installed fences back to the alleyway midline. Others had fences that stopped at their property line. Chair Saberson opened the floor to public comments Jerry Beatrice, 225 SW 1st Avenue, inquired about the ingress and egress. He was concerned about a cottage that was being rented on the lot owned by his neighbor to the side of him. There was also a house situated on the lot along with the cottage. The renter would come from 2nd Avenue to the alley and go to the back of the property to access the cottage. He asked if the main access to the cottage was on the nine feet of the property that would be his and his concern was about the liability and maintenance and if they were responsible to maintain it for someone else to use. The alley shellrock ended and then was unimproved. Vice Chair Barnes explained the easement will be recorded showing he has the right to use the alley. Mr. Beatrice did not see why they should maintain something for another persons use and from an insurance perspective, he inquired if they were liable. It was explained Mr. Beatrice could deed his 9 feet to the adjacent property owner and not assume any liability. Attorney Alexander explained, generally, if there is some type of issue that arises with the property, as the property owner, he would be liable for the property. Technically, a property owner cannot be sued by a neighbor for not maintaining the property just because it is overgrown. That would not be a cause of action by a neighbor. It would vary based on the specific facts of the case. She commented she has never seen where a neighbor could sue for not cutting the grass although it could be a violation and as the property owner, he would be responsible to address it. If Mr. Beatrice did not want to be responsible, he may want to deed the property over to the other property owner. He inquired if he could stop its use as an egress/ingress easement. Attorney Alexander explained if the alley was the only way to access the property, once the easement is recorded, there would be no way to stop the neighbor from using the property. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 Vice Chair Barnes commented if there are existing fences and walls on the property was in direct conflict with the ingress/egress portion of the alleyway. It was noted the issue only pertained to a portion of the alley. Cindy Vandeventer, 115 S. Seacrest, was sworn in and she stated she owns property across from the Library. She testified she owns the alley and it was deeded to her property. The alley goes through her property and is fenced in. She did not know if she was exempt. Mr. Kelley responded if she had a deed that someone sold them the alley, then it was between her and the former owner. Ms. Vandeventer commented she owns the two lots. Her property abuts the alleyway and it continues through the property. There was a fence on the backside. Mr. Kelley explained nothing will change for her. The City is going to release and abandon the dedication of the alley as an alley, which typically results in half the property going to the property o'vvners abutting the north and south side of it. The abandonment of this alley is subject to the easement for the benefit of the utility companies who use it as a utility crossing The three utility companies are FPL, Comcast and Water Department. Vice Chair Barnes explained the action only abandons the alley and records it in the public records. It does not deed the property to her. Chair Saberson closed the Public Hearing. Chair Saberson commented on Mr. Beatrice's issue and suggested he take it up at the City Commission level and see if it could be more satisfactorily resolved and lor talk to the neighbor. Motion Vice Chair Barnes moved to approve the alleyway abandonment item number 7.A.1 on tonight's agenda subject to all staff conditions and comments. Mr. Timm seconded the motion. The motion passed unanimously. B.1 Ocean Avenue Zoning Overlay ICDRV 11-001) - Approve the creation of a zoning overlay (CDRV 11-001) for the general vicinity of Ocean Avenue, between the FEC Railroad and Seacrest Boulevard, modifying the Land Development Regulations by establishing revised development standards and uses consistent with, and implementing the vision contained within the Downtown Master Plan. Applicant: City initiated. Mr. Breese reviewed staff was working with the CRA to develop appropriate uses and 4 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 regulations for the downtown master plan and support the CRA initiatives The concept is to create a public art and cultural corridor between the Marina, waterway activities on the east end of Ocean Avenue, and civic and cultural activities on the west end. The plan includes an adaptive reuse of existing buildings and the relocation of historic structures on vacant parcels on Ocean Avenue to create mixed uses on the street. The goal is to create a sense of place with small shops and restaurants, arts related business, and residential uses that would all add a pedestrian scale and contribute to its pedestrian-friendly nature. Staff reviewed the existing zoning of the property and concluded the zoning in place is not conducive to the type of development in the downtown master plan. The long-range vision is a mixed-use low 1 designation which does not accommodate smaller lots that front on Ocean Avenue. They are geared to the assembly of lots in order to create larger projects. The CRA owns some residential structures on the Avenue and has advertised to businesses to occupy the spaces. The regulations, as proposed, would assist in making the adaptive reuse of the structures possible. Currently, they could only be used for residential purposes. Staff created an overlay area, starting on the FEC railway on the east side of Ocean Avenue at the center, SE 1 st on the south side. On the west side was Sea crest Boulevard, and on the north side, for the most part, was NE 1 st Avenue and Boynton Beach Boulevard. Staff was careful to ensure existing structures would not become non-conforming in the overlay zone. The regulations are sensitive to the existing historic structures that may be moved into the overlay zone in the future. Staff recommended the amendments to the LOR to create the Ocean Avenue overlay zone and further the goals of the downtown master plan be approved. The backup information had much detail about potential uses and other aspects. Mr. Timm inquired if the Old High School was included in the tract. Mr. Breese responded it was and the regulations would apply to that building. Vice Chair Barnes inquired about the side interior setback contained in the Development Standards section. He thought many successful low-scale downtowns have buildings that do not have any side setbacks and the buildings touch one another. He inquired if it would be appropriate for this district. Mr. Breese responded staff was looking at an interim step before mixed-use low 1 is appropriate for the area. Staff was dealing mostly with 50-foot lots and mostly a built environment. There are a few vacant lots but they were intended to be for inclusion of the more historic structures to be moved in. Mr. Breese agreed buildings physically touching one another in a downtown makes a lot of sense, but the built environment that currently exists does not accommodate it right now. Vice Chair Barnes also inquired about the density and if they needed to put a cap on it. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 The area was already in the Transportation Concurrency Exception Area. The density would limit itself. Mr. Breese explained staff was trying to keep in touch with what already exists. The dwelling units per acre should be 11. Staff was not rendering any structures or uses as non-conforming in the downtown area. Chair Saberson inquired if the City Attorney's office approved they way staff is addressing non-conforming uses. Attorney Alexander expressed she felt someone in the office reviewed it and it will be reviewed again by the City Commission. Chair Saberson felt, on page three, it was a blanket statement that no one would be non-confirming. Mr. Breese explained staff typically does not do it, but it is such a small area and limited zone, staff felt it was appropriate to change it in the requested fashion. Mr. Timm again inquired if the Old High School could be restored or if the regulations would prevent the restoration. Mr. Breese responded it would not prevent it at all. Chair Saberson opened the floor to the public. No one coming forward, the Public Hearing was closed. Motion Vice Chair Barnes moved to approve the Ocean Avenue Zoning Overlay. Ms. Grcevic seconded the motion that passed unanimously. 8. Other None. 9. Comments by members None. 10. Adjournment Motion Mr. Timm moved to adjourn. Vice Chair Barnes seconded the motion that unanimously passed. The meeting adjourned at 7:07 p.m. ("j Ct::fJu.j . I, ,,~'.n (0" 'lQl . ''; ,I '/LI./' " ! ~A~- ..- -- _"/v If Catherine Cherry (j Recording Secretary 020511 6 OLD BUSINESS 6.A.1 ALLEY ABANDONMENT BETWEEN WEST OCEAN AVENUE and SW 1ST AVENUE (ABAN 11-002) ABANDONMENT DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11 ~07 TO: Chair and Members Planning and Develo" pmeSnt Board l' )U Michael W. RumPf~ - . Planning and Zoning Director THRU: FROM: Kathleen Zeitler :, ~ Planner II . DATE: March 10, 2011 SUBJECT: 2ND REVIEW - Abandonment of 18.2 foot wide alley (ABAN 11-002) located between West Ocean Avenue and SW 15t Avenue, and extending to Seacrest Boulevard from SW 2nd Street. City initiated. This agenda item was before the Board on January 25, 2011. You will recall that Staff recommended approval with one (1) condition, that the abandonment be contin~ent upon retaining the full width as a utility easement, and as an ingress/egress easement only from SW 2n Street to an accessory unit located two (2) lots east at the rear of 222 West Ocean Avenue. An adjacent property owner spoke about liability and maintenance concerns regarding the ingress/egress easement. The Board voted unanimously to approve the alleyway abandonment subject to the staff condition. The issue of liability and maintenance remained unresolved at the time the item was to be placed on the February 15, 2011 City Commission agenda, and it was observed that there is front access from West Ocean Avenue to the accessory dwelling unit. Staff requested that the item be tabled to allow sufficient time to investigate and resolve issues related to the access easement. Staff notified affected property owners and met with them to clarify the issues, and discuss needs and preferences. To date, staff has been contacted by the most affected property owners except the owner of the property with the accessory unit. Therefore, given that the unimproved alley is only being used by one (1) resident (renter of accessory unit), and that conventional access is possible through the front via West Ocean Avenue, staff's original recommended condition of approval has been modified to omit the access easement provision, leaving only the requirement for a utility easement. The two (2) month tabling was intended to allow the item to return to the Board for consideration of the item with the new information collected and revised condition of approval. First and second readings are scheduled for City Commission on April 19th and May 3rd, respectively. The remainder of this report is a modified version of the original staff report, updated to only indicate on page #2 the new information regarding the necessity for the access easement, and the corresponding change to the condition of approval. NATURE OF REQUEST Mr. H. David Kelley, Jr., PE/PSM, City Engineer, as agentforthe property owner (City of Boynton Beach), is requesting abandonment of an alley right-of-way located between West Ocean Avenue and SW 1 st Avenue, and extending westward from Sea crest Boulevard to SW 2nd Street (see Exhibit "A" - Location Map). The subject property is described as an unimproved alley located south of lots fronting on West Ocean Avenue and north of lots fronting on SW 1stAvenue (see Exhibit "B", Blocks 11-12, Boynton Heights), less a 50 foot segment abandoned in 1999 (Ord 99-04). This alley is represented by an 18.2-foot wide strip of land to the rear of 22 residential lots. The 18.2-foot wide strip was intended to be an alley right-of-way but was never improved, or used as an alley (except for the westernmost 200 feet). Utilities exist upon the subject property which, in conjunction with the abandonment, would become a dedicated utility easement. Page 2 Memorandum No. PZ 11-D(I! ABAN 11-002 The following is a description of the zoning districts of the properties that surround the subject property to be abandoned: North - Single-family residential lots zoned Single-family Residential (R1-A), and farther north is West Ocean Avenue right-of-way; South - Single- and Two-family residential lots zoned Duplex Residential (R-2), and farther south is SW 1 st Avenue right-of-way; East South Seacrest Boulevard right-of-way; and farther east is the City Library zoned Recreation (REC); and, West SW 2nd Street right-of-way, and farther west are single-family residential lots zoned R 1-A. BACKGROUND In November of 1924 the plat of Boynton Heights was recorded (see Exhibit "C"). The plat included several alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion whenever abandoned by the public or discontinued by law. The subject property is indicated on the plat as an open public area, separate from the adjacent lots. Although the subject property was never used or improved as an alley as intended by the recorded plat, the property was dedicated to the public as a right-of-way and is under the control and jurisdiction of the City Commission. The city-initiated application states the following grounds and reasons for the requested abandonment: (1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-way; (2) continued City ownership suggests continued responsibility and associated liability; and, (3) staff believes this area will best serve adjacent residents through private ownership. Staff recommends that the City designate the property as a utility easement and continue to provide utility services to the rear of these lots. If abandoned, the subject property will be equally divided and reverted to each adjacent property owner as land to be added to their lot. A utility easement equivalent in width to the existing alley is proposed on the subject property. An ingress/egress easement, approximately 200 feet in length as measured from SW 2nd Street eastward, was previously proposed to provide continued access from the subject alley for an accessory unit located in the rear yard of 222 West Ocean Avenue. However, direct vehicular access from West Ocean Avenue is available to 222 West Ocean Avenue. In addition, all other adjacent property owners that would be affected by the access easement oppose continued access across their property (newly acquired land from abandoned alley). Therefore, staff reconsidered the necessity of the access easement and rear access to 222 West Ocean Avenue, and revised the recommended condition of approval to exclude an ingress/egress easement (see Exhibit "D" - Revised Conditions of Approval). ANAL YSIS Pursuant to Chapter 22, Article IV, Section 4, public notice was given, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTSIDIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection with easement No objection with easement No objection with easement Page 3 Memorandum No. PZ 11-007 ABAN 11-002 PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Comcast) No objection with easement No response No objection with easement No objection with easement RECOMMENDATION Staff recommends that the request to abandon the alley as described above be approved based on the finding that the alley provides no public purpose, and all existing utilities within the subject property would remain within a dedicated utility easement. