Owner Letter of Commitment

Elara,

There is no sample letter. The requirements are made up each time a project is reviewed. It is entirely the fault of the USGBC/GBCI to insist on a new requirement, while failing to clearly define what is required (or not required) based on each LEED NC credit in the rating system.

In my case, a very old v2.2 project was forced to provide non-binding TI guidelines. Even though the project was almost entirely LEED NC and partially LEED CS. In LEED CS TI Guidelines are an optional credit. In LEED NC the USGBC has decided that; regardless of what the official USGBC LEED Rating System Selection Guidance documentation states, including the 40:60 rule; that LEED CI must be followed. In other words, a LEED NC project with any amount of CS space must follow LEED NC, CS and CI requirements: a brand new LEED Triple Play.

So, the "officially" published rating system selection guidance documentation is worthless.

On the project the GBCI upheld a "long after the project was registered" requirement for TI guidelines the review demanded the following:

Water Efficiency: Require Tenants to install fixtures at least as efficient as the base building. It didn't matter to the reviewers that the base building include the restrooms for all tenants. On the off-chance the tenant was allowed to, or maybe bootlegged, in a water closet, then that fixture must be efficient.

Construction IAQ Management: Both credits were demanded to be required. Although, the GBCI deemed to the requirement to be non-binding. Even though the small TI spaces were included as part of the base-building IAQ management --practices and testing-- the TI spaces must also follow the same requirements.

We were also challenged for bikes, green cars, energy, and ventilation, but the reviewer failed to read our submittal were we clearly stated the worst case was assumed for occupancy and no energy efficiency was included (lighting, HVAC, etc).

Amazingly, we were not challenged on any other credits. Not Low-Emitting Materials. Not Renewable Energy. Not a single Materials & Resources Credit.

Unfortunately, by insisting that LEED CI be followed for mixed LEED NC/CS project, the USGBC/GBCI has created a disaster. You are left to your own to guess what will be demanded. It will likely vary with each review. In one case water efficiency will be demanded. In another waste management.

Hernando,

I recieved similar comments for a Design Review and have questions on a couple of additional things:

1) LEED Interpretation 10102 does not make it clear if the Tenant Guidelines are binding or non-binding if the unfinished space (essentially a shell) is sold (transfers ownership)

2) The design reviewers are requiring us to state how each credit will be met - eventhough the LEED interpretation says it could be a general statement and need not address each prerequisite or credit individually.

3) Looking forward to the construction review, how did you handle the fundamental commissioining of the incomplete space?

The GBCI stated in an email to me the guidelines were non-binding. It doesn't seem to matter what happens to the space; leased, owner takes it over, or sold.

There are no "real" rules for Tenant Guidelines that I could determine, or the GBCI could provide. The "concern" (review demand to require the guidelines) seems to come from the USGBC's "LEED Department" decreeing that LEED BC+C & NC are "whole" building rating systems. Whole building meaning 100% of the building. That means you are now required to take into account work outside your scope, and even potentially the owner's scope.

1) You should base your guidelines on what the owner's current plan is for the spaces. What might occur in the future should not be a consideration. If the owner sells a building, it is clear from the MPRs that LEED requirements no longer apply, like continuing to provide energy use data.

2) Requiring each credit will be met is a "concern" not raised 6-months ago. The rules, unfortunately, are ever changing. An addenda should be published to the LEED Reference Guide to provide specific requirements. The USGBC seems to have no interest in doing that.

The only way to address "how each credit will be met" is by providing non-binding requirements in the Tenant Guidelines addressing each credit the project is earning for LEED. I understood this when I had my battle with the GBCI about TI Guidelines. Six months ago the Guildelines could be generic, and essentially meaningless. The USGBC/GBCI finally figured out what I was taking about.

An example of how you can address "how each credit will be met" is flooring. Simply state, "Tenants should consider installing low-emitting flooring product including; Carpets certified as Green Label Plus, Resilient Flooring certified as Floorscore, Flooring Adhesives with VOC content less than 50 grams/Liter, etc. (grouts, floor sealers).

3) Commissioning was completed by including all the systems installed, which included HVAC VAVs but not supply and return grilles in the Tenant spaces. Final lighting was not installed but switches and power outlets were. If something energy related was in the plans and specs it was part of the commissioning scope-of-work.

If you want to be complete, you could copy the LEED ID+C (CI) requirements for Fundamental Commissioning related to what a Tenant needs to provided a building owner when commissioning issues are discovered for systems outside-their-scope.