Regulation of the State Minister for the Environment No. 08/2010 on the criteria and certification of green buildings

lA THECRITERIA ANDCERTIFICATIONOF GREENBUILDINGS (Regulation of the State Minister for the Environment No. 08/2010 dated January 19, 2010) niEsrATEMINJSTERFORTlEENVIRONMENT, Considering: a. that pursuant to Article 63 paragraph (1) letter b ofLaw No. 32/2009 on the Protection and Man agement of the Environment, to protect and manage ~he environment the Government has the authority to set norms, standards, proce dures and criteria; b. that the Government needs to encourage and facilitate the initiatives of stakeholders in mak ing an effort to mitigate and adapt to climate change by managing greenbuildings; Co that based on the considerations in letters a and b, it is necessary to stipulate a Regulation of the state Minister for the Environment on the Criteria and certification ofGreenbuildings; Inviewof: 1: Law NO.28/2002 (8NNo. 6908pages25A-30A) on Buildings (statute Book o{ 2002 No. 134, SUpplement to statute Book No. 4247); 2. Law No. 18/2008 (8NNO. 7729pages11A-27A and so on) pn Garbage Management (statute Bookof2008 No. 69, SUpplementto Statute Book No. 4851); 3. Law No. 32/2009 (8NNo. 7933pages11A-27A andso on) on the Protection and Management BuSinessNews7996/8-20-2010 of the Environment (Statute Book of 2009 No. 140, SUpplement to statute Book No. 5059); 4. Presidential Instruction No. 2/2008 on Energyand Water Retrenchment; 5. Decree of the PublicWorks MinisterNo. 10/2000 on Technical Provisions on the safeguarding of Buildings and the Environment against the Dan ger of Fires; DECIDES: To stipulate : REGUlATIONOFTHEsrATEMINISTERFORTHEENVI RONMENTONTHE CRITERIAAND CERTIFICATION OF GRfBIIll m DJNGS. OtAPTERI GENERAlPROVlSlONS Article 1 Referred to in this Ministerial Regulation as: 1. Greenbuilding is a building applying environmen tal principles in itsdesign, construction, opera tion and managementand significantaspects of handling the impactofclimate change. 2. Environmental principle is a principle which gives priority and pays attention to the elements of . environmental conservation. 3. Water resource conservation Is an effort to maintain the exjlteJgand iUJtainilbilltyofthe condition, nature a~d function of water re sources to ensure that it will always be avail able ill adequate quantity and quality to meet the need of creatures, at present and In the future. 4. Microdimate isa zone in the local atmosphere whose dimate is different from that of Its envi rons. 5. Ozone-depleting substance is a chemical com pound that has the potential to react with ozone molecule in the stratosphere layer. 6. Re-use is an effort to re-use waste and/or trash without physical, chemical or biological treatment. 7. Building operator is a building owner or user constituting an indiVidual, a group of individu als, or a corporate body as a lawfUl building owner or a proxy to use and/or manage the building or partsofthe building according to the specified function. 8. Minister is the minister responsible for govern mentaffairs in the protection and management of the environment. Article 2 This ministerial regulation is aimed at en couraging building operators to construct and/or manage buildings by applying environmental prin ciples and significant aspects in handling the impact of climate change. Article 3 The scopeof this ministerial regulation cov ers: a. crileriaofgreenbulldings; BusII1ess l'teINs7996/8-20-2010 2A b. certification ofgreenbuildlngs; and c. registration ofgreenbuilding certification insti tutes. OW'IERD CRIlBUAOFGRfENBUILDJNGS Artide4 Buildings can be categorized as greenbuildings ifthey meet criteria including: a. using greenbulldlng materials covering: 1. building materials with eco-Iable certificates; 2. local buildillg materials. b. having facilities and infrastructures for water resource conservation, found inSide the build Ings, including: 1. having a quantifiable water use system; 2. using water resources by observing water resource conservation efforts; 3. having a rainfall use system. c. having energy conservation and diversification facilities and infrastructures, including: 1. using alternative renewable energy sources with low greenhol.lse gas emissions; 2. using an artificial lighting and air condition ing system with low energy. d. using materials other than ozone-depleting sub stances in the bUildings including: 1. using refi"lgerant other than ozone-deplet ing substance for air conditioning; 2. equipping the buildings with fire extinguish ers using materials other than ozone-deplet ing substance. e. having domestic waste water processing facili ties and infrastructures in the buildings indud Ing l 1. eqllipping..... 