Attch 24 - Appendix 13 - AF LEED SDD Implementation Guidance.pdf

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LEED 2009

Minimum Program Requirements

Apply to

LEED 2009 for New Construction and Major Renovations, LEED 2009 for Core & Shell development, LEED 2009 for Schools, LEED 2009 for Commercial Interiors, and LEED

2009 for Existing Buildings: Operations & Maintenance

Do not apply to LEED for Homes, LEED for Neighborhood Development, or any LEED rating system adopted prior to 2009

Version November 2009

This version adds to the April 2009 version clarifying language, but not new requirements, that was approved by the LEED Steering Committee and the USGBC

Executive Committee in November 2009

INTRODUCTION

This document identifies the MPRs, or minimum characteristics that a project must possess in order to be eligible for LEED Certification. These requirements define the types of buildings that the LEED Green Building Rating Systems were designed to evaluate, and taken together serve three goals: to give clear guidance to customers, to protect the integrity of the LEED program, and to reduce complications that occur during the LEED certification process. The requirements in this document will apply to all those, and only those projects seeking to demonstrate conformance with the rating systems listed above.

Definitions, exceptions, and more extensive guidance relating to these MPRs are available in a separate document titled: LEED 2009 MPR Supplemental Guidance. Terms that are italicized and underlined here are defined in the Supplemental Guidance document (they are marked as such only the first time that they appear).

At this time U.S. Green Building Council, Inc. has authorized the Green Building Certification Institute (GBCI) to confer LEED Certification. GBCI has agreed to consider requests for exceptions to MPRs that are not already defined in the LEED 2009 MPR Supplemental Guidance document on a case-by-case basis for special circumstances.

In addition to complying with the MPRs, a project must also demonstrate compliance with all rating system requirements in order to achieve LEED Certification.

2 February 2012 5 of 62 Attachment 24 http://www.usgbc.org/ShowFile.aspx?DocumentID=6473�

1. MUST COMPLY WITH ENVIRONMENTAL LAWS

New Construction, Core & Shell, Schools, Commercial Interiors The LEED project building or space, all other real property within the LEED project boundary, and all project work must comply with applicable federal, state, and local building-related environmental laws and regulations in place where the project is located.

This condition must be satisfied from the date of LEED project registration or the commencement of schematic design, whichever comes first, up and until the date that the building receives a certificate of occupancy or similar official indication that it is fit and ready for use.

Existing Buildings: O&M The LEED project building, all other real property within the LEED project boundary, any project work, and all normal building operations occurring within the LEED project building and the LEED project boundary must comply with applicable federal, state, and local building-related environmental laws and regulations in place where the project is located. This condition must be satisfied from the commencement of the LEED project’s initial LEED-EB: O&M performance period through the expiration date of the LEED Certification.

All Rating Systems A lapse in a project’s compliance with a building-related environmental law or regulation that results from an unforeseen and unavoidable circumstance shall not necessarily result in non-compliance with this MPR. Such lapses shall be excused so long as they are remediated as soon as feasibly possible.

2. MUST BE A COMPLETE, PERMANENT BUILDING

OR SPACE

All Rating Systems All LEED projects must be designed for, constructed on, and operated on a permanent location on already existing land

. LEED projects shall not consist of mobile structures, equipment, or vehicles. No building or space that is designed to move at any point in its lifetime may pursue LEED Certification.

New Construction, Core & Shell, Schools LEED projects must include the new, ground-up design and construction, or major renovation, of at least one commercial, institutional, or high-rise residential building in its entirety

Commercial Interiors The LEED project scope must include a complete interior space distinct from other spaces within the same building with regards to at least one of the following characteristics: ownership, management, lease, or party wall separation.

Existing Buildings: O&M LEED projects must include at least one existing commercial, institutional, or high-rise residential building in its entirety.

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3. MUST USE A REASONABLE SITE BOUNDARY

New Construction, Core and Shell, Schools, Existing Buildings: O&M

1. The LEED project boundary must include all contiguous land that is associated with and supports normal building operations for the LEED project building, including all land that was or will be disturbed for the purpose of undertaking the LEED project

2. The LEED project boundary may not include land that is owned by a party other than that which owns the LEED project unless that land is associated with and supports normal building operations for the LEED project building.

3. LEED projects located on a campus must have project boundaries such that if all the buildings on campus become LEED certified, then 100% of the gross land area on the campus would be included within a LEED boundary. If this requirement is in conflict with MPR #7, Must Comply with Minimum Building Area to Site Area Ratio, then MPR #7 will take precedence.

4. Any given parcel of real property may only be attributed to a single LEED project building.

5. Gerrymandering of a LEED project boundary is prohibited: the boundary may not unreasonably exclude sections of land to create boundaries in unreasonable shapes for the sole purpose of complying with prerequisites or credits.

Commercial Interiors

If any land was or will be disturbed for the purpose of undertaking the LEED project, then that land must be included within the LEED project boundary.

4. MUST COMPLY WITH MINIMUM FLOOR AREA

REQUIREMENTS

New Construction, Core and Shell, Schools, Existing Buildings: O&M The LEED project must include a minimum of 1,000 square feet (93 square meters) of gross floor area.

