PHED ITEM2
September 11, 2017
Work.session
MEMORANDUM
September 7, 2017
TO:
FROM:
SUBJECT:
Planning, Housing and Economic Development Committee
Jeff Zyont{,lenior Legislative Analyst
Work.session:
Bill 19-17, Buildings - Energy Efficiency - Repeal
Bill 19-17, Buildings - Energy Efficiency - Repeal, sponsored by Lead Sponsor Council
President at the request of the County Executive, was introduced on June 13, 2017. A public
hearing was held on June 27.
Bill 19-17 would repeal Article VII of Chapter 8 of the Montgomery County Code and
amend the law relating to buildings, energy efficiency and environmental design. This code
provision established the requirement for new large buildings to achieve Leadership in
Environment and Energy Design (LEED) certification (or an equivalent rating).
The Executive is seeking a repeal of the LEED requirement in anticipation of adopting ER
21-15AMII which requires compliance to the International Green Building Code (IgCC) as
amended by the regulation.
1
The alterative to IgCC compliance would be LEED Silver
certification with minimum energy and atmospheric points.
ER 21-15AMII has a broader scope and a higher standard than the Green Building Law.
The Green Building Law requires new private buildings (or extensively modified buildings) larger
than 10,000 square feet of gross floor area to be certified under the LEED rating system
2
(or an
energy and environmental design standard that the Department of Permitting Services Director
identifies as equivalent).
If
approved, ER 21-15AMII would cover non-residential building with
a floor area of 5,000 square feet or larger, instead of 10,000 square feet and it would require Silver
LEED certification instead of a lower LEED certification.
3
If
the Council approves ER 21-15 AMII, staff recommends approval of Bill 19-17.
A detailed review of the Executive Regulation's content is available in a September 11, 2017 memorandum to the
Planning, Housing, and Economic Development Committee.
2
The Green Building Council is the non-profit institution that certifies a building's rating under LEED standards.
3
There are 4 levels of LEED achievement: 1) Certified-40 to 49 points; 2) Silver-50 to 59 points; 3) Gold-60 to 79
points; and 4) Platinum-80 points or more.
1
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This packet contains:
Bill 19-17
Legislative Request Report
Memo from County Executive, May 16, 2017
Fiscal and Economic Impact statement
Executive Regulation 2 l-l 5AM
Memo from County Executive, August 31, 2017
Executive Regulation 21-l 5AMII
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Circle#
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Bill No.
19-17
Concerning: Buildings - Energy
Efficiency and Environmental Design -
Repeal
Revised:
5/19/17
Draft No.
1
Introduced:
June
13 2017
Expires:
December
13, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
December
1, 2017
Sunset Date: ----'-'N=on-"'e'--------
Ch.
_8_,
Laws of Mont. Co.
2017
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the Request of the County Executive
AN ACT
to:
(1)
(2)
repeal Article VII of Chapter 8 of the Montgomery County Code; and
generally amend the law relating to buildings, energy efficiency, and environmental
design.
By amending
Montgomery County Code
Chapter 8, Buildings
Section 8-26
and repealing
Montgomery County Code
Chapter 8, Buildings
Article VII
Sections 8-46, 8-47, 8-48, 8-49, 8-50, 8-51, and 8-52
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or de.fined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL No. 19-17
1
Sec.
1.
Section 26 of Chapter 8 is amended as follows:
8-26. Conditions of permit.
*
*
2
3
4
5
6
7
*
(c)
Compliance with permit.
All work must conform to the approved
application and plans for which the permit has been issued[, including
any action required under Article VII,] and any approved amendments to
the permit.
*
8
9
*
*
Sec. 2. Article VII of Chapter 8 (Sections 8-46, 8-47, 8-48, 8-49, 8-50, 8-51,
and 8-52) is repealed as follows:
ARTICLE VII. [ENERGY EFFICIENCY AND ENVIRONMENTAL
DESIGN.] Reserved.
8-46. [Short title] Reserved.
[This Article may be cited as the Montgomery County Green Buildings Law.]
8-47. [Policy] Reserved.
[This Article is intended to protect the public health and welfare by requiring an
integrated approach to planning, design, construction, and operation of a covered
building and its surrounding landscape that helps mitigate the energy and
environmental impacts of the building so that it is energy efficient, sustainable, secure,
safe, cost-effective, accessible, functional, and productive.]
8-48. [Definitions] Reserved.
[In
this Article, in addition to any term defined elsewhere in this Chapter, the
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
following words have the meanings indicated:
County building
means any covered building for which the County government
finances at least 30% of the cost of:
(
1)
25
26
27
construction, for a newly constructed building; or
modification, for a building that is extensively modified.
(2)
©
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BILL
No. 19-17
28
29
30
31
32
Covered building
means a newly constructed or extensively modified non-
residential or multi- family residential building that has or will have at least
10,000 square feet of gross floor area.
Extensively modified
refers to any structural modification which alters more than
50% of the building's gross floor area, as indicated on the application for a
building permit. Extensively modified does not include any modification that
is limited to one or more of the following building systems: mechanical;
electrical; plumbing; heating, ventilation, and air conditioning (HVAC); and fire
protection.
Green Building Council
means the U.S. Green Building Council, an
33
34
35
36
37
38
39
40
organization that has developed and published the LEED rating system to
measure the energy and environmental performance of a building.
LEED
refers to the series of Leadership in Energy and Environmental Design
41
42
(LEED) rating systems developed by the Green Building Council.
LEED rating system
means the particular LEED rating system that applies to a
43
44
45
46
covered building, as specified in Executive regulations.
Multi-family residential building
means any multi-family residential or mixed-
use building that is taller than 4 stories. Multi-family residential building does
not include a residential care or assisted living building which can house no
more than 16 occupants.
Newly constructed
refers to a new stand-alone building or an addition to an
47
48
49
existing building. A newly constructed building includes any addition to or
enlargement of an existing building, but does not include any change to an
existing portion of a building.
Non-residential building
means a building not used as a dwelling.
50
51
52
53
54
Non-
residential building does not include any:
(1)
day care center for 5 or few~iersons;
(:2j
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BILL
No. 19-17
55
56
57
58
59
60
61
(2)
(3)
(
4)
accessory building or structure;
agricultural building, stable, barn, or greenhouse;
parking garage that is not heated or cooled; or
other building characterized as a miscellaneous building in the edition of
the ICC International Building Code designated under Section 8-13.]
(5)
8-49. [Standards and requirements] Reserved.
[(a)
County buildings.
Any County building must, in addition to any action
62
63
64
65
66
67
68
required under Section 8-14A, achieve:
(1)
a silver-level rating in the appropriate LEED rating system, as
certified by the Green Building Council;
(2)
a silver-level rating in the appropriate LEED rating system, as
verified by the Director or a qualified person approved by the
Director; or
(3)
energy and environmental design standards that the Director
identifies as equivalent to a silver-level rating in the appropriate
LEED rating system, as verified by the Director or a qualified
person approved by the Director.
(b)
Other covered buildings.
Any other covered building must achieve:
69
70
71
72
73
(1)
a certified-level rating in the appropriate LEED rating system, as
certified by the Green Building Council;
74
75
76
77
78
79
(2)
a certified-level rating in the appropriate LEED rating system, as
verified by the Director or a qualified person approved by the
Director; or
(3)
energy and environmental design standards that the Director
identifies as equivalent to a certified-level rating in the appropriate
LEED rating system, as verified by the Director or a qualified
person approved by the Director.
80
81
G
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BILL
No. 19-17
82
83
84
85
86
87
88
(
c)
Additions.
However, for any building for which an application for all
necessary building permits was filed before September 1, 2008, any later
addition to that building must achieve the requirements of a subsection
(a) or (b), whichever applies, only if the addition would increase the
building's:
(
1)
land coverage by at least 100%; and
gross floor area by at least 10,000 square feet.]
(2)
89
90
8-50. [Building permits] Reserved.
[(a)
Design plans.
The applicant for a building permit for a covered building
91
92
93
94
must submit to the Department:
(
1)
design plans for the building that are likely to achieve the
applicable standard under Section 8-49(a) or (b), whichever
applies, as certified or otherwise approved by the Green Building
Council or verified by the Director or a qualified person designated
by the Department; and
95
96
97
98
99
100
(2)
any other document or information the Department finds necessary
to decide whether the building will achieve the applicable standard
under Section 8-49.
(b)
Building permit.
The Department must require compliance with Section
1
o
1
102
103
104
(
c)
8-49 as a condition of any building permit issued for a covered building.
Final use and occupancy certificate.
The Department must not issue a
final use and occupancy certificate for a covered building unless it finds
that the building has achieved the applicable standard under Section 8-
49.]
8-51. [Regulations] Reserved.
105
106
107
108
[The County Executive must adopt regulations under method (2) to administer
this Article. Those regulations must specf~\
c:_j
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BILL
No.
19-17
109
110
(a)
the LEED rating system, and any equivalent energy and environmental
design standard, that applies to each type of covered building under
Section 8-49(a) and (b).
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
(b)
the process to verify that a covered building complies with any applicable
standard under Section 8-49, including the types of persons who are
qualified to verify compliance;
(
c)
any standards and procedures under which the Director may approve full
or partial waivers of Section 8-49 when compliance would be impractical
or unduly burdensome and the public interest would be served by the
waiver; and
(
d)
standards and procedures for any enforcement mechanism, such as a
performance bond, that the Department finds necessary to accomplish the
purposes of this Article.]
8-52. [Report] Reserved.
[The Director must submit to the Executive and Council, not later than March 1
of each year, a list of each waiver of the requirements of this Article that the Director
approved during the preceding calendar year and any condition attached to the at
waiver.]
Sec. 3. Effective Date
128
This Act takes effect on December 1, 2017.
G
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LEGISLATIVE REQUEST REPOR T
Bill 19-17
Buildings
-
Energy Efficiency
-
Repeal
DESCRIPTION:
Bill 19-17 will repeal Article VII of Chapter 8 of the Montgomery County
Code; and generally amend the law relating to buildings, energy efficiency
and environmental design.
In 2007, the Montgomery County Green Building law codified in Chapter
8 (Buildings), Article VII Energy Efficiency and Environmental Design of
the County Code, and the Department of Permitting Services adopted
Executive Regulation 19-07 to enforces the requirements. The
Department proposed Executive regulation 21-15AM for adoption of
International Green Construction Code (IgCC) which makes green
buildings an integral part of the county building codes and the County
Green Building Law is no longer necessary.
PROBLEM:
GOALS AND:
OBJEC TIVES
To have green building as a feature of the county building codes.
COORDINATION:
The Office of the County Executive.
FISCAL IMP ACT:
ECONOMIC:
IMPAC T
EVALUATION:
EXPERIENCE:
ELSEW HERE
SOURCE OF:
INFOR MATIO N
None.
None.
Not Applicable
Not Applicable
Department of Permitting Services
Not Applicable
APPLICATION:
WITHI N
MUNICIPALITIES
PENALTIES:
Not Applicable
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I..