1. equipping thebuildingswith a dornesticwaste water processing system in the buildings functioning as business sites and having spe cial functions; 2. equipping the buildingswith a domesticwaste water re-use system in the buildings func tioning as busines sites and having special functions. f. having trash sorting facilities; g. observing the health ofoccupants including: 1. providing a clean air circulation system; 2. making a maximum use ofsun ray. It. having sustainable site management facilities and infrastructures including : 1. equipping the buildingswith green openspace as park and bio conservation, rain water catchment and parking lot; 2. considering the variables ofmiao climate and climate change; 3. haVing a building management plan accord ing to spatial layout; 4. managing the buildings according to a plan; and/or L having facilities and infrastructures to antici pate disasters including: 1. having an early warning system for disasters and climate change-related disasters such as floods, typhoon, hurricane, landslide and sea water surface rise; 2. usingbuilding materials resistanttoextreme climate or weather including high rain inten sity, drought and rising temperature. OiAPIERm CERIIFlCAlIONOFGREENIllIDDINGS Article 5 (1) Any building operator can apply for a certificate tllNenbuilding. B I"••NeWS 7996/&-200-2010 :fA (2) The certificate of greenbuilding as referred to in paragraph (1) shall be issued after certifica tion is conducted by greenbuilding certification institute. (3) The certification ofgreenbuilding as referred to in paragraph (1) covers the follOWing activities; a. assessment; and b. issuance of certificate. (4) The certificate of greenbuilding as referred to in paragraph (1) shall be valid for 2 (two) years and can be extended. Article 6 (1) The certification institute as referred to in Ar ticle 5 paragraph (3) shall meet the require ments: a. legal entity; b. having a qualitymanagement system, includ ing that to control the use of certificate; Co having a competent appraiser in the field of greenbuildings; d. having or using a conformity assessmentsys tem;and e. having the mechanism ofhandling complaints as contained iA Attachment which is an inte gral partofthis ministerial regulation. (2) The conformity assessment as referred to in paragraph (1) letter d shall be drawn up based on the criteria as referred to in Article 4 and shall secure approval from the Minister. (3)The certification institutes as referred to in Ar ticle 5 paragraph (2) shall : a. provide data base for buildings that have Ql~tllIorgreanbulldingsi b.provide..... b. provide public information on the certifica tion ofgreenbuiJdingsi and c. evaluate bUildings that have certificates of greenbuildings at least once every year. Artide7 The assessment as referred to in Article 5 paragraph (3) letter a shall be based on : a. criteria of greenbuildings as lel'eiled to in Ar tide 4; and b. requirements of conformity a 5sment set by certification institutes. Article 8 (I) Certification institutes can pro.-e greenbuilding conformity assessment systems to the Minister. (2) Greenbuilding conformity assessmentsystems can bedeveloped based on the elementsoftheir I espective criteria. (3) certification systems can be developed for one or several elements of criteria using appropri ate assessment systems. (4) The alteration and/ or addition ofgreenbuilding assessment systems as referred to in paragraph (I) up to paragraph (3) shall secure approval from the Minister. OfAPTERIV REGbIRAllDNOFGREENIlUIl.DlNG CERIIFICATIONIN5II1U'IES Article 9 (I) Greenbuilding certification institutes that have met the requirements as referred to in Artide 5 paragraph (2) shall register with the State Min istry of theEnvironment. Business News 7996/8-20-2010 (2) The State Ministry ofthe Environment shall is sue registration cards to the certification insti tutes as referred to In paragraph (1). (3) The State Ministryofthe Environment shall pro vide public information on certification