Recommendation
Staff recommends that the Mayor and Council introduce the attached Ordinance on building code revisions and green updates. Staff also recommends opening a public comment period, and holding a public hearing on the proposed Ordinance. Two members of the Mayor and Council must request a public hearing after Introduction for this to occur.

Change in Law or Policy
This ordinance will revise existing articles I-XI of Chapter 5 of the City Code, Buildings and Building Regulations, and will add two new articles (XIII and XIV) to address existing buildings and green buildings. The purpose of these revisions is to update our building codes to meet the current State codes, and to update and include local amendments to create an innovative, demanding yet flexible system protective of health, safety and the environment.

Discussion
Background
Building design and construction codes are supported by internationally recognized code systems specifically written to be readily adaptable to building in any region of the United States. The International Code Council (ICC) puts out a series of recommended building codes addressing all aspects of design and construction. For example, commercial building construction is covered by the International Building Code (IBC), and one- and two-family dwelling construction is covered by the International Residential Code (IRC). There are also codes for plumbing, mechanical, electrical, fuel gas, and several other building components. These model codes are updated by the ICC on a three-year cycle.

In Maryland, once the State has adopted a particular set of building codes local jurisdictions must enforce those codes, but are allowed to make "local amendments". Local amendments revise certain portions of the standard building codes to reflect local conditions, enhance health and safety, and are increasingly being used to improve the environmental performance of buildings. The State permits local amendments that make the regulations more stringent(but not less) than the State code. The current State code is the series of 2006 International Code Council codes. Rockville has been enforcing the 2006 ICC since the State adopted it in 2007, however, the City is interested in updating its local amendments and including green building provisions.


Chapter 5 - Buildings and Building Regulations
Chapter 5 of the Rockville City Code, Buildings and Building Regulations, contains Rockville's building codes. It is currently divided into twelve articles as follows:

Article I - In General
Article II - Building Restriction Lines
Article III - Numbering of Buildings
Article IV - Dangerous Buildings
Article V - Basic Building Code
Article VI - One And Two Family Dwelling Code
Article VII - Electrical Code
Article VIII - Energy Conservation Code
Article IX - Gas Code
Article X - Mechanical Code
Article XI - Plumbing Code
Article XII - Property Maintenance Code

This ordinance proposes to make revisions to Articles I-XI, as well as add two additional articles:

Article XIII - Existing Building Code
Article XIV - Green Building Regulations

No changes to Article XII are proposed at this time.

Attachment A provides the full text for all Articles included in the Ordinance. Attachment B provides a summary table of which ICC code is adopted by each Article.


Significant Changes in the Proposed Codes
Attachment C is a Summary of Significant Changes, highlighting items that are new or have changed from Rockville's previous building code. Major items which require discussion are mentioned below.


Article II - Building Restriction Lines
Article II is proposed to be deleted in its entirety. This information is to be moved into the Zoning Ordinance.


Article V - Basic Building Code
Article V proposes to adopt the 2006 ICC International Building Code (IBC). Of the local amendments proposed for the IBC, two warrant further discussion: Fire Protection Systems and Cool Roof Requirements.

Fire Protection Systems
Article V contains several new amendments related to protecting structures and their occupants from fire. The most significant of these amendments is the requirement for complex and high hazard structures to engage in a Fire Protection Engineering Design Evaluation (FPEDE). As part of the FPEDE, a fire protection engineer is enlisted to review all fire protection features and ensure that these features are effectively coordinated with the other construction trades (electrical, plumbing, HVAC, etc.) for the project. Involved from design to final occupancy, the fire protection engineer is responsible for reviewing construction documents prior to submission to the City for review, and verification of completed work prior to requesting a fire inspection. The goal of the FPEDE is to reduce delays in construction at critical moments in the construction schedule as a result of poor communication and preparedness.

Cool Roof Requirements
Article V contains a new provision, Sections 1507.1.1 and 1507.1.2, that requires that all "flat" roofs (less than 17-percent slope) for buildings and covered parking shall have a minimum of 75% of the roof surface that is NOT used for roof penetrations, onsite renewable energy systems or vegetated roofing systems be covered with products that meet "cool roof" criteria. The purpose of this requirement is to have roof coverings that reflect back much of the light, and thus heat, striking the rooftop. The goal is to save on energy used for cooling, increase occupant comfort and minimize the urban "heat island" effect.