Commercial Interiors The LEED project must include a minimum of 250 square feet (22 square meters) of gross floor area.

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5. MUST COMPLY WITH MINIMUM OCCUPANCY RATES

New Construction, Core & Shell, Schools, and Commercial Interiors Full Time Equivalent Occupancy The LEED project must serve 1 or more Full Time Equivalent

(FTE) occupant(s), calculated as an annual average in order to use LEED in its entirety. If the project serves less than 1 annualized FTE, optional credits from the Indoor Environmental Quality category may not be earned (the prerequisites must still be earned).

Existing Buildings: O&M Full Time Equivalent Occupancy The LEED project must serve 1 or more Full Time Equivalent (FTE) occupant(s), calculated as an annual average in order to use LEED in its entirety. If the project serves less than 1 annualized FTE, optional credits from the Indoor Environmental Quality category may not be earned (the prerequisites must still be earned).

Minimum Occupancy Rate The LEED project must be in a state of typical physical occupancy

, and all building systems must be operating at a capacity necessary to serve the current occupants, for a period that includes all performance periods as well as at least the 12 continuous months immediately preceding the first submission for a review.

6. MUST COMMIT TO SHARING WHOLE-BUILDING

ENERGY AND WATER USAGE DATA

All Rating Systems All certified projects must commit to sharing with USGBC and/or GBCI all available actual whole-project energy and water usage data for a period of at least 5 years. This period starts on the date that the LEED project begins typical physical occupancy if certifying under New Construction, Core & Shell, Schools, or Commercial Interiors, or the date that the building is awarded certification if certifying under Existing Buildings: Operations & Maintenance. Sharing this data includes supplying information on a regular basis in a free, accessible, and secure online tool or, if necessary, taking any action to authorize the collection of information directly from service or utility providers. This commitment must carry forward if the building or space changes ownership or lessee.

7. MUST COMPLY WITH A MINIMUM BUILDING

AREA TO SITE AREA RATIO

All Rating Systems The gross floor area of the LEED project building must be no less than 2% of the gross land area within the LEED project boundary.

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© 2009 U.S. Green Building Council, Inc.

LEED 2009 MPR

SUPPLEMENTAL GUIDANCE

Version 1.0 November 2009

Contents Introduction

1. Must Comply with Environmental Laws

2. Must Be a Complete, Permanent Building or Space

3. Must Use a Reasonable Site Boundary

4. Must Comply with Minimum Floor Area Requirements

5. Must Comply with Minimum Occupancy Rates

6. Must Allow USGBC Access to Whole‐Building Energy and Water Usage Data

7. Must Com ply with a Minimum Building Area to Site Area Ratio

Glossary

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INTRODUCTION

The LEED 2009 MPR Supplemental Guidance was written to help project teams understand how their buildings and their spaces can meet the Minimum Program Requirements (MPRs). This document builds on the MPRs by establishing exceptions, providing direction for specific situation, defining key terms, and describing the intent behind each MPR. This Supplemental Guidance is the namic pa of the MPRs: it will evolve over time to respond to a changing and complex ements themselves will remain the same.

dy rtner industry while the requir

ABOUT THE MPRS

The MPRs list the basic characteristics that a project must possess to be eligible for certification under the LEED 2009 rating systems, therefore defining a broad category of buildings that the LEED 2009 rating systems were designed to evaluate. They were developed over a period of nine months by USGBC staff and committee members, and were officially approved in April, 2009 by the LEED Steering Committee (LSC). In November 2009, the LSC and the USGBC Executive Committee approved of additional MPR language that clarified, but did not add to, the existing system versions become available, the MPRs will be complet d the MPRs at the following locations:

requirements. When new rating o ely revised and re‐approved. Please fin stated throughout this document o ondensed for all rating systems here:

ttp://www.usg c.org/DisplayPage.aspx?CMSPageID=2014 c h b

APPLICABLE RATING SYSTEMS

Projects registering under the following rating systems, including those that upgrade from past versions, are subject to the MPRs: New Construction and Major Renovations 2009 (NC), Core & Shell 2009 (CS), Schools 2009, Commercial Interiors 2009 (CI), and Existing Buildings:

Operations 2009 (EB: O&M). The MPRs do NOT apply to LEED for Homes, LEED for Neighborhood ms that have not yet launched, and pre2009 rating systems. Development, rating syste

VERSIONS OF THIS DOCUMENT

This document will be regularly updated as necessary to provide additional clarification on the intent and application of the MPRs. All changes and additions will be clearly communicated as highlighted text within each new version. Retired versions will be archived and permanently accessible.

Projects must comply with the version of this document that is current at the time of the project’s registration. It is the responsibility of the project team to be familiar with the current version when registering a project. Versions published after a LEED project’s registration may ditional clarifications, if desired. be referenced by project teams for ad

SUBMITTING QUESTIONS ABOUT THE MPRS

The process for submitting alternative compliance or interpretation requests regarding MPRs is still under development. This process and fees related thereto will be described in a later

2 February 2012 10 of 62 Attachment 24 version of this document. All general inquires relative to the MPRs should be sent to GBCI from rg/customerserv.aspxthis website: http://www.gbci.o .

