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Fairfax, CA Municipal Code of Ordinances
FAIRFAX, CALIFORNIA MUNICIPAL CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE 1: GENERAL PROVISIONS
TITLE 2: ADMINISTRATION AND PERSONNEL
TITLE 3: REVENUE AND FINANCE
TITLE 4: RESERVED
TITLE 5: BUSINESS TAXES, LICENSES AND REGULATIONS
TITLE 6: ANIMALS
TITLE 7: RESERVED
TITLE 8: HEALTH AND SAFETY
TITLE 9: PUBLIC PEACE, MORALS AND WELFARE
TITLE 10: VEHICLES AND TRAFFIC
TITLE 11: RESERVED
TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACES
TITLE 13: PUBLIC SERVICES
TITLE 14: RESERVED
TITLE 15: BUILDINGS AND CONSTRUCTION
TITLE 16: SUBDIVISIONS
TITLE 17: ZONING
TITLE 18: DEVELOPMENT AGREEMENTS
TITLE 19: TELECOMMUNICATIONS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 15.04.075 REQUIREMENTS FOR ADDITIONS AND ALTERATIONS; LOCAL AMENDMENTS TO 2022 CALIFORNIA ENERGY CODE.
   (A)   Pursuant to § 15.04.010(g), Fairfax has adopted the 2022 Edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24, with additions and deletions as provided in this subchapter.
   (B)   The provisions of this subchapter shall constitute local amendments to the cross-referenced provisions of the 2022 California Energy Code and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this subchapter.
   (C)   The California Energy Code, Title 24, Part 6, is hereby amended provided below:
      (1)   Section 100.0 of Subchapter 1 of the 2022 California Energy Code is modified to add new section (i) as follows:
         (i)   Single-Family Building Remodel Energy Reach Code - Purpose and Intent. In addition to all requirements of the California Energy Code applicable to Existing Single-Family Building additions and alterations, the energy efficiency and renewable energy measures specified in Section 150.0(w) shall be required for Covered Projects of mixed-fuel buildings.
      (2)   Section 100.1(b) is modified by adding the following definitions:
         "All-electric Building" or "All-electric Design" as defined in § 15.04.070(C)(2), Fairfax Town Code.
         "Covered Project(s)" as defined in § 15.04.070(C)(10), Fairfax Town Code.
         "Mixed-fuel" building as defined in § 15.04.070(C)(23), Fairfax Town Code.
      (3)   Section 150.0 SINGLE-FAMILY RESIDENTIAL BUILDINGS - MANDATORY FEATURES AND DEVICES, first two paragraphs, are modified to read as follows:
         Existing Single-Family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(v), and Covered Existing Single-Family Projects, other than projects identified as all-electric construction for newly constructed or new construction buildings in § 15.04.070(C)(27), Fairfax Town Code, shall comply with the applicable requirements of Section 150.0(w).
         NOTE: The requirements of Sections 150.0(a) through 150.0(v) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(v) also apply to additions or alterations, with the exception that Covered Existing Single-Family Projects, other than projects identified as all-electric construction for newly constructed or new construction buildings, shall also be required to comply with Section 150.0(w).
   Section 150.0(w) is added to read as follows
      (w)   Requirements for a Covered Project are outlined by project type in § 15.04.085, Table 1, Fairfax Town Code. A Covered Existing Single-Family Project, as defined in § 15.04.075(C)(10)(ii), Fairfax Town Code, that includes an electrical panel upgrade, a kitchen remodel or a laundry room remodel shall comply with the requirements for Measure ER2 in § 15.04.085, Table 2, Fairfax Town Code. In addition, a Covered Existing Single-Family Project in a building originally permitted for construction on or before December 31, 2010, shall install a set of measures from the Measure Menu in § 15.04.085, Table 2, Fairfax Town Code, to achieve a total Measure Point Score that is equal to or greater than the Target Score in said table and shall conform to the List of Measure Specifications in § 15.04.085, Table 3, Fairfax Town Code, except as otherwise described below:
         (i)   Projects identified as all-electric construction for newly constructed or new construction buildings in § 15.04.070(C), Fairfax Town Code.
         (ii)   Projects less than 200 square feet.