Article VI - One and Two Family Dwelling Code
Article VI proposes to adopt the 2006 ICC International Residential Code (IRC). The IRC is slightly different from other ICC codes in that it is designed to be a stand-alone code covering all aspects of residential construction. Thus portions of the IRC contain provisions for plumbing, mechanical, fuel gas, and other aspects of building construction typically covered by other specific codes. Of the local amendments proposed for the IRC, those highlighted below deserve special discussion.

Clarification of Definitions
Article VI proposes updated definitions for "new construction", "addition" and "alteration". These new definitions are meant to provide clarity when work being done to a home is viewed as an addition or alteration, subject to the appropriate building permits, versus when improvements become so great as to be seen as "new construction", which warrants a new Single Family Dwelling (SFD) permit. This distinction is important because with additions and alterations, only the new work needs to be done in conformance with current building codes - the remainder of the structure can remain untouched. For new construction, the entire structure must either be built or brought up to current building codes.

Fire Protection Systems
The requirements for the installation of residential fire sprinkler systems have been amended to increase system reliability. Protection of the sprinkler piping from freezing temperatures and preventing inadvertent system shutoffs are two of the issues addressed by the new amendments.

Cool Roof Requirements
Just as in Article V above, Article VI also contains provisions, Sections R905.1.1 and R905.1.2, requiring that all "flat" roofs (less than two units vertical in 12 units horizontal, ~17% slope or less) shall have a minimum of 75% of the roof surface that is NOT used for roof penetrations, onsite renewable energy systems or vegetated roofing systems be covered with products that meet "cool roof" criteria. Note that these provisions will only apply to residential construction with flat (less than 17% sloped) roofs.

Residential Energy Efficiency Requirements
The 2006 IRC contains a chapter (Chapter 11) to govern the design and construction of residential buildings for energy efficiency. This chapter of the IRC has been deleted, with a reference to the 2006 ICC International Energy Conservation Code (IECC) for residential energy conservation requirements. The IECC is adopted and amended by Article VIII of the City Code.

Energy Star Heating and Cooling Equipment Required
Section M1401.1.1 would require that all installed heating and cooling equipment and appliances be U.S. EPA Energy Star certified.

Low-Flow Plumbing Fixtures Required
Table P2903.2 has been amended to require the use of low-flow plumbing fixtures for lavatory faucets, shower heads, sink faucets and water closets.

Gray Water Recycling Systems
Most of the ICC codes contain appendices to that code that may be voluntarily adopted by local jurisdictions for their use. One such appendix is Appendix O, which governs the materials, design, construction and installation for gray water recycling systems for flushing of water closets and urinals and for subsurface landscape irrigation. The proposed Article VI would adopt Appendix O to allow the option of gray water recycling systems for residential buildings within Rockville.


Article VIII - Energy Conservation Code
Article VIII proposes to adopt the 2006 ICC International Energy Conservation Code (IECC). The IECC contains a chapter dealing with residential energy efficiency, as well as a chapter focused on commercial energy efficiency. Because of the immense importance of energy efficiency from economic, energy independence and environmental perspectives, staff are proposing significant modifications to the IECC. Rather than call out individual proposed changes, the following highlights broad categories of amendments proposed by staff.

Residential Energy Efficiency
As noted in Article VI above, the energy conservation measures contained within the IRC were deleted in favor of the more thoughtful and stringent requirements for residential buildings contained within the IECC. On top of these, staff is proposing a series of amendments which collectively would increase residential energy efficiency by approximately 30% above the baseline 2006 IECC. Many of these additional amendments, including improvements to insulation, air sealing, windows, lighting, and other building features, have already been included in the 2009 Energy Conservation Code. Work has already begun on provisions for the 2012 IECC, and it is anticipated that the 2012 IECC will meet or even exceed our proposed amendments. Staff feels that by adopting these amendments now, Rockville will begin to realize the benefits of decreased residential energy use today, and will be ahead of the curve as these requirements become mandated in future code releases.

Commercial Energy Efficiency
The 2006 IECC commercial energy efficiency requirements were based on an American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard, ASHRAE Standard 90.1-2004. The proposed Article VIII deletes reference to this standard in Section 501.1, and replaces it with a reference to the updated ASHRAE standard 90.1-2007. This newer standard should improve commercial energy efficiency by approximately 7%.

