green building codes –what do they mean for construction in san francisco?

Green Building Codes – What Do They Mean for Construction in San Francisco?

Presented by: Raymond Buddie, Esq.Allen Matkins Leck Gamble Mallory & Natsis LLP

www.allenmatkins.com

Topics

• The Green Building Codes

• What Types of Projects Will Be Affected?

• What Will Compliance Cost?

• When Will the New Building Codes Take Effect?

• How Will Incentives Be Implemented?


The California Green Building Code

Overview

July 2008: California adopted first set of statewide "green" building codes in nation – known as "California Green Building Standards Code”

Initially voluntary

Define minimum standards but localities can adopt more stringent standards

Defines “green building” as a holistic approach to design, construction and demolition that minimizes the building’s impact on the environment, the occupants and the community


Purpose of the State Code

To improve the health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a positive environmental impact and encouraging sustainable construction practices in the following categories:

–Planning and design

–Energy efficiency

–Water efficiency and conservation

–Material conservation and resource efficiency

–Environmental air quality


What agencies have authority?

The new code contains building standards applicable to occupancies which fall under the authority of different state agencies

–California Building Standards Commission

–Department of Housing and Community Development

–Division of the State Architect

–Office of Statewide Health Planning and Development


Which provisions apply?

• Establish the type of occupancy• Verify which state agency has authority for the established

occupancy• Find the application matrix for the applicable agency in

Chapter 11• The application matrix lists the green building measures

adopted, provides the effective date and gives additional information regarding green building measures applicable to the established occupancy


Scope of regulations

• Buildings shall be designed to include the green building measures specified as mandatory in the application matrices in Chapter 11 of the code.

• Voluntary green building measures may be included but are not required.


APPLICATION MATRIX FOR HOUSING CONSTRUCTION

(Dept. of Housing & Community Development)

GREEN BUILDING MEASURE REQUIRED VOLUNTARY PLANNING AND DESIGN Site Development (406)

406.2 A plan is developed and implemented to manage storm water drainage during construction. 2010 CBC1

ENERGY EFFICIENCY Performance Approach. (503)

503.2 Minimum requirements. Low-rise residential buildings shall meet or exceed the minimum standard design required by the California Energy Standards currently in effect.

2010 CBC1

Prescriptive Approach. (504)

504.6 Minimum requirements. Low-rise residential buildings shall meet or exceed the minimum standard design required by the California Energy Standards currently in effect.

2010 CBC1

AIR SEALING PACKAGE (504)

506.1 Joints and openings. Joint and other openings at the following locations:

1. Exterior joints around window and door frames, including doors between the house and garage, between interior HVAC closets and unconditioned space, between attic and underfloor access and conditioned space and between wall sole plates, floors, exterior panels and all siding materials. 2. Openings for plumbing, electrical and gas lines in exterior walls and interior wall, ceilings and floors. 3. Openings into the attic. 4. Exhaust ducts from clothes dryers and other exhaust fans shall have a damper. 5. Cuts or notches in exterior wall plates.

2010 CBC1

506.1.1 Other openings. Whole house fan louvers shall close tightly and be insulated or covered to a minimum of R-4.2.

WATER EFFICIENCY AND CONSERVATION Indoor Water Use (603)

603.2 Indoor water use shall be reduced by 20% using one of the follow methods.

1. Water saving fixtures or flow restrictors shall be used. 2. A 20% reduction in baseline water use shall be demonstrated.

7/01/2011

603.2.1 Multiple showerheads shall not exceed maximum flow rates. 7/01/2011

MATERIAL CONSERVATION AND RESOURCE EFFICIENCY Construction Waste Reduction, Disposal and Recycling (708)

708.3 A minimum of 50% of the construction waste generated at the site is diverted to recycle or salvage. Exception: Alternate waste reduction methods are developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist.

2010 CBC1


Building Maintenance and Operation (710)

710.2 An operation and maintenance manual shall be provided to the building occupant or owner. 2010 CBC1

INDOOR ENVIRONMENTAL QUALITY Pollutant Control (804)

804.3 Duct openings and other related air distribution component openings shall be covered. 2010 CBC1

804.4.1 Adhesives shall be No- or Low-VOC. 2010 CBC1

804.4.2 Paints, stains and other coatings shall be No- or Low-VOC. 2010 CBC1

804.4.3 Carpet and carpet systems shall be Low-VOC. 2010 CBC1

804.4.4 Particleboard, medium density fiberboard (MDF), and plywood used in interior finish systems shall comply with low formaldehyde emission standards.

