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56 In Search of Seed FundingNurturing a New Lending Rationale

VOL. 27 NO. 4 • July 2012

C a n a d a ’ s P r e m i e r m a g a z i n e f o r B u i l d i n g o w n e r s a n d m a n a g e r s

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CiviC rivalries have traditionally been contested through business clout, cultural influence, distinctive landmarks, festivals, sports and extreme weather comparisons, but local boosters are now turning to an additional and more easily manipulated tool: “Best City” rankings.

A recent proliferation of such rankings mirrors other urban growth trends. The result is subjectivity sprawl as a multiplicity of rival assessments of randomly chosen factors and attributes encroaches into the [green]field of objective analysis.

There are few standards for measuring or even choosing what to measure. So while it’s interesting to look at the approaches and findings of any specific list (indeed, we often report such items in Canadian Property Management’s e-News, www.canadianpropertymanagement.ca/ENewsArchives.aspx), there is no way to compare different lists, verify any city’s standing and/or peg its overall performance against another’s.

Even if the metrics of all the various Best City rankings were standardized and third-party verified, consumers of the results would still filter them through their own tastes, familiarities and biases. For the residents of any particular city, the findings ultimately give rise to a speculative exercise in comparing the real experiences of where they live against the theoretical characteristics of unexplored territory. (Somewhat akin to comparing an actual spouse in the house to an idealized archetype.) It doesn’t really contribute to a true understanding of how cities differ.

Meirav Even-Har points to one such ranking in her overview of discussion at the Canada Green Building Council’s recent annual national conference and expo. The U.S. and Canada Green City Index plots 27 cities according to environmental performance and policy. It’s certainly an interesting report with a lot of good information to ponder (http://www.siemens.com/entry/cc/features/greencityindex_international/all/en/pdf/report_northamerica_en.pdf), but the approach to the rankings does raise some questions.

Analysts looked at 31 indicators in nine categories, 16 of which – according to the report’s explanation of the methodology – are quantitative. It further notes: “The remaining 15 indicators are qualitative assessments of cities’ environmental policies, aspirations and ambitions – e.g., a city’s commitment to consuming energy produced from green and local sources, the extent to which it promotes the usage of public transport and makes efforts to reduce road traffic, the ambitiousness of its waste reduction and water management policies, and the stringency of its environmental strategy.”

It’s commendable, of course, for cities to have progressive policies that provide goals, targets and guidelines for future outcomes, but perhaps those should be simple prerequisites rather than counting on par with actual achievements. Plus, when it comes to quantitative outcomes, it seems likely that Vancouver’s first place position in the category of carbon dioxide emissions per capita, for example, could be linked to provincial policies and initiatives in British Columbia as a whole.

The adage: “You can’t manage what you don’t measure” remains excellent advice, but rankings can distort or overly simplify what the measurements reveal. As with most competitive endeavours, participants will see the greatest rewards when they focus their efforts on attaining a “personal best”.

We highlight some Canadian cities, individually and collectively, in this issue. Along with Meirav’s report on local green initiatives and efforts to build partnerships with the private sector, we look at municipal revenue streams, Calgary’s real estate market and my hometown’s (Go Sens!) pending turn as host of BOMEX® 2012.

Barbara [email protected]

editor’snote

4 July 2012 | Canadian property Management

VOL. 27 NO. 4 JULY 2012

Editor-in-Chief Barbara Carss [email protected]

publisher Sean Foley [email protected]

Contributing Writers Meirav Even-Har, Michael Jouaneh, Nick Paschke, Todd Throndson

Senior Designer Annette Carlucci Wong [email protected]

Designer Jennifer Carter [email protected]

production Manager Rachel Selbie [email protected]

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Melissa Valentini [email protected]

Circulation: Lina Trunina [email protected]

Alberta & B.C Sales Dan Gnocato [email protected]

president Kevin Brown [email protected]

Accounting Manager Maggy Elharar [email protected]

TEL: (416) 512-8186 • FAX: (416) 512-8344

Published and printed (eight times yearly as follows: Feb./Mar., April, May, June/July, Sept., Oct., Nov., Dec/Jan.)by MediaEdge Communications Inc. 5255 Yonge St., Suite 1000, Toronto, Ontario M2N 6P4(416) 512-8186 Fax: (416) 512-8344 e-mail: [email protected] Rates:Canada: 1 year, $60*; 2 years, $110* Single Copy Sales:Canada: $12* Outside Canada:US 1 year, $85 International $110 *Plus applicable taxesReprints:Requests for permission to reprint any portion of this magazine should be sent to [email protected].

Copyright 2012Canada Post Canadian Publications MailSales Product Agreement No. 40063056ISSN 0834-3357

Authors:Canadian Property Management Magazine accepts unsolicited query letters and article suggestions.Manufacturers:Those wishing to have their products reviewed should contact the publisher or send information to the attention of the editor.Sworn Statement of Circulation:Available from the publisher upon written request. Although Canadian Property Management makes every effort to ensure the accuracy of the information published, we cannot be held liable for any errors or omissions, however caused. Printed in Canada

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NAFTA-based pilot project would take aim at lenders’ bias to short-term paybacks.

12 Local Tax Extras: Real estate industry pays out beyond property taxes.

14 Melding Municipal and Market Goals: Cities provide the context and some incentives for green development.

16 Safety Compliance Compensation Quest: Class lawsuit represents Ontario owners compelled to replace elevator equipment.

19 hVAC Inspection and Cleaning: Air-handling units and duct work collect, transport and redistribute contaminants.

20 Calgary’s Intertwined Markets: Oil and gas prices flow through to real estate demand.

24 BOMEX® Update: BOMA Canada’s 2012 national conference and exhibition is set for Ottawa, September 11- 13.

28 Improving Under-Floor Air Distribution: Textile ducts provide effective and flexible channels for airflow transfer and temperature control.

32 LEED points from Lighting: Occupancy sensor and time-clock scheduling offer energy-saving impact.

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greenfundamentals

ReliefGreen Risk Proposed Fund Would Offer Assurance to Appease Lenders

By Barbara Carss

Canadian property Management | July 2012 9

greenfundamentals

“The finance mechanisms used to finance real estate haven’t changed in 60 years.”

GreeN buildiNGs rely on deep pockets. The frequently cited business case emphasizes long-term operating savings and a host of intangible bonuses from marketing cachet to heightened worker productivity, but upfront costs continue to present a barrier for developers who don’t have the resources to self-fund a project.

“There are structural issues in how we finance things and that becomes a real obstacle,” Jonathan Westeinde, one of Canada’s recognized pioneering green developers, told delegates to the recent Canada Green Building Council (CaGBC) annual conference, held this year in Toronto. “There’s more than enough design expertise. There are more than enough new products. The whole idea of sustainability in the building market has been a huge catalyst to innovation, but, at the same time, the finance mechanisms used to finance real estate haven’t changed in 60 years.”

Drawing on his experience as founder of Windmill Development Group; Vice President of Ledcor Renew, a new venture targeting upgrades to existing buildings; and C h a i r o f a C o m m i s s i o n f o r Environmental Cooperation (CEC) Task Force on green building, a NAFTA-inspired, Canada-U.S.-Mexico collaboration, Westeinde outlined his frustrations with the lending status quo and promoted the Task Force’s p roposed loan guaran tee p i lo t program.

UNEVEN CONTRIBUTIONSHe argued that governments are not contributing proportionately to the rewards they reap from a more

sustainable building stock, which include resource conservation, waste and carbon emissions reductions and a healthier populace. “It’s been largely an initiative where the private sector is taking all the risks when we all know that the public is a bigger winner,” Westeinde said.

N a t i o n a l l y, t h e r e a r e f e w e r incentives available than a decade ago, while other provincial and munic ipa l p rograms – no tab ly Ontario’s green energy focus – can propel flawed decisions in order to secure funds.