IF MPR COMPLIANCE IS IN QUESTION

If it becomes known that a LEED project is or was in violation of an MPR, certification may be revoked, or the certification process may be halted. These situations will be handled on a case g to GBCI’s challenge policy. by case basis accordin

UNUSUAL BUILDING TYPES

Some buildings have characteristics that are not specifically prohibited by the MPRs, but nonetheless make them unsuitable for evaluation under the LEED rating systems. If a project team recognizes that their building has such a characteristic, they are encouraged to implement green building strategies but refrain from attempting LEED certification. The decision not to attempt certification is at the discretion of the project team only. In general, GBCI will not prevent a building or space from attempting LEED certification as a result of an unusual

MPRs. characteristic that is not addressed by the

PRECERTIFICATION AND RECERTIFICATION

Projects pre‐certifying under LEED CS must meet the MPRs applicable to all LEED CS projects.

Projects re‐certifying under LEED EB: O&M must meet the MPRs applicable to all LEED EB:

O&M projects.

RATING SYSTEM SELECTION

The MPRs, and this document, do not deal with rating system selection, i.e., choosing the proper LEED rating system for a given project. Please find guidance on this topic in the introductions to each rating system and in the rating system selection wizard tool found in the registration process in LEED Online.

DOCUMENTING COMPLIANCE WITH THE MPRS

The LEED project owner must confirm that the project complies with each of the MPRs by completing checkboxes and an initial box in the Project Information form #1 in LEED Online v3.

Unless there is a special circumstance, project teams are not required to submit additional prove compliance. documentation to

MULTIPLE BUILDINGS

With a few exceptions, this document excludes guidance specific to multiple building projects.

uch guidance is under development and will be included in a later version of this document. S

Please find underlined terms in the definitions section at the end of this document.

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1. MUST COMPLY WITH ENVIRONMENTAL LAWS.

MPR Language

All Rating Sy tems:

A lapse in a project’s compliance with a building‐related environmental law or regulation that results from an unforeseen and unavoidable circumstance shall not necessarily result in non‐compliance with this MPR. Such lapses shall be excused so long as they are remediated as soon as feasibly possible.

s

New Schools, C Interiors:

The

Construction, Core & Shell, ommercial

LEED project building or space, all other real property within the LEED project boundary, and all project work must comply with applicable federal, state, and local building‐related environmental laws and regulations in place where the project is located. This condition must be satisfied from the date of LEED project registration or the commencement of schematic design, whichever comes first, up to and until the date that the building receives a certificate of occupancy or similar official indication that it is fit and ready for use.

Existing Buildings: O&M:

The LEED project building, all other real property within the LEED project boundary, any project work, and all normal building operations occurring within the LEED project building and the LEED project boundary must comply with applicable federal, state, and local building‐related environmental laws and regulations in place where the project is located. This condition must be satisfied from the commencement of the LEED project’s initial LEED‐EB: O&M performance period through the expiration date of the LEED Certification.

Intent:

The purpose of this MPR is to highlight the importance of environmental laws and regulations that apply to LEED projects. While all building projects ought to comply with all legal requirements, as the LEED rating systems are standards for excellence in green building, it is appropriate and logical to specifically require LEED certified buildings to comply with applicable environmental laws and blishes a baseline standard for sustainability. regulations. Such legislation esta

THIS MPR DOES NOT INTEND TO:

• align LEED, USGBC, or GBCI with any form of government

• give USGBC/GBCI the opportunity to penalize project teams or building owners for unintended, short term, minor offenses

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• tion extend to environmental laws that are not related to the design, construction, and opera of a LEED project building

• force project teams to make extensive and unnecessary effort to verify compliance with environmental building laws

Specific Allowed Exceptions:

• Short term lapse As stated in the MPR, a lapse in a building’s compliance with an environmental law that results from unforeseen and unavoidable circumstances will not be considered as a basis for revocation of LEED certification. However, the LEED project team must demonstrate a dedicated effort to return the building to compliance as soon as feasibly possible. As a precaution and at the project team’s discretion, the building owner may notify GBCI of any lapse in compliance and efforts to bring the building back into compliance. The MPR form under ‘Project Information Forms’ in LEED Online should be used for this purpose. If the lapse occurs after certification (applicable only to EB: O&M certified projects), the project team may contact GBCI through regular customer service at http://www.gbci.org/customerserv.aspx.

Exemption granted by authorities If the project is granted an exemption from a building‐related environmental law from governmental authorities for any reason, then that project is exempt from this MPR in regards to that particular law. In the event that this occurs, a description of the situation leading to the exemption and proof of the exemption (such as an official letter from the granting authority) must be provided in the MPR form under ‘Project Information Forms’ in LEED Online.

