HomeMy WebLinkAboutOrd 19791
ORDINANCE NO. 1979
AN ORDINANCE OF THE CITY OF BURLINGAME
ADOPTING AMENDMENTS TO THE MUNICIPAL CODE TO REQUIRE BUILDING
ELECTRIFICATION, SOLAR ENERGY SYSTEMS, AND ELECTRIC VEHICLE
INFRASTRUCTURE ON NEWLY CONSTRUCTED SINGLE FAMILY RESIDENCES TO
REDUCE GREENHOUSE GAS EMISSIONS
The City Council of the City of Burlingame ordains as follows:
DIVISION 1. Factual Background
WHEREAS, consensus exists among the world’s leading climate scientists that climate
change caused by greenhouse gas (GHG) emissions from human activities is among the most
significant problems facing the world today; and
WHEREAS, the City of Burlingame adopted a Climate Action Plan (CAP) that directs the
City in reducing approximately 50,000 tons of GHG emissions by the year 2030 to meet
reduction goals consistent with California’s GHG targets; and
WHEREAS, measures in the CAP aim to curb the use of fossil fuels, a primary
contributor to GHG emissions, in buildings and transportation; and
WHEREAS, reach codes that extend beyond the California building code are being
adopted by cities region wide to accelerate GHG reductions from new construction by limiting
the use of natural gas, increasing local solar production, and installing electric vehicle (EV)
infrastructure to charge a greater number of EV’s beyond state code requirements; and
WHEREAS, Peninsula Clean Energy has provided support and technical resources to
jurisdictions to adopt a reach code including model ordinances and cost effectiveness studies;
and
WHEREAS, Burlingame’s reach code ordinance for single family residences is based on
Peninsula Clean Energy’s model reach code ordinances for building electrification, solar, and
EV infrastructure; and
WHEREAS, the assumptions for climate zones, building types, cost effectiveness, and
the provisions of the model reach code are applicable to the City of Burlingame; and
WHEREAS the reach code ordinance would implement at least three measures from the
City’s CAP; and
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WHEREAS, the City of Burlingame wishes to adopt the reach code ordinance to
enhance building electrification, solar production, and EV infrastructure within the City as part of
Title 18 of the Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN
AS FOLLOWS:
DIVISION 2. Amendments
The City of Burlingame adopts the following local amendments to California Energy Code, 2019
Edition, Title 24, Part 6 of the California Code of Regulations: § 100.0 – Scope (e) Sections
applicable to Single Family Residences. The proposed Ordinance shows where changes were
made to the California Energy Code. Plain text is the State’s code; underlined text shows
additions; and strikethroughs indicate deletions. The Ordinance will be incorporated as a clean
version without edits. 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 Single Family Residences shall be All-Electric Buildings 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 include newly constructed
additions and improvements in existing buildings where more than 50 percent of the
valuation of the existing structure is being remodeled, provided the remodel also
includes a new heating, cooling, and ventilation system. The cost calculations for the
additions/improvements shall be calculated utilizing current Burlingame average
construction cost as determined by the Chief Building Official. Projects that have been
submitted to the Planning Division or have been granted entitlements before the
effective date of this ordinance are not required to meet the all-electric requirements.
Exception 1: Single Family Residences may contain non-electric indoor and outdoor
Cooking Appliances and Fireplaces.
Exception 2: If the applicant established that an all-electric building is infeasible for the
project due to exceptional or extraordinary circumstances particular to the project, then
the Chief Building Official may grant a modification. The design professional shall submit
findings demonstrating a unique reason that makes the technical code impractical, that
the modification is in conformity with the intent and purpose of the technical code, the
modification shall be as narrow as possible so as to effectuate as much of a reduction in
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natural gas as possible, and that such modification does not lessen health, life safety
and fire safety requirements or any degree of structural integrity. If the Chief Building
Official grants a modification pursuant to this Exception, the applicant shall comply with
the pre-wiring provision of Note 1 below.
Note 1: If natural gas appliances are used in any of the above exceptions, natural gas
appliance locations must also be electrically pre-wired for future electric appliance
installation. This 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; and
2. Both ends of the conductor or conduit shall be labeled with the words
“For Future Electric Appliance” and be electrically isolated; and
3. A circuit breaker shall be installed in the electrical panel for the branch
circuit and labeled for each circuit “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 are granted, the Chief Building Official shall have the
authority to approve alternative materials, design and methods of construction or
equipment per CBC 104.
