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Contents
RULE I GENERAL PROVISIONS ..............................................................................4
4 4 5
..............................................................................8
APPLICATIONS PRELIMINARY CERTIFICATION CHANGES BETWEEN PRELIMINARY AND FINAL CERTIFICATION FINAL CERTIFICATION REVOCATION CERTIFICATE REQUIREMENTS EXEMPTIONS
8 9 10 11 12 12 14
15 15 16
............................................................................17
17 17 18
............................................................................20
CARBON CREDITS APPLICABILITY OF EXISTING MINIMUM STANDARDS, PROHIBITED ACTS AND PENAL PROVISIONS AMENDATORY AND REPEALING CLAUSES SEPARABILITY CLAUSES TRANSITORY AND EXCLUSION CLAUSE
20 20 21 21 21
IRR-2 Final Draft
SECTION 22
EFFECTIVITY CLAUSES
21
STANDARD CERTIFICATION ISSUANCE .........................................................25 PRELIMINARY CERTIFICATION FOR GREEN BUILDING FORM....................26 PRELIMINARY CERTIFICATION FOR GREEN BUILDING AMENDMENT FORM ............................................................................27 FINAL CERTIFICATION FOR GREEN BUILDING FORM ..................................28
ANNEX F
ANNEX G MINIMUM STANDARDS, PROHIBITED ACTS AND PENAL PROVISIONS ..... 29 ANNEX H ANNEX I ORDINACE NO. 1917 SERIES OF 2009 GREEN BUILDING ORDINACE ........30 ORDINANCE NO. 1940 SERIES OF 2009 GREEN ROOF ................................31
ACKNOWLEDGMENT
32
IRR-3
2.2
2.3
2.4
2.5 2.6
2.7 2.8
the state of health of the population and abate the outstanding destruction of our ecosystem, ground water and air quality.
SECTION 3 DEFINITIONS
Unless otherwise defined under this Ordinance, the following terms shall mean and be construed as: 3.1 Applicant - the developer of a new building development or an owner of an existing building that is the subject of evaluation and rating. Biodegradable - refers to waste materials that are capable of being broken down by other living organisms. This includes food wastes and green wastes such as tree cuttings, trimmings and the like. Building/ Structure/ Facility/ Project - any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind that is considered as new building development or an existing structure of which the assessment is sought; and site that utilize a single submittal for construction permit or that are within the contiguous properties under single ownership or effective control. Carbon Credits - are emission allowances allocated or auctioned under a cap-a-trade program, or it can be utilized to offset emissions. Such offsetting and mitigating activities are authorized under the Kyoto protocol. Under the Protocol, the amount of emissions reduced is evidenced by a Certified Emissions Reduction (CER). Discharge - includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water (source: IRR of RA 9275). Dwelling Unit - one or more habitable rooms which are occupied or which are intended or designated to be occupied by one family with facilities for living, sleeping, cooking and eating. Effluent - is a general term denoting any wastewater, partially or completely treated, or in its natural state, flowing out of a manufacturing plant, industrial plant, or treatment plant. Effluent Standard - refers to any legal restriction or limitation on quantities, rates, and/or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land (source: IRR of RA 9275). Evaluation - the valuation of the standard of environmental performance of the building based on the criteria as set out in the Green Building Rating System. Final Certificate for Green Building - is a document issued after completion of the evaluation by the GBIU of the building project wherein the level of certification and tax credit allowed are stated in compliance with Section 14 of this IRR. Generation - refers to the act or process of producing solid wastes (source: RA 9003).