“We do silly, short-term things when dealing with both existing buildings and building new because that’s how we get rewarded,” he a s s e r t e d . M e a n w h i l e , l e n d e r s predominantly look to the value of the existing asset and prioritize short-te rm paybacks ra ther than the prognosis for enhanced value through long-term returns.

“It comes down to the security conundrum,” Westeinde reasoned. “As a developer or an owner of a building, it still motivates me to build the cheapest thing I can.”

In contrast, he described a Ledcor

Renew project now underway in which the building’s owner, a pension fund, eschewed the cost minimizat ion formula to focus on how the building c o u l d m a k e t h e m o s t m o n e y. Ultimately, it was the ability to self-f u n d a m o r e c o m p r e h e n s i v e redevelopment program that gave the owner the flexibility to stray from the conventional path.

“In most of these cases, they can’t go anywhere else to get financing,” Westeinde observed.

SCALING Up pROGRAM DELIVERYThe CEC’s pending pilot is similar to Canada Mor tgage and Hous ing Corporation’s (CMHC) longstanding mortgage guarantee program and is supported with research Westeinde’s green building Task Force produced back in 2007. That study, Green Building in North America, modelled and compared ‘business as usual’, ‘green’ and ‘deep green’ forecasts for e c o n o m i c a n d e n v i r o n m e n t a l performance in new and existing construction in various sectors.

“ In the res ident ia l sec tor, in particular, there are no excuses,” Westeinde reported. “There’s no


reason why we can’t be lowering our carbon emissions and making money doing it.”

He commended the incentives and financing tools that have supported green development to date. This includes: municipal initiatives such as the Toronto Atmospheric Fund and City of Vancouver’s loan program; green mortgages; green construction loans and energy service company (ESCOs) contracts. However, he also pointed to the limitations of small scale public programs that often come with onerous application and reporting requirements; ESCOs’ bias toward the improvements that will maximize their own profits; and a general lack of expertise in lending institutions.

“It’s a bit of a black art in terms of figuring all this out,” he mused. “Green mortgages are being used more as a kind of marketing concept than as a tool in the marketplace. Most of them are getting dumbed down a bit and are really more of a preferential interest rate.”

As proposed, the CEC pilot would build on the demand for more widely available tools that could be delivered across the country or, indeed, the c o n t i n e n t , w h i l e c o n s o l i d a t i n g piecemeal incentive programs. “What happens if we took all that money, put it in a pot, and used it differently?” Westeinde asked.

The plan calls for a $10-million fund that would then be used to guarantee loans for green construction, thus leveraging $30 to $50 million of private capital. “It’s an entity that is essentially going to be underwriting it [loans] to the bank,” he explained.

With a working title of the North American Green Loan Program, he forecasts the pilot launch date for the fall of 2012 or spring of 2013.

“ O f t h e t h r e e M i n i s t e r s o f Environment, Mexico and the U.S. are far more interested than Canada right now,” Westeinde conceded. “But two [Canadian] government agencies are sitting there with money in the bank for reducing carbon footprint and don’t know what to do with it yet.” zz

For more information about the Commission for Environmental Cooperation’s Green Building Task Force, see the web site at http://www.cec.org/Page.asp?PageID=1293&SiteNodeID=341

greenfundamentals

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“What happens if we took all that money, put it in a pot, and used it differently?”

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Proper ty taxes , user fees and intergovernmental transfers remain the primary sources of revenue for Canada’s municipal governments. However, an increasing number of jurisdictions rely on other discretionary taxes to augment revenue. For example, Toronto’s land transfer tax, which was adopted following contentious public and Council debate, underpins that City’s surprise year-end budget surplus for 2011. The following excerpt from a recent report from the Federation of Canadian Municipalities summarizes various taxes with an impact on the real estate industry – Editor

reveNues froM discretionary taxes tend to be generically lumped into the category of “other taxes” and are marginal compared to the dollars that property tax generates. In 2008, for example, property tax accounted for 49.5% of municipal revenues, while other taxes contributed 1.4%. Nevertheless, revenues from other taxes exhibited the largest annual average growth rate – at 3.2% – in the 20-year period since 1988, and reflect innovation at the municipal level in raising revenues.

Development ChargesDevelopment charges are permitted for all municipalities in British Columbia, Alberta, Saskatchewan and Ontario. Not every municipality in each of these provinces, however, levies development charges. They tend to be common in urban municipalities that are experiencing growth, and are used much less frequently in smaller rural and slow-growing urban municipalities.

In Ontario, the 1997 Development Charges Act authorized municipalities to pass by-laws with a view to recovering

capital costs incurred to provide services to new residential and non-residential developments. Ontario is the only province with separate legislation for development charges.

All municipalities in British Columbia are permitted to levy development charges, and must implement such charges by by-law as permitted under the Local Government Act. Many B.C. municipalities levy development charges. Vancouver can charge these costs under the Vancouver Charter.

Under the Municipal Government Act, municipalities in Alberta have the authority to charge redevelopment levies and off-site levies. Until recently, these levies were only used by the larger cities, but growth in many urbanized areas has led to an increase in the number of municipalities (both large and small) that now rely on development and off-site levies to finance eligible growth-related capital infrastructure.

Development or infrastructure charges are also used for a limited range of growth-driven infrastructure in Halifax Regional Municipality – known as “capital-cost contributions” – but not in other municipalities in Nova Scotia.

Municipalities in Saskatchewan are permitted by by-law to levy infrastructure charges. Special infrastructure charges are used by two or three of the larger, rapidly growing urban municipalities in Newfoundland and Labrador. They are

used by the City of Winnipeg under the City of Winnipeg Charter, but are not levied in other municipalities in Manitoba.

Land Transfer TaxesMunicipalities in Quebec levy an amount on the sale of immovable property – new or existing – within their territory. The amount, officially known as the “duty” on transfers of immovables, is commonly referred to as the Welcome Tax and is paid by the purchaser.

Toronto levies a Municipal Land Transfer Tax on purchases of all properties in the City of Toronto, in addition to Ontario’s provincial Land Transfer Tax.

In Nova Scotia, municipalities can levy a deed-transfer tax up to a maximum rate set by the province. Halifax Regional Municipality levies a deed-transfer tax, but not all municipalities in Nova Scotia require it.

Sign TaxSince 2010, Toronto has levied a Third-Party Sign Tax (see page 13). In Winnipeg, the Outdoor Advertising Tax is levied in lieu of the annual Business Tax paid by all other businesses operating in Winnipeg. The Outdoor Advertising Tax in Montréal is a flat rate per advertising face, favouring large signs over small ones.

The City of Edmonton imposes an application fee for erecting a free-standing

Real Estate a Target for Discretionary Municipal Taxes


taxes&fees

Bevy of Levies

business ident i f icat ion s ign for commercial, industrial and institutional buildings that are located on city rights-of-way. In addition, it charges a licensing fee as a percentage of market value, as well as an annual renewal fee.

parcel TaxMunicipalities in British Columbia levy a parcel tax on any designated area of land that does not include a highway. Parcel taxes are often used instead of, or in conjunction with, user fees to recover the costs of providing local government services. They can be levied on any property that could potentially be provided with a service, regardless of whether or not the service is being used.

hotel Tax and Voluntary FeesHotel taxes are levied at the provincial level across Canada, and at the municipal level in some municipalities in some


Industry efforts to overturn Toronto’s billboard tax suffered a setback in Ontario’s Court of Appeal earlier this spring when the Court ruled that the tax can be applied to signs that were erected prior to City Council’s adoption of the levy in April 2010. This reverses an earlier decision and reestablishes municipal revenue-generating estimates as originally envisioned, at about $10.4 million annually.

Property owners who simply lease space for third party signs – i.e. signs that promote businesses, services or activities unrelated to the sites where they are located – won’t receive the bill directly since the tax is charged to sign owners. Nevertheless, income from hosting a billboard may drop significantly when factoring in a tax that can range from $1,150 to $24,000 per year depending on the sign’s size and format.

