2010

ImplementingRules andRegulations(PartI) GreenBuildingInfrastructure

REPUBLIC OF THE PHILIPPINES QUEZON CITY GOVERNMENT DEPARTMENT OF BUILDING OFFICIAL

Implementing Rules and Regulations (Part I) Green Building Ordinance 2009

Contents
RULE I GENERAL PROVISIONS ..............................................................................4

SECTION 1 SECTION 2 SECTION 3

SHORT TITLE DECLARATION OF POLICY DEFINITIONS

4 4 5
..............................................................................8

RULE II GREEN INFRASTUCTURE

SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10

APPLICATIONS PRELIMINARY CERTIFICATION CHANGES BETWEEN PRELIMINARY AND FINAL CERTIFICATION FINAL CERTIFICATION REVOCATION CERTIFICATE REQUIREMENTS EXEMPTIONS

8 9 10 11 12 12 14

RULE III SEWAGE TREATMENT PLANT ..........................................................................15

SECTION 11 SECTION 12 SECTION 13

INSTALLATION OF SEWAGE TREATMENT PLANT COMPUTATION OF EFFLUENT DISCHARGE GUIDELINES OF IMPLEMENTATION

15 15 16

RULE IV GREEN BUILDING CREDIT

............................................................................17

SECTION 14 SECTION 15 SECTION 16

GREEN BUILDING TAX CREDIT CREDIT COMPONENTS RESTRICTIONS

17 17 18

RULE V - FINAL PROVISIONS

............................................................................20

SECTION 17 SECTION 18 SECTION 19 SECTION 20 SECTION 21

CARBON CREDITS APPLICABILITY OF EXISTING MINIMUM STANDARDS, PROHIBITED ACTS AND PENAL PROVISIONS AMENDATORY AND REPEALING CLAUSES SEPARABILITY CLAUSES TRANSITORY AND EXCLUSION CLAUSE

20 20 21 21 21
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SECTION 22

EFFECTIVITY CLAUSES

21

ANNEX A ANNEX B ANNEX C ANNEX D ANNEX E

INSPECTION & EVALUATION PROCEDURES .................................................23 RATING SYSTEM ............................................................................24

STANDARD CERTIFICATION ISSUANCE .........................................................25 PRELIMINARY CERTIFICATION FOR GREEN BUILDING FORM....................26 PRELIMINARY CERTIFICATION FOR GREEN BUILDING AMENDMENT FORM ............................................................................27 FINAL CERTIFICATION FOR GREEN BUILDING FORM ..................................28

ANNEX F

ANNEX G MINIMUM STANDARDS, PROHIBITED ACTS AND PENAL PROVISIONS ..... 29 ANNEX H ANNEX I ORDINACE NO. 1917 SERIES OF 2009 GREEN BUILDING ORDINACE ........30 ORDINANCE NO. 1940 SERIES OF 2009 GREEN ROOF ................................31

ACKNOWLEDGMENT

32

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Implementing Rules and Regulations (Part I) Green Building Ordinance 2009

RULE I GENERAL PROVISIONS

SECTION 1 SHORT TITLE

This Implementing Rules and Regulations, Part I for Green Infrastructures, hereinafter called the IRR-1 or simply IRR, is promulgated pursuant to Section 24, of SP 1917 S-2009 - "AN ORDINANCE REQUIRING THE DESIGN, CONSTRUCTION OR RETROFITTING OF BUILDINGS, OTHER STRUCTURES AND MOVABLE PROPERTIES TO MEET MINIMUM STANDARDS OF A GREEN INFRASTRUCTURE, PROVIDING INCENTIVES THEREOF AND FOR OTHER PURPOSES" also known as the "Green Building Ordinance of 2009", for the purpose of prescribing the necessary rules and regulations for the said ordinance.

