USE OF LEED STANDARDS IN CITY FUNDED CONSTRUCTION

Salt Lake City Code tit. 18, div. III, ch. 18.95

in effect

Salt Lake City Code § 18.95.010 PURPOSE

18.95.010: PURPOSE: The purpose of this chapter is to promote development consistent with sound environmental practices by requiring, subject to Sections 18.95.040, 18.95.050, and 18.95.120 of this chapter, that applicable building projects constructed with city construction funds obtain, at a minimum: a) "silver" for city owned and operated buildings, or b) "certified" for private building projects that receive city funds. These designations shall be from the "USGBC" as defined herein. (Ord. 91- 24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.020 DEFINITIONS

18.95.020: DEFINITIONS: As used in this chapter: APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial, multi-family residential, or municipal building that will contain more than 10,000 square feet of occupied space when the design contract for such project commences on or after November 17, 2006. CERTIFIED: The level of compliance with the leadership in energy and environmental design (LEED) standards designated as "certified" by the United States Green Building Council (USGBC). CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to Subsection 3.24.040A or that employee's designee pursuant to Section 3.24.050. CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the city council for use by any person or city department in order to construct an applicable building project, including, without limitation, loans, grants, and tax rebates. However, this term shall not apply to the funds of the library or redevelopment agency. CITY ENGINEER: The city employee designated pursuant to Section 2.08.080 of this code or that employee's designee pursuant to Section 3.24.050. LEED STANDARD: The leadership in energy and environmental design (LEED) green building rating system for new construction and major renovations (LEED-NC) as adopted in November 2002 and revised in November 2005, the LEED green building rating system for commercial interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October 2004 and updated in July 2005. MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it with new walls, ceilings, floors and systems, when such work affects more than 25% of the building's square footage, and the affected space is at least 10,000 square feet or larger. SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC. SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further described in Section 18.95.110. TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for 5 years or less or any existing building that at the time it was constructed was intended to be in existence for 5 years or less. USGBC: The organization known as the United States green building council. (Ord. 91-24, 2024: Ord. 31-21, 2021: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.030 APPLICATION

18.95.030: APPLICATION: Whenever city construction funds are used for an applicable building project, such project shall at a minimum obtain a silver certification by the USGBC in the case of a city owned building project or certified certification in the case of all other projects, subject to the exceptions, waivers, and determinations of substantial compliance provided for in this chapter. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.040 EXCEPTIONS

18.95.040: EXCEPTIONS: The provisions of this chapter shall not apply if the building official and either the chief procurement officer or the city engineer jointly determine in writing that any of the following circumstances exist: A. The applicable building project will serve a specialized, limited function, such as a pump station, garage, storage building, equipment area, or other similar area, or a single- family residence; B. The applicable building project is intended to be a temporary structure; C. The useful life of the applicable building project does not justify whatever additional expense would be incurred to increase the building's long term efficiency; D. The application of LEED standard factors will increase construction costs beyond the funding capacity for the project, or will require that the project's scope of work or programmatic needs be diminished to meet budget constraints; E. The use of LEED standard factors will create an impediment to construction due to conflicts of laws, building code requirements, federal or state grant funding requirements, or other similar requirements; F. LEED factors are not reasonably attainable due to the nature of the facilities or the schedule for construction; or G. LEED certification will violate any other federal, state or local law, including, without limitation, other sections of this code. If an exception is granted, the developer must agree to integrate green building practices into the design and construction of the project to the maximum extent possible and feasible. A determination that an exception does not apply may be appealed in accordance with Chapter 18.12. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.050 WAIVERS

18.95.050: WAIVERS: The denial of an exception pursuant to Section 18.95.040 of this chapter does not preclude an application for waiver pursuant to this section. The board shall have the authority to grant a waiver from the requirements of this chapter only if it makes the following findings in writing: A. Literal enforcement of this chapter would cause unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this chapter; B. There are special circumstances attached to the project that do not generally apply to other projects that are subject to this chapter; C. The waiver would not have a substantially negative effect on the master plans, policies, and resolutions of the city and would not be contrary to the purposes of this chapter; D. Any asserted economic hardship is not self-imposed; and E. The spirit of this chapter will be observed and substantial justice done. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.060 APPEAL OF CITY DECISIONS

18.95.060: APPEAL OF CITY DECISIONS: Appeals of decisions by the building official or enforcement officials pursuant to this chapter shall be taken in accordance with Chapter 18.12. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.070 RESERVED

Salt Lake City Code § 18.95.080 REQUIRED DEPOSIT

18.95.080: REQUIRED DEPOSIT: All private sector developers, excluding nonprofit developers, who receive city funds for applicable building projects shall submit a $10,000.00 "good faith" deposit with the city which shall be refunded upon the building project receiving the applicable level of LEED certification or after a determination of substantial compliance. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.090 PROOF OF REGISTRATION

18.95.090: PROOF OF REGISTRATION: Within 30 days from receiving notice that the city will fund an applicable building project, all private sector developers shall submit written proof that said project is registered with the USGBC. City funds will not be dispersed until the required deposit under Section 18.95.080 and the proof of registration under this section are received by the city. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.100 REQUEST FOR EXTENSION

