The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.
The International Codes are designed and promulgated to be adopted by reference by ordinance. Jurisdictions wishing to adopt the International Green Construction CodeTM(IgCCTM) as enforceable regulations of sustainable construction practice governing structures and premises should ensure that certain factual and fiscal information is included in the adopting ordinance at the time adoption is being considered by the appropriate governmental body.
The following sample adoption ordinance addresses several key elements of a code adoption ordinance, including the information required for insertion into the code text and an evidentiary-based adoption structure contain bonding requirements tied to the issuance of building permits, certificates of occupancy and the compliance verification process, a concept already familiar to jurisdictions’ master development plans for larger-scale, Planned-Unit Developments (PUD’s).
Most importantly, this Optional Ordinance intends to open the dialogue among stakeholders, and give jurisdictions a place to start an fiscal and evidentiary-based adoption structure utilizing performance bonding requirements tied to the compliance verification process. The bonding requirement is designed to ensure that the project complies with the IgCC. The bond is held by the jurisdiction. Bond amounts are set at a percentage of total cost of the building, based on local economic and geo-centric requirements overseen by jurisdictional authorities, and tied to square footage.
SAMPLE ORDINANCE FOR ADOPTION OF
THE INTERNATIONAL GREEN CONSTRUCTION CODE
An ordinance of the [JURISDICTION] adopting the International Green Construction CodeTM, regulating and governing the impact of buildings and structures on the environment in the [JURISDICTION]; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. ______ of the [JURISDICTION] and all other ordinances and parts of the ordinances in conflict therewith.
The [GOVERNING BODY] of the [JURISDICTION] does ordain as follows:
Section 1. That a certain document, three (3) copies of which are on file in the office of the [TITLE OF JURISDICTION’S KEEPER OF RECORDS] of [NAME OF JURISDICTION], being marked and designated as the International Green Construction Code, 2012 edition, including Appendix Chapters [FILL IN THE APPENDIX CHAPTERS BEING ADOPTED], as published by the International Code Council, be and is hereby adopted as the Green Construction Code of the [JURISDICTION], in the State of [STATE NAME] for regulating and governing the impact of buildings and structures on the environment as herein provided; providing for the issuance of permits and collection of fees thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said Green Construction Code on file in the office of the [JURISDICTION] are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.
Section 2. The following sections are hereby revised:
Section 101.1. Insert: [NAME OF JURISDICTION]
Table 302.1. Insert: [JURISDICTIONAL REQUIREMENTS].
Section 3. That Ordinance No. ______ of [JURISDICTION] entitled [FILL IN HERE THE COMPLETE TITLE OF THE ORDINANCE OR ORDINANCES IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE MENTION] and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNING BODY] hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 5. That nothing in this ordinance or in the Green Construction Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 6. That the [GOVERNING BODY] hereby directs and causes for all privately owned nonresidential projects of at least [INSERT] square feet, a performance bond, irrevocable letter of credit from a financial institution authorized to do business in the jurisdiction, or evidence of cash deposited in an escrow account in a financial institution in the jurisdiction, to be provided to the jurisdiction, with the bond, LOC or escrow, “due and payable prior to receipt of certificate of occupancy.”
(a) A commercial applicant who applies for an incentive described in Section 7 shall provide a performance bond which shall be due and payable upon approval of the first building construction permit application.
(b) On or before [EFFECTIVE DATE], all applicants for construction governed by Section 1 shall provide a performance bond, which shall be due and payable prior to issuance of a certificate of occupancy.
(c) For the purpose of compliance with subsections (a) and (b) of this section, in lieu of the bond required by this section, the [GOVERNING BODY] may accept an irrevocable letter of credit from a financial institution authorized to do business in the [JURISDICTION] or evidence of cash deposited in an escrow account in a financial institution in the [JURISDICTION] in the name of the licensee and the [JURISDICTION]. The letter of credit or escrow account shall be in the amounts required by subsection (d) of this section.
(d) The amount of the required performance bond under subsection (a) of this section shall be 1 percent of the incentive provided.
