CALGreen Section: 5.714.7.4.1  Acoustical control. Employ building assemblies and components with Sound Transmission Class (STC) values determined in accordance with ASTM E90 and ASTM E413 or Outdoor-Indoor Sound Transmission Class (OITC) determined in accordance with ASTM E1332 using either the prescriptive or performance method in Section 5.714.1.1 or 5.714.1.2.

Exception:  Buildings with few or no occupants or where occupants are not likely to be affected by exterior noise, as determined by the enforcement authority, such as factories, stadiums, storage, enclosed parking structures, and utility buildings.

5.714.7.4.2 Exterior noise transmission, prescriptive method. Wall and roof-ceiling assemblies exposed to the noise source making up the building addition or altered envelope shall meet a composite STC rating of at least 50 or a composite OITC rating of no less than 40, with exterior windows of a minimum STC of 40 or OITC of 30 in the following building locations:

1.  Within the 65 CNEL noise contour of an airport

Exceptions:

1.  Ldn or CNEL for military airports shall be determined by the facility Air Installation Compatible

Land Use Zone (AICUZ) plan.

2.  Ldn or CNEL for other airports and heliports for which a land use plan has not been developed shall be determined by the local general plan noise element.

2.  Within the 65 CNEL or Ldn noise contour of a freeway or expressway, railroad, industrial source or fixed-guideway noise source as determined by the Noise Element of the General Plan

5.714.7.4.2.1 Noise exposure where noise contours are not readily available. Buildings exposed to a noise level of 65 dB (Leq-1Hr) during any hour of operation shall have building addition or alteration exterior wall and roof-ceiling assemblies exposed to the noise source meeting a composite STC rating of at least 45 (or OITC 35), with exterior windows of a minimum STC of 40 (or OITC 30).

5.714.7.4.2.2 Performance method.  For buildings located as defined in Sections A5.714.7.1.1 or A5.714.7.1.1.1, wall and roof-ceiling assemblies exposed to the noise source making up the building addition or altered envelope shall be constructed to provide an interior noise environment

attributable to exterior sources that does not exceed an hourly equivalent noise level (Leq-1Hr) of

50 dBA in occupied areas during any hour of operation.

5.714.7.4.2.3 Site features.  Exterior features such as sound walls or earth berms may be utilized as appropriate to the addition or alteration project to mitigate sound migration to the interior.

5.714.7.4.2.4 Documentation of compliance.  An acoustical analysis documenting complying interior sound levels shall be prepared by personnel approved by the architect or engineer of record.

5.714.7.4.3 Interior sound transmission. Wall and floor-ceiling assemblies separating tenant spaces and tenant spaces and public places in additions and in alterations modifying existing partitions or installing new partitions shall have an STC of at least 40.

Note:  Examples of assemblies and their various STC ratings may be found at the California Office of

Noise Control:  http://www.toolbase.org/PDF/CaseStudies/stc_icc_ratings.pdf .

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.

Frequently Asked Questions

Q: Section 4.406.1 applies to openings at exterior walls. Does this apply to a combination of all openings through exterior walls or just the openings in the top and bottom plates?

A: This section requires the sealing of openings, e.g., cuts, holes and notches in bottom plates, to prevent entry of rodents and the resulting damage.

Q: CALGreen requires that 100 percent of excavated soil and land clearing debris must be reused or recycled for commercial projects. Does this requirement also apply to residential projects?

A: No. CALGreen Section 408.1 requires 50 percent reduction of construction waste with a specific exception for excavated soil and land-clearing debris from this requirement. Unlike the provisions for nonresidential construction, there are no mandatory requirements for reuse or recycling of excavated soil and land-clearing debris. However, CALGreen  voluntary Tier 1

level of enhanced green building does include a prerequisite for topsoil protection and reuse (Section A4.106.2.3). As noted, this is not a mandatory requirement of CALGreen unless the voluntary Tier 1 level is adopted or the measure is specifically required at the local level.

Q: The building department in my jurisdiction does not allow the reuse of previously used materials. Is reuse of materials a violation of CALGreen?

A: No. There are provisions for used materials in the California Building Standards Code. The code specifies that used materials, equipment and devices shall not be reused unless approved by the building official. This means that some materials cannot be reused if they do not comply with the requirements of the California Building Standards Code and/or the local ordinances for new construction. CALGreen Sections A4.105.1 and A4.105.2 state that reused materials or products must comply with current building standards requirements or be an accepted alternate method or material.

Q: Is a building operation and maintenance manual required for each condominium, duplex or dwelling unit?

A: Yes. Each individually-owned unit in a multifamily building shall have an approved operation and maintenance manual at the time of final inspection. Information must be for the appropriate dwelling unit or building. Paper or electronic copies of these documents are acceptable. The required documentation must stay with the building or dwelling unit throughout its life-cycle and be accessible to the owner, tenant or the individual(s) responsible for operating the feature, equipment or device.

Q: Is a building operation and maintenance manual required for each apartment dwelling unit?

A: No. In multifamily dwellings not individually-owned, such as an apartment complex, it is not the intent of HCD to require a complete operation and maintenance manual in each individual dwelling unit. An individual operation and maintenance manual may be necessary for each building where dwelling unit features differ within an apartment community or where different special inspections have been required for each building. However, a single comprehensive manual may be permitted when approved by the local enforcing agency.

Tenant rights and responsibilities typically vary with each rental contract. The building owner/manager shall retain the original manual(s), which must remain on-site and made available for review by all tenants. All maintenance and operation information for all applicable features of a dwelling unit and common areas shall be provided to whoever is responsible for operating the feature, equipment or device. When the tenant is the responsible party, applicable maintenance or operating information shall be provided to them. Photocopied information from the approved manual is acceptable. Public transportation options or other information required by the manual, applicable to all individual tenants, may be provided individually or at a central location where all tenants have access.