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\PlanningISHAREDlWPIPROJECTSIOcean Ave & SW 1st St ABAN (City Initiated)IRevised Staff Report for 032211.doc EXHIBIT ..A.. - SITE LOCATION MAP OCEAN AVE & SW 1 ST AVE (ABAN 11-002) BO-YJ]1QnBre_ach.Bt~d C-2 NW tstAvfF . +-' ...... R-1A (j) (j) "'0 ...... C/) C T'"" N S I. s (j) (j) W Ocean Ave SITE 150 75 0 ~-- 150 300 450 "- 600 ~ 'Feet W~~"'E EXHIBIT "B" BO BOYNTON 9EACH BOULEV ARD I BLOCK 4 B YNTON HjEIGH S (REV. P T) PB.10 P 54 ~ NQBTH WE.S1 1ST, AVENUf:_ rn ~ rn []]1[TI0i., 400' UMIT OF -- --- -~-1-1T- BOCK! I I , i I' i l L2J B. OCK EY .... ... [D] [2] ~ B] , .. .-{-.. ..._._._..._-_.__._~.- ! -/--.-------.--..--- ,- ~ ~ ~ I I I BOCK 10 BOY ~ GHT (REV, P ) PB.l0 PG. 'I- ow w In:: II- KIl o 12:' ~, l i t-] l/l ~. ~ iO Iff> \ \ ~ 451 ~ \ !@\ ~ ~ , Ii i I SCALE: 1" =200' I I, BOYNTON CNTR. i q PB.6 PG.12 I '. I ."----1 ___.N.QRTtL EAST! [E 'I I ~ ! _~Q.T1EI~~TJQ~___________1 I SA~;~~';:~oi 1-... i~ B.1PG68 BLOCK 8 ,...., ~ BOYNTON HEIGHTS i (REV P T) i, ~ PB.l0P.54 jl. \' " !@ \ ~ ~ ~ ~ ~ \ , \ [@~~ WEST OCEAN AVENUE . >- '\LL.J lW l!::. IVl ~ ~--------.- '71 ~I:' ~ ; BLOCK 6 ~ IlOYNT. HEIGH PB,f5 PG.5 21 I ~~ ~ @Zj 1.-' IUl' / , ~ ~ ~ ~ ...-SO.LLtR::WEsL ~ ~ ~ rg ~ 1 a.2' ALLEY rr ~BANDONE ~I~ BLOCK 16 !BJ E] BOYNTON HEIGH S (REV. PLAT) PB.lO PG, 54 @] --- -- ~I~ --- -~-T- ~ @3J ~ ! EAST OCEAN 1 ! o n:::1 <(' >1 W '\ j9il .....J --..J 6 BLOCf< 15 m \ SA~:~~:. 6:00 I .....1 If) I i W I' n::: I I ! u 1\ ~ I I <J: I I Wi / If):' BLQ,ef< 16 l'ISAWY-ER'S ADD , r ,.. 15B' PG 6" , I ,... .... I .... II 1\ -,I I ----- .. '--L- A-K- E.. li~_-.~'o~-~~~-JJ_ ~~. ~ ~ \'.~ z .~ 'I~'~__ ~ ",I : I -4- ~: I i~--;~ 1~ 1 fl~l ~ 1,- ~.~~ '< B n , li.~__~~~ if'______,~_~~ \:~~~;II~ Ie ,. i~_~~:~4.f~ t-: i!:--..-~0 IJ ,.-----'1 '~--...; 'UJ 1\:\-sHP nI r"t-~ LL L~!~ r- I;~; ": ~ (f) r 1C1/J7').z 1.\ ,~'-' r' !t~~ i--~~JI : j~---'-~51 I L-9~~ li~~=i~! G l' " ~ ~ Ie"".. , I'" ,-, 1.--- ~~:::J 1:_ .."- -- i :'--'---~--' --;:~ j~ ----.-- i~ --~1~ /Ia~,,,,,: ,- -~-~--~ l':~=_~=~ !: -~-_~,..,.lr'J ~ !:~~~.,~(' I;' I' ___L___________.__ OCEAN .J -1 LaJ ~ 0.. " I '-I I ! ' -I .. T " ] A I ~I '0 ,I' ~l ~ ,~~ ~ ~ I ~ II " I) ... ~ 16 17 Ie c--~l- , . ! i , :j , ?I 2:1~ . , ~ " ::1., 1;-... ~! u. ,,28 29 'eo !II, Jlz ,: -: .~~: ,- !~ -'~ ~,'e ?5 ' - .1-, '. , " EXHIBIT ~' '~ \0 'p k "i tt LU Lt $ - " AVE. z: :' O~, en z: I.LJ '7 al I)~r,"",,:-'~-;-----l "- LU UJ ~ lD 1 ", , : . 1 -, I I '.' ~ IT'''':,. T' ,'1I"r+.jr*t+ , mt:==~--= .' - " I... i < I, 1- i " I ..I '0 I " i "1",1,. i "i '''i:.--'~__m ]~ :~+J~l,;tL-=~-=~1 1 ii'; : i i i I j ;i~=i~===1 ":"I-..j" !!}!-" ,'<1-',' '6!37!-'1-"!4~"'!4H'!' ,,,,I ''''f'C - Ld.. '" , 1 '" ~~;:-:~-;;----1.:J .- r C EXHIBIT "0" Revised Conditions of AQProval Project name: Ocean Ave and SW 1st Ave Abandonment File number: ABAN 11-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None PUBLIC WORKS - Forestry & Grounds Comments: None PUBLIC WORKS- Traffic Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None RECREATION AND PARKS Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: Revised Conditions of Approval Ocean Ave & SW 1st Ave ABAN ! 1 DEPARTMENTS I INCLUDE REJECT \ 1. Alley abandonment is contingent upon retaining the full width (18.2 I I feet) as a utility easement for all land area abandoned ! I -= ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS _._-_._-_.__.._~-----------_._----~-- --..--..---- Comments: -,---~,--~'-~"--- -- .-----...----...- i To be determined. I ! ADDITIONAL CITY COMMISSION CONDITIONS Comments: _ _ _ ---. -.-...--- .---- ---.-.-,-,-------..--.--,.- ,--- ...~. To be determined. i i S:\Planning\SHARED\WP\PROJEcTSIOcean Ave & SW 1st Ave ABAN (City Initiated)IREVISED cOA FOR 032211.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean Ave & SW 1st Ave Alley Abandonment between Sea crest Blvd and SW 2nd St (ABAN 11-002) (City Initiated) APPLICANT'S AGENT: Mr. H. David Kelley, Jr., PE/PSM, City Engineer APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 19, 2011 (1st Reading) and May 3, 2011 (2nd Reading) TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as a utility easement. LOCATION OF PROPERTY: Alley Between W Ocean Ave and SW 1 st Avenue and between Seacrest Ave and SW 2nd Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:IPlanningISHAREDlWPIPROJEcTSIOcean Ave and SW 15t Ave ABAN 11-002IREVISED DO FOR 032211.doc NEW BUSINESS 7.A.1 GREEN BUILDING PROGRAM EXHIBIT" A" 1 2 3 ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III - LAND DEVELOPMENT REGULATIONS, CHAPTER 2- LAND DEVELOPMENT PROCESSES, ARTICLE I OVERVIEW AND ARTICLE VI IMPACT AND SELECTED FEES; TO CREATE PROVISIONS FOR A VOLUNTARY GREEN BUILDING PROGRAM FOR THE CITY OF BOYNTON BEACH. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the City Commission of Boynton Beach has determined and approved through the adoption of the City of Boynton Beach Climate Action Plan, that it would be advantageous and beneficial to the citizens ofthe City of Boynton Beach (the "City") to create procedures and incentives for the implementation of green building program; and WHEREAS, buildings within the City consumed 461 percent of total energy used in 2006, and commercial buildings constituted 21 percent of that total; and WHEREAS, the amount of salvageable structural lumber disposed of annually in the U.S. is approximately one billion board feet2; and WHEREAS, the average per person use of publicly supplied water in Boynton Beach is 114 gallons per day with an additional 18 gallons per day in commercial use or 48,180 total gallons per year; and " _0 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, the City Commission has determined that it is in the best interest ofthe citizens of the City to promote energy efficiency, water conservation, and the responsible use of resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA that: CHAPTER 2, ARTICLE I OVERVIEW: Section 5. Green Buildin2 Pro2ram. De'lelopmoot Orders. A. Purpose and Intent. The Green Building Program establishes procedures and incentives for the implementation of green building standards. The program is intended to encourage the incorporation of green building practices into development proiects. The program may be applied to any development within the City. including redevelopment proiects and government initiated development proiects. submitted for City review. B. Government Leadership. To demonstrate the City's commitment to a green building program. The City shall comply with the green building program established ] City of Boynton Beach, Greenhouse Gas Emissions Inventory 2 Green Sustainable Growth Symposium, Lake County, Florida J herein for all government buildings pursuant to SectIOn 25~,~~7;;(2-1JJ.9ric!~:L~1atut0, and .-. -' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1. Track and report the Citv's annual water and energv use: and 2. Publish an annual report that outlines the Citv's energv and water use performance for the prior vear and outline methodologies for potential reductions in keeping with the approved Climate Action Plan initiatives. C. Scope and Applicabilitv. This program applies to all lands private and public within the City and the City-owned wellfields. The scope of its application shall be for development approvals and building permits submitted for the voluntary green building program. Such plans and approvals shall be reviewed for compliance with the appropriate parts of the adopted City's Comprehensive Plan and the land development regulations in addition to the requirements of the Green Building Prowam. D Incentives. The City shall provide the following incentives to encourage the use of this program and are hereby authorized: 1. Expedited Permittin2. F or any voluntary program participants. the City shall provide expedited review in accordance with Section 4 above as approved in ordinance 09-024. All such applications for expedited review shall be accompanied by the appropriate forms. evidence of a completed green building certification application according to the requirements ofthe certifying entity, and proof of payment of the application fee required to process th application for certification. A City staff member shall be designated as proiect manager and shall work in close contact with the applicant and certifying agent. The proiect manager shall oversee the expedited review of the proiect once formal plans have been prepared and submitted to the Citv. 31 '-'7 -.,~ 33 2. Fees and Tax Abatement. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ~ Purpose and Intent. Within 180 davs of the effective date of this program. the City shall establish an incentive program to promote early adoption of green building practices by applicants for new site plans and building construction permits for buildings regulated bv this code. The incentive program shall be funded by funds deposited in the Green Building Fund, subiect to the availabilitv of funds. As part ofthe incentive program, the City and / or the Boynton Beach Communitv Redevelopment Agency shall establish a property tax incentive along with the Green Building Fee incentive for Qualifying Green Building Program Proi ects. and mav provide grant funding to help defray the costs associated with the early adoption of the Green Building Program. Property Tax incentives shall be incorporated into a Developers Aweement pursuant to the requirements ofthe Green Building Program. b. Green Buildin2 Fund. There is established a fun designated as the Green Building Program Fund, herein referred to as 1 2 i "Fund," separate from the General Fund of the City of Bovnton Beach. All additional monies obtained in connection with the Green Building Fee (subparagraph "c" below) shall be deposited in to the Fund without regard to fiscal year limitations and used solely to pay the cost of operating and maintaining the Fund for the purposes contained in this subsection. All funds, interest and other amounts deposited into the Fund shall not be transferred or revert to the General Fund of the City at the end of any fiscal year or at any other time, but shall continually be available for the uses and purposes set forth in this section. The Fund shall be used as follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ill Staffing and operating costs to provide technical assistance, plan review, and inspections and monitoring of green buildings achieving certification through the Green Building Program. ill Education, training and outreach to the public and private sectors on green building practices; and ill Incentive funding for public and private buildings as provided herein. k6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~6 ill Incentive funding for energy efficiency and water conservation efforts in City owned facilities pursuant to the City's GHGE reduction goal adopted in the Climate Action Plan. f:. Green Buildin2 Fee. A Green Building Fee. herein referred to as "Fee" is established to fund the implementation of this program and the Fund. Upon the effective date of this ordinance. the Fee shall be established by increasing the building construction permit fees in effect at the time in accordance with the following: All building permits - an additional fee of $.0.00011 based on permit valuation. 3. Si2na2e. The City shall allow the following bonuses to the currently allowed signage regulations: !: One (1 ) additional temporary construction sign may be installed that notes that "This proiect is a City of Bovnton Beach Green Building Proiect by rCompany Namel." This additional temporary construction sign must meet the standard dimensional requirements as set forth in Chapter 4. Article IV. Section 4.B.3. 48 b. The notation "City of Boynton Beach Green Building Proiect" may be added on the proiect entry monument signage. The additional sign area to include the City approved notation letters and logo shall be a maximum of four (4)-inches high by 42-inches wide. Additional sign 3 ..., area greater than that allowed bv the land development regulatl<mi:> shall be permitted for this notation onh. " -) 4 4. Marketin2:. For any program participant, the City shall provide the following marketing incentives, including but not limited to: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 "j -)~ 33 34 35 a. The inclusion of pro gram participants on a webpage dedicated to the program: b. The creation of promotional documents such as a program logo for a participant's advertisements or brochures: and c. Press releases. 5. Green Buildin2 Award. For the purpose of publicly recognizing outstanding commitment to the green building. the program shall provide for an award called the "Citv of Boynton Beach Green Building A ward" to be awarded annually by the City to one program participant obtaining the most elective points and greatest annual energy. E. Certification Verification. The applicant shall provide documentation to the City verifying the authenticity of a project's green certification as outlined in the Green Building Program. The program shall be subject to certification by a gualified third ~ F. Education and Trainin2:. The City. in conjunction with the ICC. FGBC. USGBC. GBI or other state or nationally recognized high-performance green building rating system. may conduct training workshops for the purpose of educating potential or current program participants about the program. 1. The City will attempt to make available a meeting space at a government facility for green building programs offered by organizations that are of a general nature (not product specific). Organizations shall contact the facilitv's staff to make arrangements. 37 2. Development Department staff shall be encouraged to attend at least eight (8) hours of green building training annually. 36 38 39 40 41 42 43 44 45 46 47 The City Clerk or designee 'Nill record specific action by the /.dvisory Board and City Commission with respect to each staff comment or recommendation. The City Clerk shall also sign and v/itness the completed record ofthe proceedings which then becomes the official and final de','elopment order. For the purpose ofthc issuance of development orders and permits. the City of Boynton Beach has adopted h~','el of service standards for public facilities aRd services \yhich include roads. sanitary SC'Ner, solid waste, drainage, potable water. and parks and recreation. -4 1 2 ~ Compliance v/ith levels of service as stated in the Boynton Beach Comprehensive Plan is required. See Chapter 1, .Artiole VI for additional regulations regarding the eOFle-urroocy management system. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 6. Development Orders. Revocation of a De>.'elopment l.pproval. The City Clerk or designee will record specific action by the Advisory Board and City Commission with respect to each staff comment or recommendation. The City Clerk shall also sign and witness the completed record of the proceedings which then becomes the official and final development order. For the purpose ofthe issuance of development orders and permits, the City of Bovnton Beach has adopted level of service standards for public facilities and services which include roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation. Compliance with levels of service as stated in the Boynton Beach Comprehensive Plan is required. See Chapter 1, Article VI for additional regulations regarding the concurrency management system. Unless described otherwise in this article, the follo,-,,'ing procedrnes shall outline the revocation of a development approval: k6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 "6 .^~. Initiation. The Director of PlanFling and Zoning shall in'/estigate alleged violations of imposed condition or conditions. The Director of Planning and Zoning shall determine whether or not to terminate or suspend a de','elopment appro'/al. If the Director of Planning and Zoning determines that a termination, or suspensioFl, of a development appro'.'al is appropriate, a recommendation, incleding the reason or reasons for their determiFlation, shall be made to the City Commission '-','fIO shall conduct a public hearing OR the matter. B. Grounds for Revocation. development approval: The following arc grounds for re'.'ocatioR of a 1. MisleadiFlg Information. The intentional pro'lision of materially misleading iRf{)rmation by the applicant (the provision of inf{)rmatioFl is considered "intentional" \yhere the applicant was a'Nare of the inaccuracies or could have disco'.'ered the iFlacouracies with reasonable diligence); and 2. Non Compliance. The failure to correct any violation of any condition of a development approval within the time specified by the City and ,I or after aotification from the City of 'Iiolations of the d€Nelopmeat approval. C. Notice and Public Hearing. Notiee of the hearing shall be provided to the development approyal holder at least 10 working days prior to the hearing. Such notice shall be in 'Nriting and deli','ered by personal servioe or certified mail and shall advise of the Director of Planning and ZoniFlg's recommendation as \','ell as the date and location of the hearing before the agency. 