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APPENDIX C
OPTIONAL ORDINANCE


  • 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
    ORDINANCE NO.________

    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 1007.3.3.1. Insert: [AGENCY RESPONSIBLE] where Section 1007.3 is selected in Table 302.1.

    Section 1007.3.3.2. Insert: [AGENCY RESPONSIBLE] where Section 1007.3 is selected in Table 302.1.

    Section 1007.3.3.3. Insert: [AGENCY RESPONSIBLE] where Section 1007.3 is selected in Table 302.1.

    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.

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