I
i
OFFICEOFTIIECOUNTYEXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
May 16, 2017
TO:
FROM:
SUBJECT:
Roger Berliner, Council President
/7~
Isiah Leggett, County Executive-+:f
p-··
Legislation repealing and generally amending Article VII of Chapter 8 of the
Montgomery County Code relating to buildings, energy efficiency and
environmental design (the "County Green Buildings Law")
The purpose of the memorandum is to submit legislation proposing repeal of the
County Green Buildings Law which
is
to be replaced by Executive Regulation 21-1 SAM
adopting the 2012 International Green Construction Code with amendments (lgCC). Adoption
of the IgCC makes green building an integral part of the County building codes and the County
Green Buildings Law is no longer necessary. There is no fiscal impact as reflected on the Fiscal
Impact Statement submitted separately.
Attached is the proposed legislation, LRR and the fiscal/economic impact
statements.
If
you have additional questions or need additional information, please contact Harli
Mansouri, Chief Operating Officer, in the Department of Permitting Services at 240-777-6233.
IL:dj
Attachments
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Fiscal Impact Statement
BILL:XX-17
1. Bill Summary
Bill XX-17 will repeal Article VII of Chapter 8, the Montgomery County Green Building
law, of the Montgomery County Code; and generally amend the law relating
to
buildings,
energy efficiency and environmental design.
The County Executive submitted Executive Regulation 21-15AM for Council's
consideration in September 2016. County Council extended the review time for
Executive Regulation 21-15AM until June 30, 2017. This regulation adopts the 2012
International Green Construction Code (IgCC), with amendments, as the energy
conservation and sustainability design standard in Montgomery County, and supersedes
Executive Regulation 19-07AM.
With the adoption of the IgCC, Article VII of Chapter 8 is no longer necessary as the
IgCC sets a higher performance baseline and applies to a broader spectrum of
construction.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of information, assumptions, and methodologies used.
No impact
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
No impact
4. An actuarial analysis through the entire amortization period for each bill/regulation that
would affect retiree pension or group insurance costs.
No impact
5. Later actions that may affect future revenue and expenditures if the bill/regulation
authorizes future spending.
No impact
6. An estimate of the staff time needed
to
implement the bill/regulation.
No impact
7.
An
explanation of how the addition of new
staff
responsibilities would affect other duties.
No impact
8. An estimate of costs when an additional appropriation is needed.
No impact
9. A description of any variable that could affect revenue and cost estimates.
No impact
©
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10. Ranges of revenue or expenditures that are uncertain or difficult to project.
No impact
11. If a Bill is likely to have no fiscal impact, why that is the case.
No impact
12. Other fiscal impacts or comments.
No impact
13. The following contributed to and concurred with this analysis,
Hemal Mustafa, DPS
Hadi Mansouri, DPS
Jennifer Nordin, 0MB
'Date
'
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Economic Impact Statement
Bill ##-17, Draft Bill Title (no title)
Background:
This legislation would:
Repeal Article VII of Chapter 8 of the Montgomery County Code; and
Amend the law related to buildings, energy efficiency, and environmental design.
In
2007, Montgomery County codified Chapter 8, Article VII, Buildings - Energy Efficiency and
Environmental Design, and the Montgomery County Department of Permitting Services (DPS)
adopted Executive Regulation 19-07 for enforcement of the requirements in Chapter
8,
Article
VII.
DPS proposes Executive Regulation 21-lSAM to adopt the recent International Green
Construction Code (IgCC) that makes green buildings an integral part
of
the County building
codes and, thereby, making the County Green Building Law (Chapter
8,
Article
VII)
unnecessary. Bill ##-17 repeals Chapter 8, Article VII as it is replaced by Executive Regulation
21-lSAM.
1. The sources of information, assumptions, and methodologies used.
Source of information includes the Department of Permitting Services (DPS). According
to
DPS, the IgCC is pending adoption
as
an
overlay building code which will render the
existing Green Buildings Law obsolete.
2. A description of any variable that could affect the economic impact estimates.
There
are
no variables
that
could affect the economic impact estimates.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
replaces the current law, this legislation would have no economic impact on employment,
spendmg, savings, investment, incomes,
and
property
values in
the County.
Since the new green building construction code
as
reflected in ER
21-1
SAM effectively ·
4. Ha Bill is likely to have no economic impact, why is that the case?
Please paragraph #3.
5.
The following contributed to or concurred with this analysis:
David Platt and Rob
Hagedoom, Finance.
Alexandre
A.
Espinosa, Director
Department of Finance
~~
Date
Page
1
of 1
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MON TGO MER Y COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-15AM
Effective Date:
Originating DeDartment:
DEPARTMENT OF PERMITTING SERVICES
Montgomery County Regulation on:
COMCO R 08.00.03 ADOPTI ON OF THE 2012 INTERNATIONAL GREEN
CONSTRUCTION CODE
DEPARTMENT OF PERMITTING SERVICES
Issued
by:
County Executive
Regulation No. 21-15AM
Authority: Code Sections 8-13 and 8-14
Supersedes: Executive Regulation 19-07
AM
Council Review: Method 2
Register Vol. 32
Issue 12
Comment deadline:
January
31,
2015
Effective date:
Sunset date: None
SUMMARY:
This regulation adopts the
2012
International Green Construction
Code (IGCC),
with
amendments,
and
supersedes Executive Regulation 19-07AM.
ADDRESSES:
Department of Permitting Services
255 Rockville Pike, Second Floor
Rockville, Maryland 20850
STAFF CONTACT: Hemal Mustafa, Manager
Division of Commercial Building Construction
240-
777-6226
Hadi Mansouri,
Chief Operating Officer
Department of Permitting Services
240-
777-6233
1
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject International Green Construction Code (IGCC) 2012
Number: 21-15AM
Effective Date:
Orlalnatlna Department:
DEPARTMENT bF PERMITTING SERVICES
BACKGROUND INFORMATION: The Department of Permitting Services enforces Chapter 8
(Buildings) of the Montgomery County Code. This regulation is adopted under Sections 8-13 and 8-14 of
the Montgomery County Code. It is a coordinated effort whereby Article VII of Chapter 8 of the
Montgomery County Code is to be repealed under separate Council action and the 2012 Intemational
Green Construction Code is adopted, with amendments, as the energy conservation and sustainable
building design standard in Montgomery County, Maryland. This regulation supersedes Executive
Regulation No. 19-07AM.
COMCOR 08.00.03 Buildings - Energy Conservation and Sustainable Building Design.
08.00.03.01 PURPOSE
This regulation adopts the 2012 International Green Construction Code (IGCC), with
amendments, and establishes:
(a)
a process to verify that certain new construction and additions comply with the
applicable standard;
(b)
standards and procedures under which the Director may approve waivers or
modifications of the IGCC, when compliance would be impracticable or unduly
burdensome and the public interest would be served by the waiver or modification; and
(c)
standards and procedures for any enforcement mechanism that the Department
finds
necessary to accomplish the purposes of the energy conservation and sustainable
building design standard adopted
in
this regulation.
08.00.03.02 APPLICABILITY
This regulation applies to any newly constructed, and to any addition to an existing non-residential
or multi-family residential building, including R-2 and R-4 residential buildings (Group R-4 includes uses
such as Assisted Living, Congregate Care, Group Homes and Social Rehabilitation Facilities), that will
have at least 5,000 square feet of gross floor area. This regulation does not apply to
any
building or
structure exempt under Section 101.3 of the IGCC and Section 08.00.03.06.01 of this regulation.
2
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code {IGCC) 2012
Number: 21-15AM
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.03 DEFINITIONS
For the purposes ofthis regulation, the following words and phrases have the meanings indicated.
Words and phrases defined and used in Chapter 8 of the County Code have the meanings indicated in that
Chapter.
Addition
means an extension or increase in the gross floor area or height of an existing building or
structure. Addition also includes the addition of building components such as electrical and
mechanical systems or elements to an existing building or structure.
Commissioning Plan
means the Commissioning Plan approved by the code official.
Department
means the Department of Permitting Services.
Director
means the Director of the Department of Permitting Services.
Multi-family residential building
means any multi-family residential or mixed-use residential
building that has at least
5,000
square feet of gross floor area.
Multi-family residential building
does not include a residential care or assisted living building which can house no more than 16
occupants.
Newly constructed
refers to
a
new stand-alone building or an addition to an existing building.
Non-residential building
means
a building not used as
a
dwelling.
Non-residential building
does
not include any:
(1)
(2)
(3)
(4)
(5)
day care center for
5
or fewer persons;
accessory building or structure;
agricultural building, stable, barn, or greenhouse;
parking garage that is not heated or cooled; or
other building characterized as a miscellaneous building in the edition of the ICC
International Building Code designated wider Section 8-13 of the Montgomery
County Code.
08.00.03.04 POLICY
In
May
2011, the State of Maryland authorized local jurisdictions
to
adopt the International Green
Construction Code as one of the Model Perfonnance Codes. The Deoartment of
Permitting
Services
3
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-1
SAM
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
supports and recommends adoption of the IGCC as establishing a high performance baseline for energy
conservation and sustainable building practices.
08.00.03.05 PROCEDURES
The IGCC is part of the International Code Council (ICC) building codes family and as such is
subject
to
the same regulations governing the approval and issuance of building permits, and the
inspection procedures and policies codified in the Chapter
8
of the Montgomery County Code.
08.00.03.06
AMENDMENTS TO THE 2012 INTERNATIONAL GREEN
CONSTRUCTION CODE (IGCC)
08.00.03.06.01 Section 101
-
General
Subsection
101.1.
Replace the brackets and the phrase inside the brackets with
" Montgomery County Maryland ".
Subsection
101.3.
Replace Subsection
101.3
with the following: The provisions of this
code shall apply to new construction as it relates to design and construction of buildings
and additions, building sites, 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).
Subsection
101.3.
Add the following exception:
5.
The code shall not apply to items
5.1,
5.2
and
5.3
5.1.
Those low energy buildings that are exempt from the energy requirements of
the current International Energy Conservation Code, including open parking
garages, greenhouses, warehouses, 1>1orage buildings.
5.2 Any new building with less than 5000 sq.ft. gross floor area.
5.3 Any addition to an existing building which will create less
than
5000 sq.ft. of
additional gross floor area.
Subsection 101.4. Add a second sentence to read: "Appendix A shall apply as amended
by subsection Al02.l."
4
I
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive.
101
Monroe Street. Rockville, Maryland
20850
Subjed: International Green Construction Code (IGCC)
2012
Number:
21-lSAM
Effective Date:
Orlalnatlng Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.02 Section 102
-
Applicability
Subsection 102.4. Delete the phrases "the
International Code Council Performance Code
(ICCPC)", "the
International Plumbing Code
(IPC)", and ''the
International Property
Maintenance Code
(IPMC)." Replace the phrase
"International Fire Code
(IFC)" with
"Montgomery County Fire Code."