“Landowners should be aware that there is this new cost associated with billboard signs. In some cases, the sign companies will have a clause in the agreement that requires the tax to be passed through to the landowners,” notes Jason Squire, a lawyer with Lerners

LLP, who represented Pattison Outdoor Advertising at the Court of Appeal. “The tax is quite large in comparison to the actual revenue that is earned by a typical sign so it really does change the economics of having a sign.”

The billboard tax is enabled under the City of Toronto Act, which gives the City unique powers among Ontario’s municipalities to impose certain sales and direct taxes. It is part of the trio of taxes Council approved during the tenure of the former Mayor, David Miller, along with a municipal land transfer tax and a vehicle registration tax, which has since been rescinded.

Advocates for Pattison and the Out-of-Home Marketing Association of Canada (OMAC) argued in both the lower Court and Court of Appeal proceedings that the tax amounts to an indirect tax on sign companies and is therefore beyond the City of Toronto’s powers and is unconstitutional. They also maintained that the tax is discriminatory because signs for which the City of Toronto has a

revenue-sharing agreement are exempted.

Both judicial levels rejected those arguments. However, the lower Court decision narrowed the scope of taxable signs to those erected after the introduction of the billboard tax in April 2010. This would have reduced the City’s revenue to about $900,000 annually based on the current number of applicable signs.

The Court of Appeal dismissed this interpretation, noting that the City of Toronto Act provides the power to impose the tax and does not restrict the ability to tax entities that predate the taxing by-law. Meanwhile, Squire reports that sign companies were prudent in accounting for that possibility while the matter was before the Courts.

“They are certainly required to pay the tax, or have paid it, since April 2010. My understanding is that most have already set it aside or paid it under protest,” he says.

Pattison and OMAC are how seeking leave to appeal to the Supreme Court of Canada.

TORONTO TAX ERODES SIGN SPACE ECONOMICS

provinces. These taxes can be voluntary or involuntary.

In British Columbia, an additional 1 or 2% municipal and regional district tax on lodging is collected in Chilliwack, North Vancouver, Oak Bay, Parksville, Prince Rupert, Qualicum Beach, Richmond, Rossland, Saanich, Smithers, Surrey, Vancouver, Victoria and Whistler. In Vancouver, 100% of these funds go to Tourism Vancouver. In addition, 1.65% of the 8% sales tax on hotels province-wide is dedicated to funding Tourism BC.

Calgary, Edmonton, and Saskatoon levy a Destination Marketing Fee (DMF) on hotels in their cities. In Quebec, an additional tax is levied per room per night in Québec City and area, as well as in the Outaouais, Charlevoix, Saguenay-Lac-Saint-Jean, Chaudière-Appalaches, Eastern Townships, Gaspésie and Centre-du-Québec. These revenues are returned to each tourism association, minus a collection fee.

In Ontario, a number of hotels and motels charge a DMF to fund promotional campaigns aimed at boosting their municipality’s tourism trade. These fees are not municipally imposed, but are instead imposed by the hotels/motels on a voluntary basis.

In New Brunswick, an additional fee on top of provincial taxes is charged on rooms in Bathurst and Saint John.

Halifax Regional Municipality has a levy for hotels with more than 20 rooms. Charlottetown charges a supplementary room tax on top of the provincial sales tax.

In St. John’s, there is an additional room tax, part of which is used to fund the Visitors and Convention Bureau, and part of which is applied toward the debt on the Convention Centre.

parking TaxIn 2006, a parking tax was levied within a specified transit zone of Vancouver, but was suspended a year later because of its unpopularity. The Parking Tax was a tax paid on the sale of a parking right, calculated on the purchase price of parking rights within the South Coast British Columbia Transportation Authority (Metro Vancouver) service region. The revenues were used for road and transit expansion. The tax was included in municipal property tax notices. Property owners could appeal the assessment as they would a property assessment. zz

The complete text of The State of Canada’s Cities and Communities 2012 can be found at http://www.fcm.ca/Documents/reports/The_S t a t e _ o f _ C a n a d a s _ C i t i e s _ a n d _Communities_2012_EN.pdf

taxes&fees

as hubs of iNNovatioN, from green neighbourhoods to green jobs, m u n i c i p a l g o v e r n m e n t s a r e demonstrating leadership. This trend also provided the theme for the 2012 Canada Green Building Council (CaGBC) National Conference and Expo – Beyond Buildings: The Green City. A range of educational sessions offered the approximately 850 delegates both inspirat ion and pragmatic approaches to sustainability in the building sector, zeroing in on ways to reduce existing buildings’ environmental footprint while enhancing the cityscape.

Keynote speaker, Ken Greenberg spoke about people’s collective need to: “Acknowledge our place in nature. Acknowledge our dependence on natural resources – both renewable and non-renewable.”

He suggested that successful design or redesign of 21st century cities would be

based on meeting the needs of residents through communities and eco-districts. That includes making best use of its natural assets, such as waterfront, and improving multi-modal transportation.

Beyond the macro view of city design, there are important links to the everyday practices of commercial building management. New and existing buildings are part of the overarching urban fabric, anchored in public space and consuming publicly provided services. Thus, collaboration between the private sector and municipal governments is essential. In particular, the conference’s closing panel discussion was dedicated to a municipal show, tell and share.

GROWTh GROUNDED IN SUSTAINABILITY“Buildings are part of the community, but can be a community themselves,” asserted Alison Taylor of Siemens, as she summarized the results of the US and

Canada Green City Index, which includes 27 major cities ranked according to their environmental performance and policy.

Leading off the Index are San Francisco on top, Vancouver in second and New York City in third. Toronto – the host city for the CaGBC conference – is positioned ninth.

Attributes of the top three cities support what Taylor calls “progress through action.” Those are long-term programs that demonstrate consistency throughout various administrations, and are innovative, creative and allow for individual choices. This also requires effective planning and transparency.

Other participants in the Sustainable Cities panel included David Ramslie from Vancouver, San Francisco’s Melanie Nutter and Chris Derksema from Sydney, Australia. They credited vision, a strategic plan and ambitious goals and targets as key ingredients for a top-rated sustainable city. As promoted by the panelists, Vancouver’s Greenest City, San Francisco’s Climate Action Plan and Sustainable Sydney 2030 are all bold, long-term plans that link municipal growth with sustainability.

“Civic governments are leading initiatives with hope and morality – building resiliency and rebuilding the economy,” maintained Ramslie, who is Vancouver’s Sustainability Programs Manager.

For Vancouver, the results have been impressive thus far. The City has reduced greenhouse gas (GHG) emissions to 1990 levels and anticipates reaching the goal of 6% reduction by the end of the year – all while experiencing a 27% population increase along with 18% job growth.

Aside from environmental footprint reduction targets, (water, waste and energy) all three representatives spoke about neighbourhood-scale solutions. Sydney is planning to decentralize its energy by building tri-generation systems throughout the city, which is also linked with the installation of a decentralized water system.

A $12-million renewable energy fund will help Sydney reach its goal of having more

Green Footprints in the Urban FabricCities Plan, Private Sector Executes

By Meirav Even-Har

greenfundamentals


than 50% production within the city. Similarly ambitious, San Francisco’s goal of meeting 100% of energy demand from renewables is driving small-scale operations in solar electricity, solar water heating and wind.

According to the Green City Index, Vancouver is aggressively increasing the amount of locally produced and consumed energy. An innovative example is Vancouver’s NeighbourhoodEnergy Utility (NEU), a local provider of heat and hot water to a neighbourhood adjacent to the Olympic village, which is generated via waste heat recovery from untreated urban wastewater.

CARROTS, STICKS & pARTNERShIpSOf course, financial incentives are key to encouraging investment for individuals and businesses alike. While cities in Canada are “creatures” of the provinces, which generally limits their resources, civic governments have demonstrated creativity. Expedited building and major renovation permits for green buildings projects is one example.

