Date
Inquiry

Description: Our project is an existing 22-story skyscraper undergoing major renovation. Each floor has 19,946 sqft with one central core area consisting of elevators, vestibules, fire stairs, mech. shafts/spaces (all common) and restrooms, kitchenettes and unassigned rooms all accessible from tenant side) - all part of the CS-project; AND 3 radiant wings of tenant spaces suitable for future office use (part of the CS-project here is only the raised floor system, ceilings, as well as HVAC and lighting provisions). Each floor and can later be divided into 1 (approx. 16,140 sqft) to max. 3 tenant spaces (each with approx. 5,382 sqft). The approx. 75"-grid established through the CS-project determines possible - not already built! - wall and tenant separation wall locations in the wing areas. Our approach to comply: 1-Statement from the owner that the public and common areas of the building,as well as the area up to 25 feet away from the building are non-smoking areas. In addition: extract of the standard rental contract (in German, translation added)verifying the statement from the owner. 2-Extract of the standard rental contract (in German, translation added) stating that smoking within the rental units is only permissible upon agreement/arrangement. In addition: Statement from the owner that smoking in the tenant spaces will be permitted if the designated smoking rooms within the tenant spaces will comply with the LEED-requirements. 3-Statement from the owner that they are trying to discourage smoking by not providing designated smoking rooms as part of the Core & Shell project, but that compliance of smoking rooms that could potentially be built in context with a tenant built-out has been ensured by the project team. 4-Statement from the MEP-engineer that the HVAC-system runs with 100%-fresh air intake. No redistribution of return air at all. 5-Statement from the MEP-engineer that it is feasible for him / the HVAC-system to create the required negative pressure anywhere within each rental unit. So, the tenant is free in his choice of where to place a smoking room within his unit. 6-Statement from the architect that the building has been planned without designated smoking rooms within the rental units, but that it will be feasible to create these rooms during a later tenant built-out either a) in the "wing areas" through building the appropriate partitions, or b) in the built core areas through altering the existing partitions according to the LEED-requirements. To do so; a portion of the raised floor system would need to be removed in order to bring the smoking room partition wall down to the floor slab; a part of the ceiling would need to be removed in order to bring the smoking room partition up to the deck; penetrations through the walls need to be sealed. The mechanical engineer then only needs to adjust the settings. In addition: typical floorplan, standard wall section, future smoking room wall section. Question1: Is this approach acceptable, even though the possible future smoking rooms are not going to be built as part of the CS-project AND alterations to what has been built during the CS-project might have to be made (see 6) to accommodate such rooms? Or do we need to built out unassigned rooms with partitions that fulfil the requirements now (= during the CS-project)and that later only need to be "occupied", not altered? Question 2: Is it permissible that 1 whole floor (or one whole tenant unit) would be smoking, as long as the common areas and adjacent areas, as well as separating walls to other tenant spaces (if applicable) are kept smoke-free?

Ruling

The project team is requesting that the construction/design requirements for potential smoking areas in future tenant spaces be covered by contract language in the tenant lease agreements. This is an acceptable approach for documenting credit compliance. For certification, the project must provide a copy of the lease agreement with the requirements highlighted, and documentation demonstrating that the base building exhaust and outdoor air systems have the capacity to accommodate future tenant smoking rooms, and give an example of or describe how future smoking rooms would be connected to these systems. Additionally, the project team is asking as to whether an entire floor can be declared as a smoking floor as long as the common areas are kept smoke-free. This is not an acceptable approach for prerequisite achievement, because the intent of the prerequisite is to minimize exposure of building occupants exposure to Environmental Tobacco Smoke, this includes building occupants of the tenants for which smoking is allowed. Tenants that wish to allow smoking will need to provide smoking rooms that meet the requirements of the prerequisite for this credit. Applicable Internationally.

Internationally Applicable
On
Campus Applicable
Off