Section
15.05.010 Findings and purpose
15.05.020 Applicability
15.05.030 Definitions
15.05.040 Requirement for all-electric construction in newly constructed buildings
15.05.050 Public interest exemption
15.05.060 Revocable building and infrastructure exemption
15.05.070 Revocation of natural gas infrastructure exemption
15.05.080 Appeals
15.05.090 Periodic review
The Fairfax Town Council finds and expressly declares as follows:
(A) Scientific evidence has established that natural gas combustion as well as leakage occurring during natural gas procurement, transportation, storage, and distribution produce significant greenhouse gas emissions that contribute to global warming and climate change.
(B) The following addition to the Fairfax Municipal Code is reasonably necessary because of local climatic, geologic, and topographical conditions as listed below:
(1) The town is situated along a wildland-urban interface and is extremely vulnerable to wildfires and firestorms, and human activities releasing greenhouse gases into the atmosphere cause increases in worldwide average temperature, drought conditions, vegetative fuel, and length of fire seasons.
(2) Structures in the town are located in close proximity to the San Andreas and Hayward seismic faults, which collectively and individually maintain the potential to produce serious damage, fires, and/or explosions as a result of damage to natural gas infrastructure in buildings due to unforeseeable seismic activity.
(3) The town has a history of significant flooding from the Fairfax and San Anselmo Creeks and their tributaries. Extreme weather conditions resulting from climate change may result in sudden, prolonged rainfall leading to further flooding events.
(C) The following addition to the Fairfax Municipal Code is also reasonably necessary because of health and safety concerns as Fairfax residents suffer from asthma and other health conditions associated with poor indoor and outdoor air quality exacerbated by the combustion of natural gas.
(D) As described in the Town of Fairfax Climate Action Plan and Fairfax Climate Emergency Declaration (Resolution No. 19-04) rapid, far-reaching and unprecedented changes in all aspects of society are required to limit global warming and the resulting environmental threat posed by climate change, including the prompt phasing out of natural gas as a fuel for heating and cooling infrastructure in new buildings.
(E) Substitute electric heating and cooling infrastructure in new buildings fueled by less greenhouse gas intensive electricity is linked to significantly lower greenhouse gas emissions and is cost competitive because of the aggregate cost savings associated with all electric designs that avoid new gas infrastructure and increasing natural gas fuel prices.
(F) All-electric building design benefits the health, welfare, and resiliency of Fairfax and its residents.
(G) The most cost-effective time to integrate electrical infrastructure is in the design phase of a building project because building systems and spaces can be designed to optimize the performance of electrical systems inasmuch as projects can take full advantage of avoided costs and space requirements from the elimination of natural gas piping and equipment venting systems.
(H) The intent of this chapter is to eliminate natural gas infrastructure and associated greenhouse gas emissions in new buildings where all-electric infrastructure can be most practicably integrated, thereby reducing the environmental and health hazards produced by the consumption and transportation of natural gas.
(Ord. 856, passed 9-1-2021)
(A) The requirements of this chapter shall apply to building permit applications submitted on or after the effective date of this chapter for all newly constructed buildings proposed to be located in whole or in part within the town.
(B) The requirements of this chapter shall not apply to portable propane appliances for outdoor cooking and heating.
(C) This chapter shall in no way be construed as amending Energy Code requirements under Title 24 of the California Code of Regulations, Part 6 or Part 1, nor as requiring the use or installation of any specific appliance or system as a condition of approval.
(Ord. 856, passed 9-1-2021)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL-ELECTRIC BUILDING. 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.
APPLICANT. An applicant for a building permit.
COMMERCIAL KITCHEN. A non-retail food facility devoted to the commercial preparation, production, and cooking of food and beverages for off-site consumption.
COOKING EQUIPMENT. Equipment intended for commercial use, including ovens, ranges, and cooking appliances for use in a commercial kitchen, restaurant, or other business establishment where food is dispensed.
FOOD SERVICE ESTABLISHMENT. Any newly constructed building with construction plans for a commercial kitchen or cooking equipment.
GREENHOUSE GAS EMISSIONS. Gases that trap heat in the atmosphere.
NATURAL GAS. The same meaning as "Fuel Gas" as defined in the California Plumbing Code and Mechanical Code.
NATURAL GAS INFRASTRUCTURE. Fuel gas piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as specified in the California Mechanical Code and Plumbing Code.
NEWLY CONSTRUCTED BUILDING. A building that has never before been used or occupied for any purpose.
(Ord. 856, passed 9-1-2021)
(A) Newly constructed buildings shall be all-electric buildings as defined in § 15.05.030.
(1) Exception: Natural gas infrastructure may be permitted in a newly constructed building if the applicant establishes that it is not physically feasible to construct the building without natural gas infrastructure. For purposes of this exception, "physically feasible" to construct the building means either an all-electric prescriptive compliance approach is available for the building under the Energy Code or the building is able to achieve the performance compliance standards under the Energy Code using commercially available technology and an approved calculation method.
(2) Exception: The requirements of this chapter shall not apply to development projects that have obtained vested rights prior to the effective date of this chapter pursuant to a preliminary affordable housing project application in accordance with Cal. Gov’t Code § 65589.5(o), a development agreement in accordance with Cal. Gov’t Code § 65866, a vesting tentative map in accordance with Cal. Gov’t 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.
(B) To the extent that natural gas infrastructure is permitted, it shall be permitted to extend to any system, device, or appliance within a building for which an equivalent all-electric system or design is not available.
(C) Newly constructed buildings shall nonetheless be required at a minimum to have sufficient electric capacity, wiring and conduit to facilitate future full building electrification.
(D) The requirements of this chapter shall be deemed objective planning standards under Cal. Gov’t Code § 65913.4 and objective development standards under Cal. Gov’t Code § 65589.5.
(Ord. 856, passed 9-1-2021)
(A) Notwithstanding the requirements of this chapter and the greenhouse gas emissions and other public health and safety hazards associated with natural gas infrastructure, minimally necessary and specifically tailored natural gas infrastructure may be allowed in a newly constructed building provided that the entitling or permitting body establishes that the use serves the public interest. In determining whether the construction of natural gas infrastructure is in the public interest, the town may consider:
(1) The availability of alternative technologies or systems that do not use natural gas;
(2) Any other impacts that the decision to allow natural gas infrastructure may have on the health, safety, or welfare of the public.
(B) If the installation of natural gas infrastructure is granted under a public interest exemption, the newly constructed buildings shall nonetheless be required at the minimum to have sufficient electric capacity, wiring and conduit to facilitate future full building electrification.
(Ord. 856, passed 9-1-2021)
Notwithstanding the requirements of this chapter and the greenhouse gas emissions and other public health and safety hazards associated with natural gas infrastructure, minimally necessary and specifically tailored natural gas infrastructure shall be allowed in a newly constructed building on a revocable basis limited to the duration of time during which the conditions set forth below are satisfied and the building continues occupancy as the original design specified in the construction drawings permitted by the town as a newly constructed building:
(A) Food service establishment. A newly constructed building meeting the definition of “food service establishment” in § 15.05.030. The scope of the exemption extends to the preparation of food only, not HVAC, or water heating appliances.
(Ord. 856, passed 9-1-2021)
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