Special consideration for LEED for Commercial Interiors projects nly the

O gross floor area within the LEED project boundary of a LEED CI project must omply with this MPR, NOT the building that the project is located in. c

Special consideration for LEED for Core and Shell projects For LEED‐CS projects, interior fit‐out work conducted by a tenant is NOT subject to this MPR unless strategies implemented in the fit‐out space contribute to earned credits for that roject via the tenant sales and lease agreement path. For the purposes of this exception, a enant is considered an entity which is leasing space from the owner.

p t

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Conflicts between LEED 2009 requirements and laws In the rare case that an applicable building‐related environmental law covered by this MPR conflicts with an MPR, or a LEED prerequisite or credit, the law will take precedence.

Project teams may still comply with the MPR and achieve the prerequisite or credit by submitting a Project CIR requesting approval of an alternative compliance path that satisfies both the law and the intent of the LEED requirement.

Additional Information and Clarification

• plicable buildingrelated environmental laws Ap

DEFINITION

For the purposes of this MPR, an ‘environmental law’ is considered to be a statute, rule, treaty, convention, executive order, regulation, or ordinance that seeks to protect the natural environment and/or human health which may be negatively impacted by activities surrounding the design, construction, development, and (for those using EB:

O&M), operation of a building.

LOCATION

This MPR applies to ALL LEED projects, regardless of location, and includes all existing building‐related environmental laws in the jurisdiction where the LEED project is located. For US projects, this includes laws at the federal, state, and local level.

CATEGORIES

Categories containing laws that fall under the purview of this MPR include, but are not limited to the following: wetlands, noise, runoff, asbestos, air quality, pollution, sewage, pesticides, safety, and forestry.

EXAMPLES

The following are examples of US federal building‐related environmental laws and regulations that USGBC generally expects will fall under the purview of this MPR for most LEED projects. This list is not intended to be exhaustive, only illustrative: its purpose is to further orient project teams as to the meaning of this MPR and to assist project teams in determining which laws fall under the purview of this MPR. It is the project team’s responsibility to know which laws apply to the building and to veri ct is in compliance. fy that the proje

Clean Water Act

OSHA Safety and Health Regulations for Construction ndangered Species Act SHA Recording and Reporting Occupational Injuries and Illness E O ew laws and regulations his MPR includes new laws, regulations, and ordinances as they are enacted.

• N T

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• Law enforcement By verifying that a LEED project complies with this MPR, it is assumed that project owners are accurately and willingly attesting that the LEED project complies with applicable building‐related environmental laws. LEED is a voluntary program that rewards exemplary building performance. In no way will USGBC or GBCI act as law enforcement. With this PR, USGBC and GBCI are using established laws only to ascertain that the LEED project is eeting a minimum environmental standard.

M m

• ED MPR #1 and Sustainable Sites Credit 1 (SSc1) Site Selection in LEED NC, LEED CS, and LE for Schools The intent and requirements of SSc1 differs from that of this MPR. This MPR requires compliance with the law, and SSc1 rewards voluntary land use choices. A point may be earned under SSc1 if the LEED project complies with a series of criteria. Projects that do not meet these criteria demonstrate unsustainable, but not illegal development practices. SSc1 essentially builds on the requirements of MPR #1.

Settlements It is recognized that, in the case of an alleged environmental law violation, building owners sometimes agree on a settlement with EPA or other governmental agency to make reparations for their actions. Guidance on how this MPR will be applied in such a situation is forthcoming. If you are in this situation and need to know if you are in compliance with this MPR, please contact GBCI through this website http://www.gbci.org/customerserv.aspx.

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2. MUST BE A COMPLETE, PERMANENT BUILDING OR SPACE

All Rating Systems:

All LEED projects must be designed for, constructed on, and operated on a permanent location on already existing land. LEED projects shall not consist of mobile structures, equipment, or vehicles. No building or space that is designed to

LEED Certification. move at any point in its lifetime may pursue

New Construction, Core & Shell, Schools:

LEED projects must include the new, ground‐up design and construction, or major renovation, of at least one commercial, institutional, or high‐rise residential building in its entirety.

Commercial Interiors:

The LEED project scope must include a complete interior space distinct from other spaces within the same building with regards to at least one of the following p, management, lease, or party wall separation. characteristics: ownershi

Existing Buildings: O&M:

LEED projects must include at least one existing commercial, institutional, or high‐ rise residential building in its entirety.

The LEED rating systems were designed to evaluate complete buildings and spaces in fixed locations. Partial buildings or spaces are unsuitable for LEED certification because, when analyzed under the requirements of LEED prerequisites and credits, they create results inconsistent with those of whole buildings or spaces. Also, partial certification can easily appear to encompass an entire building or space, sending a false message to users.