SECTION 2 DECLARATION OF POLICY

The provisions of this IRR Part 1 are in line with declared policy of the Quezon City Government to: 2.1 Establish and maintain building standard that require the planning, design, construction, operation and maintenance, including the retrofitting of building projects that strictly adhere to energy efficiency, cost effectiveness and mitigate impacts on environmental degradation; Emphasize that land conservation, urban planning and development should include green infrastructure as a key planning framework in order to arrest the adverse impact of rapid growth on our environment and ecosystems; Require the planning and integration of green spaces and installation of available and cost efficient technologies prior to any infrastructure development; Create and maintain a network of green spaces and integrate them in the whole gamut of infrastructure projects and developments, being mindful of the strategic connection between structures, parks, riparian areas and other green spaces in order to maintain a healthy biodiversity; Increase the demand for environmentally preferable building materials, finishes and furnishings; Emphasize that the impact of greenhouse gas emissions does not recognize jurisdictions or boundaries, hence, must be the concern not only of government but of private, business and other stakeholders or sectors; Provide measures for the protection of groundwater on all vertical structures; and Provide incentives for land users, developers and planners who incorporate, implement, install and actually use environment friendly technologies that promote a strong biodiversity, improve
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2.4

2.5 2.6

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the state of health of the population and abate the outstanding destruction of our ecosystem, ground water and air quality.

SECTION 3 DEFINITIONS
Unless otherwise defined under this Ordinance, the following terms shall mean and be construed as: 3.1 Applicant - the developer of a new building development or an owner of an existing building that is the subject of evaluation and rating. Biodegradable - refers to waste materials that are capable of being broken down by other living organisms. This includes food wastes and green wastes such as tree cuttings, trimmings and the like. Building/ Structure/ Facility/ Project - any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind that is considered as new building development or an existing structure of which the assessment is sought; and site that utilize a single submittal for construction permit or that are within the contiguous properties under single ownership or effective control. Carbon Credits - are emission allowances allocated or auctioned under a cap-a-trade program, or it can be utilized to offset emissions. Such offsetting and mitigating activities are authorized under the Kyoto protocol. Under the Protocol, the amount of emissions reduced is evidenced by a Certified Emissions Reduction (CER). Discharge - includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water (source: IRR of RA 9275). Dwelling Unit - one or more habitable rooms which are occupied or which are intended or designated to be occupied by one family with facilities for living, sleeping, cooking and eating. Effluent - is a general term denoting any wastewater, partially or completely treated, or in its natural state, flowing out of a manufacturing plant, industrial plant, or treatment plant. Effluent Standard - refers to any legal restriction or limitation on quantities, rates, and/or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land (source: IRR of RA 9275). Evaluation - the valuation of the standard of environmental performance of the building based on the criteria as set out in the Green Building Rating System. Final Certificate for Green Building - is a document issued after completion of the evaluation by the GBIU of the building project wherein the level of certification and tax credit allowed are stated in compliance with Section 14 of this IRR. Generation - refers to the act or process of producing solid wastes (source: RA 9003).
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3.12 3.13

3.14

3.15

3.16

3.17

3.18 3.19 3.20

3.21

3.22

Green Architecture an approach to building that minimizes harmful effects on human health and the environment. Green Building - an integrated whole-building approach to the planning, design, construction, operation, and maintenance of buildings and their surrounding landscape that help mitigate the environmental, economic and social impacts of buildings on the following: site conservation and sustainable planning, water conservation and efficiency, energy efficiency and renewable energy; conservation of materials and resources, and indoor environmental quality and human health. Green Building Inspection Unit (GBIU) refers to the technical working group of the Green Building program and shall be composed of representatives from the Department of Building Official, Environmental Protection and Waste Management Department, City Planning, Department of Engineering, City Treasurers Office and City Assessors Office. The duties and responsibilities of GBIU shall be defined through Executive Order by the City Mayor. Green Roof refers to buildings that have rooftops that are dedicated to plants and trees. The rooftop devoted to plants and trees must be layered with soil wherein the said plant or tree is planted. The use of any kind of pots for the plants will not suffice. Hazardous Waste - refers to any waste or combination of wastes of solid, liquid, contained gaseous, or semi-solid form which cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, taking into account toxicity of such waste, its persistence and degradability in nature, its potential for accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or organism (source: IRR of RA 9275). Quezon City Green Building Rating System (QCGBRS) the system used for determining the numerical Green Points based on the compliance of the building project on Section 9 requirements. Ordinance - refers to the Green Ordinance of 2009. Plants and Trees refer to live flowering and non-flowering plants, as well as live fruit and non-fruit bearing plants. Permit to Operate - refers to the legal authorization granted by the Environmental Management Bureau to operate or maintain any installation for a specified period of time (source: IRR of RA 8749). Pollution control device - refers to any device or apparatus that is used to prevent, control, or abate the pollution of air caused by emissions from identified sources at levels within the air pollution standards established by the Department of Environment and Natural Resources (source: IRR of RA 8749). Preliminary Certificate for Green Building - a document issued on completion of the evaluation of the building stating the buildings achievement of environmental standard set by this IRR.
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3.23

