Our CxA is stuck on points of compliance with local regulations. The design team does not seem to be able to provide satisfactory evidence that the project complies with certain construction related codes. In the end we are all assuming the project is approved by the authorities, but in case the CxA is not satisfied with the documentation that the design team or client provides for local code compliance, will that cause an issue for passing this LEED prerequisite?
To put it more simply, if the Cx report says, "the project team has not been able to demonstrate compliance with regulation XYZ of Vietnam", will that cause a problem for the LEED Certification?
I can give 2 examples to describe how this situation has arisen:
1. There is a Building Energy Efficiency Code (BEEC) in Vietnam, but practically it is not enforced. Therefore the designer has not provided documentation of BEEC compliance and it is not clear whether the building complies or not. Of course the building still needs to follow ASHRAE 90.1 Mandatory requirements and demonstrate this for EAp2. But will there be a problem with LEED Certification if the Cx process highlights potential non-compliance with a local regulation?
2. Taking this point further, what if the Cx points out that the manufacturer's data for the AC system does not provide the COP according to the AHRI test procedure noted in ASHRAE 90.1 table 6.1.8A. In fact we cannot find equivalent equipment in Vietnam following the AHRI test procedure. Does the Cx highlighting an issue with ASHRAE 90.1 Mandatory reqs such as this mean the project's LEED Certification could be denied?
- The foundation for fundamental commissioning review is OPR (Owner’s Project Requirement) and BOD (Basis of Design) and since this is a LEED project then the design should show the compliance to LEED requirement that has been targeted. For example, in lighting case or HVAC equipment, those items must be in accordance with ASHRAE 90.1 requirement and ASHRAE 62.1 for minimum outdoor air intake requirement. The CxA is acting as an advocate for the owner, and need to ensure that the BOD reflects the OPR and that the design documents reflect the BOD and the OPR. However, one of BOD review contains of reviewing the governing codes and standards for specific codes, standards, and guidelines that are considered during the design of the facility and the designer’s response to those requirements. Therefore, in your case, if the incompliance matters are related to LEED requirement, then you must ensure the requirement is met. If not related to LEED items, then you have to explain that despite “the project team has not been able to demonstrate compliance with regulation XYZ of Vietnam” but it fulfill the OPR and BOD. But you have to ensure that as long as the local code compliance is not in OPR or/and BOD.
- If you can’t provide the equivalency that meet the ASHRAE 90.1 requirement for the HVAC requirement, then by right you need to search equipment that can meet and provide what LEED require. We suggest you to contact LEED coach to asking about this limitation condition in Vietnam.
Thanks and regards.