         (iii)   Projects that are limited solely to a newly created attached Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Unit (JADU) as defined in § 15.04.070(C)(3), Fairfax Town Code. A newly created ADU and JADU shall include either additions or conversions of existing space. This exception DOES NOT apply to a Covered Existing Single-Family Project of an existing ADU or JADU.
         (iv)   Mobile Homes, Manufactured Housing, or Factory-built Housing as defined in Division 13 of the California Health and Safety 12 Code (commencing with section 17000 of the Health and Safety Code).
         (v)   If due to conditions specific to the project, it is technically or economically infeasible to achieve compliance, the chief building official may reduce the Target Score and/or waive some or all of the mandatory requirements.
         (vi)   If the applicant demonstrates that the Energy Budget of the proposed building, as calculated under Section 150.1(b), would be less than or equal to the Energy Budget of the building if it otherwise complied with this Section, 150.0(w).
         (vii)   A resident owner or occupant demonstrates that they qualify for the California Alternative Rates for Energy (CARE) or Family Electric Rate Assistance (FERA) program may comply by installing, to the specifications in § 15.04.085 Table 3, Fairfax Town Code, the following:
            (a)   E1: Lighting Measures; and
            (b)   E2: Water Heating Package
   (D)   In addition, all mandatory measures listed in § 15.04.085, Table 2, Fairfax Town Code, shall be installed.
   (E)   Measure verification shall be explicitly included as an addendum to the Certificate of Compliance to be filed pursuant to 2022 Title 24 Section 10-103.
(Ord. 872, passed 12-7-2022)
§ 15.04.080 REQUIREMENTS FOR ELECTRIC VEHICLE INFRASTRUCTURE; LOCAL AMENDMENTS TO 2022 CALGREEN CALIFORNIA GREEN BUILDING STANDARDS CODE.
   (A)   Pursuant to § 15.04.010(j), Fairfax has adopted the 2022 edition of the California Green Building Standards Code known as Cal. Code of Regulations, Part 11 of Title 24 (herein referred to as CALGreen Code), including Division A4.6 for Tier 1 with additions, and deletions as provided in this subchapter. Requirements are outlined by project type in Table 1 of § 15.04.085, Fairfax Town Code.
   (B)   The provisions of this subchapter shall constitute local amendments to the cross-referenced provisions of the 2022 CALGreen Code and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this subchapter.
   (C)   Section 202 of Chapter 2 of the 2022 CALGreen Code is hereby amended to add and amend the following definitions:
      Automatic Load Management System (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
      Direct Current Fast Charging (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
      i.   A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.
      ii.   Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
      Electric Vehicle Charging Station (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
      Electric Vehicle (EV) Ready Space. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.
      Electric Vehicle (EV) Capable Space. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
      Level 2 (L2) EV Capable. A parking space provided with electrical infrastructure that meets the following requirements:
      i.   Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.
      ii.   The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
      iii.   The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as "EV CAPABLE."
      iv.   Electrical load calculations shall demonstrate 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 a minimum of 40 amperes.
      v.   The parking space shall contain signage with at least a 12" font adjacent to the parking space indicating the space is EV Capable.
      Level 1 (L1) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
      i.   A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring.
      ii.   A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
      iii.   Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
      Level 2 (L2) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
      i.   A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring.
      ii.   A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
      Low Power Level 2 (L2) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
      i.   A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring.
      ii.   A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
      iii.   Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
      Off-Street Loading Spaces. [BSC-CG, DSA-SS] An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading.
   (D)   Section 301.1 of Chapter 3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
      301.1 Scope. Buildings shall be designed to comply with applicable requirements of Town of Fairfax Green Building Requirements beginning at Chapter 15.04.065(A), Fairfax Town Code, and shall also include the green building measures specified as mandatory in the application checklists contained in this code.
   (E)   Section 301.1.1 of Chapter 3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
      301.1.1 Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be applied to additions and alterations of existing residential buildings, in accordance with applicable requirements of Town of Fairfax Green Building Requirements beginning at Chapter 15.04.065 (A), Fairfax Town Code. The requirements shall apply only to and/or within the specific area of the addition or alteration.
   (F)   The mandatory provisions of section 4.106.4.1.1 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities or the addition of new parking facilities serving existing multifamily buildings. See Section 4.106.4.1.2 for application.
      NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.
   (G)   Section 301.3 of Chapter 3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
      301.3 Nonresidential additions and alterations. [BSC-CG] The provisions of individual sections of Chapter 5 apply to newly constructed buildings and building additions and alterations (for occupancies within the authority of California Building standards Commission). Code sections relative to additions and alterations shall only apply to the portions of the building being added or altered within the scope of the permitted work.
   (H)   Section 4.106.4 of Chapter 4 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
   4.106.4 Electric vehicle (EV) charging. Residential construction shall comply with Section 4.106.4.1 or 4.106.4.2 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. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
      Exceptions:
      1.   On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
         1.1.   Where there is no local utility power supply or the local utility is unable to supply adequate power.
         1.2.   Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.
      2.   Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of A4.106.8.1.
      3.   Multifamily building projects that have approved entitlements before the code effective date.
      4.   Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
   4.106.4.1 Multifamily dwellings with parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.
      4.106.4.1.1 New Construction. Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.
      NOTE: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less.
      4.106.4.1.2 Additions and alterations of existing buildings.
      1.   When parking facilities upgrade the service panel or parking lot surface is modified, including the removal of paving material and curbing, comply with the number of spaces designated for the project type as outlined in Table 1 of Chapter 15.04.085, Fairfax Town Code. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.
      2.   When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
      4.106.4.2.1 Additions and Alterations of Existing Buildings.
      1.   When parking facilities upgrade the service panel or parking lot surface is modified, including the removal of paving material and curbing, comply with the number of spaces designated for the project type as outlined in Table 1 of Chapter 15.04.065(A), Fairfax Town Code. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.
      2.   When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
      4.106.4.3 Electric vehicle charging stations (EVCS).
      Electric vehicle charging stations required by Section 4.106.4.1 and 4.106.4.2, shall comply with Section 4.106.4.3.
         Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.
         4.106.4.3.1 Location.
         EVCS shall comply with at least one of the following options:
         1.   The charging 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 charging 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 4.106.4.3.1 and Section 4.106.4.3.2, Item 3.
         4.106.4.3.2 Dimensions.
         The charging spaces shall be designed to comply with the following:
         1.   The minimum length of each EV space shall be 18 feet (5486 mm).
         2.   The minimum width of each EV space shall be 9 feet (2743 mm).
         3.   One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
            a.   Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.
            Exception: Where the Town of Fairfax Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.
      4.106.4.4 Direct current fast charging stations (DCFC). One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
   (I)   Section A4.106.8 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
      New construction shall comply with Sections A4.106.8.1, to facilitate future installation and use of electric vehicle chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.
   (J)   Section 5.106.5.3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
      5.106.5.3 Electric vehicle (EV) charging.
      Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
      Exceptions:
      1.   On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
         a.   Where there is no local utility power supply
         b.   Where the local utility is unable to supply adequate power.
         c.   Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
      2.   Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
   (K)   Section A5.106.5 of Appendix A5 of the 2022 CALGreen Code is hereby amended as struck through:
      A5.106.5 Electric Vehicle (EV) charging.
      Construction shall comply with Section A5.106.5.3.1 or A5.106.5.3.2, and in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
      Exceptions:
      1.   On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
         a.   Where there is no local utility power supply.
         b.   Where the local utility is unable to supply adequate power.
         c.   Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section A5.106.5, may adversely impact the construction cost of the project.
      2.   Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
         A5.106.5.3 Nonresidential Occupancies - Shared Parking Facilities.
            A5.106.5.3.1 New Construction - Tier 1.
            Table A5.106.5.3.1 shall be used to determine the number of EV capable spaces required. Refer to section 5.106.5.3 for design space requirements.
            When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1.
TABLE A5.106.5.3.1
Total Number of Actual Parking Spaces
Tier 1 Number of Required EV Capable Spaces
Tier 1 Number of EVCS (EV Capable Spaces Provided with EVSE)2
TABLE A5.106.5.3.1
Total Number of Actual Parking Spaces
Tier 1 Number of Required EV Capable Spaces
Tier 1 Number of EVCS (EV Capable Spaces Provided with EVSE)2
0-9
2
0
10-25
5
0
26-50
11
2
51-75
19
3
76-100
26
4
101-150
38
6
151-200
53
9
201 and over
30 percent of total1
25 percent of EV capable spaces1
1.   Calculation for spaces shall be rounded up to the nearest whole number.
2.   The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.
 
            A5.106.5.3.2 Additions and alterations of existing buildings.