2010 CBC1

Interior Moisture Control (805)

805.2 Vapor retarder and capillary break is installed at slab on grade foundations. 2010 CBC1

805.3 Moisture content of wood used in wall and floor framing is checked before enclosure. 2010 CBC1

Air Quality and Exhaust (806)

806.3 Exhaust fans which terminate outside the building are provided in every bathroom. 2010 CBC1

806.4 MERV 6, or higher filters are installed on central air and heating systems. 2010 CBC1

1 Unless specified otherwise, this measure shall become effective on the effective date of the 2010 California Building Code


Housing construction example

• Indoor water use shall be reduced by 20%

• A minimum of 50% of the construction waste generated at the site must be diverted to recycle or salvage

• Exhaust ventilation fans for every bathroom and high-efficiency filters on all air-duct systems are required

• Vapor barriers required under foundation slabs


San Francisco Green Building Code

• New legislation adds Chapter 13C to the San Francisco Building Code

• Chapter 13C will implement the recommendations of Mayor Gavin Newsom’s Task Force on Green Building

– In 2007, the Task Force on Green Building was established to advise and recommend how to improve the quality and increase thenumber of green buildings in San Francisco

• Chapter 13C will impose green building requirements on newly constructed buildings, including privately-owned buildings

• Buildings must achieve certain ratings in accordance with LEEDor GreenPoints


LEED: Leadership in Energy and Environmental Design• Voluntary building certification program created by the United States

Green Building Council (USGBC) to provide standards for what constitutes a “green” building

• Nationally accepted benchmark• Rates buildings in five key areas:

– Sustainable Site Development– Water Efficiency– Energy Efficiency– Materials Selection– Indoor Environmental Quality

• Within each area, points are earned for satisfying specific performance-oriented criteria

• Four categories: Certified, Silver, Gold or Platinum • Projects must be registered with the USGBC to earn LEED certification


GreenPoint Rated System

• The GreenPoint Rated standard is a residential green building rating system, checklist and certification methodology of the non-profit organization “Build It Green”

• An alternative to LEED for newly constructed single-family homes and multifamily homes in California

• Similar to LEED, GreenPoint Rated homes achieve points and are graded on five key areas:

–Energy Efficiency–Resource Conservation–Indoor Air Quality–Water Conservation–Community


SF Green Building Code Chapter 13C

• Establishes increased minimum energy efficiency standards within the City and County of San Francisco for certain new construction, additions and alterations

• Intended to supplement the 2005 California Building Energy Efficiency Standards, as specified in California Code of Regulations, Title 24, Parts 1 and 6

• Intent: To promote the health, safety and welfare of San Francisco residents, workers and visitors by minimizing the use and waste of energy, water and other resources in the construction and operation of buildings

• Provisions are mandatory


What projects are within the scope of the SF Code?

• Newly constructed “Group R” (i.e. residential) occupancy buildings

• Newly constructed commercial buildings of “Group B or M” occupancies that are 5,000 gross square feet or more

• New first-time build-outs of commercial interiors that are 25,000 gross square feet or more in Group B or M occupancy buildings

• Major alterations that are 25,000 gross square feet or more in existing buildings of Group B, M, or R occupancies


What projects are exempted from the SF Code?

• SF projects, which are subject to Chapter 7 of the San Francisco Environment Code

–Chapter 7, enacted in 2004, requires all new construction and major renovations on municipal buildings over 5,000 square feet to achieve a LEED Silver certification

• Any new building in which laboratory use of any occupancy classification is the primary use

• Any building undergoing renovation in which the area of renovation will be primarily for laboratory use of any occupancy classification


Other exemptions from the SF Code

• Hardship or Infeasibility– Director of Building Inspection may grant an exemption if a permit

applicant for a project believes that circumstances exist that make it a hardship or infeasible to fully meet the requirements of Chapter 13C