18.95.100: REQUEST FOR EXTENSION: If a project is not LEED certified or has not been granted a determination of substantial compliance within one year after a temporary certificate of occupancy is issued by the city, then a private sector developer must file a written application with the city for an extension to obtain LEED certification. Said application must be filed with the city no later than 395 days after the date on which the certificate of occupancy was issued by the city. The city may grant a one year extension pursuant to this section and any additional extensions as may be necessary so long as a private sector developer is actively pursuing LEED certification. Extensions pursuant to this section shall begin on the date granted by the city. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.110 REQUEST FOR SUBSTANTIAL COMPLIANCE

18.95.110: REQUEST FOR SUBSTANTIAL COMPLIANCE: Receipt of LEED certification from the USGBC shall be conclusive evidence of the level of certification stated therein. If certification is not received from the USGBC or is not at the level required by this chapter, a private sector developer may request that the city issue a determination that the project has substantially complied with this chapter upon a reasonable demonstration that such project as constructed is consistent with the intent of this chapter and that strict enforcement of this chapter would create an unreasonable burden in light of the needs of such project, the ability of the project owner to control cost increases, and other relevant circumstances. The request for determination of substantial compliance must contain the following information: A. Final LEED certification application, documentation, and response from the USGBC; B. An explanation of the efforts and accomplishments made by the private sector developer to achieve compliance with this chapter; C. An explanation of the practical or economic infeasibility of implementing certain high performance building design or construction techniques that, if implemented, would otherwise have likely resulted in certification; and D. Any other supporting documents the private sector developer wishes to submit. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.120 DETERMINATION OF SUBSTANTIAL COMPLIANCE

18.95.120: DETERMINATION OF SUBSTANTIAL COMPLIANCE: The building official and either the chief procurement officer or the city engineer shall review within 60 days of receipt of a request for determination of substantial compliance and shall approve or deny the request based on the good faith efforts of the private sector developer to comply with this chapter. In making a determination of the good faith efforts, review of the request shall include whether the private sector developer has established the following: A. That reasonable, appropriate, and ongoing efforts to comply with this chapter were taken; and B. That compliance would otherwise have been obtained but for the practical or economic infeasibility of implementing high performance building design or construction techniques. In making any such determination, cost increases due solely to aesthetic elements shall not constitute any part of a demonstration of unreasonable burden. A determination of substantial compliance pursuant to this section shall satisfy Section 18.95.030. If the request for determination of substantial compliance is denied, the private sector developer will be deemed to have not satisfied Section 18.95.030 and shall forfeit the "good faith" deposit under Section 18.95.080 and may be assessed an additional penalty up to the amount originally funded by the city. Any penalty assessed shall be offset by the "good faith" deposit. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.130 PENALTY

18.95.130: PENALTY: Any private sector developer who fails to: a) comply with this chapter, b) apply for an extension pursuant to Section 18.95.100 of this chapter, or c) receive a determination of substantial compliance, shall forfeit the "good faith" deposit to the city to cover the cost and inconvenience to the city. An additional penalty may be assessed based on a direct analysis of possible LEED design credits. Given that a total of 26 LEED design credits are required for certification, the additional penalty shall be based on the following considerations: A. If the city determines that a project could have reasonably received 21-25 LEED credits, then the private sector developer shall pay the city up to 25% of the amount originally funded. B. If the city determines that a project could have reasonably received 16-20 LEED credits, then the private sector developer shall pay the city up to 50% of the amount originally funded. C. If the city determines that a project could have reasonably received 6-15 LEED credits, then the private sector developer shall pay the city up to 75% of the amount originally funded. D. If the city determines that a project could have reasonably received 0-5 LEED credits, then the private sector developer shall pay the city up to 100% of the amount originally funded. Failure to pay a penalty within 90 days of written notice from the city shall result in a lien against the project. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.140 RULE MAKING AUTHORIZATION

18.95.140: RULE MAKING AUTHORIZATION: The building official and either the chief procurement officer or the city engineer are authorized to issue administrative rules under this chapter. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.150 ADMINISTRATIVE INTERPRETATIONS

18.95.150: ADMINISTRATIVE INTERPRETATIONS: Pursuant to the authority granted under Subsection 18.08.040K, the building official may render interpretations of this chapter. Such interpretations shall conform with the intent and purpose of this chapter, and shall be made available in writing for public inspection upon request. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Salt Lake City Code § 18.95.160 LIMITATIONS

18.95.160: LIMITATIONS: Nothing required under this chapter shall supersede any federal, state or local law, including, without limitation, other provisions of this code; or any contract, grant, or other funding requirement; or other standards or restrictions that may otherwise apply to an applicable building project. This chapter shall not apply whenever its application would disadvantage the city in obtaining federal funds. (Ord. 91-24, 2024: Ord. 78-06 § 1, 2006)

Source: Salt Lake City, Utah, City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-62188Fetched: 11/1/2026