Alternate Compliance Pathways
The proposed Article VIII includes options for commercial buildings to comply with energy efficiency requirements by meeting alternate standards. Section 501.2 details the option to meet the New Building Institute's Core Performance Guide, or one of ASHRAE's many Advanced Energy Design Guides. This allows for more flexibility in commercial building design while still meeting the goal of increased energy efficiency.


Article XI - Plumbing Code
Article XI proposes to adopt the 2006 ICC International Plumbing Code (IPC). Of the local amendments proposed for the IPC, three warrant further discussion: Low-Flow Plumbing Fixtures, Gray Water Recycling Systems, and enhanced Fats, Oils and Grease (FOG) requirements.

Low-Flow Plumbing Fixtures Required
Similar to the residential requirement in Article VI, Table 604.4 of the IPC has been amended to require the use of low-flow plumbing fixtures for lavatory faucets, shower heads, sink faucets, urinals and water closets.

Gray Water Recycling Systems
Most of the ICC codes contain appendices to that code that may be voluntarily adopted by local jurisdictions for their use. Similar to the residential provision in Article VI, the proposed Article XI proposes to adopt the voluntary Appendix C of the IPC. This language governs the materials, design, construction and installation for gray water recycling systems for flushing of water closets and urinals and for subsurface landscape irrigation. This would allow the option of gray water recycling systems for commercial buildings within Rockville.

Enhanced FOG Requirements
The IPC contains provisions for Traps, Interceptors and Separators to keep undesirable material out of the plumbing system. The proposed Article XI deletes IPC Section 1003, Interceptors and Separators, in its entirety and adopts a new Section 1003 with significantly enhanced specificity and guidance. The proposed Section 1003 brings Rockville's requirements into line with those of the Washington Suburban Sanitary Commission (WSSC). These enhanced requirements are key to keeping Fats, Oils and Grease (FOG) out of the sanitary sewer through properly sized and cited grease interceptors. Sewer blockages caused by FOG from food service establishments is a serious issue in Rockville, leading to multiple sewer overflows each month.


Article XIII - Existing Building Code
Article XIII is a newly proposed article, which incorporates the Maryland Building Rehabilitation Code, COMAR 05.16.01, as required by State law. The purpose of COMAR 05.16.01 is to adopt the 2006 ICC International Existing Building Code (IEBC) to encourage the continued use or reuse of legally existing buildings and structures.


Article XIV - Green Building Regulations
Unlike previous articles, Article XIV does not adopt an ICC building code. Instead, Article XIV proposes additional green requirements above and beyond the basic building code; these requirements vary depending on the type of building (nonresidential vs residential) and the size (less than 7,000 sq ft, 7,000 - 49,999 sq ft, greater than 50,000 sq ft). The major components of the green building requirements are detailed below.


Nonresidential and Multi-unit Residential
Nonresidential and multi-unit residential buildings will be required to submit the most appropriate LEED(R) credit checklist, or equivalent, with each submittal to the City. Buildings greater than 7,000 sq ft must have a LEED Accredited Professional (LEED AP) on the project team to facilitate the requisite integrated design process and submit the LEED(R) credit checklists.

Nonresidential and multi-unit residential buildings greater than 7,000 sq ft must demonstrate how they intend to obtain enough points to qualify for a Rockville Certified rating. Rockville Certified buildings must meet all conditions for LEED(R) Certified, plus certain Rockville-specific requirements. Similarly, buildings greater than 50,000 sq ft must demonstrate how they intend to obtain enough points to qualify for Rockville Silver. Registration and official LEED(R) certification via the U.S. Green Building Council is encouraged, but not required.

All buildings greater than 50,000 sq ft must go through the fundamental building commissioning process, as described in the LEED 2009 Reference Guide for Green Building Design and Construction. Buildings less than 50,000 sq ft but greater than 7,000 sq ft have the option of following the LEED 2009 building commissioning requirements, or meeting alternate commissioning requirements proposed in the Article. Buildings must also have building manuals created to explain the operation and maintenance requirements of any green features of the building. Multi-unit residential should also create a homeowner/tenant manual to describe appropriate green practices from a single-unit perspective.

