19-0809 v3.X Surplus Products and their Compliance

Question

Our project team has the opportunity to utilize products needed for construction that are and have been in some cases sitting in a warehouse for 15 years. It has been identified that part of our construction team has excess product in their warehouses that was surplus from past projects of theirs . Some of these products can clearly defined as salvage because they were at one time installed, however there is quite a few products that were never installed on a project because they were either returned or excess to the construction. 
We would like clarity on if these surplus products are compliant, similar to salvaged materials. As stated in one of your answers to a Salvage question post "The intent of using salvaged products is to reduce or eliminate both waste and the associated impacts of creating new products, as well as to demonstrate how used products can be re-purposed." We know for a fact that these surplus products were being prepared to be sent to the land fill. Our project is affording them new life, eliminating the potential for waste, and not creating the need for new products. In us utilizing their surplus stock we are also removing what they were defining as waste and making it a usable product. It is our belief that this is not only a positive option for us to go with but given we have the ability on our own project to sell our surplus materials for other projects to utilize, our team using other projects surplus material is along the same lines and in the same vein.

Response

The list of proposed surplus materials may be used according to the new Surplus Material Clarification provided below.

Note that some of the materials listed may potentially qualify as Miscellaneous Hardware and Accessory Products (see Clarification of same name, page 11 of 3.1 Materials Petal Handbook). Any products that meet the criteria listed in that Clarification do not need to be vetted for Red List ingredients.
Surplus Material

Any previously unused material or product originally specified for another project, but used instead for the project in question, is considered surplus. Any material or product sourced from a salvage retailer, regardless of its condition of use, is considered salvaged rather than surplus.

Non-wood surplus material may be used but cannot have Red List materials as a primary ingredient, or create a secondary market for Red List materials. Full ingredient disclosure for the product should be sought and documented.
If it is not possible to determine the ingredients of a surplus product, but the product is suspected to contain a Red List ingredient, it may be used in the project only if the suspected ingredient is:
  1. Not a primary ingredient in the product
  2. Not necessary in the final product
Surplus Material may count for up to 50% of the required number of Salvaged Products under I14 Net Positive Waste.
Guidance for Surplus Wood is provided in Exception I12-E5 7/2015 Surplus Wood, as revised in Salvaged Products and Sourcing.

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