ATTACHMENT II
Article 8 - 2022 All-Electric & Electric-Ready Ordinance – New Construction
9-8.100.000 –FUEL GAS PLUMBING INFRASTRUCTURE IN NEWLY CONSTRUCTED BUILDINGS
9-8.100.010 Applicability
A. The requirements of this Chapter shall apply to the building permits for all newly constructed buildings proposed to be located in whole or in part within the City.
B. The prohibition of Fuel Gas Infrastructure shall apply to permit applications on or after the effective date of this Chapter, and in perpetuity.
C. The requirements of this Chapter shall not apply to the use of portable propane appliances for outdoor cooking or heating.
D. This chapter shall in no way be construed as amending California Energy Code requirements under California Code of Regulations, Title 24, Part 6, nor as requiring the use or installation of any specific appliance or system as a condition of approval.
9-8.100.020 Definitions
A. “Fuel Gas” shall be defined as natural, manufactured, liquefied petroleum, or a mixture of these, as defined in the California Mechanical Code.
B. “Fuel Gas Infrastructure” shall be defined as fuel gas piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as defined in the California Mechanical Code.
C. “Newly Constructed” building shall be defined as a building that has never before been used or occupied for any purpose. New construction in existing buildings, such as alterations, additions, and tenant improvements, shall not be considered Newly Constructed.
D. “Residential Building” shall be defined as a building, other than a hotel/motel, that is Occupancy Group R-2, multifamily, R-3, single- family; or U-building, located on a residential site. For the purposes of this Article, a Residential Building shall include all portions of a mixed-use building, including those portions to be occupied by a non-residential use.
E. “Non-Residential Building” shall be defined as any building which is classified as occupancy Group A, B, E, F, H, I, M, S, and/or U, as defined by Part 2 of Title 24 of the California Code or Regulation.
9-8.100.030 Prohibited Fuel Gas Infrastructure in Newly Constructed Residential Buildings A. Fuel Gas Infrastructure shall be prohibited in Newly Constructed Residential Buildings.
B. The requirements of this Article shall be deemed objective planning standards under Government Code Section 65913.4 and objective development standards under Government Code Section 65589.5.
9-8.100.035 Electric Readiness in Newly Constructed Non-Residential Buildings A. Where Fuel Gas Infrastructure is installed as part of a Newly Constructed Non-Residential Building, the building shall be required to have sufficient electrical capacity, including reserved circuit breakers, electrical conduit, subpanels, panels, switchboards, and transformers, to facilitate future full building electrification in accordance with the California Electrical Code and manufacturer specifications, in addition to all other code requirements, and shall be depicted on the construction drawings.
B. Physical space for future electric heating appliances, including equipment footprint and any associated ducting, shall be depicted on the construction drawings. The footprint necessary for future electric heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
9-8.100.040 Periodic Review of Ordinance
The City shall review the requirements of this ordinance every 18 months for consistency with the California Energy Code and the Energy Commission’s mid-cycle amendments and triennial code adoption cycle as applicable.
9-8.100.050 Severability
If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.
The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase of this Chapter, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid or unconstitutional.
9-8.100.060 Effective Date
The provisions of this chapter shall become effective on January 1, 2023.