For multi-unit residential construction, certain installed appliances and fixtures must have earned the Energy Star label. For nonresidential buildings and the commercial lighting portions of multi-unit residential (common areas, lobbies, stair wells, etc.), the LEED for Commercial Interiors (LEED-CI) credit EA c1.1 (Optimize Energy Performance - Lighting Power) should be followed. Additionally, all nonresidential and multi-unit residential projects must meet waste management requirements by diverting a minimum of 50% of construction and demolition waste from disposal in the landfill or incinerator by recycling or salvaging nonhazardous construction and demolition debris.


Low-Rise Residential
Low-rise residential structures (e.g., single-family attached and detached homes, townhomes, and garden apartments three stories or less) will be required to submit a green building checklist with every submittal to the City. For residential projects, the National Green Building Standard (NGBS), recently released by the National Association of Home Builders (NAHB) in coordination with the International Code Council, is the recommended checklist and rating system, although LEED for Homes or other equivalent residential rating systems may also be used. All low-rise residential projects must achieve NGBS Silver certification, or demonstrate how they intend to obtain the requisite number of points for an equivalent rating in the LEED for Homes or other equivalent system.

All low-rise residential must meet the Energy Star qualified homes criteria, or qualify via the National Performance Path, and meet the specifications for the Energy Star Indoor Air package. Additionally, all low-rise residential projects must meet waste management requirements by diverting a minimum of 50% of construction and demolition waste from disposal in the landfill or incinerator by recycling or salvaging nonhazardous construction and demolition debris.


Other Jurisdictions
Several other local jurisdictions have enacted green building programs similar to that proposed in Article XIV, although each jurisdiction personalizes the program for the community. For example, Montgomery County and the City of Gaithersburg require that all new nonresidential and multi-unit residential buildings greater than 10,000 sq ft achieve LEED Certified certification from the U.S. Green Building Council. Gaithersburg further requires that all buildings greater than 100,000 sq ft achieve LEED Silver certification from the U.S. Green Building Council, and that all residential buildings be Energy Star certified, and must meet additional indoor air quality and construction waste management requirements. Washington, D.C. has also enacted LEED certification requirements, but most notably has undertaken a significant building codes update effort containing many of the same "green" code amendments proposed for Rockville's updated codes. Virginia jurisdictions are more constrained in their options by the Dillon Rule, which limits the authority of local jurisdictions from adopting more stringent requirements than those required by the State. Thus, many Virginia jurisdictions, most notably Arlington County, have created very successful incentive programs to motivate developers towards greener buildings.

In these and other instances around the country, green building programs have been designed to address the particular circumstances and constraints of each jurisdiction. Article XIV has proposed additional requirements for the City that share many similarities with other local jurisdictions but are focused on addressing the types of construction most appropriate for Rockville.


Incentives for Beyond Code Compliance and Existing Building Improvements
The proposed updates to the City's building codes, detailed above, will be requiring all future buildings to be “green” to some degree. These requirements will apply to all new construction, additions and significant renovations to both residential and commercial buildings. In addition, the proposed City Code amendments will require all new nonresidential and multi-unit residential buildings greater than 7,000 square feet to include energy efficiency, water conservation, stormwater management, indoor air quality and other similar measures that achieve the equivalent of a LEED Certified rating; buildings greater than 50,000 square feet must meet the equivalent of a LEED Silver rating.

To motivate builders and developers to go beyond these minimum requirements to achieve exceptionally green buildings (that is, the equivalent of LEED Gold and Platinum levels), or to encourage the incorporation of additional green features into buildings smaller than 7,000 square feet, or to motivate owners/tenants of existing buildings and homes to make improvements onto their structures, the City may wish to provide various incentives for different improvements. There are a variety of incentives that might make these additional innovations attractive. They include expedited permitting, additional density, tax credits, fee reductions or waivers, cash rebates, or a combination of these incentives.

The challenge facing Rockville is to select the appropriate suite of incentives and determine an approach that encourages and motivates the desired action without paying more than may be necessary to achieve the extra effort on the part of the developer, commercial building owner or homeowner. Staff is currently examining different incentive options, and will provide a recommended incentives program before implementation of Article XIV provisions.


Implementation
Additional discussion is required to identify an appropriate implementation schedule, including grandfathering of projects already in the works and whether to allow phase-in of new regulations. Following training of appropriate Staff, educational materials and workshops will be developed to explain the new requirements to builders, developers, residents and other interested parties, as well as to provide information on Federal, State and any local incentives that may be available to assist in meeting and exceeding building code and green regulations.


