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For purposes of this Chapter 7, the following terms shall have the meanings set forth below.
“All-Electric” shall have the same meaning as “All-Electric Building or Project” as defined in the San Francisco Green Building Code, as amended from time to time.
“Biodiversity Guidelines” means specific actions for project teams to create local wildlife habitat in the built environment toward fulfilling the City’s Biodiverse City Vision, in accordance with the SF BOS 2018 Biodiversity Resolution. (sfenvironment.org/biodiversityguidelines)
“Building” means any structure with a roof and walls that supports or shelters a use or occupancy, other than that which primarily provides for the collection, storage, treatment, delivery, distribution, and/or transmission of water, wastewater, and/or power utilities.
“City Department” means any agency of the City and County of San Francisco. Any other local, state, or federal agency doing business in San Francisco is not a City Department, such as the San Francisco Unified School District, the San Francisco Community College District, the Office of Community Investment and Infrastructure, and the San Francisco Housing Authority.
“City Leasehold” means a Building or portion thereof owned by a party other than the City where a City Department is a tenant.
“City-Owned Property” means any land or real estate belonging to the City and County of San Francisco, including any portion thereof that is leased to a non-City entity.
“City Representative” means the employee of the City and County of San Francisco who oversees the process for a Municipal Construction Project and is responsible for ensuring that the Contractor complies with all aspects of the contract documents.
“Commission” means the Commission on the Environment.
“Community Center” means a Building and its grounds, where regular public programming provides an essential health and wellness function, important to maintain during an emergency. For the Recreation and Park Department, Community Center specifically means a recreation center.
“Construction and Demolition Debris” or “C & D Debris” shall have the same meaning as “Construction and Demolition Debris” as defined in the Environment Code, Chapter 14, as amended from time to time.
“Contractor” means the company or Person to whom the City awards a binding agreement to deliver a Municipal Construction Project.
“Critical Community Institution” means a Building necessary for providing vital societal and individual functions, including public safety facilities, health clinics, Community Centers, libraries, and emergency management facilities.
“Department” means the Department of the Environment.
“Design Phases” means the generally accepted stages of architectural design: conceptual design, schematic design, design development, and construction documents.
“Director” means the Director of the Department of the Environment or their designee.
“Embodied Carbon” means the sum impact of all the greenhouse gas emissions attributed to a material throughout its lifecycle.
“Green Building Rating System” means an assessment tool, created and managed by a reputable organization in good standing and recognized by the building industry as meeting the standard of care, that includes the following general characteristics, at a minimum:
· Holistic approach to program requirements, with established and comprehensive sustainability metrics for measuring performance in a range of impact areas, such as energy; environmental justice; human and environmental health; integrative process; materials; site and surrounds; and water;
· Independent third-party verification;
· Mechanism for consistent evaluation and communication of achievement or levels of achievement;
· Standardized processes for project data tracking and project team support; and
· Commitment to continuous improvement with clearly delineated and transparent methods for program updates.
“Green Business Certification Inc.” or “GBCI” is the global certification body for the LEED green building program and other sustainability rating systems, as well as the administrator of related professional credentials. (www.gcbi.org)
“Indoor Air Quality” or “IAQ” means the characteristics of air within and around a Building, especially as it relates to the health and comfort of Building occupants, and as it is affected by gases (including but not limited to carbon dioxide, carbon monoxide, radon, formaldehyde, ozone, nitrogen oxides, semi-volatile organic compounds, sulfur oxides, volatile organic compounds), particulates, and microbial contaminants (e.g., mold, bacteria).
“Indoor Environmental Quality” means the overall state of conditions within a Building that affects its occupants, including but not limited to Indoor Air Quality, lighting, acoustics, thermal conditions, daylight, views, and ergonomics.
“Leadership in Energy and Environmental Design” or “LEED®” is an internationally recognized and third-party verified green building rating system developed by the U.S. Green Building Council. (www.usgbc.org/leed)
“LEED Accredited Professional With Specialty” or “LEED AP With Specialty” means an employee of a City Department or a consultant retained by the City through a design or construction contract or other agreement, who has passed the LEED AP With Specialty accreditation exam issued by GBCI and has maintained this credential by earning continuing education hours.
“LEED Online” means the web-based platform provided by the U.S. Green Building Council for LEED project registration, team collaboration, document management, project progress monitoring, and access to forms, reviewer comments, and certification credit language.
