CalGreen Compliance for Residential Contractors

CalGreen Compliance for Residential Contractors

CalGreen compliance for residential contractors can be a challenge.

Let’s be honest, the CalGreen Code is the black sheep of the California building codes. Many building departments in the state never consider it during plan review or inspections. It is the lowest rung of their priorities, specifically because it has little to do with their primary concern – building safety.

Since most building departments are under-funded and under-staffed, they must place the emphasis of their limited resources on critical construction issues. There is nothing “critical” in the CalGreen Code when compared to life safety, electrical or structural systems.  

The old saying of “without enforcement there is no compliance” is applicable to residential construction and the CalGreen Code. The lack of CalGreen enforcement in many areas results in general contractors also placing CalGreen at the bottom of their priority list.  

The problem arises when a contractor takes a project in a jurisdiction that takes CalGreen Code compliance seriously. These include West Hollywood, Los Angeles, Palo Alto, Petaluma, Santa Rosa, Sonoma County, Napa County, Rohnert Park, Marin County, Sacramento, Roseville, San Anselmo, Cloverdale, Cotati, Cupertino, Emeryville, Healdsburg, Hillsborough, Contra Costa County, Larkspur, Los Gatos, Millbrae, Morgan Hill, Mountain View, City of Napa, Napa County, Newport Beach, Novato, Pasadena, Pleasanton, Redwood City, Rocklin, San Francisco, San Luis Obispo County, San Rafael, Santa Cruz, Santee, Sebastopol, City of Sonoma, Sunnyvale, Tiburon, Tracy, and Windsor (and probably a few I have missed). Although this seems like a long list, it is a small fraction of the 528 building departments in the state!    

So what do you do if you have a project in one of these jurisdictions? I will attempt to fully explain the issues you need to be aware of, and the documentation you need to have available at the end of the job.

For the purposes of this discussion I will limit the scope to single family residential projects, including new construction and remodels/additions.

Reviewing the CalGreen Checklist

The CalGreen Checklist must be submitted with the permit plans. The intent of the checklist is to verify that the CalGreen Code requirements are shown on the plans.

As a contractor, the project’s CalGreen Checklist does not usually infer a contract obligation. (If this italicized statement has you interpreting this as an opportunity for change orders, you did not hear it from me).

This is an important first step – understanding if the items noted in the checklist are actually shown on the plans. If any items are missing, it may be time for an RFI to the owner and/or architect. Get this clarified now, rather than have the building inspector raise the issue at closeout. 

Next, take the time to read each applicable item and how it impacts you and the work of your subcontractors. If you are unclear on any items seek an explanation from the architect, the CalGreen consultant, the building inspector, or call me at the number below. I am happy to share my knowledge. 

FYI – there are many different CalGreen Checklists used throughout the state. Most of the jurisdictions noted above have published their own CalGreen or Green Building checklist. It is not unusual for a architect or designer to submit the wrong checklist in their permit plans. Sometimes the plan reviewers don’t catch this and you end up with the wrong one for your project. If this results in a change order for you, then maybe the design team will be more diligent next time.

Construction Waste Plan

The construction waste plan (CWP) is the one item on the checklist you want to get right! I know of a general contractor who was recently fined $7000 because they did not have the construction waste records at the end of the project. This was for a single family project.

Most jurisdictions will require you submit a CWP before you begin construction. If they forget this step it would be a good time to be proactive and ask the inspection department about their expectations. 

The CalGreen Code requires EVERY project recycle 65% of the construction waste. This must be properly documented in accordance with the local building department’s requirements. 

The reality of this requirement is not so straightforward. Many areas of the state do not have a recycle facility that will provide this documentation. While they may internally recycle some of your materials, they may not have an organized diversion program. For this reason it behooves you as the general contractor to meet with the inspection department at the beginning of the project.  Ask for clear direction as to how you are to comply, and document, the construction waste recycling for your project.

While many jurisdictions in the state pay lip service to the CalGreen Code, almost every one of them has mandated construction waste management program. Do not, ever, just take your construction waste to the local dump and empty your truck! Those days are long gone. You will be fined or otherwise penalized.

At the end of the project make sure you have all haul receipts and other documentation required to turn over to the building inspector. 

In some cases your local jurisdiction may require you to haul your waste to a recycle facility far from your job site. I know of two cases recently where contractors have had to haul their recycle waste to facility hours away. The cost in transport and labor was significant.  

Activities During Construction

While specific CalGreen requirements may vary, there are some items that are applicable to every project. I will explain how to manage these common issues on your project.

Storm Water Control

This is required on every project – even an interior remodel if you have trucks that may be tracking mud or debris into the street. On new construction projects the civil engineer will likely have a site vehicle entrance detail for this.

The key aspect here is to project the storm water drainage system. If your project does not include a detail, make sure you have a plan to avoid any detritus from the site entering into the street storm drain. Failure to do so can incur heavy fines.

A second aspect of storm water control is not allowing water run-off onto adjacent property. This is typically managed with straw wattles. If there is any doubt about mud or other debris draining onto adjacent property, wattles are a cheap and easy solution. Don’t wait for a stop work order from your building inspector! 

