Petaluma Municipal Code Ch. 17.09 All-Electric Construction in Newly Constructed Buildings

The requirements of this chapter shall apply to all newly constructed buildings and substantial building alterations

as deZned in Section 17.09.020 at the time the city receives the building permit application for a newly constructed

building or substantial building alteration, except as otherwise provided in this chapter. (Ord. 2775 NCS §5, 2021.)

A. "Accessory dwelling unit" shall have the same meaning as speciZed in Section 65852.2 of the California

Government Code, as amended from time to time.

B. "All-electric building" is a building that uses a permanent supply of electricity as the source of energy for all

space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances, and

has no natural gas or propane plumbing installed in the building.

C. "All-electric design" means a plan or plans for a building or portion thereof that uses a permanent supply of

electricity as the source of energy for all space heating, water heating (including pools and spas), cooking

appliances, and clothes drying appliances, and has no natural gas or propane plumbing installed in the building.

D. "Building" shall have the same meaning as "building" as speciZed in the California Building Standards Code at

Title 24, Part 2, of the California Code of Regulations as amended from time to time.

E. "Electric-ready" is a building or portion thereof that contains electrical systems and designs that provide

capacity for a future retroZt of a mixed-fuel building to an all-electric building. To qualify as electric-ready,

buildings and portions of buildings must include su\cient space, drainage, electrical conductors or raceways, bus

bar capacity, and overcurrent protective devices to provide capacity for a future retroZt to an all-electric building.

F. "Essential services buildings" shall have the same meaning as "essential services buildings," as deZned by

Health and Safety Code Section 16007, as amended from time to time. For purposes of this chapter, essential

services buildings are publicly owned and/or publicly operated buildings whose purpose is to safeguard the public

health and safety. Essential services buildings generally exclude privately owned residences and/or commercial buildings; except that, privately owned commercial buildings may qualify as essential services buildings to the

extent they are publicly operated to safeguard the public health and safety.

G. "Junior accessory dwelling unit" shall have the same meaning as speciZed in Section 65852.22 of the

California Government Code, as amended from time to time.

H. "Mixed-fuel building" means a building that uses natural gas or propane as fuel for space heating or cooling,

exterior heating, decorative uses, lighting, water heating (including pools and spas), cooking appliances or clothes

drying appliances, on-site generation of electricity (except where primarily fueled by on-site digestion of organic

material), or contains Zxtures, piping systems, or infrastructure for natural gas or propane equipment for such

uses.

I. "Natural gas" shall have the same meaning as "fuel gas" as speciZed in Section 208.0 of the California

Plumbing Code and Section 208.0 of the California Mechanical Code, as amended from time to time.

J. "Newly constructed building" shall mean any building that: (1) is proposed to be located in whole or in part

within the city; (2) is not an alteration or addition to or repair of an existing building; (3) is subject to the city’s

regulatory authority pursuant to the city’s general plan, Implementing Zoning Ordinance, SmartCode and/or any

adopted speciZc plan or other city land use regulation, regardless of whether a discretionary permit is required or

not; and (4) has not been granted and/or is not subject to a valid building permit that remains in e]ect.

K. "Substantial building alteration" shall mean an alteration or addition to an existing building involving removal

of more than Zfty percent of the perimeter of the exterior walls of the existing building or the addition of more

than Zfty percent of the gross [oor area to the existing building.

(Ord. 2775 NCS §5, 2021.)

buildings.

A. Newly constructed buildings and substantial building alterations must satisfy the deZnition of an all-electric

building and/or have an all-electric design, except as otherwise provided in this chapter.

B. As of the e]ective date of this chapter, applicants are ineligible to apply for and the building o\cial may not

grant permits that would convert an all-electric building to a mixed-fuel building where the application was

submitted on or after the e]ective date of this chapter.

C. The requirements of this section are and shall be deemed objective planning standards for purposes of

Government Code Section 65913.4 and objective development standards for purposes of Government Code

Section 65589.5, as those sections may be amended from time to time.

(Ord. 2775 NCS §5, 2021.)

