Construction Documents and Installation Verification
CALGreen requires that construction documents and other data be submitted in one or more sets with a permit application. Documents must provide information in sufficient detail to determine compliance with CALGreen and other codes. CALGreen provides the enforcing agencies discretion to require additional construction documents or to waive construction documents, as specified. CALGreen also provides for use of alternate methods of documentation demonstrating substantial conformance when satisfactory to the enforcing agency.
Frequently Asked Questions
Q: Are any documents available that compare CALGreen with established third-party rating systems?
A: HCD is aware that more than one CALGreen comparison document exists. Those comparison documents may analyze all or just a portion of the CALGreen code. Some of these comparative analyses may be accessed through the Internet and others may be proprietary or internal documents.
HCD has been involved in the review and development of some of these documents and has determined that it is not possible to accurately compare the contents of a mandatory code to a voluntary program. HCD expressed this opinion and provided input to the developers of some of these documents; however, HCD cannot endorse the usability or accuracy of the comparative analysis documents that are currently being circulated.
Q: The definition of “Residential Building” in Section 202 provides a reference to “low-rise residential building”. “Low-Rise Residential Building” is further defined to include
R occupancy buildings, three stories or less, or a one- or two-family dwelling or townhouse. Does this mean that four story and taller apartment and condominium buildings are classified as nonresidential? Is this the intent of the code?
A: No. Residential buildings taller than three stories are not considered low-rise residential buildings by definition, but are still residential occupancies. Only residential buildings three stories or less are covered by the scope of CALGreen (Section 101.3.1, #3). Residential buildings taller than three stories are not nonresidential buildings and do not need to comply with the nonresidential portions of the CALGreen code.
Q: How does CALGreen apply to residential buildings which include a parking garage or other use below the residential stories?
A: CALGreen applies to low-rise residential structures of three stories or less. In the case of podium or pedestal construction, the number of floors or stories of residential use determine whether CALGreen’s provisions for low-rise residential apply.
For example, a five story building with a parking garage on the first level has four stories of residential construction above it. CALGreen’s provisions for low-rise residential would not apply to the residential construction since there are more than three stories of residential use involved.
Q: Does CALGreen apply to attached or detached garages?
A: The residential provisions of CALGreen apply to low-rise residential structures in Occupancy Group R (Residential Group R). Private garages, unless exceeding size or other specified limits, are U occupancies pursuant to the California Building Code. Parking garages are in Storage Group S-2 and, therefore, exempt from the CALGreen code.
However, in the case of attached garages, it may be impractical to separately address building standards for the main low-rise residential structure and an attached garage. For example, it would be impractical to plan for retention of storm water, track construction waste, or save topsoil from only the residential portions of the project.
Local enforcing agencies may choose to specify or clarify if attached and/or detached garages associated with residential uses also would be subject to green building standards. This would constitute a local amendment more restrictive than the statewide CALGreen provisions and require a local ordinance adoption process, findings, and filing with the California Building Standards Commission.
Q: Section 102.3 of CALGreen is titled “Verification”, which requires that “Documentation of conformance for applicable green building measures be provided to the enforcing agency”. What type of documentation, and by whom, will meet the provisions of this section?
A: The documentation must be sufficient to satisfy Section 703.1 and the enforcing agency.
Q: If a local agency already has a green building ordinance, will it get “grandfathered” in when the 2010 CALGreen Code becomes effective? If not, how does the local ordinance retain its enforceability?
A: CALGreen standards do not necessarily replace existing local green building ordinances; however, CALGreen does include provisions that are mandated on a statewide basis. Every local agency is required to enforce the mandatory provisions of CALGreen and cannot replace it with a locally adopted green building ordinance. In cases where a local green building ordinance exists, the provisions in the local ordinance need to be equivalent to, or more restrictive than, requirements in CALGreen. These ordinances need to be updated to reflect CALGreen and the other new codes that are effective on January 1, 2011, and approved
statewide amendments to these codes. In addition, an adopted local ordinance and supporting findings are required to be filed with the California Building Standards Commission to be enforceable.