3.24

3.25

3.26

3.27

3.28

3.29

3.30

3.31 3.32

3.33

Recyclable Wastes - refers to any waste material retrieved from the waste stream and free from contamination that can still be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other materials as may be determined by the Technical Committee. Residual Wastes refers to common waste generated by industry, business, institutions and houses that remains after diversion programmes have been used to remove recoverable materials. Re-use - refers to the recovery of materials intended to be used again either for the same or different purpose without altering their physical and chemical characteristics (source: RA 9003). Sewage Treatment Plant (STP) - process of removing contaminants from waste water and household sewage, both runoff (effluents) and domestic. It includes physical, chemical and biological processes to remove physical, chemical and biological contaminants. Solid Waste - refers to all discarded household waste, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other nonhazardous/non-toxic solid waste (source: RA 9003). Stationary source - refers to any building or fixed structure, facility or installation that emits or may emit any air pollutant (source: IRR of RA 8749). Technical Committee - refers to the body composed of the Local Building Official, City Planning and Development Office and the Environmental Protection and Waste Management Department. Waste Diversion/Reduction - shall refer to activities which reduce or eliminate the amount of solid waste from waste disposal facilities. Wastewater refers to waste in liquid state containing pollutants (source: IRR of RA 9275). Wastewater Treatment Facility - Any plant or facility owned or maintained by any department, agency or authority of the state or by any sewer company, private corporation, association, person or group of persons, or by any industry of institution, except domiciles or residential units, which subjects waste water to a process for removing or altering the objectionable constituents of wastewater for the purpose of the requirements of the Clean Water Act of 2004, Republic Act of 2004 (RA 9275) to make it less offensive or dangerous. Whole Building - the entire building project, as comprised of the base building and tenant space.

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RULE II GREEN INFRASTUCTURE

SECTION 4 APPLICATIONS
4.1 Only the following whole buildings or structures set forth in National Building Code as indicated below for commercial, industrial, or institutional use are hereby mandated to comply under this IRR. 4.1.1 The classification of buildings shall conform with the following: Type of Occupancy Group E Group E Group E Group E Group E Group C Group D Group D Group F Group F Buildings/ Structures Hotels Office Buildings Malls Dry Markets Wet Markets & Slaughter Houses Schools Office Buildings Hospitals Factories Warehouses Coverage Area (m2) 2,000 2,000 5,000 1,000 all covered 5,000 5,000 5,000 all covered 2,000

Classification Commercial Commercial Commercial Commercial Commercial Institutional Institutional Institutional Industrial Industrial

4.1.2

4.2

Total gross floor area of the building or buildings both for new construction and existing enumerated above shall be the total area of all buildings within the compound. The Preliminary Certification inspection, evaluation and rating procedures, which the Technical Committee has devised, shall be implemented by the Local Building Official under Section 5 of this IRR.

In accordance with Section 7 of this IRR, the Final Certification evaluation, inspection and rating procedures shall be implemented by a Green Building Inspection Unit which shall be created through an Executive Order. The said unit (or GBIU) shall be composed of representatives from the Department of Building Official, Environmental Protection and Waste Management Department, City Planning, Department of Engineering, City Treasurers Office and City Assessors Office. 4.2.1 The Inspection and Evaluation Procedure shall conform to Annex A. All the requirements to be part of the
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4.2.2

4.2.3

inspection shall be prepared and submitted by the applicant with the assistance of technical persons who must have knowledge of Green Technologies. These requirements shall be referred to the provisions in Section 9 of this IRR. The Rating System shall conform to Annex B. The detailed rating and evaluation depends on the extent presented by the applicant as embodied in this IRR. It is the intent of the IRR to encourage applicant to support the Green Buildings program, hence, it is permitted that the applicant to have his own rating of minimum score of 50 points for any tax credit to be considered and to comply with the mandatory requirements stipulated in Annex B. However, only the Local Building Official shall be responsible for the evaluation for the Green Point score. The standard Certification issuance shall conform to Annex C. This certification is intended for the tax credit, if the Green Points is 50 and above as applicable under the terms and conditions in Section 14. Otherwise, if the building is only compliant with the Mandatory requirements, it is already considered as Green Building but not qualified for any tax credit.

