Millbrae Municipal Code Art. VIII Energy Code

The code of rules and regulations known and designated as the California Energy Code, 2025 Edition, with the California State Amendments, hereinafter called the Energy Code, which establishes the minimum requirements for effective use of energy in the design of new buildings and structures and additions to existing buildings, is adopted and by reference incorporated in this chapter as if fully set forth as the energy code of the city establishing the rules, regulations and standards as to all matters therein contained, subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the energy code shall be enforceable to the same extent as if contained in the body of the energy code. One copy of the energy code shall, at all times, be kept on file in the office of the building official.

Whenever reference is made within the Millbrae Municipal Code to the Uniform Codes, National Codes or any codes regulating the construction or maintenance of any building, structure or appurtenance thereto, such codes shall commonly mean the currently adopted building code set forth in this chapter.

Energy Code Section 100.0(e) is amended to read as follows:

(e) Sections applicable to particular buildings. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a).

1. All buildings. Sections 100.0 through 110.12 apply to all buildings.

EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A.

2. Newly constructed buildings.

A. All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable and shall be an All-Electric Building as defined in Section 100.1(b). For the purposes of All-Electric Building requirements, newly constructed buildings as defined in Section 100.1 shall not include newly constructed additions and tenant improvements in existing buildings.

Exception 1: Non-Residential Buildings containing a Scientific Laboratory Building, such area may contain a non-electric Space Conditioning System.

Exception 2: All one family, two family, ADUs, and low-density residential buildings may contain non-electric Cooking Appliances and Fireplaces.

Exception 3: Multifamily residential building projects that have been granted entitlements within one year or less before the effective date of this ordinance are not required to install all-electric water heating systems. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below.

Exception 4: Public agency owned and operated emergency centers.

Exception 5: If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the Energy Code, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method, then the Community Development Director or his/her designee may grant a modification. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below.

Exception 6: Non-residential buildings containing a for-profit restaurant open to the public or a commercial kitchen may install gas-fueled cooking appliances.

Note 1: If natural gas appliances are used in any of the above exceptions 1-6, natural gas appliance locations must also be electrically pre-wired for future electric appliance installation. They shall include the following:

1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer's recommendations) with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors;

2. Both ends of the conductor or conduit shall be labeled with the words "For Future Electric appliance" and be electrically isolated;

3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit, an example is as follows (i.e. "For Future Electric Range;") and

4. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code.

Note 2: If any of the exceptions 1-5 are granted, the Building Official shall have the authority to approve alternative materials, design, and methods of construction or equipment per CBC 104.

Energy Code Section 100.1(b) is amended by adding the following definitions to read as follows:

ALL ELECTRIC BUILDING: is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances. All Electric Buildings may include solar thermal pool heating.

SCIENTIFIC LABORATORY BUILDING: is a building or area where research, experiments, and measurement in medical, and life sciences are performed and/or stored requiring examination of fine details. The building may include workbenches, countertops, scientific instruments, and supporting offices.

Energy Code Section 110.2, first paragraph is amended to read as follows:

Certification by Manufacturers. Any space-conditioning equipment listed in this section, meeting the requirements of section 100.0(e)2A, may be installed only if the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section.

Energy Code Section 110.3(a) is amended to read as follows:

(a) Certification by Manufacturers. Any service water-heating system or equipment, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection for that system or equipment.

Energy Code Section 110.5, first paragraph is amended to read as follows:

Any equipment, meeting the requirements of Section 100.0 (e)2A, listed below may be installed only if it does not have a continuously burning pilot light:

Energy Code Section 140.0(b) is amended to read as follows:

(b) The requirements of Sections 120.0 through 130.5 (mandatory measures for nonresidential, high-rise residential and hotel/motel buildings) and for all newly constructed buildings:

1. A solar photovoltaic (PV) system equivalent in size to 50 percent of the roof area, excluding any skylight area, shall be installed on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building or on covered parking installed with the building project.

Exception 1 to 140.0(b)1: The Community Development Director or his/her designee may grant a modification if the applicant demonstrates that the required percentage of PV installation will over-generate the annual kWh required to operate the proposed building;

Exception 2 to 140.0(b)1: The PV system size may be reduced in size to the maximum that can be accommodated by the effective annual solar access due to shading from existing permanent natural or manmade barriers external to the building, including but not limited to trees, hills, and adjacent structures. The effective annual solar access shall be 70 percent or greater of the output of an unshaded PV array on an annual basis. No PV system is required if the effective annual solar access is restricted to less than 200 contiguous square feet. If the applicant demonstrates that conditions exist where excessive shading occurs, a performance equivalency approved by the Building Official may be used as an alternative;

Exception 3 to 140.0(b)1: If there is a vegetative roof which meets all relevant code requirements including considerations for wind, fire, and structural loads, the solar photovoltaic system may be reduced in size such that 50 percent area of the roof is covered in either photovoltaics or vegetative roof.