078 of 2006 - Enacting Chapter 18.95 requiring City funded construction to obtain a LEED designation 0 06-1
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SALT LAKE CITY ORDINANCE
No. 78 of 2006
(Enacting Chapter 18.95 of the Salt Lake City Code Requiring that City Funded Construction
obtain a"Certified" or"Silver"Leadership in Energy and Environmental Design(LEED)
Designation from the United States Green Building Council (USGBC) under Certain Conditions)
AN ORDINANCE ENACTING TITLE 18, CHAPTER 95, SALT LAKE CITY CODE,
REQUIRING LEED CERTIFICATION FOR CERTAIN CITY-FUNDED CONSTRUCTION.
WHEREAS, the City desires to promote sound environmental practices in construction
work that is funded by the City; and
WHEREAS, various local stakeholders, including architects, planners, environmental
consultants, professors, political leaders, energy experts, health officials, and City staff members
have worked with the City extensively to review the Leadership in Energy and Environmental
Design(LEED) rating system, which is a system created by the United States Green Building
Council (USGBC) to provide a national standard for healthy environmental and energy efficient
design; and
WHEREAS, many professionals in our region are familiar with the LEED process,which
is considered to be a consensus-based national standard for developing high-performance,
sustainable buildings; and
WHEREAS, at this time, the USGBC has formally adopted and promulgated three
alternative certification standards, being the LEED Green Building Rating System for New
Construction and Major Renovations (LEED-NC) as adopted in November 2002 and revised in
November 2005, the LEED Green Building Rating System for Commercial Interiors (LEED-CI)
as adopted in November 2002, and the LEED Green Building Rating System for Existing
Buildings Upgrades, Operations and Maintenance (LEED-EB) as adopted in October 2004 and
updated in July 2005; and
WHEREAS, the foregoing alternative standards provide for various certifications
designated as "Certified," "Silver,""Gold," or"Platinum,"based on the number of specified
environmental practices incorporated into a project, with"Certified" being the lowest level of
certification; and
WHEREAS, LEED standards are considered to promote a healthy environment,provide
long-term cost benefits through the efficient use of energy, optimize building performance, and
create healthier workplaces for employees and visitors; and
WHEREAS, the City has determined to require the use of LEED standards under certain
circumstances to obtain the benefits promoted by those standards.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Title 18, Chapter 95 of the Salt Lake City Code shall be and hereby is
enacted to read as follows:
Chapter 18.95
USE OF LEED STANDARDS IN CITY-FUNDED CONSTRUCTION
18.95.010 PURPOSE. The purpose of this ordinance is to promote development consistent
with sound environmental practices by requiring, subject to Sections 18.95.040, 18.95.050, and
18.95.120, that applicable building projects constructed with City construction funds obtain, at a
minimum, (1) "Silver" for City owned and operated buildings, or(2) "Certified" for private
building projects that receive City funds. These designations shall be from the USGBC as
defined herein.
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18.95.020 DEFINITIONS. As used in this Chapter:
A. "Applicable building project"means the construction or major renovation of a
commercial, multi-family residential, or municipal building that will contain more than 10,000
square feet of occupied space when the design contract for such project commences on or after
November 17, 2006.
B. "Board"means the Board of Appeals and Examiners created under Chapter
18.12 of this Code, hereinafter called"board."
C. "Building Official"means the director of the division of building services or
the designee of the director.
D. "Certified"means the level of compliance with the Leadership in Energy and
Environmental Design(LEED) standards designated as "Certified" by the United States Green
Building Council (USGBC).
E. "Chief Procurement Officer"means the City employee designated pursuant to
Subsection 3.24.040A of this Code or that employee's designee pursuant to Section 3.24.050 of
this Code, or any successor to those Sections.
F. "City construction funds"means funds that are authorized to be used for
construction by the City Council for use by any person or City department in order to construct
an applicable building project, including, without limitation, loans, grants, and tax rebates.
However, this term shall not apply to the funds of the Library or Redevelopment Agency.
G. "City Engineer"means the City employee designated pursuant to Subsection
2.08.080B of this Code or that employee's designee to Section 3.24.050 of this Code, or any
successor to those Sections.
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H. "LEED standard"means the Leadership in Energy and Environmental Design
(LEED) Green Building Rating System for New Construction and Major Renovations (LEED-
NC) as adopted in November 2002 and revised in November 2005, the LEED Green Building
Rating System for Commercial Interiors (LEED-CI) as adopted in November 2002, or the LEED
Green Building Rating System for Existing Buildings Upgrades, Operations and Maintenance
(LEED-EB) as adopted in October 2004 and updated in July 2005.
I. "Major renovation"means work that demolishes space down to the shell
structure and rebuilds it with new walls, ceilings, floors and systems, when such work affects
more than twenty five percent(25%) of the building's square footage, and the affected space is at
least 10,000 square feet or larger.