SECTION 5 PRELIMINARY CERTIFICATION

In the case of proposed new building project or if the building project involves existing buildings or structures, an applicant must comply with the following provisions: 5.1 If the applicant will be the owner at the time of construction of the facility, he shall apply in writing on the attached standard application form (Annex D) with the Local Building Official for preliminary certification. The application shall contain: 5.1.1 A statement that the applicant plans to construct/retrofit a facility; 5.1.2 A detailed description of the proposed facility and its operation and information showing that the facility will operate as represented in the application; and 5.1.3 The estimated start and finish date of the construction/retrofitting of the facility. The Local Building Official may allow an applicant to file Preliminary Certificate application after the start of the construction/retrofitting of the facility provided that the applicant will submit valid reasons. If the Local Building Official determines that Items a to d are complied with, then, the Technical Committee shall issue, addressed to the City Treasurer and the City Assessor, a certification recommending the approval for the issuance of the Preliminary Credit Certificate for the proposed construction. The Preliminary Credit Certificate shall state the necessary contents are in accordance with Item 5.3.1 to 5.3.3.
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a. The proposed construction/retrofitting are technically feasible. b. The proposed facility shall operate in accordance with the representations made by the applicant. c. The mandatory provisions of Section 9 of this IRR. d. Any applicable rules or standards that shall be adopted by the Department of Building Official, City Planning and Development Office and the Environmental Protection and Waste Management Department. The first taxable year for which the credit may be applied; 5.3.2 The expiration date of the tax credit. Such expiration date may be extended at the discretion of the City Treasurer in order to avoid unwarranted hardships; and 5.3.3 The maximum amount of the total credit allowed in any single taxable year. If the Local Building Official determines that the construction/ retrofitting, does not comply with mandatory provisions under Section 9 of this IRR and applicable rules and standards, the Local Building Official shall issue an order to comply with the Green Building Ordinance and its IRR. 5.3.1

5.4

SECTION 6

CHANGES BETWEEN PRELIMINARY AND FINAL CERTIFICATION

6.1 The applicant may modify the green building features of the building project that has already received Preliminary Certification and shall file a written request as indicated in ANNEX E to the Local Building Official within the period indicated in Item 5.1.3 of the estimated period of construction/retrofitting. The applicant shall state the following: 6.1.1 A detailed description of changes. Changes may involve any of the mandatory or elective requirements as supported by revisions on the building project plans and specifications. 6.1.2 The reasons for the changes whether involving mandatory, elective or combined; and 6.1.3 The effects that the changes will have on the amount of tax credit stated by the preliminary certification. The Local Building Official must determine and decide if the changed project complies with the requirements under Section 9 of this IRR. The Local Building Official shall inspect, evaluate and certify the compliance of the changes in the building project, in accordance with Annexes A, B and C, respectively. Any verification to be conducted by the Local Building Official shall be upon the submission of revised building plans, specifications, calculations and detailed drawings.
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6.2.1

6.2.2

If the changed project complies with the requirements under Section 9 of this IRR, then the Local Building Official shall issue an amended preliminary certification to be addressed to the City Treasurer and City Assessor. If the changed project does not comply with the requirements under Section 9 of this IRR then the applicant shall have the option to request for review by the Technical Committee and when the Technical Committee's finding is that the changed project does not comply, then the Local Building Official shall issue orders that revoke the preliminary certification.

SECTION 7

FINAL CERTIFICATION
Upon completion of the proposed construction or retrofitting project, the following provisions shall be considered by the applicant and the Green Building Inspection Unit: 7.1 No final certification shall be issued by the Green Building Inspection Unit through the Local Building Official under this Section unless the facility was constructed under an approved Preliminary Certificate issued under Section 5. An applicant may apply with the Green Building Inspection Unit through the Local Building Official for the Final certification of the facility with the attached application form ANNEX F that shall contain the following requirements, Section 7.2.1, 7.2.2a, 7.2.2b, 7.2.3 and 7.2.4 below, after completion of construction of the building project. 7.2.1 A statement that the conditions of the preliminary certification have been complied with; 7.2.2 An eligibility certificate from a licensed project architect or engineer that consists of: a. Preliminary Certification by the Local Building Official that the building, with respect to which the credit is claimed, is compliant with the provisions of the IRR; and b. A statement of the degree of compliance achieved by the building, to permit determination of the proper credit amount under Section 14 and 15 of this IRR. 7.2.3 7.3 A statement that the facility is in operation.

