Index of Green Building Provisions in Florida Municipal Codes

Recently, Nicole Kibert of Carlton Fields, P.A., compiled an Index of Green Building Provisions in Municipal Codes.  The article is an excellent resource for Florida green building practitioners because it identifies the local green building requirements and incentives.  The following excerpt from  Kibert’s article highlights state a local efforts to mandate and encourage green building practices into new and existing buildings:

books On July 13, 2007, Governor Charlie Crist signed three Executive Orders during the Serve  to Preserve Florida Summit on Global Climate Change.  The three Executive Orders “will guide Florida to reduce green house gases, increase efficiency and pursue more renewable and alternative energy sources, such as solar and wind technologies, ethanol and hydrogen.”  The spirit of these executive orders was largely put into action in the 2008 legislative sessions culminating in many directives that will impact our clients and our practices in the years to come.  Some of the highlights include the following mandates:  All new state buildings must be built in accordance with the U.S. Green Building Council’s Leadership in Energy and Environmental Design for New Construction (LEED-NC) standards.  Leadership in Energy and Environmental Design for Existing Buildings (LEED-EB) standards must be implemented for all existing state buildings.  Florida’s 2008 Energy Act created a state definition of green building and started the ball rolling on several initiatives including increased energy efficiency in the Florida Energy Code and the legislative authority for the development of the Florida Renewable Portfolio standard.  The Florida legislature passed on taking related action in the 2009 session.

 Many Florida municipalities are adopting green building provisions into their codes.  The “Index of Green Building Provisions in Florida Municipal Codes” was compiled during the summer of 2009 for informational purposes only.

Index of Green Building Provisions in Florida Municipal Codes submitted by Nicole Kibert, Carlton Fields, P.A.

National Register Treasure in Coral Gables Going for LEED Certification

Old Coral Gables Fire Station

Old Coral Gables Fire Station

What’s old will not only be new again but if all goes right, green and LEED certified!  The Coral Gables Museum will be housed in the city’s original police and fire station located at 285 Aragon Avenue. The building was constructed in 1939 by architect Phineas Paist, one of the original designers of the City of Coral Gables who was responsible for the Mediterranean look and feel of the city. The building is also listed on the National Register of Historic Places. This original structure is currently being restored. In addition, a new 3,000 square foot gallery and a 5,000 square foot public plaza will be incorporated into the Museum complex.

“The Museum’s ‘green’ initiatives represent an institution taking the lead to be an example for the community,” says Director of Operations Christine Rupp. “From construction to programming to operations, the Museum will continue to exemplify civic and social responsibility.”

In 2005, Jorge L. Hernandez Architects were contracted to design the project. Creating a structure that was environmentally sustainable was a main concern from the start and certain steps needed to be taken in order to obtain LEED certification.

“Many credits have to do with the building’s location in the urban environment and proximity to hubs of transportation, restaurants and other facilities,” says lead architect Jorge L. Hernandez.  “We are re-using an existing building [which is] the greenest choice for construction. We are fortunate that the Museum is located in the heart of Coral Gables.”

The Coral Gables Museum is set to open in 2010. Upon its completion, it will not only display Coral Gables history, but the building itself will also make history if it achieves LEED certification as planned.

“This will be the first National Register civic building to be LEED certified in this region,” says Hernandez. “As the green movement continues to grow, we will become increasingly sophisticated in dealing with our building stock and the energy implication of producing and maintaining them in a sustainable manner.  This project represents an important step in what will be a reformative cultural and environmental movement.”

For more information regarding the Coral Gables Museum, call 305-910-3996.

Posted by Peyton White Lumpkin, Esq., LEED AP
The Lumpkin Law Firm P.A.

Rendering of New Coral Gables Museum

Rendering of New Coral Gables Museum

Self-cleaning Air-purifying Surface Treatment

PURETi is a surface treatment that uses UV-PCO (ultraviolet photocatalytic oxidation) with ultraviolet light to transform treated materials into self-cleaning surfaces. Benefits include reducing the water, chemicals, and energy used in cleaning by at least 50%, plus significantly reducing air pollution. Light energy from the sun (or fluorescent lamps) energizes a mineral called anatase titanium dioxide (TiO2) in the treatment product, which in turn accelerates the natural chemical breakdown of organic molecules comprising grime, bio-film, smog and volatile organic compounds.

An independent laboratory study was conducted at Stony Brook University by Professor Alexander Orlov, Ph.D. “Experiments conducted in our lab found that PURETi UV-PCO technology is able to eliminate almost 80% of harmful NOx emissions by using light energy from ultraviolet light,” said Orlov. NOx (nitrogen oxides) can react with volatile organic compounds to form Ozone, which can have adverse health effects.