IRR-5 Final Draft
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12 3.13
3.14
3.15
3.16
3.17
3.21
3.22
Green Architecture an approach to building that minimizes harmful effects on human health and the environment. Green Building - an integrated whole-building approach to the planning, design, construction, operation, and maintenance of buildings and their surrounding landscape that help mitigate the environmental, economic and social impacts of buildings on the following: site conservation and sustainable planning, water conservation and efficiency, energy efficiency and renewable energy; conservation of materials and resources, and indoor environmental quality and human health. Green Building Inspection Unit (GBIU) refers to the technical working group of the Green Building program and shall be composed of representatives from the Department of Building Official, Environmental Protection and Waste Management Department, City Planning, Department of Engineering, City Treasurers Office and City Assessors Office. The duties and responsibilities of GBIU shall be defined through Executive Order by the City Mayor. Green Roof refers to buildings that have rooftops that are dedicated to plants and trees. The rooftop devoted to plants and trees must be layered with soil wherein the said plant or tree is planted. The use of any kind of pots for the plants will not suffice. Hazardous Waste - refers to any waste or combination of wastes of solid, liquid, contained gaseous, or semi-solid form which cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, taking into account toxicity of such waste, its persistence and degradability in nature, its potential for accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or organism (source: IRR of RA 9275). Quezon City Green Building Rating System (QCGBRS) the system used for determining the numerical Green Points based on the compliance of the building project on Section 9 requirements. Ordinance - refers to the Green Ordinance of 2009. Plants and Trees refer to live flowering and non-flowering plants, as well as live fruit and non-fruit bearing plants. Permit to Operate - refers to the legal authorization granted by the Environmental Management Bureau to operate or maintain any installation for a specified period of time (source: IRR of RA 8749). Pollution control device - refers to any device or apparatus that is used to prevent, control, or abate the pollution of air caused by emissions from identified sources at levels within the air pollution standards established by the Department of Environment and Natural Resources (source: IRR of RA 8749). Preliminary Certificate for Green Building - a document issued on completion of the evaluation of the building stating the buildings achievement of environmental standard set by this IRR.
IRR-6 Final Draft
3.23
3.24
3.25
3.26
3.27
3.28
3.29
3.30
3.31 3.32
3.33
Recyclable Wastes - refers to any waste material retrieved from the waste stream and free from contamination that can still be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other materials as may be determined by the Technical Committee. Residual Wastes refers to common waste generated by industry, business, institutions and houses that remains after diversion programmes have been used to remove recoverable materials. Re-use - refers to the recovery of materials intended to be used again either for the same or different purpose without altering their physical and chemical characteristics (source: RA 9003). Sewage Treatment Plant (STP) - process of removing contaminants from waste water and household sewage, both runoff (effluents) and domestic. It includes physical, chemical and biological processes to remove physical, chemical and biological contaminants. Solid Waste - refers to all discarded household waste, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other nonhazardous/non-toxic solid waste (source: RA 9003). Stationary source - refers to any building or fixed structure, facility or installation that emits or may emit any air pollutant (source: IRR of RA 8749). Technical Committee - refers to the body composed of the Local Building Official, City Planning and Development Office and the Environmental Protection and Waste Management Department. Waste Diversion/Reduction - shall refer to activities which reduce or eliminate the amount of solid waste from waste disposal facilities. Wastewater refers to waste in liquid state containing pollutants (source: IRR of RA 9275). Wastewater Treatment Facility - Any plant or facility owned or maintained by any department, agency or authority of the state or by any sewer company, private corporation, association, person or group of persons, or by any industry of institution, except domiciles or residential units, which subjects waste water to a process for removing or altering the objectionable constituents of wastewater for the purpose of the requirements of the Clean Water Act of 2004, Republic Act of 2004 (RA 9275) to make it less offensive or dangerous. Whole Building - the entire building project, as comprised of the base building and tenant space.
IRR-7
Classification Commercial Commercial Commercial Commercial Commercial Institutional Institutional Institutional Industrial Industrial
4.1.2
4.2
Total gross floor area of the building or buildings both for new construction and existing enumerated above shall be the total area of all buildings within the compound. The Preliminary Certification inspection, evaluation and rating procedures, which the Technical Committee has devised, shall be implemented by the Local Building Official under Section 5 of this IRR.