(e) The amount of the required performance bond under subsection (b) of this section shall be:
(1) For a project not exceeding 150,000 square feet of gross floor area, 2 percent of the total cost of the building;
(2) For a project from 150,001 to 250,000 square feet of gross floor area, 3 percent of the total cost of the building; and.
(3) For a project exceeding 250,000 square feet building of gross floor area, 4 percent of the total cost of the building.
(f) The maximum amount of a performance bond shall be $3 million.
(g) All or part of the performance bond shall be forfeited to the [JURISDICTION] and deposited in a Green Building Fund if the building fails to meet the verification requirements described in sub-parts (1) and (2) below.
(1) Publicly-owned, private leasing of public property, publicly financed buildings, and tenant improvements.
(2) Privately-owned buildings. Any new construction or substantial improvement of a nonresidential privately-owned project with [INSERT] square feet of gross floor area or more shall:
a. On or before [EFFECTIVE DATE], submit to the Department of Buildings, as part of any building construction permit application, a green building checklist documenting the green building elements to be pursued in the building construction permit.
b. Within 365 days (1 year) of the receipt of a certificate of occupancy, be verified “in compliance” with the requirements of this ordinance through:
i. An agency of the [JURISDICTION] government; or
ii. Third-party entities which meet criteria to be established by the [GOVERNING BODY] by rulemaking within 180 days of the effective date of this ordinance;
as having fulfilled or exceeded the requirements of the International Green Construction Code.
(h) The [JURISDICTION] shall draw down on the bond funds if the required green building verification is not provided within 730 days (2 years) after issuing the first certificate of occupancy.
(i) The [GOVERNING BODY] shall promulgate rules to establish additional requirements for the drawing down or return of performance bonds.
Section 7. Incentives.
(a) Within 180 days of the effective date of this ordinance, the [GOVERNING BODY] shall establish an incentive program to promote early adoption of green building practices by applicants for building construction permits for buildings regulated by this code. The incentive program shall be funded by funds deposited in the Green Building Fund, subject to the availability of funds. As part of the incentive program, the [GOVERNING BODY] shall establish a [PROPERTY TAX INCENTIVE OR INCENTIVES PROGRAM] for Qualifying Green Building Properties, and [MAY PROVIDE GRANTS] to help defray costs associated with the early adoption of the green building practices of the International Green Construction Code.
Section. 8. Green Building Fund.
(a) There is established a fund designated as the Green Building Fund, which shall be ENROLLED ORIGINAL Codification [JURISDICTION] of Columbia Official Code, 2001 Edition 8 West Group Publisher, 1-800-328-9378, separate from the General Fund of the [JURISDICTION] of Columbia. All additional monies obtained pursuant to sections 6 and 9, and all interest earned on those funds, shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act of Congress, and used solely to pay the costs of operating and maintaining the Fund and for the purposes stated in subsection (c) of this section. All funds, interest, and other amounts deposited into the Fund shall not be transferred or revert to the General Fund of the [JURISDICTION] of Columbia 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, subject to authorization by Congress in an appropriations act.
(b) The [GOVERNING BODY] shall administer the monies deposited in the Fund.
(c) The Fund shall be used as follows:
(1) Staffing and operating costs to provide technical assistance, plan review, and inspections and monitoring of green buildings;
(2) Education, training and outreach to the public and private sectors on green building practices; and
(3) Incentive funding for private buildings as provided for in Section 7.
Section. 9. Green building fee.
(a) A green building fee is established to fund the implementation this ordinance and the Green Building Fund.
(b) Upon the effective date of this ordinance, the green building fee shall be established by increasing the building construction permit fees in effect at the time in accordance with the following schedule of additional fees:
(1) New construction – an additional $0.0020 per square foot.
(2) Alterations and repairs exceeding $1,000 but not exceeding $1 million – an additional 0.13 percent of construction value; and
(3) Alterations and repairs exceeding $1 million - an additional 0.065 percent of construction value.
Section. 10. Establishment of a [JURISDICTION] Green Building Advisory Council.