“LEED Project Administrator” means the individual member of the design team who registers a Municipal Construction Project with GBCI, and subsequently administers the LEED documentation and certification process for the project. The LEED Project Administrator shall be a LEED AP With Specialty in good standing.
“LEED Scorecard” means a summary chart indicating all LEED prerequisites and credits being pursued and reasonably expected to be achieved for a Municipal Construction Project.
“Maintenance” means repair, replacement, or modernization of items as part of single-trade scope of work (e.g., roofing, boiler, chiller, fire sprinkler, fire alarm, elevator), accessibility barrier removal, or non-permitted work (e.g., finish materials, furniture systems, hardware).
“Major Renovation” means a Municipal Construction Project where Building interior finishes are removed and significant upgrades to structural and/or mechanical, electrical, and/or plumbing systems are proposed; and where the scope of work is extensive enough such that normal Building operations cannot continue while the work is in progress and/or a new certificate of occupancy, or similar official indication that it is fit and ready for use, is required.
“Material Reduction and Recovery Plan” or “MRRP” shall have the same meaning as “Material Reduction and Recovery Plan” as defined in Environment Code, Chapter 14, as amended from time to time.
“Municipal Construction Project” means any planning, design, construction, deconstruction, or demolition activity performed by a City Department or on a city-owned property.
“Natural Gas” shall have the same meaning as “Fuel Gas” as defined in the California Plumbing Code and Mechanical Code, as amended from time to time.
“New Construction” means a Municipal Construction Project that includes land disturbing activity from the ground up, with a new Building envelope and new structural, mechanical, electrical, and plumbing systems.
“Non-Building Project” means a Municipal Construction Project that does not include a Building.
“Person” means a natural person, a firm, joint stock company, business concern, association, partnership or corporation or, to the extent permitted by law, governmental entity, including the City and County of San Francisco and its departments, boards, and commissions for projects within the nine counties surrounding the San Francisco Bay (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma), and its or their successors or assigns.
“Small Project” means New Construction, Major Renovation, or Tenant Improvement that either is less than 10,000 gross square feet or is of any size with insufficient scope to meet all LEED prerequisites.
“Tenant Improvement” means a Municipal Construction Project that involves the customized alterations to the interior of an occupiable Building to accommodate the needs of specific occupants, where interior finishes are removed and/or mechanical, electrical, and/or plumbing systems are proposed, such that normal building operations cannot continue while the work is in progress and/or a new certificate of occupancy, or similar official indication that it is fit and ready for use, is required.
“Tier 1 Emergency Loads” means mission-critical, life-sustaining electrical end uses which shall not comprise less than 10% of total Building electrical capacity and shall include loads essential to the continued function of the use(s) that are the basis for the designation of Critical Community Institution at the site.
“Tier 2 Priority Loads” means electrical end uses that should maintain operation in the event of disruption to electricity supply only when doing so does not threaten the resilient operation of Tier 1 Emergency Loads. Tier 2 Priority Loads usually comprise about 15% of total Building electrical capacity.
“Tier 3 Discretionary Loads” means electrical end uses that should maintain operation in the event of disruption to electricity supply only when doing so does not threaten the resilient operation of Tier 1 Emergency Loads and Tier 2 Priority Loads. Tier 3 Discretionary Loads usually comprise about 75% of total Building electrical capacity.
“Virtual Warehouse” means the City’s online reuse system for all unwanted City-owned items. The Virtual Warehouse facilitates the reuse, recycling, and proper disposal of city-owned material pursuant to the Surplus Disposal Ordinance and Resource Conservation Ordinance. (https://sfenvironment.org/virtualwarehouse).
(Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 701 added and former Sec. 701 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; Ord. 8-20, File No. 190972, App. 2/7/2020, Eff. 3/9/2020, Retro. 1/1/2020; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(a) Municipal Green Building Task Force.
