Request for Ruling FAQs

Everything you need to know about the RfR process.

IN THIS ARTICLE

• What is a Request for Ruling?
• When is a Request for Ruling needed?
• What is the recommended timing for submitting Requests for Ruling?
• How many Requests for Ruling can my project submit?
• How do I submit a Request for Ruling?
• How and when will I receive the official ruling?
• On what basis are Requests for Ruling approved?
• How do I increase the chances of a favorable Request for Ruling?
• Are rulings made through the RfR process considered final?
• What happens if I need a Request for Ruling during the audit process?
• Can I submit a Mid-Audit RfR to address the auditor’s clarification requests?
• Do RfRs affect program development?

What is a Request for Ruling?

Every project presents unique challenges and opportunities. To address these complexities, Living Future offers Requests for Ruling, or RfRs—a formal process for project teams to seek approval for alternative approaches or methodologies that deviate from the established standards. The RfR process is also used to grant pre-approval for pathways or exceptions in which the Program Manual/Handbook requires pre-approval.

By understanding and utilizing the RfR process effectively, project teams can navigate the complexities of compliance while ensuring their projects remain true to the intent of the standards.

When is a Request for Ruling needed?

There are two situations in which project teams should submit a Request for Ruling:

• Deviations: Any time a project's proposed approach deviates from the requirements as published in the Program Manual/Handbooks.
• Pre-Approval Pathways: When specific exceptions or pathways require pre-approval before implementation, as noted in the Program Manual/Handbooks.

We recommend reaching out to the relevant support inbox before submitting a Request for Ruling. Our technical support team can help confirm whether an RfR is needed, and if so, what supporting documentation is needed to substantiate your request. 

What is the recommended timing for submitting Requests for Ruling?

We recommend submitting RfRs as early as possible to avoid potential delays and ensure timely project progression. RfRs submitted after construction completion will have little to no opportunity for pathway discussion and project adjustment and are less likely to be considered. All Requests for Rulings must be submitted and approved prior to commencement of a project's Ready Audit.

How many Requests for Ruling can my project submit? 

Projects registered prior to March 1, 2024

Projects registered prior to March 1, 2024 can submit any number of Requests for Ruling at no cost before submitting for Ready Audit.

Projects registered after March 1, 2024

Projects registered after March 1, 2024 are allotted a specific number of complimentary Requests for Ruling based on their program, as shown below:

International project teams are allotted two additional complimentary Request for Rulings in recognition of the fact that they may need to establish more equivalences.

How do I submit a Request for Ruling? 

Projects registered prior to March 1, 2024

• Step 1: Gather any supporting documentation that would aid in the understanding of your request, such as narratives, plans, calculations, modeling results or diagrams, and/or third-party research. If relevant, you should prepare:
  • A comparison of any alternative metrics that enables a clear understanding of how they relate to existing metrics and criteria
  • A clear description of the team's methodology, including calculations and assumptions used to derive the requested approach
  • References from credible sources (industry-recognized, third-party, publicly available, etc. or if proprietary, relying on recognized experts)
• Step 2: Complete the online Request for Ruling Form. The form will ask for details about the project, the proposed approach, and justifications for deviating from the requirements. These initial questions will help Living Future categorize your request. Be sure to attach all your supporting documentation at the end of the form before you submit it.

Projects registered after March 1, 2024

Projects registered after March 1, 2024 should follow the same process outlined above, but should access the Request for Ruling Form through Portal. Your project's complimentary RfR allotments should be visible under "My Tasks" in your project's application. Living Future will post the decision to Portal, where it will be visible to both the team and the auditor.

How and when will I receive the official ruling?

Living Future will review each submission comprehensively and request additional information if necessary via the project's support inbox. The standard RfR response timeframe is six weeks from the date a complete submission is received.  

For projects registered prior to March 1, 2024, the ruling will be communicated via the project's support inbox. For projects registered after March 1, 2024, the ruling will be communicated via Portal.

On what basis are Requests for Ruling approved?

The Request for Ruling process utilizes four request categories, which are approved according to the conditions outlined below.

How do I increase the chances of a favorable Request for Ruling? 

• Start early: Carefully consider all program requirements as early as possible in the design process to ensure no insurmountable obstacles and adequately anticipate potential hurdles.
• Be clear and concise: Target the submission at the area of deviation and propose a strategy for achieving an equivalent impact. Refer to the approval conditions outlined above and structure your request accordingly.  
• Thoroughly support your request: Include all necessary technical documentation to demonstrate the validity and feasibility of the proposed approach and to facilitate a swift and accurate review. Including metrics as appropriate to quantify impact. Cite your sources.
• Focus your request: RfRs must be limited to one Imperative requirement at a time. Project teams with multiple pathway requests must submit separate RfRs for each distinct request.

Are rulings made through the RfR process considered final?

Yes—all rulings made through the RfR process are final. However, rulings are based on the conditions specified in the request. If the project deviates from the conditions or design outlined in the request, the ruling is nullified. If needed, teams may submit a new RfR to address changes in design or project conditions.

What happens if I need a Request for Ruling during the audit process?

Requests for Ruling submitted after a project's Ready Audit has been initiated are considered Mid-Audit RfRs. Pricing for Mid-Audit RfRs is as follows:

• For LBC projects (including Core and Petal): $1,000 per Imperative
• For ZC/ZE projects: $1,000 per documentation requirement

Mid-Audit RfRs can be purchased here.

Can I submit a Mid-Audit RfR to address the auditor’s Clarification Requests?

The Request for Ruling process is intended to approve of alternative approaches to meeting the standard requirements. It is not intended to exempt teams from meeting requirements, and does not address deficiencies in documentation. 

The auditor’s role during the certification process is to provide third-party verification that all published and project specific certification requirements have been met. The auditor cannot approve alternate approaches or pathways submitted by the team without prior approval, in writing, from Living Future. 

For approval of alternate pathways, teams may submit Mid-Audit Requests for Ruling. There is a $1,000 fee per Imperative/requirement to accommodate the change in process and cover the average time cost of review. Payment of this fee does not affect the decision-making criteria or the likelihood of an affirmative ruling.  

There is a $2,000 fee to appeal an auditor’s decision, and this cost includes one Request for Ruling submission if needed. Additional RfRs are subject to the $1,000 fee.

Approaches that result in a reduced impact can be approved through the Request for Ruling process if they are due to obstacles beyond the project team’s control, and the team proposes an alternative method of achieving impact. Obstacles within the team’s control are required to be addressed in the audit process.  RfR approvals that exempt teams from requirements always come with additional requirements, such as policy advocacy, to achieve impacts aligned with the intent of the standard. 

Major deviations from the program requirements that require research and collaboration with Living Future cannot be addressed mid-audit. Our technical support staff can assist your team in determining whether a Request for Ruling is appropriate. 

Do RfRs affect program development?

Approved rulings for LBC 4.X, ZC 1.X, and ZE 1.X projects that are deemed to be broadly applicable are incorporated into the Program Manual as clarifications, new pathways, or equivalencies through the quarterly update process.