(a) The Department of the Environment shall provide the central coordination and technical assistance to [JURISDICTION] agencies and instrumentalities in the implementation of the provisions of this ordinance.
(b) Within 90 days after the effective date of this ordinance, the [GOVERNING BODY] shall establish a Green Building Advisory Council to monitor the [JURISDICTION]’s compliance with the requirements of this ordinance and to make policy recommendations designed to continually improve and update the ordinance.
(c) The [JURISDICTION] GBAC shall consist of the following nine (9) members: (1), (2), (3), (4), (5), (6), (7), (8), and (9).
(1) Members of the GBAC who are not ex officio members shall have expertise in building construction, development, engineering, natural resources conservation, energy conservation, green building practices, environmental protection, environmental law, or other similar green building expertise.
(2) The Chairperson of the GBAC shall be the Director of the Department of the Environment.
(3) All members of the GBAC shall either work in, or be residents of the [JURISDICTION], and shall serve without compensation.
(4) The members shall serve a 2-year term.
(5) A member appointed to fill a vacancy or after a term has begun, shall serve only for the remainder of the term or until a successor is appointed.
(6) The GBAC shall advise the [GOVERNING BODY] on:
i. The development, adoption, and revisions of this ordinance, including suggestions for additional incentives to promote green building practices;
ii. The evaluation of the effectiveness of the [JURISDICTION]’s green building policies and their impact on the [JURISDICTION]’s environmental health, including the relation of the development of the [JURISDICTION]’s green building policies to the specific environmental challenges facing the [JURISDICTION];
iii. The green building practices to be included in the triennial revisions of the Construction Codes; and
iv. The promotion of green building education, including educating relevant [JURISDICTION] employees, the building community, and the public regarding the benefits and techniques of high-performance building standards.
v. The GBAC shall meet at least six (6) times each year.
(7) The GBAC shall issue an annual report of its recommendations to the [GOVERNING BODY]. The report shall include recommended updates of green building standards, building systems monitoring and data compiled from [JURISDICTION]-owned or [JURISDICTION] instrumentality-owned and operated buildings, and an analysis of the building projects exempted by the [GOVERNING BODY] under section 11. The report shall be distributed to all members of the Council and the [GOVERNING BODY] and made available to the general public within 30 days after its issuance.
Section. 11. Exemptions and extensions. The [GOVERNING BODY] may, in unusual circumstances and only upon a showing of good cause, grant an exemption from any of the requirements of this ordinance based on:
(a) Substantial evidence of a practical infeasibility or hardship of meeting a required green building standard;
(b) A determination that the public interest would not be served by complying with such requirements; or
(c) Other compelling circumstances as determined by the [GOVERNING BODY] by rulemaking.
(1) The burden shall be on the applicant to show circumstances to establish hardship or infeasibility under this section.
(2) If the [GOVERNING BODY] determines that the required verification requirement is not practicable for a project, the [GOVERNING BODY] shall determine if another green building standard is practicable before exempting the project from all green building requirements.
(3) The [GOVERNING BODY] shall promulgate rules to establish requirements for the exemption process within 180 days of the effective date of this ordinance.
(d) Notwithstanding any other provision of this ordinance, construction encompassed by building construction permits applied for within 180 days (6 months) of the effective date of this ordinance shall be exempt from the verification requirements of this ordinance.
(e) Notwithstanding any other provision of this ordinance, the [GOVERNING BODY], upon a finding of reasonable grounds, may extend the period for green building verifications required in Section 6(g) sub-parts (1) and (2), for up to three (3) successive 120-day (4-month) periods.
Section 12. Rulemaking. Within 180 days of the effective date of this ordinance, the [GOVERNING BODY] shall promulgate rules to implement this ordinance. The proposed rules shall be submitted to the [GOVERNING BODY] for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of [GOVERNING BODY] recess. If the [GOVERNING BODY] does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
Section 13. That the [JURISDICTION’S KEEPER OF RECORDS] is hereby ordered and directed to cause this ordinance to be published. (An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.)
Section 14. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption.