City of Piedmont
COUNCIL AGENDA REPORT
DATE: October 17, 2022
TO: Mayor and Council
FROM: Sara Lillevand, City Administrator
SUBJECT: 2
nd Reading of Ordinance 766 N.S. – Amending Chapter 8 of the City Code Adopting 2022 State Building Standards Codes and Adopting Requirements for Energy Efficiency Measures, Photovoltaic Systems, and All-Electric Construction in New or Existing Single Family Buildings, and Determining that the Ordinance is Exempt from CEQA
RECOMMENDATION
Conduct a second reading of Ordinance 766 N.S. as amended by staff – Amending Chapter 8 of the City Code Adopting 2022 State Building Standards Codes and Adopting Requirements for Energy Efficiency Measures, Photovoltaic Systems, and All-Electric Construction in New or Existing Single Family Buildings, and Determining that the Ordinance is Exempt from CEQA.
BACKGROUND
On September 19, 2022, the City Council approved a first reading of Ordinance 766 N.S. – Amending Chapter 8 of the City Code Adopting 2022 State Building Standards Codes and Adopting Requirements for Energy Efficiency Measures, Photovoltaic Systems, and All-Electric Construction in New or Existing Single Family Buildings, and Determining that the Ordinance is Exempt from CEQA.
PROPOSED CLARIFYING CORRECTIONS TO ORDINANCE 766 N.S. SINCE THE 1ST
READING
Following the 1st reading of the Ordinance, staff identified the need for some minor clarifying corrections. Those corrections to the Ordinance are as follows denoted in the italicized red text:
A. Section R106 – Construction Documents. Section R106 is amended to add the following subsection R106.6:
Exceptions: 2c. Requiring the installation of measures is otherwise prohibited by other applicable law.”
B. Section R202 – Definitions. Section R202 – Definitions is amended to replace the definition of crawlspace with the following, and add the following definition of Crawl Space and Home Energy Score.
J. Subsection 150.2(a) – Additions. Section 150.2(a) is amended to add the following language after the first sentence:
Requirements for installation of All-Electric Design water heating systems, space conditioning equipment, fireplaces and decorative gas appliances, and clothes drying appliances, and cooking appliances as specified for new construction in Sections 150.0(e), 150.0(h), 150.0(n), 150.0(u), and 150.0(v) do not apply to additions.
L. Section 150.2(b) – Alterations. Section 150.2(b) is amended to add the following language after the first sentence:
Requirements for installation of All-Electric Design water heating systems, space conditioning equipment, fireplaces and decorative gas appliances, and clothes drying appliances, and cooking appliances as specified for new construction in Sections 150.0(e), 150.0(h), 150.0(n), 150.0(u), and 150.0(v) do not apply to alterations.” The corrections above have been incorporated into the Ordinance as provided in Attachment A.
IMPLEMENTATION TIMELINE
A second and final reading is required for adoption. If passed, this Ordinance will become effective after certification of the approved amendments by the California Energy Commission, or January 1, 2023, whichever is later.
Attachments
A – Ordinance 766 N.S.
By: Alyssa Dykman, Sustainability Program Manager
Kevin Jackson, Planning & Building Director
Paki Muthig, Building Official
Agenda Report Page 2
ORDINANCE NO. 766 N.S.
AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE ADOPTING 2022
STATE BUILDING STANDARDS CODES AND ADOPTING REQUIREMENTS FOR
ENERGY EFFICIENCY MEASURES, PHOTOVOLTAIC SYSTEMS, AND ALL-ELECTRIC CONSTRUCTION IN NEW OR EXISTING SINGLE FAMILY BUILDINGS.
The City Council of the City of Piedmont hereby ordains as follows:
SECTION 1. PURPOSE AND INTENT
It is the purpose and intent of the City Council of the City of Piedmont in adopting this Ordinance to expressly enact local amendments to Residential Code Section R106, Energy Code Sections 100.0, 100.1, 150.0, 150.1, and 150.2, and Electrical Code Sections 210.52 and 220.83 of the 2022 California Building Code applicable to new construction and additions and alterations to existing buildings to provide standards for new and existing buildings to improve community health and safety while reducing greenhouse gas emissions.
SECTION 2. FINDINGS
Pursuant to Sections 17922, 17958, 17958.5, and 17958.7 of the California Health and Safety Code, the City may make amendments to the provisions of the 2022 California Residential Code, the 2022 California Electrical Code and the 2022 California Energy Code which are reasonably necessary to protect the health, welfare and safety to the residents of Piedmont because of local climatic, geological and topographical conditions.
The City Council hereby makes the following findings with respect to local geological, topographical, and climatic conditions relating to the amendments to the California Building Standards Code for each of the below amendments, to the extent such findings are required:
A. The San Francisco Bay area region is densely populated and located in an area of high seismic activities. The City is bounded by the Hayward and San Andreas faults capable of producing major earthquakes; and
B. Concern for fire-life safety associated with gas appliances and associated piping located in the ground and in the buildings increase the risk of explosion or fire if there is a structural failure due to a seismic event considering the increasing density of buildings in the region; and
C. Severe seismic events could disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited resources of the Fire Department resulting to meet the fire and life safety needs of the community; and D. Solar infrastructure on buildings reduces the need for pipelines and electrical transmission lines; and
E. The local geographic, topographic, and climatic conditions pose an increase hazard in acceleration, spread, magnitude and severity of potential fires in the City, and may cause a delayed response from emergency responders, allowing further growth of the fire; and Attachment A - Ordinance 766 N.S. Agenda Report Page 3
2 F. Over the next century, increasing levels of atmospheric greenhouse gas concentrates are expected to result in global temperature increases, and based on scientific literature and studies are likely to cause a variety of local changes, including extreme weather conditions, sea level rise, more frequent heat waves and extended period of drought.
Local geographic, topographic and climatic conditions include risk of the following:
a. Fires. Piedmont is a hillside community and most of the structures are singlefamily dwellings built on sloping terrain. The 1991 Oakland/Berkeley Hills fire had a devastating impact on those communities in the fire zone which experienced significant loss of life and property. The fire zone of this event crossed into the Piedmont city limits but did not damage any structures. Piedmont has the same climatic and topographical conditions as those areas affected by the nearby 1991 fire. In most areas of Piedmont, the dwelling units are located in close proximity to one another and in many cases are less than 8 feet apart. Fires can easily spread from house-to-house and are more readily spread upslope in the direction of prevailing winds. As referenced by CalFire’s Fire and Resource Assessment Program (FRAP), Wildland Urban Interface Map, all of Piedmont is within or immediately adjacent to an Interface or Influence Zone. All areas of Piedmont are located in a Wildland-Urban Interface (WUI) zone, which allows for heightened construction and regulatory standards to mitigate the spread of wildfires. In addition, wildfires located outside the area in 2018 and 2019 created a blanket of toxic smoke over the City, causing the worst air quality on record by the Bay Area Air Quality Management District for two consecutive weeks; and b. Landslides. Extreme storms as a result of climate change increases the chance of rainfall-induced landslide; fire and drought may kill vegetation in the City’s WUI zone increasing runoff and potential for landslide; and c. Heat: Increased heat as a result of climate change can have a local impact on the health, safety and welfare of the City’s population, especially those without resources to purchase air conditioning, the elderly, disabled, or those with children; and
G. Failure to address and substantially reduce greenhouse gas emissions creates an increased risk to the health, safety and welfare of the City residents, the City Council considers and adopts as findings the analysis contained in the staff report; and H. Amendments to the California Codes have been adopted in the past by the City Council based on specific findings of local geographic, topographic and climatic conditions; and the City Council hereby reaffirms such findings and confirms that the facts on which such findings were based continue to exist; and
I. The provisions of this Ordinance establish more restrictive standards than the California Building Standards Code which will better serve to prevent or minimize structural damage and other impacts resulting from such local conditions; and The City Council hereby also makes the additional following findings with respect to cost effectiveness for each of the below amendments, to the extent findings are required:
A. An August 10, 2022 study prepared by Frontier Energy, Inc. and Misti Bruceri & Associates, LLC, funded by California utility ratepayers, and submitted to the California Attachment A - Ordinance 766 N.S. Agenda Report Page 4
3 Energy Commission – “2022 Cost-Effectiveness Study: New Single Family Buildings” – found the proposed all-electric new construction amendment to the Building Energy Efficiency Standards to be cost-effective.
