D.C. Mun. Regs. tit. 20, r. 20-3511

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 20-3511 - EXEMPTIONS FROM GREEN BUILDING ACT REQUIREMENTS

3511.1

The Director of the Department of Energy and Environment (DOEE) may, on a case by case basis, grant an exemption from any requirement of the Act upon a showing of good cause by the applicant.

3511.2

Good cause for granting an exemption under subsection 3511.1 means one of the following:

(a) Substantial evidence of a practical infeasibility or hardship in meeting a required green building standard;

(b) A determination that the public interest would not be served if the applicant had to comply with the requirement;

(c) LEED certification is not available for the building type that is subject to the Act's requirements; or

(d) The building subject to the Act's requirements is unoccupied.

3511.3

An applicant may also seek an exemption from the Act if the applicant is building a temporary building.

3511.4

The burden shall be on the applicant to show circumstances to establish hardship or infeasibility under this section. Each applicant requesting an exemption under subsections 3511.2 or 3511.3 shall submit to the Director:

(a) A description of public benefits proposed that are not otherwise required by any applicable law or regulation; and

(b) Any other information required by the Director.

3511.5

An applicant seeking an exemption because the building that is the subject of the application is planned as a temporary building, shall submit the following information to the Director, in addition to the information submitted pursuant to subsection 3511.4:

(a) Documentation that the building will in fact be temporary;

(b) An explanation of the need for the building; and

(c) Any other information requested by the Director.

3511.6

Any applicant granted an exemption for a temporary building shall recycle as many building components as feasible when it is deconstructed.

3511.7

Except for an application for an exemption from energy performance benchmarking requirements, an application for exemption under this section shall be submitted through DOEE to the Green Building Advisory Council (GBAC) for comments and recommendations.

3511.8

GBAC's comments and recommendations shall be provided to DDOE within 30 days of the date of submission.

D.C. Mun. Regs. tit. 20, r. 20-3511

Final Rulemaking published at 55 DCR 11318 (October 31, 2008); amended by Final Rulemaking published at 68 DCR 11077 (10/22/2021)