– Director shall determine maximum feasible number of credits or other compliance reasonably achievable for the project

– If exemption is granted, applicant must achieve number of credits or compliance that Director determines to be achievable

• Historic Structures– Director may grant an exemption for a historic structure if it is

determined that compliance would impair the structure’s historicintegrity


Requirements applicable to all buildings within the scope of Chapter 13C

• Solar Electric Systems– The installation must meet all installation criteria in the California Energy

Commission’s Guidebook• Stormwater

– Stormwater management shall meet the “Best Management Practices” and “Stormwater Design Guidelines” of the SFPUC, and shall meet or exceed certain applicable LEED guidelines

• Solid Waste– Areas provided for recycling, composting and trash storage, collection and

loading, including chute systems, must be designed for equal convenience for all users to separate those three material systems, and must provide space to accommodate a sufficient quantity and type of containers to be compatible with current methods of collection

• Building Demolition– If construction of a new building is proposed within five years of the

demolition of an existing building on the site, additional requirements apply


Requirements for New Group R Buildings

• New Small and Mid-size Residential Buildings – Upon operative date of the ordinance, permit applicants must submit a

GreenPoints Checklist, but no points are required to be achieved at that time– Effective January 1, 2009, new small and midsize residential buildings must

achieve a minimum of 25 “GreenPoints”– Amount of GreenPoints required increases over time. By January 1, 2012,

applicants for small and mid-size residential buildings must achieve a minimum of 75 GreenPoints

• New High-Rise Residential Buildings– Upon operative date of the ordinance, permit applicants must submit

documentation to achieve LEED “Certified” certification or alternatively, must achieve minimum of 50 GreenPoints

– Effective January 1, 2010, applicants must be LEED “Silver” Certified or alternatively, must achieve minimum of 75 GreenPoints


Requirements for New Group B and M Occupancy Buildings

• New Mid-size Commercial Buildings– Upon operative date of the ordinance, permit applicants must submit

LEED Checklist, but no points are required to be achieved at that time

– Effective January 1, 2012, applicants must submit documentation to verify renewable on-site energy or purchase energy credits

• New High-Rise Commercial Buildings– Upon operative date of the ordinance, permit applicants must

submit documentation to achieve LEED “Certified” Certification– Effective January 1, 2009, must achieve LEED “Silver” rating– Effective January 1, 2012, must achieve LEED “Gold” rating– Effective January 1, 2012, permit applicants must submit

documentation to verify achievement of renewable on-site energy or purchase of green energy credits


Requirements for New Large Commercial Interiors and Major Alterations to Existing Buildings• “New Large commercial interiors” means first-time tenant improvements

where areas of construction are over 25,000 square feet in Group B or M buildings

• “Major alterations” means alterations where interior finishes are removed and significant upgrades to structural and mechanical, electrical and/or plumbing systems are proposed where the areas of such construction are 25,000 square feet or more

• Upon operative date of ordinance, permit applications for such construction must submit documentation to achieve LEED “Certified” Certification

• Effective January 1, 2009, must achieve a LEED “Silver” rating• Effective January 1, 2012, must achieve a LEED “Gold” rating• Upon operative date of the ordinance, permit applicants for alterations

must submit documentation to verify use of low-emitting materials under LEED


Phase-in and goals

• Requirements are phased in over a five-year period beginning 90 days after the ordinance is adopted by the Board of Supervisors and signed by the Mayor

• By 2012, the ordinance expects to, among other things: –reduce CO2 emissions by 60,000 tons–save 100 million gallons of drinking water–reduce wastewater and storm water by 90 million gallons of

water–reduce construction and demolition waste by 700 million

pounds–increase valuations of recycled materials by $200 million–reduce automobile trips by 540,000


New California Academy of Sciences Building


New California Academy of Sciences Building

• Scheduled to open September 27, 2008

• LEED “Platinum” Certification

• The 2.5 acres of living roof will absorb nearly 2 million gallons of rainwater per year

• Solar panels surround the living roof and will provide up to 10% of the Academy’s electric need

• Expansive, floor-to-ceiling walls of glass allowing 90% of building’s interior offices to use natural lighting

• Radiant heating system in museum’s floors will reduce building’s energy need by 10% annually


New San Francisco Public Utilities Commission Headquarters


New San Francisco Public Utilities Commission Headquarters

• 12-story building that will incorporate advanced design concepts including natural ventilation and daylighting

• Goal: LEED “Platinum” Certification

• Sustainable strategies include thermal shafts and chilled ceilings

• Recycled materials originating from the demolition of the existing building will be used for construction

• Construction has not started yet


State Code: What types of projects will be affected?