institutes registered and/or haVing their registration cards frozen/revoked. (4) The public information as referred to in para graph (4) shall cover: a. number and date of registration; b. identitiesofgreenbuilding certification insti tutes, induding branch offices; c. scopeofcertificatlonj II. responsible operators; and e. list ofappraisers. CHAPfERV DEVELOPMENTANDOONTROL Article 10 The Ministershall develop greenbuilding cer tification institutes by : a. proViding information on the criteria and ele ments of the criteria of greenbuildings; b. giving packagesofbasic information for the de velopment and control ofcertification institutes; and/or c. improving the capacityofgreenbuilding certifi cation institutes. Article 11 (I) The Minister shall control greenbuilding certifi cation institutes by : a. monitoring and evaluating certification at least once every year; b, foIlowjnq.,,,.~ b. following up on the handling of complaints filed by certification institutes. (2) The handling as referred to in paragraph (1) let ter bshall follow the mechanismofhandling com plaints as referred to in Artide 6 peragraph (1) letter e. Artlde12 (1) In managing greenbuildings, the Ministerhas the authority to : a. freeze the registration ofgreenbuilding cer tification institutes failing to meet the re quirements as referred to in Article (6) para graph(l); b. revoke the registration ofgreenbuilding cer tification institutes that has been frozen if they remain unable to meet the requirements as referTed to in Artide (6) paragrapb (1). (2lIn the state of having their registration frozen and revoked as referred to in paragraph (1) greenbuilding certification institutes are banned from conducting certification as referred to in Article 5. (3) The Minister shall inform the public of the sta tus of the registration of greenbuilding certifi cation institutes being frozen and/or revoked. OtAPTERVI WB45ES Article 13 (1) All expenses arising from the certification as BusinessNews 7996/8-20-2010 !oA referred to in Article 5 shall be borne by appli cants for certificates. (2) All expenses arising from the registration as referred to in Article 9 shall be borne by appli cants for registration. (3) All expenses arising from the development and control as I eferred to In ArtIcle 10 and ArtIcle 11 shall be borne by the state Budget. OtAPTERW TRANSI11ONALPROVISlONS Artide14 The certificates of greenbuildings issued before this Ministerial Regulation is put into force shall adjust to this Ministerial Regulation no later than 1 (one) year after the stipUlation date of this Ministerial Regulation. CHAPl1!RVDI CXlNC1U5lON Article 15 This Regulation shall come into force as from the date of stipulation. S1Ipulated InJakllrta on January 19, 2010 THESTA1l:MlNlSlEROFTHEENVIRONMENT, sgd. PROF. DR. JR. GUSTl MUHAMMADHATTA, MS ATTAQtMENTw"" 6A ATTAOiMENT COMPl.AlNTSHANDLINGMEOIANISM Report of The state Ministry for the Environment ~ handling complaints..................................................... 3 4 Mediation ••~ •••• 'I ...•. I •••• I 1b ....COpies ofcomplaints I.•••• I ..... I •••• I ~ I... s" .... - - •• ~ •• - - - .••• - - •••••• -0 - ••• .0 .0•• . ••• •••••••• Response or settlement of complaints Holdersor would-be holders of certidicates of greenbuildings Greenbuilding certification institutes complaints! IResponse 1a 2 Notes : 1. Complaints a. Holders or would-be holders of certificates of greenbuildings can file complaints to greenbuilding certification institutes with regard to greenbuilding staRdards. b. Holders or would-be holders of certificates ofgreenbuildii1gs send copies of their complaints tottle . State Ministry for the Environment. 2. Greenbuilding certification institutes respond to complaints and settle the complaints. 3. Certification institutes report the handling ofcomplaints to the State Ministry for the Environment. 4. The State Ministry for the Environment, if considered necessary, can mediate the handling of com plaints and take measures. 5. The State Ministry for the Environment, if considered necessary and those filing complaints are not satisfied at the settlement of complaints by certification institutes, can respond to and settle the complaints directly to those filing the complaints. THESTATE MINISTERFORTHE ENVIRONMENT, sgd. PROF. DR.IR. GUm MUHAMMADHATTA,MS ===( S }=== Bus/nessNews 7996/8-20-2010