New York City Green Codes Session I

On Tuesday, June 28, the Urban Green Council presented its first in a series of five sessions on the status and progress of New York City's effort to create a full Green Building Code.  This series is devoted to passing on information gathered by the New York City Green Codes Task Force.

In this first session, it was planned to have City Council Speaker Christine Quinn give a keynote address summarizing the Task Force progress to date.  Then, City Council Member Eric Martin Dilan, as well as Dan Nall from WSP Flack + Kurtz join with Urban Green Council Executive Director Russell Unger and Charlotte Matthews of Related Companies were to present a further panel discussion.  Unfortunately, due to the ongoing budget crisis, only Russell Unger and Charlotte Matthews were present.  However, they were rather successful in bringing us up to date on the Task Force history and its progress to date.

Readers of my blog will remember in January of this year, NYC passed the most sweeping energy code to date in the nation.  I attended five separate meetings on this topic, and have blog entries on each.  As of July 1, this has become law.

The Green Codes Task force takes this effort much further, in that it will include a re-writing of the entire set of building codes that NYC will ultimately follow.  All areas will be included; not just energy.  We will see plumbing, water efficiency, materials and resources, ventilation -- indoor environmental quality, as well as other green and sustainable issues being incorporated.  This will evolve into what I believe will be the most comprehensive and strict green building code in the nation.

As I have noted, NYC plans by the year 2025 to aim for the requirement that all new and renovated buildings meet Net Zero Energy Building criteria.  As I have said in earlier entries, this will mean that the building will need to through both conservation and the use of on-site renewable energy sources be totally neutral in its energy usage needs.  By this, we mean that the building can still purchase energy from the grid, BUT it must, at some time during  a set period of time generate enough energy through renewable sources, such as solar or wind, to offset this purchase, by sending the same amount back to the Power Grid that it purchased.  Of course conservation through both envelope, lighting and HVAC efficient equipment will play a role here in reducing the total energy needed, we will also now see water efficiency through stricter plumbing fixture requirements.  Toilets that use less than 1.6 gallons per flush and waterless urinals have been proposed to be part of the new Green Code.

We MUST note that none of these additional items have come without protest from various city agencies and trade unions.  One example is the use of fire retardant suppressants, such as foam, and fabric additives.  The NYC Fire Department will need to sign off on changing the current requirements, which mandate the use of high content VOC agents that have been found to contribute to respiratory and other health issues.  Another example is the use of waterless urinals.  The plumbing union has expressed concerns about this.  Thus, there are MANY hurdles to overcome in getting a comprehensive green building code on the books in NYC.

As we know, codes exists due to need.  It is the thinking behind these needs and the means of implementation that make them happen.  The Task Force was a  result of the NYC Mayor's Office and the NYC Council working with the Urban Green Council to create such agency.  It is now know as the NYC Green Codes Task Force.

The NYC Green Task Force went through several ways to start the process:
  1. Mandate LEED
  2. Adapt ASHRAE Standard 189.1
  3. Made in NYC:  The Green Codes Task Force.
LEED was strongly considered, but was found to be difficult to enforce, as it was not a scalable approach.  ASHRAE Standard 189.1 was not yet ready for enforcement at the time the Task Force was working on this effort.  (At this time, it is now is ready for enforcement in any new code.)  Thus, the Task Force Chose to use the latter approach -- Made in NYC:  The Green Codes Task Force creation of a comprehensive set of green building codes from the ground up.  Many of these will mirror those of LEED, and perhaps go beyond.

All told at this time, 111 recommendations for green building requirements have been placed on the table for consideration, and there have been numerous breakdowns and consolidations of these.  One example was to require buildings to make stairwells available for passage at all times.  The Department of Health liked this, as it would promote physical fitness, while at the same time, reduce elevator related energy use.  The idea was tabled, as it was considered to be too risky if someone were to fall in the stairwell and not immediately be found.

At the present, the Task Force is working with the areas of water and lighting efficiency.  One major issue has been the lack of clarity on the codes; interpretation has been the major issue now and in the past.  In fact, I, Myself raised the question as to just when will the new code actually kick in during a construction project.  Is it based on the percentage disturbed of the total square feet, total cost, or just the mere replacement of a plumbing fixture.  The answer is, depending on the area of the building code, all of the above.  With plumbing, for example, if just one fixture or roughing is changed or moved, this area MUST be brought up to current code.  If an area is NOT touched, it will NOT be required to meet the new code in this case.

Another area of concern deals with ventilation.  As we aim to make to make building envelopes more airtight, will we now need to address this concern at the residential level, such as apartments.  We have dealt with this at the commercial level, but will now need to strongly consider the requirement of make-up air and energy recovery ventilators.  I have learned that Canada has required this for a number of years, as their winters are much more severe in regard to heating degree days, that energy tight building envelopes are a must.  But. with energy tight building envelopes comes the need for make-up ventilation devices in order to maintain proper indoor environmental quality.  Canada has such a requirement for such devices.  In fact, in my cousin's Lake Placid, NY town house (built in 2007), which is located in a climate similar to that of Canada, such equipment is already in place.  It should be noted that much of Lake Placid, which has perhaps the cheapest electric rates in the nation, (4.87 cents per kilowatt hour during the winter) heats with resistive electric heat.  The current New York State Energy Code currently requires increased levels of building envelope insulation and air-tightness above and beyond that of non-electrically heated homes.  As such, his town house has a heat recovery ventilation system in place

The main thrust of the effort of the Task Force will be to deal with renovations -- NOT to require existing building that are NOT undergoing changes to meet the new green codes.  This is based on the idea that there is CONSTANT CHURNING OF TENANTS AND BUILDING RENOVATIONS TAKING PLACE ON AN ONGOING BASIS.

It is expected that the process of the Task Force will take two years; thus by the summer of 2012, we should see what at the time of this writing, the nation's most stringent Green Building Code.
 

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