            1.   When parking facilities upgrade the service panel or parking lot surface is modified, including the removal of paving material and curbing, comply with the number of spaces designated for the project type as outlined in Table 1 of Chapter 15.04.085, Fairfax Town Code. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.
            2.   When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
         A5.106.5.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
   (L)   Section 5.106.5.4 of the 2022 CALGreen Code is hereby amended as struck through:
      5.106.5.4 Electric vehicle charging readiness: medium-duty and heavy-duty. [N]
      Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
      Exceptions:
      1.   On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
         a.   Where there is no local utility power supply.
         b.   Where the local utility is unable to supply adequate power.
         c.   Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
         5.106.5.4.1 Warehouses, grocery stores and retail stores with planned off-street loading spaces.
         [N] In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
         1.   The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1 to accommodate the dedicated branch circuits for the future installation of EVSE.
         2.   The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty EV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.1.
         3.   Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.
         4.   The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty EVs as shown in Table 5.106.5.4.1.
TABLE 5.106.5.4.1, Raceway Conduit and Panel power Requirements for Medium-and-Heavy-Duty EVSE [N]
Building Type
Building Size (sq. ft.)
Number of Off-street Loading Spaces
Additional capacity Required (kVa) for Raceway & Busway and Transformer & Panel
TABLE 5.106.5.4.1, Raceway Conduit and Panel power Requirements for Medium-and-Heavy-Duty EVSE [N]
Building Type
Building Size (sq. ft.)
Number of Off-street Loading Spaces
Additional capacity Required (kVa) for Raceway & Busway and Transformer & Panel
Grocery
10,000 to 90,000
1 or 2
200
3 or greater
400
Greater than 90,000
1 or greater
400
Retail
10,000 to 135,000
1 or 2
200
Greater than 135,000
1 or greater
400
Warehouse
20,000 to 256,000
1 or 2
200
3 or greater
400
Greater than 256,000
1 or greater
400
 
(Ord. 872, passed 12-7-2022)
§ 15.04.085 STANDARDS FOR COMPLIANCE.
   The Town of Fairfax Green Building Requirements define compliance thresholds for different projects that are covered by this chapter. These standards are summarized below in Table 1. The energy efficiency and electrification measures menu and specifications are detailed in Tables 2 and 3.
Table 1: Requirements by Project Type and Size
Project Type and Size
Green Building Requirements
Energy Efficiency Requirements
Electric Vehicle Requirements
Table 1: Requirements by Project Type and Size
Project Type and Size
Green Building Requirements
Energy Efficiency Requirements
Electric Vehicle Requirements
Single and Two-Family Newly Constructed or New Construction
All-electric design
AND
CALGreen Tier 1
 
Meet the standards outlined for the project in the 2022 California Energy Code
Comply with CALGreen Measure A4.106.8.1, Tier 1
Multifamily Residential
Newly Constructed or New Construction
Of the total parking spaces,
(i) 15% Level 2 (L2) EVCS
(ii) 85% Low-Power Level 2 (LPL2) EV Ready
Nonresidential
Newly Constructed or New Construction
All-electric design
AND
CALGreen Tier 1
Meet the standards outlined for the project in the 2022 California Energy Code
For Nonresidential: comply with CALGreen Measure A5.106.5.3.1, Tier 1;
AND
For Nonresidential Grocery, Retail, or Warehouses planning off-street medium-heavy-duty loading spaces: comply with CALGreen Measure 5.106.5.4
Single and Two-Family Additions and Alterations less than 200 square feet
CALGreen Mandatory
Meet the standards outlined for the project in the 2022 California Energy Code
If the project is upgrading the main electrical service panel, comply with CALGreen Measure A4.106.8.1,
Tier 1
Single and Two-Family Additions and Alterations 200 square feet or greater
CALGreen Tier 1
Using the Measure Menu in Table 2, achieve a total score that is equal to or greater than the Target Score for the applicable climate zone and install the electric readiness measures (ER2) as applicable in Table 3
Multifamily Residential
Additions and Alterations less than 200 square feet
CALGreen Mandatory
Meet the standards outlined for the project in the 2022 California Energy Code
If the service panel is modified, add designated electrical capacity for 20% of onsite parking spaces to be Level 2 EV Ready.
