ORDINANCE NO. BL2008-217

ORDINANCE NO. BL2008-217

An ordinance amending Chapter 16.36 of the Metropolitan Code to establish a “Green Permit” for sustainable design development.

WHEREAS, development and construction practices are significant contributors to the depletion of natural resources and a major cause of air and water pollution, solid waste, deforestation, toxic wastes, health hazards, and global warming; and

WHEREAS, buildings use one-quarter of all the world's wood harvest, consume two-fifths of all material and energy flows, and account for more that one-third of U.S. CO2 emissions; and

WHEREAS, sustainable buildings are cost effective and make good business sense according to a recent study by the GSA that analyzed data from certified green building; and

WHEREAS, sustainable buildings can boost employee productivity by 15%, provide stronger employee attraction and retention, and result in fewer illnesses and lower absenteeism, which reduces healthcare costs; and

WHEREAS, on February 11, 2008, the Metropolitan Council adopted Resolution No. RS2008-156 requesting the Vice Mayor to appoint a Green Permit Task Force to make recommendations to the Council regarding the appropriate sustainable building protocol for the Department of Codes Administration to use in recognizing facilities in Nashville as being “Green”; and

WHEREAS, on April 17, 2008, the Green Permit Task Force recommended that “green permits” be issued to builders/developers who comply with particular protocols for sustainable design; and

WHEREAS, the Metropolitan Council deems it appropriate to establish a Green Permit for sustainable design developments in Nashville and Davidson County.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Chapter 16.36 of the Metropolitan Code is hereby amended by adding the following new Section 16.36.050:

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Mike Jameson

Amendment No. 1
To
Ordinance No. BL2008-217

Madam President:

I move to amend Ordinance No. BL2008-217 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

Section 1. Chapter 16.36 of the Metropolitan Code is hereby amended by adding the following new Section 16.36.050:

16.36.050 Green permits for sustainable design.

A. In addition to the certificate for occupancy required pursuant to this chapter, the department of codes administration shall issue a “green permit” to any building meeting the sustainable design protocol as provided in this section.
B. Developers seeking to obtain a green permit shall notify the department of codes administration of their intent in writing and provide proof of green building permit registration at the time they apply for a building permit pursuant to Chapter 16.28 of the metropolitan code.
C. Upon completion of the building, the department of codes administration shall issue a green certificate of occupancy provided the following conditions have been satisfied:
1. For a residential development, the applicant shall provide proof of certification from one of the following sustainable design protocols:
a. The U.S. Green Building Council’s LEED certification program
b. The “EarthCraft House” green building program.
2. For a commercial development, the applicant shall provide proof of certification from the U.S. Green Building Council’s LEED certification program, and shall provide proof of compliance with the U.S. Green Building Council’s water conservation qualifier, requiring that the building reduce potable water consumption by twenty percent (20%).
D. In the event a temporary use and occupancy permit is issued pending completion of the green building certification for the project, and such green building certification is not obtained within one year from the date the temporary use and occupancy permit is issued, the department of codes administration shall issue a permanent use and occupancy permit provided the requirements of section 16.3.020 are satisfied. Once the project finally obtains its green building certification, the department of codes administration issue a green certificate of occupancy, as well.
E. The department of codes administration is authorized to develop and implement additional green building certification programs subject to approval of the council by resolution receiving twenty-one (21) affirmative votes.

LEGISLATIVE HISTORY
Introduced:	May 6, 2008
Passed First Reading:	May 6, 2008
Referred to:	Codes Committee
Amended: (No. 1)	May 20, 2008
Passed Second Reading:	May 20, 2008
Amended: (No. 2)	June 3, 2008
Passed Third Reading:	June 3, 2008
Approved:	June 5, 2008
By: