The intent of our question is to clarify who can serve as the Commissioning Agent for LEED NC 2.2 Enhanced Commissioning, EA Credit 3. Our team has read LEED NC 2.2 Reference Manual and the white paper "Who Can Be a Commissioning Authority" dated 1/30/06. Our question concerns whether separation is recognized between the Architectural and Engineering designers for projects where these responsibilities are being performed by separate firms under separate contracts with the Owner, and whether that separation creates the independence from the design team required for the CxA. In our case, the firm who is providing architectural design and is the Architect-of-Record is under contract with the Owner with no subconsultants. The Architect is not responsible for the design of any of the systems to be commissioned under EA Credit 3. The Mechanical, Electrical and Plumbing designs are being provided by other firms, each with a separate contract with the Owner. The Architect employs several persons who are Commissioning Authorities with the required documented experience. Is a qualified disinterested employee of the Architect eligible to act as the CxA for the project under EA Credit 3 if the Architectural firm is not providing design services for commissioned systems either directly or through a subcontract, and if the CxA\'s findings are reported directly to the Owner?
The project has requested clarification regarding the use of an internal Architect from the designing Architecture Firm to serve as CxA for the project. This strategy does not comply with the written requirements of EAc3 in LEED-NC and therefore would preclude the project from earning points for this credit. The intent of this credit is to utilize an independent CxA without any relationship to the Design or Construction work. Per LEED-NC EAc3 Requirement 1.b.ii states: "The individual serving as the CxA shall be not an employee of the design firm" Although the mechanical systems being commissioned have not been designed by the Architecture firm, changes as a result of the Commissioning process could impact the Architecture Firm and additional systems which they may have control over the design. Therefore, although the CxA may not be directly involved in the project, they would not truly be "disinterested" as an employee of the designing Architecture Firm. Applicable Internationally.