In accordance with Section 7 of this IRR, the Final Certification evaluation, inspection and rating procedures shall be implemented by a Green Building Inspection Unit which shall be created through an Executive Order. The said unit (or GBIU) shall be composed of representatives from the Department of Building Official, Environmental Protection and Waste Management Department, City Planning, Department of Engineering, City Treasurers Office and City Assessors Office. 4.2.1 The Inspection and Evaluation Procedure shall conform to Annex A. All the requirements to be part of the
IRR-8 Final Draft
4.2.2
4.2.3
inspection shall be prepared and submitted by the applicant with the assistance of technical persons who must have knowledge of Green Technologies. These requirements shall be referred to the provisions in Section 9 of this IRR. The Rating System shall conform to Annex B. The detailed rating and evaluation depends on the extent presented by the applicant as embodied in this IRR. It is the intent of the IRR to encourage applicant to support the Green Buildings program, hence, it is permitted that the applicant to have his own rating of minimum score of 50 points for any tax credit to be considered and to comply with the mandatory requirements stipulated in Annex B. However, only the Local Building Official shall be responsible for the evaluation for the Green Point score. The standard Certification issuance shall conform to Annex C. This certification is intended for the tax credit, if the Green Points is 50 and above as applicable under the terms and conditions in Section 14. Otherwise, if the building is only compliant with the Mandatory requirements, it is already considered as Green Building but not qualified for any tax credit.
5.2
5.3
a. The proposed construction/retrofitting are technically feasible. b. The proposed facility shall operate in accordance with the representations made by the applicant. c. The mandatory provisions of Section 9 of this IRR. d. Any applicable rules or standards that shall be adopted by the Department of Building Official, City Planning and Development Office and the Environmental Protection and Waste Management Department. The first taxable year for which the credit may be applied; 5.3.2 The expiration date of the tax credit. Such expiration date may be extended at the discretion of the City Treasurer in order to avoid unwarranted hardships; and 5.3.3 The maximum amount of the total credit allowed in any single taxable year. If the Local Building Official determines that the construction/ retrofitting, does not comply with mandatory provisions under Section 9 of this IRR and applicable rules and standards, the Local Building Official shall issue an order to comply with the Green Building Ordinance and its IRR. 5.3.1
5.4
SECTION 6
6.2
6.2.1
6.2.2
If the changed project complies with the requirements under Section 9 of this IRR, then the Local Building Official shall issue an amended preliminary certification to be addressed to the City Treasurer and City Assessor. If the changed project does not comply with the requirements under Section 9 of this IRR then the applicant shall have the option to request for review by the Technical Committee and when the Technical Committee's finding is that the changed project does not comply, then the Local Building Official shall issue orders that revoke the preliminary certification.
SECTION 7
FINAL CERTIFICATION
Upon completion of the proposed construction or retrofitting project, the following provisions shall be considered by the applicant and the Green Building Inspection Unit: 7.1 No final certification shall be issued by the Green Building Inspection Unit through the Local Building Official under this Section unless the facility was constructed under an approved Preliminary Certificate issued under Section 5. An applicant may apply with the Green Building Inspection Unit through the Local Building Official for the Final certification of the facility with the attached application form ANNEX F that shall contain the following requirements, Section 7.2.1, 7.2.2a, 7.2.2b, 7.2.3 and 7.2.4 below, after completion of construction of the building project. 7.2.1 A statement that the conditions of the preliminary certification have been complied with; 7.2.2 An eligibility certificate from a licensed project architect or engineer that consists of: a. Preliminary Certification by the Local Building Official that the building, with respect to which the credit is claimed, is compliant with the provisions of the IRR; and b. A statement of the degree of compliance achieved by the building, to permit determination of the proper credit amount under Section 14 and 15 of this IRR. 7.2.3 7.3 A statement that the facility is in operation.
7.2
After successfully conducting the technical verification/evaluation by the Green Building Inspection Unit and provided that the provisions under Section 7.1 to 7.4 have been complied with, the Green Building Inspection Unit through the Local Building Official shall issue a certification addressed to the City Treasurer and the City Assessor recommending the approval for the issuance of the Final Credit Certificate for the constructed facility. In relation to the final certification, the City
IRR-11 Final Draft
Assessor shall provide the annotation in the tax declaration, as basis of the City Treasurer's application of tax credit.
