(a) Except as provided by subsection
(b), below, the requirements of this Chapter shall apply to all newly constructed buildings as provided in Section
8.38.030 for which a building permit for construction is issued on or after January 1, 2023.
(b) The
requirements of this Chapter shall not apply to:
(1) Newly constructed buildings for which a complete building permit
application is submitted on or before December 31, 2022;
(2) Junior accessory dwelling units;
(3) Accessory dwelling units that are attached to an existing primary
residential unit that has natural gas infrastructure;
(4) City-designated historic resources demolished in the course of rehabilitation,
if compliance with the requirements of this Chapter would require
removal of more original finishes or features than proposed in the
scope of the rehabilitation; and
(5) The use of portable propane appliances for outdoor cooking and heating.
(c) This Chapter neither amends the
California Energy Code as adopted by Section
8.36.010 of this Code, nor requires the use or installation of any specific appliance or system as a condition of approval.
(Added by Ord. No. 2722CCS §
1, adopted 10/11/22)
For purposes of this Chapter, the following words or phrases
shall have the following meanings:
"Applicant"
means any person, firm, partnership, association, joint venture,
corporation, or any other entity or combination of entities, or state
or local government agency applying for a permit for a newly constructed
building.
"Energy Code"
means the most current version of the
California Energy Code published by the California Building Standards Commission as adopted by reference pursuant to Chapter
8.36 and any local amendments thereto.
"Mechanical Code"
means the California Mechanical Code published by the California Building Standards Commission as adopted by reference to Chapter
8.28 and any local amendments thereto.
"Natural gas"
has the same meaning as "fuel gas" as defined in the Plumbing
Code and in the Mechanical Code.
"Fuel gas infrastructure"
means natural gas or fuel gas piping, other than service
pipe, in or in connection with a building or within the property lines
of a parcel, extending from the point of delivery at the gas meter
as specified in the Plumbing Code or in the Mechanical Code.
"Newly-constructed building"
means a new structure that has never before been used or occupied for any purpose or removal and replacement of an existing structure, or repair, alteration, modification, addition to, or rehabilitation of an existing structure, where a demolition will occur, as defined in Santa Monica Municipal Code Section
9.25.030 (A)(1) or (A)(2).
"Permitting authority"
means the Building Official or a city employee exercising
authority delegated by the Building Official.
"Plumbing Code"
means the California Plumbing Code published by the California Building Standards Commission as adopted by reference to Chapter
8.32 and any local amendments thereto.
(Added by Ord. No. 2722CCS §
1, adopted 10/11/22)
(a) Fuel
gas infrastructure is prohibited in newly constructed buildings.
(b) Notwithstanding subsection
(a), the permitting authority may authorize fuel gas infrastructure in a newly constructed building if the applicant establishes that it is not physically feasible to construct the building without fuel gas infrastructure. For purposes of this exception, it is physically feasible to construct the building without fuel gas infrastructure if 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.
(c) When fuel gas infrastructure is permitted for a newly constructed building pursuant to subsection
(b), it may be extended to any system, device, or appliance within a building for which an equivalent all-electric system or design is not available. Further, newly constructed buildings with fuel gas infrastructure must also have sufficient electric capacity, wiring, and conduit to facilitate future full building electrification.
(d) The
requirements of this Section shall be deemed objective planning standards
under
Government Code Section 65913.4 and objective development standards
under
Government Code Section 65589.5.
(e) Authorization
of fuel gas infrastructure in a newly constructed building may occur
on a case-by-case basis by the permitting authority where compliance
is not feasible based on the utility being unable to supply adequate
power.
(Added by Ord. No. 2722CCS §
1, adopted 10/11/22)
(a) Notwithstanding the requirements of Section
8.38.030(a), minimally necessary and specifically tailored natural gas infrastructure may be allowed in a newly constructed building if the permitting authority finds that the use of specifically tailored fuel gas infrastructure serves the public interest. In determining whether the construction of natural gas infrastructure is in the public interest, the permitting authority may consider:
(1) The availability of alternative technologies or systems that do not
use natural gas; and
(2) Any other impacts that the decision to allow fuel gas infrastructure
may have on the health, safety, or welfare of the public.
(b) If
the installation of fuel 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.
(c) For
purposes of this Section, provision of fuel gas infrastructure for
cooking appliances in commercial kitchens in restaurants and institutional
cooking facilities shall be deemed to be in the public interest provided
that the infrastructure is limited to the capacity necessary to operate
the appliances as designed. Further, commercial kitchens in restaurants
and institutional cooking facilities with fuel gas infrastructure
must also have sufficient electric capacity, wiring, and conduit to
facilitate future full building electrification.
(d) For
purposes of this Section, provision of fuel gas infrastructure for
medical uses, laboratory equipment or clean-rooms in buildings designed
for scientific or medical uses shall be deemed to be in the public
interest provided that the infrastructure is limited to the capacity
necessary for designated medical, laboratory or clean-room areas.
(Added by Ord. No. 2722CCS §
1, adopted 10/11/22)
Decisions of the permitting authority under this Chapter may
be appealed to the Building and Fire Life Safety Commission under
this Section, pursuant to the provisions of Santa Monica Municipal
Code 8.08.040.
(Added by Ord. No. 2722CCS §
1, adopted 10/11/22)
Public Works shall review the requirements of this Chapter every
thirty-six months for ongoing consistency with the California Energy
Code and the Energy Commission's triennial code adoption cycle and
make a report and recommendation to the City Manager.
(Added by Ord. No. 2722CCS §
1, adopted 10/11/22)