Q: Can a local jurisdiction adopt building standards, including “green building standards”, which are more stringent than those adopted by the State?
A: Yes. Health and Safety Code Sections 17958.5 and 18941.5 were amended by Assembly
Bill 210 (Hayashi, Chapter 89, Statutes of 2009) to clarify this issue. Health and Safety Code Section 17958.5 provides for cities, counties, and cities and counties to make changes or modifications to building standards, including green building standards, due to local climatic, geological or topographical conditions. Section 18941.5 clarifies that Building Standards Law cannot limit local establishment of more restrictive building standards, including green building standards, reasonably necessary due to local climatic, geological or topographical conditions. The local jurisdiction must follow procedural requirements, including making of findings, to formally adopt building standard modifications.
Q: Can a local jurisdiction expand the applicability of Chapters 4 and A4 to all Group R
occupancies taller than three stories?
A: Yes; however, compliance with Section 101.7 is required.
Q: Can local jurisdictions apply local amendments retroactively?
A: No. Health and Safety Code Sections 17912 and 18398.5 (a) and (b) require that only building standards effective at the local level at the time of permit application apply to the plans and specifications and construction performed under that permit. Similarly, additions or modifications to the California Building Standards Code (residential occupancies) apply only to building permit applications submitted after the effective date of the local ordinance.
Q: When adopting local amendments, do the local climatic, geological or topographical conditions have to be unique to that local jurisdiction?
A: No. There are several Attorney General Opinions and related court findings that make it clear the local jurisdictions have a great deal of latitude in making the determination of what constitutes “local climatic, geological or topographical conditions.” The Attorney General has indicated that “lacking specific statutory limitations, the local jurisdiction maintains great latitude in determining what constitutes an appropriate local climatic, geological or topographical condition.”
Q: Is it true that “environmental” justification is now allowed in addition to the local conditions of climatic, geographical and topographical justification?
A: Yes. CALGreen Section 101.7.1 allows consideration of environmental conditions when adopting local amendments.
Q: How would a jurisdiction use the “environmental” justification and does it differ from a climatic justification?
A: The environmental justification would be used similar to how ordinances are enacted. This allows local cities and counties to address their specific needs. The environmental justification is based on the local environment and its needs, and used in conjunction with climatic, geological or topographical conditions.
Q: Are there any limitations or restrictions that apply to adoption of local ordinances related to green building standards? (Also see the next question regarding local modifications related to energy efficiency building standards.)
A: Yes. There are several (administrative) limitations.
> According to state law, the local jurisdiction shall make express findings that amendments are reasonably necessary due to local conditions. The findings shall be made available as a public record. An ordinance must be adopted using the established proceedings and processes of
the local government.
> The local jurisdiction cannot begin to enforce their local modifications to CALGreen until the ordinance and the local finding have been formally filed with the California Building Standards Commission (CBSC). The CBSC serves as a central filing point or statewide database for
local amendments. Although the CBSC does not review local amendments for adequacy, they may reject a local amendment if not supported by findings.
> Local ordinances apply to the version of the code as specified in the local ordinance and applicable findings. Local ordinances need to be re-filed to ensure or maintain applicability to new versions of the building standards code especially since adopted model code references may differ substantially through reorganization and updating.
> Additional information on local amendments is available in CALGreen Section 101.7, Health and Safety Code Section 17958.7, and on the CBSC website addressing local amendments (www.bsc.ca.gov). The CBSC has also published information bulletins to address local amendments to the California Building Standards Code and CALGreen.
Q: Are there any special administrative requirements that apply if the local modification includes revisions to the energy efficiency standards adopted by the California Energy Commission?
A: Yes. The local jurisdiction is required to make a determination that the local energy ordinance is cost effective and at least as stringent as the state energy standards. The “cost effectiveness determination”, stringency analysis, and the local ordinance must be adopted using the local public ordinance adoption process allowing for public review and comment. Local energy ordinances must be approved by the California Energy Commission and filed with the California Building Standards Commission. Further information on this process is
available on the California Energy Commission website (www.energy.ca.gov) addressing local ordinances exceeding the 2010 California Energy Code.
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