CHAPTER 310
SUSTAINABLE DESIGN STANDARDS
661—310.1(103A) Scope and purpose.
	310.1(1) Scope. The standards established in this chapter apply to building construction projects in Iowa and are based upon state or federal statutory requirements; administrative rules adopted by state agencies that own, manage, regulate, or finance building construction projects; or federal regulations.
	310.1(2) Purpose. The purpose of the standards and requirements included in this chapter is to promote sustainable design in building construction, which is defined as construction that meets current needs while not compromising the needs of future generations. Sustainable design standards are intended to minimize the adverse environmental impacts of construction and the built environment.
[ARC 7773B, IAB 5/20/09, effective 7/1/09]
661—310.2(103A) Definitions. The following definitions apply to rules 661—310.1(103A) through 661—310.6(103A):
“Commercial” means a building construction project that is not residential.
“Commissioner” means the building code commissioner.
“Residential” means a building construction project that involves a building or buildings, each of which is a detached one- or two-family dwelling or which consists of townhouses not more than three stories above grade in height with a separate means of egress to the exterior of the building for each dwelling unit and consisting entirely of dwelling units and their accessory structures.
[ARC 7773B, IAB 5/20/09, effective 7/1/09]
661—310.3(103A) Submission of projects.
	310.3(1) Approval of building code commissioner required. Approval of a construction project as sustainably designed pursuant to these rules may be granted only by the building code commissioner. All requests for approval of a project as sustainably designed must be submitted to the Building Code Bureau, Fire Marshal Division, Iowa Department of Public Safety, 215 East 7th Street, Des Moines, Iowa 50319.
	310.3(2) Building code approval required. No building construction project shall be approved as a sustainably designed project pursuant to these rules unless construction plans for the project have been approved by the building code commissioner as meeting the state building code or by a local building department as meeting the applicable local building code.
	310.3(3) Projects subject to state building code. If approval as a sustainably designed project is requested for a project that is otherwise subject to the state building code, the submission materials required by 661—Chapter 300 shall include a statement that approval for the project as sustainably designed is being requested.
	310.3(4) Projects subject to local building codes. If approval from the building code commissioner is sought for a project that is subject to a local building code and code enforcement, construction plans shall be submitted to the building code bureau as provided in 661—Chapter 300, with a cover letter stating that approval of the project as a sustainably designed project is being requested and that the project has been submitted for review to the local building department. Evidence of approval of the construction plans by the local building department shall be submitted to the building code bureau prior to issuance of the commissioner's approval of the project as a sustainably designed project.
	310.3(5) Projects not otherwise subject to state or local building codes. If approval as a sustainably designed project is sought for a building construction project that is otherwise not subject to the state building code or a local building code, construction plans for the project shall be submitted to the building code bureau and the project shall be subject to the state building code and to procedures and fees for review of construction plans and inspections as provided in 661—Chapter 300. The cover letter transmitted with the plans shall state that approval as a sustainably designed project is being requested and that the project is not subject to a local building code enforced by a local jurisdiction.
	310.3(6) Application form. A completed application form prescribed by the commissioner shall be included with the submission of the construction plans for review of any project for which approval as a sustainably designed project is requested.
[ARC 7773B, IAB 5/20/09, effective 7/1/09]
661—310.4(103A) Sustainable design criteria for residential projects. A residential building construction project shall be approved as sustainably designed if it meets any of the following requirements:
	310.4(1) Satisfaction of all of the mandatory criteria of the Iowa green streets criteria described in the publication Iowa Green Streets Criteria, published by the Iowa department of economic development, community development division; or
	310.4(2) Compliance with ICC 700-2008, National Green Building Standard, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001, at the bronze level; or
	310.4(3) Satisfaction of any alternative set of criteria submitted in advance to the commissioner and approved by the commissioner as equivalent to the requirements of either subrule 310.4(1) or 310.4(2).
[ARC 7773B, IAB 5/20/09, effective 7/1/09]
661—310.5(103A) Sustainable design criteria for commercial projects. A commercial building construction project shall be approved as sustainably designed if it meets the following applicable requirements:
	310.5(1) If approval as a sustainably designed project is being sought in order to qualify for a tax credit or tax refund, the project shall be approved as sustainably designed if the building receives certification from the United States Green Building Council at the gold level or better in the Leadership in Energy and Environmental Design (LEED) Green Building Rating System, version 3.0; and if the building complies with the requirements of ASHRAE 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle, NE, Atlanta, GA 30329.