B. An August 27, 2021 study prepared by Frontier Energy, Inc. and Misti Bruceri & Associates, LLC, funded by California utility ratepayers, and submitted to the California Energy Commission – “2019 Cost-Effectiveness Study: Existing Single Family Residential Building Upgrades” – found the proposed list items related to water heating are cost effective. This study also found that the proposed solar installation requirement, and a requirement for non-high efficacy internal lights be replaced with high efficacy internal lights was cost-effective.
C. Based on the foregoing studies, staff reports, and testimony of staff, the Ordinance’s amendments to the Building Energy Efficiency Standards are cost-effective; and D. The Department of Energy sets the minimum efficiency standards for equipment and appliances; none of the provisions in this Ordinance change minimum efficiency standards or regulations for covered products under the Energy Policy and Conservation Act, and therefore this Ordinance is not preempted by federal appliance regulations; and E. This Ordinance’s amendments to the Building Energy Efficiency standards will require buildings to achieve increased energy reductions.
SECTION 3. AMENDMENT TO SECTION 8.02.010
Section 8.02.010 of the Piedmont City Code is hereby repealed and replaced to read in its entirety as follows:
“The following 2022 California Building Standards Code, California Code of Regulations, Title 24, is hereby adopted by reference, as more specifically identified below. A copy of these codes will be kept on file at the Planning & Building Department.
A. 2022 California Residential Code, Part 2.5 of Title 24 of the California Code of Regulations, including Appendices AK and AX.
B. 2022 California Building Code of Regulations, Part 2 of Title 24 of the California Code of Regulations, Volumes 1 and 2 and Appendices D, F, G, H, I, and J.
C. 2022 California Mechanical Code, Part 4 of Title 24 of the California Code of Regulations, including its appendices.
D. 2022 California Plumbing Code, Part 5 of Title 24 of the California Code of Regulations, and its appendices.
E. 2022 California Electrical Code, Part 3 of Title 24 of the California Code of Regulations, and its annexes.
F. 2022 California Energy Code, Part 6 of Title 24 of the California Code of Regulations including all of its appendices.
Attachment A - Ordinance 766 N.S. Agenda Report Page 5
4 G. 2022 California Green Building Standards Code, Part 11 of Title 24 of the California Code of Regulations, including all of its appendices.
H. 2022 California Referenced Standards Code, Part 12 of Title 24 of the California Code of Regulations, including all of its appendices.
I. 2022 California Administrative Code, Part 1 of Title 24 of the California Code of Regulations, and its appendices.
J. 2022 California Historical Building Code, Part 8 of Title 24 of the California Code of Regulations, including all of its appendices.
K. 2022 California Existing Building Code, Part 10 of Title 24 of the California Code of Regulations, including all of its appendices.
L. 2022 California Fire Code, Part 9 of Title 24 of the California Code of Regulations, as adopted and/or amended by the office of the California State Fire Marshal, including Appendices A through O.”
SECTION 4. AMENDMENT TO SECTION 8.02.020
Section 8.02.020 of the Piedmont City Code is hereby repealed and replaced to read in its entirety as follows:
“This section amends the 2022 California Residential Code as adopted in Section 8.02.010, as set forth below.