Permanency is an important requirement because a significant percentage of LEED prerequisites and credits are dependent on location, making a mobile building or space unacceptable. The stipulation for already existing land responds to the fact that artificial land masses displace and disrupt marine ecosystems. Buildings that generate the need to develop such land do not meet the overall intent of the LEED rating system. Anything less than a distinct, complete, and permanent roject on existing land will not be able to accurately demonstrate compliance with LEED. p

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THIS MP

R DOES NOT INTEND TO:

• exclude a building or space that could be fairly evaluated through the LEED certification process if the exclusion is based on a technicality

• xclude buildings with an unusual design or built through non‐traditional means that could e fairly evaluated through the LEED certification process e b

Specific Allowed Exceptions:

• Movable buildings and parts of buildings Prefabricated or modular structures and moveable building elements of any variation may e certified once permanently installed and/or established as part of the b LEED project uildingb in the location that they are intended to stay for the life of the complete structure.

Horizontally attached buildings (including additions) Hor n , provided that the following two n izo tally attached buildings may be certified independently co ditions are met:

a) they are physically distinct (see definition in Glossary)

b) they have unique addresses or names.

f these conditions are not met, the structure is considered a single building and must be ertified as such.

I c

Vertically Attached Buildings Currently, structures that are vertically stacked are not recognized as distinct buildings that may apply separately to LEED. Buildings may only be distinguished if they are horizontally attached. However, an alteration to this rule that would allow some vertically stacked structures to certify separately is under consideration. There is no timeline for the release of this alteration. If you would like to certify a building that is built on top of or below another building please contact GBCI through this website http://www.gbci.org/customerserv.aspx.

• Buildings constructed on top of or below underground public infrastructure Buildings vertically connected to, but physically distinct from public infrastructure such as a transportation hub, may be considered a building in its entirety and certified independently of the infrastructure.

Speci

MOB

• al consideration for LEED for Commercial Interiors projects

ILITY

Buildings in which CI projects are located must be immobile, and are subject to the same guidance on the subject of permanency as projects that are certifying under whole building rating systems.

EADY EXISTING LAND

Buildings in which CI projects are located are NOT required to be built on already existing land.

ALR

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• Special Consideration for LEED for Core & Shell projects or a project certifying under CS, the project is considered a ‘building in its entirety’ without nterior fit‐outs complete F i

• Artificial land mass or support structures o Buildings located on previously constructed docks, piers, jetties, infill, and other manufactured structures in or above water or other bodies are permissible, provided nother that artificial land is previously developed, i.e., once supported hardscape or a e.

building before the development of the LEED project.

Buildings cantilevered over water, highways, or other bodies are acceptabl

Existing land to which soil or other material has been added is acceptable.

o o

Multitenant buildings certifying under LEED EB: O&M Multi‐tenant buildings certifying under LEED EB: O&M may exclude up to 10% of the gross loor area f from some prerequisites and credits as outlined in the LEED EB: O&M reference uide and the submittal forms in LEED Online. g

Floor separation may be used to define a • complete interior space Ownership, management, lease, and party walls are listed in the MPR as acceptable methods for defining complete interior spaces for LEED‐CI. Floors and ceilings, i.e. the structural omponent separating two floors, may also define two complete interior spaces if one floor s unaffected by construction work, even if both floors serve the same occupant.

• Owneroccupied buildings and CI: Certifying space not separate by ownership, management, lease, party wall, or floor There are many situations in which a single entity owns, manages, and occupies an entire building, and wishes to certify a renovated portion of the building which is not separate from other portions by a party wall or floor. For example, a single floor in an academic building might be divided into labs and offices, and only the labs undergo a renovation. Such a space is not automatically disqualified from attempting to certify under LEED CI. Project team w LEED Onl v s ith this situation must submit a narrative in Project Information Form #1 in ine 3 confirming that the conditions below are met.

a) It is unreasonable or impossible to draw a project boundary where there is separation by ownership, management, lease, or party wall separation.

b) The LEED project boundary is not drawn in such a way as to specifically avoid floor area that would not comply with other MPRs, prerequisites, or attempted credits.

c) The LEED project boundary is drawn at a clear functional and physical barrier such that the LEED certification, if awarded, could not easily be perceived to extend to uncertified floor area.

d) The LEED project boundary is not drawn in such a way as to create an unreasonably difficult review process that results from the reviewer’s inability to distinguish between strategies, services, or materials in the LEED certifying space and the non‐ LEED certifying space. For example, it would be best if the LEED project boundary coincided with an HVAC zone boundary.

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e) If the project is on multiple floors, the renovation or fit‐out work is conducted under single construction contract and signage will be used to clearly indicate which loors/space is LEED certified. The floors need not be adjacent.

a f

Additional Information and Clarification

• Movable buildings o Structures not compliant with this MPR include cars, motor homes, trains, boats, ships, planes, and transient exhibits of any kind.

o If, for any reason, a LEED 2009 certified building is moved from the location cited at the time of LEED certification, it will no longer be in compliance with this MPR.

• C

B ertifying buildings with movable parts uildings with large movable parts, such as a retracting ceiling in a stadium, are acceptable.

Certifying temporary buildings he amount of time that a building or space is intended to remain standing does not affect ompliance with this MPR.

T c

Multiparty ownership ultiple‐party ownership of a certifying building or space is acceptable. Proper ccountability for MPR and rating system conformance must be in place.

