This request is an appeal to a CIR submitted for Hillsboro Civic Center. We are requesting the use of dynamic air cleaners, utilizing ultra-violet germicidal irradiation (UVGI), as equivalent to MERV 13 static filtration media. 1.) The basis for rejection seems to rest solely on the fact that LEED references ASHRAE 52.2. Indeed, the ruling states that "USGBC would prefer to allow the use of effective dynamic filters for compliance." It can be proven that the proposed method filters particles to the level of MERV 13 and, therefore, meets the criteria of the standard. 2.) The International Mechanical Code allows the implementation of alternative materials and methods (Section 105.2) for equivalent compliance to those prescribed in its code. The IMC has this provision because it recognizes that technology changes more quickly than building codes. If a technology can be shown to be consistent with the intent of a standard and equivalent in performance, it is allowed. 3.) MERV 8 and 13 are cited as minimum levels of performance in EQ Credit 3. The purpose seems clearly to provide a minimum standard of air quality in buildings, not to promote the use of static filters. If a technology can be shown to produce equal or superior levels of air quality, there is no sound basis for rejection. 4.) In disallowing the request, it was cited that approval would require a substantial change to the credit as currently written and that the CIR process was not the appropriate forum for facilitating such a change. The project team is not asking for a change to the credit, only recognition that dynamic filtration exceeds the standard of compliance. 5.) The project team initially requested that this technology be granted a point for Innovation and Design. That request was denied on the basis that the system did not represent superior or exemplary performance (see CIR dated 7/10/03). If this innovation does not represent superior or exemplary performance to a standard LEED credit, then it is implied that it does, in fact, meet the standard credit. Since EQ Credits 3.1 and 3.2 are the only ones that address filtration of HVAC equipment, at a minimum, a superior filtration method to the ones cited in the reference standard should be granted equivalent status. Research studies have proven the effectiveness of UVGI. Penn State University's Department of Aerobiological Engineering performed one such research study. Many other health organizations including the Centers for Disease Control, and The Lancet medical journal support these findings. http://www.arche.psu.edu/iec/abe/wjkuvgi.html http://www.phppo.cdc.gov/cdcrecommends/showarticle.asp?a_artid=M0035909…;... http://www.thelancet.com/ (search for ôUVGIö) http://www.katu.com/health/story.asp?ID=62778 Dynamic air cleaners and other active filtration technologies, are entirely consistent with the overall goals of USGBC and LEED to "produce a new generation of buildings that deliver high performance inside and out" and "that are environmentally responsible, profitable and healthy places to live and work." In fact, because dynamic air cleaners consume less energy and the glass-fiber media can be recycled, they would seem to be more in line with these goals than MERV 13 passive filters. Due to its superiority, this technology is being considered by the Department of Defense and Department of Homeland Security for use in critical facilities to combat bio-terrorism. In light all this evidence, we ask the committee to reconsider its previous decision and allow the use of the proposed filtration method to satisfy the criteria of LEED EQ Credits 3.1 and 3.2.