Exception: If a good-faith effort has been made to obtain certification at the gold level or above in the LEED Green Building Rating System, version 3.0, and certification at the gold level has not been obtained, but certification at the silver level has been obtained, application may nonetheless be made to the building code commissioner for approval as a sustainably designed project. The commissioner may approve the project as sustainably designed provided that the building is fully in compliance with ASHRAE 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle, NE, Atlanta, GA 30329, and demonstration is made to the satisfaction of the building code commissioner that a good-faith effort to achieve certification at the gold level was made and that the project demonstrates an emphasis on energy conservation.
	310.5(2) If approval as a sustainably designed project is being sought other than for the purpose of obtaining a tax credit or tax refund, the project shall be approved as sustainably designed if the building receives certification from the United States Green Building Council at the silver level or better in the LEED Green Building Rating System, version 3.0; and if the building complies with the requirements of ASHRAE 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle, NE, Atlanta, GA 30329.
Exception: If a good-faith effort has been made to obtain certification at the silver level or above in the LEED Green Building Rating System, version 3.0, and certification at the silver level or above has not been obtained, but certification has been obtained, application may nonetheless be made to the building code commissioner for approval as a sustainably designed project. The commissioner may approve the project as sustainably designed provided that the building is fully in compliance with ASHRAE 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle, NE, Atlanta, GA 30329, and demonstration is made to the satisfaction of the building code commissioner that a good-faith effort to achieve certification at the silver level was made and that the project demonstrates an emphasis on energy conservation.
	310.5(3) If the project includes only the following commercial structures, the project shall be approved as sustainably designed if it satisfies all of the mandatory criteria of the Iowa green streets criteria:
	a. 	Day care centers.
	b. 	Vocational rehabilitation centers.
	c. 	Community centers.
	d. 	Senior centers.
Exception: Application may be made to the building code commissioner to accept satisfaction of all of the mandatory criteria of the Iowa green streets criteria, published by the Iowa department of economic development, community development division, as the basis for approval of other commercial projects as sustainably designed. Such submission should be limited to smaller commercial projects, and approval as a sustainably designed project is at the discretion of the building code commissioner, who shall award such approval only if the building code commissioner is convinced that the Iowa green streets criteria are applicable to the project. Written approval for use of the Iowa green streets criteria pursuant to this exception shall be sought and obtained prior to submission of an application for approval as a sustainably designed project.
	310.5(4) If a project involves the construction of a building or a portion of a building intended to host a data center or operations of a web portal business, it shall be approved as sustainably designed if the project receives certification from the United States Green Building Council in the Leadership in Energy and Environmental Design (LEED) Green Building Rating System, version 3.0, and complies with the requirements of ASHRAE 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle, NE, Atlanta, GA 30329.
Exception: If a good-faith effort has been made to obtain certification in the LEED Green Building Rating System, version 3.0, and certification has not been obtained, application may nonetheless be made to the building code commissioner for approval as a sustainably designed project. The commissioner may approve the project as sustainably designed provided that:
	1.	The project is in full compliance with ASHRAE 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle, NE, Atlanta, GA 30329, and
	2.	Demonstration is made to the satisfaction of the building code commissioner that a good-faith effort to achieve certification was made and that the project demonstrates an emphasis on energy conservation.
	310.5(5) The building satisfies any alternative set of criteria submitted in advance to the commissioner and approved by the commissioner as equivalent to the requirements set forth in subrule 310.5(1) or 310.5(2), as applicable.
[ARC 7773B, IAB 5/20/09, effective 7/1/09; ARC 8441B, IAB 1/13/10, effective 1/1/10]
661—310.6(103A) Fees.
	310.6(1) Projects subject to the state building code. For any project for which approval as a sustainably designed project is requested from the commissioner and which is otherwise subject to the state building code, the additional fee for review for compliance with sustainable design standards shall be $100, which shall be paid prior to review of the application.
	310.6(2) Projects subject to local building codes and code enforcement. For any project approved by a local building department as compliant with the local building code and for which approval as a sustainably designed project is requested, a fee of $250 shall apply and shall be paid prior to the commissioner’s review of the application for approval as a sustainably designed project.
	310.6(3) Projects not otherwise subject to a building code. For any project for which approval as a sustainably designed project is requested and which is not otherwise subject to a building code, the plan review fee shall be the same as the plan review fee for the project established in 661—subrule 300.4(2). An additional fee of $100 for review for compliance with the requirements set forth in this chapter shall apply and shall be paid prior to review of the plan.
[ARC 7773B, IAB 5/20/09, effective 7/1/09]
These rules are intended to implement Iowa Code section 103A.8B.
[Filed ARC 7773B (Notice ARC 7657B, IAB 3/25/09), IAB 5/20/09, effective 7/1/09]
[Filed Emergency ARC 8441B, IAB 1/13/10, effective 1/1/10]