M a

Building types The categories of buildings suitable for LEED ‐ commercial, institutional, and high rise residential are intentionally inclusive, and are in no way exclusive. They cover a wide range of building types, including industrial. GBCI will not prevent a building from attempting certification due to its use. However, building use may restrict project teams to one rating system or another. For example, single family homes are restricted to LEED for Homes.

nformation on rating system selection can be found in the introduction to each rating ystem and the wizard tool found in the registration process in LEED Online v3.

I s

No exceptions for projects with EQp2 conflicts Some project buildings, such as casinos, typically have difficulty achieving LEED certification due to a smoking policy that conflicts with Indoor Environmental Quality prerequisite 2, Environmental Tobacco Smoke Control (EQp2). There will be no exceptions to this MPR to allow for partial building certification of such buildings. Project teams are ncouraged to carefully review option 2 in EQp2 to explore opportunities to achieve LEED ertification despite a smoking room located within a project.

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3. MUST USE A REASONABLE SITE BOUNDARY

New Construction, Core and Shell, Schools, Existing Buildings: Operations and Maintenance

1. The LEED project boundary must include all contiguous land that is associated with and supports normal building operations for the LEED project building, including all land that was or will be disturbed for the purpose of undertaking the LEED project.

2. The LEED project boundary may not include land that is owned by a party other than that which owns the LEED project unless that land is associated with and supports normal building operations for the LEED project building.

3. LEED projects located on a campus must have project boundaries such that if all the buildings on campus become LEED certified, then 100% of the gross land area on the campus would be included within a LEED boundary. If this requirement is in conflict with MPR #7, Must Comply with Minimum Building Area to Site Area Ratio, then MPR #7 will take precedence.

4. Any given parcel of real property may only be attributed to a single LEED project building.

5. Gerrymandering of a LEED project boundary is prohibited: the boundary may not unreasonably exclude sections of land to create boundaries in unreasonable purpose of complying with prerequisites or credits. shapes for the sole

Commercial Interiors

If any land was or will be disturbed for the purpose of undertaking the LEED project, then that land must be included within the LEED project boundary.

In order to ensure fair and consistent evaluation for all projects under the Sustainable Sites credit category, it is necessary to have guidelines for an acceptable LEED project boundary. All site conditions and impacts related to a building must be considered and addressed in the certification rocess to ensure a complete and thorough examination of the environmental impact of a building. p

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R DOES NOT INTEND TO:

• yforce project teams to create an awkward or misrepresentative LEED project boundar that does not reflect actual land use

• prevent project teams from making appropriate use of land to earn prerequisites and credits

• mply that land left outside of the LEED project boundary should not also benefit from nvironmentally sensitive land use practices.

Specific Allowed Exceptions:

• Assi

SING

gning real property for subsequent certification under EB: O&M

LE BUILDING

LEED projects certifying under EB: O&M may use some or all of the same real property that was used in the previous Design and Construction OR EB: O&M certification. The boundary does not need to be drawn in the same location – as long as the requirements of this MPR are met, the project team may re‐draw the project line at their discretion.

TIPLE BUILDINGS

A single building previously certified as part of a multiple building LEED project may wish to pursue subsequent LEED certification under EB: O&M independently.

Real property within the original collective boundary can be re‐attributed to that single building for the EB: O&M certification.

MUL

• Including noncontiguous parcels in the LEED project boundary Non on the n

‐c tiguous parcels of land may be included within the LEED project boundary if co ditions below are met.

a) Non‐contiguous parcels must be separated by land that is owned and operated by an entity different than the owner of the land that the LEED project building sits on.

ectly b) All parcels separate from the parcel that the LEED building sits on must dir support or be associated with normal building operations.

0.40 kilometer) walking c) Non‐contiguous parcels are no more than ¼ mile ( distance apart.

d) There is a clear walking path between the parcels

e) All real property within the LEED project boundary, including the non‐ contiguous parcel(s), is subject to the requirements of all MPRs, prerequisites, and attempted credits. For example, two sets of storm water calculations would th need to be provided for two separate parcels to demonstrate compliance wi Sustainable Sites credit 6.

f) All land within the LEED project boundary must be governed by a common regulatory jurisdiction and is owned, leased, or managed by the same organizational entity.

g) A description of the non‐contiguous parcels of land within the LEED project boundary, the land between them, and compliance with items (a) through (f)

2 February 2012 21 of 62 Attachment 24 f bove must be provided in the Additional Details section of Project Information orm #1 in LEED Online v3.

d • Lan outside the LEED project boundary used for compliance with specific credits

D ‐EB: O&M, SUSTAINABLE SITES CREDIT 5

Any off‐site land used to earn this credit is not required to be included in the LEED project bou dary, therefore is not subject to consideration for

LEE

n and

ALL

prerequisite, other credit, or other MPR compliance EXCEPT MPR#7.

RATING SYSTEMS: STORM WATER DESIGN CREDITS

The nature of storm water calculations often necessitates that land outside the LEED project boundary be considered when determining compliance for these credits. Also, it may be necessary to discharge site runoff to a regional or master stormwater management system, such as a retention pond. This additional real property does not need to be included in the LEED project boundary or be considered for prerequisite, other credit, or other MPR compliance.

