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The reality of implementing green
 buildings programs in your city
 Kobet Cheatham Group   BasicGov
The Kobet Cheatham Group




Chris Cheatham          Bob Kobet
LEED AP                 LEED Faculty
Construction Attorney   Architect

chris@kc-grp.com        bob@kc-grp.com
202-553-3181            412-980-9725
Stats from Registration
Are you familiar with the International    What is your knowledge level of green
Green Construction Code                    building programs


                                                                 High,
                                                                  7%

          N/A,            Yes,                         N/A,
          32%                                          27%            Med,
                          37%                                         33%
                 No,
                                                          Low,
                 31%
                                                          33%




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

                                 (255 Registrations)
About BasicGov

                  Planning


Licensing


                Citizen          Permits &
             Relationship       Planning
                                Inspections
             Management



 ESRI GIS

                      Code
                  Enforcement
Over 6000 .gov .edu .org
 General
                   customers
                    Economic
                                 Transportation
                                                   Political             Defense &
Government         Development                    Campaigns             Public Safety




                                  Science &
                                 Environment




             Health & Human                       Culture & Education
                Services
BasicGov Customers
BasicGov software is used by government
agencies across the United States and Canada
  City Managers
  Planners
  Building Officials
  Inspectors
  Zoning Administrators
  Permit Clerks
Beaumont, California
“ We started using BasicGov’s
planning software a few years ago,
then this year we added additional
BasicGov modules for code
enforcement, licensing, GIS
integration and permits,” said a
staff planner for the City of
Beaumont, California. “Our City
likes the affordable cost and
flexibility of BasicGov software that
allows us to change our number of
users depending upon the level of
activity within our community.”       Beaumont Uses BasicGov to Incorporate
                                 Four City Departments in the Cloud
Keys to successful green
             building code
           implementation

1.   Engage key constituents early on.
2.   Ensure compliance with federal preemption.
3.   Tailor the code to your jurisdiction.
4.   Provide training to code officials.
5.   Educate about new codes.
Early Green Building “Codes”
The D.C. Green Building Act of 2006
   • Starting January 1, 2012 privately-owned projects must
     be LEED certified
   • Applicant must provide “performance bond”
   • “All or part of the performance bond shall be forfeited
     to the District and deposited in the Green Building Fund
     if the building fails to meet the verification
     requirements . . . .”
LEED Is NOT A Code


                            LEED
                            certification

                            Codes




        -Greening the Codes, USGBC
Early Green Building Codes
    CALGreen
    • Effective January 1, 2011
    • Mandatory Baseline Standards
      – 20 percent water reduction
      – 50 percent salvage/recycling
      – Benchmarking
    • Voluntary Tier I and II Standards
Remember: keep your
constituents happy.

Develop building industry
support early on.

Otherwise…
Challenges to Green Building Codes
  Federal preemption:

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

       -National Appliance Energy Conservation Act
Challenges to Green Building Codes
 Albuquerque Energy Conservation Code

 1. The building must achieve LEED certification;
 2. The proposed building must be 30 percent more
    energy efficient than a baseline building; or
 3. The Heating, Ventilation, and Air Conditioning
    (HVAC) system and equipment must comply
    with minimum energy efficiency standards.
Challenges to Green Building Codes
 Air Conditioning, Heating, and Refrigeration
 Institute (ACHRI) v. City of Albuquerque

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

               -Judge Vazquez, U.S. District Court
                          District of New Mexico
Challenges to Green Building Codes
  Exception to National Appliance
  Energy Conservation Act
  Preemption

  • 42 U.S.C. § 6297 (f)(3)
  • 7 prong test
  • Essentially a building code
  exception
Challenges to Green Building Codes

  Washington State Energy Code
  • Chapter 9 – residential
    energy efficiency
    requirements
  • Table 9 offers many
    options for compliance
Challenges to Green Building Codes
 BIAW et al. v. Washington State Building
 Code Council
 • Washington Energy Code passed seven prong
   test
 • Unlike Albuquerque case, Washington did
   not include preempted, performance-based
   alternatives.
 • “Further, there appear to be substantial
   differences in the Albuquerque code and
   Washington’s code.”
THE INTERNATIONAL
             GREEN CONSTRUCTION CODE
BACKROUND AND DEVELOPMENT

