CHAPTER 8.
GREEN BUILDING STANDARDS CODE

Sections:

8-8.01    Title.

8-8.02    Adoption.

8-8.03    Amendments to California Green Building Standards Code.

8-8.01 Title.

The ordinance codified in this chapter shall be known and may be cited as the Green Building Standards Code of the City of Emeryville or the CALGreen Code and will be referred to in this chapter as “this code.”

(Sec. 10, Ord. 22-013, eff. Jan. 1, 2023)

8-8.02 Adoption.

The following documents are hereby collectively adopted as the Green Building Standards Code of the City of Emeryville, pursuant to the provisions of Section 50020 et seq. of the Government Code of the State:

(a)    The 2022 Green Building Standards Code (CALGreen Code) as promulgated by the California Building Standards Commission (CBSC).

A copy of this code is on file in the office of the Building Official.

(Sec. 10, Ord. 22-013, eff. Jan. 1, 2023)

8-8.03 Amendments to California Green Building Standards Code.

The 2022 California Green Building Standards Code is hereby amended as follows:

(a)    Section 202 is added to read as follows:

Section 202: Definitions.

ADDITION. An extension or increase in floor area of an existing building or structure.

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

ALTERATION OR ALTER. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. An equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.

NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building (or new construction) does not include additions, alterations or repairs.

(b)    Section 4.106.5 is added to read as follows:

Section 4.106.5 All Electric Buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

(c)    Section 4.106.5.1 is added to read as follows:

Section 4.106.5.1 New construction and qualifying alteration projects.

All newly constructed buildings shall be all-electric buildings. Alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric building’s requirements.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the Building Official.

Exceptions:

1.    Residential-occupancy projects for which a building permit application has been filed prior to July 13, 2022 are exempt.

2.    If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 4.106.5.2.

Emeryville shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

(d)    Section 4.106.5.2 is added to read:

Section 4.106.5.2 Requirements for combustion equipment.

Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

(1)    Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

(2)    Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance;” and

(3)    Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

(4)    Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

(5)    Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

(e)    Section 5.106 is added to read:

Section 5.106 – All Electric Buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.

(f)    Section 5.106.13.1 is added to read:

5.106.13.1. New construction and qualifying alteration projects.

All newly constructed buildings shall be all-electric buildings. Alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.

Exceptions:

(1)    Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install commercial food heat-processing equipment served by fuel gas. The local enforcing agency may grant the modification if they find:

(a)    A business-related need to cook with combustion equipment; and

(b)    The need cannot be achieved equivalently with an electric heating appliance; and

(c)    The applicant has employed reasonable methods to mitigate the greenhouse gas emissions of the combustion equipment.

(d)    The applicant shall comply with Section 5.106.13.2.

(2)    Hotels and motels with eighty or more guestrooms may utilize fuel gas in on-site commercial clothes drying equipment. The applicant shall comply with Section 5.106.13.2.

(3)    If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 5.106.13.2.

(4)    B; F; H; and L occupancies, as defined in the California Building Code, in nonresidential buildings may utilize fuel gas in on-site space heating equipment. Laboratories classified as B occupancy may also utilize fuel gas in on-site space heating equipment. The applicant shall comply with Section 5.106.13.2.

(5)    Non-residential-occupancy projects that have been approved for a Planning Permit as defined in the Planning Regulations at Section 9-8.216(y) of Title 9 of the Emeryville Municipal Code, or a Zoning Compliance Review as defined in the Planning Regulations at Section 9-8.226(e) of Title 9 of the Emeryville Municipal Code, prior to January 1, 2023, shall be exempt from the All-Electric Building local amendments. Non-residential-occupancy projects which do not require planning approval, and for which a building permit application has been filed prior to January 1, 2023 are also exempt.

(6)    Alternative materials, design and methods of construction or equipment may be considered per California Building Code Section 104 and approved by the Building Official.

(g)    Section 5.106.13.2 is added to read:

Section 5.106.13.2 Requirements for combustion equipment. Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

(1)    Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

(2)    Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance;” and

(3)    Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

(4)    Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

(5)    Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

(Sec. 10, Ord. 22-013, eff. Jan. 1, 2023)