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Baltimore City Bill 15-0546, introduced on July 23rd is the triennial legislation for the purpose of adopting and revising the 2015 building, fire, and related codes.

But Baltimore is not adopting the 2015 International Green Construction Code. Those paying attention to such things will recall the City just adopted the 2012 IgCC effective April 1, 2015. While the 2015 IgCC was approved last November, that current code is not approved for use by the Maryland Department of Housing and Community Development which requires each jurisdiction in Maryland use the same edition of the same building codes.

The Bill proposes to modestly revise the already adopted 2012 IgCC making several key positive improvements to the original enactment.

The Baltimore Green Construction Code will continue to apply to all new construction and “all repairs, additions, or alterations to a structure and all changes of occupancy” with very few exceptions (.. one or two family dwellings, etc.). That the mandatory green law applies to nearly every construction and renovation project is a major expansion from the scope of the City’s 2007 law and makes it among the greenest of such codes in the nation.

Significantly, the Green Code does not apply to: structures that achieve a LEED Silver rating; residential and mixed use buildings of five stories or more that comply with the ICC 700 at the Silver performance level for energy and Bronze level for other categories; and, to structures that comply with ASHRAE standard 189.1. The Bill expands the alternative compliance options to include “a structure, that as certified by Enterprise Community Partners, Inc., complies with Enterprise Green Communities Criteria.”

The enactment continues to allow the Code official to accept third party certification of compliance with these alternative compliance paths; and the author’s businesses will provide those certifications.

Possibly most significantly, Bill 15-0546 deletes the energy conservation modeled performance pathway requirements from the current law. The prior code permitted an energy model using the zero energy performance index (zEPI), had the practical effect of requiring nearly every project requiring a building permit to run a zEPI energy model, and that will now not be the case.

Prior to the effective date of this Bill, the Code official has announced that, on a case by case basis, projects determined to have expended significant time and money in plan approvals and for projects that were not required to comply with the 2007 threshold (e.g., a building under 10,000 square feet), which projects when registered prior to that effective date, may be permitted to proceed under the old code.

However, many projects will want to take advantage of the current green code, including multi-family residential buildings, many of which will find the newly available Enterprise Green Communities Criteria an advantageous option.

Also of import, the legislation leaves in place the exemption process where the Code official may, in unusual circumstances and upon a showing of good cause, grant an exemption from any specific requirement of the Green Code. This will be key in making the very broad Green Code workable, in particular for small size projects and unique building types. The IgCC as adopted in Baltimore is not a base code, but rather sets a higher bar than even LEED Silver, including with significantly fewer options than LEED.

As progressive as this regulatory scheme is, Baltimore is one of a very limited number of jurisdictions mandating new construction and renovation of both private and public buildings must be green. Many believe that a voluntary, non-mandatory approach to environmental protection is the best hope for stewardship of our planet. It is that same belief that has led to the broad brand and wide market share acceptance of LEED as a voluntary green building rating system. But Baltimore has had a mandate on the books since 2007, so, while there are not 50 shades of green, with alternative compliance paths for achieving green building, this bill tweaking the Green Code is being viewed favorably.

The first hearing on the 296 page bill is scheduled for September 29 before the Judiciary and Legislative Investigations Committee. Those who seek modifications to the code should advance amendments before that hearing.The likely third reader date is October 26 with an early November effective date.

It is important that those contemplating construction or renovation in Baltimore be aware that the state of Maryland adopted a very different version of the IgCC for use on Maryland capital budget funded projects.

We work with property owners and builders, including to evaluate the impact of the several alternatives for green building now required of nearly all construction and renovation in Baltimore and to assist with the exemption process. If we might be able to assist you, do not hesitate to give Stuart a call at 410-339-3910.