SDCI

Director's Rule 4-2021

Applicant:

City of Seattle

Department of Construction & Inspections

Page

1 of 10 Supersedes:

20-2017

Publication:

February 11, 2021 Effective:

March 15, 2021

Subject:

Green Building Standard

Code and Section Reference:

SMC 23.58D and

23.84A.014 "G"

Type of Rule:

Code Interpretation and Procedural Rule

Ordinance Authority:

SMC 3.06.040

Index:

Land Use Code/Technical Standards and Procedural Requirements Approved Date

______________ __

Nathan Torgelson, Director, Seattle DCI

PURPOSE

The purpose of this Rule is to describe the requirements and procedures to meet the Green Building Standard and is organized into three sections.

A. Green Building Standard Requirements

B. The procedures to show demonstration of compliance during permit review and construction.

C. The procedure to use a substantially equivalent or superior standard to those in this Rule.

BACKGROUND

The Land Use Code requires compliance with the Green Building Standard, as described in this Rule, when a development exceeds a minimum floor area, includes building a second accessory dwelling unit, and other voluntary incentives for new buildings that provide additional development capacity, such as extra floor area or height. To determine whether your project triggers the Green Building Standard and which zones are included please reference the Green Building Standard summary.

"Green building standard" means a performance-based standard adopted by the Director by rule that is equivalent or superior to standards accepted in the building industry for high-level development strategies and practices that apply to a range of structure types, save resources, and promote renewable, clean energy. As of the effective date of the ordinance introduced as Council Bill 118783, the green building standard could consist of requirements, at a minimum, sufficient to attain the credits needed to achieve a Gold level in the Building Design and Construction rating system in the U.S. Green Building Council LEED v4 green building certification program, or passive house certification from either the Passive House Institute (version 9f) or Passive House Institute US (version 1.03).

RULE

A. Green Building Standard Requirements.

1. Requirements related to site development to mitigate exposure to lead dust during demolition.

a. If any existing structures built prior to 1978 are proposed to be demolished to permit new structures, all exterior non-load bearing lead painted materials (typically siding) must be removed and disposed using industry best practices, or the applicant must demonstrate that all exterior lead has been abated or that no exterior lead painted material exists on the structure. Requirements in this Rule are not intended to diminish or conflict with local, state or federal law related to lead painted material.

b. Or applicants may choose to mitigate by other methods.

i) Deconstruct or partially deconstruct existing structure(s) to remove a minimum 1,000 board feet of wood material for reuse and minimize the use of heavy equipment that generate dust (e.g., track hoes, excavators, bulldozers). Material may be reused on site, donated or sold for reuse.

ii) Retain an existing principal structure as part of the proposed development.

iii) Relocate an existing principal structure to another site whether within the City limits or outside the City limits.

iv) Use at least 500 board feet of salvaged material in the proposed new structure.

c. Green Building Standard site development requirements do not apply for

i) Vacant sites that have never been developed with a principal structure.

ii) When principal structures were demolished at least three years prior to a complete Master Use Permit or construction permit application or prior to the adoption of this Rule. Demolition of principal structures that do not meet this time exception must meet applicable requirements above.

iii) The construction of a second accessory dwelling unit.

2. Do not provide fossil fuel-fired equipment or appliances, including but not limited to residential cooking appliances, clothes dryers, decorative or space heating fireplaces, indoor fire tables, outdoor radiant heaters, space heating appliances and service water heating appliances, except as follows. Fossil fuels are permitted to be used for emergency and standby power generators, cooking appliances in commercial kitchens, outdoor barbecues, and outdoor fireplaces, fire tables or fire pits.

3. Obtain a green building certification through one of the approved green building certification programs listed in Appendix A.

B. Procedures to document a commitment to meet the Green Building Standard (SMC 23.58D.004)

1. Prior to issuance of a Master Use Permit (MUP), if one is required,

a. The property owner or financially responsible party must complete Appendix B, Green Building Standard Commitment for Master Use Permits. The commitment must be embedded in the approved Master Use Permit plan set.

2. Prior to a complete demolition and building permit application

a. The property owner or financially responsible party must complete Appendix C, Green Building Standard Development Site Form. The development site form must be included as a required submittal document. This form indicates how the project will meet the site development requirements to mitigate lead dust required by this Rule.

