Exceptions

All Exceptions require additional documentation. See I12 Exception Documentation Summary Table.

RESPONSIBLE SOURCING EXCEPTIONS

MT-001 Pending Forest Stewardship Council (FSC) Certification

To encourage market transformation, wood from entities with pending FSC certification is acceptable if the timber is processed (either harvested or milled, as relevant) after the FSC certification audit (step two of the FSC Steps to Certification) has occurred, even if final certification of the mill or forest is still in progress.

MT-002 Invasive Species

Use of this exception requires ILFI approval in advance; see details below.

Wood that does not carry third-party certification but was sourced from either trees infested with invasive species or trees that are an invasive species and need to be removed to maintain the health of a forest, is allowed. Invasive species Exceptions have strict parameters and require prior approval from the Institute through a Request for Ruling so that they do not unintentionally provide loopholes for unsustainable timber practices to enter Living Building Challenge projects. Examples of previously granted Exceptions are:

• Pine Beetle Wood: Due to the sheer scale of infestation by the pine beetle in British Columbia, Canada, harvesting infected timber from this area meets the intent of this Imperative.

• Western Juniper: The proliferation of juniper in Oregon, USA, compromises the surrounding ecosystem, and careful extraction of those trees can provide a functional product, an alternative to harvesting healthy trees, and an income source for the local community.

• Black Locust: Black locust is native to the Southern Appalachians and the Ozarks but has been planted now in 48 states in the USA. It spreads clonally as well as by seed, and its dense thickets have a tendency to crowd out native vegetation. Black locust is a legume, meaning it fixes nitrogen and sheds more leaves than native trees, leading to soils with higher nitrogen and elevated levels of calcium and phosphorus. This aids in the spread of weedy, nitrogen- loving, non-native plants that can alter patterns of succession. In states and regions where black locust has been officially identified by a federal or state environmental agency as an invasive species, project teams may selectively harvest the trees to improve the overall ecology and to take advantage of the wood’s pest- and rot-resistant properties.

• Emerald Ash Borer: Due to this beetle’s high rate of Ash tree species destruction in the midwestern and eastern United States and parts of Canada, harvesting timber affected by the Emerald Ash Borer meets the intent of this Imperative.

When this Exception is used, project teams must provide the following documentation:

• An official statement that the targeted species is considered to be invasive or overpopulated in a particular region. The statement must come from a named authoritative body that has made an official assessment, has demonstrated expertise, and does not have a direct commercial interest or other conflicts of interest. See approved references for invasive species in Oceania in Approved Regional Equivalencies.
• A narrative explaining how harvest practices met the extraction standards of the Forest Stewardship Council (FSC) and ensured effective collection to limit the spread of the invasive species.
• Photographs to support the narrative.
  

MT-003 Surplus Wood

Donations or purchases of non-FSC surplus wood are acceptable if they are leftovers (vs. stockpiles) from an individual or project, (vs. a commercial wood supplier). The wood must have been initially purchased or harvested for some use other than the LBC project. If the wood is purchased for (vs. donated to) the LBC project, the project team must show they were unable to find reasonable FSC options (e.g., within 1000 km by land). Such products may be considered as one salvaged product for Imperative 16, Net Positive Waste, and as salvaged for Imperative 14, Responsible Sourcing (since FSC options were exhausted), and therefore they do not require FSC COC. Please note that surplus wood must be vetted under Imperative 13, Red List, and included in calculations and the materials construction budget.

MT-004 Urban Harvested Wood

Wood that meets the harvest criteria below is allowed under this Imperative:

• Legally within the project’s local municipal jurisdiction.
• In small quantities (fewer than five trees).
• From urban areas defined as Transects L3-L6.
  

The project team must provide an explanation of the need for tree removal and receipts confirming harvest location.

MT-005 Storm-Felled Wood

Wood from trees killed in storms that are characterized by high winds and precipitation, such as hurricanes, tropical storms, and cyclones, and designated by FEMA (or international equivalent) as natural disasters, may be used if new trees are planted to replace all the storm-felled trees used in the project.

The project team must provide a brief (1-2 page) narrative describing the disaster, why the removal of the wood was necessary and appropriate, and how, when, and where the replacement trees were planted.