Subsection 102.6. Delete the phrase "the
International Property Maintenance Code,"
and
replace the phrase
"International Fire Code"
with "Montgomery County Fire Code."
08.00.03.06.03 Section 108
-
Board of Appeals.
Delete.
08.00.03.06,04 Section 202
-
Definitions
Approved Agency.
Add the phrase "by the code official or authority having jurisdiction"
after the phrase "such agency has been approved."
Addition.
Add a second sentence to read: "Addition also includes the addition of building
components such as electrical and mechanical systems or elements to an existing building
or structure."
08.00.03.06.05 Section 301
-
General
Subsection 301.2. Add the phrase, "including Appendix A" after word "applicable" in the
second sentence, and add a new last sentence
in
the paragraph to read "The Department of
Permitting Services will accept LEED Silver certification
in
lieu of the Elective
requirements listed in Appendix A."
08.00.03,06.06 Section 302
-
Jurisdictional Requirements
Subsection 302.1. Delete items 1 and 2, and renumber the second Item 2 as Item 1.
Subsection 302.1.1. Delete.
Table 302.1. Replace Table 302.1 with the following:
5
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·.·
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·r
MONTGO MERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland
20850
Subject: lntematlonal Green Construction Code (IGCC) 2012
Number: 21-15AM
Effective Date:
OriainaHng Department:
DEPARTMENT OF PERMITI'ING SERVICES
TABLE302.1
REQUIREMENTS DETERMINED BY THE JURISDICTION
Section
Section Title or Description and Directives
Chapter
1.
SCOPE
Detached one- and two-family dwellings and multiple single-
family dwellings (town-houses) 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, shall comply with ICC 700.
Group R-3 residential buildings, their accessory structures, and
the site or lot upon which these buildings are located, shall
comply with ICC 700
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, shall comply
with ICC 700.
Chapter 4. SITE DEVEWPMENT AND LAND USE
Flood hazard area preservation, general
Flood hazard area preservation, specific
Surface water protection
Conservation area
Airricultural land
Greenfield sites
Hfa:h-occunancv vehicle oarkin2
Low-emission, hybrid and electric vehicle parking
Lil!ht pollution control
Chapter 5. MATERIAL RESOURCE CONSERVATION
AND EFFICIENCY
Minimum percentage of waste material diverted from landfills
Chapter 6. ENERGY CONSERVATION, EFFICIENCY
AND COe EMISSION REDUCTION
zEPI of Jurisdictional Choice- The jurisdiction shall indicate a
zEPI of 50 or less in each occupancy for which it intends
to
reouire enhanced enemv perfonnance.
Automated demand resoonse infrastructure
Chapter 7. WATER RESOURCE CONSERVATION,
QUALITY AND EFFICIENCY
Municipal reclaimed water
Jurisdictional
Requirements
101.3
Exception
1.1
0Yes
~No
101.3
Exception 1.2
101.3
Exception 1.3
0Yes
[8]No
!XI
Yes
0No
'
I IYes
0Yes
0Yes
I IYes
0Yes
DYes
0Yes
I IYes
I IYes
~
402.2.1
402.2.2
402.3
402.5
402.7
402.8
407.4.1
407.4.2
409.1
503.1
[8J
No
181No
X No
><
No
><
No
IZ!No
~
No
~
No
~
No
SOo/o
302.1, 602.1
604.1
Occupancy:
ALL
zEPI: SO
0Yes
I IYes
181No
IXI No
702.7
6
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-15AM
Effective Date:
Originatina Department:
DEPARTMENT OF PERMITTING SERVICES
Chapter 8. JNDOOR ENVERONMENTAL QUAUTY
·
AND COMFORT
804.2
807.1
Post- Construction Pre-Occupancy Baseline IAQ Testing
Sounds transmission and sound levels
IZ!
Yes
IZ!
Yes
11 Yes
0Yes
0No
I
INo
Chapter 10. EXISTING BUILDINGS: DELETE IN ITS
ENTIRETY
1007.2
1007.3
Evaluation of existing buildings
Post Certificate of Occupancy zEPI, energy demand, and C0
2
e
emissions renorting
Annendix A"
Mmimum 2
project electives shall be selected for a building
with gross floor area less than I
0,000
sa.ft.
Minimum 3 projects electives shall be selected for building
with gross floor area between
10,000
and
20,000
sq.ft.
Minimum
4
projects electives shall be selected for building
with gross floor area greater than
20,000
sq.ft.
IXINo
181
No
AlOl
AIOI
AIOI
181
Yes
181
Yes
~Yes
0No
LJNo
LJNo
If a Chapter or Section moved to Appendix A
is
administered under authority granted to another
governmental entity or agency, such as the Maryland Department of Environment, Maryland-National
Capital Park
&
Planning Commission, or Washington Suburban Sanitary Commission, then the applicant
must exceed the minimum requirements of code, standards, and regulations as written
and
enforced by the
governmental entity or agencies, and any such Chapter or Section will not count as a minimum project
elective.
a
08.00.03.06.07 Section 303
-
Whole Building Life
Cycle
Assessment
Section 303. Move Section 303 to Appendix A.
08.00.03.06.08 Section 401
-
General
Subsection 401.2. Move Subsection 401.2 to Appendix A.
08.00.03.06.09 Section 402
-
Preservation of Natural Resources
Section 402. Move Section 402
to
Appendix A.
08.00.03.06.10 Section 403
-
Storm Water Management
Section 403. Move Section 403
to
Aooendix A.
7
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MONTGOMERY COUNTY
i
'
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockvllle, Maryland 20850
Subject: lntemational Green Construction Code (IGCC) 2012
Number: 2
l
-15AM
Effective Date:
Originatlna Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.11 Section 404
-
Landscape Irrigation and Outdoor Fountains
Section 404. Move Section 404 to Appendix
A.
Appendix
A.
subsection 404.1.1. Delete the phrase "municipal reclaimed water or with."
08.00.03.06.12 Section 405
-
Management of Vegetation, Soils and Erosion Control
Section 405. Move Section 405 to Appendix
A.
08.00.03.06.13 Section 407
-
Transportation Impact
Section 407. Move Section 407 to Appendix
A.
08.00.03.06.14 Section 408-Heat Island Mitigation
Subsection 408.2. Replace the phrase "50 percent" with "40 percent.''
Subsection 408.3. Delete.
08.00.03.06.15 Section 409
-
Site Lighting
Subsections 409.1, 409.2 and 409.3. Delete. Add a new Subsection 409.1 to read: Site
Lighting
shall
comply with the 2015 International Energy Conservation Code and
Chapter 59, Montgomery County Code.
08.00.03.06.16 Section 503
-
Construction Waste Management
Subsection 503.1(4). Add the following phrase at the end ofltem 4: ''before
a
use and
occupancy certificate is issued"
08.00.03.06.17 Section 504-Waste Management and Recycling
Section
504.
Delete.
08.00.03.06.18 Section 505 -Material Selection
Section 505. Move Section 505
to
Appendix A.
8
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\
MONT GOME RY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland
20850
Subject: International Green Construc:Hon Code (IGCC) 2012
Orlalnatlna Department:
DEPARTMENT OF PERMITTING SERVICES
Number: 21-1
SAM
Effective Date:
08.00.03.06.19 Section 506
-
Lamps
Section 506. Move Section 506 to Appendix A.
08.00.03.06.20 Section 601
-
General
Subsection 601.4. Delete the last sentence.
Subsection 601.5. Delete.
08.00.03.06.21 Section 602
-
Modeled Performance Pathway Requirements
Subsection 602.1. Replace the phrase "Section 602.3"
with
"Section 602.2."
·
08.00.03.06.22 Section 604
-
Automated Demand-Response (Auto-DR) Infrastructure
Section 604. Move Section 604 to Appendix
A.
08.00.03.06.23 Section 606
-
Building Mechanical Systems
Subsection 606.4. Delete.
Subsection 606.5. Delete the phrase ''Except as noted herein."
l.
Subsection 606.5.1. Delete.
Subsection 606.6 Variable
air
volume
01
AV) fan control.
Add a Subsection numbering 606.6.1 before the paragraph that begins with the phrase
"Static Pressure sensors."
Add a Subsection numbering 606.6.2 before the paragraph that begins with the phrase
"For systems with direct digital control."
!
08.00.03.06.24 Section 607
-
Building Service Water Heating Systems
Subsection 607.1. Delete the phrase "and the provisions of this section."
9
'c.'::)
;
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
I:
Number: 21-15AM
Effective Date:
I
I
i
i
!
Originating Deoartment:
DEPARTMENT-OF PERMITTING SERVICES
I
I:
Subsections 607.2, 607.3, 607.4, 607.5, and 607.7. Delete.
08.00.03.06.25 Section 608
-
Building Electrical Power and Lighting Systems
Subsection 608.3(3) Parking garages. Replace the phrase
"International Fire Code"
in
exception (2) with "Montgomery County Fire Code."
Subsection 608.5. Move Subsection 608.5 to Appendix A.
Subsection 608.6. Delete.
Subsection 608.12. Move Subsection 608.12 to ,Appendix A.
!;
I
j
08.00.03.06.26 Section 609
-
Specific Appliances and Equipment
Section 609. Delete.
08.00.03.06.27 Section 610
-
Building Renewable Energy Systems
Section 610. Move Section 610 to Appendix A.
08.00.03.06.28 Chapter 7- Water Resource Conservation, Quality and Efficiency
Chapter 7. Delete.
08.00.03.06.29 Section 803
-
HVAC Systems
Subsection 803.3. Delete.
Subsection 803.4.1(1). Add the phrase "a smoke partition in a
fully
sprinklered building
or a" before the phrase "I-hour fire-resistance rated construction assemblies" in Item 1.
08.00.03.06.30 Section 804
-
Specific Indoor Air Quality and Pollutant Control Measures
Section 804. Delete.
08.00.03.06.31 Section 806 -Material Emissions and Pollutant Control
Section 806. Delete.
10
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-1 SAM
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.32 Section 807
-
Acoustics
Section 807. Move Section 807 to Appendix
A.
08.00.03.06.33 Section 808
-
Daylighting
Section 808. Move Section 808 to Appendix A.
08.00.03.06.34 Table 903.1
-
Commissioning Plan
Amend IGCC, Table 903.1, Chapter 4, reference subsections 401.2, 404.1, 405.1.1,
405.1.1, 405.1.3, 405.1.4, 403.1, 405.1.1, 408.2, 408.3.2 and 409 delete, "unless selected as
an elective
in
Appendix
A."
Amend IGCC, Table 903.1, Chapter 6, reference subsection 608.6 delete.
Amend IGCC, Table 903.1, Chapter 7, reference subsections 702.6, 702.8, 703.7.7,
705.1.1, 707.15.1, 708.13.8, and 708.14.2 delete, "unless selected as
an
elective in
Appendix
A."
08.00.03.06.35 Chapter 10
-
Existing Buildings
Delete Chapter
IO
except Section
I
006 - Demolition.
08.00.03.06.36 Chapter 11
-
Existing Building Site Development
Chapter 1
1.
Delete.
08.00.03.06.37 Appendix A
-
Project Electives
First Sentence. Replace the phrase ''the adopting Ordinance" from the first sentence with
''this code and this regulation."
Appendix
A,
Subsection Al 02.1. Add a second and third sentence to read: "The code
official shall require the number of project electives specified
in
Table 302.1 of this
regulation as a minimum.
If
a Chapter or Section moved to Appendix A is administered
under authority granted
to
another governmental entity or agency, such as the Maryland
Department of Environment, Marvland-National Capital Park
&
Planning Commission, or
11
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MONTGO MERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockvllle, Maryland 20850
Subject: International Green ConstrucHon Code (IGCC) 2012
Number: 21-15AM
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.07 SEVERABILITY
The provisions of this regulation are severable. If a court of competent jurisdiction holds that a
provision is invalid or inapplicable, the remainder of the regulation remains in effect.
EFFECTIVE DATE: This regulation is effective on the date Bill No. _ _ _ takes effect.
Approved as to form and legality:
Office of the County Attorney
a
\;t,•c/4
/)/'
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<~~ij
I.
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13
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
August 31, 2017
TO:
Roger Berliner, President, Montgomery County Council
flWM:
SUBJECT:
Isiah Leggett, County E x e c u t i v ~
Executive Regulation 21-15AMII: Adoption of the 2012 International Green
Construction Code, with Amendments which Supersedes Executive Regulation
19-07AM - Method 2
Last September, Executive Regulation 21-15, which proposes adoption of the
2f)j 2
btcmational Green Constructwn Code (IGCC), was transmitted to the County Council
(Council) under Method 2. At that time, the Council extended the period for it to complete its
review
of the
proposed regulation. Relatedly, amendments, which have not yet been reviewed
by
the Council, were transmitted to the Council as ER21-15AM on May 15, 2017.
Following further meetings with stakeholders, the Department of Permitting
S:!rvices has determined that
an
additional modification to the pending Executive Regulation is
appropriate to move forward
with
this important regulation. The modification is reflected in
attached Executive Regulation 21-lSAMII and allows for LEED Silver Certification with
a
minimum of eight points for energy optimization as an alternative compliance pathway.
These changes
do
not affect the previously submitted Fiscal Impact
Statement.
Please contact Hadi Mansouri, Chief Operating Officer in the Department of Permitting Services,
at (240) 777-6233 with questions.
Attachments
. r-q
..
:;]
.
~o
.:::
~r,
><<
,r-,
C)
'v.J
1
montgomerycountymd.gov/311 .
/201111
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it·=~t-
.
Maryland Relay 711
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland
20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-1 SAMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
Montgomery County Regulation on:
COMCOR 08.00.03 ADOPTION OF THE 2012 INTERNATIONAL GREEN
CONSTRUCTION CODE
DEPARTMENT OF PERMITTING SERVICES
Issued by: County Executive
Regulation No. 21-15AMII
Authority: Code Sections 8-13 and 8-14
Supersedes: Executive Regulation 19-07
AM
Council Review: Method 2
Register Vol. 32
Issue 12
Comment deadline: January 31, 2016
Effective date:
Sunset date: None
SUMMARY: This regulation adopts
the 2012
International Green Construction Code (IGCC),
with
amendments, and supersedes Executive Regulation 19-07AM.
ADDRESSES:
Department of Permitting Services
255 Rockville Pike, Second Floor
Rockville,
Maryland
20850
STAFF CONTACT: Hemal Mustafa, Manager
Division of Commercial Building Construction
240-777-6226
Hadi Mansouri, Chief Operating Officer
Department of Permitting Services
240-777-6233
1
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-15AMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
BACKGROUND INFORMATION: The Department of Permitting Services enforces Chapter 8
(Buildings) of the Montgomery County Code. This regulation is adopted under Sections 8-13 and 8-14 of
the Montgomery County Code.
It
is a coordinated effort whereby Article VII of Chapter 8 of the
Montgomery County Code is to be repealed under separate Council action and the 2012 International
Green Construction Code is adopted, with amendments, as the energy conservation and sustainable
building design standard in Montgomery County, Maryland. This regulation supersedes Executive
Regulation No. 19-07AM.
COMCOR 08.00.03 Buildings - Energy Conservation and Sustainable Building Design.
08.00.03.01 PURPOSE
This regulation adopts the 2012 International Green Construction Code (IGCC), with
amendments, and establishes:
(a)
a process to verify that certain new construction and additions comply with the
applicable standard;
(b)
standards and procedures under which the Director may approve waivers or
modifications of the IGCC, when compliance would be impracticable or unduly
burdensome and the public interest would be served by the waiver or modification; and
(c)
standards and procedures for any enforcement mechanism that the Department
finds necessary to accomplish the purposes of the energy conservation and sustainable
building design standard adopted
in
this regulation.
08.00.03.02 APPLICABILITY
This regulation applies to any newly constructed, and to any addition to an existing non-residential
or multi-family residential building, including R-2 and R-4 residential buildings (Group R-4 includes uses
such as Assisted Living, Congregate Care, Group Homes and Social Rehabilitation Facilities), that vvi.11
have at least 5,000 square feet of gross floor area. This regulation does not apply to any building or
structure exempt under Section 101.3 of the IGCC and Section 08.00.03.06.01 of this regulation.
2
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-1 SAMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.03 DEFINITIONS
For the purposes of this regulation, the following words and phrases have the meanings indicated.
Words and phrases defined and used in Chapter 8 of the County Code have the meanings indicated in that
Chapter.
Addition
means an extension or increase in the gross floor area or height of an existing building or
structure. Addition also includes the addition of building components such as electrical and
mechanical systems or elements to an existing building or structure.
Commissioning Plan
means the Commissioning Plan approved by the code official.
Department
means the Department of Permitting Services.
Director
means the Director of the Department of Permitting Services.
Multi-family residential building
means any multi-family residential or mixed-use residential
building that has at least 5,000 square feet of gross floor area.
Multi-family residential building
does not include
a
residential care or assisted living building which can house no more than 16
occupants.
Newly constructed
refers to a new stand-alone building or an addition to an existing building.
Non-residential building
means a building not used as a dwelling.
Non-residential building
does not include any:
(1)
(2)
(3)
(4)
(5)
day care center for 5 or fewer persons;
accessory building or structure;
agricultural building, stable, barn, or greenhouse;
parking garage that is not heated or cooled; or
other building characterized as a miscellaneous building in the edition of the ICC
International Building Code designated under Section 8-13 of the Montgomery
County Code.
08.00.03.04 POLICY
In
May 2011, the State of Maryland authorized local jurisdictions to adopt the International Green
Construction Code as one of the Model Performance Codes. The Department of Permitting Services
3
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject International Green Construction Code (IGCC) 2012
Number: 21- 15AMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
supports and recommends adoption of the IGCC as establishing a high performance baseline for energy
conservation and sustainable building practices.
08.00.03.05 PROCEDURES
The IGCC is part of the International Code Council (ICC) building codes family and as such is
subject to the same regulations governing the approval and issuance of building permits, and the
inspection procedures and policies codified in the Chapter 8 of the Montgomery County Code.
08.00.03.06
AMENDMENTS TO THE 2012 INTERNATIONAL GREEN
CONSTRUCTION CODE (IGCC)
08.00.03.06.01 Section 101- General
Subsection 101.1. Replace the brackets and the phrase inside the brackets with
"Montgomery County Maryland".
Subsection 101.3. Replace Subsection 101.3 with the following: The provisions of this
code shall apply to new construction as it relates to design and construction of buildings
and additions, building sites, 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).
Subsection 101.3. Add the following exceptions:
5. The code shall not apply to items 5.1, 5.2 and 5.3.
5.1. Those low energy buildings that are exempt from the energy requirements of
the current International Energy Conservation Code, including open parking
garages, greenhouses, warehouses, storage buildings.
5.2 Any new building
with
less
than
5000 sq.ft. gross floor area.
5.3
Any
addition to an existing building which will create less
than
5000 sq.ft. of
additional gross floor area.
6. Alternately, USGBC-LEED Certification at the Silver level, using the most current
USGBC mandated version of the LEED Standard,
with
not less
than
8 points under
4
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-15AMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
Option 1 OR: Not less than 5 points under Option 2 of the Energy and Atmosphere Credit
- Optimize Energy Performance - shall be deemed to comply with this code. Where LEED
Certification is selected as an alternative compliance path, it shall not apply to buildings
identified in Section 101.3 - Exceptions 1 through 3.
Subsection 101.4. Add a second sentence to read: "Appendix A shall apply as amended
by subsection A102.1."
08.00.03.06.02 Section 102
-
Applicability
Subsection 102.4. Delete the phrases ''the
International Code Council Performance Code
(ICCPC)", ''the
International Plumbing Code
(IPC)", and "the
International Property
Maintenance Code
(IPMC)." Replace the phrase
"International Fire Code
(IFC)" with
"Montgomery County Fire Code."
Subsection 102.6. Delete the phrase ''the
International Property Maintenance Code,"
and
replace the phrase
"International Fire Code"
with "Montgomery County Fire Code."
08.00.03.06.03 Section 108
-
Board of Appeals.
Delete.
08.00.03.06.04 Section 202
-
Definitions
Approved Agency.
Add the phrase "by the code official or authority having jurisdiction"
after the phrase "such agency has been approved."
Addition.
Add a second sentence to read: "Addition also includes the addition of building
components such as electrical and mechanical systems or elements to an existing building
·
or structure."
08.00.03.06.05 Section 301
-
General
Subsection 301.1.1.
In
the second sentence delete the word "either" and add the phrase "or
exception 6 of Section 08.00.03.06.01 of this regulation" after the word "code".
Subsection 301.2. Add the phrase, "including Appendix A" after word "applicable" in the
second sentence, and add a new last sentence
in
the paragraph to read: "The Department of
Permitting Services will accept LEED Silver certification in lieu of the Elective
requirements listed
in
Appendix A."
5
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-15AMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.06 Section 302
-
Jurisdictional Requirements
Subsection 302.1. Delete items 1 and 2, and renumber the second Item 2 as Item 1.
Subsection 302.1.1. Delete.
Table 302.1. Replace Table 302.1
with
the following:
TABLE302.1
REQUIREMENTS DETERMINED BY THE JURISDICTION
Section
Section Title or Description and Directives
Chapter
I.
SCOPE
Detached one- and two-family dwellings and multiple single-
family dwellings (town-houses) 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, shall comply with
ICC 700.
Group
R-3
residential buildings, their accessory structures, and
the site or lot upon which these buildings are located, shall
comply with
ICC 700
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, shall comply
with
ICC 700.
