Pasadena Municipal Code Ch. 8.92 Building Electrification

This chapter shall be known and designated as "Building Electrification."

(Ord. No. 7398, § 2, 8-8-2022)

The purpose of this chapter is to ensure the future health, quality of life and general welfare of the residents, visitors, business owners, employees of business owners of the City of Pasadena by requiring building electrification in certain newly constructed buildings.

(Ord. No. 7398, § 2, 8-8-2022)

For the purposes of interpreting this chapter, the following terms are defined as follows. When the definitions below differ from those contained elsewhere in the Pasadena Municipal Code, the provisions of this chapter shall apply.

A. "Building electrification" is a building where electricity, including non-fossil-fuel produced electricity, is the main source of energy for water heating (including pools and spas), space heating, space cooling, cooking and clothes drying, and does not utilize fossil-fuels of a gaseous or liquid state within the building.

B. "Commercial kitchen" is a food facility devoted to the commercial preparation, production, and cooking of food and beverages.

C. "Emergency use" means use of non-utility generated electrical power applied to equipment and incidents required to have emergency power by the current edition of the California Building Code, and/or California Fire Code, and as allowed for occupancies listed in Section 8.92.060, Exception 3 of this chapter.

D. "Equipment for emergency use" means equipment that utilizes combustible fossil-fuels as a source for conversion or as a prime-mover to produce electric energy.

E. "Essential building" is a building for public agencies used as a fire station, police or law enforcement station, emergency operations center, emergency communication dispatch center, or any public agency building that may be used in preparation of, during and after emergencies, disasters, or for local, regional or national security.

F. "Food service establishment" means a building with a commercial kitchen or cooking equipment where food or beverages are prepared and served for consumption on-site or off-site.

G. "Natural gas" means a fuel gas which is natural or manufactured liquefied petroleum, or a mixture of these.

H. "Newly-constructed" means a building that is not in existence or has not been previously erected, or, a building that has never before been used or occupied for any purpose. Newly constructed also means additions.

(Ord. No. 7398, § 2, 8-8-2022)

Electrification of buildings shall apply to:

1. Newly-constructed multi-family buildings greater than 3 units.

2. Newly-constructed mixed-use buildings.

3. Newly-constructed commercial buildings.

4. Existing commercial buildings with new additions where the addition adds fifty-percent (50%) or more of the existing square foot area. In such cases, the entire building must convert to complete electrification.

(Ord. No. 7398, § 2, 8-8-2022)

The requirements of this chapter shall apply to entitlement projects that have not been deemed complete prior to the effective or implementation date of this chapter, or where an entitlement is not required, the project has not submitted a complete building permit application prior to the effective or implementation date of this chapter.

(Ord. No. 7398, § 2, 8-8-2022)

Electrification of buildings will not apply to any of the following:

1. Newly-constructed, existing, or additions to single family dwellings. Newly-constructed, added or converted accessory dwelling units and junior accessory dwelling units on single family or multi-family properties.

2. Food service establishments and commercial kitchens; however, equipment and appliances that can utilize electric energy are encouraged to be utilized to the highest extent possible.

3. Essential buildings, medical-health care facilities, research and development laboratories, equipment for emergency use and other special occupancies with fossil-fuel equipment directly related to the operations are necessary and where electric alternatives could jeopardize critical operations, occupant safety or patient care.

4. Where the cost of electric utility infrastructure and supply upgrades exceed the cost of the entire project. The entire project cost shall be based on the cost of an electrified building (without natural gas).

5. For certain and specific equipment where electrical operating costs would exceed natural gas or fossil-fuel operating costs by more than 1,000% per annum.

6. Buildings that utilize non-fossil fuels for non-fossil fuel approved equipment. Non-fossil fuel types, and equipment are subject to approval by the building official and fire chief.

7. Modifications pursuant to Section 104.10 of the California Building Code with authority granted to the building official for individual cases where compliance with this chapter is proven to have practical difficulties and makes the strict letter of this chapter impractical.

(Ord. No. 7398, § 2, 8-8-2022)

Buildings designed and constructed pursuant to the requirements of this chapter shall meet the requirements of the Pasadena Municipal Code, the electrical service requirements of the Pasadena Department of Water and Power, and the current California Building Standards Code including the California Electrical Code and the California Energy Code.

(Ord. No. 7398, § 2, 8-8-2022)

If the applicant feels aggrieved by the determination of the building official regarding the building electrification requirement, the property owner may appeal to the board of appeals, as defined in Section 14.04.040, within ten days of the building official's decision. The appellant shall pay a hearing appeal fee at the time of filing an appeal in an amount as shall be established from time to time by resolution of the city council. The appellant shall be notified in writing of the date of the hearing on the appeal, and such notice shall be sent at least ten days prior to the date of the hearing, which shall be held no later than thirty days after the filing of the appeal.

(Ord. No. 7398, § 2, 8-8-2022)

TITLE 8 FOOTNOTES

1. For statutory provisions requiring municipal health officers to prevent the spread of contagious diseases, see Health & Saf. Code § 3110 et seq.

2. For statutory provisions regarding cosmetology generally, see Bus. & Prof. Code § 7300 et seq.; for provisions regarding cosmetological establishments, see Bus. & Prof. Code § 7380 et seq.

Editor's Note: Ordinance 5377 repeals and replaces this chapter but, in turn, is suspended by Ordinance 5385.

3. For statutory provisions authorizing cities to enforce state laws on food handling sanitation and to require permits for the operation of such establishments, see Health & Saf. Code §§ 28690, 28693; for health requirements for retail food production and marketing establishments, see Health and Saf. Code § 28820 et seq.; for provisions regarding meat generally, see Agric. Code § 18201 et seq. and § 22001 et seq.; for provisions regarding milk, see Agric. Code § 32501 et seq.

4. For statutory provisions authorizing cities to provide for the abatement, destruction or removal of unsafe structures, or unsightly or partially destroyed buildings, see Gov. Code § 38660.

5. For statutory provisions regarding pests in structures generally, see Bus. & Prof. Code § 8500 et seq.

6. Swimming Pool Code, see Title 14.

7. For statutory provisions requiring municipal health officers to prevent the spread of contagious diseases, see Health & Saf. Code § 3110 et seq.

8. For statutory provisions authorizing cities to compel owners or controllers of property to remove weeds, etc., see Gov. Code § 39501 et seq.; for additional provisions, see Health & Saf. Code § 14875 et seq.; for alternative abatement procedure, see Gov. Code § 39560 et seq.

9. For statutory provisions prohibiting littering, see Penal Code § 374 et seq.; for provisions regarding abandoned vehicles, see Veh. Code §§ 41102, 41103.

10. For statutory provisions regarding water pollution generally, see Health & Saf. Code § 4400 et seq.