8.2
SECTION 9 REQUIREMENTS
9.1 The applicant and his designer may provide the following requirements within the period indicated in Section 22 for the phase-in implementation. After such period, these requirements shall be complied with. The Local Building Official shall check the submittals from the applicant if any of the following is adopted by the applicant. 9.2.1 Use of renewable energy 9.2.2 Installation and use of insulation and energy reduction and efficiency mechanisms; 9.2.3 Solid waste and waste water treatment schemes; 9.2.4 Incorporation of green building features; and 9.2.5 Reduction systems for greenhouse gases and other volatile organic compounds. Under the Quezon City Green Building Rating System (QCBRS), the applicant shall comply with the following submittals. For detailed parameters, refer to Annex A. 9.3.1 Land/ Sites Sustainability. The applicant shall provide a mandatory master plan of ways to be implemented on how to control soil erosion, waterway sedimentation and control airborne dust generation during the construction. The applicant may submit in addition to mandatory
IRR-12 Final Draft
9.2
9.3
9.4
requirement any, several or all of the following elective requirements at proposed site for additional points. The data is divided into Site Selection from Flooding, MixedUse Neighborhood Center, Community Connectivity, Transportation, and Greenery for Landscape/Hardscape, Green Roof and Storm Water Management. 9.3.2 Energy Efficiency. The applicant shall provide a mandatory installation and use artificial and efficient lighting as part of the energy efficiency plan. The applicant may submit in addition to mandatory requirement any, several or all of the following elective requirements at proposed site for additional points. The data is divided into Building Envelope Design, Airconditioning System, Natural Ventilation, Electric Consumption Reduction and Renewable Energy. 9.3.3 Water Efficiency. The applicant shall provide a mandatory installation and use of water efficient fixtures. The applicant may submit in addition to the mandatory requirement any, several or all of the following elective requirements at proposed site for additional points. The data is divided into Water Use Reduction and Use of Greywater or Rainwater. 9.3.4 Materials and Resources. The applicant shall provide a mandatory installation, operation and maintenance of Material Segregation Facility. The applicant may submit in addition to mandatory requirement any, several or all of the following elective requirements at proposed site additional points. The data is divided into Construction Waste Management, Materials Reuse, Rapidly Renewable Materials, Waste Diversion/Reduction and Refuse Disposal Equipment. 9.3.5 Indoor Environment Quality. The applicant shall provide a mandatory compliance to minimize exposure of the building occupants, indoor surfaces or finishes, and ventilation air distributions systems to Environmental Tobacco Smoke (ETS). The applicant may submit in addition to the mandatory requirement any, several or all of the following elective requirements at proposed site for additional points. The data is divided into Indoor Air Quality (IAQ) Performance, Construction IAQ Management Plan, Low Volatile Organic Compounds Emitted Materials and Refrigerant Management. 9.3.6 Sewage Treatment Plant. The applicants of building project for new construction or retrofitting of existing building shall install, maintain and operate sewage treatment. The process of certification shall begin with the initial preparation and planning and throughout the lifespan of the facility or structure.
IRR-13
SECTION 10 EXEMPTIONS
The requirements of the provisions of the IRR may be waived in favor of the properties, facilities or structures, provided, the exemption shall not be used to circumvent any safety, health or environmental requirements. 10.1 The Local Building Official may exempt the certification of a building project in accordance with Item 4.2.3 if it is deemed that the cost of compliance sufficiently exceeds the life-cycle cost savings. 10.1.1 The life cycle cost of a building project with a service life may be defined as "the total cost of ownership of the item over the service life of the item. 10.1.1.1 Included in the life cycle cost would be the original manufacturing or construction cost, maintenance and repair costs over the service life, operational costs, replacement cost, cost of money, and any salvage value the item may have. 10.1.1.2. The evaluation analysis of a building or buildings uses life cycle costing to evaluate the various alternatives considered in selecting the rating. 10.1.1.3 The principles of engineering economy are readily applied to this selection process as a method of expressing all of the total ownership costs on an equal basis of comparison. To make these comparisons all costs must be equated on an annual cost basis or on a present worth basis. Engineering economics does this through mathematical equations that recognize the time value of money. 10.1.1.4 It shall be the sole responsibility of the applicant to select for the greenest features of the building. The applicant, whose building project is given exemption, shall follow the provisions of Section 9, and comply with the QCBRS to the maximum extent possible such that the cost of compliance does not sufficiently exceed the building's life-cycle cost savings. Where the plans of any building works or proposed building works have been approved by the Local Building Official to depart or deviate from the approved plans, the architect or professional engineer shall ensure that the building works (with such departure and deviation) are still designed with physical features or amenities, and may be carried out using methods and materials, so that the total score is not less than the minimum Green Point score applicable to those building works.