In recent years, municipalities have also adopted by-laws (or ordinances in the U.S.) to drive sustainability goals. In Vancouver, all new buildings constructed from 2020 onwards must be carbon neutral in operations. In the U.S.,

cities such as San Francisco and New York have mandated annual public reporting of buildings’ energy performance.

San Francisco’s Existing Commercial Buildings Energy Performance ordinance requires buildings 10,000 square feet or larger to conduct an energy audit every five years. In addition, building owners/managers are required to submit energy performance benchmarks using the ENERGY STAR Portfolio Tool, and to share results with their tenants and the City.

Municipalities typically use some combination of three tactics to meet targets: regulations, financing tools and incentives. Capacity building is also part of the strategy.

Building owners and managers are a key group affected by all these initiatives, the degree to which varies. Sustainable Cities’ panellists also promoted increased collaboration between building owners and local utilities. Melanie Nutter, Director of SFEnvironment, noted that it makes business sense for building owners to piggyback on the investments that utilities may be willing to make to upgrade energy networks.

Ramslie drew an analogy to IT infrastructure that allows computers to function together, and argued that similarly connecting buildings and cities would make them “more than the sum of their parts.”

There are also building-made solutions. Those could be reducing total environmental footprint in existing buildings, and looking for ways to enhance the built form inside and out.

For example, although the density of Toronto’s existing built-up areas may pose a challenge for reconfiguring sites, roofs might be better exploited to capture water or produce energy. Inside, living walls can improve both air quality and aesthetics.

Nevertheless, forging municipal-business partnerships is still likely to involve some cross-cultural hurdles. “Barriers are rarely economic, never technological, but are institutional and behavioural,” Ramslie observed. zz

Meirav Even-Har is a consultant and writer based in Toronto.

greenfundamentals


a New rouNd of legal proceedings is underway in Ontario where building owners are seeking compensation for costs related to an elevator mechanism that the province’s Technical Standards and Safety Authority (TSSA) ordered replaced more than five years ago. The Ontario Court has certified a Class lawsuit with the Toronto Community Housing Corporation as the representative plaintiff for owners of more than 2,030 safety brakes commonly known as sheave jammers that were designed, manufactured, sold and/or installed by ThyssenKrupp Elevator (Canada) Limited/ThyssenKrupp Northern Elevator Corporation.

The TSSA instructed elevator owners to replace the equipment on December 5, 2006 – a more stringent revision to an earlier order that would have allowed them to retrofit the device. Owners were initially given a deadline of August 1, 2007 to comply, but this period had to be extended somewhat due to the volume of work required, which created supply and labour backlogs.

“The sheave jammer was a standard design that Northern Elevator used from 1990 to 2005 and it sold a lot of elevators in that time,” observes Cliff Ayling, an elevating devices specialist and Principal with Ayling Consulting Services Inc. “It’s a decade-and-a-half worth of elevators

produced by one of the dominant manufacturers in North America.”

COUNTERWEIGhT CORRECTIONThe sheave jammer was one of the most commonly implemented measures to provide so-called “up-fall” protection in t ract ion e levators , which are counterweighted for operating efficiency. Ontario regulators introduced this safety requirement after worker fatalities on a tower construction site in Toronto in the late 1980s. Other North American jurisdictions then followed suit.

“If there are only one or two people in an elevator cab, it weighs less than its counterweight. If the system fails, gravity will pull the cab upward,” Ayling explains. “In response to the safety regulation, there were really just four methods, in the end, that were used. The sheave jammer works in a similar fashion to the way a brake works on a bicycle rim and essentially causes the sheave to stop.”

Other options on the market included: a double brake system that provides safety redundancy; the BODE brake, which was less popular because it requires a compressor; and the Hollister-Whitney Rope Gripper, which clamps onto the elevator ropes (cables) to halt its

movement. The rope gripper became the most prevalent replacement choice to comply with the TSSA order.

Ontario’s new home warranty insurance program, TARION Warranty Corporation, insulated those condominium corporations still within the seven-year window for coverage of major structural defects, at a cost of nearly $2.9 million to the insurer. However, this created two categories of affected owners within the sector.

“There are those who had it covered by TARION and those who paid themselves,” reports Sally Thompson, an engineer with Halsall Associates and a member of the board of directors of the Canadian Condominium Institute’s Toronto chapter.

The Class action documentation pegs those replacement costs at $10,000 to $15,000 per elevator. Notably, Toronto Community Housing Corporation paid approximately $2 million to replace 167 sheave jammers in it properties, including associated service fees to its maintenance contractor, ThyssenKrupp.

ThyssenKrupp denies the plaintiffs’ allegations that its equipment was dangerous, defective and negligently produced and sold. It also rejects the claim that it was obliged under maintenance contracts to replace the devices at no charge.

Lawsuit seeks redress for replacement costsElevator Brake Prohibited in Ontario, Permitted Elsewhere in CanadaBy Barbara Carss

elevators

elevators


JURISDICTIONAL VARIANCEAlthough they are no longer a feature in new elevators, sheave jammers are still permitted and in service in other Canadian provinces. Regardless, all owners/operators must adhere to CSA B44, the Canadian code for elevating devices, which mandates annual inspection and testing of devices that perform up-fall protection. “The requirement for that, in fact, is how some of the problems came to light,” Ayling notes.

Some provinces also have targeted requirements for the ThyssenKrupp Northern Elevator devices. Most recently, British Columbia’s Safety Authority issued an order in March 2012 stipulating that the sheave jammer must be dismantled annually, cleaned according to the manufacturer’s specifications and tested following reassembly. These are suggested solutions for cleaning and maintaining components that ThyssenKrupp also put forward to address the TSSA’s initial concerns.

In Ontario, regulatory compliance has long since outdistanced the pace of litigation. Given the TSSA’s inspection oversight, informed observers say it is

unlikely sheave jammers could still be found in any operating elevators.

Meanwhile, after a three-year process to certify the Class suit, the case is really beginning anew. Certification simply establishes that there are common issues that apply across the Class. The plaintiffs will now have to prove the merits of their claims.

“We’re still at fairly early stages of discovery, but because of all the work we’ve done to certify the Class, we feel we are in a good position to proceed,” says Linda Rothstein, a Partner with Paliare Roland LLP, who is one of the lawyers representing the plaintiffs.

Upon certification, all owners of elevators that were outfitted with the sheave jammers were automatically designated members of the Class and had until May 31, 2012 to formally opt out if they did not wish to participate. Lawyers with Paliare Roland advise all prospective participants to preserve pertinent documentation such as: purchase, installation and maintenance contracts; maintenance records and log books; and incident reports related to the sheave jammers. zz

For more information about the Class proceeding, see Paliare Roland LLP’s web site at http://www.paliareroland.com/Elevator-Class-Action.asp.

After a three-year process to certify the Class suit, the case is really beginning anew. The plaintiffs will now have to prove the merits of their claims.

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The National Air Duct Cleaners Association (NADCA) provides the following guidelines, drawn from its aCr standard for assessment, Cleaning & restoration of hvaC systems – Editor.

CoNtaMiNaNts iN hvaC systems may take many forms. Common contaminants include dust particles, active bacterial or fungal growth, debris from rusted HVAC components, man-made vitreous fibres, mould spores and other items.

Experience has shown that very few (if any) HVAC systems are free of all particulate. In fact, particle deposits on component surfaces starts before the HVAC system is even installed. Airborne particles in factory settings and assembly areas are likely to settle on air-handling components and fibreglass insulation, as well as adhere to the surface of metal components.

The original installation process will subject the HVAC system to even more contamination. Construction sites contain a significant amount of airborne concrete dust, gypsum dust, sand par t ic les , biological par t iculate aerosols and many other airborne contaminants in the ambient air.

Poor des ign, ins ta l la t ion and maintenance practices, low-efficiency air filtration, airflow bypass, inadequate or infrequent preventative maintenance practices, humid conditions and many other factors will result in contaminated HVAC systems. HVAC systems may also serve to transport and redistribute unwanted particles from other sources in the building.

