ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON REPEALING AND RE-ENACTING SECTION 15.19.030 OF THE ATHERTON
MUNICIPAL CODE
WHEREAS, the Town of Atherton ("Town") has adopted the 2022 California Green Building Code, and
WHEREAS, the ruling in California Restaurant Association v. City of Berkeley limits how the Town can regulate fuel sources in new buildings; and WHEREAS, the Town now wishes to revise Section 15.19.030 of the Atherton Municipal Code to be consistent with legal requirements imposed by the City of Berkeley decision; The City Council of the Town of Atherton does hereby ordain as follows:
Section 1. PURPOSE AND AUTHORITY
The purpose of this amendment is to repeal and re-enact Section 15.19.030, related to the Town's Green Building Code to make it consistent with federal law as clarified in the City of Berkeley decision.
Section 2. REPEAL AND REENACTMENT OF ATHERTON MUNICIPAL CODE SECTION 15.19.030
Section 15.19.030 is hereby repealed and re-enacted to read as follows:
Part 11 – California Green Building Code (CALGreen)
CHAPTER 2 DEFINITIONS
ADDITION. An extension or increase in floor area of an existing building or structure.
ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
ALTERATION OR ALTER. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
FUEL GAS. A gas that is natural or manufactured, including liquefied petroleum, or a mixture thereof.
NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building (or new construction) does not include additions, alterations, or repairs.
CHAPTER 4 – RESIDENTIAL MANDATORY MEASURES
Division 4.1 PLANNING AND DESIGN
SECTION 4.106
SITE DEVELOPMENT
4.106.5 Readiness to become all-electric buildings. New construction buildings shall comply with Section 4.106.5.1 or 4.106.5.2 so that they are ready to accommodate installation of electric heating appliances.
4.106.5.1. New construction. All newly constructed buildings and Accessory Dwelling Units, Guest Houses and Pool Houses shall be ready to become all-electric buildings.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. Residential Buildings may contain non-electric indoor and outdoor cooking appliances, fireplaces, and outdoor firepits.
2. [repealed]
3. Emergency Generators may utilize fuel gas.
[repealed]4.106.5.2 Requirements for combustion equipment.
Where combustion equipment is allowed under Sections 4.106.5 or 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
CHAPTER 5 – NONRESIDENTIAL MANDATORY MEASURES
Division 5.1 PLANNING AND DESIGN
SECTION 5.106 - SITE DEVELOPMENT
5.106.13 Readiness to become all-electric buildings. New construction buildings shall comply with Section 5.106.13.1 or 5.106.13.2 so that they are ready to facilitate future electrification.
5.106.13.1. New construction. All newly constructed nonresidential buildings shall be ready to become all-electric buildings.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may install commercial food heatprocessing equipment served by fuel gas.
The applicant shall comply with Section 5.106.13.2.
2. [repealed]
5.106.13.2. Requirements for combustion equipment.
Where combustion equipment is allowed under Sections 5.106.13 or 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.