7.2

After successfully conducting the technical verification/evaluation by the Green Building Inspection Unit and provided that the provisions under Section 7.1 to 7.4 have been complied with, the Green Building Inspection Unit through the Local Building Official shall issue a certification addressed to the City Treasurer and the City Assessor recommending the approval for the issuance of the Final Credit Certificate for the constructed facility. In relation to the final certification, the City
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Assessor shall provide the annotation in the tax declaration, as basis of the City Treasurer's application of tax credit.

SECTION 8 REVOCATION CERTIFICATE

The Local Building Official may order the revocation of the final certificate issued under Section 7 of this IRR if the Local Local Building Official finds causes that fall under either Section 8.1 or 8.2. 8.1 The certification was obtained by fraud or misrepresentation. 8.1.1 If the certificate is ordered revoked pursuant to item 8.1 of this SECTION, all prior tax credits provided to the holder of the certificate by virtue of such certificate shall be forfeited, and upon notification under this section, the City Treasurer shall immediately proceed to collect those taxes not paid by the certificate holder as a result of the tax credits provided to the holder under this IRR. The holder of the certificate has substantially failed to construct or complete the facility in compliance with the plans, specifications, and procedures in such certificate. As soon as the order of revocation under this Section becomes final, the Local Building Official shall notify the City Treasurer and the City Assessor of such order. 8.2.1 If the certificate is ordered revoked pursuant to Item 8.2, the certificate holder shall be denied any tax credit under this IRR in connection with such facility after the date when the order of revocation becomes final. Thereafter, all taxes shall become due and demandable in favor of the government.

8.2

SECTION 9 REQUIREMENTS
9.1 The applicant and his designer may provide the following requirements within the period indicated in Section 22 for the phase-in implementation. After such period, these requirements shall be complied with. The Local Building Official shall check the submittals from the applicant if any of the following is adopted by the applicant. 9.2.1 Use of renewable energy 9.2.2 Installation and use of insulation and energy reduction and efficiency mechanisms; 9.2.3 Solid waste and waste water treatment schemes; 9.2.4 Incorporation of green building features; and 9.2.5 Reduction systems for greenhouse gases and other volatile organic compounds. Under the Quezon City Green Building Rating System (QCBRS), the applicant shall comply with the following submittals. For detailed parameters, refer to Annex A. 9.3.1 Land/ Sites Sustainability. The applicant shall provide a mandatory master plan of ways to be implemented on how to control soil erosion, waterway sedimentation and control airborne dust generation during the construction. The applicant may submit in addition to mandatory
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9.4

requirement any, several or all of the following elective requirements at proposed site for additional points. The data is divided into Site Selection from Flooding, MixedUse Neighborhood Center, Community Connectivity, Transportation, and Greenery for Landscape/Hardscape, Green Roof and Storm Water Management. 9.3.2 Energy Efficiency. The applicant shall provide a mandatory installation and use artificial and efficient lighting as part of the energy efficiency plan. The applicant may submit in addition to mandatory requirement any, several or all of the following elective requirements at proposed site for additional points. The data is divided into Building Envelope Design, Airconditioning System, Natural Ventilation, Electric Consumption Reduction and Renewable Energy. 9.3.3 Water Efficiency. The applicant shall provide a mandatory installation and use of water efficient fixtures. The applicant may submit in addition to the mandatory requirement any, several or all of the following elective requirements at proposed site for additional points. The data is divided into Water Use Reduction and Use of Greywater or Rainwater. 9.3.4 Materials and Resources. The applicant shall provide a mandatory installation, operation and maintenance of Material Segregation Facility. The applicant may submit in addition to mandatory requirement any, several or all of the following elective requirements at proposed site additional points. The data is divided into Construction Waste Management, Materials Reuse, Rapidly Renewable Materials, Waste Diversion/Reduction and Refuse Disposal Equipment. 9.3.5 Indoor Environment Quality. The applicant shall provide a mandatory compliance to minimize exposure of the building occupants, indoor surfaces or finishes, and ventilation air distributions systems to Environmental Tobacco Smoke (ETS). The applicant may submit in addition to the mandatory requirement any, several or all of the following elective requirements at proposed site for additional points. The data is divided into Indoor Air Quality (IAQ) Performance, Construction IAQ Management Plan, Low Volatile Organic Compounds Emitted Materials and Refrigerant Management. 9.3.6 Sewage Treatment Plant. The applicants of building project for new construction or retrofitting of existing building shall install, maintain and operate sewage treatment. The process of certification shall begin with the initial preparation and planning and throughout the lifespan of the facility or structure.