• COPYWRITED BY THE INTERNATIONAL CODE COUNCIL, INC WITH COOPERATING
    SPONSORSHIP OF THE AIA AND ASTM

• BASED ON ASHRAE / USGBC / IES STANDARD 189.1 – 2009
    STANDARD FOR THE DESIGN OF HIGH PERFORMANCE GREEN BUILDINGS
    EXCEPT LOW-RISE RESIDENTIAL BUILDINGS

• ASHRAE / USGBC / IES 189.1 – 2009 IS A JURISDICTIONAL COMPLIANCE OPTION
    OF THE INTERNATIONAL GREEN CONSTRUCTION CODE

• INTENDED TO SUPPLEMENT OTHER EXISTING INTERNATIONAL CODES
     INTERNATIONAL BUILDING CODE
     INTERNATIONAL FUEL GAS CODE
     INTERNATIONAL MECHANICAL CODE
     INTERNATIONAL PLUMBING CODE
     INTERNATIONAL PROPERTY MAINTENANCE CODE
     INTERNATIONAL FIRE CODE
     INTERNATIONAL ENERGY CONSERVATION CODE
     INTERNATIONAL ZONING CODE
                           THE KOBET CHEATHAM GROUP
THE INTERNATIONAL
              GREEN CONSTRUCTION CODE
BACKROUND AND DEVELOPMENT
Public Version 1.0 of the International Green Construction Code was
developed in 2010 by the Sustainable Building Technology Committee (SBTC)
appointed by the ICC Board of Directors, with the American Institute of Architects
and ASTM International as Cooperating Sponsors

Public Version 2.0 of the International Green Construction Code was issued
on November 3, 2010 after the Public Comments submitted to Public Version 1.0
were considered by the IGCC Public Comment Committee at the Public
Hearings held in Rosemont, IL, August 14 – 21, 2010

2012 International Green Construction Code will be a result of revisions to
Public Version 2.0. Revisions will be in the form of code changes which will be
processed in accordance with ICC’s Code Development Process (as outlined in
Council Policy #28) comprised of Code Development and Final Action Hearings
in 2011. The 2012 IGCC is scheduled for release in March 2012.


                             THE KOBET CHEATHAM GROUP
THE INTERNATIONAL
             GREEN CONSTRUCTION CODE

The International Green Construction Code Public Version 2.0 is
available as a resource document to guide adoption and use by
jurisdictions internationally. Its use within a governmental jurisdiction is
intended to be accomplished through adoption by reference in
accordance with proceedings establishing the jurisdiction's laws. At the
time of adoption, jurisdictions should insert the appropriate information
in provisions requiring specific local information, such as the name of
the adopting jurisdiction:




                            THE KOBET CHEATHAM GROUP
THE INTERNATIONAL
             GREEN CONSTRUCTION CODE
                                                             TABLE 302.1
                                             REQUIREMENTS DETERMINED BY THE JURISDICTION

Chapter 3 is the core of the
International Green Construction
Code. It is formatted to facilitate the
customization of the code to
address local issues, provide
options for construction which
exceed the minimum requirements
of the code and provide for the
implementation of best practices.
Table 302.1 which addresses
jurisdictional choices and Table
303.1 which introduces the concept
of project electives are fundamental
to the understanding and use of the
Code.




