Presentation given to Construction Seminar at Georgia Tech on March 15, 2010 regarding the status and substance of the City of Atlanta\'s proposed sustainable building ordinance.

2. City of AtlantaSustainable Building Ordinance Robert C. Newcomer, Esq/LEED AP The Lang Legal Group LLC rnewcomer@langlegal.com 404.320.0990 Shane M. Totten, AIA/LEED AP Off Grid Studio LLC shane@offgridstudio.com

3. Sustainable Building Ordinance Sustainable Atlanta Intent Administrative provisions Compliance requirements Application Phase-in schedule Compliance review Compliance reviewers Variance Atlanta Sustainable Building Commission (“ASBC”) Technical provisions Mandatory standards Data collection Site improvements Water and Energy Efficiency Indoor Environmental Quality Impact on Atmosphere, Materials & Resources Construction & Operation Plans Post-Occupancy Guidelines Summary and Conclusions

5. Zero Waste

6. Water Efficient

7. Healthy, Efficient Buildings

8. Abundant Greenspace

9. Green Business

10. Green Jobs

11. Clean Energy

12. Social & Economic Equity

13. Accessible Transit Options

14. Walkability

15. Enable City of Atlanta to lead by example

16. Facilitate dialogue

17. Focus on high-impact initiatives

18. Engage experts and network of advisors

19. Content-rich website

20. Outreach to media and stakeholdersDrive Change: Be a Catalyst Convene: Leaders & Experts SA Mission: Drive Change Tell the Story: Measure and Report

21. Sustainability “To meet the needs of the present without compromising the ability of future generations to meet their own needs.” Green building is the practice of creating structures and using processes that are environmentally responsible and resource-efficient throughout a building's life-cycle from siting to design, construction, operation, maintenance, renovation and deconstruction.”

22. U.S. Building Impacts 39% Greenhouse Gas Emissions (CO2) 60% Total Waste (non-industrial) 13% Water Use 72% Electricity Consumption Test

23. GLOBAL CO2 EMISSIONS (BY SECTOR) #1 Buildings #2 Transportation #3 Industry

25. Atlanta’s 2009 Sustainability Report

26. Taskforces:

27. Sustainable Building

28. Recycling and Materials Management

29. Water

31. SBO - Intent To improve building performance in support of achieving the objectives of the U.S. Mayors’ Climate Protection Agreement and Architecture 2030. Proposed amendments to existing City of Atlanta Building Code

32. SBO – Administrative Compliance Requirements ASBS (SBO Section 2) USGBC LEED BD+C 2009 or ID+C 2009 SS6.2, SS7.1, SS7.2 WE1, WE2, EA1 (2 points each) Green Globes B.2, C.1, D.1, D.2 EarthCraft Site Planning, Durability, Water (indoors and outdoors) Energy Efficient Building Envelopes and Systems

33. SBO – Administrative Application “Construction projects” “Additions & alterations” of existing buildings Does not apply to: Single-family or multi-family of 3 stories or less above grade New commercial buildings < 1500 sq ft (or $300,000) Remodel projects < 5,000 sq ft (or $250,000) Maintenance activities Historic buildings (limited exception)

34. SBO – Administrative Phase-in schedule Initial 3-year phase-in period Extended period with chapter-based phase-in Performance (new) and chapter-based (existing) period

35. SBO – Administrative Compliance review Compliance Policy Permitting compliance review ASBS – Compliance Reviewer Affidavit Compliance Options – Fees and worksheet BoB audits Final compliance certification (issuance of CO) ASBS - Commissioning/Acceptance Report (if applicable) Compliance Options – Certification application Temporary CO available upon payment of financial security

36. SBO – Administrative Compliance Reviewer Training Test Professional qualifications: Registered Architect Professional Engineer USGBC LEED AP Must be employed by Registered Architect or Professional Engineer > 3 years or General Contractor > 5 years.

37. SBO – Administrative Variance process Granted by Director, BoB If “special conditions” . . . “undue hardship” Administrative Variance Committee (“ASBOAVC”) Timing Appeals go to Superior Court within 30 days of final decision BoB reports variance applications quarterly to ASBC

38. SBO – Administrative Atlanta Sustainable Building Commission Composed of 25 members Advisory role during implementation Review reports, research and minutes Propose amendments Advocate for additional incentives

39. SBO - Technical Content M. Shane Totten AIA, LEED AP

41. Mandatory provisions

42. Prescriptive provisions

43. Performance provisionsPage SBO - Technical

46. Intent: avoid development of inappropriate sites and reduce the environmental impact of the location of a building on a site.

