10:09:01:01.  Definitions. Terms used in this article mean:

 

          (1)  "A/E," the architect or engineer of record;

 

          (2)  "Baseline," minimum of all building construction industry standards or recommended practices;

 

          (3)  "Basis of design," the information necessary to accomplish the owner's project requirements, including: system descriptions; indoor environmental quality criteria; design assumptions; and references to applicable codes, standards, regulations, and guidelines;

 

          (4)  "Building certificate," the building project certificate issued by the rating system administrator;

 

          (5)  "Building certification document," all documentation verifying building project certification;

 

          (6)  "Building contractor," the contractor hired in accordance with SDCL chapter 5-18;

 

          (7)  "Commissioning team," includes those people responsible for working together to carry out the commissioning process;

 

          (8)  "Construction document phase," the phase of the A/E's services in which the A/E prepares plans and specifications and final bidding documents for submission to the owner for the owner's approval;

 

          (9)  "Design development phase," the phase of the A/E's services in which the A/E prepares from the approved schematic design studies the design development documents including: detailed material types, locations of windows and doors, and the construction cost estimate, for submission to the owner for the owner's approval;

 

          (10)  "High performance building standard checklist," a document approved by the rating system administrator and the OSE showing at a minimum each point or criteria to be evaluated, its status, and an explanation of the A/E's reasoning for choosing or dismissing the point;

 

          (11)  "OSE," The Office of the State Engineer within the Bureau of Administration;

 

          (12)  "Owner," owner of a state building project to include the Board of Regents, any state agency, department, or institution;

 

          (13)  "Owner's project requirements," a written document that details the ideas, concepts, and criteria determined by the owner to be important to the success of the project;

 

          (14)  "Programming phase," the phase of the A/E's services in which the scope of the work and building project programming are defined;

 

          (15)  "Schematic design phase," the phase of the A/E's services which includes: drawings of the site plans, floor plans, images, overall dimensions, and a construction estimate for submission to the owner for the owner's approval;

 

          (16)  "Simple payback," measurement of the elapsed time between initial investment and the amount of time required for positive cash flows to equal the total investment costs;

 

          (17)  "Rating system administrator," the organization responsible for the development and administration of the rating system.

 

          Source: 34 SDR 323, effective July 3, 2008; 41 SDR 218, effective June 30, 2015.

          General Authority: SDCL 5-14-38.

          Law Implemented: SDCL 5-14-38.

 

          10:09:02:01.  State building project certifications. The following steps must be taken to certify a project as a high performance building:

 

          (1)  The OSE shall designate the high performance building standard to be used on the project;

 

          (2)  The owner shall submit the owner's project requirements to the OSE and A/E during the programming phase;

 

          (3)  The A/E, at the request of the OSE shall complete and present an approved high performance building standard checklist to the owner and OSE;

 

          (4)  The A/E shall submit the initial basis of design to the owner and OSE no later than the completion of the schematic design phase;

 

          (5)  The A/E shall submit an OSE approved energy model to the owner before completion of the design development phase verifying the required energy optimization performance credits are achievable;

 

          (6)  The owner, OSE, A/E, commissioning team, and building contractor shall complete all the procedural requirements designated in the standard in the time frame required;

 

          (7)  A copy of the original building certification document must be submitted to the OSE within 90 days of certification;

 

          (8)  OSE shall keep the building certification document on file for the lifetime of the building; and

 

          (9)  A copy of the building certificate may be kept on file by the owner.

 

          Source: 34 SDR 323, effective July 3, 2008; 41 SDR 218, effective June 30, 2015.

          General Authority: SDCL 5-14-38.

          Law Implemented: SDCL 5-14-38.

 

          10:09:03:01.  Terms and conditions for granting waivers. OSE may waive high performance building standard certification for any of the following circumstances:

 

          (1)  Twenty or fewer persons will permanently occupy the building in a 24 hour period;

 

          (2)  A 15-year payback cannot be met as defined in § 10:09:04:01;

 

          (3)  If the building is listed on the national register of historic places and reasonable justification is given to indicate that achieving a high-performance green building standard will significantly impair the original architectural intent of the building;

 

          (4)  Less than fifty percent of the total square footage of the building is planned to be renovated within a three-year period; or

 

          (5)  Extenuating circumstances may include:

 

               (a)  Special use building projects;

               (b)  Temporary use state building projects; and

               (c)  Other circumstances that may prohibit high performance building construction or to be contrary to the best interest of the State of South Dakota.

 

          Source: 34 SDR 323, effective July 3, 2008; 41 SDR 218, effective June 30, 2015.

          General Authority: SDCL 5-14-38.

          Law Implemented: SDCL 5-14-34, 5-14-38.

 

          10:09:05:01.  Required LEED Credits. If the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) is used as the high performance green building standard for the building project, the following credits must be achieved for building certification:

 

          (1)  A minimum of one point is required in the energy and atmosphere credit optimize energy performance category; and

 

          (2)  All available points are required in the energy and atmosphere credit enhanced commissioning.

 

          Source: 41 SDR 218, effective June 30, 2015.

          General Authority: SDCL 5-14-38.

          Law Implemented: SDCL 5-14-36, 5-14-38.

 

          10:09:05:02.  Ineligible LEED Credits. If the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) is used as the high performance green building standard for the building project, the following credits may not be included for building certification, unless specifically authorized as provided:

 

          (1)  Energy and atmosphere credit green power and carbon offsets;

 

          (2)  Location and transportation credit green vehicles;

 

          (3)  Materials and resources credit building product disclosure and optimization -- Material ingredients; and

 

          (4)  Location and transportation credit bicycle facilities unless written approval is granted by the OSE because the credit is intrinsic to the building project programming. Such approval may be granted only before completion of the schematic design phase.

 

          Source: 41 SDR 218, effective June 30, 2015.

          General Authority: SDCL 5-14-38.

          Law Implemented: SDCL 5-14-38.