                            THE KOBET CHEATHAM GROUP
THE INTERNATIONAL
GREEN CONSTRUCTION CODE




      THE KOBET CHEATHAM GROUP
THE INTERNATIONAL
              GREEN CONSTRUCTION CODE

HOW IGCC COMPLIMENTS AND SUPPORTS LEED

IGCC SECTION 402 – PRESERVATION OF NATURAL RESOURCES
   402.2.1 Floodplains. Buildings and building site improvements shall not
                        be located in a floodplain
LEED Green Building Design and Construction (BD + C)
   Sustainable Sites Credit 1 – Site Selection

IGCC SECTION 611 – BUILDING RENEWABLE ENERGY SYSTEMS
   611.3 Renewable energy system requirements. Buildings that consume
           energy shall comply with this section. Each building or surrounding
           lot or building site where there are multiple buildings on the building
           site shall be equipped with one or more renewable energy systems
           in accordance with this section.
LEED Green Building Design and Construction (BD+C)
   Energy and Atmosphere Credit 2 – On-Site Renewable Energy Systems


                             THE KOBET CHEATHAM GROUP
THE INTERNATIONAL
             GREEN CONSTRUCTION CODE

HOW IGCC COMPLIMENTS AND SUPPORTS LEED
IGCC SECTION 612 – ENERGY SYSTEMS COMMISSIONING
                      AND COMPLETION
   612.1 Mechanical Systems commissioning and completion requirements
   612.1.1 Commissioning Plan. A commissioning plan shall be developed
       by a registered design professional or approved agency and shall include
       as a minimum all of the following items:
            1. A narrative describing the activities that will be accomplished
                during each phase of commissioning, …..
            2. Equipment and systems to be tested, including……
            3. Functions to be tested, including but limited to…..
            4. Conditions under which test shall be performed…..
            5. Measurable criteria for performance…..
LEED for Green Building Design and Construction (BD+C)
   Energy and Atmosphere Prerequisite 1 – Fundamental Commissioning
       of the Building Systems Commissioning.

                            THE KOBET CHEATHAM GROUP
THE INTERNATIONAL
          GREEN CONSTRUCTION CODE

TOPICS ENCOURAGED IN LEED ADDRESSED DIRECTLY
  BY THE IGCC
 SECTION 304 – WHOLE BUILDING LIFE CYCLE ASSESSMENT
 SECTION 402 – PRESERVATION OF NATURAL RESOURCES
 SECTION 406 – DETAILED SITE DEVELOPMENT REQUIREMENTS
 SECTION 507 – STRAWBALE CONSTRUCTION
 SECTION 705 – SPECIFIC WATER CONSERVATION MEASURES
 SECTION 706 – NON-POTABLE WATER REQUIREMENTS
 SECTION 707 – RAINWATER COLLECTION AND DISTRIBUTION SYSTEMS
 SECTION 708 – GREYWATER SYSTEMS
 SECTION 807 – ACOUSTICS (For non academic buildings)
 SECTION 1005 – HISTORIC BUILDINGS

 INTEGRATED PEST MANAGEMENT
 RADON MITIGATION
 INTEGRATED DESIGN
                     THE KOBET CHEATHAM GROUP
THE INTERNATIONAL
         GREEN CONSTRUCTION CODE

RISK MANAGEMENT AND THE IGCC

LEED COMPLIANCE IS NOT MONITORED OR SUBJECT TO
   INSPECTION IN THE FIELD.
COMPLIANCE WITH THE IGCC PROVISIONS IS SUBJECT TO FIELD
   ENFORCEMENT BY CODE OFFICIALS

LEED CERTIFICATION, DOCUMENTATION AND REFERENCE
   MATERIALS DO NOT CONTAIN SECTIONS WRITTEN TO SUPPORT
   PENALTIES FOR NON-COMPLIANCE
IGCC APPENDIX D CONTAINS PROVISIONS FOR ENFORCEMENT.
   THEY ARE OPTIONAL AND NOT PART OF THE BASIC CODE.

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


                     THE KOBET CHEATHAM GROUP
Demonstration




   Content and use governed by NDA
Questions?