Section 100.1(b) is modified by adding the following definitions:
ALL-ELECTRIC BUILDING: 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.
Section 110.2 is modified as follows:
SECTION 110.2 – MANDATORY REQUIREMENTS FOR SPACE-CONDITIONING
EQUIPMENT
Certification by Manufacturers. Any space-conditioning equipment listed in this section, meeting
the requirements of Section 100.0 (e)2A, may be installed so long as the manufacturer has
certified to the Commission that the equipment complies with all the applicable requirements of
this section.
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Section 110.3 is modified as follows:
SECTION 110.3 – MANDATORY REQUIREMENTS FOR SERVICE WATER-HEATING
SYSTEMS AND EQUIPMENT
(a) Certification by manufacturers. Any service water-heating system or equipment, meeting the
requirements of Section 100.0 (e)2A, may be installed so long as the manufacturer has certified
that the system or equipment complies with all of the requirements of this subsection for that
system or equipment.
Section 110.4 is modified as follows:
SECTION 110.4 – MANDATORY REQUIREMENTS FOR POOL AND SPA SYSTEMS AND
EQUIPMENT
(a) Certification by Manufacturers. Any pool or spa heating system or equipment, meeting the
requirements of Section 100.0 (e)2A, may be installed so long as the manufacturer has certified
that the system or equipment has all of the following:
Section 110.5 is modified as follows:
SECTION 110.5 – NATURAL GAS CENTRAL FURNACES, COOKING EQUIPMENT, POOL
AND SPA HEATERS, AND FIREPLACES: PILOT LIGHTS PROHIBITED
Any natural gas system or equipment, meeting the requirements of Section 100.0 (e)2A,
listed below may be installed so long as it does not have a continuously burning pilot
light:
Local Amendments to the Green Building Code
The proposed Ordinance shows where changes were made to the State Green Building Code.
Plain text is the State’s code; underlined text show additions; and strikethroughs indicate
deletions. The Ordinance will be incorporated as a clean version without edits.
SECTION 2
DEFINITIONS
EV Capable: A parking space linked to a listed electrical panel with sufficient capacity to
provide at least 110/120 volts and 20 amperes to the parking space. Raceways linking the
electrical panel and parking space only need to be installed in spaces that will be inaccessible in
the future, either trenched underground or where penetrations to walls, floors, or other partitions
would otherwise be required for future installation of branch circuits. Raceways must be at least
1” in diameter and may be sized for multiple circuits as allowed by the California Electrical
Code. The panel circuit directory shall identify the overcurrent protective device space(s)
reserved for EV charging as “EV CAPABLE.” Construction documents shall indicate future
completion of raceway from the panel to the parking space, via the installed inaccessible
raceways.
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Level 1 EV Ready Space: A parking space served by a complete electric circuit with a
minimum of 110/120 volt, 20-ampere capacity including electrical panel capacity, overprotection
device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the
California Electrical Code, wiring, and either a) a receptacle labelled “Electric Vehicle Outlet”
with at least a ½” font adjacent to the parking space, or b) electric vehicle supply equipment
(EVSE).
Level 2 EV Ready Space: A parking space served by a complete electric circuit with 208/240
volt, 40-ampere capacity including electrical panel capacity, overprotection device, a minimum
1” diameter raceway that may include multiple circuits as allowed by the California Electrical
Code, wiring, and either a) a receptacle labelled “Electric Vehicle Outlet” with at least a ½” font
adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum
output of 40 amperes.
Electric Vehicle Charging Station (EVCS): A parking space that includes installation of
electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to
a circuit serving a Level 2 EV Ready space. EVCS installation may be used to satisfy a Level 2
EV Ready space requirement.
SECTION 4
RESIDENTIAL MANDATORY MEASURES
4.106.4 Electric vehicle (EV) charging for new construction. New construction shall
comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of
EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the
California Electrical Code, Article 625.
Exceptions:
1. On a case-by-case basis, where the City has determined EV charging and
infrastructure are not feasible based upon one or more of the following
conditions:
1.1.1 Where there is no commercial power supply available to the designated
parking area.