The treatment helps keep glass free of unattractive organic films, and when applied to cool white roofs, it reduces reflectance loss caused by the growth of biological matter and other soil.

Projects using this treatment include the Los Angeles Community College District (with a >$4 billion budget, arguably the largest green building project in the country), which is treating a million square feet of building roofs, windows, and cement and brick facades and plans to treat approximately 15 million square feet on nine separate campuses over the next three to four years.   Goshow Architects used it in its newly renovated Manhattan office.

For more information visit www.csggrp.com.

Posted by Jackie Felegy, President,  CSG Sun Coast

Green Building Art

Have a big blank wall in a green building but don’t know what to do with

Mangrove Seedlings

Mangrove Seedlings

it? The social and environmental values underlying green buildings are spurring innovation in art. A great example is the Mangrove Wall at the Miami Science Museum. Conceived by artist Xavier Cortada, the wall began with volunteers collecting mangrove seedlings. The seedlings were placed in plastic cups attached to the wall with binder clips and left to grow. They will be replanted by another group of volunteers to create a mangrove forest.  The visual display makes me think of all the volunteers who came together to collect the seedlings as well as those who will come together to plant them and enrich the eco-system. It’s beautiful and inspirational, a lovely extension of the ideals behind green building. The

Model of new Museum of Science facility

Model of new Museum of Science facility

Museum’s president, Gillian Thomas, said they plan to include a focus on artists whose work relates to the environment at the new facility being built on Biscayne Bay in Bicentennial Park, and Xavier Cortada is a very likely candidate. The new museum with its aquarium and “living core” will go beyond LEED certification and embody green principles at every level.

Posted by Peyton White Lumpkin, The Lumpkin Law Firm P.A.

Miami Mayor Manny Diaz and Volunteers

Miami Mayor Manny Diaz and Volunteers

Water restrictions are no match for green building principles

 Submitted by: Taylor Ralph, RealBuilding, LEED AP, Green Building Consultant

While the rain begins to hit our roofs almost daily—those afternoon showers that simultaneously cool things off yet make our air more humid—consider the fate of this precious source of water for our region…

Our water infrastructure includes the design of expensive, and extensive, storm water management systems that add huge costs to new development, require expensive/disruptive repairs, and transport the toxins, debris and trash that comes from water hitting our impermeable driveways, streets and gutters.  It then goes into the sewer, enters the storm water pipes, is filtered with powerful chemicals at treatment plants, and eventually reaches (and negatively impacts) the precious ecosystems and waterways that Floridians and (and tourists) visit and enjoy daily.

Waterfall

In response to this unsustainable method of collecting and treating surface waters, green building advocates, environmental organizations and individuals mindful of the complicated and costly requirements of an impermeable environment have started advocating for more permeable site design, and employing conservation strategies that once were common remedies when water wasn’t as readily available in the home—rainwater storage/use and grey water recycling.

Tampa Bay Water defines grey water as “untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, clothes washers and laundry tubs.” Grey water makes up roughly 50-80% of the water heading down our drain, leaving a large capacity of reusable water that could be filtered easily and efficiently…reducing overall water use in the home by 30% or more!

We are still in a drought; homeowners, businesses and municipalities have been required to eliminate their use of potable water for irrigation and maintenance in order to conserve our dwindling water reserves.  People learned quickly that these kinds of limits are not fun for water-hungry landscapes, and cringe at the thought of higher water surcharges—taking a second look at our everyday use of water.

Those that weren’t concerned had already prepared for this predicament—with their rain barrels/cisterns, drip irrigation systems, Florida-friendly landscape and low-flow fixtures helping keep their yard lush and monthly bills low.

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www.realbuilding.com

445 25th Ave N, St Petersburg, FL 33704
T: 727.388.9777 | F: 727.388.5780

Green Prefab Housing

The June 2, 2009 issue of USA Today(page 5D) has an article, “Prefab homes now sprout green designs.”  This article features Michelle Kaufmann, a San Francisco Bay area architect who first designed her own manufactured green home and then went into business building them for others.  The article gives other examples and states that building homes in a factory is “inherently greener” than building them on site because, e.g., there is less waste, greater efficiency, and the materials are not exposed to the elements.

Additionally, Nationwide Custom Homes of Martinsville, VA, claims to have the first completely green community in the Tampa Bay region – Glencairn Cottages.  This site also has a virtual tour of the project.

Posted by Howard Allen Cohen, Esq., Atkinson, Diner, Stone, Mankuta and Ploucha, P.A.

