Cx Codes Compliance Darren Draper Epsten Group

Cx & Codes Compliance Darren Draper, Epsten Group & Jim Magee, Facility Cx Group 21 st National Conference on Building Commissioning

AIA QUALITY ASSURANCE The Building Commissioning Association is a Registered Provider with The American Institute of Architects Continuing Education Systems (AIA/CES). Credit(s) earned on completion of this program will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request. This program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation. 21 st NCBC Conference

PRESENTATION DESCRIPTION Ig. CC adoption into prevailing building codes creates Authority Having Jurisdiction (AHJ) enforcement and implementation requirements for commissioning services providers, including accreditation and liabilities not currently associated with typical commissioning services. 21 st NCBC Conference

LEARNING OBJECTIVES At the end of this session, participants will be able to: 1. Apply International Green Construction Code (Ig. CC) to Commissioning (Cx) and Cx contract considerations. 2. Understand International Code Council (ICC) and International Accreditation Services (IAS) participation in Ig. CC and other codes pertaining to Cx. 3. Read ACR 476 open letter dated April 5, 2013 requesting review and response by May 22, 2013 concerning Presentation on Development of Accreditation Criteria for Organizations Training and/or Certifying Individuals Involved in Commissioning, Subject MISC 3 -0613 -R 1 (PB/CPR). 21 st NCBC Conference

INTERNATIONAL ACCREDITATION SERVICE, INC. 5360 WORKMAN MILL ROAD ⋅ WHITTIER, CA 90601 USA 562 -364 -8201 LOCAL ⋅ 866 -427 -4422 TOLL FREE ⋅ 562 -699 -8031 FAX WWW. IASONLINE. ORG WEB SITE ⋅ APRIL 5, 2013 TO: TRAINING AGENCIES, PERSONNEL CERTIFICATION BODIES, BUILDING DEPARTMENTS AND OTHER INTERESTED PARTIES SUBJECT: PRESENTATION ON DEVELOPMENT OF ACCREDITATION CRITERIA FOR ORGANIZATIONS TRAINING AND/OR CERTIFYING INDIVIDUALS INVOLVED IN COMMISSIONING, SUBJECT MISC 30613 -R 1 (PB/CPR) 21 st NCBC Conference

AGENDA 1. 2. 3. 4. 5. 6. 7. International Code Council (ICC) International Green Construction Code (Ig. CC) ICC Commissioning Guideline IAS and ACR 476 ASHRAE STANDARD 202/ASHRAE BPA ISO 17024 DCRA 1 st Annual Green Symposium 21 st NCBC Conference

• Member focused association • Develop model codes and standards • Minimum safeguards to protect people • Safe, resilient, affordable structures • One set of codes without regional limitations 21 st NCBC Conference

ICC I-CODES • International Codes: I-Codes • 50 State including the DC have adopted at state or jurisdictional level • Fed agencies: Architect of the Capitol, GSA, NPS, Dept. of State, USFS, VA, Do. D, Amtrak • Puerto Rico and Virgin Islands 21 st NCBC Conference

ICC CREATION • ICC founded in 1994 • Building Officials Code Administrators International (BOCA) • International Conference of Building Officials (ICBO) • Southern Building Code Congress International (SBCCI) • Merger to a single set of codes 21 st NCBC Conference

ICC – CODE DEVELOPMENT • Any group or individual can submit a code change proposal • Open debate/participation before a committee • Representatives from across the construction industry, including code regulators • Ensures a consensus process of construction community in decision-making 21 st NCBC Conference

IGCC–INTERNATIONAL GREEN CONSTRUCTION CODE • • 1 st model code to include sustainability measures Design – Construction – C. O. – Post-Occupancy More efficient, reduce waste, positive impact Collaborated with • American Institute of Architects (AIA) • ASTM International • ASHRAE • USGBC • Illuminating Engineering Society (IES) 21 st NCBC Conference