A. Section R106 – Construction Documents. Section R106 is amended to add the following subsection R106.6:
R106.6 Renovation Energy Efficiency Upgrades and Electrification An alteration of or addition to a single family building, with a stated project value of $30,000 1 or
more, is required to submit documentation that one item from the following list of energy efficient measures is included in the scope of work, in addition to any requirements imposed under California Energy Code section 150.2. An alteration of or addition to a single family building with a stated project value of $115,0002or more shall require the inclusion of two items from the energy efficient measures below in the scope of work. 1 The amount of $30,000 shall be automatically adjusted for inflation annually on January 1 of each year beginning in 2024 based upon the California Construction Cost Index published by the California Department of General Services from data produced by the Engineering News Record. 2 The amount of $115,000 shall be automatically adjusted for inflation annually on January 1 of each year beginning in 2024 based upon the California Construction Cost Index published by the California Department of General Services from data produced by the Engineering News Record.
Attachment A - Ordinance 766 N.S. Agenda Report Page 6
5 Energy Efficient Measures and Electrification:
A. Install R-49 attic insulation, and apply air sealing practices in all accessible areas of the building. Seal ducts to meet the requirements of Section 150.2(b)1.E of the 2022 California Energy Code.
B. Install R-13 wall insulation on exterior walls to meet the requirements of Section 150.0(c) of the 2022 California Energy Code.
C. Install R-19 insulation at raised floor assemblies meeting standards of 2022 California Energy Code Section 150.0(d).
D. Install R-3 insulation on all accessible hot water piping. Install R-6 insulation to the exterior of existing residential tank storage water heaters.
E. Replace all screw in incandescent and CFL lamps with screw in LED lamps in all light fixtures per 2022 California Energy Code Section 150.0(k).
F. Replace Fuel Gas furnace with an electric heat pump system meeting the Requirements of the 2022 California Energy Code Section 150.2(b)C or with another high efficiency electric space heating system if approved by the Building Official.
G. Replace Fuel gas water heater with a heat pump water heater meeting the requirements of 2022 California Energy Code Section 150.2(b)H.iii.(b) or 150.2(b)H.iii.(c), or with other high efficiency electric water heating system per approval of the Building Official.
H. Implement one or more recommendations specified in a Home Energy Score or Home Energy Audit report that has been completed within five years and that is submitted with the application for a building permit, with the approval of such recommendation by the Building Official.
Exceptions:
1. A Home Energy Score Report for the single family building, completed within 5 years, demonstrating that the building already has a minimum Home Energy Score of 7, is submitted to the Building Official.
2. In accordance with Section R104.10 Modifications, the Building Official shall not require the installation of R 106.6 Renovation Energy Efficiency Upgrades, Measures F and/or G if one or more of the following conditions apply:
a. The unique features of the construction of the single family building structure, including, but not limited to existing heating and/or cooling system(s) that are not configured for conversion to forced air systems preclude installation of those measures. b. The installation of the measures is not commensurate with the project’s scope and budget, as determined by the Building Official, because the cost of those measures would exceed 20% of the total project cost or require substantial construction in areas of the residential structure that would otherwise not be part of the project. c. Requiring the installation of measures is otherwise prohibited by other applicable law.” B. Section R202 – Definitions. Section R202 – Definitions is amended to replace the definition of crawlspace with the following, and add the following definition of Crawl Space and Home Energy Score:
CRAWL SPACE. An underfloor space with a maximum height of 5 feet that is not a basement.
Attachment A - Ordinance 766 N.S. Agenda Report Page 7
6 HOME ENERGY SCORE. Home Energy Score means the score provided by a Home Energy Score Certified Assessor following an assessment of a property, using the Home Energy Score Scoring Methodology developed by the U.S. Department of Energy.” SECTION 5. AMENDMENT TO SECTION 8.02.060
Section 8.02.060 of the Piedmont City Code is hereby repealed and replaced to read in its entirety as follows:
“This section amends the 2022 California Electrical Code as adopted in Section 8.02.010, as set forth below.