The requirements of this chapter shall not apply to:

A. Additions and alterations to existing buildings, except for substantial building alterations; and

B. The use of portable propane appliances outside of the building envelope, such as for outdoor cooking and

outdoor heating appliances; and

C. Essential services buildings that are electric ready; and

D. Back-up power facilities for essential services buildings; and

E. Development projects that have obtained vested rights prior to the e]ective date of this chapter pursuant to

a preliminary a]ordable housing project application in accordance with Government Code Section 65589.5(o), a

development agreement in accordance with Government Code Section 65866, a vesting tentative map in

accordance with Government Code 66998.1, or pursuant to the ruling in Avco Community Developers Inc. v. South

Coast Regional Communication (1976) 17 Cal. 3d 785, or pursuant to other applicable statutory or case law.

(Ord. 2775 NCS §5, 2021.)

A. Grant of Waiver and Waiver Criteria. The chief building o\cial may grant a permit in response to an application

to construct a new mixed-fuel building notwithstanding the requirements of Section 17.09.030, if the chief building

o\cial, in his or her sole discretion, determines in writing, based on su\cient information submitted by the permit

applicant, that the application qualiZes for a waiver in accordance with this section, because it is infeasible for the

proposed newly constructed building to be an all-electric building and/or to have an all-electric design, in

accordance with the following:

1. The proposed newly constructed building cannot satisfy all-electric building or all-electric design

prescriptive requirements based on the newly constructed building’s intended use(s) when compared to the

same building and intended use(s) modeled with natural gas under the California Energy Code; or

2. The proposed newly constructed building cannot satisfy all-electric building or all-electric design

performance requirements based on the newly constructed building’s intended use(s) when compared to the

same building and intended uses modeled with natural gas using commercially available technology and an

approved calculation method under the California Energy Code; and

3. The installation of natural gas piping systems, Zxtures and/or infrastructure in the proposed newly

constructed building is strictly limited to the system(s) and/or area(s) of the building regarding which the chief

building o\cial has determined that meeting all-electric building and/or all-electric design requirements is

infeasible; and

4. The proposed newly constructed building is electric-ready.

B. Cost Not a Factor. Financial considerations are not a basis for determining that it is infeasible for a proposed

newly constructed building to meet all-electric building and/or all-electric design requirements.

C. Appeals.

1. Any aggrieved applicant may appeal the determination of the chief building o\cial regarding the

granting or denial of a waiver pursuant to this section.

2. Appeals must be Zled in writing with the building o\cial not later than fourteen days after the date of

the building o\cial’s written determination regarding the waiver application.

3. Appeals must clearly state the basis for the appeal and provide adequate documentation of the basis for

the appeal.

4. Appeals shall be decided by the building board of appeals at a public hearing in accordance with Chapter

17.08.

(Ord. 2775 NCS §5, 2021.)

Violations of the requirements of this chapter shall be subject to enforcement and imposition of the civil and

administrative remedies in Chapters 1.10, 1.11, 1.13, 1.14, 1.15 and 1.16. (Ord. 2775 NCS §5, 2021.)

The building o\cial shall periodically review the requirements of this chapter for ongoing consistency with

California Building Standards Code codiZed in Title 24 of the California Code of Regulations, pursuant to the

triennial code adoption cycle and the local amendments in this code and is authorized to promulgate

administrative regulations implementing requirements of this chapter. (Ord. 2775 NCS §5, 2021.)

Nothing in this chapter is intended to amend and nothing in this chapter shall be construed so as to amend

California Energy Code requirements in Part 6 of Title 24 of the California Code of Regulations. (Ord. 2775 NCS §5,

2021.)

Nothing in this chapter is intended to amend or con[ict with and nothing in this chapter shall be construed so as

to amend or con[ict with any provisions of the National Appliance Energy Conservation Act of 1975, and nothing in

this chapter is intended to impose and nothing in this chapter shall be construed so as to impose a requirement to

use or install any particular appliance or appliance system. (Ord. 2775 NCS §5, 2021.)