HomeMy WebLinkAboutOrd 1188 - Energy Efficiency Standards (8/27/09) P�EEI'iBd� DRTE � - a�� ��
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CITY OF PALM DES � P����b��2{�D R�A�1�3G
BUILDING & SAFETY DEP
STAFF REPORT
TO: Honorable Mayor and City Council
REQUEST: REVISE EFFECTIVE DATE FOR THE 2008 CALIFORNIA
BUILDING ENERGY EFFICIENCY STANDARDS
SUBMITTED BY: Russell A. Grance, Director of Building and Safety
DATE: August 27, 2009
Recommendation:
Delay the effective date of adoption of the 2008 California Energy Code from August 1,
2009 to January 1, 2010.
Executive Summary:
The California Energy Commission has revised the effective date for the 2008 Building
Energy Efficiency Standards (Title 24, Parts 1 and 6) to January 1, 2010.
The California Energy Commission (CEC) adopted the 2008 Standards on April 23,
2008, and the Building Standards Commission approved them on September 11, 2008.
The Standards were scheduled to become effective on August 1, 2009. This is the
second time the CEC has delayed the effective date due to technical difficulties.
The Energy Commission has experienced delays in completing the public domain
compliance software. The Energy Commission had anticipated that these software
programs would be available earlier; howevery the software required further
programming attention before the programs could be released. The Energy Commission
is resolving those problems, and will provide the programs in the near future. The public
domain compliance software is required to show compliance and without the software
the city plan checker cannot determine compliance with the performance based
approach with the energy code.
G:�BIdgSfty\Suzanne Cicchini\Word Files\Staff Reports�Energy Code Ordinance 8-27-09.docx
Staff Report
Effective Date for Energy Code Ordinance
August 27, 2009
Page 2
The Department of Building and Safety issued permits for five (5) new residential
buildings, and three (3) new commercial buildings for the month of June 2009. Due to
the decline in our current construction activity delaying the effective date will not have a
substantial impact.
This delay also provides the industry and building officials more time to prepare for the
new Standards. The Energy Commission will use this additional time to provide more
information for the Standards and work with the California utilities, building industry and
the California Building Officials to provide training on the new Standards.
Overall the new 2008 California Energy Code is roughly 20% more restrictive than the
previous 2005 standards. The new 2008 Energy Code is significantly more restrictive�
however,it introduces a number of new energy credits that can be used to leverage a
project into compliance in a cost effective manner. Currently the City of Palm Desert's
local Ordinance 1124 is 10-15% more restrictive than the 2005 standards,which is set to
sunset only upon the adoption of the 2008 Energy Code.
In the future, if directed by Council, staff will review the new 2008 Energy Code and
recommend modifications. After review and approval by the Energy Commission Palm
Desert would have an Energy Code (Local Ordinance) that will be more restrictive than
the 2008 Energy Code as staff did with the 2005 Energy Code (Ordinance 1124). That
application process,which included a cost effective study that cost roughly $11,000 and
took roughly seven months to develop in 2006 with the help of Gabel Associates, LLC
as required per Section 10-106 of the Energy Efficiency Standards.
Submitted By:
� �
Russell A. Grance
Director of Building & Safety
ov . �
J Wohlmuth
i Manager
G:�BIdgSfty\Suzanne Cicchini\Word Files\Staff Reports�Energy Code Ordinance 8-27-09.docx
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ORDINANCE NO. ii8s '
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT ADDING CHAPTER 15.06 "ENERGY CODE" TO THE CITY OF
PALM DESERT MUNICIPAL CODE AND REPEALING TITLE 24,
SECTION 24.30
WHEREAS, The Department of Building and Safety recommends adopting the California
Energy Code, 2008 Edition, which is reasonably necessary to safeguard life and property
within the City of Palm Desert.
FINDING, the 2008 California Energy Code incorporates new measures to reduce energy
use and greenhouse gas emissions. Overall the new 2008 California Energy Code is
roughly 20% more restrictive than the previous 2005 standards. The new 2008 Energy
Code is significantly more restrictive however it introduces a number of new energy
credits that can be used to leverage a project into compliance in a cost effective
manner. The proposed ordinance preserves and enhances the environment; in that it
would set forth increased minimum energy efficiency standards within the City of Palm
Desert for buildings and improvements covered by the ordinance. In accordance with
CEQA Section 15061(b) (3), "CEQA applies only to projects, which have the potential
for causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA." Staff has determined that the
proposed ordinance is exempt from CEQA review.