It is highly recommended that HVAC systems be cleaned when an HVAC cleanliness inspection indicates that the system is contaminated with a significant accumulation of particulate or microbial contamination. It is highly

recommended that newly installed HVAC systems or HVAC systems undergoing renovation be verified clean and protected before the system is permitted to operate, and it is highly recommended that consistent HVAC system inspections be part of a building’s overall indoor air quality management program.

TRIGGERS & TIMELINESHVAC systems should be routinely inspected for cleanliness by visual means. In commercial buildings, air-handling units should be inspected annually, while ductwork – both supply and return – is inspected at two-year intervals. Air-handling units and ductwork in health care facilities should be inspected annually. At all times, if the inspection of an HVAC unit’s air-h a n d l i n g c o m p o n e n t s r e v e a l s contamination, then supply and return ductwork should be inspected immediately.

The cleanliness inspection must be conducted without negatively impacting the indoor environment through excessive disruption of settled dust, microbial amplification or other debris. In cases where mould contamination is suspected and/or in sensitive environments, environmental engineering control measures must be implemented and the services of an Indoor Environmental Professional (IEP) are highly recommended.

The a i r-handl ing uni t (AHU) cleanliness inspection should consider all components within the unit , including filters and air bypass, heating and cooling coils, condensate pans, condensate drain lines, humidification systems, acoustic insulation, fans and fan compartments, dampers, door gaskets and general unit integrity.

The supply duct cleanliness inspection should consider a representative portion of supply system components including, but not limited to, supply ducts, controls, mixing/ control boxes, reheat coils and

other internal components. The return duct cleanliness inspection should consider a representative portion of return system components including, but not limited to, return ducts, dampers, return plenums, make-up air plenums and grilles.

It is highly recommended the HVAC system cleanliness inspection include a preliminary determination of the level of mould contamination (Condition 1, 2 or 3) and other biological activity.

HVAC systems should be inspected at least twice annually when they include supplemental humidification or when they are located within a hot and humid climate.

pLANNING & ENGINEERING ASSESSMENTIndoor air quality management plans that include periodic cleaning and maintenance are highly recommended to minimize recurring contamination within HVAC systems. It is highly recommended that special consideration be given to buildings or residences with sensitive populations such as individuals with compromised immune systems and specialized environments or buildings with sensitive building contents or critical processes.

It is highly recommended that in addition to an HVAC cleanliness inspection, a complete engineering assessment of the design and condition of the entire HVAC system be considered depending on the conditions that exist in the project. This is especially important if temperature and/or relative humidity conditions cannot be maintained within the spaces in compliance with the requirements of ASHRAE Standards 62.1 or 62.2; if temperatures, relative humidity or airflow varies between different areas of the building; or if the mechanical components are not in good condition and/or repair. zz

For more information, see the web site at www.nadca.com.

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airborne inFiLtrators

HVAC Systems Trap Particulate and Biological Contaminationcompromise iaQ

Energy Sector Winners and Losers Trade Office Space

By Todd Throndson CalGary’s dowNtowN is home to approximately one in seven Canadian corporate headquarters, by far the highest per-capita concentration of head offices in Canada. Most of these companies are engaged in natural gas exploration and production within the hydrocarbon-rich Western Canadian Sedimentary Basin, which spans parts of British Columbia, Alberta, Saskatchewan and Manitoba.

Even though oil prices are currently at a level where exploration and recovery are economical, dry natural gas prices are not. Improved extraction techniques, low domestic demand and the absence of large-scale deliverability to emerging Asian markets have left North American


realestatefundamentals

CirCling for SubleaSe in Calgary

CirCling for SubleaSe in Calgary

natural gas reserves 41% above the same period last year. As a result, the trading price of conventional natural gas is now below the full cost of production and many producers are shifting priorities away from dry natural gas operations toward crude oil projects.

The oversupply of North American-sourced natural gas and sluggish domestic demand has the potential to alter the landscape of the office leasing market in Calgary. This shift could bring much needed space back to an extremely tight downtown market.

GAS pRODUCTION DECLINE pROJECTED At present prices, North American natural gas producers are not likely to recover the costs of locating and developing sites, or of producing gas over the lifetime of a well. The major driver of this price change is the supply side. Vastly improved extraction techniques (notably horizontal drilling and multi-stage hydraulic fracturing) have increased the volume of recoverable reserves of dry natural gas significantly.

Major forces affecting supply include:• Expanded deliverability stemming from

improved recovery techniques;

• Growing use of high-horsepower drilling rigs is increasing extraction efficiency;

• Producers shifting away from dry natural gas to unconventional gas or oil production.

Major forces affecting demand include:• A very mild 2011-2012 winter and spring

resulting in low home heating and air-conditioning use;

• Coal is still competitive with natural gas for power generation in terms of cost per unit of energy;

• Increased use of natural gas in oil and natural gas liquids (NGL) recovery operations;

• Absence of near-term large-scale deliverability plan to export to emerging economies in Asia. There is a strong movement on the part of

producers and pipeline companies to deal with the natural gas oversupply situation by expanding deliverability to high-demand markets in Asia. Notably, Pacific Trail Pipelines, owned by a consortium of Apache, EOG Resources and Encana, has recently obtained permission from the B.C.

Environmental Assessment Office4 to expand the diameter of Pacific Trail’s proposed natural gas pipeline.

This line will connect with the Spectra Energy pipeline system to bring gas from the Montney and Horn River basins to Kitimat, B.C. for processing. This consortium has also received approval to construct a liquefied natural gas (LNG) processing facility in Kitimat with a 5-million-tonne annual processing capacity.

This is not the only processing facility destined for Kitimat. Royal Dutch Shell, along with its partners (Korea Gas, Mitsubishi Corp. and Petro China) recently announced plans to proceed with development of a LNG export and processing facility. This facility will have the capacity to produce 12 million tonnes of LNG annually for export to Asia, although completion isn’t expected until the end of the decade.

However, these projects and others like them are on long-term construction timelines. In the foreseeable future, deliverability remains a significant issue in North American natural gas. Large-scale domestic sources of demand, such as coal-



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to-gas power generation conversions and natural gas vehicles remain equally distant. Accordingly, the National Energy Board predicts that even in the case of higher prices, natural gas output will continue to decline through 2013 as producers shift away from production of this resource.

Natural gas producers and supporting industries are moving quickly to access new markets and reestablish a sustainable supply-demand balance. However, the above-mentioned construction projects and others like them are years away and short-term prices are very sensitive to changes in supply. As a result, many producers that are highly leveraged in dry shale gas plays are slowing or stopping production and exploration. Many of these firms will likely shed some of their current office space until favourable market conditions return.

TIGhT SQUEEZE RELAXES SLIGhTLYPredicting exactly how much space a given firm is likely to sublease is extremely problematic. However, there are 48 natural gas producers in downtown Calgary, all of which have seen their share value drop significantly. The bottom 20 companies

averaged a 59% decline, while all 48 averaged a 33% drop over a 52-week period.

For most of these companies, the drop in share value has coincided directly with natural gas price declines. Some have already reduced staff dedicated to natural gas operations or made plans to relocate to less expensive buildings in different areas of the city. What is clear is that some of these companies will be adjusting their office space portfolios as operational priorities shift away from dry gas production.

The 48 companies currently occupy almost 12 million square feet (msf) of class AA, A and B spaces in downtown Calgary – building classes that currently have a combined slim 2% vacancy rate. Grouping these companies and assigning each group a percentage of potential space reduction yields a return of 1.6 msf of sublease space to the downtown market.

Should this space-reduction scenario prove correct, combined downtown sublease vacancy in classes AA, A and B would rise by about 4% (approximately 6% total vacancy). This increase in vacancy could provide much needed expansion opportunities to oil producers, many of which are in growth mode due to strong market crude prices.

The downtown leasing market in Calgary has gone through two record years of office absorption, leaving very little available high-quality space. Vacancy in class AA space, for example, has hovered around 0.2% since January, and new supply will not become available until 2014 with the completion of the now fully-leased Eighth Avenue Place West.