If parking lot surface is modified (paving material and curbing removed):
(i) add raceway to a minimum of 25% of exposed parking spaces, AND
(ii) install at minimum 5% EVCS to parking spaces requiring any combination of Level 2 and Direct Current Fast Charging EVSE, except at least one Level 2 EVSE shall be provided.
Where existing electrical service will not be upgraded in the existing project scope, designate capacity for parking spaces to the maximum extent that does not require an upgrade to existing electrical service.
Multifamily Residential
Additions and Alterations 200 square feet or greater
CALGreen Tier 1
Nonresidential
Additions and Alterations
 
The following conditions also apply to Table 1:
(a)   Cumulative new construction or remodels during the preceding 36-month period from the acceptance of this application shall be considered as a single covered project, and subject to the highest compliance threshold based on the cumulative project size or valuation.
(b)   Mixed use (residential and commercial) projects must comply either with the applicable covered project requirements for the respective residential and commercial portions of the project or may propose to utilize a mixed-use rating system, subject to approval by the chief building official.
 
Table 2: Energy and Electrification Menu of Measures by Climate Zone
Table 2: Energy and Electrification Menu of Measures by Climate Zone
Measure
Climate Zone
Steps
2
1) Choose your Climate Zone using CEC toolfinder1
Specification
Spec. ID (Refer to Table 3)
Target Score
2) Minimum Target Score needed to comply
(1 point = 1MMBTU savings per yr.)
8
Lighting
E1
Mandatory
3) Choose a measure or a combination of measures that adds up to the minimum target score above based on CZ. Measures listed as "Mandatory" MUST be installed.
4) Use the Specification Number (Spec. ID) column as a key and conform to the specifications in Table 3 below. Table 3 describes, specifies, and details compliance with each corresponding measure.
 
Water Heating Package
E2
1
Air Sealing
E3
1
R-49 Attic Insulation
E4
1
Duct Sealing
E5
1
New Ducts + Duct Sealing
E6
2
PV + Electric Ready Pre-Wire
ER1
12
Electric Readiness Measures
ER2
Mandatory
(if remodeling kitchen, laundry, or upgrading panel)
HPWH
FS1
12
High Eff HPWH
FS2
13
HVAC Heat Pump
FS3
13
High Eff HVAC Heat Pump
FS4
14
Heat Pump Clothes Dryer
FS5
1
Induction Cooktop
FS6
1
1California Energy Commission climate zone tool finder at https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/climate-z one-tool-maps-and
The following conditions also apply to Table 2:
(a)   Unless otherwise specified, the requirements shall apply to the entire dwelling unit, not just the additional or altered portion.
(b)   Measures from the Measure Menu in Table 2 and specified in Table 3, that already exist in the home, may be counted towards compliance with these requirements, unless otherwise specified in Table 3.
(c)   Measures from the Measure Menu in Table 2 that are to be installed to satisfy requirements under the State Energy Code, Title 24, Part 6, may also be counted towards compliance with these requirements. Where these requirements conflict with other Energy Code requirements, the stricter requirements shall prevail.
 
(Ord. 872, passed 12-7-2022)
Table 3. List of Measure Specifications
ID
Measure Specification
Table 3. List of Measure Specifications
ID
Measure Specification
Energy Measures
E1
Lighting Measures - Replace all interior and exterior screw-in incandescent, halogen, and compact fluorescent lamps with LED lamps. Install photocell controls on all exterior lighting luminaires.
E2
Water Heating Package: Add exterior insulation meeting a minimum of R-6 to existing storage water heaters. Insulate all accessible hot water pipes with pipe insulation a minimum of ¾ inch thick. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or crawlspaces. Upgrade fittings in sinks and showers to meet current California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.
   Exception 1:   Water heater blanket is not required on water heaters less than 20 gallons.
   Exception 2:   Water heater blanket not required if application of a water heater blanket voids the warranty on the water heater.
   Exception 3:   Upgraded fixtures are not required if existing fixtures have rated or measured flow rates of no more than ten percent greater than 2022 California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.