Chris Cheatham            Bob Kobet        Roula Fredrikson
LEED AP                   LEED Faculty     Sales Executive
Construction Attorney     Architect        BasicGov

chris@kc-grp.com          bob@kc-grp.com   sales@basicgov.com
202-553-3181              412-980-9725     604-630-5687
Thank You



  Content and use governed by NDA

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Reality of implementing green buildings in your city feb 23 2011

  • 1. The reality of implementing green buildings programs in your city Kobet Cheatham Group BasicGov
  • 2. The Kobet Cheatham Group Chris Cheatham Bob Kobet LEED AP LEED Faculty Construction Attorney Architect chris@kc-grp.com bob@kc-grp.com 202-553-3181 412-980-9725
  • 3. Stats from Registration Are you familiar with the International What is your knowledge level of green Green Construction Code building programs High, 7% N/A, Yes, N/A, 32% 27% Med, 37% 33% No, Low, 31% 33% Only 8% of you have applied LEED in your local building codes (255 Registrations)
  • 4. About BasicGov Planning Licensing Citizen Permits & Relationship Planning Inspections Management ESRI GIS Code Enforcement
  • 5. Over 6000 .gov .edu .org General customers Economic Transportation Political Defense & Government Development Campaigns Public Safety Science & Environment Health & Human Culture & Education Services
  • 6. BasicGov Customers BasicGov software is used by government agencies across the United States and Canada City Managers Planners Building Officials Inspectors Zoning Administrators Permit Clerks
  • 7. Beaumont, California “ We started using BasicGov’s planning software a few years ago, then this year we added additional BasicGov modules for code enforcement, licensing, GIS integration and permits,” said a staff planner for the City of Beaumont, California. “Our City likes the affordable cost and flexibility of BasicGov software that allows us to change our number of users depending upon the level of activity within our community.” Beaumont Uses BasicGov to Incorporate Four City Departments in the Cloud
  • 8. Keys to successful green building code implementation 1. Engage key constituents early on. 2. Ensure compliance with federal preemption. 3. Tailor the code to your jurisdiction. 4. Provide training to code officials. 5. Educate about new codes.
  • 9. Early Green Building “Codes” The D.C. Green Building Act of 2006 • Starting January 1, 2012 privately-owned projects must be LEED certified • Applicant must provide “performance bond” • “All or part of the performance bond shall be forfeited to the District and deposited in the Green Building Fund if the building fails to meet the verification requirements . . . .”
  • 10. LEED Is NOT A Code LEED certification Codes -Greening the Codes, USGBC
  • 11. Early Green Building Codes CALGreen • Effective January 1, 2011 • Mandatory Baseline Standards – 20 percent water reduction – 50 percent salvage/recycling – Benchmarking • Voluntary Tier I and II Standards
  • 12. Remember: keep your constituents happy. Develop building industry support early on. Otherwise…
  • 13. Challenges to Green Building Codes Federal preemption: "A standard prescribed or established under section 6313(a) of this title shall, beginning on the effective date of such standard, supersede any State or local regulation concerning the energy efficiency or energy use of a product for which a standard is prescribed or established pursuant to such section.” -National Appliance Energy Conservation Act
  • 14. Challenges to Green Building Codes Albuquerque Energy Conservation Code 1. The building must achieve LEED certification; 2. The proposed building must be 30 percent more energy efficient than a baseline building; or 3. The Heating, Ventilation, and Air Conditioning (HVAC) system and equipment must comply with minimum energy efficiency standards.