Given that the supply of space will remain very tight until 2014-2015, rents are likely to continue to escalate in the foreseeable future. Likewise, blocks of space coming available in class AA and A buildings should be highly sought after, with bidding wars occurring in some situations.

Any supply made available by the current fluctuations in natural gas pricing will be swiftly offset by other sectors of Calgary’s energy industry, which have a significant appetite for expansion space within the downtown core. zz

To d d T h ro n d s o n i s P r i n c i p a l a n d Managing Director with Avison Young, Calgary. For more information, see the web site at ww.avisonyoung.com.


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• Royal Bank of Canada• Royal York Hotel, Fairmont• Condominium Establishments

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Prequali� cation | Compliance Management | Risk Mitigation | Auditable CommunicationsDocument and Information Sharing | Online Training and Orientations

You don’t just manage properties.You also manage the contractors and suppliers that do work at those properties.Part of managing properties and facilities is managing the contractors/suppliers you rely on to get work done. Contractor and supplier management solutions from ComplyWorks can help you decrease costs, increase quality and mitigate risks—operational, � nancial, regulatory, quality and other risks. We collect contractors’/suppliers’ information—worker’s compensation, insurance, safety, environment, whatever’s relevant to your business—ensure it’s always up to date, and give you and your contractors/suppliers a real-time view of whether it meets your requirements.

We do this for 175 companies, we’re members of BOMA, and we’re working with leaders in Canada’s property and facility management industry, including Colliers International and others.

Contact our Real Estate Management Services specialty team for a demo and to � nd out how many of your contractors/suppliers are among the 10,000-plus that service the property and facility management industry and are already compliant in the ComplyWorks system.

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Untitled-6 1 12-07-19 12:15 PM

A Capital Place to GatherboMeX® 2012, Canada’s leading national conference for the Commercial Real Estate industry, will be in Ottawa from September 11th to 13th at the Westin Ottawa Hotel.

First conceived in 1987, because there was no conference/trade show dedicated to the industry, Bill Partridge of BOMA Calgary proposed the creation of a national conference for the Industry with the objective of pulling together a rather diverse and fragmented group that was dedicated to commercial real estate. After three years of development, the first BOMEX® was held in Calgary in 1990 and attracted professionals from the Commercial Real Estate industry across Canada. It was also the first year of the national awards program, today known as The Outstanding Building of the Year (TOBY).

BOMEX® 2012 marks the 23rd edition of the Conference that brings together the industry for professional development, networking, trade show and recognition of excellence. Unique to the Commercial Real Estate Industry, BOMEX® organizes seminars on topics

of national interest. In all, Ottawa plans to hold 30 topical seminars (see side bar) over the two days as well as have special guest speakers, former national television personality and Senator Mike Duffy, who will give a behind the scenes look at how Ottawa ticks, and Bricker and Wright of Ipsos Reid who bring a witty turn to what is taking place in Canada and what these trends mean for your organization.

Day 1 (September 11) will see three significant Networking opportunities for Delegates: the BOMEX® Golf Tournament at the Grey Hawk Golf Course 15 minutes from the Conference Hotel, the Ottawa Building Tour of some of Ottawa’s most interesting buildings, including a tour of the Aga Khan foundation and the Opening VIP night for all conference delegates, who will be entertained and get to meet or reacquaint, with each other.

The Conference Trade Show, sold out 3 months in advance of the conference, will feature over 70 booths of the newest products and services for the industry. Delegates will have time

over Day 2 and 3 to visit the booths and organize follow up appointments.

Day 2 (September 12) ends with the Spectacular TOBY Pinnacle Award Evening, hosted by noted actress and comedienne Jessica Holmes, and held at the spectacular Museum of Civilization just across the river in Gatineau, this evening attracts 500 of the industry’s most important and influential members as we salute excellence in building management with the TOBY and Pinnacle awards presentations to the theme of Nature and Architecture in Harmony.

Other interesting activities include a Canal Run on Day 2 (September 12) and the closing reception on the afternoon of Day 3 (September 13) as well as time for people to visit the famous Market Area which is two minutes from the Conference site, and has some of Ot tawa’s bes t res tauran ts and entertainment venues.

To get a full list of Seminars, details of all the activities or to register, please visit www.bomex.ca. Book early as rooms are selling out.


BOMEX®2012 to be held in Ottawa -

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Tenants Needs & Wants Partnering Trends & Outlooks Environment Training Legislation & Regulation

The Evolving Workplace Being a Supplier to Government Departments

Canadian Economy 2013

BOMA Best 2.0 – The New and Improved

Where to find new Property Managers

De-Construction – New regulations on construction waste

Workplace 2.0 – Government of Canada new Office Philosophy

Outsourcing – Two Points of View

Social Media – Helping and Hindering your building

Sustainability is Free - The real Cost of Sustainability

BOMA Floor Measurement

Lease Audits – Don’t be caught Be Prepared

New Technologies & The Office

P3 Partnerships – What works and what doesn’t

Class Warfare – Position your B & C Space to Compete

Retro-Commissioning – The new Building Tune Up

Evolution of the Property Manager

Asbestos and Mold Abatement - Do it yourself and save

Changing Tenant Expectations The BOMA Salary Survey – Who makes what

New Energy Sources - What it takes to make it work.

Tenant EngagementBuilding Code Changes that affect Properties

Topics subject to change

BOMA Ottawa1005-141 Laurier Ave W

Ottawa, ON K1P 5J3613-232-1875

[email protected]

Canada’s national commercial real estate conference and exhibition is coming to Ottawa in 2012!

Whether you’re a property manager or provide services to the commercial real estate sector, this is an event you must not miss.

For information on attending or sponsoring this event, contact:

SEPTEMBER 11-13, 2012

Taking your energy managemenT To The nexT LeveL

Enbridge’s free services and financial incentives give building owners and managers the support they need to improve energy performance and reduce energy costs.

Forward-looking building owners and managers know that keeping energy costs in line is vital to a healthy business strategy. They also recognize that good energy management boosts asset values. But once the obvious energy improvements are made it can be hard to keep up the momentum. How do you take your buildings to the next level? Enbridge Gas Distribution helped Cadillac Fairview face the challenge.

When they joined the Race to Reduce, an initiative spearheaded by Greening Greater Toronto and partners like Enbridge, Cadillac Fairview’s Toronto Office Portfolio committed to reducing energy use by 10% across their portfolio by 2014. Simcoe Place, a thirty story office tower and retail concourse located in downtown Toronto, was already one of the best energy performers in their portfolio.

Enbridge worked with a team that included energy service consultants and Toronto Hydro to identify new energy savings opportunities. As a result of their recommendations eight of ten main supply and exhaust fans were retrofitted with Variable Frequency Drives (VFDs) and three boilers equipped with linkageless controls.

Taken together, these two measures will save an estimated 311,000 m3 a year of natural gas and 1,050,000 kWh a year of electricity, making for significant cost savings. The retrofit, combined with operational improvements, should put the building on track to becoming one of the most efficient office buildings in Toronto’s financial district.

Enbridge also provided $60,483 in energy efficiency incentives based on the projected natural gas savings. And any future carbon credits attributed to the project’s greenhouse gas reductions will be retained by Cadillac Fairview.

Free ServICeS SuPPOrT STrATegIC eNergy PLANNINg Rocky Mancini is one of several Enbridge commercial sector Energy Solutions Consultants (ESCs). He has found, “We can help customers develop the best energy strategy by adding to their knowledge. Owners and managers are

looking for information on where to invest and what to invest in. If it’s a single building the question is which piece of equipment or systems will work best and what will the savings be. If it’s a portfolio of buildings people want to know which building to invest in for the best return. Our biggest satisfaction comes when a client tells us we helped them move forward on their energy management strategy.”