A. Subsection 210.52(F) Laundry Areas. Section 210.52(F) is replaced in its entirety as follows:
“(F) Laundry Areas. In dwelling units, at least one receptacle outlet shall be installed in areas designated for the installation of laundry equipment. At least one 120/240v, 30 ampere circuit shall be installed within 6 feet of appliance location in accordance with Section 210.50(C).
Exception No. 1: A receptacle for laundry equipment shall not be required in a dwelling unit of a multifamily building where laundry facilities are provided on the premises for use by all building occupants.
Exception No. 2: A receptacle for laundry equipment shall not be required in other than one-family dwellings where laundry facilities are not to be installed or permitted.”
B. Section 210.52 Dwelling Unit Receptacle Outlets. Section 210.52 is amended to add the subsection:
(J) Kitchen Cooking Appliances. At least one 240v 50 ampere circuit shall be installed within 6 ft. of the appliance location, in accordance with Section 210.50(C).
C. Section 220.83 Existing Dwelling Unit. Section 220.83 is replaced in its entirety as follows:
220.83 Existing Dwelling Unit. This section shall be permitted to be used to determine if the existing service or feeder is of sufficient capacity to serve additional loads. Where the dwelling unit is served by a 120/240-volt or 208Y/120-volt, 3-wire service, calculate the total load in accordance with Section 220.83(B). (A) Where Additional Air Conditioning Equipment or Electric Space-Heating Equipment Is Not to Be Installed. This section is deleted in its entirety. (B) Where Additional Air Conditioning Equipment or Electric Space Heating Equipment Is to Be Installed. The following percentages shall be used for existing Attachment A - Ordinance 766 N.S. Agenda Report Page 8
7 and additional new loads. The larger connected load of air-conditioning or spaceheating, but not both, shall be used.
Load Percent of Load
Air-conditioning equipment 100
Central electric space heating 100
Less than four separately controlled space-heating units 100 First 8 kVA of all other loads 100
Remainder of all other loads 40
Other loads shall include the following:
(1) General lighting and general-use receptacles at 33 volt-amperes/m² or 3 voltamperes/ft² as determined by 220.12 (2) 1500 volt-amperes for each 2-wire, 20-ampere small-appliance branch circuit and each laundry branch circuit covered in 210.11(C)(1) and (C)(2) (3) The nameplate rating of the following:
a. All appliances that are fastened in place, permanently connected, or located to be on a specific circuit
b. Wall-mounted ovens, counter-mounted cooking units
c. Water heaters
(4) One 30 ampere circuit for clothes dryers per Section 210.52(F) (5) One 50 ampere circuit for induction range per Section 210.52 (J) (6) One 40 ampere circuit for electric vehicle charging station per Article 625.” SECTION 6. AMENDMENT TO SECTION 8.02.070
Section 8.02.070 of the Piedmont City Code is hereby repealed and replaced to read in its entirety as follows:
“This section amends the 2022 California Energy Code as adopted in Section 8.02.010, as set forth below.
A. Section 100.0 – Scope. Section 100.0(e)(2)(D) is amended to add a new subsection section (iii) as follows:
“(iii) New construction single family buildings shall be an All-Electric Building or All Electric Design as defined in Section 100.1(b).”
B. Section 100.1(b) – All Occupancies – General Provisions. Section 100.1(b) is amended to include the following definition:
ALL-ELECTRIC BUILDING or ALL-ELECTRIC DESIGN is a building or building design that uses a permanent supply of electricity as the only source of energy for space conditioning (including heating and cooling), water heating (including pools and spas), cooking appliances, and clothes drying appliances, and has no natural gas or propane plumbing installed at the building.
Attachment A - Ordinance 766 N.S. Agenda Report Page 9
8 C. Section 150.1 – Performance and Prescriptive Compliance Approaches for SingleFamily Residential Buildings. Section 150.1 is amended to add a new subsection (4) as follows:
4. New construction single family buildings shall be an All-Electric Building or All Electric Design as defined in Section 100.1(b).