  • 15. Challenges to Green Building Codes Air Conditioning, Heating, and Refrigeration Institute (ACHRI) v. City of Albuquerque "The Court concludes that the prescriptive provisions of Volume I requiring the use of heating, ventilation, or air conditioning products or water heaters with energy efficiency standards more stringent than federal standards are regulations that concern the energy efficiency of covered products and, therefore, are preempted as a matter of law." -Judge Vazquez, U.S. District Court District of New Mexico
  • 16. Challenges to Green Building Codes Exception to National Appliance Energy Conservation Act Preemption • 42 U.S.C. § 6297 (f)(3) • 7 prong test • Essentially a building code exception
  • 17. Challenges to Green Building Codes Washington State Energy Code • Chapter 9 – residential energy efficiency requirements • Table 9 offers many options for compliance
  • 18. Challenges to Green Building Codes BIAW et al. v. Washington State Building Code Council • Washington Energy Code passed seven prong test • Unlike Albuquerque case, Washington did not include preempted, performance-based alternatives. • “Further, there appear to be substantial differences in the Albuquerque code and Washington’s code.”
  • 19. THE INTERNATIONAL GREEN CONSTRUCTION CODE BACKROUND AND DEVELOPMENT • COPYWRITED BY THE INTERNATIONAL CODE COUNCIL, INC WITH COOPERATING SPONSORSHIP OF THE AIA AND ASTM • BASED ON ASHRAE / USGBC / IES STANDARD 189.1 – 2009 STANDARD FOR THE DESIGN OF HIGH PERFORMANCE GREEN BUILDINGS EXCEPT LOW-RISE RESIDENTIAL BUILDINGS • ASHRAE / USGBC / IES 189.1 – 2009 IS A JURISDICTIONAL COMPLIANCE OPTION OF THE INTERNATIONAL GREEN CONSTRUCTION CODE • INTENDED TO SUPPLEMENT OTHER EXISTING INTERNATIONAL CODES INTERNATIONAL BUILDING CODE INTERNATIONAL FUEL GAS CODE INTERNATIONAL MECHANICAL CODE INTERNATIONAL PLUMBING CODE INTERNATIONAL PROPERTY MAINTENANCE CODE INTERNATIONAL FIRE CODE INTERNATIONAL ENERGY CONSERVATION CODE INTERNATIONAL ZONING CODE THE KOBET CHEATHAM GROUP
  • 20. THE INTERNATIONAL GREEN CONSTRUCTION CODE BACKROUND AND DEVELOPMENT Public Version 1.0 of the International Green Construction Code was developed in 2010 by the Sustainable Building Technology Committee (SBTC) appointed by the ICC Board of Directors, with the American Institute of Architects and ASTM International as Cooperating Sponsors Public Version 2.0 of the International Green Construction Code was issued on November 3, 2010 after the Public Comments submitted to Public Version 1.0 were considered by the IGCC Public Comment Committee at the Public Hearings held in Rosemont, IL, August 14 – 21, 2010 2012 International Green Construction Code will be a result of revisions to Public Version 2.0. Revisions will be in the form of code changes which will be processed in accordance with ICC’s Code Development Process (as outlined in Council Policy #28) comprised of Code Development and Final Action Hearings in 2011. The 2012 IGCC is scheduled for release in March 2012. THE KOBET CHEATHAM GROUP
  • 21. THE INTERNATIONAL GREEN CONSTRUCTION CODE The International Green Construction Code Public Version 2.0 is available as a resource document to guide adoption and use by jurisdictions internationally. Its use within a governmental jurisdiction is intended to be accomplished through adoption by reference in accordance with proceedings establishing the jurisdiction's laws. At the time of adoption, jurisdictions should insert the appropriate information in provisions requiring specific local information, such as the name of the adopting jurisdiction: THE KOBET CHEATHAM GROUP
