Newark, NJ, USA

Ordinance 6PSF-e: Newark Bird-Friendly Building Code (Mandatory)

§ 41:16-12-2 Applicability.
1. The standards in this section shall apply to all new construction and substantial rehabilitation where the building envelope is being modified in all zones and redevelopment plans throughout the city.
2. These standards shall be considered design standards, with which all applications shall comply to the extent practicable.
§ 41:16-12-3 Definitions. 
The following definitions shall apply to this section: 

BIRD FRIENDLY MATERIAL.
Shall mean a material or assembly that has or has been treated to have a maximum threat factor of 30 according to the American Bird Conservancy Bird Collision Deterrence Material Threat Factor Reference Standard, or with the American Bird Conservancy Bird-friendly Materials Evaluation Program at Carnegie Museum’s Avian Research Center test protocol.

BIRD HAZARD INSTALLATIONS
Shall mean monolithic glazing installations that provide a clear line of sight on the exterior of buildings, including, but not limited to, glass awnings, glass handrails and guards, glass wind break panels, or glass acoustic barriers.

EXTERIOR WALL ENVELOPE
Shall mean a system or assembly of exterior wall components, including exterior wall finish materials, that provides protection of the building structural members, including framing and sheathing materials, and conditioned interior space, from the detrimental effects of the exterior environment. 

FLY-THROUGH CONDITIONS
Shall mean one or more panels of glass that provide a clear line of sight through such elements creating the illusion of a void leading to the other side, including parallel glass elements, at a distance of 17 feet or less, or a convergence of glass sides creating a perpendicular, acute, or obtuse corner.

THREAT FACTOR
Shall mean the relative threat level to birds posed by various materials and design details. The Threat Factor quantified as a number between 1 and 100 that indicates the relative effectiveness of materials or assemblies, typically in reducing bird collisions, but not exclusively, evaluated per a binary choice flight-tunnel protocol involving live birds. A Threat Factor of 1 is the least threatening and a Threat Factor of 100 is the most threatening. Materials with a threat factor greater than 50 are those with attributes that may contribute to collisions.

§ 41:16-12-4 Design Standards. 
1. The exterior wall envelope and all openings up to 100 feet above grade shall be constructed with bird friendly materials. Materials other than bird friendly materials shall not exceed an aggregate of 10 square feet within any 10 feet by 10 feet square area of exterior wall area below 100 feet above grade. The following exceptions to this requirement shall apply:
a. Where ground floor transparency is required for commercial storefronts, materials with a threat factor not to exceed 30 shall be permitted.
2. Bird hazard installations shall be constructed of bird friendly materials regardless of their height above grade.
3. Fly-through conditions located 100 feet or less above grade shall be constructed with bird friendly materials.
4. The exterior wall envelope and any associated openings installed adjacent to a green roof system on the same building shall be constructed with bird friendly materials up to 12 feet above the walking surface.

§ 41:16-12-5 Reference and Guidance. 
Applicants are encouraged to use one or more of the following sources for guidance:
1. LEED BD+C: New Construction v. 4.1 (or subsequent) Innovation: Bird Collision Deterrence
2. Bird Friendly Building Design, American Bird Conservancy
3. Bird Friendly Building Design & Construction Requirements Guidance Document, NYC