J. "Silver"means the level of compliance with LEED standards designated as
"Silver" by the USGBC.
K. "Substantial compliance"means a determination of good faith efforts to
comply as further described in Section 18.95.110 of this Code.
L. "Temporary structure"means any proposed building that is intended to be in
existence for five (5)years or less or any existing building that at the time it was constructed was
intended to be in existence for five (5)years or less.
M. "USGBC"means the organization known as the United States Green Building
Council.
18.95.030 APPLICATION. Whenever City construction funds are used for an applicable
building project, such project shall at a minimum obtain a Silver certification by the USGBC in
the case of a City-owned building project or Certified certification in the case of all other
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projects, subject to the exceptions,waivers, and determinations of substantial compliance
provided for in this Chapter.
18.95.040 EXCEPTIONS. The provisions of this Chapter shall not apply if the Building
Official and either the Chief Procurement Officer or the City Engineer jointly determine in
writing that any of the following circumstances exist:
A. The applicable building project will serve a specialized, limited function, such
as a pump station, garage, storage building, equipment area, or other similar area, or a single
family residence;
B. The applicable building project is intended to be a temporary structure;
C. The useful life of the applicable building project does not justify whatever
additional expense would be incurred to increase the building's long-term efficiency;
D. The application of LEED standard factors will increase construction costs
beyond the funding capacity for the project, or will require that the project's scope of work or
programmatic needs be diminished to meet budget constraints;
E. The use of LEED standard factors will create an impediment to construction
due to conflicts of laws,building code requirements, federal or state grant funding requirements,
or other similar requirements;
F. LEED factors are not reasonably attainable due to the nature of the facilities or
the schedule for construction; or
G. LEED certification will violate any other federal, state or local law, including,
without limitation, other sections of this Code.
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If an exception is granted, the developer must agree to integrate green building practices
into the design and construction of the project to the maximum extent possible and feasible. A
determination that an exception does not apply may be appealed to the board. Such appeal must
be submitted in writing to the board within thirty(30) days of the determination.
18.95.050 WAIVERS. The denial of an exception pursuant to Section 18.95.040 does not
preclude an application for waiver pursuant to this Section. The board shall have the authority to
grant a waiver from the requirements of this Chapter only if it makes the following findings in
writing:
A. Literal enforcement of this Chapter would cause unreasonable hardship for the
applicant that is not necessary to carry out the general purpose of this Chapter;
B. There are special circumstances attached to the project that do not generally
apply to other projects that are subject to this Chapter;
C. The waiver would not have a substantially negative affect on the Master Plans,
policies, and resolutions of the City and would not be contrary to the purposes of this Chapter;
D. Any asserted economic hardship is not self-imposed; and
E. The spirit of this Chapter will be observed and substantial justice done.
18.95.060 APPEAL OF CITY DECISIONS.
Any private sector developer who is denied an exception, or a determination of substantial
compliance, or who is assessed a penalty by the Building Official and either the Chief
Procurement Officer or the City Engineer,may appeal such decision in writing to the board
within thirty(30) days of the decision and shall state the basis to support the relief sought. The
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board shall review the circumstances of the appeal and shall issue a written determination of the
receipt of the appeal within thirty(30) days consistent with the requirements of this Section.
18.95.070 APPEAL OF BOARD DECISIONS. Any private sector developer denied a
waiver by the board or denied an exception, or determination of substantial compliance, or has
had financial penalties imposed on appeal to the board under this Chapter may appeal such
decision by the board in writing to the Mayor or the Mayor's designee within thirty(30) days of
the decision and shall state the basis to support the relief sought. The Mayor or the Mayor's
designee shall review the circumstances of the appeal and shall issue a written determination
within thirty(30) days of the receipt of the appeal consistent with the requirements of this
Section.
18.95.080 REQUIRED DEPOSIT. All private sector developers, excluding non-profit
developers, who receive City funds for applicable building projects shall submit a ten thousand
dollar($10,000) "good faith" deposit with the City which shall be refunded upon the building
project receiving the applicable level of LEED certification or after a determination of substantial
compliance.
18.95.090 PROOF OF REGISTRATION. Within thirty(30) days from receiving notice
that the City will fund an applicable building project, all private sector developers shall submit
written proof that said project is registered with the USGBC. City funds will not be dispersed
until the required deposit under Section 18.95.080 and the proof of registration under this Section
are received by the City.
18.95.100 REQUEST FOR EXTENSION. If a project is not LEED certified or has not
been granted a determination of substantial compliance within one (1) year after a temporary
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certificate of occupancy is issued by the City, then a private sector developer must file a written
application with the City for an extension to obtain LEED certification. Said application must be
filed with the City no later than three hundred and ninety five (395)days after the date on which
the certificate of occupancy was issued by the City. The City may grant a one (1) year extension
pursuant to this Section and any additional extensions as may be necessary so long as a private
sector developer is actively pursuing LEED certification. Extensions pursuant to this Section
shall begin on the date granted by the City.