  • 22. THE INTERNATIONAL GREEN CONSTRUCTION CODE TABLE 302.1 REQUIREMENTS DETERMINED BY THE JURISDICTION Chapter 3 is the core of the International Green Construction Code. It is formatted to facilitate the customization of the code to address local issues, provide options for construction which exceed the minimum requirements of the code and provide for the implementation of best practices. Table 302.1 which addresses jurisdictional choices and Table 303.1 which introduces the concept of project electives are fundamental to the understanding and use of the Code. THE KOBET CHEATHAM GROUP
  • 23. THE INTERNATIONAL GREEN CONSTRUCTION CODE THE KOBET CHEATHAM GROUP
  • 24. THE INTERNATIONAL GREEN CONSTRUCTION CODE HOW IGCC COMPLIMENTS AND SUPPORTS LEED IGCC SECTION 402 – PRESERVATION OF NATURAL RESOURCES 402.2.1 Floodplains. Buildings and building site improvements shall not be located in a floodplain LEED Green Building Design and Construction (BD + C) Sustainable Sites Credit 1 – Site Selection IGCC SECTION 611 – BUILDING RENEWABLE ENERGY SYSTEMS 611.3 Renewable energy system requirements. Buildings that consume energy shall comply with this section. Each building or surrounding lot or building site where there are multiple buildings on the building site shall be equipped with one or more renewable energy systems in accordance with this section. LEED Green Building Design and Construction (BD+C) Energy and Atmosphere Credit 2 – On-Site Renewable Energy Systems THE KOBET CHEATHAM GROUP
  • 25. THE INTERNATIONAL GREEN CONSTRUCTION CODE HOW IGCC COMPLIMENTS AND SUPPORTS LEED IGCC SECTION 612 – ENERGY SYSTEMS COMMISSIONING AND COMPLETION 612.1 Mechanical Systems commissioning and completion requirements 612.1.1 Commissioning Plan. A commissioning plan shall be developed by a registered design professional or approved agency and shall include as a minimum all of the following items: 1. A narrative describing the activities that will be accomplished during each phase of commissioning, ….. 2. Equipment and systems to be tested, including…… 3. Functions to be tested, including but limited to….. 4. Conditions under which test shall be performed….. 5. Measurable criteria for performance….. LEED for Green Building Design and Construction (BD+C) Energy and Atmosphere Prerequisite 1 – Fundamental Commissioning of the Building Systems Commissioning. THE KOBET CHEATHAM GROUP
  • 26. THE INTERNATIONAL GREEN CONSTRUCTION CODE TOPICS ENCOURAGED IN LEED ADDRESSED DIRECTLY BY THE IGCC SECTION 304 – WHOLE BUILDING LIFE CYCLE ASSESSMENT SECTION 402 – PRESERVATION OF NATURAL RESOURCES SECTION 406 – DETAILED SITE DEVELOPMENT REQUIREMENTS SECTION 507 – STRAWBALE CONSTRUCTION SECTION 705 – SPECIFIC WATER CONSERVATION MEASURES SECTION 706 – NON-POTABLE WATER REQUIREMENTS SECTION 707 – RAINWATER COLLECTION AND DISTRIBUTION SYSTEMS SECTION 708 – GREYWATER SYSTEMS SECTION 807 – ACOUSTICS (For non academic buildings) SECTION 1005 – HISTORIC BUILDINGS INTEGRATED PEST MANAGEMENT RADON MITIGATION INTEGRATED DESIGN THE KOBET CHEATHAM GROUP
  • 27. THE INTERNATIONAL GREEN CONSTRUCTION CODE RISK MANAGEMENT AND THE IGCC LEED COMPLIANCE IS NOT MONITORED OR SUBJECT TO INSPECTION IN THE FIELD. COMPLIANCE WITH THE IGCC PROVISIONS IS SUBJECT TO FIELD ENFORCEMENT BY CODE OFFICIALS LEED CERTIFICATION, DOCUMENTATION AND REFERENCE MATERIALS DO NOT CONTAIN SECTIONS WRITTEN TO SUPPORT PENALTIES FOR NON-COMPLIANCE IGCC APPENDIX D CONTAINS PROVISIONS FOR ENFORCEMENT. THEY ARE OPTIONAL AND NOT PART OF THE BASIC CODE. LEED ACCREDITED PROFESSIONALS MAY NOT BE PROFICIENT IN INTERPRETING CODES. CODE ENFORCEMENT OFFICIALS MAY NOT FULLY UNDERSTAND LEED. EACH IS OPEN TO INTERPRETATION. THE KOBET CHEATHAM GROUP
  • 28. Demonstration Content and use governed by NDA
  • 29. Questions? Chris Cheatham Bob Kobet Roula Fredrikson LEED AP LEED Faculty Sales Executive Construction Attorney Architect BasicGov chris@kc-grp.com bob@kc-grp.com sales@basicgov.com 202-553-3181 412-980-9725 604-630-5687
  • 30. Thank You Content and use governed by NDA