Conclusion
In their Vision for Rockville in 2020, the Mayor and Council articulated their vision of Rockville as a "Green City", stating:

"Rockville is a leader in environmentally sustainable development that protects and enhances our community’s quality of life. Public and private buildings in Rockville are constructed to achieve the highest contemporary national environmental standards. Rockville has dramatically reduced its carbon footprint and greenhouse gas emissions by utilizing alternative sources of energy, stabilizing energy use and maximizing efficiency, and employing sustainable building practices."

These proposed building code updates and green revisions represent a strong step in the direction towards making that vision a reality. By pulling together the best practices from around the region and personalizing them for Rockville, the combination of greener building code provisions and stringent yet achievable additional green building requirements will move Rockville to the forefront of sustainable development.

Mayor and Council History
The Mayor and Council have received periodic updates and briefings on the status and schedule of the building code updates and green revisions. This is the first time that the Mayor and Council will take action on an item related to the updates to the chapter 5 building codes and/or green building provisions.

Public Notification and Engagement
The Environment Commission has long been a proponent of green building in Rockville. The public process for the green building portion of the revisions began in April 2008 with a series of targeted stakeholder meetings, run by the Environment Commission, held at the Glenview Mansion. The purpose of these meetings was to hear from a broad collection of stakeholders in both the commercial and residential sectors about the components of a green building program that they would like to see, and how the program should be structured to best meet their needs. Following this initial stakeholder input, Environmental Management began drafting the green building program.

A press release about the new proposed Chapter 5 revisions was released on Earth Day, April 22, 2009. Draft versions of the Articles included in this Ordinance were posted to the City website for public review and comment on May 1, 2009. Notification of the availability of the draft codes for review went out in Rockville Reports, and was sent directly to over 200 stakeholders many of whom participated in the initial green building vision process in April 2008.

In May 2009, staff gave presentations to the Planning Commission, Environment Commission, Historic District Commission and Recreation and Parks Advisory Board on the proposed code updates. Two facilitated public meetings were held, one on Tuesday May 19th from 7-9pm and another on Thursday May 21st from 1-3pm, to hear feedback and answer any questions about the proposed draft codes. Comments were also accepted via phone and email throughout the month of May.

Attachment D is a matrix of the comments received during the public comment period on the draft codes, and lists the staff response for each comment. Staff appreciates the time and effort of stakeholders in attending public meetings and providing thoughtful and instructive comments. In most cases, staff were able to incorporate the proposed changes into the final draft of the City Code amendments currently being presented. The vast majority of the comments were positive and constructive, indicating that Rockville was on the right track to greening the building codes. A frequent positive comment relates to the flexible approach taken by the proposed ordinance whereby the same high standards are required without the considerable time delay and cost of LEED certification. This innovative approach has been well received.

Following this informal public comment period, staff revised the draft codes into the final version being presented to Mayor and Council.

Boards and Commissions Review
As noted above, the Planning Commission, Environment Commission, Historic District Commission and Recreation and Parks Advisory Board were all briefed on the contents of the proposed draft building codes, and given opportunity for comment. The Environment Commission has been working on the development of a green building program for some time, and even created a Sustainable Development and Energy Committee that has been working with staff on the particulars of the green provisions.

Fiscal Impact
There will be a fiscal impact associated with adoption of the updated building codes and green revisions. Most of the impact will be in the form of additional staff time spent on the review and inspection of buildings for new requirements, most notably the green building regulations and advanced energy codes. Several internal training events on green buildings and advanced energy codes have already been arranged; following these trainings, staff will have a much better idea of the additional time necessary to review and inspect buildings under the new codes. An assessment can be made at that time as to what additional resources might be needed to fully implement the new codes. A secondary impact is that any new or substantially improved City facility will be subject to the new building codes, including the enhanced green provisions. New projects will have to be scoped and designed accordingly.

Next Steps
Staff recommends that Mayor and Council open a formal public comment period on the proposed revisions to Chapter 5 of the City Code, and schedule a Public Hearing for July 13th.

Attachments

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 06/15/2009

Assistant City Manager:


Jenny Kimball, Assistant City Manager
Approved on: 06/16/2009

City Manager:

Scott Ullery, City Manager
Approved on: 06/16/2009