Green Building Primer: What You Should Know About Sustainable Development Projects

Green building projects are long-term endeavors that are not necessarily “complete” upon the close of construction.  From a contract drafting standpoint, efforts must be made to ensure that the green principles envisioned at the onset of the project and implemented during the construction phase continue throughout the life of the project.  For example, in a green residential community, restrictions must be put in place to regulate compliance with the community’s sustainable design as architectural styles, ownership of homes and leadership by governing bodies change.  Similarly, in projects involving tenants, leases must include limitations and requirements that are consistent with the sustainable objectives of the project.  As a result, Green building lawyers must have an understanding of the wide array of elements challenging the ability of a project to not only obtain the desired level of sustainability but also maintain sustainability. 

A must-read article providing practical considerations for drafting documents for green projects is “What You Should Know About Sustainable Development Projects” by Nicole Kibert.  The article provides an excellent primer for drafting construction contracts, restrictions for new and existing communities and green leases.

Will green building in Florida bring a new wave of mold litigation?

One of the best parts of living in Florida is the ability to enjoy the tropical weather and scenery.  Unfortunately, the hot and humid climate that fosters Florida’s greenery challenges development and implementation of standardized green building practices. 

Green Puzzle House (for use with Liberty Article)

In the draft article “Why Green Buildings are Susceptible to Moisture & Mold Problems” David Odom, Richard Scott and George H. DuBose of Liberty Building Forensics Group have highlighted the potential for construction defects in Florida green buildings:

The great irony of building green is that the very concepts that are intended to enhance a building’s performance over its entire lifetime are many of the same things that make a building highly susceptible to moisture and mold problems during the first few years of operation.

For example, the Leadership Energy and Environmental Design (LEED) green building certification programs do not modify criteria based on regional climate.  As a result, methods used to achieve LEED credits in dryer climates such as Arizona may literally turn a building green from mold if applied in Florida’s wet climate.  According to Odom, Scott and DuBose, the following design features and building methods may increase moisture intrusion in Florida green buildings “if not carefully considered and implemented”:

  • Vegetative roofs
  • Increased insulation
  • Using new “green” materials that have not been field-tested over time
  • Reuse of existing buildings or recycled components
  • Increased ventilation to meet indoor air quality goals
  • Building start up procedures such as “building flush out”

Does this mean that green buildings in Florida are doomed to spur construction defect litigation due to moisture intrusion?  Maybe, unless the design professionals make sound judgment calls considering the humid climate and the construction team satisfactorily implements the plans and specifications.  And of course, the owner will need to have the resources to pay for the increased design and construction costs. 

Click here to view: Why Green Buildings are Susceptible to Moisture & Mold Problems, by David Odom, Richard Scott and George DuBose, Liberty Building Forensics Group, LLC, 3700 Dohnavur Drive, Zellwood, Florida 32798.  Other Liberty Group articles have addressed green building mold and moisture issues as well: The Hidden Risks of LEED and The Risks of Building Green in the Southeast.

Submitted by Desiree Noisette, LEED AP, Hill Ward Henderson, 101 E. Kennedy Blvd, Suite 3700, Tampa, Florida 33602, dnoisette@hwhlaw.com, (813) 222-8722.

Welcome to Florida Green Building Law!

Welcome to the official website of the Florida Bar’s Green Building Subcommittee, a subcommittee of the Construction Law Committee.  Please add FloridaGreenBuildingLaw.com to your bookmarks!

Green mortgages are here…again

Energy efficient mortgages (“EEMs”) have been around for over thirty years, but remain underutilized and under marketed despite the momentum of the green building movement.  EEMs are mortgages that allow borrowers to buy more house or reduce interest rates because of the future cost savings and increased value associated with efficient homes.   The general theory is that the owner of an energy efficient home will spend less on utilities than the average homeowner, so the energy efficient homeowner will be able to afford more home than traditional mortgage calculators allow. 

Utilities  The Florida Solar Energy Center maintains a database of Energy Efficient Mortgage providers.  After an EEM product is identified, the borrower obtains an energy rating pursuant to the Florida Building Energy-Efficiency Rating Act.  Section 553.990, Florida Statutes.  The Act, much like the EEM, is nothing new–it went into effect over fifteen years ago  ”to provide for a statewide uniform system for rating the energy efficiency of buildings.”  Section 553.990, Florida Statutes.   As part of this Home Energy Rating System (HERS), certified building raters grade the efficiency of homes for EEMs.  For more information on the HERS, visit The Florida Solar Energy Center.

So why haven’t green mortgages kept up with the momentum of the green building movement?  At least one article blames lack of borrower demand, increased paperwork for the loan processor and poor marketing by lenders and real estate agents.

Submitted by Desiree Noisette, LEED AP, Hill Ward Henderson, 101 E. Kennedy Blvd, Suite 3700, Tampa, Florida 33602, dnoisette@hwhlaw.com, (813) 222-8722.