This CIR is concerning the LEED project boundary for a mixed-use development. The building is made up of a performance theater as well as a number of restaurants and retail spaces. The theater constitutes the majority of the building footprint, but there are two restaurants and two retail spaces that are attached to the front of the theater and share at least one wall. There is, however, no direct access between these spaces and the theater. We would like to define our LEED boundary to exclude these restaurant and retail spaces on the basis that they are under different ownership and use separate mechanical systems. They do not share interior spaces such as bathrooms and have their own exterior patios and decks that are self contained. We would like to reference the CIR dated 10/16/2008 which states that the project must include the whole building if the spaces in question share parking, mechanical equipment, bathrooms, and outdoor spaces. While both the restaurants and retail, along with every other buildings in the development, does share one parking garage, all other aspects of these spaces are separate and beyond the control of the theater owner. We are aware that the NC certification is intended to be a whole-building certification (CIR 5/23/2007) however, we would like to request that an allowance be made for spaces that function as separate entities but are included in the building footprint.
The project is requesting clarification of whether a portion of a mixed use development separated by a wall having separate mechanical systems and under different ownership is eligible for LEED NC certification or if buildings must be a free-standing structure to qualify. LEED NC is used to certify new buildings or major renovations of existing buildings. Major renovations include HVAC renovation, significant envelope modifications and major interior renovation. Certification of a project will be based on the project\'s own merit and documentation that it meets the prerequisite and credit requirements. Therefore, a portion of a mixed use development that is separated by a wall must be able to meet all of the prerequisites and minimum number of credits independently and should have stand alone structural supports, mechanical equipment and similar components. Additionally, the project must determine a consistent LEED boundary for all credits. While CIR rulings are intended to inform other projects, the similarity of separate systems does not substantiate reason to exclude these spaces from the LEED Project Boundary. In the case of this project, the restaurant and retail space should be considered tenant spaces. Applicable Internationally.