With more products on the market all the time, often it’s difficult to separate fact from hype when it comes to energy savings claims. Unbiased third-party validation of technologies is one of the most important services that Enbridge provides. Enbridge’s assessments are based on a wealth of experience with many different buildings and applications. As David Stelzer, another Enbridge commercial ESC, puts it, “Our only interest is to promote technologies that produce the best results for our customer’s buildings.”

Investments in energy efficiency can be risky, especially where there’s a chance that actual savings might not match original estimates. Enbridge helps reduce that risk, with free analysis of natural gas consumption data and savings estimates customized to the actual buildings where the investment will be made. This kind of knowledge gives customers the information they need to make better energy management decisions.

More and better information make it possible to move from stand-alone energy efficiency projects to a pro-active energy management strategy. Enbridge offers a range of energy management services and incentives to help support effective energy planning and profitable energy investments.

Within a portfolio the building with the highest energy consumption is not always the least efficient. Enbridge’s Energy Compass provides a f ree diagnostic service for properties to identify the best and worst energy

performers relative to size and other variables. This makes it possible to target investments for the best return. The Energy Compass service includes a cus tomized bui ld ing-by-bui ld ing e n e r g y p e r f o r m a n c e r e p o r t , identification of energy efficiency oppor tun i t i e s , i den t i f i c a t ion o f available incentives, and connections to Enbridge business partners.

Enbridge’s large-volume commercial customer* can take advantage of Run it Right, another free service that helps owners and property managers improve the energy per formance of their bui ldings , Run i t Right bundles technical expertise and support with financial incentives. Once enrolled, eligible customers receive the assistance to identify energy-related operational improvements and generous financial incentives (up to 100% of costs to a m a x i m u m o f $ 5 , 0 0 0 ) † w h e n implementing these measures. Enbridge works with Run it Right participants to analyze consumption data, establish an energy baseline, and calculate the return on investment for various options. Qualified customers may be upgraded to a pulse capable meter for daily gas consumption readings. Run it Right also provides financial support for monitoring and reporting.

Building operators can make or break an energy savings strategy. Customers who register for Run it Right and who use their own in-house energy manager or mechanical contractor to implement improvements can receive free training on operational improvements. Topics c o v e r e d i n c l u d e b u i l d i n g re-commissioning, best practices for energy savings, and how to identify short, medium and long-term payback opportunities.

INCeNTIveS HeLP reDuCe PrOJeCT COSTS AND IMPrOve PAyBACkSEnbridge continues to offer a wide range


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* Typically consuming 300,000 m3 of natural gas annually. † 2012 financial offer

of financial incentives for the purchase and installation of energy efficient technologies in existing buildings. These include fixed incentives for a defined list of technologies or one-time custom project incentives to support retrofit projects that are more complex or involve more innovative technologies. These projects can qualify for incentives of up to 10 cents per m3 based on projected first-year natural gas savings (up to a maximum of $100,000). Enbridge also offers incentives for audits‡ and studies to provide more detailed information to guide energy management decisions.

New veNTILATION TeCHNOLOgIeS DeLIver DOuBLe BeNeFITSEnbridge recognizes that new ventilation technologies offer one of the best ways to save on both natural gas and electricity costs.

Variable Frequency Drives (VFDs) change the speed of fans that control air flow, matching air flow to the actual use. This results in natural gas savings because less heated air is required. It ensures significant electricity savings because it uses less power when operating at lower


If energy saving were a baseball game, we’d offer you two home runs

Variable Frequency Drives (VFD) vary the operating speeds of motor-driven equipment. During periods of reduced load, this can result in valuable energy savings.Demand Control Ventilation (DCV) adjusts ventilation rates to serve the actual number of occupants in a given space (rather than the maximum number) creating signifi cant energy savings.

If you install either or both of these technologies, your incentive could be worth up to $50,000.*

For a limited time Enbridge Gas Distribution has doubled the incentive to get its customers startedon long term energy effi ciency gains. We’re offering $0.20/m3 (versus $0.10/m3) on the annual m3 of natural gas you save by implementing one or both of these proven energy-saving technologies. And you can substantially reduce electricity costs too:

Call 1-888-427-8888 or email your Enbridge Energy Solutions Consultant today. Offer ends by September 28, 2012 and is only available to the fi rst 200 applicants. For complete terms and conditions, contact [email protected](Be sure to mention your reference code: 12 CPM AD)

* Eligible technology must be installed and operating by December 12, 2012. Maximum available incentive is the lesser of $50,000 or 50% of the before tax project cost. Subject to terms and conditions.

speeds. This technology can also save on the cost of air conditioning in the cooling season. As an added benefit, running motors at lower speeds can extend their life and save on maintenance costs.

Demand Controlled Ventilation (DCV) adjusts the amount of outside air coming into a building based on occupants and the i r vent i l a t ion demands. A DCV system uses CO2 or occupancy sensors to monitor occupancy and this information is used to control ventilation dampers for more or less air intake. The system saves energy and money by not heating and cooling excess air. It also ensures that occupants have sufficient outside air at all times.

Through September 28 , 2012 Enbridge is offering double incentives to encourage installation of VFDs and/or DCVs in existing commercial buildings. During this special promotion customers may be eligible for a one-time incentive of up to 20 cents per m3 of natural gas saved up to a maximum of $100,000 §.

eNBrIDge wOrkS HArD AT MAkINg IT eASy FOr THe CuSTOMerEnbridge recognizes that building projects have to be on time and on budget. Enbridge has designed its energy efficiency programs for easy access. There’s no complicated contract to review, no lengthy approvals process. As Walter Matias, Enbridge Commercial Portfolio Manager, puts it: “Our long-standing work in energy conservation has made it possible to design one of the best and most accessible energy efficiency programs. Our goal is to make sure customers get the support they need when they need it so they don’t miss out on energy saving opportunities.”

Contact Enbridge for assistance with your energy action plan. [email protected] www.enbridgegas.com/commercial1-888-427-8888

‡ Hospitals, long-term care facilities, colleges and universities qualify§ Maximum available incentive is the lesser of $100,000 or 50% of project cost

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textiLe troUbLeshootinGTemperature Fluctuations Can Undermine Under-Floor Air Distribution By Nick Paschke

uNder-floor air distribution (UFAD) works well in theory, but not always in application. Conceptually, air conditioning is distributed through an under-floor cavity and floor-mounted diffusers rather than the conventional array of overhead ducting and diffusers.

Building occupants can then regulate airflow within a controlled zone by adjusting the applicable air diffuser. The raised floor configuration is also convenient for housing communication cabling, wiring and even utility piping, which can more easily be installed, maintained and retrofitted through removable floor panels.

However, design assumptions didn’t always translate into reality in many early UFAD systems. Disruptions in pressurization, turbulence and temperature gains (known as thermal decay) as air travelled through under-floor plenums compromised performance. Energy gain combined with poor distribution, resulting in temperature variables of as much as five to 10 degrees Fahrenheit at discharge points, which was far from the designers’ goal of a one- to three-degree variable across the entire space.

In a typical example, the HVAC system would be tasked unnecessarily to satisfy perimeter set-points in warmer areas requiring more cooling. Since building perimeter zones require roughly three times more cooling per square foot than interior space, occupants within zones nearest the HVAC system discharge would be chilled from the cooler temperatures.

Notably, an office building in Dallas, Texas reported a 12-degree Fahrenheit temperature differential within its 25,000-square-foot floor plate and UFAD.


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Centre for Interactive Research on Sustainability at University of British Columbia.


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As a result, the air-conditioning system was deployed at 100% fan and cooling capacity, creating higher energy costs.

As a solution, textile ducts are now being introduced inside the UFAD to transfer and distribute the supply air to exact zones of the system. Recent tests have shown that textile ducts can be more energy-efficient because the linear dispersion configuration distributes air uniformly over the length. This results in better mixing than in metal ducting with registers spaced every 10 feet.