• Fac with ilities (including parking) outside the LEED project boundary used for compliance specific credits Facilities (including parking) that are not within the LEED project boundary but are used to demonstrate compliance with a credit or prerequisite, as allowed per the rating system and reference guide, need not be considered for other prerequisite, edit, or MPR compliance. However, those facilities cannot be used to show cr com

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pliance for other LEED projects, unless the sufficient capacity is present.

MPLE

Off‐site showers used to show compliance with Sustainable Sites credit 4.2, Alternative Transportation, Bicycle Storage and Changing Rooms in LEED NC need not be included in the calculations for Water Efficiency prerequisite 1, and cannot be used to earn this credit for an additional LEED project unless the required shower‐to‐FTE ratio is met for both projects.

Real property no longer attributed to a certified building If a certified building is demolished, all real property attributed to that LEED project may be assigned to another LEED project.

• Easements and leases and that the LEED project owner leases or has an easement on may be included within he LEED project boundary.

L t

Shared construction sites A LEED project boundary must include all land disturbed for that project’s construction, regardless of overlapping construction activity for other projects. For information on overlapping LEED project boundaries, please see the bullet below entitled ‘Site boundary guidance for phased building projects, or building on land that was esignated for a previously certified LEED project’.

d

2 February 2012 22 of 62 Attachment 24

• Site boundary guidance for phased building projects, or building on land that was designated for a previously certified LEED project Project teams with phased building projects often wish to certify each phase as it is completed.

Phased building projects are either 1) buildings with planned future additions or 2) sites with a master plan for multiple buildings. If a phased project falls into the first category, the bullet entitled ‘Horizontally Attached Buildings’, in the MPR #2 section, must be consulted for information on whether or not the different phases are permitted to certify separately.

Phased projects with multiple buildings will often be able to easily designate a LEED project boundary (LPB) for each building, such as in this example:

Phase 1 footprint

Planned Phase 2 footprint

All the land associated with or supporting Phase 1 building operations.

All the land associated with or supporting Phase 2 building operations.

For projects with multiple phases of the same building, or a building located on land that is a part of an already certified LEED project, overlapping LEED project boundaries is inevitable. An exception to the fourth stipulation in this MPR ‐ “Any given parcel of real property may only be attributed to a single LEED project building” – may be made in this situation if certain criteria are met. Note that the purpose of this exception is to protect the integrity of certified LEED projects while allowing the future projects to successfully pursue LEED certification. Please see below an illustration of what is required and allowable in this situation, with corresponding written guidance on the next page.

2 February 2012 23 of 62 Attachment 24

EXAMPLE: JONES ELEMENTARY SCHOOL, USING THE LEED FOR SCHOOLS 2009 RATING SYSTEM

Description of phases

Planned Phase 2 footprint

Phase 1 footprint

Phase 1 LEED Project Boundary.

Must include all land as specified in the MPR

Phase 2 LEED Project Boundary.

Must include all land as specified in the MPR.

Description of overlapping areas

Example results of overlapping areas

Planned Phase 2 footprint

Phase 1 footprint

For this area, Phase 2 may not pursue certain credits if Phase 1 earned them – UNLESS there is new development.

Planned Phase 2 footprint

This is a parking lot built during Phase 1. Heat Island reduction strategies were used, and Phase 1 captured SS credit 7.1 (Heat Island Effect, Non‐ Roof). No additional hardscape was added for Phase 2, so SS credit 7.1 may not be pursued for phase 2.

A line of bushes and trees were added as a part of Phase 2. Even though Phase 1 earned WE credit 1, Water Efficient Landscaping, Phase 2 may also pursue this credit, using this new landscaping only in the calculations.

Phase 1 earned SS credit 5.2 (Site Development

– Maximize Open Space). So, Phase 2 may only use this land area, outside of Phase 1’s LPB, to pursue SS credit 5.2.

Phase 1 footprint

For this area, Phase 2 may pursue all credits.

2 February 2012 24 of 62 Attachment 24

LEED PROJECT BOUNDARY GUIDELINES FOR THE FIRST PHASE

he first building in a phased building project must include all land as required by this

Land designated for a future building may not be ex luded.

T MPR. c

LEED PROJECT BOUNDARY GUIDELINES FOR SUBSEQUENT PHASES

A subsequent building in a phased building project must include/exclude land as required by this MPR with the exception of the fourth stipulation: ‘Any given parcel of real may property may only be attributed to a single LEED project building.’ This exception be made if the following conditions are met.

a) Information on previous project must be disclosed. The project team must inform the LEED reviewer when they are developing on land belonging to a previously certified LEED project. The name, LEED project number, LEED project boundary, n and list of credits earned must be disclosed. This information may be disclosed i Project Information Form #1 in LEED Online v3.

b) Land necessary to earned SS credit 5.1 or 5.2 for a previous project must not be displaced. A subsequent building phase located on land that is part of a certified LEED project MAY NOT displace land that is critical to a previous phase’s compliance with SS credit 5.1 or 5.2. The Phase 1 project team must take into consideration future phases when applying for SS credit 5.1 and 5.2. If unforeseen circumstances result in an infringement on this policy, the project team must submit the a Project CIR to request consideration for an alternative solution that satisfies intent of SS credit 5.1 and 5.2.

c) Credits are not double counted. Overlapped LEED project boundaries restrict project teams’ ability to pursue certain credits, as detailed below.