3. Prior to issuance of the first building permit that includes structural frame

a. The owner or financially responsible party acting on behalf of the owner must appoint a Green Building Inspector. Raters, verifiers or consultants are considered the Green Building Inspectors. Reports will be reviewed by the Green Building team prior to inspection.

b. After permit issuance but prior to the first SDCI framing inspection, the appointed Green Building Inspector must upload a green building field report. Reports will be reviewed by the Green Building team prior to inspection. Field reports must be on letterhead from a company and person approved by the certification organization from Appendix A or a substantially equivalent certification approved by SDCI and include:

i) Certification rating system, version and certification level anticipated and registration or enrollment with such certification organization.

ii) Acknowledgement that the Green Building Inspector chosen is under contract, reviewed the design and construction documents, and determined a strategy for the development proposal.

iii) Evidence to demonstrate compliance with the site development requirements to mitigate exposure to lead dust. Depending on the selected method, this may include, but not be limited to photos, truck or weight tickets, receipts, permit records, or aerial photography to show vacant sites.

iv) Provides other applicable information at the discretion of the Green Building Inspector.

c. Prior to certificate of occupancy or prior to final inspection if no certificate of occupancy is required, the selected Green Building Inspector must upload a green building final report. Reports will be reviewed by the Green Building team prior to inspection or issuance of certificate of occupancy. Final reports must be on letterhead from a company and person approved by the certification organization from Appendix A or a substantially equivalent certification approved by SDCI and include.

i) A summary of the site inspections performed during construction.

ii) Test results for infiltration and commissioning results for ventilation systems.

iii) Evidence to demonstrate compliance with the site development requirements to mitigate exposure to lead dust during demolition if using salvage in the new structure.

iv) Acknowledge that a majority of documentation, testing results and other information has been collected to meet the certification level required.

v) Other applicable information at the discretion of the Green Building Inspector.

4. The following note must be included on the approved construction plans that include the energy code analysis:

This development is subject to the Green Building Standard per Director's Rule 4-2021. Do not provide fossil fuel-fired equipment or appliances, including but not limited to residential cooking appliances, clothes dryers, decorative or space heating fireplaces, indoor fire tables, outdoor radiant heaters, space heating appliances and service water heating appliances, except as follows. Fossil fuels are permitted to be used for emergency and standby power generators, cooking appliances in commercial kitchens, outdoor barbecues, and outdoor fireplaces, fire tables or fire pits.

C. Demonstrating a substantially equivalent or superior standard.

1. An applicant may request consideration of a substantially equivalent or superior standard, to be reviewed on a per project basis. Costs to prepare the analysis will be the responsibility of the applicant. SDCI will review such analysis at the applicable land use hourly rate.

a. Commitment letter. The Director may approve a substantially equivalent standard if the applicant submits a written request, signed by the owner or financially responsible party. The request must include:

i. Documentation demonstrating to the Director how the proposed standard is equivalent or superior to the standards of one or more of the building industry certification programs listed in this Rule; and

ii. identification of an independent third-party organization to evaluate compliance with the standard.

b. Documentation showing equivalence. Broad-based programs, such as Built Green and Leadership in Energy and Environmental Design (LEED) target a range of categories including energy, water, waste, materials, and indoor air quality. Programs such as Passive House US rely on meeting aggressive energy reduction targets that approach or exceed net zero energy. An application to meet a substantially equivalent or superior standard must include a comparative analysis between an approved Green Building Standard as described in Appendix A and the proposed equivalent standard including certification by an independent third-party organization.

Appendix A- Approved Green Building Certification Programs

If there is more than one structure on the development site, each new structure that is subject to the Green Building Standard must be certified.

Versions listed for each program are the earliest versions that will be accepted. Newer versions and checklists will be accepted when made available by the certification program.

Certification Organization Rating System Certification Level Certification Agency if different Version Building Type

Built Green Single Family/Townhouse New Construction checklist 4-Star or better Master Builders Association of King and Snohomish Counties 2021 Checklist (2018 WSEC) Residential (single family, townhouse, rowhouse, duplex, detached accessory dwelling units)

Built Green Multifamily Checklist 4-Star or better Master Builders Association of King and Snohomish Counties 2021 Checklist (2018 WSEC) Residential (apartments, condominiums) and ground level nonresidential floor area

Leadership in Energy and Environmental Design (LEED) New Construction Gold or better Green Building Certification Institute (GBCI)

V4.1 Nonresidential

LEED Core and Shell Gold or better GBCI V4.1 Nonresidential

LEED Residential Single-Family Homes Gold or better GBCI V4.1 Attached or detached residential up to 4 units

LEED Residential Multifamily Homes Gold or better GBCI V4.0, must substitute V4.1 prerequisite & credit for energy performance at a minimum Two or more residential units any number of stories

LEED Residential Multifamily Homes Core and Shell Gold or better GBCI V4.0, must substitute V4.1 prerequisite & credit for energy performance at a minimum Two or more residential units any number of stories-interior fit out not completed

Certification Organization Rating System Certification Level Certification Agency if different Version Building Type

Living Building Challenge (LBC) LBC Living Certification LBC Living Certification International Living Future Institute (ILFI) V4.0 Nonresidential or residential

LBC LBC Petal Certification LBC Petal Certification ILFI V4.0 Nonresidential or residential

LBC Zero Energy Standard Zero Energy Standard ILFI V1.0 Nonresidential or residential