48 5 ') D. Decision and N06ce. The agency shall prepare a development order appro\'ing: approving '.vith conditions. or denying the Director of Planning and Zonin,:,:' ~- recommendation. The development order shall contain fIndings that addres~~ the ba~;; for condition or conditions that have been VIOlated and the harm ~~uch violation ha~, caused. In the case of suspension of the use. the development order shall state the lenf,,1:h of time such violation can be cured. In the case o1'a termination. the development order shall state the reason such '.'iolation cannot be cured " .~ 4 5 6 7 8 9 10 11 12 13 Section 7. Revocation of a Development Approval. Unless described otherwise in this article. the following procedures shall outline the revocation of a development approval: 14 15 16 17 A. Initiation. The Director of Planning and Zoning shall investigate alleged violations of imposed condition or conditions. The Director of Planning and Zoning shall determine whether or not to terminate or suspend a development approval. If the Director of Planning and Zoning determines that a termination, or suspension, of a development approval is appropriate. a recommendation. including the reason or reasons for their determination, shall be made to the Citv Commission who shall conduct a public hearing on the matter, 18 19 20 21 22 23 24 ')~ ~) 26 27 28 29 30 31 B. Grounds for Revocation. The following are grounds for revocation of a development approval: L Misleadin2 Information. The intentional provision of materiall misleading information by the applicant (the provision of information is considered "intentional" where the applicant was aware of the inaccuracies or could have discovered the inaccuracies with reasonable diligence): and "') .1- 2. Non Compliance. The failure to correct any violation of anv condition of a development approval within the time specified by the City and. or after notification from the Citv of violations ofthe development approval. "" .:L1 34 35 36 37 38 39 40 41 42 43 C. Notice and Public Bearin2. Notice of the hearing shall be provided to the development approval holder at least 10 working days prior to the hearing. Such notice shall be in writing and delivered by personal service or certified mail and shall advise of the Director of Planning and Zoning's recommendation as well as the date and location of the hearing before the agencY'. 44 45 46 47 48 D. Decision and Notice. The agencY' shall prepare a development order approving. approving with conditions, or denying the Director of Planning and Zoning's recommendation. The development order shall contain findings that address the basis for condition or conditions that have been violated and the harm such violation has caused. In the case of suspension of the use. the development order shall state the length of time such violation can be cured. In the case of a termination. the development order shall state the reason such violation cannot be cured. ('I 1 2 3 CHAPTER 2, ARTICLE VI IMPACT AND SELECTED FEES: 5 Section 8. Green BuDdin!!. Pro2,ram. See Chapter 2, Article L Section 5 for additional fees associated with the Green Building Fee. a voluntary program. 7 (, /A1~" "il-' _iIgCC SAFE & SUSfAINABLE BY THE BOOK I ~,i~~E~;, Jl @! f& e r-- THE INTERNATIONAL CODE COUNCIL (ICC), along with its Cooperating Sponsors, is pleased to introduce the International Green Construction Code (IGCC). The Cooperating Sponsors are: the American Institute of Architects (ALA). ASTM International, the American Society of Heating. Refrigeration and Air Conditioning Engineers (ASH RAE), the U.S. Green Building Council (USGBC), and the Illuminating Engineering Society (IES). The IGCC includes ANSI! ASHRAE/USGBCIIES Standard 189.1 as a Jurisdictional Requirement Option. This resource document can be used to immediately incorporate "green" components into existing or developing building codes. Application of the IGCC (components will ensure integration with other International Code provisions and provide criteria that have been reviewed by experts in sustainable building science, safety, and buildirrg performance. r ---'-- -"-- EXHIBIT "B" IGCC: A NEW APPROACH FOR SAFE & SUSTAINABLE CONSTRUcrION What does the IGCC do? The IGCC provides model code language to establish baseline regulations for new and existing buildings related to energy conservation, water efficiency, building owner responsibilities, site impacts, building waste, and materials and other considerations. How does the IGCC become law? The model code language becomes law when it is adopted by the appropriate state or local authority charged with governing construction. The adopting jurisdiction is charged with determining the final content of the code, and has the ability to calibrate the application of the code on a project-by-project basis. How does this complement existing rating systems or other guidelines? Rating systems such as LEED are voluntary guidelines for cutting-edge applications of green building design. The IGCC establishes minimum requirements for all buildings, providing a natural complement for voluntary rating systems which extend beyond the IGCC's baseline. The U.S. Green Building Council, creators of LEED, has participated in the development of the IGCC and endorses its usage as a viable option for communities that wish to regulate minimum green building provisions. What if my state or local jurisdiction seeks a different approach than others considering the adoption of the IGCC? The IGCC establishes several levels of compliance, starting with the basic provisions of the code, and then offering "jurisdictional requirement" options. Further, the jurisdiction can add more guidance on a project-by-project basis through establishing the specific number of available IGCC "project electives." How extensive is the IGee and how difficult will it be to enforce? The IGCC has 11 chapters, plus two appendices. Many provisions in the IGCC are modeled after familiar tables and application 'tools that are found in other International Codes that have been adopted in every state in the United States. The IGCC acts as an overlay on other existing codes, including using the provisions of the International Energy Conservation Code (IECe) as a baseline. To make sure the IGCC is enforceable, it was reviewed by the same experts that develop the building codes that officials enforce daily. Will there be professional development for those helping implement the IGCC? Training,certification exams, and contractor testing on the key elements of the IGCC currently are being offered by the International Code Council, with additional professional development and technical support materials under development. Representatives from IGCC sponsoring organizations also are available to speak about the code at local, state, and national events. How was the code developed? The initial public version of IGCC was developed over an eight month period by a broad- based, 29-member Sustainable Building Technology Committee, with input from more than 100 Work Group members composed of experts in government, business and academia, code development and enforcement, architecture, materials science, engineering, and environmental advocacy. Subsequently, the code was updated and refined based on over 1,500 public comments and a public hearing conducted in mid-20l0. The IGCC will be integrated fully into the existing I-Code family in early 2012 after hearings in 2011. KEY COMPONENTS OF IGCC PUBLIC VERSION 2.0 IGCC Public Version 2.0 is now available as a resource for jurisdictions that are ready to adopt a useable and enforceable framework that links together issues of green design, building performance, and building safety. Key changes in Public Version 2.0 include: A Zero Energy Performance Index (zEPI), requiring buildings to use no more than 51 percent of the energy allowable in the 2000 International Energy Conservation Code; The jurisdictional project electives formula now requires jurisdictions to enforce at least one and up to 14 electives; The addition of appliance information, radon mitigation, and documentation requirements to the commissioning provisions to ensure the health and safety of building occupants; A 20 percent water savings beyond u.s. federal standards for water closets in residential settings; New requirements for identification and removal of materials containing asbestos; Land use regulations including new provisions addressing flood risk, development limitations related to "greenfields," use of turf grass, and minimum landfill diversion requirements; Movement of many responsibilities from the registered design professional to the owner to prevent potential conflicts with state and local requirements; and Consistency with industry standards for air handling systems. Visit www.iccsafe.org/igcc for updates and to download IGCC Public Version 2.0 today. ."In:?(; or' ::.'rt!liC-... ~r I \r\~ ')f :,;lr1Cl, "'elt THE IGCC IS: COMPREHENSIVE: The IGCC applies to the construction of traditional and high-performance buildings, structures, and systems, induding alterations, and additions. INTEGRATED: The IGCC has been designed to coordinate and integrate with the health and safety features of existing I-Codes and existing rating systems such as LEED. CONSENSUS BASED: ICC's open, governmental consensus code development process ensures that key stakeholder voices have been heard throughout the process. ADAPTABLE:TheIGCCisa "model" code, requiring adoption by a governing jurisdiction before It becomes law. In this way, the model language can, if necessary, be adapted to address local conditions. ENFORCEABLE: The IGCC creates a regulatory framework for new and existing buildings, advancing and complementing the momentum in "green" building created by popular rating systems. International Code Council Corporate Headquarters SOO New Jersey Avenue, NW Sixth Floor . Washington, DC 20001 www.k..afe.o.g/ig.. ' ~ ~t \ fl.SlINTERNATlONAl mt1 CODE COUNCIL tIIW. l'lIL"\"t:IIIt:-\'\ .~. I\,qITUTE . -=-.: or \IH:U!,.ECT," ,~ ,..;:;;.;-;;;.;;.;;. ,~ ~ '1 ~- . ) j!J<l @ ~ .~ m'!mi!.l~ti}lg e .~ 'ft' ~}as n EXHIBIT lie ':I; ~,." "~ ,- d:-,!.; -~ :>;; <or -.. AM:MB.:BJJF Tl:lEJtlltB~AIlQb~' :;OUE FAMI! y~ , , ;t'i.;i~.;'),:-' :';' 'j;" ";;lIl!!j':!j;::' " ".~- i',," ";'" /~' t\.\. ii ._,~- "'1. -:"".. 11--':; i:5 SAr""t 8: SUS'rAJN..~ay T:-fE BOOK f '~l'" , :;'-"" jt , !,...J;r. " I ~~ ~ ~ fl: '" "l""j ~, r [ ~l f . :: .;~: -:.: ,t:~~~~~~~eilE~~M~P189.1-2009 .. ."'. .. ... m:; ~." 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Jf~ INTERNATIONAL green CONSTRUCTION CODE@ (lgCC@) SYNOPSIS (Based on Public Version 2.0 of the IGCC) December 15,2010 IGCC OVERVIEW/BACKGROUND The International Green Construction Code (IGCe) provides a comprehensive set of requirements intended to reduce the negative impact of buildings on the natural environment. It is a document which can be readily used by manufacturers, design professionals and contractors; but what sets it apart in the world of green building is that it was created with the intent to be administered by code officials and adopted by governmental units at any level on a mandatory basis. It is designed to drive green and sustainable building significantly beyond the market segment that has been transformed by voluntary rating systems. The IGCC has been developed by the International Code Council (ICe) in association with cooperating sponsors ASTM International (ASTM) and the American Institute of Architects (AlA). Other organizations indicating their support include the U.S. Green Building Council (USGBC), producers of the LEED green building rating systems, and The Green Building Initiative (The GBI), producers of the Green Globes green building rating system. The IGCC was developed with the intent to be consistent and coordinated with the ICC family of Codes & Standards: the I-Codes. It is applicable to the construction of high performance commercial buildings, structures, and systems, including existing buildings subject to alterations and additions, utilizing both traditional and innovative construction practices. It also applies to residential occupancies other than low-rise residential buildings that fall under the scope of the International Residential Code (IRC). The IGCC also allows jurisdictions to choose ASHRAE Standard 189.1 as an alternative compliance path. ASH RAE Standard 189.1, Standard for High-Performance Green Buildings Except Low-Rise Residential Buildings, is an American National Standards Institute (ANSI) standard developed by the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASH RAE) in association with the Illuminating Engineering Society (IES) and the U.S. Green Building Council (USGBC). Because it is written in mandatory language, the IGCC is poised to produce environmental benefits on a massive scale: a scale impossible to attain with purely voluntary green building programs and rating systems. Voluntary programs have pioneered the Green movement, and with the foundation they have laid, the IGCC is positioned to achieve significant market transformation in those segments that are not likely to react to voluntary programs. Although the IGCC is not a rating system, it incorporates an innovative new concept, that of project electives, which is designed to encourage and drive the construction of buildings that exceed the already stringent minimum requirements of the code, much like rating systems do. In addition, it contains other innovative features which allow jurisdictions to customize and tailor the code to address environmental concerns of a local nature and to respond to environmentally related political agendas. IGCC Public Version 2.0 Synopsis: Page 2 of 34 Even at their higher performance thresholds, most green and sustainable building rating systems typically offer many choices to the owner and designer, but do not require increased performance in those specific areas that the jurisdiction may feel are critical. The IGCC, however, provides jurisdictions with a document that allows them to specify enhanced building performance in many specific critical areas of concern, including energy, water, natural resources and material conservation. Rather than relying on an overall score attained by allowing owners and design professionals to choose from a wide array of choices in all environmental categories with few mandatory requirements, as is typical of most green building rating systems, the IGCC takes the opposite approach: the IGCC is composed primarily of mandatory requirements. However, in a departure from other building codes, the IGCC also contains a number of provisions that the jurisdiction must specifically select before they become enforceable, including specific requirements in each environmental category. This was done because some provisions are simply not appropriate for all jurisdictions. For example, checking the "Yes" box to choose the ASHARE 189.1 optional compliance path not only eliminates most of Chapter 3 through the remainder of the IGCC, ASH RAE 189.1 also contains some very restrictive site requirements which could prohibit all construction in some jurisdictions. For other jurisdictions, however, the choice may be quite reasonable and beneficial. The IGCC also prohibits building in floodplains, which could have similar implications in some jurisdictions. Of course, where the IGCC or the IGCC with the ASH RAE 189.1 option is adopted on a voluntary instead of a mandatory basis (which is also likely to dampen their overall use and effectiveness), those dire implications are removed, and any adoption process can modify the