D. Section 150.0 – Mandatory Features and Devices. Section 150.0 is amended to replace the introductory sentence and note in their entirety as follows:
Single family buildings shall comply with the applicable requirements of Sections 150(a) through 150(v).
NOTE: The requirements of Sections 150.0 (a) through (v) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(v) also apply to additions or alterations.
E. Section 150.0(e) – Installation of fireplaces, decorative gas appliances and gas logs.
Section 150.0(e) is amended to add the following sentence to the beginning of the section:
In any single family building required to be an All-Electric Building or All Electric Design under this code, interior and exterior fireplaces shall be electric, not fueled by Fuel Gas.
F. Section 150.0(h) – Space-conditioning equipment. Section 150.0(h) is amended to add the following sentence to the beginning of the section:
In any single family building required to be an All-Electric Building or All Electric Design under this code, construction space-conditioning equipment shall be electric, not fueled by Fuel Gas.
G. Section 150.0(n) – Water heating system. Section 150.0(n) is amended to add the following sentence to the beginning of the subsection:
In any single family building required to be an All-Electric Building or All Electric Design under this code, heating systems and equipment shall be electric, not fueled by Fuel Gas.
H. Section 150.0(u) – Electric cooktop ready. Section 150.0 is amended to add the following sentence to the beginning of the section (u):
In any single family building required to be an All-Electric Building or All Electric Design under this code, cooking appliances shall be electric, not fueled by Fuel Gas.
I. Section 150.0(v) – Electric clothes dryer ready. Section 150.0(v) is amended to add the following sentence to the beginning of the section (v):
Attachment A - Ordinance 766 N.S. Agenda Report Page 10 9 In any single family building required to be an All-Electric Building or All Electric Design under this code, clothes dryers shall be electric, not fueled by Fuel Gas.
J. Subsection 150.2(a) – Additions. Section 150.2(a) is amended to add the following language after the first sentence:
Requirements for installation of All-Electric Design water heating systems, space conditioning equipment, fireplaces and decorative gas appliances, and clothes drying appliances, and cooking appliances as specified for new construction in Sections 150.0(e), 150.0(h), 150.0(n), 150.0(u), and 150.0(v) do not apply to additions.
K. Section 150.2(a) – Additions. Section 150.2(a) is amended to replace Exception 6 in its entirety as follows:
Exception 6 to Section 150.2(a): Photovoltaic systems, as specified in Section 150.1(c)14 including the exceptions listed therein, are not required for additions, except that additions of an entirely new upper level or that increase the building’s total roof area by thirty percent (30%) or more shall meet the photovoltaic requirements of Section 150.1(c)14.
L. Section 150.2(b) – Alterations. Section 150.2(b) is amended to add the following language after the first sentence:
Requirements for installation of All-Electric Design water heating systems, space conditioning equipment, fireplaces and decorative gas appliances, and clothes drying appliances, and cooking appliances as specified for new construction in Sections 150.0(e), 150.0(h), 150.0(n), 150.0(u), and 150.0(v) do not apply to alterations.” SECTION 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that the adoption of this Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in a physical change to the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The Ordinance is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment.
The foregoing determination is made by the City Council in its independent judgment. Staff shall prepare and file a notice of exemption in accordance with this determination and the requirements of CEQA.
Attachment A - Ordinance 766 N.S. Agenda Report Page 11 10 SECTION 8. SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part of it is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, the illegality, invalidity, unconstitutionality, or inapplicability will not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts of the Ordinance or their applicability to other persons or circumstances.
SECTION 9. POSTING, FILING, AND EFFECTIVE DATE
This Ordinance shall be posted at City Hall after its second reading by the City Council for at least 30 days and shall become effective on the later of (i) January 1, 2023, or (ii) upon the date that the amendments reflected in this Ordinance are approved by the California Energy Commission. The City Clerk shall cause a copy of this Ordinance to be filed with the California Energy Commission and the California Building Standards Commission in the manner required by law.
[END OF ORDINANCE]
Attachment A - Ordinance 766 N.S. Agenda Report Page 12