18.95.110 REQUEST FOR SUBSTANTIAL COMPLIANCE. Receipt of LEED
certification from the USGBC shall be conclusive evidence of the level of certification stated
therein. If certification is not received from the USGBC or is not at the level required by this
Chapter, a private sector developer may request that the City issue a determination that the
project has substantially complied with this Chapter upon a reasonable demonstration that such
project as constructed is consistent with the intent of this Chapter and that strict enforcement of
this Chapter would create an unreasonable burden in light of the needs of such project, the ability
of the project owner to control cost increases, and other relevant circumstances. The request for
determination of substantial compliance must contain the following information:
A. Final LEED certification application, documentation, and response from the USGBC;
B. An explanation of the efforts and accomplishments made by the private sector
developer to achieve compliance with this Chapter;
C. An explanation of the practical or economic infeasibility of implementing certain high
performance building design or construction techniques that, if implemented, would otherwise
have likely resulted in certification; and
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D. Any other supporting documents the private sector developer wishes to submit.
18.95.120 DETERMINATION OF SUBSTANTIAL COMPLIANCE
The Building Official and either the Chief Procurement Officer or the City Engineer shall review
within sixty(60) days of receipt of a request for determination of substantial compliance and
shall approve or deny the request based on the good faith efforts of the private sector developer
to comply with this Chapter. In making a determination of the good faith efforts, review of the
request shall include whether the private sector developer has established the following:
A. That reasonable, appropriate, and on-going efforts to comply with this Chapter were
taken; and
B. That compliance would otherwise have been obtained but for the practical or
economic infeasibility of implementing high performance building design or construction
techniques.
In making any such determination, cost increases due solely to aesthetic elements shall not
constitute any part of a demonstration of unreasonable burden. A determination of substantial
compliance pursuant to this Section shall satisfy Section 18.95.030.
If the request for determination of substantial compliance is denied, the private sector developer
will be deemed to have not satisfied Section 18.95.030 and shall forfeit the "good faith" deposit
under Section 18.95.080 and may be assessed an additional penalty up to the amount originally
funded by the City. Any penalty assessed shall be offset by the "good faith" deposit.
18.95.130 PENALTY.
Any private sector developer who fails to (1) comply with this Chapter, (2) apply for an
extension pursuant to Section 18.95.100, or(3) receive a determination of substantial
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compliance, shall forfeit the"good faith" deposit to the City to cover the cost and inconvenience
to the City. An additional penalty may be assessed based on a direct analysis of possible LEED
design credits. Given that a total of twenty-six (26) LEED design credits are required for
certification, the additional penalty shall be based on the following considerations:
A. If the City determines that a project could have reasonably received 21-25 LEED
credits, then the private sector developer shall pay the City up to 25% of the amount originally
funded.
B. If the City determines that a project could have reasonably received 16-20 LEED
credits, then the private sector developer shall pay the City up to 50%of the amount originally
funded.
C. If the City determines that a project could have reasonably received 6-15 LEED
credits, then the private sector developer shall pay the City up to 75% of the amount originally
funded.
D. If the City determines that a project could have reasonably received 0-5 LEED credits,
then the private sector developer shall pay the City up to 100% of the amount originally funded.
Failure to pay a penalty within ninety(90) days of written notice from the City shall result in a
lien against the project.
18.95.140 RULEMAKING AUTHORIZATION. The Building Official and either the
Chief Procurement Officer or the City Engineer are authorized to issue administrative rules under
this Chapter.
18.95.150 ADMINISTRATIVE INTERPRETATIONS. Pursuant to the authority granted
under Section 18.50.040B, the Building Official may render interpretations of this Chapter. Such
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interpretations shall conform with the intent and purpose of this Chapter, and shall be made
available in writing for public inspection upon request.
18.95.160 LIMITATIONS. Nothing required under this Chapter shall supersede any
federal, state or local law, including, without limitation, other provisions of this Code; or any
contract, grant, or other funding requirement; or other standards or restrictions that may
otherwise apply to an applicable building project. This Chapter shall not apply whenever its
application would disadvantage the City in obtaining federal funds.
SECTION 2. EFFECTIVE DATE. This Ordinance shall become effective on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah this 7 . day of N4/(1 GI
2006.
CHAIRPERSON
EST:
CHIEF DEPUTY CITY REC RDER
Transmitted to Mayor on November 7, 2006
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Mayor's Action: Approved. Vetoed.
MAYOR
CHIEF DEPUTY ‘7)(ZE ORDER
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(SEAL) - `
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