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

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?

www.allenmatkins.com

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 1
2010 CBC
drainage during construction.
ENERGY EFFICIENCY
Performance Approach.
(503)
503.2 Minimum requirements. Low-rise residential buildings shall meet
1
or exceed the minimum standard design required by the California Energy 2010 CBC
Standards currently in effect.
Prescriptive Approach.
(504)
504.6 Minimum requirements.
1
Low-rise residential buildings shall meet or exceed the minimum standard 2010 CBC
design required by the California Energy Standards currently in effect.
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
1
and all siding materials. 2010 CBC
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.
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.
7/01/2011
1. Water saving fixtures or flow restrictors shall be used.
2. A 20% reduction in baseline water use shall be demonstrated.
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.
1
Exception: Alternate waste reduction methods are developed by 2010 CBC
www.allenmatkins.com working with local agencies if diversion or recycle facilities capable of
compliance with this item do not exist.

Building Maintenance and Operation
(710)
710.2 An operation and maintenance manual shall be provided to the 1
2010 CBC
building occupant or owner.
INDOOR ENVIRONMENTAL QUALITY
Pollutant Control
(804)
804.3 Duct openings and other related air distribution component openings 1
2010 CBC
shall be covered.

1
804.4.1 Adhesives shall be No- or Low-VOC. 2010 CBC

1
804.4.2 Paints, stains and other coatings shall be No- or Low-VOC. 2010 CBC

1
804.4.3 Carpet and carpet systems shall be Low-VOC. 2010 CBC

804.4.4 Particleboard, medium density fiberboard (MDF), and plywood
1
used in interior finish systems shall comply with low formaldehyde emission 2010 CBC
standards.
Interior Moisture Control
(805)
805.2 Vapor retarder and capillary break is installed at slab on grade 1
2010 CBC
foundations.

805.3 Moisture content of wood used in wall and floor framing is checked 1
2010 CBC
before enclosure.
Air Quality and Exhaust
(806)
806.3 Exhaust fans which terminate outside the building are provided in 1
2010 CBC
every bathroom.

806.4 MERV 6, or higher filters are installed on central air and heating 1
2010 CBC
systems.
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 the
number 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 LEED
or 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 historic
integrity


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 not
be 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 earn
GreenPoints, 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
General
Type of
Definition Requirement Other Specific Requirement and Timeline
Construction
and Timeline
New Residential Construction
GreenPoints:
25 in 2009, 50 in
New Small 1-4 Units 2010, 75 in None
2012.
GreenPoints:
Under 75 feet 25 in 2009, 50 in
New Midsize height, 5 or more 2010, 75 in None
units 2011+.
Upon effective date (2008):
LEED WE 1.1-Water efficient landscaping (50%
LEED: reduction)
New High-Rise Over 75 feet height Certified in 2008, LEED WE 3.2-Water use reduction (20% in
Silver in 2010. 2008; 30% in 2011)
LEED MR 2.2-Construction Debris
Management (75% diversion)
New Commercial Construction
LEED WE 1.1-Water efficient landscaping
(50% reduction)
LEED WE 3.1-Water use reduction (20% in
Over 5,000
2009; 30% in 2011)
square feet and
LEED: Submit LEED MR 2.2-Construction Debris
New Midsize 25,000 square
checklist only Management (75% diversion)
feet and under
By 2010:
75 feet height
LEED EA 3.0- Enhanced Commissioning
By 2012:
LEED EA2 or EA6- On site generation OR
purchase renewable energy credits
LEED WE 1.1-Water efficient landscaping
(50% reduction)
LEED WE 3.1-Water use reduction (20% in
Over 75 feet LEED: 2008; 30% in 2011)
height, or over Certified in 2008, LEED MR 2.2-Construction Debris Management
New Large (75% diversion)
25,000 sq ft Silver in 2009,
floor area Gold in 2012. 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
Certified in 2008, Upon effective date (2008):
Large Commercial LEED Environmental Quality (EQ)
Over 25,000 sq. ft. Silver in 2009,
Interiors 4.1/4.2/4.3-Low emitting materials
Gold in 2012.
Over 25,000 sq. ft. Certified in 2008,
Major Alterations & major structural Silver in 2009,
www.allenmatkins.com changes 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?

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