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SECTION 10 EXEMPTIONS
The requirements of the provisions of the IRR may be waived in favor of the properties, facilities or structures, provided, the exemption shall not be used to circumvent any safety, health or environmental requirements. 10.1 The Local Building Official may exempt the certification of a building project in accordance with Item 4.2.3 if it is deemed that the cost of compliance sufficiently exceeds the life-cycle cost savings. 10.1.1 The life cycle cost of a building project with a service life may be defined as "the total cost of ownership of the item over the service life of the item. 10.1.1.1 Included in the life cycle cost would be the original manufacturing or construction cost, maintenance and repair costs over the service life, operational costs, replacement cost, cost of money, and any salvage value the item may have. 10.1.1.2. The evaluation analysis of a building or buildings uses life cycle costing to evaluate the various alternatives considered in selecting the rating. 10.1.1.3 The principles of engineering economy are readily applied to this selection process as a method of expressing all of the total ownership costs on an equal basis of comparison. To make these comparisons all costs must be equated on an annual cost basis or on a present worth basis. Engineering economics does this through mathematical equations that recognize the time value of money. 10.1.1.4 It shall be the sole responsibility of the applicant to select for the greenest features of the building. The applicant, whose building project is given exemption, shall follow the provisions of Section 9, and comply with the QCBRS to the maximum extent possible such that the cost of compliance does not sufficiently exceed the building's life-cycle cost savings. Where the plans of any building works or proposed building works have been approved by the Local Building Official to depart or deviate from the approved plans, the architect or professional engineer shall ensure that the building works (with such departure and deviation) are still designed with physical features or amenities, and may be carried out using methods and materials, so that the total score is not less than the minimum Green Point score applicable to those building works.

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RULE III SEWAGE TREATMENT PLANT

SECTION 11 INSTALLATION OF SEWAGE TREATMENT PLANT
All applicants of building project for new construction or retrofitting of existing building to comply with the IRR provisions for Green Building are required to install, maintain and operate sewage treatment. This shall be incorporated in the building plans for construction within territorial jurisdiction of Quezon City. 11.1 11.2 The applicant shall provide a system of treatment from all its buildings for the filtration of the sewage discharge. Whenever, any existing sewage treatment system is found to have less the required effluent discharge of 30cu.m. per day, then Section 13 provisions shall not be applied, provided, the exemption shall not be applied to manufacturing establishments and wet markets and/or used to circumvent any safety, health or environmental requirements.

SECTION 12 COMPUTATION OF EFFLUENT DISCHARGE

The following shall be the basis of computation for discharge: 12.1 Basic consideration in the implementation of this article shall be Effluent Discharge of more than thirty cubic meters (30cu.m.) per day in accordance with the Section 5, Note 4 of the Department of Environment of Natural Resources Administrative Order No. 35 Series of 1990. Effluent discharge shall be computed based on the following table: Water Consumption (L/person/day) 200 Lodging Houses Hospitals Schools Malls Office Buildings IT Buildings Industrial Buildings 165 60 8 12 100 100 Automatic STP Compliance 2pax/room 80% 80% 80% 80% 80% 80% 80%

12.2

Buildings/ Structures Hotels/Apartelle/

Occupancy

% of Water Discharge

41pax/7 m2 1pax/5 m2

12.3

At least forty percent (40%) of the total floor area shall be allocated for effluent discharge.
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SECTION 13 GUIDELINES OF IMPLEMENTATION

13.1 All new buildings or structures with commercial value and with effluent discharge of more than thirty (30) cubic meters per day as computed using the parameters set forth in Section 11 and 12 of this IRR shall be required to install, maintain and operate a sewage treatment plant. All old buildings or structures with commercial value and with effluent discharge of more than thirty (30) cubic meters per day as computed using the parameters set forth under Section 12 shall be required to install, maintain and operate a Sewage Treatment Plant within a period of three (3) years after the approval of this Ordinance. All new government owned buildings or structures with effluent discharge of more than thirty (30) cubic meters shall be required to install, maintain and operate STP. All old government owned buildings or structures with effluent discharge of thirty (30) cubic meters a day shall be required to install, maintain and operate STP, is given a period of three (3) years to comply with the provisions of this Ordinance. All new industrial buildings/structures regardless of volume of discharge shall be required to install, maintain and operate a Sewage Treatment Plant. All old industrial buildings regardless of effluent discharge shall be required to install, maintain or operate a Sewage Treatment Plant. All markets regardless of effluent discharge shall be required to install, maintain and operate a Sewage Treatment Plant.

