SCOPE AND ADMINISTRATION
PART 1—SCOPE AND APPLICATION
[A] 101.1 Title.
These regulations shall be known as the Green Construction Code of [NAME OF JURISDICTION] hereinafter referred to as “this code.”
This code is an overlay document to be used in conjunction with the other codes and standards adopted by the jurisdiction. This code is not intended to be used as a standalone construction regulation document and permits are not to be issued under this code. This code is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances.
The provisions of this code shall apply to the design, construction, addition, alteration, change of occupancy, relocation, replacement, repair, equipment, building site, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures and to the site on which the building is located. Occupancy classifications shall be determined in accordance with the International Building Code® (IBC®).
1. The code shall not apply to items 1.1, 1.2 and 1.3 except where the jurisdiction adopts the jurisdictional requirements of Section 302.1, Item 1, for residential buildings.
1.1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located.
1.2. Group R-3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located.
1.3. Group R-2 and R-4 residential buildings four stories or less in height above grade plane, their accessory structures, and the site or lot upon which these buildings are located.
2. The code shall not apply to equipment or systems that are used primarily for industrial or manufacturing.
3. The code shall not apply to temporary structures approved under Section 3103 of the International Building Code.
101.3.1 Residential construction.
In lieu of the requirements of this code the following shall be deemed-to-comply with this code:
1. Group R-2 and R-4 residential buildings five stories or more in height above grade plane, their accessory structures, and the site or lot upon which these buildings are located that comply with ICC 700, with a minimum energy efficiency category requirements of the Silver performance level or equivalent.
2. Group R-2 and R-4 portions of mixed use buildings that comply with ICC 700, with a minimum energy efficiency category requirements of the Silver performance level or equivalent. The remainder of the building and the site upon which the building is located shall comply with the provisions of this code.
Provisions in the appendices shall not apply unless specifically adopted.
This code is intended to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. This code is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances.
102.1 Code conflicts.
Where there is a conflict between a general requirement and a specific requirement of this code, the specific requirement shall be applicable. Where, in any specific case, different sections of the code specify different materials, methods of construction or other requirements, the most practical requirement to meet the intent of the code shall govern.
102.2 Other laws.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
102.3 Application of references.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
102.4 Referenced codes and standards.
The following codes shall be considered part of the requirements of this code: the International Building Code, the International Code Council Performance Code® (ICCPC®), the International Energy Conservation Code® (IECC®), the International Existing Building Code® (IEBC®), the International Fire Code® (IFC®), the International Fuel Gas Code® (IFGC®), the International Mechanical Code® (IMC®), the International Plumbing Code® (IPC®), International Property Maintenance Code® (IPMC®), and the International Residential Code® (IRC®).
102.4.1 Conflicting provisions.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the International Codes listed in Section 102.4, the provisions of this code or the International Codes listed in Section 102.4, as applicable, shall take precedence over the provisions in the referenced code or standard.
102.5 Partial invalidity.
In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
102.6 Existing structures.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Building Code, the International Existing Building Code, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the code official for the general safety and welfare of building occupants and the public.
102.7 Mixed occupancy buildings.
In mixed occupancy buildings, each portion of a building shall comply with the specific requirements of this code applicable to each specific occupancy.
PART 2—ADMINISTRATION AND ENFORCEMENT
DUTIES AND POWERS OF THE CODE OFFICIAL
The code official established in the International Building Code is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions and how this code relates to other applicable codes and ordinances. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code and other applicable codes and ordinances. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code or other applicable codes and ordinances.
103.2 Applications and permits.
The code official shall enforce compliance with the provisions of this code as part of the enforcement of other applicable codes and regulations, including the referenced codes listed in Section 102.4.
103.3 Notices and orders.
The code official shall issue all necessary notices or orders to ensure compliance with this code.
The code official shall make inspections, as required, to determine code compliance, or the code official shall have the authority to accept reports of inspection by approved agencies or individuals. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority.
104.1 Information on construction documents.
The content and format of construction documents shall comply with the International Building Code.
This code is not intended to prevent the use of any material, method of construction, design, system, or innovative approach not specifically prescribed herein, provided that such construction, design, system or innovative approach has been approved by the code official as meeting the intent of this code and all other applicable laws, codes and ordinances.
105.2 Approved materials and equipment.
Materials, equipment, devices and innovative approaches approved by the code official shall be constructed, installed and maintained in accordance with such approval.
105.2.1 Used materials, products and equipment.
The use of used materials, products and equipment that meet the requirements of this code for new materials is permitted. Used equipment and devices shall be permitted to be reused subject to the approval of the code official.
Wherever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and that the modification is in compliance with the intent and purpose of this code and that such modification does not lessen the minimum requirements of this code. The details of granting modifications shall be recorded and entered in the files of the department.
105.4 Innovative approaches and alternative materials, design, and methods of construction and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design, innovative approach, or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design, innovative approach or method of construction shall be reviewed and approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, design, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code The details of granting the use of alternative materials, designs, innovative approach and methods of construction shall be recorded and entered in the files of the department.
105.4.1 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
Wherever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the code official for the period required for retention of public records.
105.5 Compliance materials.
The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this code.
105.6 Approved programs.
The code official or other authority having jurisdiction shall be permitted to deem a national, state or local program to meet or exceed this code. Buildings approved in writing by such a program shall be considered to be in compliance with this code.
105.6.1 Specific approval.
The code official or authority having jurisdiction shall be permitted to approve programs or compliance tools for a specified application, limited scope or specific locale. For example, a specific approval shall be permitted to apply to a specific section or chapter of this code.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any energy, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the code official and obtain the required permit under the applicable code or regulation relevant to the intended work. Separate permits shall not be issued under this code. Exemptions from permit requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other applicable laws, codes or ordinances of this jurisdiction.
Fees for permits shall be paid as required, in accordance with the schedule as established by the applicable governing authority for the intended work prescribed in an application.
BOARD OF APPEALS
Appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code shall be made to the Board of Appeals created under the applicable International Code®.
108.2 Limitations on authority.
An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall have no authority to waive requirements of this code.
The members of the board of appeals related to interpretation of this code shall be qualified by experience and training in the matters covered by this code and shall not be employees of the jurisdiction.
CERTIFICATE OF OCCUPANCY
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.