Chapter 4. SITE DEVELOPMENT AND LAND USE
Flood hazard area preservation, general
Flood hazard area preservation, specific
Surface water protection
Conservation area
Agricultural land
Greenfield sites
Hirn-occupancy vehicle parking
Low-emission, hybrid and electric vehicle parking
Light pollution control
Chapter 5. MATERIAL RESOURCE CONSERVATION
AND EFFICIENCY
Minimum percentage of waste material diverted from landfills
Chapter 6. ENERGY CONSERVATION, EFFICIENCY
AND CO•e EMISSION REDUCTION
Jurisdictional
Requirements
101.3
Exception
1.
1
0Yes
~No
101.3
Exception
1.2
101.3
Exception 1.3
0Yes
[gj No
161Yes
LJNo
402.2.1
402.2.2
402.3
402.5
402.7
402.8
407.4.1
407.4.2
409.1
0Yes
0Yes
0Yes
0Yes
0Yes
I I Yes
I IYes
0Yes
0Yes
[gj No
[gj No
181No
[gjNo
[gj No
[gj No
IXI No
[gjNo
[gj No
503.1
[gj
50%
6
®
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-15AMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
302.1, 602.1
zEPI of Jurisdictional Choice- The jurisdiction shall indicate a
zEPI of 50 or less in each occupancy for which it intends to
require enhanced energy performance.
Automated demand response infrastructure
Chapter
7.
WATER RESOURCE CONSERVATION,
QUALITY AND EFFICIENCY
Municipal reclaimed water
Chapter 8. INDOOR ENVERONMENTAL QUALITY
AND COMFORT
Post- Construction Pre-Occupancy Baseline IAQ Testing
Sounds transmission and sound levels
Chapter 10. EXISTING BUILDINGS: DELETE
IN ITS
ENTIRETY
Evaluation of existing buildings
Post Certificate of Occupancy zEPI, energy demand, and
C0
2
e
emissions reporting
Appendix A"
Minimum 2 project electives shall be selected for a building
with gross floor area less than 10,000 sq.ft.
Minimum 3 projects electives shall be selected for building
with gross floor area between 10,000 and 20,000 sq.ft.
Minimum 4 projects electives shall be selected for building
with gross floor area greater than 20,000 sq.ft.
Occupancy:
ALL
zEPI: 50
I I
Yes
IXI No
-
604.1
702.7
OYes
(gl
No
804.2
807.l
(gl
Yes
(gl
Yes
ONo
ONo
1007.2
1007.3
OYes
OYes
(gl
No
~No
AIOI
AIOI
AlOl
(gl
Yes
(gl
Yes
(gl
Yes
ONo
LJNo
ONo
If a Chapter or Section moved to Appendix A is administered under authority granted to another
governmental entity or agency, such as the Maryland Department of Environment, Maryland-National
Capital Park
&
Planning Commission, or Washington Suburban Sanitary Commission, then the applicant
must exceed the minimum requirements of code, standards, and regulations as written and enforced by the
governmental entity or agencies, and any such Chapter or Section
will
not count as a minimum project
elective.
a
08.00.03.06.07 Section 303
-
Whole Building Life Cycle Assessment
Section 303. Move Section 303 to Appendix A.
08.00.03.06.08 Section 401
-
General
Subsection 401.2. Move Subsection 401.2 to Appendix A.
7
®
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject International Green Construction Code (IGCC) 2012
Number: 21
15AMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.09 Section 402-Preservation of Natural Resources
Section 402. Move Section 402 to Appendix
A.
08.00.03.06.10 Section 403-Storm Water Management
Section 403. Move Section 403 to Appendix
A.
08.00.03.06.11 Section 404
-
Landscape Irrigation and Outdoor Fountains
Section 404. Move Section 404 to Appendix
A.
Appendix A, subsection 404.1.1. Delete the phrase "municipal reclaimed water or with."
08.00.03.06.12 Section 405-Management of Vegetation, Soils and Erosion Control
Section 405. Move Section 405 to Appendix
A.
08.00.03.06.13 Section 407
-
Transportation Impact
Section
407.
Move Section
407
to Appendix
A.
08.00.03.06.14 Section 408
-
Heat Island Mitigation
Subsection 408.2. Replace the phrase "50 percent" with "40 percent."
Subsection 408.3. Delete.
08.00.03.06.15 Section 409
-
Site Lighting
Subsections 409.1, 409.2 and 409.3. Delete. Add
a
new Subsection 409.l to read: Site
Lighting shall comply with the
2015
International Energy Conservation Code and
Chapter
59,
Montgomery County Code.
08.00.03.06.16 Section 503- Construction Waste Management
Subsection
503 .1 (4).
Add the following phrase at the end ofltem
4:
"before a use and
occupancy certificate is issued"
8
@
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC} 2012
Number: 21-1 SAMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.17 Section 504
-
Waste Management and Recycling
Section 504. Delete.
08.00.03.06.18 Section 505
-
Material Selection
Section 505. Move Section 505 to Appendix A.
08.00.03.06.19 Section 506
-
Lamps
Section 506. Move Section 506 to Appendix A.
08.00.03.06.20 Section 601- General
Subsection 601.4. Delete the last sentence.
Subsection 601.5. Delete.
08.00.03.06.21 Section 602
-
Modeled Performance Pathway Requirements
Subsection 602.1. Replace the phrase "Section 602.3" with "Section 602.2."
08.00.03.06.22
Section
604
-Automated Demand-Response (Auto-DR) Infrastructure
Section 604. Move Section 604 to Appendix
A.
08.00.03.06.23 Section 606
-
Building Mechanical Systems
Subsection 606.4. Delete.
Subsection 606.5. Delete the phrase "Except as noted herein."
Subsection 606.5 .1. Delete.
Subsection 606.6 Variable air volume (VA
V)
fan control.
Add a Subsection numbering 606.6.1 before the paragraph that begins with the phrase
"Static Pressure sensors."
9
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MONTGOMERY
COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-
l
5AMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
Add a Subsection numbering 606.6.2 before the paragraph that begins with the phrase
"For systems with direct digital control."
08.00.03.06.24 Section
607
-Building Service Water Heating Systems
Subsection 607 .1 .' Delete the phrase "and the provisions of this section."
Subsections 607.2, 607.3, 607.4, 607.5, and 607.7. Delete.
08.00.03.06.25 Section 608
-
Building Electrical Power and Lighting Systems
Subsection 608.3(3) Parking garages. Replace the phrase
"International Fire Code"
in
exception (2) with "Montgomery County Fire Code."
Subsection 608.5. Move Subsection 608.5 to Appendix
A.
Subsection 608.6. Delete.
Subsection 608.12. Move Subsection 608.12 to Appendix A.
08.00.03.06.26 Section 609
-
Specific Appliances and Equipment
Section 609. Delete.
08.00.03.06.27 Section 610
-
Building Renewable Energy Systems
Section 610. Move Section 610 to Appendix
A.
08.00.03.06.28 Chapter
7 -
Water Resource Conservation, Quality and Efficiency
Chapter 7. Delete.
08.00.03.06.29 Section 803
-
HVAC Systems
Subsection 803.3. Delete.
Subsection 803.4.1(1). Add the phrase "a smoke partition
in
a
fully
sprinklered building
or a" before the phrase "I-hour fire-resistance rated construction assemblies" in Item 1.
10
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-1 SAMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.30 Section 804
-
Specific Indoor Air Quality and Pollutant Control Measures
Section 804. Delete.
08.00.03.06.31 Section 806
-
Material Emissions and Pollutant Control
Section 806. Delete.
08.00.03.06.32 Section 807
-
Acoustics
Section 807. Move Section 807 to Appendix
A.
08.00.03.06.33 Section 808
-
Daylighting
Section 808. Move Section 808 to Appendix A;
08.00.03.06.34 Table 903.l
-
Commissioning Plan
Amend IGCC, Table 903.1, Chapter 4, reference subsections 401.2, 404.1, 405.1.1,
405.1.1, 405.1.3, 405.1.4, 403.1, 405.1.1, 408.2, 408.3.2 and 409 delete, "unless selected as
an elective in Appendix
A."
Amend IGCC, Table 903.1, Chapter 6, reference subsection 608.6 delete.
Amend IGCC, Table 903.1, Chapter 7, reference subsections 702.6, 702.8, 703.7.7,
705.1.1, 707.15.1, 708.13.8, and 708.14.2 delete, "unless selected as an elective
in
Appendix
A."
08.00.03.06.35 Chapter 10
-
Existing Buildings
Delete Chapter 10 except Section 1006 - Demolition.
08.00.03.06.36 Chapter 11
-
Existing
Building
Site Development
Chapter 11. Delete.
11
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MONTGO MERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-1 SAMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.37 Appendix A- Project Electives
First Sentence. Replace the phrase "the adopting Ordinance" from the first sentence with
"this code and this regulation."
Appendix A, Subsection A102.l. Add a second and third sentence to read: "The code
official shall require the number of project electives specified in Table 302.1 ofthi$
regulation as a minimum.
If
a Chapter or Section moved to Appendix A is administered
under authority granted to another governmental entity or agency, such as the Maryland
Department of Environment, Maryland-National Capital Park & Planning Commission, or
Washington Suburban Sanitary Commission, then the applicant must exceed the minimum
requirements of code, standards, and regulations as written and enforced by the
governmental entity or agencies, and any such Chapter or Section will not count as a
minimum
project elective.
Subsection Al 02.2. Delete.
Add a new Section Al 10 to read: "Appendix A includes Sections and Subsections 303,
404,405,407, 505,506,604,608.5, 608.12, 610, 807, and 808, which have been relocated
from Chapters
3
through
8
of the IGCC."
08.00.03.06.38 Appendix B
-
Radon Mitigation
Appendix
B.
Delete.
08.00.03.06.39 Appendix C
-
Optional Ordinance
Appendix C. Delete.
08.00.03.06.40 Appendix D
-
Enforcement Procedures
Appendix
D. Delete.
12
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MONT GOME RY COUNTY
EXECUTIVE REGULATION-
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-15AMII
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.07 SEVERABILITY
The provisions of this regulation are severable. If a court of competent jurisdiction holds that a
provision is invalid or inapplicable, the remainder of the regulation remains
in
effect.
EFFECTIVE DATE: This regulation is effective on the date Bill No. 19-17 takes effect.
ti:&i::tL
Office of the County Attorney
3o
~
.d,,
,._
./.dbl
13
@
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PHED ITEM2
September 11, 2017
Work.session
MEMORANDUM
September 7, 2017
TO:
FROM:
SUBJECT:
Planning, Housing and Economic Development Committee
Jeff Zyont{,lenior Legislative Analyst
Work.session:
Bill 19-17, Buildings - Energy Efficiency - Repeal
Bill 19-17, Buildings - Energy Efficiency - Repeal, sponsored by Lead Sponsor Council
President at the request of the County Executive, was introduced on June 13, 2017. A public
hearing was held on June 27.
Bill 19-17 would repeal Article VII of Chapter 8 of the Montgomery County Code and
amend the law relating to buildings, energy efficiency and environmental design. This code
provision established the requirement for new large buildings to achieve Leadership in
Environment and Energy Design (LEED) certification (or an equivalent rating).
The Executive is seeking a repeal of the LEED requirement in anticipation of adopting ER
21-15AMII which requires compliance to the International Green Building Code (IgCC) as
amended by the regulation.
1
The alterative to IgCC compliance would be LEED Silver
certification with minimum energy and atmospheric points.
ER 21-15AMII has a broader scope and a higher standard than the Green Building Law.
The Green Building Law requires new private buildings (or extensively modified buildings) larger
than 10,000 square feet of gross floor area to be certified under the LEED rating system
2
(or an
energy and environmental design standard that the Department of Permitting Services Director
identifies as equivalent).
If
approved, ER 21-15AMII would cover non-residential building with
a floor area of 5,000 square feet or larger, instead of 10,000 square feet and it would require Silver
LEED certification instead of a lower LEED certification.
3
If
the Council approves ER 21-15 AMII, staff recommends approval of Bill 19-17.
A detailed review of the Executive Regulation's content is available in a September 11, 2017 memorandum to the
Planning, Housing, and Economic Development Committee.
2
The Green Building Council is the non-profit institution that certifies a building's rating under LEED standards.
3
There are 4 levels of LEED achievement: 1) Certified-40 to 49 points; 2) Silver-50 to 59 points; 3) Gold-60 to 79
points; and 4) Platinum-80 points or more.
1
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This packet contains:
Bill 19-17
Legislative Request Report
Memo from County Executive, May 16, 2017
Fiscal and Economic Impact statement
Executive Regulation 2 l-l 5AM
Memo from County Executive, August 31, 2017
Executive Regulation 21-l 5AMII
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\PHED Memo.Docx
Circle#
1
7
8
9
12
24
25
2
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Bill No.
19-17
Concerning: Buildings - Energy
Efficiency and Environmental Design -
Repeal
Revised:
5/19/17
Draft No.
1
Introduced:
June
13 2017
Expires:
December
13, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
December
1, 2017
Sunset Date: ----'-'N=on-"'e'--------
Ch.
_8_,
Laws of Mont. Co.
2017
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the Request of the County Executive
AN ACT
to:
(1)
(2)
repeal Article VII of Chapter 8 of the Montgomery County Code; and
generally amend the law relating to buildings, energy efficiency, and environmental
design.
By amending
Montgomery County Code
Chapter 8, Buildings
Section 8-26
and repealing
Montgomery County Code
Chapter 8, Buildings
Article VII
Sections 8-46, 8-47, 8-48, 8-49, 8-50, 8-51, and 8-52
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or de.fined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL No. 19-17
1
Sec.
1.
Section 26 of Chapter 8 is amended as follows:
8-26. Conditions of permit.
*
*
2
3
4
5
6
7
*
(c)
Compliance with permit.
All work must conform to the approved
application and plans for which the permit has been issued[, including
any action required under Article VII,] and any approved amendments to
the permit.
*
8
9
*
*
Sec. 2. Article VII of Chapter 8 (Sections 8-46, 8-47, 8-48, 8-49, 8-50, 8-51,
and 8-52) is repealed as follows:
ARTICLE VII. [ENERGY EFFICIENCY AND ENVIRONMENTAL
DESIGN.] Reserved.
8-46. [Short title] Reserved.
[This Article may be cited as the Montgomery County Green Buildings Law.]
8-47. [Policy] Reserved.
[This Article is intended to protect the public health and welfare by requiring an
integrated approach to planning, design, construction, and operation of a covered
building and its surrounding landscape that helps mitigate the energy and
environmental impacts of the building so that it is energy efficient, sustainable, secure,
safe, cost-effective, accessible, functional, and productive.]
8-48. [Definitions] Reserved.
[In
this Article, in addition to any term defined elsewhere in this Chapter, the
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
following words have the meanings indicated:
County building
means any covered building for which the County government
finances at least 30% of the cost of:
(
1)
25
26
27
construction, for a newly constructed building; or
modification, for a building that is extensively modified.
(2)
©
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill l.Docx
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BILL
No. 19-17
28
29
30
31
32
Covered building
means a newly constructed or extensively modified non-
residential or multi- family residential building that has or will have at least
10,000 square feet of gross floor area.
Extensively modified
refers to any structural modification which alters more than
50% of the building's gross floor area, as indicated on the application for a
building permit. Extensively modified does not include any modification that
is limited to one or more of the following building systems: mechanical;
electrical; plumbing; heating, ventilation, and air conditioning (HVAC); and fire
protection.
Green Building Council
means the U.S. Green Building Council, an
33
34
35
36
37
38
39
40
organization that has developed and published the LEED rating system to
measure the energy and environmental performance of a building.
LEED
refers to the series of Leadership in Energy and Environmental Design
41
42
(LEED) rating systems developed by the Green Building Council.
LEED rating system
means the particular LEED rating system that applies to a
43
44
45
46
covered building, as specified in Executive regulations.
Multi-family residential building
means any multi-family residential or mixed-
use building that is taller than 4 stories. Multi-family residential building does
not include a residential care or assisted living building which can house no
more than 16 occupants.
Newly constructed
refers to a new stand-alone building or an addition to an
47
48
49
existing building. A newly constructed building includes any addition to or
enlargement of an existing building, but does not include any change to an
existing portion of a building.
Non-residential building
means a building not used as a dwelling.
50
51
52
53
54
Non-
residential building does not include any:
(1)
day care center for 5 or few~iersons;
(:2j
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill 1.Docx
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BILL
No. 19-17
55
56
57
58
59
60
61
(2)
(3)
(
4)
accessory building or structure;
agricultural building, stable, barn, or greenhouse;
parking garage that is not heated or cooled; or
other building characterized as a miscellaneous building in the edition of
the ICC International Building Code designated under Section 8-13.]
(5)
8-49. [Standards and requirements] Reserved.
[(a)
County buildings.
Any County building must, in addition to any action
62
63
64
65
66
67
68
required under Section 8-14A, achieve:
(1)
a silver-level rating in the appropriate LEED rating system, as
certified by the Green Building Council;
(2)
a silver-level rating in the appropriate LEED rating system, as
verified by the Director or a qualified person approved by the
Director; or
(3)
energy and environmental design standards that the Director
identifies as equivalent to a silver-level rating in the appropriate
LEED rating system, as verified by the Director or a qualified
person approved by the Director.
(b)
Other covered buildings.
Any other covered building must achieve:
69
70
71
72
73
(1)
a certified-level rating in the appropriate LEED rating system, as
certified by the Green Building Council;
74
75
76
77
78
79
(2)
a certified-level rating in the appropriate LEED rating system, as
verified by the Director or a qualified person approved by the
Director; or
(3)
energy and environmental design standards that the Director
identifies as equivalent to a certified-level rating in the appropriate
LEED rating system, as verified by the Director or a qualified
person approved by the Director.
80
81
G
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill l.Docx
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BILL
No. 19-17
82
83
84
85
86
87
88
(
c)
Additions.
However, for any building for which an application for all
necessary building permits was filed before September 1, 2008, any later
addition to that building must achieve the requirements of a subsection
(a) or (b), whichever applies, only if the addition would increase the
building's:
(
1)
land coverage by at least 100%; and
gross floor area by at least 10,000 square feet.]
(2)
89
90
8-50. [Building permits] Reserved.
[(a)
Design plans.
The applicant for a building permit for a covered building
91
92
93
94
must submit to the Department:
(
1)
design plans for the building that are likely to achieve the
applicable standard under Section 8-49(a) or (b), whichever
applies, as certified or otherwise approved by the Green Building
Council or verified by the Director or a qualified person designated
by the Department; and
95
96
97
98
99
100
(2)
any other document or information the Department finds necessary
to decide whether the building will achieve the applicable standard
under Section 8-49.
(b)
Building permit.
The Department must require compliance with Section
1
o
1
102
103
104
(
c)
8-49 as a condition of any building permit issued for a covered building.
Final use and occupancy certificate.
The Department must not issue a
final use and occupancy certificate for a covered building unless it finds
that the building has achieved the applicable standard under Section 8-
49.]
8-51. [Regulations] Reserved.
105
106
107
108
[The County Executive must adopt regulations under method (2) to administer
this Article. Those regulations must specf~\
c:_j
F:\LAW\BILLS\1719 Buildings-Energy E:fficiency-Repeal\Bill l.Docx
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BILL
No.
19-17
109
110
(a)
the LEED rating system, and any equivalent energy and environmental
design standard, that applies to each type of covered building under
Section 8-49(a) and (b).
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
(b)
the process to verify that a covered building complies with any applicable
standard under Section 8-49, including the types of persons who are
qualified to verify compliance;
(
c)
any standards and procedures under which the Director may approve full
or partial waivers of Section 8-49 when compliance would be impractical
or unduly burdensome and the public interest would be served by the
waiver; and
(
d)
standards and procedures for any enforcement mechanism, such as a
performance bond, that the Department finds necessary to accomplish the
purposes of this Article.]
8-52. [Report] Reserved.
[The Director must submit to the Executive and Council, not later than March 1
of each year, a list of each waiver of the requirements of this Article that the Director
approved during the preceding calendar year and any condition attached to the at
waiver.]
Sec. 3. Effective Date
128
This Act takes effect on December 1, 2017.
G
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill l.Docx
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LEGISLATIVE REQUEST REPOR T
Bill 19-17
Buildings
-
Energy Efficiency
-
Repeal
DESCRIPTION:
Bill 19-17 will repeal Article VII of Chapter 8 of the Montgomery County
Code; and generally amend the law relating to buildings, energy efficiency
and environmental design.
In 2007, the Montgomery County Green Building law codified in Chapter
8 (Buildings), Article VII Energy Efficiency and Environmental Design of
the County Code, and the Department of Permitting Services adopted
Executive Regulation 19-07 to enforces the requirements. The
Department proposed Executive regulation 21-15AM for adoption of
International Green Construction Code (IgCC) which makes green
buildings an integral part of the county building codes and the County
Green Building Law is no longer necessary.
PROBLEM:
GOALS AND:
OBJEC TIVES
To have green building as a feature of the county building codes.
COORDINATION:
The Office of the County Executive.
FISCAL IMP ACT:
ECONOMIC:
IMPAC T
EVALUATION:
EXPERIENCE:
ELSEW HERE
SOURCE OF:
INFOR MATIO N
None.
None.
Not Applicable
Not Applicable
Department of Permitting Services
Not Applicable
APPLICATION:
WITHI N
MUNICIPALITIES
PENALTIES:
Not Applicable
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I..
I
i
OFFICEOFTIIECOUNTYEXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
May 16, 2017
TO:
FROM:
SUBJECT:
Roger Berliner, Council President
/7~
Isiah Leggett, County Executive-+:f
p-··
Legislation repealing and generally amending Article VII of Chapter 8 of the
Montgomery County Code relating to buildings, energy efficiency and
environmental design (the "County Green Buildings Law")
The purpose of the memorandum is to submit legislation proposing repeal of the
County Green Buildings Law which
is
to be replaced by Executive Regulation 21-1 SAM
adopting the 2012 International Green Construction Code with amendments (lgCC). Adoption
of the IgCC makes green building an integral part of the County building codes and the County
Green Buildings Law is no longer necessary. There is no fiscal impact as reflected on the Fiscal
Impact Statement submitted separately.
Attached is the proposed legislation, LRR and the fiscal/economic impact
statements.
If
you have additional questions or need additional information, please contact Harli
Mansouri, Chief Operating Officer, in the Department of Permitting Services at 240-777-6233.
IL:dj
Attachments
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Fiscal Impact Statement
BILL:XX-17
1. Bill Summary
Bill XX-17 will repeal Article VII of Chapter 8, the Montgomery County Green Building
law, of the Montgomery County Code; and generally amend the law relating
to
buildings,
energy efficiency and environmental design.
The County Executive submitted Executive Regulation 21-15AM for Council's
consideration in September 2016. County Council extended the review time for
Executive Regulation 21-15AM until June 30, 2017. This regulation adopts the 2012
International Green Construction Code (IgCC), with amendments, as the energy
conservation and sustainability design standard in Montgomery County, and supersedes
Executive Regulation 19-07AM.
With the adoption of the IgCC, Article VII of Chapter 8 is no longer necessary as the
IgCC sets a higher performance baseline and applies to a broader spectrum of
construction.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of information, assumptions, and methodologies used.
No impact
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
No impact
4. An actuarial analysis through the entire amortization period for each bill/regulation that
would affect retiree pension or group insurance costs.
No impact
5. Later actions that may affect future revenue and expenditures if the bill/regulation
authorizes future spending.
No impact
6. An estimate of the staff time needed
to
implement the bill/regulation.
No impact
7.
An
explanation of how the addition of new
staff
responsibilities would affect other duties.
No impact
8. An estimate of costs when an additional appropriation is needed.
No impact
9. A description of any variable that could affect revenue and cost estimates.
No impact
©
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10. Ranges of revenue or expenditures that are uncertain or difficult to project.
No impact
11. If a Bill is likely to have no fiscal impact, why that is the case.
No impact
12. Other fiscal impacts or comments.
No impact
13. The following contributed to and concurred with this analysis,
Hemal Mustafa, DPS
Hadi Mansouri, DPS
Jennifer Nordin, 0MB
'Date
'
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Economic Impact Statement
Bill ##-17, Draft Bill Title (no title)
Background:
This legislation would:
Repeal Article VII of Chapter 8 of the Montgomery County Code; and
Amend the law related to buildings, energy efficiency, and environmental design.
In
2007, Montgomery County codified Chapter 8, Article VII, Buildings - Energy Efficiency and
Environmental Design, and the Montgomery County Department of Permitting Services (DPS)
adopted Executive Regulation 19-07 for enforcement of the requirements in Chapter
8,
Article
VII.
DPS proposes Executive Regulation 21-lSAM to adopt the recent International Green
Construction Code (IgCC) that makes green buildings an integral part
of
the County building
codes and, thereby, making the County Green Building Law (Chapter
8,
Article
VII)
unnecessary. Bill ##-17 repeals Chapter 8, Article VII as it is replaced by Executive Regulation
21-lSAM.
1. The sources of information, assumptions, and methodologies used.
Source of information includes the Department of Permitting Services (DPS). According
to
DPS, the IgCC is pending adoption
as
an
overlay building code which will render the
existing Green Buildings Law obsolete.
2. A description of any variable that could affect the economic impact estimates.
There
are
no variables
that
could affect the economic impact estimates.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
replaces the current law, this legislation would have no economic impact on employment,
spendmg, savings, investment, incomes,
and
property
values in
the County.
Since the new green building construction code
as
reflected in ER
21-1
SAM effectively ·
4. Ha Bill is likely to have no economic impact, why is that the case?
Please paragraph #3.
5.
The following contributed to or concurred with this analysis:
David Platt and Rob
Hagedoom, Finance.
Alexandre
A.
Espinosa, Director
Department of Finance
~~
Date
Page
1
of 1
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MON TGO MER Y COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-15AM
Effective Date:
Originating DeDartment:
DEPARTMENT OF PERMITTING SERVICES
Montgomery County Regulation on:
COMCO R 08.00.03 ADOPTI ON OF THE 2012 INTERNATIONAL GREEN
CONSTRUCTION CODE
DEPARTMENT OF PERMITTING SERVICES
Issued
by:
County Executive
Regulation No. 21-15AM
Authority: Code Sections 8-13 and 8-14
Supersedes: Executive Regulation 19-07
AM
Council Review: Method 2
Register Vol. 32
Issue 12
Comment deadline:
January
31,
2015
Effective date:
Sunset date: None
SUMMARY:
This regulation adopts the
2012
International Green Construction
Code (IGCC),
with
amendments,
and
supersedes Executive Regulation 19-07AM.
ADDRESSES:
Department of Permitting Services
255 Rockville Pike, Second Floor
Rockville, Maryland 20850
STAFF CONTACT: Hemal Mustafa, Manager
Division of Commercial Building Construction
240-
777-6226
Hadi Mansouri,
Chief Operating Officer
Department of Permitting Services
240-
777-6233
1
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject International Green Construction Code (IGCC) 2012
Number: 21-15AM
Effective Date:
Orlalnatlna Department:
DEPARTMENT bF PERMITTING SERVICES
BACKGROUND INFORMATION: The Department of Permitting Services enforces Chapter 8
(Buildings) of the Montgomery County Code. This regulation is adopted under Sections 8-13 and 8-14 of
the Montgomery County Code. It is a coordinated effort whereby Article VII of Chapter 8 of the
Montgomery County Code is to be repealed under separate Council action and the 2012 Intemational
Green Construction Code is adopted, with amendments, as the energy conservation and sustainable
building design standard in Montgomery County, Maryland. This regulation supersedes Executive
Regulation No. 19-07AM.
COMCOR 08.00.03 Buildings - Energy Conservation and Sustainable Building Design.
08.00.03.01 PURPOSE
This regulation adopts the 2012 International Green Construction Code (IGCC), with
amendments, and establishes:
(a)
a process to verify that certain new construction and additions comply with the
applicable standard;
(b)
standards and procedures under which the Director may approve waivers or
modifications of the IGCC, when compliance would be impracticable or unduly
burdensome and the public interest would be served by the waiver or modification; and
(c)
standards and procedures for any enforcement mechanism that the Department
finds
necessary to accomplish the purposes of the energy conservation and sustainable
building design standard adopted
in
this regulation.
08.00.03.02 APPLICABILITY
This regulation applies to any newly constructed, and to any addition to an existing non-residential
or multi-family residential building, including R-2 and R-4 residential buildings (Group R-4 includes uses
such as Assisted Living, Congregate Care, Group Homes and Social Rehabilitation Facilities), that will
have at least 5,000 square feet of gross floor area. This regulation does not apply to
any
building or
structure exempt under Section 101.3 of the IGCC and Section 08.00.03.06.01 of this regulation.
2
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code {IGCC) 2012
Number: 21-15AM
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.03 DEFINITIONS
For the purposes ofthis regulation, the following words and phrases have the meanings indicated.
Words and phrases defined and used in Chapter 8 of the County Code have the meanings indicated in that
Chapter.
Addition
means an extension or increase in the gross floor area or height of an existing building or
structure. Addition also includes the addition of building components such as electrical and
mechanical systems or elements to an existing building or structure.
Commissioning Plan
means the Commissioning Plan approved by the code official.
Department
means the Department of Permitting Services.
Director
means the Director of the Department of Permitting Services.
Multi-family residential building
means any multi-family residential or mixed-use residential
building that has at least
5,000
square feet of gross floor area.
Multi-family residential building
does not include a residential care or assisted living building which can house no more than 16
occupants.
Newly constructed
refers to
a
new stand-alone building or an addition to an existing building.
Non-residential building
means
a building not used as
a
dwelling.
Non-residential building
does
not include any:
(1)
(2)
(3)
(4)
(5)
day care center for
5
or fewer persons;
accessory building or structure;
agricultural building, stable, barn, or greenhouse;
parking garage that is not heated or cooled; or
other building characterized as a miscellaneous building in the edition of the ICC
International Building Code designated wider Section 8-13 of the Montgomery
County Code.
08.00.03.04 POLICY
In
May
2011, the State of Maryland authorized local jurisdictions
to
adopt the International Green
Construction Code as one of the Model Perfonnance Codes. The Deoartment of
Permitting
Services
3
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-1
SAM
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
supports and recommends adoption of the IGCC as establishing a high performance baseline for energy
conservation and sustainable building practices.
08.00.03.05 PROCEDURES
The IGCC is part of the International Code Council (ICC) building codes family and as such is
subject
to
the same regulations governing the approval and issuance of building permits, and the
inspection procedures and policies codified in the Chapter
8
of the Montgomery County Code.
08.00.03.06
AMENDMENTS TO THE 2012 INTERNATIONAL GREEN
CONSTRUCTION CODE (IGCC)
08.00.03.06.01 Section 101
-
General
Subsection
101.1.
Replace the brackets and the phrase inside the brackets with
" Montgomery County Maryland ".
Subsection
101.3.
Replace Subsection
101.3
with the following: The provisions of this
code shall apply to new construction as it relates to design and construction of buildings
and additions, building sites, 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).
Subsection
101.3.
Add the following exception:
5.
The code shall not apply to items
5.1,
5.2
and
5.3
5.1.
Those low energy buildings that are exempt from the energy requirements of
the current International Energy Conservation Code, including open parking
garages, greenhouses, warehouses, 1>1orage buildings.
5.2 Any new building with less than 5000 sq.ft. gross floor area.
5.3 Any addition to an existing building which will create less
than
5000 sq.ft. of
additional gross floor area.
Subsection 101.4. Add a second sentence to read: "Appendix A shall apply as amended
by subsection Al02.l."
4
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive.
101
Monroe Street. Rockville, Maryland
20850
Subjed: International Green Construction Code (IGCC)
2012
Number:
21-lSAM
Effective Date:
Orlalnatlng Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.02 Section 102
-
Applicability
Subsection 102.4. Delete the phrases "the
International Code Council Performance Code
(ICCPC)", "the
International Plumbing Code
(IPC)", and ''the
International Property
Maintenance Code
(IPMC)." Replace the phrase
"International Fire Code
(IFC)" with
"Montgomery County Fire Code."
Subsection 102.6. Delete the phrase "the
International Property Maintenance Code,"
and
replace the phrase
"International Fire Code"
with "Montgomery County Fire Code."
08.00.03.06.03 Section 108
-
Board of Appeals.
Delete.
08.00.03.06,04 Section 202
-
Definitions
Approved Agency.
Add the phrase "by the code official or authority having jurisdiction"
after the phrase "such agency has been approved."
Addition.
Add a second sentence to read: "Addition also includes the addition of building
components such as electrical and mechanical systems or elements to an existing building
or structure."
