Chapter 15.44
FREMONT ENERGY CODE

Sections:

15.44.010    Title.

15.44.020    Adoption of the 2016 California Energy Code with amendments.

15.44.030    Amendment to 2016 CEnC Table 140 (Performance and Prescriptive Compliance Approaches).

15.44.040    Amendment to 2016 CEnC Section 110.10 (Mandatory Requirements for Solar Ready Buildings).

15.44.050    Amendment to 2016 CEnC Section 110.12 (Mandatory Requirements for the Installation of Photovoltaic Solar Energy Systems in New Residential Construction).

15.44.010 Title.

This chapter shall be known and may be cited as the “Fremont energy code” or “FEnC” and will be referred to in this chapter as “this code.” (Ord. 21-2016 § 9, 11-1-16.)

15.44.020 Adoption of the 2016 California Energy Code with amendments.

The 2016 Edition of the California Energy Code (CEnC) as published by the state of California is adopted as the energy code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2016 CEnC shall be maintained on file in the office of the city clerk. (Ord. 21-2016 § 9, 11-1-16.)

15.44.030 Amendment to 2016 CEnC Table 140 (Performance and Prescriptive Compliance Approaches).

Table 140.7-B of the 2016 California Energy Code is amended by modifying the following rows below the header to read as follows. The remainder of Table 140.7-B is unchanged:

Lighting Application

Lighting Zone 0

Lighting Zone 1

Lighting Zone 2

Lighting Zone 3

Lighting Zone 4

Primary Entrances to Senior Care Facilities, Police Stations, Hospitals, Fire Stations, and Emergency Vehicle Facilities

Not applicable

20 watts

40 watts

60 watts

80 watts

Drive up Windows

Not applicable

30 watts

40 watts

60 watts

100 watts

Outdoor Sales Frontage

Not applicable

No Allowance

15 W/linear ft

25 W/linear ft

30 W/linear ft

Outdoor Sales Lot

Not applicable

0.100 W/ft2

0.250 W/ft2

0.500 W/ft2

1.000 W/ft2

Vehicle Service Station Hardscape

Not applicable

0.010 W/ft2

0.100 W/ft2

0.150 W/ft2

0.200 W/ft2

Non-sales Canopies and Tunnels

Not applicable

0.080 W/ft2

0.160 W/ft2

0.300 W/ft2

0.400 W/ft2

Outdoor Dining

Not applicable

0.010 W/ft2

0.100 W/ft2

0.150 W/ft2

0.200 W/ft2

(Ord. 21-2016 § 9, 11-1-16.)

15.44.040 Amendment to 2016 CEnC Section 110.10 (Mandatory Requirements for Solar Ready Buildings).

Section 110.10 of the 2016 California Energy Code is amended as follows:

(a) Covered Occupancies.

1. Single Family Residences. Newly Constructed single family residences shall comply with the requirements of Section 110.10(b) through 110.10(e).

2. – 4. {CEnC text not modified}

(b) Solar Zone.

1. {CEnC text not modified}

A. Single Family Residences. The solar zone shall be located on the roof or overhang of the building and have a total area no less than 250 square feet.

EXCEPTION 1 to Section 110.10(b)1A: Single family residences with a permanently installed solar electric system having a nameplate DC power rating, measured under Standard Test Conditions, of no less than 1000 watts shall provide solar readiness for any area of the required solar zone not already covered by the installed system.

EXCEPTION 2 – EXCEPTION 7 {CEnC text not modified}

B. Low-rise and High-rise Multi-family Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings. The solar zone shall be located 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 and have a total area no less than 15 percent of the total roof area of the building excluding any skylight area.

EXCEPTION 1 to Section 110.10(b)1B: Buildings with a permanently installed solar electric system having a nameplate DC power rating, measured under Standard Test Conditions, of no less than one watt per square foot of roof area shall provide solar readiness for any area of the required solar zone not already covered by the installed system.

EXCEPTION 2 – EXCEPTION 5 {CEnC text not modified}

2. – 4. {CEnC text not modified}

(c) - (e) {CEnC text not modified}

(Ord. 05-2017 § 1, 5-2-17.)

15.44.050 Amendment to 2016 CEnC Section 110.12 (Mandatory Requirements for the Installation of Photovoltaic Solar Energy Systems in New Residential Construction).

Section 110.12 of the 2016 California Energy Code is amended as follows:

(a) Definitions

1. “Module Nameplate Output” means the nameplate DC power rating of the solar module, measured under Standard Test Conditions.

2. “Newly Constructed Building” means a building that has never been used or occupied or any purpose.

3. “Residential Occupancies” include buildings of Occupancy Group R-1, R-2, and R-3 where the occupants are primarily permanent in nature. This excludes buildings classified as Group R-2.1, R-3.1, R-4 and I, including:

• Adult facilities that provide accommodations for six or fewer persons of any age for less than 24-hours. Licensing categories that may use this classification include, but are not limited to:

- Adult Day Programs.

• Child care facilities that provide accommodations for six or fewer persons of any age for less than 24-hours. Licensing categories that may use this classification include, but are not limited to:

- Day-care Center for Mildly III Children, Infant Care Center and School Age Child Day-care Center.