Properly mixed airflow within the plenum improves performance of floor mounted diffusers by avoiding warmer temperatures that can cause vertical throw and de-stratification. A combination of non-vented and vented sections of an under-floor textile duct system can be configured to distribute airflow nearest the perimeter to serve the higher demand zone first. As airflow transfers to interior zones, the thermal decay warms up the airflow and reverses the cold core/warm perimeter syndrome that plagues UFAD systems.

In the Dallas office building example, introduction of the under-floor textile duct narrowed the temperature differential from 12 to four degrees F. With the cool air being distributed at the perimeter zone, the building

operator could reduce the fan speed to 70% and cooling capacity to 60%, providing some operational budget relief.

Colliers International recently specified textile duct inside the UFAD system in a new 120,000-square-foot office tower for a Toronto area software developer. This follows the experience in a circa-2005 property the same tenant occupies, where ongoing temperature fluctuations are attributed to the UFAD design. The facilities managers are now contemplating a retrofit/upgrade to install textile ducting.

“We considered several options to improve UFAD's temperature control, but I really like the idea of textile duct because, so far, it appears to curb thermal degradation and offer so much more installation and reconfiguration flexibility than metal duct runs and other alternatives,” says Bill Blackburn, Vice President of Design and Construction with Colliers International.

Textile duct will also be used in the UFAD system slated for the Centre for Interactive Research on Sustainability (CIRS), now under construction on the University of British Columbia campus. The 62,000-square-foot (5,675 square metres) building will be one of a handful of regenerative buildings in the world and has

been billed as the most sustainable building in North America.

The engineering firm, Stantec, specified UFAD for the living environmental laboratory's four floors. Additionally, textile duct was specified to increase air dispersion efficiency and indoor air comfort.

To the south, textile duct is part of the UFAD in Seattle University's $55 million library renovation and addition. This helps maintain tight temperature control tolerances, thus reducing energy costs, according to Seattle University's lead buildings control technician, Patrick McCurdy. While a conventional overhead system typically supplies 13 °C (55°F) air and cools from top to bottom, the library's HVAC equipment supplies warmer 18 °C (65°F) and uses air displacement to cool the bottom five feet of the addition's 18-foot-high areas. zz

Nick Paschke is New Product Sales Manager with DuctSox Corp, a manufacturer of textile air dispersion products. For more information, see the web site at www.ductsox.com. The Iowa State University study Thermal Comparison Between Ceiling Diffusers and Fabric Ductwork Diffusers for Green Buildings can be found at http://www3.me.iastate.edu/bglab.

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The Canada Green Building Council National Conference & Expo 2012 was a huge success. Thank you to everyone who participated.

Together, we’ll make every building greener.

Mark Your Calendar!The CaGBC National Conference & Expo 2013 will be in Vancouver,June 4-6, 2013

Photo Courtesy of Waterfront Toronto

lighting


there are several LEED categories in which lighting can make an impact, contributing to the achievement of 39 out of 110 possible points in LEED Canada for New Construction. That said, the use of products alone will not guarantee LEED points; products may have to be combined with other solutions to meet the full requirements for each credit.

Beginning with the Sustainable Sites category, which guides the project team toward responsible and environmentally friendly site selection and design strategies, Credit #8 is for light pollution reduction. The intent of this credit is to “minimize light trespass from the building” and requires that interior light fixtures are located and aimed to minimize light leaving the windows, or

that all non-emergency interior lighting power is reduced by at least 50% during non-business hours. Additionally, exterior lighting must comply with ASHRAE 90.1 2007 Lighting Power Densities (watts per square foot) as well as the lighting zone requirements in IESNA RP 33.

Lighting control can contribute to achieving this one-point credit in several ways. Controllable window shades prevent light from escaping through the windows of the building. Occupancy sensors can turn lights off when spaces are vacant, which both saves energy and prevents light pollution from escaping. Time-clock scheduling can be used to provide a building lighting sweep at night so that lights are off or set to a low, dimmed level.

ENERGY & ATMOSphERELight control can apply to many of the requirements of the Energy and Atmosphere category, which provides a framework to optimize whole-building energy efficiency, including two of the prerequisites for fundamental commissioning and minimum energy performance.

Lighting control manufacturers that commission their systems in the field can help the commissioning authority meet the requirements of this prerequisite. The intent of the fundamental commissioning prerequisite is to “verify that the building’s energy systems are installed, calibrated and perform according to the owner’s requirements, basis of design, and construction documents.”

To comply with the minimum energy performance prerequisite, computer energy simulations must show a 10% minimum energy reduction compared to an ASHRAE 90.1 2007 compliant building or a 23% energy cost reduction compared to the Model National Energy Code for Buildings 1997 (MNECB). Lighting designers and specifiers can use occupancy sensors and time-clock scheduling to meet the mandatory lighting control requirements in Section 9.4 of ASHRAE 90.1 2007.

Using a combination of energy-saving light control strategies such as automated shading, daylight harvesting, high-end trim, light level tuning, dimming, scheduling and occupancy sensing can reduce lighting loads by 60% or more. These strategies can also reduce HVAC loads by 20% or more.

Notably, Energy and Atmosphere Credit #1 provides leeway for lighting control to make the biggest impact, with the opportunity to earn up to 19 points based on energy-savings. The intent of this credit is to achieve energy performance beyond the prerequisite standard, requiring a whole-building energy simulation to show energy performance substantially better than the requirement in the Energy and Atmosphere Prerequisite 2, Minimum Energy Performance.

Occupancy sensors and time-clock

LiGhtinG the Way

Controls Combine with Commissioning Expertiseto LeeD points

By Michael Jouaneh

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scheduling can be used to meet the mandatory lighting control requirements of ASHRAE 90.1 2007 chapter 9. Combining energy-saving light control strategies such as daylight harvesting, high-end trim, light level tuning, dimming, personal light control, scheduling, automatic shading and occupancy sensing reduces both lighting and HVAC loads for a possible total building energy reduction of 30% or more.

Energy and Atmosphere, Credit #3 for enhanced commissioning offers two points for taking a more in-depth approach to system commissioning – introducing it early in the design process and executing additional activities after systems performance verification has been completed.

Lighting control manufacturers that offer field service, and can train and provide necessary manuals to operating personnel, contribute to this credit.

In a similar vein, Energy and Atmosphere, Credit #5, for measurement and verification, is worth up to three points for ongoing accountability of the building’s energy consumption over time. The project team must develop and implement a measurement and at least one year of post-construction

occupancy and provides a process for corrective action if the M&V results don’t show energy savings.

Some lighting control systems can provide power monitoring for the M&V plan. And strategies like light-level tuning can be easily implemented to provide necessary corrective action to achieve the desired energy savings.

OppORTUNITIES IN OThER CATEGORIESNext, the Interior Environmental Quality category seeks to minimize contaminants and optimize the indoor environment. Lighting controls and daylighting can make significant contributions in this category, starting with Credit #8.1 for daylight and # 8.2 for views.

The purpose of these credits is to provide occupants with benefits of a dynamic naturally lit environment with a visual connection to the outdoors. This is achieved by providing at least 75% of regularly occupied spaces with daylight illumination at a minimum of 25 foot-candles.

The second part of the credit requires achieving a direct line of sight to the outdoor environment using vision glazing between 30 inches and 90 inches above floor for

occupants in 90% of all regularly occupied areas, and to provide glare control. Automated windows shades are an ideal way for designers to control glare while still providing daylight and access to views.

The Innovation in Design category awards up to five additional points for exceptional performance above LEED requirements and/or innovative performance in green building categories not addressed by LEED. Lighting controls can be used to help get some of these innovation points.

Finally, the Innovation in Design category awards a simply achievable point if at least one principal participant on the project is a LEED Accredited Professional (LEED AP). Many lighting control manufacturers have LEED APs on staff, who can meet the requirements for this credit. Nevertheless, it may also be an incentive for companies to encourage in-house LEED AP credentials. zz

Michael Jouaneh, CEM, LEED AP BD+C, is Manager – Sustainability and Energy Standards with Lutron Electronics Co., Inc. For more information, see the web site at www.lutron.com.

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