base documents as the jurisdiction finds appropriate. In addition to the jurisdictional requirements determined by the jurisdiction in Table 302.1, the IGCC contains a relatively small number of owner/designer choices. The IGCC regulates these owner/designer choices as project electives. A minimum number of project electives, as determined by the jurisdiction for all projects, must be chosen by the owner or design professional for implementation on each specific project. These choices are to be indicated in Table 303.1, the Project Electives Checklist, which is intended to be filled out and included in the construction documents. As a result of these features, the IGCC is able to produce more predictable results which are closely aligned with each jurisdiction's specific environmental goals. Even if a jurisdiction chooses to enforce only the minimum criteria in the IGCC, because the IGCC is intended to be adopted as a mandatory document, it is still poised to significantly reduce the impact of the built environment on the natural environment. The IGCe: . Is applicable to new construction, as well as alterations and additions to existing buildings. . Is written in mandatory language that is coordinated with the family of codes produced by the International Code Council. . Is intended to be adopted by jurisdictions on a mandatory basis. . Is intended to be administered primarily by building officials. . Sets stringent minimum mandatory requirements and performance thresholds in many specific areas, some of which are determined by the jurisdiction. . Is intended to be useable by manufacturers, design professionals and contractors. . Is intended to be adopted by governmental units and administered by building departments. . Is applicable to all buildings other than low-rise residential buildings which fall under the scope of the IRe. IGCC Public Version 2.0 Synopsis: Page 3 of 34 · Incorporates features which allow jurisdictions to customize requirements to suit local geographicai conditions and environmental priorities and agendas · Incorporates a relatively small number of "project electives" a minimum number of which must bE selected by the owner or design professional and Implemented on each project, as a means to Encourage practices which are difficult to mandate; and Encourage higher performance buildings (buildings with lower environmental impact which exceed the minimum requirements of the IGCC). · Is not a rating system and is not intended to provide a single metric indicative of overall building performance. . In a single code or volume, is applicable to new construction, existing construction, building shells multiple occupancy classifications and community development, etc CONTEXT The IGCC is founded on principles consistent with those of other codes produced by ICC (I-Codes): to adequately protect public health, safety and welfare; to provide requirements that do not unnecessarily increase construction costs; and to provide requirements that do not restrict the use of new materials, products or methods of construction and do not give preferential treatment to particular types or classes of materials, products 0" methods of construction, except where environmental impact or sustainability considerations require so The IGCC is an overlay code which relies on the foundation provided by other International Codes to provide communities with buildings that are safe and sustainable. Rather than the past approach of creating buildings which are capable of resisting environmental forces, consideration is given in the IGCC to the impacts of building construction on the natural environment and how negative impacts can be mitigated. The IGCC, much like the International Energy Conservation Code (lECC), is a code which regulates buildings primarily from a public welfare perspective. The IGCC is uniquely formatted not only to require the Implementation of environmentally related best practices, but to encourage practices which are difficult to mandate, as well as to offer customization to jurisdictions, all in the name of reducing the negative impact of the built environment on the natural environmem The benefits of the IGCC are not only environmental, Because the IGCC approaches conservation from man v perspectives, and conservation inherently means less materials, water and energy, etc.., In some scenarios. especially when considered over the useful life of buildings and structures which conform to the IGCC, owners are likely to realize cost savings. There will also be less strain placed on infrastructure such as roadways, public sewer- and water, electric and gas utilities, etc, and, therefore, JUrISdictions and utility companies may benefit financially, which means additional savings are likely to be passed on to consumers In certain cases, even higher initial cost:: will be more than offset: where projects are financed, red uced monthly utility charges may more than offset the increased monthly finance costs attributed to green and sustainable practices Subsequent development of the IGeC is tentatively scheduled as follows: . Public Version 2.0 posted for code change submittals November 3.. 2010, with comments due by January 3, 2011. . IGCC Code Development Hearings to be held May 16 through 22, 2011 in Dallas, Texas IGCC Public Version 2.0 Synopsis: Page 4 of 34 . Public Comment deadline: August 12, 2011 . IGCC Final Action Hearings to be held November 3 through 6, 2011 in Phoenix, Arizona, in conjunction with the ICC Annual Conference. The Final Action Hearing vote is restricted to ICC governmental members as they will be charged with enforcing the code. . The First Edition of the IGCC is scheduled to be published in March 2012. . Once the 2012 edition of the IGCC is published, it will be updated every three years along with the other 1- Codes through ICes Code Development Process. IGCC FORMAT/CONTENT Building codes and standards are often thought of as establishing minimum requirements for construction practice. The IGCC, however, uses a new twist on that concept, that of project electives, to achieve the intent of various provisions while preserving flexibility and choice. Without flexibility and choice, mandatory enforcement of some of the code's provisions could become unreasonable or infeasible, effectively diminishing the applicability of the code, as well as its potential adoption, use and enforcement. For example, given current technologies, mandating that all buildings be net-zero energy designs (designed and constructed so that they generate at least as much energy as they consume) would be considered quite onerous by many. However, encouraging the voluntary implementation of practices which move toward net-zero energy buildings is a reasonable approach, and is the one incorporated in the IGCe. The IGCC uses the concept of project electives to encourage, but not require, the consideration and implementation of various environmentally beneficial practices which may not be suitable for every project and, therefore, may not be suitable as strictly mandatory requirements. The IGCC does not require that all project electives be complied with. Rather, it requires that a minimum number of project electives be complied with on each project, allowing the owner or design professional to select which specific ones are to be implemented on each project. Project electives enable the IGCC to drive the construction of buildings which may far exceed its minimum requirements. Such buildings will come much closer to fulfilling the ideal goals of sustainability. The IGCC uses the concepts of zEPI (zero Energy Performance Index), EUI (Energy Use Intensity) and outcome based compliance, in combination with project electives, to encourage the construction of net-zero energy buildings and to realize buildings which come much closer to meeting their intended energy goals. (See the Chapter 6 overview for more on zEPI, EUI and outcome based compliance.) The IGCC contains: . Requirements which are chosen by the jurisdiction and become applicable to all buildings constructed in the jurisdiction (Chapter 3 - Table 302.1) . Project specific electives (project electives) which are chosen by the owner/designer (Chapter 3 - Table 303.1) . Requirements for Existing Buildings (Chapter 10) . Chapters which address fundamental aspects of green and sustainable building, including: o Site development and land use(Chapter 4) o Material resource conservation and efficiency (Chapter 5) IGCC Public Version 2.0 Synopsis: Page 5 of 34 Energy conservation, efficiency and earth atmospheric quality (Chapter 6:1 Water resource conservation and efficiency (Chapter 7) Indoor environmental quality (Chapter- 8) Building operation, maintenance and owner education (Chapter 9) IGCC CHAPTER 1 OVERVIEW: ADMINISTRATION Section 101.2 - Scope: The IGCC is applicable to the following aspects of buildings and building sites: . Design and construction . Equipment · Additions, alterations and demolition . Location · Change of use or occupancy . Maintenance The IGCC is applicable to all occupancies other than low-rise residential occupancies that fall under the scope of the International Residential Code (i.e., detached one- and two-family dwellings and townhouses that are 3 stories or less in height and are provided with separate means of egress.) The IGCC is not applicable to equipment or systems used primarily for industrial or manufacturing processes, except as provided (some energy provisions address limited aspects of process energy). Section 101.3 - Intent: · To safeguard the environment, public health, safety and general welfare through the establishment of requirements related to sustainability · To reduce the negative potential impacts and Increase the positive potential impacts of the built environment on the natural environment and building occupants, by means of minimum requirements related to. Conservation of natural resources, materials and energy; c The employment of renewable energy technologies; Indoor environmental quality; Air quality; and Building operations, building maintenance and owner responsibility" IGCC Public Version 2.0 Synopsis: Page 6 of 34 Section 102.1- General: The IGCC is not to be used as a stand alone construction regulation document or to abridge or circumvent safety, health or environmental requirements under other codes, such as the International Building Code and the International Fire Code. Section 102.4 - Referenced codes and standards The codes and standards referenced in Section 102.4 and elsewhere in the code are considered as part of the requirements of the code to the extent prescribed in each reference. The following codes and standards are referenced in Sections 102.4.1 through 102.4.12: . International Building Code . International Energy Conservation Code . International Fuel Gas Code . International Wildland-Urban Interface Code . International Mechanical Code . International Code Council Performance . International Plumbing Code Code . International Property Maintenance Code . International Existing Buildings Code . International Fire Code . International Zoning Code Numerous standards are referenced throughout the code and a comprehensive list is contained in Chapter 12. The following is a small sampling of the ASTM standards referenced in the IGCC, for which the code will reference the latest available versions: . 03960 - Standard Practice of Determining Volatile Organic Compound (VOC) Content of Paints & Related Coatings . 05093 - Standard Test Method for Field Measurement of Infiltration Rate Using Double-Ring Infiltrometer With Sealed-Inner Ring . E1980 - Standard Practice for Calculating Solar Reflectance Index of Horizontal And Low-Sloped Opaque Surfaces . E2398 - Standard Practice for Water Capture and Media Retention of Geocomposite Drain Layers For Green Roof Systems IGCC CHAPTER 2 OVERVIEW: DEFINITIONS Although the IGCC shares some definitions which are common to other International codes, most are unique to the IGCe. The following is a small sampling of those definitions: BIO-BASED MATERIAL. A commercial or industrial material or product, other than food or feed, that is composed of, or derived from, in whole or in significant part, biological products or renewable domestic agricultural materials (including plant, animal, and marine materials) or forestry materials. IGee Public Version 2.0 Synopsis: Page 7 of 34 COMMISSIONING. A process that verifies and documents tnat the selected building and site system have oeen deslgnecL installed, and function according to the owner'" prolect requirements and construction documents, and to minimur~! code requirements. CONSERVATION AREA. Land designated by the jurisdiction or by state or federal government, as a result of a community planning process, as appropriate for conservation from development because of the land possessing natural values important to the community including, but not limited to wildlife habitat, forest or other significant vegetation steep slopes, ground water recharge area, riparian corridor or wetland DAYLIGHT SATURATION. The percentage of daytime hours throughout the year when not less than 28 foot-candles (300 lux) of natural light is provided at a height of 30 inches (762 mm) above the floor DEMAND RESPONSE, AUTOMATED (AUTO-DR). Fully Automated Demand Response initiated by a signal from a utility m other appropriate entity, providing fully-automated connectivity to customer energy end-use control strategies, LIFE CYCLE ASSESSMENT (LCA). A technique to evaluate the relevant energy and material consumed and environmental emissions associated with the entire life of a building, product, process, matenal, component, assembly, activity or service. LOW EMISSION, HYBRID AND ELECTRIC VEHICLE. Vehicles that achieve EPA Tier 2, California LEV-II or a minimum of EPA LEV standards, whether by means of hybrid, alternative fuel, or electric power MUNICIPAL RECLAIMED WATER. Wastewater that has been reclaimed, recycled, reused or treated by a municipality for specific non-potable uses. POST-CONSUMER RECYCLED CONTENT. Proportion of recycled material in a product generated by households or by commercial, industrial, and institutional facilities in their role as end users of the product that can no longer be used for its intended purpose. This includes returns of material from the distribution chain. PRE-CONSUMER (POST-INDUSTRIAL) RECYCLED CONTENT. Proportion of recycled material in a product diverted from the waste stream during the manufacturing process. Pre-consumer recycled content does not include reutilization of material such as rework, regrind, or scrap generated in a process and capable of being reclaimed within the same process that generated it. PROJECT ELECTIVE. Provisions contained in Sections 407, 507, 613, 710, 809 and 905 for which compliance is not mandatory unless selected under Section 303.1 for a specific building design. The minimum aggregate total number of compliance electives which must be selected and complied with is indicated in Table 302.1 VOLATILE ORGANIC COMPOUND (VOC). A chemical compound based on carbon chains or rings that typically contains hydrogen and sometimes contains oxygen, nitrogen and other elements, and that has a boiling point in the range from (500 C to 1000 C) to (2400 C to 2600 C). ZERO ENERGY PERFORMANCE INDEX (zEPI). A scalar representing the ratio of the energy performance of the proposed design compared to the average energy performance of buildings in the benchmark year of 2000, with similar occupancy, operation schedule and climate. The ratio is multiplied times 100 such that 100 represents a building that uses the same amount of energy as the 2000 average and zero represents a zero net energy building. IGCC CHAPTER 3 OVERVIEW: JURISDICTIONAL REQUIREMENTS AND PROJECT ELECTIVES Chapter 3 is formatted to: · Facilitate the customization of the code to address local agendas, IGCC Public Version 2.0 Synopsis: Page 8 of 34 . Encourage construction that exceeds the minimum requirements of the code and . Encourage the implementation of best practices which are difficult, if not impossible, to mandate. Table 302.1, which addresses requirements detemined by the jurisdiction, and Table 303.1, which introduces the concept