• State-owned buildings and buildings where no state agency has authority to adopt building standards

• State-owned buildings, including buildings constructed by the Trustees of the California State University, and buildings designed and constructed by the Regents of the University of California and all occupancies where no state agency has the authority to adopt building standards applicable to such buildings

• Housing construction• Low-rise residential buildings constructed throughout the State of

California, including, but not limited to: hotels, motels, lodging houses, apartment houses, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilet or cooking facilities


State Code: What types of projects will be affected?

• Public schools• Public elementary and secondary schools, community college buildings

and state-owned or state-leased essential buildings regulated by the Division of the State Architect

• Historical buildings• Qualified historical buildings and structures and their associated sites

regulated by the State Historical Building Safety Board within the Division of the State Architect

• Hospitals and care facilities• General acute care hospitals, acute psychiatric hospitals, skilled nursing

and/or intermediate care facilities, clinics licensed by the Department of Public Health and correctional treatment centers regulated by the Office of Statewide Health Planning and Development

• Other • Graywater systems regulated by the Department of Water Resources


SF Code: What types of projects will be affected?

• Most new construction in San Francisco–Newly constructed residential buildings

• New small residential buildings• New mid-size residential buildings• New high-rise residential buildings

–Newly constructed commercial buildings that are 5,000 gross square feet or more

• New mid-size commercial buildings• New high-rise commercial buildings


SF Code: What types of projects will be affected?

–Large commercial interior renovations• First-time tenant improvements where areas of construction are

over 25,000 gross square feet

–Major alterations to existing commercial buildings• Alterations where interior finishes are removed and significant

upgrades to structural and mechanical, electrical and/or plumbing systems are proposed where areas of such construction are 25,000 gross square feet or more


SF Code: What types of projects will notbe affected?

• Projects subject to Chapter 7 of the San Francisco Environment Code

–Chapter 7 requires all new construction and major renovations on municipal buildings over 5,000 square feet to achieve a LEED Silver certification from the USGBC

• Laboratory primary use projects–Any new building in which laboratory use of any occupancy

classification is the primary use–Any building undergoing renovation in which the area of

renovation will be primarily for laboratory use of any occupancy classification


What will compliance cost?

Higher Upfront Construction Costs• Green building requirements might mean higher upfront

construction and renovation costs in the short term–Estimates vary–Report by San Francisco’s Office of Economic Analysis

estimates that green building requirements will increase construction costs initially in the range of 0 to 1.2%, and rising to 0.2 to 2% by 2012

–Costs are partly passed on to tenants in the form of higher rents and housing prices



• Possibly have a negative impact on employment• Per capita income could be reduced• Report by San Francisco’s Office of Economic Analysis

estimates that the negative economic impact on San Francisco could range from $30 million to $700 million a year through 2027.

• Cost estimates are uncertain because there are many ways to achieve any given LEED standard or earnGreenPoints, and costs are declining every year



Lower Costs in the Long Run• Over the long run, green building requirements reduce the

costs for water and energy• Will reduce greenhouse gas emissions • Lower operating costs over the life of the building


When will the State building code take effect?

–Adopted July 17, 2008 by California Building Standards Commission

–Takes effect 180 days after date of adoption–For now, most of the design and construction practices for

non-residential buildings are voluntary–The residential construction requirements will become

mandatory as of the effective date of the 2010 California Building Code


When will the SF building code take effect?