13.2

13.3

13.4

13.5

13.6

13.7

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RULE IV GREEN BUILDING CREDIT

SECTION 14 GREEN BUILDING TAX CREDIT
14.1 The Green Building Tax Credit is hereby made available to a taxpayer for either the construction of the green building or the rehabilitation or retrofitting of a building, which is not a green building, into a green building, subject to the following terms and conditions. A taxpayer may apply for a Green Building Tax Credit provided that the facility subject to the Green Building Tax Credit is within the territorial jurisdiction of Quezon City and the applicant is the actual and lawful owner or contract purchaser of the facility at the time of erection, construction, installation or acquisition of the proposed facility. If a credit is allowed to a building owner, pursuant to this Section with respect to the property, and such property or an interest therein is sold, the credit for the period after the sale, which would have been allowable under this Section to the prior owner, shall be allowable to the new owner. Credit for year of sale shall be allocated between the parties on the basis of number of days during such year that the property or interest was held by each. Notwithstanding any other provision of law to the contrary, in the case of allowance of credit under this Section, to a successor owner, as provided under Item 14.1 or 14.2 of this Section, the City Treasurer and the City Assessor is hereby authorized to reveal to the successor owner any information, with respect to the credit of the prior owner, which is the basis for the denial in whole or in part of the credit claimed by such successor owner.

14.2

14.3

14.4

SECTION 15 CREDIT COMPONENTS

A tax credit incentive is hereby established to encourage the construction, retrofitting and maintenance of Green Infrastructure under the following schemes: 15.1 Green Building Tax Credit. A taxpayer is eligible for Green Building Tax Credit against a tax due: Provided, that they comply with the requirements of Section 5 and; Provided, further, that the building owned or occupied meets the requirements of an eligible building as set forth in Section 9. The following shall be basis of computation: GBTC = RPT * Factor Where; GBTC = Maximum amount Green Building Tax Credit RPT = Real Property Tax (on Improvement/ Structure)
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Factor = 15, 20 or 25%, Depending on the Green Point score (see Annex C) 15.1.1 Green Whole-Building Credit Component - The whole-green building component shall be available to a taxpayer for either the construction of a green building or the rehabilitation of a building, which is not a whole green building, into a green building. The whole greenbuilding component may not be allowed for any taxable year unless all the requirements under Section 9 are met, and the whole building is certified by the Local Building Official: Provided, however, that in no case shall the credit be more than twenty-five percent (25%) of the total amount of Real Property Tax on Improvement/Structure due for the same taxable year, under the provisions of Ordinance No. SP-91, S-1993, as amended. For the Green Whole Building, such credit component shall not exceed the maximum amount specified in the Preliminary Certificate issued pursuant to Section 5. Provided, that the credit may be availed of only once within the five (5) years duration within which to avail of the credit provided for under this Ordinance.

15.2

SECTION 16 RESTRICTIONS
The Green Building Tax Credit may not be allowed for any taxable year unless all of the following are met. 16.1 The whole building has achieved the desired rating under the minimum standards, rules and regulations, as prescribed by the Environmental Protection and Waste management Department, the City Planning development Office and the Local Building Official: Provided, however, that rating standards to be used in the grant of the Green Building tax Credit shall not be limited to the amount of floor space or the square footage of the building; The taxpayer has obtained and filed a preliminary certificate issued pursuant to Section 5 of this Ordinance; 16.2.1 The building is actually in service, as shown by a Certificate of Occupancy; 16.2.2 For Green Whole Building eligible to receive credit in Section 15, once construction is complete and an occupancy certificate is received, such credit component amount shall be allowed only for a non-extendible period of three (3) succeeding taxable years provided the taxpayer obtains a final certificate that meets all the requirements in Section 7. 16.2.2.1 Preliminary tax credit shall take effect within the maximum three (3) years construction period and shall include prescribed coverage and the total maximum credit allowed.
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16.2

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Application of tax credit shall be after the final completion of the project for only once within the two (2) remaining years as stated in the Ordinance. 16.2.3 The taxpayer shall file the eligibility certificate and the preliminary credit component certificate, with the claim for credit. Allowable costs under this Section and for the number of years that the credit is made available shall not exceed, in the aggregate, the amount determined pursuant to Section 14 of IRR-1.