1.1.2 Where there is evidence substantiating that meeting the requirements will
alter the local utility infra- structure design requirements on the utility side
of the meter so as to increase the utility side cost to the homeowner or the
developer by more than $400.00 per dwelling unit.
1.1.3 The construction is for an Accessory Dwelling Units (ADU) or Junior
Accessory Dwelling Unit (JADU) without additional parking facilities.
4.106.4.1 New one- and two-family dwellings and townhouses with attached private
garages.
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For each dwelling unit, install at least two EV Ready Spaces, including at least one Level 2 EV
Ready space as described in Section 2 Definitions. listed raceway to accommodate a dedicated
208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch
inside diameter). The raceway shall originate at the main service or subpanel and shall
terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location
of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or
concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install
a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a
branch circuit overcurrent protective device.
Exception: For each dwelling unit with only one parking space, only one Level 2 EV
Ready space is required.
4.106.4.1.1 Identification. The service panel or sub- panel circuit directory shall identify the
overcurrent protective device space(s) reserved for future EV charging as “Level 2 EV
CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV
CAPABLE”. “Level 2 EV Ready”.
4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV chargers are installed, EV
spaces required by Section 4.106.4.2.2, Item 3, shall comply with at least one of the following
options:
1. The EV space shall be located adjacent to an accessible parking space meeting the
requirements of the California Building Code, Chapter 11A, to allow use of the EV charger
from the accessible parking space.
2. The EV space shall be located on an accessible route, as defined in the California
Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in compliance
with the California Building Code, Chapter 11B, are not required to comply with Section
4.106.4.2.1.1 and Section 4.106.4.2.2, Item 3.
Note: Electric vehicle charging stations serving public housing are required to comply
with the California Building Code, Chapter 11 B.
4.106.4.2.3
Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt
dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside
diameter). The raceway shall originate at the main service or subpanel and shall terminate into
a listed cabinet, box or enclosure in close proximity to the proposed location of the EV spaces.
Construction documents shall identify the raceway termination point. The service panel and/or
subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and
space(s) reserved to permit installation of a branch circuit over- current protective device.
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4.106.4.2.4 Multiple EV spaces required. Construction raceway termination point and
proposed location of future EV spaces and EV chargers Construction documents shall also pro-
vide information on amperage of future EVSE, raceway method(s), wiring schematics and
electrical load calculations to verify that the electrical panel service capacity and electrical
system, including any on-site distribution transformer(s), have sufficient capacity to
simultaneously charge all EVs at all required EV spaces at the full rated amperage of the EVSE.
Plan design shall be based upon a 40-ampere minimum branch circuit. Raceways and related
components that are planned to be installed underground, enclosed, inaccessible or in
concealed areas and spaces shall be installed at the time of original construction.
4.106.4.2.5 Identification. The service panel or sub- panel circuit directory shall identify the
overcurrent protective device space(s) reserved for future EV charging purposes as “EV
CAPABLE” in accordance with the California Electrical Code. Refer to Section 2 Definitions for
identification requirements.
DIVISION 3:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 4:
This Ordinance is exempt from the environmental review requirements of CEQA pursuant to
Section 15061 (b)(3) of Title 14 of the California Code of Regulations because it can be seen
with certainty that there is no possibility that the provisions contained herein may have a
significant effect on the environment. Further, the Ordinance is also exempt from the
requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of
the California Code of Regulations as actions taken by regulatory agencies to assure the
maintenance, restoration, enhancement of natural resources, or protection of
the environment.
DIVISION 5:
This Ordinance shall be published in a newspaper of general circulation in accordance with
California Government Code Section 36933, published, and circulated in the City of Burlingame,
and shall be in full force and effect following approval by the California Energy Commission.
_________________________________
Emily Beach, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a public hearing at a regular meeting of the City Council held on
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the 6th day of July, 2020, and adopted thereafter at a regular meeting of the City Council held
on the 17th day of August 2020, by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ
NOES: Councilmembers: O’BRIEN KEIGHRAN
ABSENT: Councilmembers: NONE
__________________________________
Meaghan Hassel-Shearer, City Clerk
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