(1) Establishment and purpose. The Municipal Green Building Task Force (the “Task Force”) is hereby established to oversee and assist in enhancing the environmental performance of Municipal Construction Projects pursuant to this Chapter 7. The Task Force shall assist the Director in providing green building advice, assistance, outreach, and education to City Departments. The Task Force shall advise the Department of the Environment on matters of policy related to this Chapter and may review Municipal Construction Projects subject to this Chapter during their design and construction to ensure that the responsible City Departments are complying with the Chapter’s requirements. The Task Force shall hear waiver requests from City Departments and propose recommended actions to the Director (or to the Executive Director of the Port of San Francisco for projects located on property owned or managed by the Port of San Francisco). The Task Force shall facilitate interdepartmental communication and cooperation, and act as an educational forum to increase green building knowledge and share project-related successes and lessons learned.
(2) Membership. The Task Force shall consist of one member of the public appointed by the Mayor, and a representative with building design, construction, and/or finance experience from each of the following City Departments and divisions, or their successor agencies:
(A) Department of the Environment;
(B) Building Design and Construction Division within San Francisco Public Works;
(C) Design and Engineering Division within San Francisco Public Works;
(D) Landscape Architecture Division within San Francisco Public Works;
(E) San Francisco Public Works Buildings - Project Management;
(F) Bureau of Building Repair within San Francisco Public Works;
(G) Power Enterprise within San Francisco Public Utilities Commission;
(H) Water Enterprise within San Francisco Public Utilities Commission;
(I) Wastewater Enterprise within San Francisco Public Utilities Commission;
(J) Infrastructure within San Francisco Public Utilities Commission;
(K) Capital and Planning Division within Recreation and Park Department;
(L) Capital Programs and Construction Division within San Francisco Municipal Transportation Agency;
(M) Office of Resilience and Capital Planning within Office of City Administrator;
(N) Department of Building Inspection;
(O) Citywide Planning Division within Planning Department;
(P) Port of San Francisco;
(Q) San Francisco International Airport;
(R) Facilities Division within San Francisco Public Library;
(S) Fire Department;
(T) Department of Public Health; and,
(U) Real Estate Division within Office of the City Administrator.
Membership on the Task Force is intended, to the extent applicable, to be a continuation of membership on the similar task force established in an earlier iteration of this Section 702, repealed by the ordinance in Board File No. 221223, except to the extent an appointing authority decides to make a change in membership.
(3) Governance. The Task Force shall adopt bylaws to govern its operations.
(b) Department of the Environment.
(1) General duties under this Chapter 7. The Department of the Environment shall:
(A) Develop goals, strategies, and criteria for optimizing the design, construction, renovation, operation, reuse, and dismantling of Municipal Construction Projects and Buildings, and make related policy recommendations to the Board of Supervisors;
(B) Develop and oversee trainings in green building practices for City staff to aid the implementation of policies adopted by the Board of Supervisors;
(C) Chair the Task Force, and coordinate City Departments having responsibility for compliance with the requirements of this Chapter;
(D) Provide technical oversight and assistance directly to Municipal Construction Project teams or through green building technical assistance contracts; and
(E) Develop forms and materials necessary for compliance with this Chapter.
(2) Guidance, rules and regulations. After a public hearing, the Director may promulgate such guidance, forms, performance procedures, rules, and regulations as may be necessary or appropriate from time to time to implement the provisions of this Chapter 7. The Director is authorized to call upon the Task Force and other City Departments as necessary and appropriate to assist in developing such guidance, forms, performance procedures, rules, and regulations. Such guidance, forms, performance procedures, rules, and regulations may include adopting or modifying locally required measures for Municipal Construction Projects, as documented in Section 704.
(3) Implementation costs. The Director shall determine the costs to implement the provisions of this Chapter 7 and shall request that relevant City Departments provide work orders to the Department to cover the costs of implementing and maintaining the programs required by this Chapter.
(c) City Departments.
(1) General Duties Under This Chapter 7. Each City Department, board, and commission subject to this Chapter shall:
(A) Administer its Municipal Construction Projects in accordance with this Chapter;
(B) Cooperate with the Department, and supply in writing all information necessary for the Department to carry out its duties under this Chapter;
(C) Assist the Director in providing advice, assistance, outreach, and education to other City Departments concerning municipal green building practices;
(D) Provide project reports and presentations to the Task Force upon request;
(E) Attend green building related trainings offered by the Department, as appropriate;
(F) Give the Department access to LEED Online and other Green Building Rating System web-based platforms for each Municipal Construction Project registered for certification; and
(G) Designate an employee to represent the interest of, and provide the expertise of, that City Department or division on the Task Force, if listed in Section 702(a)(2).
(Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 702 added and former Sec. 702 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(a) Preemption. The City recognizes that in some circumstances state or federal law governs some of the matters addressed in this Chapter 7. Nothing in this Chapter shall be interpreted or applied by a court or an agency of City government so as to create any requirement, power, or duty in conflict with federal or state law or with a requirement of any government agency, including any agency of City government, implementing federal or state law.
(b) Compliance with building codes. In addition to complying with this Chapter 7, a Municipal Construction Project is subject to the applicable building codes in effect at the time of permit application. A Municipal Construction Project located within the City and County of San Francisco shall comply with the requirements of the San Francisco Green Building Code, except that a Municipal Construction Project located on property owned or managed by the Port of San Francisco shall comply with the Port of San Francisco Green Building Standards Code, and a Municipal Construction Project located at the San Francisco International Airport shall comply with this Chapter and the California Building Standards Code (CCR Title 24). A Municipal Construction Project otherwise located outside the City and County of San Francisco shall comply with this Chapter and the local building code promulgated by the authority having jurisdiction.
(c) Exemptions.
(1) A Municipal Construction Project located on property owned or managed by the Port of San Francisco is not subject to Section 704 of this Chapter 7, except that it is subject to Sections 704(b)(1), 704(b)(2), 704(c)(1)(A), 704(c)(1)(B), 704(c)(2), 704(c)(3), 704(c)(4)(A), 704(d), and 704(e).
(2) A Municipal Construction Project located on property owned or managed by the San Francisco International Airport is not subject to Section 704(e).
(Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 703 added and former Sec. 703 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(a) Green Building Rating Systems.
(1) LEED®. New Construction, Major Renovation, and Tenant Improvement project teams shall use LEED to certify and/or document environmental attributes. Wherever specific LEED prerequisites or credits are cited in this Chapter 7, such references are to LEED version 4.1 (“v4.1”). The U.S. Green Building Council updates LEED from time to time; more recent versions may be used, provided the credits and points achieved are at least as stringent as LEED v4.1. The Director shall adopt by regulation the current applicable versions of LEED pursuant to Section 702(b)(2).
(A) Projects of 10,000 gross square feet or more. The minimum requirement for a project of 10,000 gross square feet or more shall be certified as LEED Gold®. In addition, the following applies:
(i) Conceptual design phase. During the conceptual design phase, the sponsoring City Department shall assemble a project team, which shall include a LEED Project Administrator.
(ii) Schematic design phase. During the schematic design phase, the LEED Project Administrator shall register the Municipal Construction Project with GBCI as a LEED registered project.
(iii) All Design Phases. At the conclusion of each Design Phase, the LEED Project Administrator shall submit to the Department an updated LEED Scorecard for optional review by the Task Force. The Task Force may provide comment on the LEED Scorecard within 35 days of submittal. The LEED Scorecard shall indicate a LEED Gold rating or higher, incorporating all LEED credits referenced in Section 704 and other compatible locally required measures.
(iv) Project Closeout. At the completion of construction, the LEED Project Administrator shall submit LEED documentation to GBCI for certification. Upon achieving certification, the LEED Project Administrator shall submit to the Department a copy of the LEED Gold or LEED Platinum certificate and the final LEED Scorecard for review by the Task Force.
(B) Small Projects. LEED certification is not required and LEED credit documentation is not necessary for a Small Project. Instead, the sponsoring City Department, in consultation with a LEED AP With Specialty, shall prepare and submit to the Department a LEED Scorecard for informational and reporting purposes as follows:
(i) At the conclusion of the conceptual design phase, indicating the maximum LEED credits that are practicable for the project, the sponsoring City Department shall integrate the environmental attributes of these LEED credits throughout the design and construction process.
(ii) Upon receiving a temporary certificate of occupancy or similar indication that the project is substantively complete, indicating all LEED credits that have been or would likely be achieved.
(C) Maintenance. LEED certification, LEED credit documentation, and LEED Scorecard preparation is not required for Maintenance.
(2) Other Green Building Rating Systems. The Department, in consultation with affected City Departments, shall explore the applicability of Green Building Rating Systems for Non-Building Projects and report to the Task Force no later than two years after the effective date of the ordinance in Board File No. 221223, enacting this Chapter 7 and repealing an earlier version of Chapter 7.