– Takes effect 90 days after it is adopted by Board of Supervisors and signed by the Mayor if the California Energy Commission has approved it by that time

• Mayor Gavin Newsom signed on August 4, 2008– If the Energy Commission has not approved by that time, ordinance

will not become operative until Energy Commission has approved it– In April 2008, the Energy Commission adopted California Building

Energy Efficiency Standards that are expected to take effect on July 1, 2009

• These standards will require Board of Supervisors to make a determination that the local standards are cost effective and will save more energy than the 2008 Standards

• Board of Supervisors must file an application for re-approval of the San Francisco Ordinance with the California Energy Commission, and receive approval from the Energy Commission before the ordinance can take effect


Green Building Requirements In San Francisco Building Code Chapter 13C

Type of Construction Definition

General Requirement and Timeline

Other Specific Requirement and Timeline

New Residential Construction

New Small 1-4 Units

GreenPoints: 25 in 2009, 50 in 2010, 75 in 2012.

None

New Midsize Under 75 feet height, 5 or more units

GreenPoints: 25 in 2009, 50 in 2010, 75 in 2011+.

None

New High-Rise Over 75 feet height LEED: Certified in 2008, Silver in 2010.

Upon effective date (2008): LEED WE 1.1-Water efficient landscaping (50% reduction) LEED WE 3.2-Water use reduction (20% in 2008; 30% in 2011) LEED MR 2.2-Construction Debris Management (75% diversion)

New Commercial Construction

New Midsize

Over 5,000 square feet and 25,000 square feet and under 75 feet height

LEED: Submit checklist only

Upon effective date (2009): LEED WE 1.1-Water efficient landscaping (50% reduction) LEED WE 3.1-Water use reduction (20% in 2009; 30% in 2011) LEED MR 2.2-Construction Debris Management (75% diversion) By 2010: LEED EA 3.0- Enhanced Commissioning By 2012: LEED EA2 or EA6- On site generation OR purchase renewable energy credits

New Large Over 75 feet height, or over 25,000 sq ft floor area

LEED: Certified in 2008, Silver in 2009, Gold in 2012.

Upon effective date (2008): LEED WE 1.1-Water efficient landscaping (50% reduction) LEED WE 3.1-Water use reduction (20% in 2008; 30% in 2011) LEED MR 2.2-Construction Debris Management (75% diversion) By 2010: LEED EA 3.0- Enhanced Commissioning By 2012: LEED EA2 or EA6- On site generation OR purchase renewable energy credits

Renovations, Alterations and Tenant Improvements

Large Commercial Interiors Over 25,000 sq. ft.

Certified in 2008, Silver in 2009, Gold in 2012.

Upon effective date (2008): LEED Environmental Quality (EQ) 4.1/4.2/4.3-Low emitting materials

Major Alterations Over 25,000 sq. ft. & major structural changes

Certified in 2008, Silver in 2009, Gold in 2012.


How will incentives be implemented?

• California Solar Initiative• State-level program to create 3,000 megawatts of new, solar-

produced electricity by 2017• Performance-based incentives that reward properly-installed and

maintained solar systems• Provides incentives for existing residential homes and existing

and new commercial, industrial and agricultural properties• All electric customers of PG&E, Southern California Edison, and

San Diego Gas & Electric are eligible to apply for incentives• Incentives start at $2.50 per watt• Higher incentives for solar installations for existing and new low-

income and affordable housing


How will incentives be implemented?

• Solar Energy Incentive Program (GoSolarSF)• The City and County of San Francisco, through the San Francisco Public

Utilities Commission, will provide rebates to residents and businesses who install solar systems on their properties

• Basic residential installations of systems are eligible for rebates of $3,000, and can be as high as $6,000

• Commercial, non-profit and industrial installations receive incentives ranging from $1,500 per kilowatt, up to $10,000

• Multi-unit residential buildings operated by a non-profit may receive up to $4,500 per kilowatt, up to a maximum of $30,000

• Incentives will be awarded on a first-come-first-served basis until the incentive budget is exhausted

• Priority Permitting• San Francisco currently offers priority permitting for building projects that

meet or exceed LEED Gold standards


SF Code: Possibility of superior performance incentives

• Buildings that significantly exceed the baseline requirements might potentially receive incentives such as:

–Development bonuses, such as additional building height

–Priority permitting, providing expedited review of applications

–Equalization of green assessment evaluations

–Rebate or refunds of project fees for green projects exceeding requirements

green building codes –what do they mean for construction in san francisco?

Education

building standards applicable

statewide green building

new building codes

use of building concepts

minimum standards

construction of buildings

cbc design

california energy standards