IGCC • Model-Code Approach - communities tailor to meet local needs • Note: 189. 1 is jurisdictional compliance option, however Cx is mandatory regardless of compliance route chosen • 611. 1. 1 - Registered design professional OR approved agency • Approved Agency – An established and recognized agency regularly engaged in conducting tests or furnishing inspection services or commissioning services, where such agency has been approved (approved = acceptable to code official) 21 st NCBC Conference

IGCC • 902. 1. 1 Commissioning professional is required to be “competent and independent” from contractor performing the work • Code states that IAS Accreditation ensures code official of the commissioning professional’s competence and independence 21 st NCBC Conference

IGCC • 611. 1. 4 Preliminary Cx report shall be certified (signed and sealed) and final inspection not allowed until building owner has received Preliminary Cx report and confirmed as such to the code official. Otherwise building will not get a Certificate of Occupancy • Table 903. 1 – Checklist of Cx requirements from Erosion Control to Air Balancing, and reads that all 60+ items in Cx Report 21 st NCBC Conference

IGCC A Few Regulated Environment Cx Implications: • Could be a much larger role and fee in the project depending on jurisdiction • Brings commissioning authority much closer to the local AHJs • Code enforcement can be expected of the commissioning authority 21 st NCBC Conference

IGCC • Significant legal implications - exposure to poor performance • Cx Standard of Care - legal ramifications could follow if the Standard of Care is not met • Cx. A will be either a registered design professional or a credentialed commissioning authority (more on this later) • Code enforcement can be expected of the commissioning authority 21 st NCBC Conference

SUMMARY OF IGCC CX IMPLICATIONS GOOD BAD UGLY More systems and services provided, higher fees More risk, professionally and legally Cx taking place of the AHJ and therefore assuming far more responsibility More impact on design/construction decisions Higher insurance coverage and premiums Actively involved after building turnover in recommissioning More stringent requirements for certification and registration Cx Provider could be accountable for collecting all documentation deemed a Cx item (i. e. field report for inspection of soils) Movement toward unified expectation of Cx professionals Competitive advantage Only required to be for large firms with all independent of specialties in house contractor, not independent of design team 21 st NCBC Conference

IGCC • Per April 5, 2013 IAS Letter, “Ig. CC establishes requirements for certain buildings to be commissioned. ” 21 st NCBC Conference

IGCC • “As adoption of the Ig. CC and other green codes advances, the responsibility for enforcing commissioning shifts to the authority having jurisdiction. ” • “Regulators, therefore, need a process to ensure that commissioning agents/agencies comply as Approved Agencies as defined in Section 902. 1 of the Ig. CC. ” ACG 9 TH ANNUAL CONFERENCE ON TOTAL BUILDING COMMISSIONING April 18, 2013 19

ICC G 4 -2012: GUIDELINE FOR COMMISSIONING Purpose • Guidance for Code Officials or Regulators Purpose • Competently enforce Cx in-house or 3 rd party Scope Intent • Does not specify aspects of Cx Process • Deals only with Implementation & Enforcement • Not code/ AHJ adoptable in whole or part 21 st NCBC Conference

ICC G 4 -2012: GUIDELINE FOR COMMISSIONING History • Ig. CC – International Green Construction Code Vision • Written to support other codes & standards License • IAS – International Accreditation Services License • Accreditation Committee Qualified • IAS establishing Cx qualification criteria 21 st NCBC Conference

ICC COMMISSIONING GUIDELINE • Compliance language • Enforcement at discretion of local code official • Evaluation criteria for Cx of each system type located in Section 5. 0 • Guideline specifically for overview of skillsets and process for code implementation/enforcement • Can adopted in whole or in part by AHJ • Similar implications as outlined for Ig. CC (Ie. CC) 21 st NCBC Conference

ICC COMMISSIONING GUIDELINE Per April 5, 2013 IAS Letter: “To aid code officials in enforcing commissioning, the International Code Council (ICC) has published a Commissioning Guideline (ICC G 4 -2012). However, this guideline does not specify what is required when approving and accepting a commissioning agent/agency. ” 21 st NCBC Conference