(b) Energy Optimization.
(1) Each Municipal Construction Project is subject to compliance with the following locally required measures:
(A) Electric Service To City Departments And Facilities (Administrative Code Section 99.3).
(B) Better Roofs (San Francisco Green Building Code Chapter 5, Section 5.201.1.2).
(2) Commissioning. For each Municipal Construction Project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation to the Department of Environment verifying that the project achieves the LEED credit Enhanced Commissioning Option 1, Path 2: Enhanced and monitoring-based commissioning.
(3) All-Electric Building. Each New Construction or Major Renovation that includes HVAC system replacement shall be All-Electric, except as follows:
(A) Natural Gas or propane service and plumbing may be installed if necessary for processes or features separate from the operation of systems integral to Building functions, such as vehicle fueling and mechanic shop equipment.
(B) Existing equipment that uses Natural Gas and serves the project area, but is outside the scope of the project, may be retained. Projects which both (i) are served by existing equipment that use Natural Gas and are outside the scope of work, and (ii) include upgrade to electric service in the project scope of work, are encouraged to include sufficient electrical service capacity to, in the future, replace existing systems that use Natural Gas with All-Electric systems.
(C) Emergency backup electricity generation systems may use any combination of technologies permitted under applicable law, including combustion of fossil fuels. Zero-emissions emergency backup electricity systems are encouraged, such as onsite batteries that store electricity from onsite solar photovoltaics.
(4) Electrification of Existing Building Systems.
(A) Each City Department shall conduct an inventory of gas-using equipment in their managed Buildings using a template provided by the Director, and upload the inventory results to the City and County of San Francisco’s online data catalog no later than December 31, 2023.
(B) Where a gas-using equipment or system integral to building functions is removed from a Building other than a hospital and/or new equipment is required for a Municipal Construction Project, electric equipment or system must be installed, and:
(i) If new equipment can be supported by existing electric service capacity, no upgrade to electric service infrastructure is required by this subsection 704(b).
(ii) If new equipment requires an increase from existing electric service capacity, the upgraded electric service infrastructure must be sufficient to accommodate the new equipment, future replacement, and electrification of the Building’s remaining gas-using equipment.
(5) Energy Resilience. This provision shall apply to any Municipal Construction Project for which the initial appropriation request, either whole or partial, is submitted to the Board of Supervisors after the effective date of the ordinance in Board File No. 221223, enacting this Chapter 7 and repealing an earlier version of Chapter 7.
(A) Critical Community Institution: For New Construction and Major Renovation that includes HVAC system replacement and electrical system upgrade:
(i) Calculate the battery storage capacity and photovoltaic array size sufficient to ensure ongoing operation of the Building’s Tier 1 Emergency Loads to be met by battery storage and solar resources in the event of disaster or other disruption to electrical power, using a typical operational 3-day cycle in March as a basis of design; and
(ii) install battery storage and photovoltaics consistent with daily ongoing delivery of Tier 1 Emergency Loads and functions specified in Section 704(b)(5)(A)(i).
(B) All other Buildings: For New Construction and Major Renovation, other than at Critical Community Institutions, that includes HVAC system replacement and electrical system upgrade, comply with at least one of the following:
(i) Battery storage and photovoltaics sufficient to sustain ongoing Tier 1 Emergency Loads as specified in Section 704(b)(5)(A)(i); OR
(ii) Annual site zero net energy; OR
(iii) Design energy use intensity (EUI) 50% better than the national median site EUI; OR
(iv) For a Building with process loads that are at least 50% of the Building’s total energy use, exceed requirements of ASHRAE 90.1-2019 by 10%.
(c) Responsible Production and Consumption.
(1) Building Material Management.
(A) Each Municipal Construction Project located within the nine counties surrounding the San Francisco Bay must comply with the Construction and Demolition Debris Recovery Ordinance (No. 27-06) and Environment Code Chapter 14.
(B) For each Municipal Construction Project, the contract between the City Department and the Contractor shall require the Contractor responsible for construction and/or demolition (C&D) debris management to:
(i) Conduct a site assessment to estimate the types of material discards that will be generated during the project, including packaging and/or shipping materials.
(ii) Write and implement a Material Reduction and Recovery Plan (MRRP) in accordance with regulations promulgated under this Chapter 7 to guide onsite material management procedures for waste prevention and material reuse and recycling.