of project electives, are contained in Chapter 3 and are fundamental to the understanding and use of the IGCe. . The jurisdiction, upon its adoption of the IGCC, is directed to fill in the information required in Table 302.1, Requirements Determined by the Jurisdiction. o The jurisdiction identifies whether specific provisions are to be enforced in the jurisdiction in Table 302.1. o These requirements are then applicable to all buildings constructed in the jurisdiction. o For some provisions, the jurisdiction must indicate the level of compliance required. . The owner or design professional selects project electives from Table 303.1, the Project Electives Checklist. o Project electives selected and indicated by the owner or design professional in the Project Electives Checklist become mandatory for that project. o Different combinations of project electives can be selected for each project o The minimum number of project electives required to be implemented is the same for all projects in the jurisdiction, and that number is determined by the jurisdiction in Table 302.1. It is important to remember that Tables 302.1 and 303.1 represent only a small portion of the provisions contained in the IGCe. The remainder, or the vast majority of all provisions contained in the IGCC, are mandatory as applicable, just as is the case with provisions in all other I-Codes. Furthermore, if the jurisdiction is confused by jurisdictional requirements and project electives, the IGCC provides means for the jurisdiction to easily opt out of the enforcement of the provisions, while still retaining an effective document to guide building sustainability. Table 302.1-REQUIREMENTS DETERMINED BY THE JURISDICTION: By means of Table 302.1, the IGCC facilitates customization of the code by jurisdictions such that their specific geographical and political priorities related to sustainability may be addressed, including, but not limited to, the potential to address: . Urban sprawl, . Heat island effects, . Stormwater runoff and landscape irrigation, and . Water and energy minimum performance thresholds. Table 302.1 allows the local jurisdiction to meet regional goals and priorities by determining whether certain provisions are to be enforced in the jurisdiction and whether enhanced energy performance or reduced plumbing fixture reduced flow rates will be required for compliance with the code. However, if the jurisdiction feels that various provisions are not appropriate for the jurisdiction, the jurisdiction can simply opt out of those provisions by selecting the "No" box for such provisions. The reality is that many, if not most of, the provisions in Table 302.1 may not be appropriate for many jurisdictions. That is why they are in this table. If they were appropriate choices in all jurisdictions, they would have been incorporated into the base code as mandatory requirements. For example, checking the "Yes" box related to Greenfields and Section 402.2.6 could potentially prohibit all construction in some jurisdictions, as it limits construction to sites that have been previously developed, previously contaminated and reclaimed, or are in close proximity to a mass transit station or other existing IGCC Public Version 2.0 Synopsis: Page 9 of 34 development. Such requirements may be potential "time bombS' in some'lurlSdlctlOns, but may be qUite reasonablE' rine appropriate in other jurisdictions. JUrISdictions should exercise caution with each "Yes' bo~ they seiect In Table 302 EIU'.. jurisdictions should also take comfort In the fact that, even if they check only "No" boxes. they stili have an effective code 1.0 drive sustainable construction - as the vast majority at the IGCC provisions are mandatory requirements that afe not tied to a choice in Table 302.1. Table 302.1 also requires that the local jurisdiction indicate a value between 1 and 14 as the minimum number of project electives that must be satisfied in order to comply with this code. Project electives are the vehicles by which the IGCC encourages the consideration and implementation of environmentally beneficial practices which may not be appropnate as strict mandatory requirements in some scenarios. Project electives are also used to encourage construction and performance that exceeds the minimum requirements of the code -~.~-~ .. ~.- .~-,-~- Section Section Title or Description and Directives Jurisdictional Requirements i CH 3. JURISDICTIONAL REQUIREMENTS AND PROJECT ELECTIVES 302.1 (2) Optional compliance path - ASHRAE 189.1 ! DYes ! o No Project Electives - The jurisdiction shall indicate a number between 1 and 14 302.1 (3) to establish the minimum total number of project electives that must be - satisfied. CH 4. SITE DEVELOPMENT AND LAND USE 402.2.3 Conservation area DYes o No -.---.----.-.---.- 402.2.5 AQriculturalland DYes ONo 402.2.6 Greenfields DYes o No _..-_.__._-,~-----~--- -----'--- 403.4.1 HiQh occupancy vehicle parking DYes o No --------.--- 403.4.2 Low emission, hybrid and electric vehicle parking DYes o No .~------- 405.1 LiQht pollution control DYes o No .._---~------~ CH 5. MATERIAL RESOURCE CONSERVATION AND EFFICIENCY , - -.--.---, Minimum percentage of waste material diverted from landfills - Select a 065% I 502.1 percentage only where "Yes" is selected in the previous row._________________"__ 075% .__1 CH 6. ENERGY CONSERVATION AND EARTH ATMOSPHERIC QUALITY -----.-.-.. ----, Table zEPI of Jurisdictional Choice - The jurisdiction shall indicate a zEPI of 46 or 602.1, See Table 602.1 and 302.1, less in Table 602.1 for each occupancy for which it intends to require Section 302.1 302.1.1 enhanced energy performance, "._-,_..~-----".- - -~-----_._--~-----~-~~ 602.3.2.3 Total C02e emissions limits and reporting DYes L~.~~ __! 613.2 Post C. of O. zEPI, energy demand, and C02e emissions reporting I DYes -~---- TABLE 302.1 REQUIREMENTS DETERMINED BY THE JURISDICTION CH 7. WATER RESOURCE CONSERVATION AND EFFICIENCY I Enhanced plumbing fixture and fitting flow rate tier 702.1.2 ---------~------~- 702.7 Municipal reclaimed water. ---~"---~._-"---~------- CH 9. COMMISSIONING, OPERATION AND MAINTENANCE 904.1.1.1 I Periodic reporting __.___~+..___._____.___M.________.._______.__ .-- ---- CH 10. EXISTING BUILDINGS 1006.4 I Evaluation of existing buildinqs o Tier 1 o Tier 2 DYes I 0 No __.Q.~-No-= DYes o No IGCC Public Version 2.0 Synopsis: Page 10 of 34 Section Title or Description and Directives Jurisdictional Section Requirements APPENDICES Appendix Greenhouse gas reduction in existing buildings DYes o No 8 o Phase 1 Compliance level - The jurisdiction to select phases only where "Yes" is o Phase 2 8103.1 selected in the previous row. o Phase 3 o Phase 4 8103.2 Where "Phase 1" is selected under Section 8103.1 -jurisdiction to indicate months the number of months to be used in association with Section 8103.2. Where "Phase 2" is selected under Section 8103.1 -jurisdiction to indicate years 8103.3 the number of years and the percentage to be used in association with % Section 8103.3. 8103.4 Where "Phase 3" is selected under Section 8103.1 -jurisdiction to indicate years the number of years to be used in association with Section 8103.4. 8103.5 Where" Phase 4" is selected above - jurisdiction to indicate the number of years years and the percentage to be used in association with Section 8103.5. % Append ix Sustainability measures DYes ONo C Appendix Enforcement procedures DYes ONo D ANSI/ASHRAE/USGBC/IES Standard 189.1 - Standard for High-Performance, Green Buildings Except Low-Rise Residential Buildings. Of particular significance in Section 302.1 and Table 302.1 is the option which allows the jurisdiction to select ASHRAE Standard 189.1 as an alternate compliance path (see the row that references Section 302.1 at the left). When this path is selected, the remainder of the code, meaning the remainder of Chapter 3 through Chapter 11 of the IGCC, is replaced by ASHRAE Standard 189.1. This is much different than the way in which the International Energy Conservation Code references ASHRAE Standard 90.1, where the choice is made by the designer. The decision to leave the choice to the jurisdiction rather than the designer and to make that choice applicable to all buildings in the jurisdiction was made to ensure that code officials and building departments were not overburdened. If both the IGCC and ASH RAE 189.1 were available as options to the designer, then code officials would be responsible for enforcing two completely sets of requirements. That would be like making two building codes available in a jurisdiction. For energy, code officials typically do not do in depth peer reviews. But for the IGCC and ASH RAE 189.1, they would be responsible to do both in depth plan r4eviews and field inspections. Becoming familiar with one code is difficult enough. This extra burden might mean that some jurisdictions would simply not adopt the IGCC in any form. Point of Entry and the Private Sector Because the IGCC is intended to be adopted on a mandatory basis, it is poised to deliver significant environmental benefits even where a jurisdiction selects only "No" boxes in Table 302.1, does not select any of the enhanced performance options, and selects "1" as the minimum number of project electives that must be complied with. Thus, where the jurisdiction does not feel that they have the background or expertise to make all of the choices required by Table 302.1, they can take comfort in the fact that, even in is base minimum form, the IGCC will be an effective tool to drive sustainable building practices. Jurisdictions need no longer fear that mandatory green building requirements may be too restrictive for the private sector. They no longer need to limit the application of green and sustainable requirements to government buildings. The IGCC is not IGCC Public Version 2.0 Synopsis: Page 11 of 34 an elitist code intended only for large or high budget projects it Intended fm all projects and budget:,. And In tutU!'fO 'year: as the jurisdiction, as well as the private sector, gain familiarity with Its application, the ,iurisdiction has the ability to ramp UP the enhanced performance requirements at whatever level and pace that they feel IS appropnate. Although the mandatory application of the IGCC to the private sector that has the most potential to reduce the environmental impact of the built environment on the natural environment, voluntary adoptions, where the only realistic option. are certainly better than no green and sustainable building requirements at all. Voluntary adoptions of the IGCC may pave the way tor tuture mandatory adoptions, just as voluntary LEED based programs have paved the way for the IGCC. The IGec IS a green cooe to begin with, and to grow with. Table 303.1- PROJECT ELECTIVES CHECKLIST: Although the sections referenced by number in the far left column of Table 302.1 become mandatory for all buildings in the jurisdiction only where the jurisdiction indicates so in Table 302.1, the project electives listed in Table 303.1, the Project Electives Checklist, are a different animal. They become mandatory only where they are selected or chosen by the owner or registered design professional for a specific project and indicated in the Project Elective Checklist. Also note that the far right column allows the jurisdiction to disallow any provisions that they feel are not suitable or effective in their jurisdiction, 01' may be difficult or burdensome to enforce. The primary functions of the Project Elective Checklist are to: · Give guidance to owners and design professionals as to what project electives are available to choose from, · Inform the code official as to which project electives have been selected or chosen by the design professional and must, therefore, be complied with and enforced as if they were mandatory requirements, and · Encourage environmental performance that exceeds the minimum requirements of the IGCC, including performance beyond the minimum levels determined by the jurisdiction in Table 302.1. Provisions of the IGCC have typically been designated as project electives where mandatory compliance with that provision was determined to be unduly restrictive in certain cases, but where that provision was, nonetheless, important to encourage from an environmental perspective. For example, it would be unreasonable to mandate that all buildings be constructed on a brownfield site, as that would preclude the construction of buildings on all sites that were not brownfields. However, it is quite reasonable to encourage the practice. Therefore, Section 407.2.5, which regulates brownfield sites, is designated as a project elective. Some project electives are designed to encourage, but not require, the construction of buildings with higher energy performance than indicated by the jurisdiction in Table 302.1. Thus project electives encourage the construction of higher performance buildings than would be produced by conformance with the minimum requirements of the code, just like rating systems do. Where a specific building project does not trigger the application of a particular mandatory provision, or where the jurisdiction has not selected a provision in Table 302.1 for enforcement In their jurisdiction, related project electives have been created to encourage, but not require, the implementation of the practice in those scenarios, For example, since Section 403.4.1, high occupancy vehicle parking, is only mandatory for buildings with a total building area that is greater than 10,000 square feet, a related project elective, Section 407.3.3, is written In an inverse manner: it encourages, but does not require, the application of the provision to smaller structures by allowing, but not requiring, the design profeSSional in responsible charge to select the provision as a project elective for buildings with an area of less than 10,000 square feet Provisions that are designated as project electives have been grouped in dedicated sections at the end of Chapters 4 through 9 so that they may be readily identified, and the Project Elective Checklist contained in Table 303.1 ties all project elective strategies from all chapters together in one location, IGCC Public Version 2.0 Synopsis: Page 12 of 34 TABLE 303.1 PROJECT ELECTIVES CHECKLIST Section Description Check the Jurisdictional corresponding box to determination of indicate each project availability elective selected. CH 3. JURISDICTIONAL REQUIREMENTS AND PROJECT ELECTIVES 304.1 Whole Building Life Cycle Assessment o (5 Electivesa) 0 CH 4. SITE DEVELOPMENT AND LAND USE 407.2.1 Flood hazard avoidance 0 0 407.2.2 Agricultural land 0 0 407.2.3 Wildlife corridor 0 0 407.2.4 Intill site 0 0 407.2.5 Brownfield site 0 0 407.2.6 Existing building reuse 0 0 407.2.7 Greenfield development 0 0 407.2.8 Greenfield proximity to development 0 0 407.2.9 Greenfield proximity to diverse uses 0 0 407.2.10 Native plant landscaping 0 0 407.2.11 Site restoration 0 0 407.3.1 Changing and shower facilities 0 0 407.3.2 Long term bicycle parking and storage 0 0 407.3.3 Preferred parking 0 0 407.4.1 Site hardscape 1 0 0 407.4.2 Site hardscape 2 0 0 407.4.3 Site hardscape 3 0 0 407.4.4 Roof covering 0 0 407.5 Light pollution 0 0 CH 5. MATERIAL RESOURCE CONSERVATION AND EFFICIENCY 508.2 Waste management (502.1 + 20%) 0 0 508.3(1 ) Reused, recycled content, recyclable, bio-based 0 0 and indiqenous materials (70%) 508.3(2) Reused, recycled content, recyclable, bio-based 0(2 Electives) 0 and indigenous materials (85%) 508.4.1 Service life - 100 year design life category 0 0 508.4.1 Service life - 200 year design life category o (2 Electives) 0 508.6.2 Interior adaptability 0 0 CH 6. ENERGY CONSERVATION, EFFICIENCY AND EARTH ATMOSPHERIC QUALITY 613.3 Project zEPI is at least 5 points lower than 0 0 required by Table 302.1. 613.3 Project zEPI is at least 10 points lower than o (2 Electives) 0 required by Table 302.1 613.3 Project zEPI is at least 15 points lower than o (3 Electives) 0 required by Table 302.1 613.3 Project zEPI is at least 20 points lower than o (4 Electives) 0 required by Table 302.1 613.3 Project zEPI is at least 25 points lower than o (5 Electives) 0 IGCC Public Version 2.0 Synopsis: Page 13 of 34 Section ' 613.3 ! 613.3 I 613.3 613.3 ! 613.3 ! 613.4 I 613.5 613.6 613.7 Description Check the corresponding box to indicate each project elective selected. I required by Table 302.1 . --------- Project zEPI is at least 30 points lower than re uired b Table 302.1 Project zEPI is at least 35 points lower than re uired b Table 302.1 Project zEPI is at least 40 points lower than . re uired b Table 302.1 Project zEPI is at least 45 points lower than required b Table 302.1 Project zEPI is at least 51 points lower than re uired b Table 302.1 Mechanical systems Service water heating Lighting systems Passive design o (6 Electives) 0(7 Electives) 0(8 Electives) 0(9 Electives) o (10 Electives) o Jurisdictional determination of availability o o o ! 710.2.1 i 710.2.1 710.3 710.4 710.5 710.6 710.7 I 710.8 I I 710.9 I I 710.10 I 1710.11 ~ CH 8 INDOOR ENVIRONMENTAL QUALITY AND COMFORT VOC emissions - flooring 0 I 809.2.1 809.2.2 809.2.3 809.2.4 ,809.3 809.4 CH 7. WATER RESOURCE CONSERVATION AND EFFICIENCY Fixture flow rates are one tier above that required 0 b Table 302.1 Fixture flow rates are two tiers above that re uired b Table 302.1. On-site wastewater treatment 0(2 Electives) o Non-potable outdoor water supply Non-potable water for plumbing fixture flushing Automatic fire sprinkler system Non-potable water supply to fire pumps Non-potable water for industrial process makeup water Efficient hot water distribution system Non-potable water for cooling tower makeup water Graywater collection o o o o o o o o o o o o o o Where multiple electives are shown in the table in the form "(x electives)" "x" indicates the number of credits to be applied for that elective to the total number of project electives required by the jurisdiction in Section 302.1(3) Of Table 302.1 ._--._._._-~-'---------o-----'---- VOC emissions - ceiling systems VOC emissions- wall systems o Total VOC limit o o Views to building exterior Interior plant density IGCC Public Version 2.0 Synopsis: Page 14 of 34 IGCC Public Version 2.0 Synopsis: Page 15 of 34 Section 304: Whole Building Life Cycle Assessment Section 304.1 is a project elective which encourages, but does not require, whole building life cycle assessment. Ther'f was much in depth discussion of life cycle assessment by the Sustainable Building Technology Committee (SBTC - the committee responsible for drafting the IGCC). In the end, the committee decided that, because life cycle assessment is an extremely complex issue with roots in scientific and technical issues which are only beginning to be explored, it was not ready iar inclusion as a mandatory provision in the IGCC at this time. Nonetheless, the committee also felt that there wac- great potential for life cycle assessment in the future and, therefore, decided to encourage its development by including a whole building life cycle assessment project elective In the code. To further encourage whole building life cycle assessmen'. awarded 5 project electives in Table 303.1 IGCC CHAPTER 4 OVERVIEW: SITE DEVELOPMENT AND LAND USE Chapter 4 contains requirements for the development and maintenance of buildings and building sites that are intended to promote natural resource conservation and environmentally responsible land use and development. Section 402 contains provisions designed to limit the impact of construction on site natural resources, · Prohibits construction in floodplains. (Section 402.2.1) · Prohibits construction within 50 feet of bodies of water and wetlands, with exceptions. (Section 402.2.2) · Prohibits construction within 50 feet of community designated "conservation areas" where indicated by the jurisdiction in Table 302.1. (Section 402.2.3) · Prohibits construction on park land and agricultural land unless the building serves a related purpose. (Sections 402.2.4 and 402.2.5) · Restricts construction on park land, agricultural land and greenfield sites where indicated by the jurisdiction in Table 302.1, with exceptions. (Sections 402.2.5 and 402.2.6) · Requires an inventory of site natural resources. (Section 402.3.1) · Contains requirements for stormwater management systems that are enforceable only where Indicated by the jurisdiction in Table 302.1. (Section 403.3.2) · Limits potable water use for landscape irrigation systems. (Section 402.3.3) · Requires that municipally reclaimed water, where available, or collected rainwater be used for outdoor fountains and water features. (Section 402.3.4) · Requires management of vegetation and soils and erosion control during construction. (Section 402.3.5) · Requires that at least 75 percent of land-clearing debris and excavated soils be recycled or salvaged. (Section 402.3.6) SECTION 403: TRANSPORTATION IMPACT Requires that walkways and bicycle paths connect streets or other paths to the building main entrance. (Section 403.1) IGCC Public Version 2.0 Synopsis: Page 16 of 34 · Requires changing and shower facilities for buildings over 10,000 square feet in area where the building is also required to be provided with long term bicycle parking and storage in accordance with Section 403.3. (Section 403.2) · Requires short term bicycle parking and long term bicycle parking and storage based on the use and occupancy of the building and the application ofTable 403.3. (Section 403.3) · Where indicated by the jurisdiction in Table 302.1, and where buildings have an aggregate area of over 10,000 square feet and an occupant load greater than 100, parking in preferred locations is required for high occupancy, low emission, hybrid and electric vehicles. (Section 403.4) SECTION 404: HEAT ISLAND MITIGATION · Projects located in Climate Zones 1 through 6 must implement heat island mitigation practices for at least 50 percent of site hardscape. (Section 404.2) · Projects located in Climate Zones 1 through 3 must implement heat island mitigation practices for at least 75 percent of roof surfaces. (Section 404.3) SECTION 405: SITE LIGHTING · Where indicated by the jurisdiction in Table 302.1, site light pollution control must be provided, with exceptions. SECTION 406: DETAILED SITE DEVELOPMENT REQUIREMENTS Section 406 provides detailed requirements for practices that are triggered by other sections in this chapter. Detailed requirements are provided for: · Subsurface graywater irrigation systems (Section 406.2, which also references various portions of Chapter 7, and Section 406.3), · Vegetation and soil protection (Section 406.4), · Soil use and restoration (Section 406.5), · Landscape, soil and water quality protection (Section 406.6) and · Vegetative roofs (Section 406.7). SECTION 407: PROJECT ELECTIVES See the portion of Table 303.1 under Chapter 4 for project electives related to site development and land use. IGCC CHAPTER 5 OVERVIEW: MATERIAL RESOURCE CONSERVATION AND EFFICIENCY Chapter 5 contains provisions that require and encourage building material conservation, resource efficiency and environmental performance. SECTION 502: MATERIAL AND WASTE MANAGEMENT · Requires that at least 50 percent of construction phase waste materials be diverted from landfills, and allows the jurisdiction to increase the materials required to be diverted to 65 percent or 75 percent in Table 302.1. (Section 502.1) IGCC Public Version 2.0 Synopsis: Page 17 of 34 . Requires that areas be provided in buildings for the storage of recyclable post construction phase waste materia!', (Section 502.2) . Requires that space be provided in buildings for the storage of discarded lamps, batteries, electronics and oth e~ items that require special disposal practices in the jurisdiction. (Section 502.3) SECTION 503: MATERIAL SELECTION . At least 55 percent of the total materials in each building project must be any combination of the following (Section 503.2): Used materials, c Recycled content materials (must contain at least 25 percent combined post-consumer and pre-consumer recovered material, and must be recyclable), Recyclable materials (with a minimum recovery rate of 30 percent), Bio-based materials (with at least 50 percent bio-based content), or c Indigenous materials (materials recovered, harvested, extracted and manufactured within 500 miles of the site, with special provisions for materials transported by water or rail). SECTION 504: LAMPS Section 504 sets maximum limits on the amount of mercury permitted in fluorescent lamps, SECTION 505: SERVICE LIFE Section 505 requires that a Building Service Life Plan be included in the construction documents for the project and provides detailed requirements for the plan. SECTION 506: MOISTURE CONTROL AND MATERIAL STORAGE AND HANDLING Materials stored on site during the construction phase must comply with the manufacturer's recommendations for storage and handling. Porous and fibrous materials must be protected from moisture during the construction phase. (Section 506.2) Inspections tied to Chapter 9 must be provided relative to various measures that are intended to mitigate moisture intrusion in buildings. (Section 506.3) IGCC SECTION 507: STRAWBALE CONSTRUCTION Detailed prescriptive and performance based requirements are provided for construction that utilizes strawbale as a building material. IGCC SECTION 508: PROJECT ELECTIVES See the portion of Table 303.1 under Chapter 5 for project electives related to material resource conservation and efficiency, IGCC Public Version 2.0 Synopsis: Page 18 of 34 IGCC CHAPTER 6 OVERVIEW: ENERGY CONSERVATION, EFFICIENCY AND ATMOSPHERIC QUALITY Chapter 6 requires that buildings and building sites be designed, constructed, commissioned and operated for the effective use of energy. (Section 601.1) In accordance with Section 601.3, all buildings and building sites must comply with the following requirements of the IECC regardless of the compliance path chosen: . Building envelope air leakage (Section 502.4) . Building mechanical systems (Section 503.2) . Service water heating equipment and piping insulation (Section 504) . Electrical power and lighting systems (Section 505) Compliance Paths (602.2) 1) For new, small buildings ($ 25,000 ft2) seeking a prescriptive-based solution is available (Section 602.2.1); 2) For new, large buildings (over 25,000 ft2) and small buildings seeking credit for unique energy parametrics the following energy compliance paths are available: a) Performance-based (zEPI, Section 602.2.2); b) Outcome-based (Annual Net Energy Performance, Section 602.2.3); or c) Energy Use Intensity-based (EUI, Section 602.2.4). 3) For additions to existing buildings, two paths are available based on building size or approach (Section 602.3); and 4) For alterations to existing buildings, energy used after the alteration must not exceed the energy used prior to alterations (Section 602.3). Compliance Paths in Detail (602.2, 602.3) 1) Prescriptive. This path is available for new, small buildings (::; 25,000 ft2). These buildings and sites: . Are deemed to have, a zEPI of 51, meaning that they are exempt from the lower zEPI values (higher energy performance thresholds) which may be required by the jurisdiction in Table 302.1 and in Table 602.1 under the "zEPI of Jurisdictional Choice" column. (Table 302.1, Section 602.1 and Table 602.1) . Must demonstrate compliance with Sections 604 through 612. (Sections 602.1 and 602.2.1) 2a) Performance-based (zEPI). This path is available for new, large buildings (over 25,000 ft2) and small buildings seeking credit for unique energy parametrics. Throughout Chapter 6, the Zero Energy Performance Index (zEPI) scalar is a central theme. In fact, the zEPI is used in association with Tables 302.1 and 303.1 to provide jurisdictions with a mechanism to establish a benchmark scalar for prescriptive designs and a performance scalar for large buildings (over 25,000 ft2) and smaller building designs seeking credit for unique energy parametrics. Thereby, the jurisdiction can elect to leave the values for energy performance at the default zEPI "point of entry" value of 51, or may specify lower zEPI values (higher energy performance) specific to building occupancy IGCC Public Version 2.0 Synopsis: Page 19 of 34 type. Note here that buildings complying with the 2006 InternatIOnal Enerqy Conservation Code (IEee) are deemed to have C' zEPI of 73. For large buildings and performance-based designs, Section 613.2 allows the Jurisdiction to indicate whether the zEPI scalar, the peak energy demand for the building, and carbon dioxide equivalent ((G,e) emissions must be periodically reported to the jurisdiction Though there are other factors that affect the value of zEPI, it is essentially calculated in accordance with Equation 6-3 as follows: zEPI = 57 x (PD - RE - WE) I RD (Equation 6-3) Where: PD = Total annual energy delivered to the proposed design and consumed on site, as determined in accordance with Section 603 RE = Total annual energy savings from renewable energy derived on site RD = Total annual energy used by a standard reference design, determined in accordance with Section 603 WE= Total annual energy savings from waste energy recovery PD, RE, RD and WE must be expressed in consistent units of energy in accordance with Section 603.1.1 Table 602.1 MAXIMUM ZERO ENERGY PERFORMANCE INDEX --:--- zEPI Point of Entry Building Occupancy Types zEPI of Jurisdictional Choice r, rrSlm _. ____-.L __.____ _ _. Assembly: Groups A-1, A-2, A-3, A-4, A-S Business: Group B Educational: Group E : ! Factory and Industrial: Groups F-1, F-2 High Hazard: Groups H-1, H-2, H-3, H-4, H-S --I i ~----. I Institutional: Groups 1-1, 1-2, 1-3. 1-4 ----.----------.--t------ I Mercantile: Group M Residential: Groups R-1, R-2, R-3, R-4 .-----.:-----". ---------;----------., --.--------1------.--------~ Storage: Groups 5-1, 5-2 Utility and Miscellaneous: Group U I a. Minimum acceptabie performance for all building types and sIZes D. Where the Junsdlction elects to adopt a greater threshold fOI energy efficiency, a ZEP' Jurisdictional Choice' shall only apply to buildings pursuing performance-based compliance Ir accordance with Section 602.2.2. Residential occupancies as regulated by thiS code In accordance with Section lCE.: IGCC Public Version 2.0 Synopsis: Page 20 of 34 A zEPI of 100 is intended to be indicative of the median energy use for similar commercial buildings constructed in the year 2000. Because studies have indicated that buildings constructed in accordance with the 2006 IECC consume approximately 27 percent less energy than buildings constructed and operated circa 2000, Section 602.2.1 deems buildings constructed in accordance with the 2006 IECC to have a zEPI of 73 (27 percent less than 100). As IGCC Public Version 2.0 is intended to require energy performance that is at least 30 percent better than buildings constructed in accordance with the 2006 IECC, a zEPI of 51 (30 percent less than 73) is deemed the "point of entry" to the provisions of IGCC Chapter 6 as indicated in Table 602.1. Thus, for new, large buildings (over 25,000 ft2) and sites and small buildings and sites seeking credit for unique energy para metrics, such buildings and sites must: . Achieve a zEPI scalar no greater than the "zEPI Point of Entry" applicable to the building occupancy type, or that which the jurisdiction indicates as its "zEPI of Jurisdictional Choice," whichever is more stringent (less). (Table 602.1 and Section602.2.2.1) o This requires the building and building site meet the minimum requirements of an IGCC-compliant standard reference design building constructed and operated circa 2000 without regard to technology choice in the proposed design. (Sections 202-ZERO ENERGY PERFORMANCE INDEX and 603.6) . Address peak energy demand in accordance with Section 506.4 of the IECC (Section 602.2.2.2) Achieve reduced annual C02e (AC02e) emissions in accordance with Section 602.2.2.3 AC02e emissions criteria for electric power delivered to the building at the utility meter make use of eGRID sub-regional grid loss factors; and for fuels such as natural gas, fuel oil, and propane, a U.S. average fuel energy conversion factor applicable to fuel type. . Comply with IGCC Sections 604, 605, 609.6, 610, 611 and 612. (Sections 602.2.2, 602.2.2.2 and 603.1.2) 2b) Outcome-based (Annual Net Energy Performance - ANEP). This path is available for new, large buildings (over 25,000 ft2) and small buildings seeking credit for unique energy