47. Mandatory provisions

48. Mitigation of Heat Island Effect

49. Reduction of Light Pollution

52. Intent: maximize water efficiency within buildings to reduce the burden on municipal water and wastewater systems

53. Prescriptive option

54. Fixtures and fittings comply with ASME and WaterSense specifications

55. Appliances comply with Energy Star requirements

56. Cooling towers comply with discharge limits on total hardness

57. HVAC equipment

58. Commercial food service operations

59. Medical and lab facilities

60. Special Water Features

62. Intent: maximize water efficiency within buildings to reduce the burden on municipal water and wastewater systems

63. Performance option

65. Intent: maximize water efficiency within buildings to reduce the burden on municipal water and wastewater systems

66. Site Water Use Reduction

67. Prescriptive Option: plantings, high efficiency irrigation

70. Intent: establish a minimum level of energy efficiency for proposed building and systems

72. Intent: establish a minimum level of energy efficiency for proposed building and systems

73. Prescriptive provisions

74. Comply with ASHRAE Advanced Energy Design Guides

75. Use assessment tools, such as COMcheck to document 30% savings over ASHRAE 90.1

77. Intent: establish a minimum level of energy efficiency for proposed building and systems

78. Performance provisions

81. Intent: enhance air quality in buildings to protect the comfort and well being of occupants

82. Provisions (combined mandatory, prescriptive and performance)

83. Minimum indoor air quality (ASHRAE 62.1)

84. Radon resistant construction

85. Blower door testing

86. Environmental tobacco smoke control

87. Outdoor air delivery

88. Thermal comfort

89. Building entrance pollution control

90. Acoustic control

91. Daylighting

94. Intent: encourage practices that reduce consumption, minimize waste, divert waste, and encourage use of materials extracted, harvested, and processed in Georgia

95. Mandatory provisions

96. Divert from landfills 50% of construction waste

97. Responsible use of wood products

98. Prohibit use of chlorofluorocarbon and hydrofluorocarbon based refrigerants

100. Intent: encourage practices that reduce consumption, minimize waste, divert waste, and encourage use of materials extracted, harvested, and processed in Georgia

101. Prescriptive provisions

102. Recycled content minimums (post-consumer and 1/2 pre-consumer)

104. Intent: verify the building’s energy related systems are manifested in accordance with requirements and design

105. Mandatory provisions

106. Owner’s project requirements

107. Develop basis of design

108. Construction checklist and verification

109. Commissioning and documentation

110. HVAC, lighting and shading, irrigation, plumbing, water heating, and renewable energy systems

111. Owner training and operation materials

112. Building acceptance for smaller projects

113. Service life plan for pre-engineered/pre-fabricated buildings

114. Indoor air quality (IAQ) plan

116. Intent: verify the building’s energy related systems are manifested in accordance with requirements and design

117. Mandatory provisions

118. Owner’s project requirements

119. Develop basis of design

120. Construction checklist and verification

121. Commissioning and documentation

122. HVAC, lighting and shading, irrigation, plumbing, water heating, and renewable energy systems

123. Owner training and operation materials

124. Building acceptance for smaller projects

125. Service life plan for pre-engineered/pre-fabricated buildings

126. Indoor air quality (IAQ) plan

129. More InformationVisit www.sustainableatlanta.org (email updates) Robert C. Newcomer, Esq/LEED AP The Lang Legal Group LLC rnewcomer@langlegal.com 404.320.0990 Shane M. Totten, AIA/LEED AP Off Grid Studio LLC shane@offgridstudio.com

131. Sustainability “To meet the needs of the present without compromising the ability of future generations to meet their own needs.” Green building is the practice of creating structures and using processes that are environmentally responsible and resource-efficient throughout a building's life-cycle from siting to design, construction, operation, maintenance, renovation and deconstruction.”

132. U.S. Building Impacts 39% Greenhouse Gas Emissions (CO2) 60% Total Waste (non-industrial) 13% Water Use 72% Electricity Consumption Test

133. GLOBAL CO2 EMISSIONS (BY SECTOR) #1 Buildings #2 Transportation #3 Industry