(iii) At a minimum, source-separate for reuse or recycling concrete, metal, clean solid wood, clean and unpainted drywall, and carpet and carpet padding. Other C&D debris must either be source-separated or placed in a C&D debris box for transport to a registered facility to maximize material recovery. The Director may adjust the materials to be source-separated by regulation under Section 702(b)(2) based on the Director’s assessment of infrastructure and markets available.
(iv) If needed, maintain dedicated separate bins for recyclable, compostable, and trash materials as required by Environment Code Chapter 19 Mandatory Recycling and Composting.
(C) For each Tenant Improvement subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the Interior Design + Construction – Commercial Interiors LEED credit Construction and Demolition Waste Management Option 2: Waste Prevention (1 point).
(2) Material Reuse. City Departments are encouraged to prioritize source reduction and onsite reuse through whatever means practicable. To the extent permitted by law, City Departments shall list in the Virtual Warehouse all unwanted furniture, fixtures, equipment, computers, and supplies purchased with City and County of San Francisco funds. Before buying any new furniture, fixtures, equipment, computers, or supplies, City Departments shall check the Virtual Warehouse for available items that meet their needs.
(3) Material Recovery.
(A) City Departments shall ensure that all City-Owned Properties and City Leaseholds have adequate, accessible, and convenient areas for the collection, storage, and loading of 100% of recyclable, compostable, and refuse materials. Design and/or construction contract documents shall incorporate requirements of Environment Code Chapter 19 Mandatory Recycling and Composting, and ensure that the designed and designated areas are sufficient to accommodate containers consistent with both current methods and projected needs when zero waste goals are met, as well as allow for easy access by a collector’s vehicle.
(B) City Departments are required to recycle used fluorescent and other mercury-containing lamps, batteries, and universal waste as defined by California Code of Regulations Section 66261.9.
(4) Embodied Carbon.
(A) Each Municipal Construction Project of 10,000 gross square feet or more shall submit to the Department an embodied carbon reduction strategies checklist on a form provided by the Director for informational and reporting purposes as follows:
(i) At the conclusion of the schematic design phase, as an assessment of the maximum embodied carbon reduction strategies that are practicable for the project. The sponsoring City Department shall prioritize the integration of these strategies throughout the design and construction process.
(ii) Upon receiving a temporary certificate of occupancy or similar indication that the project is substantively complete, explaining the embodied carbon reduction strategies that have been successfully integrated into the design and/or construction process.
(B) For each New Construction or Major Renovation subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Building Life-Cycle Impact Reduction Option 2: Whole-Building Life-Cycle Assessment, Path 3 by addressing at least three product categories or building assembly types. For each Tenant Improvement subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Interiors Life-Cycle Impact Reduction Option 1: Interior Furniture and Nonstructural Elements Reuse (1 point) or Option 3: Building Interiors Life Cycle Assessment (2 points).
(C) For each Municipal Construction Project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Environmental Product Declarations (1 point).
(d) Human and Environmental Health.
(1) Indoor Air Quality. For each Municipal Construction Project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the following LEED credits:
(A) Enhanced Indoor Air Quality Strategies (1 point);
(B) Low-Emitting Materials (5 product categories);
(C) Construction Indoor Air Quality Management Plan (1 point); and
(D) Indoor Air Quality Assessment Option 2: Air Testing (2 points).
(2) Toxics Reduction and Pollution Prevention.
(A) For each Municipal Construction Project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Building Product Disclosure and Optimization - Material Ingredients (1 point) using reporting methodologies that inventory content of a product’s homogeneous materials to at least 1,000 ppm.
(B) For all Municipal Construction Projects and for purchases made by or on behalf of City Departments for these projects, product categories including but not limited to furniture, countertops, door hardware, paints, ceilings, and flooring shall comply with regulations promulgated under this Chapter 7 pertaining to the following attributes, subject to verification by the Department of the Environment:
(i) Added flame retardant chemicals;
(ii) Antimicrobial chemicals;
(iii) Fluorinated chemicals;
(iv) Volatile organic compounds (VOCs) content or emissions.
(v) Polyvinyl chloride (PVC) content;
(vi) Recycled content and recyclability;
(vii) Sustainably grown and harvested wood; and
(viii) Other environmental attributes, consistent with this Chapter.