08.00.03.06.05 Section 301
-
General
Subsection 301.2. Add the phrase, "including Appendix A" after word "applicable" in the
second sentence, and add a new last sentence
in
the paragraph to read "The Department of
Permitting Services will accept LEED Silver certification
in
lieu of the Elective
requirements listed in Appendix A."
08.00.03,06.06 Section 302
-
Jurisdictional Requirements
Subsection 302.1. Delete items 1 and 2, and renumber the second Item 2 as Item 1.
Subsection 302.1.1. Delete.
Table 302.1. Replace Table 302.1 with the following:
5
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MONTGO MERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland
20850
Subject: lntematlonal Green Construction Code (IGCC) 2012
Number: 21-15AM
Effective Date:
OriainaHng Department:
DEPARTMENT OF PERMITI'ING SERVICES
TABLE302.1
REQUIREMENTS DETERMINED BY THE JURISDICTION
Section
Section Title or Description and Directives
Chapter
1.
SCOPE
Detached one- and two-family dwellings and multiple single-
family dwellings (town-houses) 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, shall comply with ICC 700.
Group R-3 residential buildings, their accessory structures, and
the site or lot upon which these buildings are located, shall
comply with ICC 700
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, shall comply
with ICC 700.
Chapter 4. SITE DEVEWPMENT AND LAND USE
Flood hazard area preservation, general
Flood hazard area preservation, specific
Surface water protection
Conservation area
Airricultural land
Greenfield sites
Hfa:h-occunancv vehicle oarkin2
Low-emission, hybrid and electric vehicle parking
Lil!ht pollution control
Chapter 5. MATERIAL RESOURCE CONSERVATION
AND EFFICIENCY
Minimum percentage of waste material diverted from landfills
Chapter 6. ENERGY CONSERVATION, EFFICIENCY
AND COe EMISSION REDUCTION
zEPI of Jurisdictional Choice- The jurisdiction shall indicate a
zEPI of 50 or less in each occupancy for which it intends
to
reouire enhanced enemv perfonnance.
Automated demand resoonse infrastructure
Chapter 7. WATER RESOURCE CONSERVATION,
QUALITY AND EFFICIENCY
Municipal reclaimed water
Jurisdictional
Requirements
101.3
Exception
1.1
0Yes
~No
101.3
Exception 1.2
101.3
Exception 1.3
0Yes
[8]No
!XI
Yes
0No
'
I IYes
0Yes
0Yes
I IYes
0Yes
DYes
0Yes
I IYes
I IYes
~
402.2.1
402.2.2
402.3
402.5
402.7
402.8
407.4.1
407.4.2
409.1
503.1
[8J
No
181No
X No
><
No
><
No
IZ!No
~
No
~
No
~
No
SOo/o
302.1, 602.1
604.1
Occupancy:
ALL
zEPI: SO
0Yes
I IYes
181No
IXI No
702.7
6
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-15AM
Effective Date:
Originatina Department:
DEPARTMENT OF PERMITTING SERVICES
Chapter 8. JNDOOR ENVERONMENTAL QUAUTY
·
AND COMFORT
804.2
807.1
Post- Construction Pre-Occupancy Baseline IAQ Testing
Sounds transmission and sound levels
IZ!
Yes
IZ!
Yes
11 Yes
0Yes
0No
I
INo
Chapter 10. EXISTING BUILDINGS: DELETE IN ITS
ENTIRETY
1007.2
1007.3
Evaluation of existing buildings
Post Certificate of Occupancy zEPI, energy demand, and C0
2
e
emissions renorting
Annendix A"
Mmimum 2
project electives shall be selected for a building
with gross floor area less than I
0,000
sa.ft.
Minimum 3 projects electives shall be selected for building
with gross floor area between
10,000
and
20,000
sq.ft.
Minimum
4
projects electives shall be selected for building
with gross floor area greater than
20,000
sq.ft.
IXINo
181
No
AlOl
AIOI
AIOI
181
Yes
181
Yes
~Yes
0No
LJNo
LJNo
If a Chapter or Section moved to Appendix A
is
administered under authority granted to another
governmental entity or agency, such as the Maryland Department of Environment, Maryland-National
Capital Park
&
Planning Commission, or Washington Suburban Sanitary Commission, then the applicant
must exceed the minimum requirements of code, standards, and regulations as written
and
enforced by the
governmental entity or agencies, and any such Chapter or Section will not count as a minimum project
elective.
a
08.00.03.06.07 Section 303
-
Whole Building Life
Cycle
Assessment
Section 303. Move Section 303 to Appendix A.
08.00.03.06.08 Section 401
-
General
Subsection 401.2. Move Subsection 401.2 to Appendix A.
08.00.03.06.09 Section 402
-
Preservation of Natural Resources
Section 402. Move Section 402
to
Appendix A.
08.00.03.06.10 Section 403
-
Storm Water Management
Section 403. Move Section 403
to
Aooendix A.
7
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MONTGOMERY COUNTY
i
'
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockvllle, Maryland 20850
Subject: lntemational Green Construction Code (IGCC) 2012
Number: 2
l
-15AM
Effective Date:
Originatlna Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.11 Section 404
-
Landscape Irrigation and Outdoor Fountains
Section 404. Move Section 404 to Appendix
A.
Appendix
A.
subsection 404.1.1. Delete the phrase "municipal reclaimed water or with."
08.00.03.06.12 Section 405
-
Management of Vegetation, Soils and Erosion Control
Section 405. Move Section 405 to Appendix
A.
08.00.03.06.13 Section 407
-
Transportation Impact
Section 407. Move Section 407 to Appendix
A.
08.00.03.06.14 Section 408-Heat Island Mitigation
Subsection 408.2. Replace the phrase "50 percent" with "40 percent.''
Subsection 408.3. Delete.
08.00.03.06.15 Section 409
-
Site Lighting
Subsections 409.1, 409.2 and 409.3. Delete. Add a new Subsection 409.1 to read: Site
Lighting
shall
comply with the 2015 International Energy Conservation Code and
Chapter 59, Montgomery County Code.
08.00.03.06.16 Section 503
-
Construction Waste Management
Subsection 503.1(4). Add the following phrase at the end ofltem 4: ''before
a
use and
occupancy certificate is issued"
08.00.03.06.17 Section 504-Waste Management and Recycling
Section
504.
Delete.
08.00.03.06.18 Section 505 -Material Selection
Section 505. Move Section 505
to
Appendix A.
8
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MONT GOME RY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland
20850
Subject: International Green Construc:Hon Code (IGCC) 2012
Orlalnatlna Department:
DEPARTMENT OF PERMITTING SERVICES
Number: 21-1
SAM
Effective Date:
08.00.03.06.19 Section 506
-
Lamps
Section 506. Move Section 506 to Appendix A.
08.00.03.06.20 Section 601
-
General
Subsection 601.4. Delete the last sentence.
Subsection 601.5. Delete.
08.00.03.06.21 Section 602
-
Modeled Performance Pathway Requirements
Subsection 602.1. Replace the phrase "Section 602.3"
with
"Section 602.2."
·
08.00.03.06.22 Section 604
-
Automated Demand-Response (Auto-DR) Infrastructure
Section 604. Move Section 604 to Appendix
A.
08.00.03.06.23 Section 606
-
Building Mechanical Systems
Subsection 606.4. Delete.
Subsection 606.5. Delete the phrase ''Except as noted herein."
l.
Subsection 606.5.1. Delete.
Subsection 606.6 Variable
air
volume
01
AV) fan control.
Add a Subsection numbering 606.6.1 before the paragraph that begins with the phrase
"Static Pressure sensors."
Add a Subsection numbering 606.6.2 before the paragraph that begins with the phrase
"For systems with direct digital control."
!
08.00.03.06.24 Section 607
-
Building Service Water Heating Systems
Subsection 607.1. Delete the phrase "and the provisions of this section."
9
'c.'::)
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
I:
Number: 21-15AM
Effective Date:
I
I
i
i
!
Originating Deoartment:
DEPARTMENT-OF PERMITTING SERVICES
I
I:
Subsections 607.2, 607.3, 607.4, 607.5, and 607.7. Delete.
08.00.03.06.25 Section 608
-
Building Electrical Power and Lighting Systems
Subsection 608.3(3) Parking garages. Replace the phrase
"International Fire Code"
in
exception (2) with "Montgomery County Fire Code."
Subsection 608.5. Move Subsection 608.5 to Appendix A.
Subsection 608.6. Delete.
Subsection 608.12. Move Subsection 608.12 to ,Appendix A.
!;
I
j
08.00.03.06.26 Section 609
-
Specific Appliances and Equipment
Section 609. Delete.
08.00.03.06.27 Section 610
-
Building Renewable Energy Systems
Section 610. Move Section 610 to Appendix A.
08.00.03.06.28 Chapter 7- Water Resource Conservation, Quality and Efficiency
Chapter 7. Delete.
08.00.03.06.29 Section 803
-
HVAC Systems
Subsection 803.3. Delete.
Subsection 803.4.1(1). Add the phrase "a smoke partition in a
fully
sprinklered building
or a" before the phrase "I-hour fire-resistance rated construction assemblies" in Item 1.
08.00.03.06.30 Section 804
-
Specific Indoor Air Quality and Pollutant Control Measures
Section 804. Delete.
08.00.03.06.31 Section 806 -Material Emissions and Pollutant Control
Section 806. Delete.
10
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject: International Green Construction Code (IGCC) 2012
Number: 21-1 SAM
Effective Date:
Originating Department:
DEPARTMENT OF PERMITTING SERVICES
08.00.03.06.32 Section 807
-
Acoustics
Section 807. Move Section 807 to Appendix
A.
08.00.03.06.33 Section 808
-
Daylighting
Section 808. Move Section 808 to Appendix A.
08.00.03.06.34 Table 903.1
-
Commissioning Plan
Amend IGCC, Table 903.1, Chapter 4, reference subsections 401.2, 404.1, 405.1.1,
405.1.1, 405.1.3, 405.1.4, 403.1, 405.1.1, 408.2, 408.3.2 and 409 delete, "unless selected as
an elective
in
Appendix
A."
Amend IGCC, Table 903.1, Chapter 6, reference subsection 608.6 delete.
Amend IGCC, Table 903.1, Chapter 7, reference subsections 702.6, 702.8, 703.7.7,
705.1.1, 707.15.1, 708.13.8, and 708.14.2 delete, "unless selected as
an
elective in
Appendix
A."
08.00.03.06.35 Chapter 10
-
Existing Buildings
Delete Chapter
IO
except Section
I
006 - Demolition.
08.00.03.06.36 Chapter 11
-
Existing Building Site Development
Chapter 1
1.
Delete.
08.00.03.06.37 Appendix A
-
Project Electives
First Sentence. Replace the phrase ''the adopting Ordinance" from the first sentence with
''this code and this regulation."
Appendix
A,
Subsection Al 02.1. Add a second and third sentence to read: "The code
official shall require the number of project electives specified
in
Table 302.1 of this
regulation as a minimum.
If