COUNTY COUNCIL OF ANNE ARUNDEL COUNTY, MARYLAND
Legislative Session 2009, Legislative Day No. 7
Bill No. 21-09
Introduced by Mr. Cohen, Mr. Dillon and Mr. Benoit
By the County Council, April 6, 2009
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Introduced and first read on April 6, 2009
Public Hearing set for May 4, 2009
Bill Expires July 10, 2009
By Order: Judy C. Holmes, Administrative Officer
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A BILL ENTITLED
1 AN ORDINANCE concerning: Construction and Property Maintenance Codes - Energy
2 Efficient Buildings
3
4 FOR the purpose of requiring publicly funded buildings to meet certain energy efficiency
5 requirements established by the United States Green Building Council; establishing
6 design standards; providing for submission of certifications and occupancy
7 requirement; providing conditions for waiver of requirements; and generally relating
8 to building in the County.
9
10 BY renumbering: § 15-2-104 to be § 15-2-105
11 Anne Arundel County Code (2005, as amended)
12
13 BY adding: § 15-2-104
14 Anne Arundel County Code (2005, as amended)
15
16 SECTION 1. Be it enacted by the County Council of Anne Arundel County,
17 Maryland, That § 15-2-104 of the Anne Arundel County Code (2005, as amended) is
18 hereby renumbered to be § 15-2-105.
19
20 SECTION 1. And be it further enacted, That Section(s) of the Anne Arundel County
21 Code (2005, as amended) read as follows:
22
23 ARTICLE 15. CONSTRUCTION AND PROPERTY MAINTENANCE CODES
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EXPLANATION: CAPITALS indicate new matter added to existing law.
[Brackets] indicate matter stricken from existing law.
Asterisks *** indicate existing Code provisions in a list or chart that remain unchanged.
Bill No. 21-09
Page No. 2
1 TITLE 2. CONSTRUCTION CODES
2
3 15-2-105. Energy Efficient Buildings.
4
5 (A) Scope. THIS SECTION APPLIES TO THE NEW CONSTRUCTION OR MAJOR
6 RENOVATION OF COUNTY-OWNED PUBLIC BUILDINGS OVER 10,000 SQUARE FEET THAT
7 ARE FUNDED WITH 30% OR MORE OF COUNTY OR STATE FUNDS.
8
9 (B) Required. NEW CONSTRUCTION OR MAJOR RENOVATIONS OF A PUBLIC
10 BUILDING THAT IS SUBJECT TO THIS SECTION SHALL:
11
12 (1) ACHIEVE A CERTIFICATION FROM THE UNITED STATES GREEN BUILDING
13 COUNCIL OF A SILVER-LEVEL RATING OR HIGHER IN ANY OF THE FOLLOWING LEED
14 RATING SYSTEMS:
15
16 (I) NEW CONSTRUCTION VERSION 3, OR THE CURRENT VERSION AT THE TIME
17 OF APPLICATION FOR CERTIFICATION;
18
19 (II) CORE AND SHELL VERSION 3 OR COMMERCIAL INTERIOR VERSION 3 OR
20 THE CURRENT VERSION AT THE TIME OF APPLICATION FOR CERTIFICATIONS, PROVIDED
21 BOTH RATING SYSTEMS ARE APPLICABLE TO THE PROJECT; OR
22
23 (III) ANY APPLICABLE LEED RATING SYSTEMS DESIGNED FOR THE NEW
24 CONSTRUCTION OR MAJOR RENOVATION OF A SPECIALIZED PROJECT, INCLUDING, BUT
25 NOT LIMITED TO, LEED FOR SCHOOLS, LEED FOR HEALTHCARE, OR LEED FOR RETAIL; OR
26
27 (2) COMPLY WITH ENERGY AND ENVIRONMENTAL DESIGN STANDARDS THAT
28 THE DIRECTOR MAY ADOPT BY REGULATION AS EQUIVALENT TO A SILVER-LEVEL
29 RATING IN THE APPROPRIATE LEED RATING SYSTEM.
30
31 (C) Certification; Submission Requirement. A DEVELOPER OF A BUILDING
32 SUBJECT TO THIS SECTION SHALL FILE AS AN ATTACHMENT TO A BUILDING PERMIT
33 APPLICATION OR TO A SKETCH PLAN APPLICATION UNDER 17-4-201(C), VERIFICATION
34 THAT THE BUILDING HAS:
35
36 (1) BEEN REGISTERED WITH THE GREEN BUILDING COUNCIL AND THAT THE
37 APPLICABLE LEED REGISTRATION FEE HAS BEEN PAID;
38
39 (2) MET ENERGY AND ENVIRONMENTAL DESIGN STANDARDS THAT THE
40 DEPARTMENT MAY PROMULGATE IN LIEU OF THE APPROPRIATE LEED RATING SYSTEM;
41 OR
42
43 (3) A LEED PROJECT CHECKLIST AND CERTIFICATION PREPARED, SIGNED, AND
44 DATED BY THE PROJECT LEED ACCREDITED PROFESSIONAL THAT THE BUILDING WILL
45 MEET THE REQUIREMENTS OF THIS SECTION.
46
47 (D) Occupancy. PRIOR TO ISSUANCE OF A USE AND OCCUPANCY CERTIFICATE FOR
48 THE BUILDING, THE DEVELOPER SHALL SUBMIT TO THE DIRECTOR A FINAL LEED
49 PROJECT CHECKLIST PREPARED, SIGNED, AND DATED BY THE PROJECT LEED
50 ACCREDITED PROFESSIONAL THAT THE BUILDING WAS CONSTRUCTED ACCORDING TO
51 THE REQUIREMENTS OF THIS SECTION.
52
53 (E) Waiver.
54
55 (1) THE DIRECTOR MAY WAIVE THE REQUIREMENTS OF THIS SECTION IF THE
56 CHIEF ADMINISTRATIVE OFFICER PROVIDES DOCUMENTATION THAT THE PROJECT IS
Bill No. 21-09
Page No. 3
1 COST PROHIBITIVE RELATIVE TO THE POTENTIAL ECONOMIC, ENVIRONMENTAL OR
2 HEALTH BENEFITS POSED BY THE REQUIREMENT. THE DOCUMENTATION SHALL
3 INCLUDE A PLAN TO ATTAIN THE MAXIMUM NUMBER OF LEED POINTS AVAILABLE FOR
4 THE BUILDING.
5
6 (2) THE REQUIREMENTS MUST BE WAIVED IN ORDER TO ADDRESS A PUBLIC
7 HEALTH OR SAFETY EMERGENCY.
8
9 SECTION 3. And be it further enacted, That this Ordinance shall take effect 45 days
10 from the date it becomes law.