(3) Biodiversity and Wildlife Habitat. Each Municipal Construction Project shall follow the City and County of San Francisco’s Biodiversity Guidelines.
(e) Water Conservation. A Municipal Construction Project located outside of the City and County of San Francisco may be subject to the following locally required measures if the project is not mandated by the local agency having jurisdiction to meet equivalent requirements:
(1) Construction Site Runoff Ordinance (Public Works Code Sections 146-146.11).
(2) Stormwater Management Ordinance (Public Works Code Sections 147-147.6).
(3) Indoor Water Use Reduction. (Green Building Code, Section 5.103.1.2). For each Municipal Construction Project subject to a LEED certification requirement, the LEED Project Administrator shall submit documentation verifying that the project achieves the LEED credit Indoor Water Use Reduction (30% reduction minimum).
(4) Water Efficient Irrigation Ordinance (Administrative Code Chapter 63).
(Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 704 added as Sec. 709 by Ord. 88-04, File No. 030679, App. 5/27/2004; renumbered and amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 704 added and previous Sec. 704 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; repealed by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)
(a) Waivers for any requirement of this Chapter 7, except any requirement that is mandated by other local or state policy, are available under the following circumstances:
(1) Emergency. When it is necessary to respond to an emergency that endangers public health or safety, the Director of a City Department may grant itself a waiver from any requirement of this Chapter. The City Department shall report within five business days to the Director, on a form provided by the Director, and explain the emergency that prevented compliance with the requirement(s) of this Chapter.
(2) Cost Prohibitive. If the sponsoring City Department of a Municipal Construction Project determines that compliance with any requirement of this Chapter is cost prohibitive, that City Department may request a waiver on a form provided by the Director and submitted to the Task Force. The Task Force shall propose a recommended action to the Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco), who may grant a waiver upon a finding that the Municipal Construction Project’s team has:
(A) Ascertained the specific requirement(s) is cost prohibitive, as measured against the potential economic, environmental, societal, and health benefits posed by that requirement; and
(B) Developed a reasonable plan to maximize the sustainability strategies for the Municipal Construction Project, and counterbalance the requirement that cannot be met to the extent that it is practicable.
(3) Alternate Compliance. The sponsoring City Department of a Municipal Construction Project may request a waiver from LEED Gold if using a Green Building Rating System or standard that is determined by the Task Force to be at least as stringent as LEED or to be more appropriate for a specific project. Such waiver request shall document justification and details for alternate compliance on a form provided by the Director and submitted to the Task Force. The Task Force shall propose a recommended action to the Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco), who may grant a waiver upon finding that the Municipal Construction Project’s team has provided adequate justification.
(4) Other. If, due to specific circumstances, compliance with a requirement would defeat the intent of this Chapter 7 or create an unreasonable burden on the Municipal Construction Project or sponsoring City Department, that City Department may request a waiver on a form provided by the Director. The Task Force shall propose a recommended action to the Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco), who may grant a waiver upon a finding that the requesting City Department has:
(A) Documented the circumstances and burdens at issue; and
(B) Developed a reasonable plan to maximize the sustainability strategies for the Municipal Construction Project, and counterbalance the requirement that cannot be met to the extent that it is practicable.
(b) After the end of the 50% design development phase, the Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or controlled by the Port of San Francisco) will only accept a waiver request for consideration if the project design team can demonstrate extenuating circumstances, including but not limited to unforeseen site conditions or unavailability of a specified system or product.
(c) The Director shall respond to a waiver request within 35 days.
(d) The Director (or the Executive Director of the Port of San Francisco for a project that is located on property owned or managed by the Port of San Francisco) may not grant a waiver for the requirements of Sections 704(c)(1)(B) or 704(c)(2)(A). Granting a waiver for any requirement of this Chapter 7 does not eliminate any requirement of other local or state codes.
(e) The Director, in consultation with the Task Force, shall report to the Commission on the Environment regularly on waivers requested, granted, and denied.
(Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 705 added as Sec. 707 by Ord. 88-04, File No. 030679, App. 5/27/2004; renumbered and amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 705 added and previous Sec. 705 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; Ord. 103-10, File No. 090584, App. 5/21/2010; repealed by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011)
(Added by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 103-10, File No. 090584, App. 5/21/2010; renumbered as Sec. 707 and amended in its entirety by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
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