HomeMy WebLinkAboutOrd 09-04 Green Building ORDINANCE NO. 9 - 04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN
AMENDING THE DUBLIN MUNICIPAL CODE BY ADDING A NEW CHAPTER 5.61
MANDATING GREEN BUILDING PRACTICES FOR CITY PROJECTS
The City Council of the City of Dubtin does hereby ordain as follows:
SECTION I: ENACTMENT
The Municipal Code is hereby mended by adding Chapter 5.61 which shall read as folloWs:
CHAPTER 5.61 GREEN BUILDING PRACTICES FOR CITY PROJECTS
section 1. FINDINGS
The City Council of the City of Dublin hereby finds and declares that:
A. The design, construction, maintenance, and demolition of buildings and stme~es within
the City can have a significant impact on the City's environmental sustainability, resource usage and
efficiency, waste management, and the health and productivity of residents, workers, and visitors.
B. "Green" building design, conSlrucfion, and operation can have a significant positive effect
on energy and resource efficiency, .waste and pollution generation, and the health and productivity of a
.building' s occupants'over the life of the building.
C. Green building benefits are spread throughout the systems and features of the building.
Building "green" can include, among other things, the use of certified sustainable wood products;
aggressive use of high recycled content products; recycling of waste that occurs during deconstmction,
demolition, and constm~on; enhancement of indoor air quality by selection and use of construction
materials that do not have chemical emissions that are toxic or irritating to building occupants;
modification of heating, ventilation, and air-conditioning systems to provide energy efficiency and
improved indoor air; use of water conserving methods and equipment; and installation of alternative
energy methods for supplemental energy production.
D. The U.S. Green Building Council, developer of the Leadership in Energy and
Environmental Design (LEEDTM) Commercial Green Building Rating System and LEEDTM Reference
Guide, has.become a leader in promoting and guiding green building.
E. Requiting certain City projects to incorporate LEEDTM green building measures is
necessary and appropriate to achieve the benefits of green building.
F. Green design, construction, and operation decisions made by the City in the construction
and remodeling of City buildings resOt ~.e._n.v._i~onment~ ~ts_~d.?s~g~.m. the City over the life
.......... 6f'the'buildihgsi'' Byealling on the'City to inCtiide 'green building meas~S in.its own facilities, the-City
Council provides taxpayers a benefit through environmentally friendly, cheaper to operate,buildings and
simultaneously helps to develop markets for recycled, recyclable, and environmentally sound materials.
G. It is critical to both the economic and environmental health of the City that the City
provides leadership to both the private and public sectors in the ~arena_of energy efficiency and "green"
construction. The most immediate and meaningful way to do this is to include energy efficiency and
green building elements in as many Public buildings as feasible.
H. It is in the public interest to address the appropriateness of mandating green building
requirements for private projects separately from, and subsequent to, applying such requirements to City
Projects. Accordingly, unless and until the City Council determines otherwise, the provisions of this
Chapter shall not apply to private sector development.
Section 2. DEFINITIONS
A. "Green Building Practices" means a whole-systems approach to the design, construction,
and operation of Buildings and Structures that helps mitigate the environmental, economic, and social
impacts of construction, demolition, and renovation. Green Building Practices such as those described in
the LEEDTM Rating System, recognizes the relationship between natural and built environments and seeks
to minimize the use of energy, water, and other natural resources and provide a healthy productive
environment.
B. "Building" means any Structure used or intended for supporting or sheltering any use or
occupancy as defined in the Dublin Building Code.
C. "Structure" means that which is built or constructed, an edifice or building of any kind or
any piece of work artificially built or composed of parts joined together in some definite manner and
permanently attached to the ground.
D. "City Project" or "Project" means new construction or renovation primarily funded or
sponsored by the City, conducted on City-owned property, or managed by City personnel from design
through construction. "City Project" or "Project" shall also include any buildings constructed for the
City's use under a build-to-suit program or project. Traditional Public Works Projects and Parks Projects
are not considered "City Projects" for the purpose of this Chapter.
E. "Construction" means the building of any building or structure or any portion thereof.
F. "Renovation" means: (1) a structural change to the foundation, roof, floor, or exterior of
load-bearing walls of a facility, or the extension of an existing facility to increase its floor area; or (2)
alteration of an existing facility, such as to significantly change its function, even if such renovation does
not include any structural change to the facility.
G. "Initiated" means officially identified and fully funded to offset all the costs associated
with the project as found in the City Capital Improvement Plan.
H. "Conditioned Space" means an enclosed space in a building that is provided with a
mechanical heating/cooling system as defined in the Dublin Building Code.
I. -~';EstimatedC0st°f C°nstmCtlon'' means ~¢' t0t~proje~ted.cost of completing a-proposed
Project, including fees, design, construction and land.
J. "LEED Accredited ProfessionalxM'' .means'an experienced building industry practitioner
who has demonstrated his/her knowledge of integrated design and his/her capacity to facilitate the
LEEDTM c~_~cation process on the LEEDTM Professional Accreditation'exam. The exam, administered
by the U.S. Green Building Council, tests an individual's understanding of green building practices and
principles, and familiarity with LEEDm requiremems, resources, and processes.