MT-012 FSC Last Link in COC

In the case that FSC wood can be tracked by Chain of Custody (COC) to a “last link” before the project receives the wood, the team may use the products from the “last link” provided all of the following conditions are met:

• FSC or compliant alternatives were specified in bid and applicable contract documents,
• The team has tried, but is unable to convince the one “missing link” to get FSC certification,
• There is no viable “outsourcing” option (through an FSC certified entity or a project contractor), and,
• In the event that certified wood with a complete Chain of Custody is available, all timelines for delivery would cause untenable delays for dependent work scope.
  

To use this exception, project teams must submit the following documentation for audit:

• Narrative describing the team’s efforts to locate FSC wood with a complete COC, including attempts to coordinate outsourcing. In addition, where FSC with COC or other compliant wood could be sourced, but in a timeframe that the project schedule couldn’t accommodate, the delays to dependent work that would have resulted if that source(s) were used, must be explained.
  

• Technical documentation substantiating:
  • That FSC or other compliant wood was specified in bid and applicable contracting documents,
  • The asserted disruption to the project schedule, such as approved schedules in effect at the time of sourcing efforts, and
  • That the final link is accurately attributing the FSC wood to the LBC project, and not double counting it for other projects (e.g. a signed statement from the foreman, owner, or other responsible party)

• Advocacy to at least three local suppliers to become COC certified, including providing information about individual and group certification.

• Documentation demonstrating due diligence to procure compliant material for the product type to which this exception is being applied, including relevant communications with suppliers and the regional FSC sourcing representative.

MT-013 FSC Market Limitations

Project teams may use non-FSC low risk wood if all of the following criteria are met:

• FSC or compliant alternatives were specified in bid and applicable contract documents,
• Use of FSC or compliant alternatives is maximized, as available, for all other project applications,
• The team demonstrates due diligence, including contacting the regional FSC sourcing representative, in attempting to locate wood that is either FSC, salvaged, or meets an existing exception:
  • MT-001 Pending FSC Certification
  • MT-002 Invasive Species (of tree or organism)
  • MT-003 Surplus Wood
  • MT-004 Urban Harvested Wood
  • MT-005 Storm-felled Wood
  • MT-012 FSC Last Link in Chain of Custody
• The team advocates to at least three local suppliers to become FSC certified, through individual or group certification, and
• Where FSC wood or alternate compliant wood is available, all timelines for delivery would cause untenable delays for dependent work scope.
  

To use this exception, project teams must submit the following documentation for audit:

• Narrative describing the team’s efforts to locate wood for the relevant application, that is FSC, salvaged, or that meets another exception. In addition, where fully certified FSC or other compliant wood could be sourced, but in a timeframe that the project schedule couldn’t accommodate, the delays to dependent work that would have resulted if that source(s) were used, must be explained.

• Technical documentation substantiating:
  • That FSC or other compliant wood was specified in bid and applicable contracting documents, and
  • The asserted disruption to the project schedule, such as approved schedules in effect at the time of sourcing efforts.

• Letters to at least three local suppliers advocating for either individual or group certification.

• Documentation demonstrating due diligence to procure compliant material for the product type to which this exception is being applied, including relevant communications with suppliers and the regional FSC sourcing representative.

IN SITU MATERIALS EXCEPTIONS

MT-006 In Situ Materials in the Existing Building and Interior Typologies

Projects under the Existing Building and Interior Typologies may track some in situ reused materials as salvaged for Imperative 16, Net Positive Waste per the below. In situ materials may also represent up to 10% of the project materials construction budget for Imperative 15, Local Economy Sourcing, based on the estimated replacement cost of these materials.

Only materials that are usually removed under the typical project scope of work and are within the LBC project boundary may be included as salvaged. For example, interior partitions, millwork, interior doors, and ceiling, wall, and floor finishes left in situ may be tracked as salvaged materials sourced on site. Structural elements, exterior envelope, and base building systems are not considered within the typical scope of an Interior project and should not be tracked for Interior Typology projects, but Existing Buildings may track base building elements.

WASTE DIVERSION EXCEPTIONS

MT-007 Municipal Limitations

Although project teams are expected to make every effort to avoid landfill deposits, there is a temporary Exception for meeting this level of diversion in jurisdictions where municipalities do not have systems in place to collect all listed construction materials. Project teams must attempt to find non-municipal opportunities for diversion, and advocate to the Authority Having Jurisdiction (AHJ) for the creation of sufficiently robust public waste diversion systems.