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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C3-54. Administrative procedures.

(a) The procedures for compliance may include, but not be limited to, the following:

(1) Building plan check review. Any submittal of an application for a building permit for any covered project shall include a green building project checklist. This checklist shall be incorporated onto a separate plan sheet included with the building plans. A qualified green building professional shall provide evidence of adequate green building compliance to the compliance official to satisfy the requirements of the standards of compliance set forth in Section C3-53, prior to issuance of a building permit.

(2) Final building inspection, verification, and occupancy. Prior to final building inspection and occupancy for any covered project, a qualified green building professional shall provide evidence of green building certification, to the compliance official to satisfy the requirements of the standards of compliance set forth in Section C3-53.

(3) Final determination of compliance. Prior to final building inspection for a covered project, the Compliance Official shall review the documentation submitted by the applicant and determine whether the applicant has achieved the required compliance as set forth in the standards for compliance under Section C3-53. If the Compliance Official determines that the applicant has met the requirements of Section C3-53, the final building inspection may proceed, provided the covered project has received all other required applicable approvals. If the Compliance Official determines that the covered project has not met the requirements of Section C3-53, the Compliance Official shall find one of the following:

i. Substantial compliance. An applicant may submit evidence showing that the applicant is unable to immediately meet all of the requirements of Section C3-53 but will meet all necessary requirements within a six-month period. Upon this submission (and provided all other applicable requirements have been met) the Compliance Official may issue a temporary certificate of occupancy for a six-month period within which the applicant must meet all of the requirements of Section C3-53. Circumstances under which a temporary certificate of occupancy may be issued include, but are not limited to: installation of, or compliance with all green building measures as required under Section C3-53 but green building certification has not occurred or been processed, and the unavailability of green building materials. An additional six month extension may be granted at the discretion of the Compliance Official. The total extension term shall not exceed one year. If the applicant meets the requirements of Section C3-53 within this extension period (as determined by the Compliance Official), final building inspection may proceed. If the applicant does not meet the requirements of Section C3-53 after the total one-year extension period has run out, the Compliance Official may revoke the temporary certificate of occupancy and the project shall be classified as a non-compliance project.

ii. Non-compliance project. If the Compliance Official determines that the covered project does not meet the requirements of Section C3-53 and is not in substantial compliance (as specified above), the covered project shall be determined to be a non-compliance project, and the final inspection for this project shall not occur until the project is brought into full compliance with Section C3-53 (provided all other applicable requirements have been met).

(4) Lack of inspectors. If the Compliance Official determines that there is a lack of qualified green building professionals available to perform green building inspections and/or certifications within a timely manner, the Compliance Official may, at his or her discretion, allow inspections and/or certifications by qualified employees of the County of Santa Clara, or self verification by the applicant that the project is in compliance with Section C3-53.

(b) The Director of Planning and Development shall promulgate any rules and regulations necessary or appropriate to achieve compliance with the requirements of this chapter. The rules and regulations shall provide, at minimum, for the incorporation of green building requirements of this chapter into checklist submittals with building permit applications, and supporting documents demonstrate compliance with this chapter.

(Ord. No. NS-1100.105, 12-16-08)

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