K. "LEED Rating SystemTM'' means the most recent version of the Leadership in Energy and'
Environmental Design (LEEDTM) Commercial Green Building Rating SystemTM, or other related LEEDTM
Rating System, approved by the U.S. Green Building Council, as applicable to the Project.
L. "Traditional Public Works Projects" means heavy construction projects, such as pump
stations, flood control improvements, roads, bridges, as well as traffic lights, sidewalks, bike paths and
associated infrastmctureon City-owned and maintained property.
M. "Parks and Recreation Projects" means landscape~ construction projects, such as sports
facilities, play grounds, trails, as well as sports lighting, parking, restrooms and associated infrastructure
on City-owned and maintained property.
N. "The Green Building Compliance Official" means the person who is authorized and
responsible for enforcing this Chapter for any given City project, as designated by the City Manager.
Section 3. MANDATORY GREEN BUILDING PRACTICES
A. City Projects: All City Projects initiated on.or after March 16, 2004, with the Estimated Cost of
Construction of $3,000,000 or greater, shall meet:
"Silver" rating under the LEEDTM Rating System, or a City-approx*ed equivalent.
All projects following the LEED rating system shall be registered and certified by the U.S. Green
Building Council. The Green Building Compliance Official or his/her designee shall undertake such
registration and application for certification.
B. All City Projects im'tiated on or after March 16, 2004, with the Estimated Cost of Construction
of $3,000,000 or less shall be designed and constructed using as many green practices as appropriate to
the project as specified in the Operational Guidelines. These Projects shall not be required to be
registered and.ceatified by the U.S. Green Building Council. The Green Building Compliance Official or
his/her designee shall be responsible for verifying the appropriate green building components.
C. Traditional Public Works and Parks Projects: The Green Building Compliance Official shall
promptly undertake research to identify suitable mechanisms for applying Green Building Practices to
TraditionaI Public Works and Parks and Recreation Projects. Within twelve (12) months of the effective
date of this ordinance, the Green Building Compliance Official shall submit proposed Operational
Guidelines to the City Council requiring the application of appropriate Green Building Practices to
Traditional Public Works and Parks and Recreation Projects.
D. Exemptions: If a City Project has unique circumstances that make compliance with this Chapter
...... ihfeas~bie~-~-'~nB~l~iig conipli-a~c~'Offieial ~3/'-~t an exemption as'set forth in the Operational
Guidelines.
Section 4. STANDARDS FOR COMPLIANCE
A. The Green Building Compliance Official shall be responsible for the development and
maintenance of Operational Guidelines which contain specifications n~cess{n'y or appropriate to achieve
compliance with the Green Building Practices stated in this Chapter. The Operational Guidelines shall be
proposed [or promulgated] atter securing and reviewing comments from affected City Departments.
B. The Operational Guidelines proposed [or promulgated] by the Green Building Compliance
Official under this section shall provide for at least the following:
1. Criteria to escalate or lower the $3,000,000.threshold contained in this Chapter,
2. The incorporation of the Green Building Practices of this Chapter into the
appropriate design and construction contract documents prepared for the applicable City
Projects and Traditional Public Works and Parks Projects;
3. Guidelines specifying how contractor bids or responses to Requests for Proposals
must indicate plans for meeting all applicable LEEDTM or Traditional Public Works and
Parks and Recreation Green Building criteria required under this Chapter. All projects
following the LEED rating system shall be required to have ~a LEEDTM Accredited
Professional on the Project team;
4. Guidelines specifying how green and sustainable practices and products will be
incorporated in the operation and maintenance of City projects;
5. Guidelines specifying how the Green Building Compliance Official' will administer
and monitor compliance with the Green Building Practices set forth in this Chapter and
with any rules or regulations promulgated thereunder, and make recommendations to the
City Council concerning the granting of waivers or exemptions from the requirements of
this Chapter, including Certification of City Projects.
Section, 5,. UNUSUAL CIRCUMSTANCES
Compliance with the provisions of this Chapter may be waived in unusual circumstances where
the City Council has, by resolution, found and determined that the public interest would not be served by
complying with such provisions.
SECTION II: SEVERABILITY
If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining
portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed
each chapter, section, subsection, subdivision, paragraph, sentence, clause, and phrase of this Ordinance
irrespective of the fact that one or more chapters, sections, subsections, subdivisions, paragraphs,
. sentences, clauses, or phrases be declared unconstitutional, invalid, or effec~!y¢~- ~ro _flfi:~'~:;e_nd,_ ~e..
SECTION III: EFFECTIVE DATE
This ord..ce shall take effect and be in force thirty (30) days from and after the date of paSsage.
The City Clerk of the City of Dublin shall caUSe the Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of
California.
PASSED AND APPROVED AND ADOPTED by the City Council of the City of Dublin, on this
t6th day of March, 2004, by the following vote:
AYES: Councilmembers McCormick, Omvetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None ~
ATTEST:
K-2/O/3-16-04/ord-greenbldg.doc (Item 6.2)