parametrics. Accordingly, such buildings and sites must: . Achieve an ANEP no greater than the ANEP applicable to the building occupancy type, or that which the jurisdiction determines is applicable whichever is more stringent (lower) as indicated in Table 603.2(1). (602.2.3.1 and Table 603.2(1)) . Achieve a peak net energy demand (PNET) no greater than the PNET applicable to the building occupancy type, or that which the jurisdiction determines is applicable whichever is more stringent (lower) as indicated in Table 603.2(1). (602.2.3.2 and Table 603.2(2)) . Achieve reduced AC02e emissions in accordance with Section 603.2. AC02e emissions criteria for electric power delivered to the building at the utility meter make use of eGRID sub-regional grid loss factors; and for fuels such as natural gas, fuel oil, and propane, a U.S. average fuel energy conversion factor applicable to fuel type. (602.2.3.3 and Table 603.2(3)) . Be provided with a commissioning report is submitted to the jurisdiction as a condition of approval and as required by Section 612. (Sections 603.2.3 and 612) . Be provided with annual operational reports submitted to the jurisdiction as a condition of approval and as required by Section 612. (Section 603.2.4 and 612) . Demonstrate compliance with the following sections: o 604 (Energy metering monitoring and reporting) o 605 (Automated demand response infrastructure) and IGCC Public Version 2.0 Synopsis: Page 21 of 34 612 (Energy systems commissioning and completionl. (Section 602,23: 2c) Energy Use Intensity-based (EUI). This path is available for new, large buildings (over 25,000 fn and small buildings seeking credit for unique energy parametrics Accordingly, such buildings and sites must · Achieve an EUI that is in the top 10 percent of existing buildings in terms of energy performance, For building types that are eligible to a receive a score using the us. Environmental Protection Agency (EPA) Target Finder online tool, the building EUI must be less than or equal to the source energy use intensity needed to the building to achieve an EPA energy performance score of 90, For building types not covered by the Target Finder tool., the building must be designed to deliver an EUI that is at least 50 percent iower than the average EUI for a similar building as identified in the latest U.S. Department of Energy (DOE) Commercial Buildings Energy Consumption Survey (CBECS) . EUI is determined as follows: EUI = TAE/SF (where TAE = Total annual energy projected to be consumed on site, including renewable energy; and SF = building gross square footage) (Section 602.2.4.1) 3) Additions. For additions to existing buildings, select path 1) or 2) based on building size or approach (Section 602.3). (Section 602.3) 4) Alterations. For alterations to existing buildings, energy used after the alterations must not exceed the energy used priol- to the alterations. Documentation of energy performance for alterations shall be provided by one of the following means (Section 602.3): · Comparison of the actual energy used for a 12-month period prior to, and a 12-month period after the alteration is complete. (Section 602.3.1) · Measurement-based documentation by an approved agency that the energy use and demand patterns of the building after alteration do not exceed those prior to alteration. (Section 602.3.2) · Certification-based compliance by an approved agency by reason of measurement, simulation or comparative studies demonstrating that the building does not consume more energy than it did prior to alterations. (Section 602.3.3) Section 604, Energy Metering, Monitoring and Reporting, requires all buildings that consume energy, regardless of compliance path, have capabilities for energy measuring, monitoring and reporting, or incorporate features that readily facilitate those capabilities in the future. The intent is to provide building owners, operation and maintenance staff with information which they can use to verify that buildings perform, and continue to perform in accordance with the IGCe. It contains requirements pertaining to the following: . Energy distribution design and load type isolation to facilitate separate data collection for (Section 604.3): HVAC system total energy use (Section 604.3.1) Lighting system total energy use (Section 604.3.2) Building operations, including elevators, escalators, automatic doors, motorized shading systems, fountains, fireplaces, swimming pools and snow-melt systems (Section 604.3.3) Plug loads (Section 604.3.4) Process loads (Section 604.3.5) . Distinct energy metering for (Section 604,4): IGCC Public Version 2.0 Synopsis: Page 22 of 34 0 Gaseous fuels 0 Liquid fuels 0 Solid fuels 0 Electric power 0 District heating and cooling 0 Combined heat and power 0 Renewable and waste energy . Energy sub-metering for buildings> 25,000 ft2in gross floor area . Buildings $25,000 ft2 in gross floor area must provide for future energy sub-metering . All required meters and sub-meters must be capable of being connected to a data acquisition system . An energy display must be provided that is capable of showing the current energy demand for the whole building, updated for each fuel type at specified intervals, and the total energy use for the previous 18 months Section 605, Automated Demand Response (AUTO-DR) Infrastructure, requires building energy, HVAC and lighting systems and specific building energy-using components be provided with controls that respond to changes in energy demand by means of automated preprogrammed strategies. Software clients must be provided with the capability to communicate with a demand response automation server (DRAS). Section 606, Building Envelope Systems, establishes building envelope prOVISiOnS specific to buildings following the prescriptive based compliance path. It contains requirements pertaining to the following: . The provisions of IECC Tables 502.1.2, 502.2(1) and 502.3 must be exceeded by at least 10 percent based on building location and Climate Zone, except that maximum skylight area in roofs in Sky Type 'e' locations must not exceed 5 percent. (Section 606.1.1) . Shading devices for fenestration (Section 606.1.1.1) . Building envelope sealing and testing (Section 606.1.2.1) . Outdoor air intakes and exhaust openings to comply with Section 502.4.5 of the IECe. . Fireplaces to be provided with combustion air ducts and a means to tightly close-off the chimney flue and air outlets when the fireplace is not in use. (606.1.2.4) . Vestibules to separate conditioned spaces from exterior space. (Section 606.1.2.5) Section 607, Building Mechanical Systems, establishes building mechanical system provisions specific to buildings following the prescriptive-based compliance path. It contains requirements pertaining to the following: . HVAC equipment performance . Ventilation . Duct and plenum insulation, sealing and testing IGCC Public Version 2.0 Synopsis: Page 23 of 34 · HVAC piping Insulation · Economizers · Variable air volume (VAV) fan control · Kitchen exhaust systems · Laboratory exhaust systems · Control of HVAC in hotel/motel guest rooms Section 608, Building Service Water Heating (SWH) Systems, establishes building SWH system provisions specific to buildings following the prescriptive-based compliance path. It contains requirements pertaining to the following: · Service water heating equipment performance · Pools, hot tubs and spas · Snowmelt systems · Rough-ins for future solar hot water pre-heat (required) · Drain water energy recovery · Service water heating piping insulation · Circulation hot water systems Section 609, Building Service Water Heating (SWH) Systems, establishes building SWH system prOVISions for buildings following the prescriptive based compliance path. Buildings following the performance-based zEPI compliance path are required to comply with Section 609.6 only. It contains requirements pertaining to the following: · Sleeping unit controls · Interior light reduction controls · Exterior light reduction controls · Automatic daylight controls · Plug load controls · Fuel gas lighting systems · Electrical system efficiency . Exterior lighting · Verification of lamps and ballast installation Section 610, Specific Appliances and Equipment, establishes appliance and equipment provisions for all buildings and all compliance paths. It provides requirements related to the following: . Elevators IGCC Public Version 2.0 Synopsis: Page 24 of 34 . Escalators and moving walkways . Interior light reduction controls . Commercial food service equipment . Conveyors . ENERGY STAR appliances and equipment Section 611, Building Renewable Energy Systems, establishes minimum renewable energy source requirements for all buildings. It is applicable to all buildings that consume energy, regardless of compliance path. It requires that buildings use renewable energy sources to provide one of the following: . Two percent of total calculated annual energy use is provided by means of solar photovoltaic or wind. . Ten percent of annual estimated how water energy is provided by means of solar hot water heating Renewable energy systems must be monitored and metered in accordance with Sections 611.5 and 604. Section 612, Energy Systems Commissioning and Completion, establishes energy systems commissioning and completion requirements for all buildings that consume energy. These requirements must be met within 60 days of inspection and approval of the mechanical system. Measures include: . Mechanical systems commissioning and completion, including (Section 612.1): o Commissioning plan o Systems adjusting and balancing o Functional performance testing o Preliminary commissioning report o Completion requirements that must be included in the construction documents . Sequence of operation must be finalized upon commissioning. (Section 612.2) . Lighting and electrical systems commissioning and completion, including (Section 612.3): o Lighting pre-construction documentation o Verification of installation o Commissioning o Post-commissioning documentation o Post occupancy commissioning . Building envelope systems commissioning and completion requirements, including (Section 612.4): o Pre-construction documentation, building thermal envelope o Verification of installation IGCC Public Version 2.0 Synopsis: Page 25 of 34 Section 613.2 contains requirements determined bv the jUf'lSdlctlOn anc DroJeC! electIVes. It contains provision' reporting of zEPI, energy demand and CO,e emiSSions, Reporting is required on!v where the jUrisdiction has Indicatec ',( Table 302.1. The remainder of Section 613 contains project electives 'elated to energy conservation, efficiency anc atmospheric quality, See the portion of Table 303..1 under Chaoter 6 for a list and description of these project elective.'. IGCC CHAPTER 7 OVEVIEW: WATER RESOURCE CONSERVATION AND EFFICIENCY Chapter 7 requires and encourages the conservation of water used indoors, outdoors and in wastewater conveyance. It begins by providing prescriptive maximum flow rates for fittings and fixtures in Table 702.1, some of which are reduced as compared to those in the International Plumbing Code (IPC). It then requires compliance with a two step performance-based method for determining fixture and fitting flow rates. Step 1 of the performance-based method requires that the designer use Table 702.1.1(1) to determine an approximation of total daily water use in gallons per day, as calculated based on the occupant load of the building and using fixture flow rates that are identical to those in the IPC Step 2 then requires the designer to enter reduced fixture flow rates/volumes in Table 702.1.1(2) so that the total design water use is at least 20 percent less than the total reference water use determined by Table 702.1.1(1). This means that the fitting and fixture flow rates in the IGCC are a reduction of at least 20 percent as compared to the IPC Section 702.1.2 allows the jurisdiction to require additional fitting and fixture flow rate reductions to either 30 percent (Tier 1) or 40 percent (Tier 2), based on the performance based method described above, by indicating so in Table 302.1. Section 702 also contains specific requirements for · Combination tub/shower valves · Food establishment pre-rinse spray heads · Drinking fountain controls · Non-water urinal connections · Appliances (clothes washers, ice makers, food steamers and dishwashers) · Municipal-reclaimed water . Efficient hot water distribution systems · Makeup water supply . Water powered pumps · Food service handwashing faucets . Dipper Wells · Automated and self-service vehicle wash facilities . Spa covers · Swimming pool covers and splash troughs IGCC Public Version 2.0 Synopsis: Page 26 of 34 . Food water disposers . Combination ovens . Autoclaves and sterilizers . Liquid ring vacuum pumps . Film processors Section 703 regulates water in: . Hydronic closed systems . Humidification systems . Condensate coolers (tempering) . Condensate drains (recovery) . Heat exchangers . Humidifier discharge . Cooling towers, evaporative condensers and fluid coolers . Wet-hood exhaust scrubber systems Section 704 regulates water softeners and reverse osmosis water treatment systems. Section 705 contains specific requirements for indoor ornamental fountains, water features and water metering. Section 706 contains sign age and water quality requirements for non-potable water systems. Sections 707, 708 and 709 contain detailed requirements for the construction of: . Rainwater collection and distribution systems, . Graywater systems and . Reclaimed water systems, respectively. Section 710 contains project electives related to water resource conservation and efficiency. See the portion of Table 303.1 under Chapter 7 for project electives related to water resource conservation and efficiency. IGCC CHAPTER 8 OVERVIEW: INDOOR ENVIRONMENTAL QUALITY AND COMFORT The provisions of Chapter 8 are intended to reduce the quantity of building indoor air contaminants and other pollutants, including those that are odorous, irritating, or harmful, and to provide an interior environment that is healthy and conducive to the well-being of building occupants, neighbors and construction personnel. Section 801.2 requires that an indoor air quality management plan be developed to address methods intended to be used to comply with Sections 802 through 805. IGCC Public Version 2.0 Synopsis: Page 27 of 34 Section 802, Building Construction Feature:, Operation'" ana Maintenance ':acilitation ;,:ontaln" requirements "H' following: · Air handling system access, · Durability and c1eanability of air handling and airstream surfaces and . Air handling system filters. Section 803, HVAC Systems, contains requirements for: · Construction phase duct openings, indoor air quality and ductless systems or filters; · Temperature and humidity (must comply with ASHRAE 55); · Prohibition of smoking in all buildings regulated by the IGCC: · Isolation of pollutant sources in print, copy and janitorial rooms and garages; and · Ductless system filters. Section 804 contains indoor air quality and pollutant control requirements for · Fireplaces and appliances, . Radon mitigation and . Building flush out. . Entry mat systems Section 805 prohibits the use of asbestos in building construction Section 806 contains material emissions and pollutant control requirements for . Interior pressed wood (formaldehyde emissions limits) . Adhesives and sealants · Architectural paints and coatings . Flooring · Acoustical ceiling tiles and wall systems . Insulation Section 807 regulates the following in buildings and tenant spaces: . Exterior sound transmission . Interior sound transmission · Mechanical and emergency generator equipment and systems sound transmission and background sound . Special inspections for sound transmission IGCC Public Version 2.0 Synopsis: Page 28 of 34 Section 808 contains requirements for the daylighting of interior spaces, including both prescriptive and performance based methods. Section 809 contains project electives related to indoor air quality and environmental comfort. See the portion of Table 303.1 under Chapter 8 for a list these project electives. IGCC CHAPTER 9 OVERVIEW: COMMISSIONING, OPERATION AND MAINTENTANCE Chapter 9 