Volatile Organic Compounds (VOCs)

The CalGreen Code limits the amount of VOCs in most common construction materials including paints, stains, caulks, coatings, sealants, adhesives, carpets, flooring, plywood, and others. Click here for a detailed list, and the VOC limits for each.

With the possible exception of carpet and flooring, most of the materials available in the big box stores will be California VOC complaint. Nonetheless, as the general contractor you are required to keep a record of VOC containing materials. I recommend that you make a habit of taking pictures of the materials used on site – paint cans, sealant and caulk tubes, boxes of flooring, etc.. Try and get a pic that shows the VOC limit of the material. Save these pics to a folder called “VOC’s” so you have this information for the inspector at the end of the job. While it is impossible to tract every single item used by your subs, it is generally acceptable if you have a good representative selection to show the inspector. 

Moisture Content of Building Materials

The code requires you demonstrate that framing members have a moisture content of 19% or less. Specifically you need to measure and document three framing members of any type – wall studs, joists, beams, etc.. To do this you can buy an inexpensive moisture meter and take pictures of the wood and the moisture readings of each of the three. Save these pictures for review by the inspector at the end of the project. In some jurisdictions the CalGreen Special Inspector will take these measurements.    

Shower / Bathtub Room Exhaust Fan

Every room containing a shower or tub must be vented with a Energy Star rated and humidity controlled exhaust fan. The Panasonic WhisperFlow fan series has a built-in humidity controller that meets this requirement. This fan does not require a separate humidity sensor. They now have a version that includes a built-in light. Note that the Energy Code requires the light to be switched separately from the fan.

Plumbing Fixtures

The code sets flush and flow limits for showers, toilets, and lavatories and kitchen sink faucets. If your buying from a store in California the fixtures are almost guaranteed to meet these requirements. If, however, your building a custom home with non-standard fixtures you will need to verify compliance. If your project is in a CalGreen Tier 1 jurisdiction be aware the plumbing fixture requirements are more stringent.  

Rodent Proofing

All exterior penetrations must be sealed with cementitious sealant. Note that silicone caulk is not acceptable as rodents can chew through it. 

Duct Openings and HVAC Equipment

Ducts used for supply and return air must be capped off during construction. This may be done with metal, plastic, cardboard, or similar material that will prevent dust from entering into the ducts. Additionally, air conditioning condensers and fan coil units must also be protected from dust by the use of plastic or similar protection.  

HVAC Design and Installer Requirements

The code requires the HVAC system be designed using the ACCA manuals and that installers are trained and certified for the equipment installation. While the ACCA manuals have been around since the early 1970s I would hazard a guess that few residential HVAC systems are designed using them. This may be the one CalGreen item that gets over-looked in many cases. However, it would be a good practice to require that your HVAC contractor used the mandated system and have the calculations available for the CalGreen inspection. The same goes with installer training. You can request that the HVAC supervisor on your project be certified to avoid any issues at project close out.

Operation and Maintenance Manual

An extensive O&M manual is required to be provided to the owner at the close out of the project. Here is the official description of the manual contents.

4.410.1 Operation and maintenance manual. At the time of final inspection, a manual, compact disc, web-based reference or other media acceptable to the enforcing agency which includes all of the following shall be placed in the building:

1. Directions to the owner or occupant that the manual shall remain with the building throughout the life cycle of the structure.
2. Operation and maintenance instructions for the following:

a. Equipment and appliances, including water-saving devices and systems, HVAC systems, photovoltaic systems, electric vehicle chargers, water-heating systems and other major appliances and equipment.
b. Roof and yard drainage, including gutters and down- spouts.
c. Space conditioning systems, including condensers and air filters.
d. Landscape irrigation systems.
e. Water reuse systems.

3. Information from local utility, water and waste recovery providers on methods to further reduce resource consumption, including recycle programs and locations.
4. Public transportation and/or carpool options available in the area.
5. Educational material on the positive impacts of an interior relative humidity between 30–60 percent and what methods an occupant may use to maintain the relative humidity level in that range.
6. Information about water-conserving landscape and irrigation design and controllers which conserve water.
7. Instructions for maintaining gutters and downspouts and the importance of diverting water at least 5 feet away from the foundation.
8. Information on required routine maintenance measures, including, but not limited to, caulking, painting, grading around the building, etc.
9. Information about state solar energy and incentive programs available.
10. A copy of all special inspection verifications required by the enforcing agency or this code.
11. Information from CAL FIRE on maintenance of defensible space around residential structures.

Yes, this IS a bit nonsensical, but don’t shoot the messenger. I didn’t write it! 

Project Close Out

The close out of the CalGreen portion of your project includes the following documents:

– Construction waste recycling in accordance with the local building department requirements
– Moisture readings of 3 framing members
– VOC containing material records
– Operation and maintenance manual
– Catalogue cuts of plumbing fixtures

The building inspector, or CalGreen Special inspector, will perform a final site visit to inspect all items on the checklist. They will expect you to have the above documents available for their review. Depending on the inspector, they may want copies of these documents for their records. 

If you have questions on the CalGreen compliance for your project feel free to give me a call. I am happy to share my knowledge.

Gary Welch

Email: gary@calgreenenergyservices.com

Phone: 707-328-5299

CalGreen Residential Mandatory Measures