SS credit 3, Brownfield Redevelopment: The same brownfield redevelopment effort can contribute to capturing this credit for only one LEED project.

SS credit 5.1, Site Development – Protect or Restore Habitat: Land area that contributed to an earlier LEED project’s capture of this credit via Case 2 (Previously Developed Areas or Graded Sites), may not be used by a later project to capture the credit.

SS credit 5.2, Site Development – Maximize Open Space: Land area that contributed to an earlier LEED project’s capture of this credit may not be used by a later project to capture the credit.

SS credit 7.1, Heat Island Effect, NonRoof: Strategies that contributed to an earlier LEED project’s capture of this credit may not be used by a later project. If there is new development during a later phase on the same land (such as new sidewalk), then strategies associated with that new feature may contribute to the capture of the credit for that phase.

WE credit 1, Water Efficient Landscaping: Strategies that contributed to an earlier LEED project’s capture of this credit may not be used by a later project. If there is new development during a later phase on the same land (such as new shrubbery

2 February 2012 25 of 62 Attachment 24 plantings), then strategies associated with that new feature may contribute to the capture of the credit for that phase.

NOTE on SS prerequisite 2, Environmental Site Assessment: The same documentation ay be used to show compliance for multiple LEED projects. m

Additional Information and Clarifications

• Defining land that is associated with and directly supports a building This MPR requires that ‘The LEED project boundary must include all contiguous land that is associated with and supports normal building operations for the LEED project buil in any way as a result of the LEED project cons users, such as:

ding....’. This includes land which is altered d by building o ewalks truction, and features enjoye o hardscape, such as parking and sid ent equipment septic treatm o stormwater treatment equipment o landscaping Often, these features are shared with other nearby buildings. In this case, the project team must make a judgment and divide the land reasonably among the buildings. See guidance for shared hardscape and construction site situations below.

• Shared hardscape and onsite parking facilities If a LEED project building shares use of a parking lot, parking garage, or other amenity with another building, then those amenities must be allocated according to the percentage of use for each building. A brief description of the situation and any related calculations should be provided in Project Information form #1 in LEED Online v3. The project team must only show that the appropriate percentage of amenities is included ithin th boundary for their own project. It is also their responsibility to ascertain that w e they

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do not inappropriately cross boundaries with another LEED project.

MPLE

Two neighboring stores are being constructed, and one is pursuing LEED certification. A new parking lot with fifty spaces will be shared by the two stores.

The certifying store estimates that it will use twenty parking spaces on a regular basis to serve its employees and customers. Therefore, the project team must draw its LEED project boundary to include twenty spaces and forty percent of the supporting hardscape (driveways, sidewalks, etc).

Supporting infrastructure not owned by building owner Infrastructure supporting the LEED project building may be omitted from the LEED project boundary if it is not owned by the LEED project owner AND if it is not included n the scope of construction work for the LEED project. This omittance must be done onsistently throughout the submission.

2 February 2012 26 of 62 Attachment 24

• Small buildings within the LEED project boundary Occasionally, there are small buildings physically close to the LEED project building, and associated with its normal building operations. Such a building may be included within the LEED project boundary and excluded from required compliance with MPRs, prerequisites, and credits (unless specifically addressed below) if the conditions listed below are met. Temporary structures erected for the purposes of supporting n construction administration work and that will be removed at construction completio are not subject to this MPR and will not be required to certify.

a) The building must be ineligible to apply for LEED certification because it does not meet MPR #2, Must Be A Complete, Permanent Building or Space, MPR#4, Must Comply with Minimum Floor Area Requirements, or MPR #5 Must Comply with al Laws Minimum Occupancy Rates.

b) The building must comply with MPR #1, Must Comply with Environment

c) The building must comply with all Sustainable Sites prerequisites.

) No credit may be claimed for strategies implemented in the building.

) Only two such buildings may be included within the LEED project boundary.

2 February 2012 27 of 62 Attachment 24

4. MUST COMPLY WITH MINIMUM FLOOR AREA REQUIREMENTS.

New Construction, Core and Shell, Schools, Existing Buildings: Operations and Maintenance

The LEED project must include a minimum of 1,000 square feet (93 square meters) of gross floor area.

Commercial Interiors st include a minimum of 250 square feet (22 square meters) of gross floor area.

The LEED project mu

The thresholds and calculations that make up the system of evaluation in LEED begin to break down and lose meaning once the building or space being evaluated reaches relatively diminutive proportions. A building or space that is too small would compromise the integrity of the LEED

Intent:

The thresholds and calculations that make up the system of evaluation in LEED begin to break down and lose meaning once the building or space being evaluated reaches relatively diminutive proportions.