is intended to facilitate the pre- and post- occupancy commissioning, operation and maintenance of buildings constructed in accordance with the IGCe. (Section 901.1) Section 902, Approved Agency, and Section 903, Commissioning, are modeled after special inspections criteria in Chapter 17 of the IBC and commissioning criteria found in the IECC, respectively. Table 903.1 includes an extensive list of items for which commissioning is required. The table contains columns that distinguish between pre- and post-occupancy commissioning. IGCC commissioning requirements extend well beyond the energy realm and include, but are not limited to, requirements related to site, materials and water. Table 903.1, Commissioning Plan, requires commissioning regarding various aspects of the following: . Site/land use (Chapter 4): o Natural resources and baseline conditions of the building site (Section 402.3.1) o Landscape irrigation systems (Sections 402.3.3 and 406.6) o Topsoil and vegetation protection measures (Section 402.3) o Imported soils (Section 402.3.5.5) o Soil restoration and reuse (402.3.5.4) o Soil percolation test (Section 406.2.2) o Stormwater management system operation (Section 402.3.2) o Erosion and sediment control (Section 402.3.6) o Hardscape and shading (Section 404.2) o Vegetative roofs and terraces (Section 404.3.2) o Site lighting (Section 405) . Materials (Chapter 5): o Foundation sub-soil drainage system (Section 506.3 and IBC Ch 18) o Foundation damp-proofing and water-proofing (Section 506.3 and IBC Chapter 18) o Flashing at windows, exterior doors, skylights, walls and drainage systems (Section 506.3 and IBC Chapter 14) o Exterior wall coverings (Section 506.3 and IBC Chapter 14) IGCC Public Version 2.0 Synopsis: Page 29 of 34 · Energy (Chapter 6): Energy consumption, monitoring, targeting and reportmg (Sections 604 and 611! HVAC system balancing (Section 612.1.::'.1) Hydronic system balancing (Section 612.1.2.2) Duct system testing (Section 613.5.3) Mechanical system manuals (Section 612.1.5.2) Mechanical system commissioning noted on plans, outcomes documented, prepared and available (Sections 612.1,612.1.1 and 612.1.2) Functional performance testing of HVAC equipment (Sections 612.1.3 and 612.1.3.2) (' Preliminary commissioning report (Section 612.1.4) Acceptance of HVAC systems and equipment/system verification report (Section 612.1.4) c Preparation and distribution of final HVAC completion documentation (Section 612.1.5) · Lighting (Chapter 6): Functional testing of lighting auto demand reduction system and plug load controls (Section 605.4 and 609.6) c Visual inspection of the connection of appliances to switched receptacles (Section 608.8.3) Verification that transformer nameplate efficiency ratings are as specified (Section 609.8.1) Verification of lamps and ballast (Section 609,10) Calculations revised to represent the building as constructed (Sections 602 and 603) Occupant sensor, automatic daylight, time switch, dimming systems and multi-level scene controls (Section 608.12) Captive key control devices (Section 608.12) . Water (Chapter 7): Water quality tests for rainwater and graywater systems (Sections 707.16.1 and 708.13.8) . Indoor Environmental Quality and Comfort (Chapter 8): Airhandling system access and filters (Sections 802.2 and 802,4) Temperature and Humidity (Section 803.2) Fireplaces and combustion appliances (804.1) Radon mitigation system (804.2) Mechanical and emergency generator equipment located outside of buildings (807.5.1i IGCC Public Version 2.0 Synopsis: Page 30 of 34 o HVAC background sound (807.5.2) Section 904.3 requires that building operations and maintenance documents, consisting of manufacturer's specifications and recommendations, programming procedures and data points, narratives, and other means of illustrating to the owner how the building, site and systems are intended to be maintained and operated, be included in the construction documents for the project. In addition, a copy must also be in the possession of the owner or occupant, and a copy must remain in the building throughout its life. Operations and maintenance information related to Chapters 4, 5, 6, 7 and 8 is outlined and required to be included in the documents. In addition, Section 904.4 requires that a building owner education manual be created to inform the building owner and maintenance and operation staff as to the performance goals and reasoning behind the buildings features and systems design. A copy of the building owner education manual must also be in the possession of the owner and an additional copy must remain in the building throughout its life. Where the jurisdiction indicates so in Table 302.1, a periodic report confirming that the building is maintained and operated at the level of performance required by the approved construction documents is required. IGCC CHAPTER 10 OVERVIEW: EXISTING BUILDINGS Section 1002.1 of the IGCC prohibits the construction of additions to buildings that are located in flood hazard areas, except where all habitable space is located at least 1 foot above flood elevation. Many of the provisions for existing buildings in the IGCC are loosely based on the provisions of the International Building Code (IBC). In essence, whatever is altered must be brought into conformance with the requirements of the current code, as applicable to that component, assembly or system. Whatever is not changed or altered is permitted to remain as is. Additions are treated much like new construction: the applicable requirements of the code must be satisfied. The IGCC, however, takes additional steps. First, the IGCC requires that any existing building that undergoes alterations or additions, even if they are of a minor nature, comply with the basic minimum energy and HVAC requirements listed in Sections 1003.2.1, 1003.2.2 and 1003.2.3, except where the code official determines that they are technically infeasible, where materials or systems are concealed, or where a tenant does not have control over complete systems. Section 1004.1 also requires compliance with these provisions for any change of occupancy, including to a "less hazardous" occupancy and Section 1006.3 requires compliance within 1 year of the sale of a building or portion thereof. The following is a summary of these mandatory requirements: . Non-functioning thermostats must be repaired or replaced . Leaking accessible air supply and return ducts must be sealed with approved sealants . Outdoor air dampers, damper controls and linkages controlled by HVAC units must be in good repair and adjustment . Hot water and steam leaks, defective steam traps and radiator control, relief, and vent valves are not permitted in any accessible piping . Leaking accessible chilled water lines and equipment must be repaired or replaced . Defective hot and cold service water system piping and equipment must be repaired or replaced. . There must be no leaks in any accessible hot and cold water pipes. . There must be no leaks in compressed air or pumped water systems. IGCC Public Version 2.0 Synopsis: Page 31 of 34 In addition to the mandatory requirements, the IGCC uses a scenano slmila" 10 that used for accessibliity In the IBC. that 10 percent of the cost of alterations be allocated toward the preparation of an energy audit report and energy ancl mechanical system improvements. The energy and mechanicai system Improvements are selected from the extensive list provided Sections 1003.3.1 through 1003.3.10. Listed mechanical system Improvements Include the following (compliance IS not required for everything listed, but at least 10% of the cost of the alteration must be allocated to any combination of tnese items): · The installation of a metering device for at least one system or piece of equipment, as selected from a liS: of 11 types of equipment and systems · Heating, ventilation and air conditioning systems and equipment must be in accordance with the following: o HVAC time clock and time switch controls required under certain conditions Functional outdoor air economizers required on cooling systems over certain capacity thresholds c HVAC piping and ducts insulated to R-values In accordance with the IGCC Furnace combustion units, boilers and chiller systems cleaned and tuned within one year prior to alteration Chillers equipped with an outdoor air lockout thermostat and chilled water reset control o Phase out plan required for CFC refrigerants o Building automation system required under specific conditions · Water heater and hot water storage tanks insulation upgraded to at least R-16. · Hot and cold water supply and distribution pipes insulated to R-values as specified in the IGCC. · In Seismic Design Categories D, E and F, water heater and water storage tanks with a tank capacity of thirty gallons or greater strapped or otherwise secured to a wall, floor, ceiling, or other object that itself is adequately secured to a wall, floor, or ceiling. · Water, gas and overflow pipes connected to water tanks must be secured similarly to above. · Gas water heaters provided with a flexible gas line entering the appliance · Circulating pump systems for hot water supply purposes other than comfort heating controlled in accordance with Section 608.8. · Showerhead, water closet, urinal and faucet flow rates in accordance with the IGCC, with consideration given for sanitary drainage requirements. · Lighting systems and equipment upgraded in accordance with Sections 505.2.2.3 and 505.2.4 of the IECC · Commercial refrigeration equipment cleaned and tuned for efficiency. · Motor-driven equipment filters cleaned or replaced and belts and other coupling systems verified to be in good repair · Swing pools and spas: equipped with covers; recirculation pumps under timeclock control; and heaters cleaned and tuned. · Unconditioned attics insulated to the minimum R-value required by the IGCC. IGee Public Version 2.0 Synopsis: Page 32 of 34 . Asbestos-containing products identified and removed in accordance with ASTM E2356 and ASTM E 1268 Section 1006.2 requires at least 50 percent of waste materials resulting from the demolition of existing buildings, or portions of existing buildings, be diverted from landfills. Section 1006.4 contains requirements and exceptions that are specifically designed to facilitate the evaluation of existing buildings in accordance with the requirements of the code in a comprehensive manner, similar to that which is applied to new buildings, and allows the jurisdiction to certify those buildings. Rather than simply taking the "if it isn't touched it doesn't have to be fixed" approach alluded to earlier, Section 1006.4 contains unique provisions designed to encourage the owners of existing buildings to bring their buildings into full compliance with the code, demonstrate such compliance, and be recognized and certified for doing so. By indicating their intent to enforce Section 1006.4 in Table 302.1, jurisdictions agree to offer the option to owners of existing buildings to have their building evaluated in accordance with the requirements of the IGCe. By means of this section, owners are not forced to have their existing buildings evaluated, they are simply encouraged to voluntarily do so. While it may seem strange that anyone would want to voluntarily subject their existing building to the requirements of a new code, it is beneficial to owners of existing buildings who wish to use their building's conformance with the green and sustainable requirements of the IGCC as a marketing tool. Wherever the IGCC is adopted, owners of existing buildings will often need to compete in the real estate marketplace against other recently constructed buildings which comply with a green or sustainable code or program and have the ability to advertise that fact in their marketing materials. IGCC CHAPTER 11 OVERVIEW: EXISTING BUILDING SITE DEVELOPMENT Chapter 11 covers much of the information already covered in Chapter 10, except that it covers the material with respect to existing building sites, as opposed to existing buildings. Chapter 11 addresses existing building landscaping, site hardscape and surface vehicle parking, as well as other items related to Chapter 4, Site Development and Land Use IGCC CHAPTER 12 OVERVIEW: REFERENCED STANDARDS Chapter 12 lists the standards that are referenced in various sections of the IGCC, including the agency that promulgated it, the standard's identification, effective date, full title and the sections or sections of the IGCC that reference it. Latest editions of all standards will be referenced, consistent with referenced standards in other I-Codes. IGCC APPENDIX A OVERVIEW: OPTIONAL ORDINANCE In addition to including key elements of a code adoption ordinance, including the information required for insertion into the code text, this optional ordinance is intended to open a dialogue among stakeholders and to give jurisdictions a place to start a fiscal and evidentiary-based adoption structure. It utilizes performance bonding requirements that are tied to the compliance verification process. The bonding requirement is designed to ensure that the project complies with the IGCe. Bond amounts are set as a percentage of total cost of the building, based on local economic and geo-centric requirements overseen by jurisdictional authorities, and the bond is held by the jurisdiction. IGCC Public Version 2.0 Synopsis: Page 33 of 34 IGCC APPENDIX B OVERVIEW: GREENHOUSE GAS REDUCTIONS IN EXISTING BUILDINGS Appendix B provides the basis and establishes targets that are Intended to enable Jurisdictions to reduce greenhouse gas (GHG) emissions In existing buildings. Note that, as true of all appendices, Appendix B is enforceable only where speciflcallv adopted. The jurisdiction is directed to select Phase 1, 2, 3 or 4 as the required level of compliance. Where a higher phase is selected, all lower phases are also applicable. Phase 1 requires that owners of existing buildings and tenant spaces greater than 5,000 square feet develop a greenhouse gas inventory to calculate the carbon footprint of the building or tenant space. This must be done within a specific time frame from the date of adoption of Appendix B, as specified by the jurisdiction. The carbon footprint must be calculated using the industry protocols listed, or other protocols approved by the code official. Phase 2 requires that the owners of existing buildings develop 0 plan to reduce the carbon footprint of their buildings by an amount which the jurisdiction specifies. Note that there is no requirement to implement the plan, the requirement is Simply to develop it. Phase 3 requires that the owners of existing buildings actually implement the plan they developed In phase 2, and that semi- annual reports be filed by the owner to identify progress being made toward fulfillment of the plan Phase 4 requires that the owners of existing buildings continue to reduce GHG emissions each by an amount specified by the jurisdiction. Section B104 lists GHG reduction methods, including energy efficiency measures and the use of renewable energy. (Appendices are enforceable only where specifically adopted.) IGCC APPENDIX C OVERVIEW: SUSTAINABILlTY MEASURES Appendix C contains additional sustainability requirements for existing buildings. These requirements address water, energy and material conservation and indoor environmental quality. They are applicable only to non-residential buildings that exceed 5,000 square feet. (Appendices are enforceable only where specifically adopted.) IGCC APPENDIX D OVERVIEW: ENFORCEMENT PROCEDURES Appendix D supplements the provisions of Chapter 1. It contains enforcement procedures designed to ensure the continued compliance of buildings, structures and building sites constructed under the IGCC. It addresses public health, safety and welfare and protection of the environment insofar as they are affected by the continued occupancy and maintenance of buildings and building sites. Existing buildings, structures and building site improvements that do not comply with these provisions are required to be altered or repaired to restore compliance with the IGCC. (Appendices are enforceable only where specifically adopted.) IGCC Public Version 2.0 Synopsis: Page 34 of 34