- Family Day-care Homes that provide accommodations for 14 or fewer children, in the provider's own home for less than 24-hours.

• Congregate living facilities or congregate residences with 16 or fewer persons.

4. “Steep-Sloped Roof” means roofs that have a ratio of rise to run of greater than 2:12.

5. “TDV” means time dependent valuation.

(b) Purpose and intent

It is the purpose and intent of this section to provide standards for builders and developers of newly constructed residential structures to install solar photovoltaic systems at the time of construction in an effort to achieve energy savings and increase deployment of renewable energy technology.

(c) Requirements

Newly constructed buildings of residential occupancy in the City of Fremont shall:

1. Be designed to include the green building measures specified as mandatory under the California Green Building Standards Code (CalGreen) Chapter 4;

2. Have a solar photovoltaic system installed. The minimum system requirement shall be satisfied using either of two methods, prescriptive or performance:

A. Prescriptive Method. The method shall be applicable to those buildings less than 4,500 square foot of conditioned floor space. The nameplate system size shall be calculated as the sum of each solar module’s nameplate output. The minimum capacity shall be:

Table 110.12-A: Minimum Nameplate System Size (kWDC) Required [CZ3]

Conditioned Space (ft2)

Minimum kW (DC) Required

Less than 1000

1.5

1000 - 1499

1.7

1500 - 1999

2.1

2000 - 2499

2.4

2500 - 2999

2.7

3000 - 3499

3.0

3500 - 3999

3.2

4000 - 4499

3.5

B. Performance Method. Install a solar photovoltaic system sized to meet the minimum percentage of the building’s total TDV energy on an annual basis, as defined in Table 110.12-B. The system sizing requirement shall be based upon total building TDV energy use, including both conditioned and unconditioned space and calculated using modeling software or other methods approved by the Building Official. Buildings with 4,500 square foot or greater of conditioned floor area must use the performance method.

Table 110.12-B: Minimum Percent Reduction of Total Annual TDV Energy Use by Climate Zone

Climate Zone

PV % Total TDV

CZ3

55%

C. The photovoltaic system shall be located on-site;

D. Fixed orientation photovoltaic systems located on a steep-sloped roof shall be oriented between 110 degrees and 270 degrees of true north. There is no tilt requirement for the solar photovoltaic system;

E. All photovoltaic systems must meet the minimal shading criterion to satisfy the installation requirement. The minimal shading criterion requires that no obstruction is closer than a distance “D” of twice the height “H” of the obstruction and the distance “D” must be at least two times greater than the height “H”. All obstructions that project above the point on the array that is closest to the obstruction must meet this criterion for the array to be considered minimally shaded. Obstructions that are subject to this criterion include:

i. Any vent, chimney, architectural feature, mechanical equipment, or other obstruction that is on the roof or any other part of the building;

ii. Any part of the neighboring terrain;

iii. Any tree that is mature at the time of installation of the photovoltaic system;

iv. Any tree that is planted on the building lot or neighboring lots or planned to be planted as part of the landscaping for the building (the expected shading must be based on the mature height of the tree);

v. Any existing neighboring building or structure;

vi. Any planned neighboring building or structure that is known to the applicant or building owner; and

vii. Any telephone or other utility pole that is closer than 30 feet from the nearest point of the array.

3. Solar energy systems that are leased by the end-use customer (tenant or owner) or that supply electricity to the end-use customer through a power purchase agreement (PPA) may be used to satisfy the requirement provided the system meets all other requirement criteria;

4. Buildings shall comply with the 2016 Title 24 Building Energy Code without claiming the solar compliance credit described in Section 2.2.3 of the 2016 Title 24, Part 6, Residential Alternative Calculation Method Reference Manual;

5. At the earliest feasible time after the prospective purchaser is identified, the developer or builder shall provide the option of an expanded system size beyond the minimum mandatory system sizing requirements; and

6. To accommodate for future system expansion, the developer or builder shall provide for an interconnection pathway as detailed in 2016 CEnC Subchapter 2, Section 110.10, which shall be equipped with conduit or wiring sized to provide solar readiness for any area of the required solar zone not already covered by the installed system.

(d) Other considerations

1. To accommodate for future system expansion, the applicant is encouraged to utilize micro-inverter or other equivalent expandable technologies in the initial system design.

2. To accommodate for greater possible building energy use offset through the use of on-site photovoltaic solar energy systems, the applicant is encouraged to consider an all-electric building energy system design.

(e) Alternatives and exceptions

1. Alternative on-site renewable energy systems other than roof mounted solar energy systems, including ground-mounted solar structures, roof-mounted wind turbines, or ground-mounted wind turbines per FMC 18.185, may be substituted for the solar energy generation requirement for any development.

2. In the case of practical challenges such as building site location, limited rooftop availability, shading from nearby structures, topography or vegetation, or other conditions, the Building Official may waive or reduce the requirement and/or impose one of the following alternatives:

A. Exceed mandatory energy compliance standards by meeting CalGreen Tier 1, as defined in CalGreen Section A4.203.1.2.1.

B. Other methods as determined, providing the Building Official finds that the proposed alternative is satisfactory and complies with the intent of this section.

The applicant is responsible for demonstrating requirement infeasibility when applying for an exemption.

(Ord. 05-2017 § 2, 5-2-17.)