IRR-14
12.2
Occupancy
% of Water Discharge
41pax/7 m2 1pax/5 m2
12.3
At least forty percent (40%) of the total floor area shall be allocated for effluent discharge.
IRR-15 Final Draft
13.2
13.3
13.4
13.5
13.6
13.7
IRR-16
14.2
14.3
14.4
Factor = 15, 20 or 25%, Depending on the Green Point score (see Annex C) 15.1.1 Green Whole-Building Credit Component - The whole-green building component shall be available to a taxpayer for either the construction of a green building or the rehabilitation of a building, which is not a whole green building, into a green building. The whole greenbuilding component may not be allowed for any taxable year unless all the requirements under Section 9 are met, and the whole building is certified by the Local Building Official: Provided, however, that in no case shall the credit be more than twenty-five percent (25%) of the total amount of Real Property Tax on Improvement/Structure due for the same taxable year, under the provisions of Ordinance No. SP-91, S-1993, as amended. For the Green Whole Building, such credit component shall not exceed the maximum amount specified in the Preliminary Certificate issued pursuant to Section 5. Provided, that the credit may be availed of only once within the five (5) years duration within which to avail of the credit provided for under this Ordinance.
15.2
SECTION 16 RESTRICTIONS
The Green Building Tax Credit may not be allowed for any taxable year unless all of the following are met. 16.1 The whole building has achieved the desired rating under the minimum standards, rules and regulations, as prescribed by the Environmental Protection and Waste management Department, the City Planning development Office and the Local Building Official: Provided, however, that rating standards to be used in the grant of the Green Building tax Credit shall not be limited to the amount of floor space or the square footage of the building; The taxpayer has obtained and filed a preliminary certificate issued pursuant to Section 5 of this Ordinance; 16.2.1 The building is actually in service, as shown by a Certificate of Occupancy; 16.2.2 For Green Whole Building eligible to receive credit in Section 15, once construction is complete and an occupancy certificate is received, such credit component amount shall be allowed only for a non-extendible period of three (3) succeeding taxable years provided the taxpayer obtains a final certificate that meets all the requirements in Section 7. 16.2.2.1 Preliminary tax credit shall take effect within the maximum three (3) years construction period and shall include prescribed coverage and the total maximum credit allowed.
IRR-18 Final Draft
16.2
Application of tax credit shall be after the final completion of the project for only once within the two (2) remaining years as stated in the Ordinance. 16.2.3 The taxpayer shall file the eligibility certificate and the preliminary credit component certificate, with the claim for credit. Allowable costs under this Section and for the number of years that the credit is made available shall not exceed, in the aggregate, the amount determined pursuant to Section 14 of IRR-1.
IRR-19
SECTION 18 APPLICABILITY OF EXISTING MINIMUM STANDARDS, PROHIBITED ACTS AND PENAL PROVISIONS
The minimum standards as itemized in Annex G and provided under Republic Act Nos. 8749 (Clean Air Act of 1999), 9275 (Clean Water Act of 2004), 9003 (Ecological Solid Waste Management Act of 2000) and 9211 (Tobacco Regulation Act of 2003) and other legal issuances, administrative directives or orders, policies, implementing rules and regulations issued by the Department of Environment and Natural Resources, Environmental Management Bureau, Laguna Lake Development Authority, National Solid Waste Management Commission, UNDP-Department of Energy Manual of Practice on Efficient Lighting, Philippine Electrical Code, DOLE Occupational Safety and Health Standards, National Plumbing Code, shall serve as
QC - IRR-1 Green Building Infrastructure Final Draft IRR-20
the basis for the implementation of the policies and directives under this IRR especially on the treatment, handling, disposal and reduction of waste water and solid waste, whether of domestic, bulk or commercial volume. The minimum requirements of the Green Roof under Section 9 shall be referred to QC Ordinance No. SP-1940 Series of 2009 (See Annex H, ORDINANCE REQUIRING ALL NEW BUILDING AND HOUSING
CONSTRUCTION TO PLANT AND MAINTAIN VEGETATION IN THEIR ROOFTOPS).
21.2
21.3
21.4