IAS – INTERNATIONAL ACCREDITATION SERVICES • IAS is a nonprofit, public-benefit corporation that has been providing accreditation services since 1975. It is a subsidiary of the International Code Council (ICC). • IAS accredits a wide range of companies and organizations including governmental entities, commercial businesses, and professional associations. 21 st NCBC Conference

ACCREDITATION/CERTIFICATION ICC tasks IAS with creating an accreditation for Cx certification companies. 21 st NCBC Conference

IAS CREATES AC 476 • AC 476 - Establish criteria for obtaining and maintaining accreditation for commissioning training and certification organizations. • Organizations must provide training in the following: • Cx process • Codes, standards, guidelines • Systems, equipment, components and verification of their performance 21 st NCBC Conference

IAS AND AC 476 • Personnel certification shall certify that: • Individual has thorough knowledge of Cx process • Knowledge of codes, standards, guidelines • Ability to verify system performance • Met their minimum requirements for education, work skills and experience • And comply with ISO 17024 21 st NCBC Conference

IAS AND AC 476 • Commissioning professional defined in two ways: • Commissioning Provider of Record – Approved by AHJ to be responsible for building commissioning process • Commissioning Specialist (twelve categories from HVAC to Irrigation) – Certified party working under the Cx Provider of Record for specific technical area Cx. POR Cx. S (HVAC) Cx. S (Lighting) Cx. S (Water) Cx. S (Enclosure) (Site) etc 21 st NCBC Conference

IAS AND AC 476 • AC 476 defines options for educations requirements, work experience and examination (currently in Section 5. 2 of the version available for public comment) • Two tables to distinguish between certification criteria for Cx Provider of Record and Cx Specialists • ISO 17024 – objective is achieving and promoting accepted benchmark for organizations operating certifications of persons • Could be applied to organizations for anything from commissioning to IT and more 21 st NCBC Conference

IAS AND AC 476 • Could be applied to organizations for anything from commissioning to IT and more • By AC 476, certification bodies will be required to be ISO 17024 certified which involves an initial certification and then annual audit and renewal • ISO 17024 certification requires: • Fairness among potential candidates • Policies for granting, maintaining, renewing and expending the certification • Organization must be INDEPENDENT and IMPARTIAL in relation to applicants 21 st NCBC Conference

AGENT VERSUS AUTHORITY • Important to know and understand the legal differences • Authority – Individual cited as or appealed to as an expert (Webster’s) • Agent – One who is authorized for or in place of another (Webster’s) • What this means is that an agent does not work for the client but actually becomes the client. So the Cx. A would actually become the Owner in this instance contractually. This is not how commissioning contracts are typically written. 21 st NCBC Conference

AGENT VERSUS AUTHORITY • Essentially all of the Cx bodies providing certification of commissioning professionals have recognized the title of Authority or interchanges between Authority and other titles (i. e. Provider), but most do not call the professional a Commissioning Agent • Finally, Ig. CC identifies Approved Agency in lieu of Authority or Agent • Thanks to Jerry Kettler for his report on commissioning professional terms which was used to create this slide 21 st NCBC Conference

REGULATORY STEPS TO THE PRESENT SITUATION: ICC • Code Creator Ig. CC • Code ICC Cx Guide • Process IAS • Cx Provider Approval AC 476 TAC 21 st NCBC Conference

INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) • World’s largest developer of voluntary International Standards [that] give state of the art specifications for products, services and good practice, helping to make industry more efficient and effective. Developed through global consensus, they help to break down barriers to international trade. • ISO develops International Standards. We were founded in 1947, and since then have published more than 19, 500 International Standards covering almost all aspects of technology and business. From food safety to computers, and agriculture to healthcare, ISO International Standards impact all our lives. 21 st NCBC Conference

ISO 17024 • Define competencies (what is being examined) 17024 • Determine qualifying knowledge, skill and personal attributes 17024 • Establish certification independence • Validate certification process and examination • Competency is typically described as “the demonstrated ability to apply knowledge, skills and attributes” 21 st NCBC Conference

ASHRAE STANDARD 202 Title Purpose Source History Goal • Commissioning Process for Buildings and Systems • Identifies minimum acceptable Cx process • Based on ASHRAE Guideline 0 -2005: The Cx Process • Best Practices started with ASHRAE Guideline 1 -1989 • For adoption/use by code bodies & standards writers 21 st NCBC Conference

ASHRAE STANDARD 202 Benefit Benefit • Building Industry follows owner’s quality assurance process • Achieve, verify & document performance • Owner’s Project Requirements serve as pass/fail criteria • Applies broadly to buildings, systems and assemblies • Project Team as a whole & members individually accountable

• ASHRAE BUILDING PERFORMANCE ALLIANCE (BPA) BPA BPA BPA • Industry consensus • Road map for understanding commissioning service • Lay ground work for future collaborative efforts • Determine path for future guidelines/standards • Existing Building Commissioning 21 st NCBC Conference

DCRA 1 ST ANNUAL GREEN SYMPOSIUM Summary of Services DCRA is responsible for regulating construction and business activity in the District of Columbia. The agency operates a consolidated permit intake center and reviews all construction documents to ensure compliance with building codes and zoning regulations. 21 st NCBC Conference

DCRA 1 ST ANNUAL GREEN SYMPOSIUM • District of Columbia • Department of Consumer and Regulatory Affairs • The mission of the Department of Consumer and Regulatory Affairs (DCRA) is to protect the health, safety, economic interests and quality of life of residents, businesses and visitors in the District of Columbia by ensuring code compliance and regulating business. 21 st NCBC Conference

DCRA 1 ST ANNUAL GREEN SYMPOSIUM DCRA GBS&E Cx Action • Department of Consumer & Regulatory Affairs • Green Building Symposium and Expo, 9/14/12 • Gallaudet University Kellogg Conference Center • Presentation on behalf of ACG & promoted BCA • Implementation & Enforcement criteria 21 st NCBC Conference

DCRA 1 ST ANNUAL GREEN SYMPOSIUM Law Forum Standar d LEED Code • DC Green Building Act 2006 • Current information on Green Buildings • Green Building Standards for private sector • 200 LEED Certified & 600 Ongoing • Green Construction mandatory like fire code, etc. 21 st NCBC Conference

DCRA 1 ST ANNUAL GREEN SYMPOSIUM Code • DC currently 2006 ICC Codes CCCB • Construction Codes Coordination Board ’ 12 ICC • Review 2012 ICC Codes for Council • DC Council to take up codes March 2013 Outrea ch • Outreach to industry for tools & support 21 st NCBC Conference

Sample Ig. CC Code Mandated Commissioning Test 606. 1. 2. 2 Testing requirement. The building envelope air tightness shall be considered to be acceptable where the tested air leakage is less than 0. 25 cfm/ft 2 (4. 57 m 3/hr/m 2) when tested at a pressure of. 30 in w. c. (75 Pa). Testing shall occur after rough in and after installation of penetrations of the building envelope, including penetrations for utilities, HVAC, plumbing, and electrical equipment and appliances. Testing shall be done in accordance with ASTM E 779. 21 st NCBC Conference

IAS APRIL 5, 2013 • Commissioning, as defined by the Ig. CC: “Commissioning verifies that building staff are prepared and able to operate and maintain the building’s systems. ” 21 st NCBC Conference

IAS APRIL 5, 2013 • “You are cordially invited to submit written comments, or to attend the committee hearing and present verbal comments. • Written comments will be forwarded to the committee, prior to the hearing, if received by May 15, 2013. ” • Link to AC-476: http: //www. iasonline. org/Accreditation_Criteria/1306 pre/MISC 3 -0613. pdf 21 st NCBC Conference

THANK YOU Darren Draper Jim Magee