   Exception 4:   Water heaters with factory installed insulation of R-24 or greater
E3
Air Sealing: Seal all accessible cracks, holes, and gaps in the building envelope at walls, floors, and ceilings. Pay special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light luminaires, and windows. Weather-strip doors if not already present. Verification shall be conducted following a prescriptive checklist that outlines which building aspects need to be addressed by the permit applicant and verified by an inspector. Compliance can also be demonstrated with blower door testing conducted by a certified HERS Rater no more than three years prior to the permit application date that either: a) shows at least a 30 percent reduction from pre-retrofit conditions; or b) shows that the number of air changes per hour at 50 Pascals pressure difference (ACH50) does not exceed ten. If combustion appliances are located within the pressure boundary of the building, conduct a combustion safety test by a professional certified by the Building Performance Institute in accordance with the ANSI/BPI-1200-S-2017 Standard Practice for Basic Analysis of Buildings1, the Whole House Combustion Appliance Safety Test Procedure for the Comfortable Home Rebates Program 2020 or the California Community Services and Development Combustion Appliance Safety Testing Protocol.
E4
R-49 Attic Insulation: Attic insulation shall be installed to achieve a weighted assembly U-factor of 0.020 or insulation installed at the ceiling level shall have a thermal resistance of R-49 or greater for the insulation alone. Recessed downlight luminaires in the ceiling shall be covered with insulation to the same depth as the rest of the ceiling. Luminaires not rated for insulation contact must be replaced or fitted with a fire-proof cover that allows for insulation to be installed directly over the cover.
   Exception:   In buildings where existing R-30 is present and existing recessed downlight luminaires are not rated for insulation contact, insulation is not required to be installed over the luminaires.
E5
Duct Sealing: Air seal all space conditioning ductwork to meet the requirements of the 2022 Title 24 Section 150.2(b)1E. The duct system must be tested by a HERS Rater no more than three years prior to the Covered Single Family Project permit application date to verify the duct sealing and confirm that the requirements have been met. This measure may not be combined with the New Ducts and Duct Sealing measure in this Table.
E6
New Ducts + Duct Sealing: Replace existing space conditioning ductwork with new R-8 ducts that meet the requirements of 2022 Title 24 Section 150.0(m)11. This measure may not be combined with the Duct Sealing measure in this Table. To qualify, a preexisting measure must have been installed no more than three years before the Covered Single Family Project permit application date.
E7
Windows: Replace all existing windows with high performance windows with an area-weighted average U-factor no greater than 0.32.
E8
R-13 Wall Insulation: Install wall insulation in all exterior walls to achieve a weighted U-factor of 0.102 or install wall insulation in all exterior wall cavities that shall result in an installed thermal resistance of R-13 or greater for the insulation alone.
Fuel Substitution Measures
FS1
Heat Pump Water Heater (HPWH): Replace all existing electric resistance and natural gas storage water heaters with heat pump water heaters.
FS2
High Efficiency Heat Pump Water Heater (HPWH): Replace all existing electric resistance and natural gas storage water heaters with heat pump water heaters with a Northwest Energy Efficiency Alliance (NEEA) Tier 3 or higher rating.
FS3
HVAC Heat Pump: Replace all existing gas space heating system and existing electric resistance heating systems with electric heat pump systems.
FS4
High Efficiency HVAC Heat Pump: Replace all existing gas space heating system and existing electric resistance heating systems with electric heat pump systems with a SEER rating of 21 or greater and an HSPF rating of 11 or greater.
FS5
Heat Pump Clothes Dryer: Replace all existing electric resistance clothes dryers with heat pump dryers with no resistance element and cap the gas lines.
FS6
Induction Cooktop: Replace all existing gas and electric resistance stove tops with inductive stove tops and cap the gas lines.
Solar PV and Electric-Readiness Measures
ER1
PV+ Electric Ready Pre-Wire:
For New PV Systems: Install a new solar PV system that meets the requirements of 2022 Title 24 Section 150.1(c)14 and upgrade the service panel to meet the requirements of ER2.G. and install any two of the other measures from ER2.A - ER2.F.
For Existing PV Systems: If the home already has an existing PV system, to claim credit for this measure, ER1, upgrade the service panel to meet the requirements of ER2.G. and install any two of the other measures from ER2.A - ER2.F.
ER2
Electric Readiness Measures:
To claim credit for Item ER1, in addition to the solar PV system installed, upgrade the panelboard to meet the requirements of Item ER2.G and install any two of the other measures ER2.A - ER2.F, below to allow for installation of electric appliances at a future date.
For any Covered Project, if the service panel is being upgraded, install any two of the other measures below.
If the laundry room is being remodeled, comply with Item ER2.D and upgrade the panelboard to meet the requirements of Item ER2.G.
If the kitchen is being remodeled, comply with Item ER2.C and upgrade the service panel to meet the requirements of Item ER2.G.
   A.   Heat Pump Water Heater Ready, as specified in Section 150.0(n)1.
   B.   Heat Pump Space Heater Ready, as specified in Section 150.0(t).
   C.   Electric Cooktop Ready, as specified in Section 150.0(u).
   D.   Electric Clothes Dryer Ready, as specified in Section 150.0(v).
   E.   Energy Storage Systems (ESS) Ready, as specified in Section 150.0(s).
   F.   EV Charger Ready. Install a listed raceway for an EV charger, that meets the requirements of the California Green Building Standards Code (Title 24, Part 11) Section A4.106.8.1, Tier 1 and 2, which otherwise applies to new construction.
   G.   Upgrade the panelboard serving the individual dwelling to either:
      (i)   a minimum 200 amp panel with a minimum 225 amp busbar rating to accommodate future connection of electric appliances, including heat pump water heaters, heat pump space heaters, electric cooktops, electric clothes dryers as specified in California Energy Code Section 150.0 (n), (t), (u) and (v) and Level 2 electric vehicle supply equipment; or,
      (ii)   provide electrical load calculations and appliance specifications for serving all of these end-uses with a minimum 100-amp panel.
         Exception: If an electrical permit is not otherwise required for the project other than compliance with this Item, ER2.
 
(Ord. 872, passed 12-7-2022)
§ 15.04.090 INCENTIVES FOR COMPLIANCE.
   In addition to the required standards for compliance, the Town Council may establish by resolution, financial or application processing incentives and/or award or recognition programs to encourage higher levels of green building compliance for a project.
(Ord. 872, passed 12-7-2022)
§ 15.04.095 ADMINISTRATIVE PROCEDURES.
   The procedures for compliance with the provisions of this chapter shall include, but not be limited to the following:
   (A)   Project design. Applicants for a covered project are strongly encouraged to involve a qualified green building rater in the initial design phases of the project in advance of submittal of an application to determine applicable green building compliance thresholds and the most cost effective and appropriate means of achieving compliance.
   (B)   Planning applications. If a discretionary planning application is required for a covered project, applicants should be prepared to identify expected green building measures to be included in the project to achieve the compliance thresholds. Applicants should identify any anticipated difficulties in achieving compliance and any exemptions from the requirements of this chapter that may be requested.
   (C)   Building plan check review. Upon submittal of an application for a building permit, building plans for any covered project shall include a green building program description and completed checklist. The checklist shall be incorporated onto a separate full-sized plan sheet included with the building plans. Evidence that the project, as indicated by the project plans and green building program description, will achieve the standards for compliance outlined in § 15.04.085, shall be provided prior to issuance of a building permit.
   (D)   Changes during construction. During the construction process, alternate green building measures may be substituted, provided that documentation of the proposed change and the project's continued ability to achieve the standards for compliance to the chief building official shall be provided.
   (E)   Final building inspection. Prior to final building inspection and occupancy for any covered project, evidence that project construction has achieved the required compliance set forth in the standards for compliance outlined in § 15.04.085 shall be provided. The chief building official shall review the documentation submitted by the applicant and determine whether the project has achieved the compliance threshold as set forth in the standards for compliance outlined in § 15.04.085. If the chief building official determines that the applicant has met these requirements, the final building inspection may proceed.
   (F)   Conflict with other laws. The provisions of this chapter are intended to be in addition to and not in conflict with other laws, regulations and ordinances relating to building construction and site development. If any provision of this chapter conflicts with any duly adopted and valid statutes or regulations of the federal government or the state of California, the federal or state statutes or regulations shall take precedence.
(Ord. 872, passed 12-7-2022)
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