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November 02, 2011

Notice Of Types Of Building Permits That Will Be Deemed To Meet The Requirements Of The Green Building Act 

Types Of Building Permits That Will Be Deemed To Meet The Requirements Of The Green Building Act

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For new construction and substantial improvements to nonresidential, privately-owned buildings and projects with at least 50,000 square feet of gross floor area--the Green Building Act will require certain construction projects in the District to be verified as having fulfilled or exceeded the current edition of the LEED standard for commercial and institutional buildings at the certification level within two years of the receipt of a certificate of occupancy.

 

 

Beginning January 1, 2012, new Green Building Act provisions come into effect.

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Beginning January 1, 2012, the Green Building Act will require certain construction projects in the District to be verified as having fulfilled or exceeded the current edition of the LEED standard for commercial and institutional buildings at the certification level within two years of the receipt of a certificate of occupancy.[1] 
 
Specifically, this requirement will apply to both new construction and substantial improvements to nonresidential, privately-owned buildings and projects with at least 50,000 square feet of gross floor area.[2] Under Section 4 of the Green Building Act, the verification requirement is not applicable to projects that have submitted a building permit application before January 1, 2012.[3]
 
Because the Green Building Act creates an ambiguity by not specifying the types of applicable building permits, this notice clarifies what types of building permit applications must be submitted to ensure compliance with Section 4.
 
First, for projects containing only one building, the primary scope of work of the building permit application must be for the construction of a new stand-alone building or an addition or substantial improvement to an existing building. Therefore, raze and demolition permits,  foundation to grade permits, sheeting and shoring permits, and any other miscellaneous, specialty or postcard permits will not be deemed acceptable for compliance.
 
Second, for projects containing multiple buildings or multiple phases, only one building permit application needs to be submitted prior to January 1, 2012, provided that:
 
a)  The project must be on one lot or contiguous lots, except that the lots may be separated only by a public street, alley, or right-of-way;
 
b)  The primary scope of work of the building permit application must be for the construction of a new stand-alone building or an addition or substantial improvement to an existing building (raze and demolition permits, foundation to grade permits, sheeting and shoring permits, and any other miscellaneous, specialty or postcard permits will not be deemed acceptable for compliance); and
 
c)  A site plan showing the entire development must be submitted with the building permit application.
 

[1] D.C. Official Code § 6-1451.03(b)(1)(B).

[2] D.C. Official Code § 6-1451.03(b)(1).

[3] D.C. Official Code § 6-1451.03(b)(2)(B).