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RULE V - FINAL PROVISIONS

SECTION 17 CARBON CREDITS
To access Carbon Credits, within five (5) years from the approval and implementation of the provisions of this ordinance, the city government is hereby authorized to negotiate, enter into, undertake, implement or establish, whether singly or under joint venture agreements, with reputable domestic or international organizations, greenhouse reduction projects. Commercial, industrial and large-scale emitters or consumers shall be allotted carbon credits which they may undertake or offer for sale or acquisition, their unused allowances: Provided, however, that emitters who are about to exceed their quotas, may acquire or buy third-party surplus quotas, in a public document. Provided, further, in case demand for energy grows over time, the total emissions shall stay within the cap. The emissions cap provided under this section shall be jointly determined, provided for and implemented by the Environmental Protection and Waste Management Department and the City Planning and Development office The emission cap shall provide industries or stakeholders reasonable degree of flexibility and predictability in its planning to accommodate their energy requirements. The city government is also authorized to participate and negotiate with countries or international organizations dealing in the International Emissions Trading (IET) of accumulated carbon credits to cover for surpluses or shortfalls in allowances pursuant to the provisions of the Kyoto protocol. 17.1 The mechanism for the administrative implementation of the provisions stipulated in this Section shall be covered in detail in an addendum and all such provisions shall comply with the Ordinance and the IRR.

SECTION 18 APPLICABILITY OF EXISTING MINIMUM STANDARDS, PROHIBITED ACTS AND PENAL PROVISIONS
The minimum standards as itemized in Annex G and provided under Republic Act Nos. 8749 (Clean Air Act of 1999), 9275 (Clean Water Act of 2004), 9003 (Ecological Solid Waste Management Act of 2000) and 9211 (Tobacco Regulation Act of 2003) and other legal issuances, administrative directives or orders, policies, implementing rules and regulations issued by the Department of Environment and Natural Resources, Environmental Management Bureau, Laguna Lake Development Authority, National Solid Waste Management Commission, UNDP-Department of Energy Manual of Practice on Efficient Lighting, Philippine Electrical Code, DOLE Occupational Safety and Health Standards, National Plumbing Code, shall serve as
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the basis for the implementation of the policies and directives under this IRR especially on the treatment, handling, disposal and reduction of waste water and solid waste, whether of domestic, bulk or commercial volume. The minimum requirements of the Green Roof under Section 9 shall be referred to QC Ordinance No. SP-1940 Series of 2009 (See Annex H, ORDINANCE REQUIRING ALL NEW BUILDING AND HOUSING
CONSTRUCTION TO PLANT AND MAINTAIN VEGETATION IN THEIR ROOFTOPS).

SECTION 19 AMENDATORY AND REPEALING CLAUSES

Any other issuance, executive order, administrative order, proclamation, rule or regulation and/or parts thereof contrary to or inconsistent with the provisions of this IRR is hereby amended, repealed or modified accordingly . This IRR is subject for review and/or amendment after three (3) year period upon roll-out and/or as necessary.

SECTION 20 SEPARABILITY CLAUSES

If for any reason or reasons, any provision in this IRR, is declared invalid or unconstitutional by a court of competent jurisdiction, the remaining parts thereof not affected thereby shall continue to be in force and effect.

SECTION 21 TRANSITORY AND EXCLUSION CLAUSE

21.1 This shall denote that before the effectivity of this IRR, activities shall continue with regards to evaluation of building permits, real property tax payments and building inspections until the adoption of the IRR. The following Sections under Article III for Green Vehicles of the Ordinance shall be incorporated in other Rules and Regulations; hence, these shall not be covered in this IRR Part 1 for Green Infrastructure: Application, Preferred Fuel, Administrative and Penal Provisions. Processing of applications for all other classifications of buildings which are not identified in Item 4.1.1 shall not be covered under this IRR Part 1 but maybe provided for under future amendment. Sections for Tax Discount and Evaluation Committee shall not be covered under this IRR but maybe provided under next IRR.

21.2

21.3

21.4

SECTION 22 EFFECTIVITY CLAUSES

This IRR shall take effect thirty (30) calendar days following its complete publication in a newspaper of general circulation. 22.1 Implementing schedule shall be as follows:
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