Core Green Building Certification Core Green Building Certification ILFI V1.0 Nonresidential or residential

Passive House Institute US (PHIUS) PHIUS +2018/+2021 Nonresidential and residential

PHIUS 2018 PHIUS +2018 Nonresidential and residential

PHIUS Core PHIUS +2018/+2021 Nonresidential and residential

PHIIUS Prescriptive PHIUS +2021 Residential (single-family, townhouse, rowhouse, duplex)

The following standard is only available for projects applying for funding from the Washington State Housing Trust Fund and/or the Seattle Office of Housing

WA State Department of Commerce, Housing Trust Fund Evergreen Sustainable Development Standard Housing Trust Fund Contract Manager for the State of Washington 4.0 Residential financed by the Seattle Office of Housing and/or State Housing Trust Fund

APPENDIX B

Green Building Standard Commitment Form for Master Use Permit

SDCI Project Number

Project Address

Property Owner or Financially Responsible Party - Name

Property Owner or Financially Responsible Party - Business Name

Address

City/State/Zip

Email

I agree to meet the Green Building Standard pursuant to SMC 23.58D and Director's Rule 4-2021.

1. Mitigate exposure to lead dust during demolition. Select one.

o For existing structures built prior to 1978, remove and dispose using industry best practices of any exterior non-load bearing lead painted materials (typically siding).

o Deconstruct or partially deconstruct existing structure(s) to remove a minimum 1,000 board feet of wood material for reuse and minimize the use of heavy equipment that generate dust (e.g., track hoes, excavators, skid steer loaders, forklifts, bulldozers). Material may be reused on site, donated, or sold for reuse.

o Retain an existing principal structure as part the proposed development.

o Relocate an existing principal structure to another site whether within the City limits or outside the City limits.

o Use at least 500 board feet of salvaged material on the proposed new structure.

Or the development meets one of the below conditions and does not need to meet the Green Building Standard site development requirement.

o Development sites with no principal structure.

o When principal structures were demolished at least three years prior to a complete Master Use Permit or construction permit application or prior to the adoption of this Rule.

o The construction of a second accessory dwelling unit.

2. Green Building Certification per Appendix A, DR 4-2021., Select one certification organization.

o Leadership in Energy and Environmental Design (LEED)

o Built Green

o Passive House Institute US (PHIUS)

o Living Building Challenge (LBC)

o Evergreen Sustainable Development Standard (ESDS)

3. Do not provide fossil fuel-fired equipment or appliances, including but not limited to residential cooking appliances, clothes dryers, decorative or space heating fireplaces, indoor fire tables, outdoor radiant heaters, space heating appliances and service water heating appliances, except as follows. Fossil fuels are permitted to be used for emergency and standby power generators, cooking appliances in commercial kitchens, outdoor barbecues, and outdoor fireplaces, fire tables or fire pits.

I acknowledge the process requirements described in Director's Rule 4-2021 to

submit field and final green building reports during construction and to provide certification within 180 days from the issuance of the final certificate of occupancy (COO) or final inspection, if no COO is required. I acknowledge the requirements in SMC 23.58D.006, that failure to submit the certification report within 180 days, or by such later date as may be allowed by the director shall result in penalties of $500 per day and up to a maximum penalty of 2 percent of construction value. Documentation must be sent electronically to SCIprioritygreen@seattle.gov

Property Owner or Financially Responsible Party Signature and Date

___________________________________________________________________________

APPENDIX C

Green Building Standard Development Site Form

This form is a required document at demolition and construction permit intake if the project is subject to the Green Building Standard.

SDCI Project Number

Project Address

Property Owner or Financially Responsible Party - Name

Property Owner or Financially Responsible Party - Business Name

Address

City/State/Zip

Email

I intend to use the Green Building Standard pursuant to SMC 23.58D and Director's Rule 4-2021, and I will meet one of the following requirements related to site development to mitigate exposure to lead dust during demolition.

o For existing structures built prior to 1978, remove and dispose using industry best practices of any exterior non-load bearing lead painted materials (typically siding).

o Deconstruct or partially deconstruct existing structure(s) to remove a minimum 1,000 board feet of wood material for reuse and minimize the use of heavy equipment that generate dust (e.g., track hoes, excavators, skid steer loaders, forklifts, bulldozers). Material may be reused on site, donated, or sold for reuse.

o Retain an existing principal structure as part of the proposed development.

o Relocate an existing principal structure to another site whether within the City limits or outside the City limits.

o Use at least 500 board feet of salvaged material on the proposed new structure.

Or the development meets one of the below conditions and does not need to meet the Green Building Standard site development requirement.

o When demolition of structures will be completed at least three (3) years prior to a complete Master Use Permit or construction permit application or prior to the adoption of this Rule.

o The construction of a second accessory dwelling unit.

o Development site has never been developed with any principal structures.

Property Owner or Financially Responsible Party Signature and Date

_______________________________________________________________________