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows:
SECTION 1. That Title 24, Section 24.30 of the City of Palm Desert Municipal Code is
hereby repealed in its entirety.
SECTION 2. That Title 15, Section 15.06, Energy Code, is hereby added to the City of
Palm Desert Municipal Code to read as follows:
�- �'-a� �
��� r
Chapter 15.0 ��yuEDT� ��"� �
ENERGY COD _��_.--.-�-�w--.-...Lo�.�__......___ �
� P1�5SE�TO 2!'D R��l��<w_,�.._.�.....�...�.___._,.._ .
Sections:
�.. �.�:,,w.,>,�.:�.,.�r...�.�,�.��,.�,...,�:.,:
15.06.010 Adoption.
15.06.020 Purposes.
15.06.030 Validity.
15.06.040 Penalties and Enforcement
pRDINANCE N0. 11$8
15.06.010 Adoption.
That certain document in book form entitled "California Energy Code, Title 24, Part 6,
2008 Edition," including the appendices thereof, as approved and copyrighted by the
"California Building Standards Commission, 2525 Natomas Park Drive, Suite 130,
Sacramento, California, 95833," prescribing regulations governing installation,
construction, maintenance, alteration, repair and inspection, one copy of which
document is now on file in the office of the City Clerk of the City of Palm Desert, except
as portions thereof are herein specifically amended, deleted and added to, is hereby
adopted by reference as "The California Energy Code of the City of Palm Desert," and
from the date on which the ordinance codified in this chapter shall take effect, the
provisions thereof shall be controlling within the corporate limits of the City of Palm
Desert.
15.06.020 Purposes.
The purposes of this chapter are to provide minimum standards to safeguard life or
limb, health, property and the public welfare by regulating and controlling the design,
construction, quality of materials, use and occupancy, location and maintenance of all
buildings and structures within the City of Palm Desert; to encourage and instruct
people to build safely and economically, rather than to discourage building; and to
provide a minimum or restrictive enforcement and a maximum of good building
information and encouragement.
15.06.030 Validity.
The city council of the city of Palm Desert hereby declares that should any section,
subsection, sentence, clause or phrase of this chapter or the code hereby adopted is,
for any reason, held to be unconstitutional, such decision shall not affect the validity of
the remaining portions of the ordinance codified in this chapter. The City Council of the
city of Palm Desert hereby declares that is would have passed the ordinance codified in
this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional.
ORDINAidCE PTO. 1188
15.06.040 Penalties and Enforcement
a) Each violation of the provisions of this chapter shall constitute a misdemeanor,
and shall be punishable by imprisonment in the county jail for up to six (6)
months, or by a fine of up to one thousand dollars ($1,000), or both. Each day
that a violation continues shall be deemed a new and separate offense.
b) The Building Official shall have the authority to enforce this chapter as specified
in section Chapter 1.12 of the Palm Desert Municipal Code, including but not
limited to the authority to order that work be stopped where any work is being
done contrary to the provisions of this chapter.
SECTION 3. If any portion of this ordinance is for any reason held by any court to be
invalid or unconstitutional, that portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion hereof nor other applications of the ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this ordinance are
declared to be severable.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California at its regular meeting held this day of , 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Klassen, Rachelle
From: Grance, Russell
Sent: Tuesday, June 30, 2009 4:19 PM
To: Klassen, Rachelle
Subject: FW: EFFICIENCY-LIST: Revised Effective Date for the 2008 California Building Energy
Efficiency Standards
FYI
�usse���{ ��a7ce, �i��
Director of Building & Safety
City of Paim Desert
(760) 776-6430
`� Be Green! Please don't print
this e-mail unless you really need to.
From: Energy Commission [mailto:listenergia@listserver.energy.ca.gov]
Sent: Monday, June 29, 2009 3:47 PM
To: EFFICIENCY@LISTSERVER.ENERGY.CA.GOV
Subject: EFFICIENCY-LIST: Revised Effective Date for the 2008 California Building Energy Efficiency Standards
The effective date for the 2008 Building Energy Efficiency Standards(Title 24,Parts 1 and 6)has been changed to January 1,2010.
The California Energy Commission adopted the 2008 Standards on Apri123,2008,and the Building Standards Commission approved
them on September 11,2008. The Standards were scheduled to become effective on August 1,2009.
The Energy Commission has experienced delays in completing the public domain compliance software. The Energy Commission had
anticipated that these software programs would be available earlier,however the software required further programming attention
before the programs could be released. The Energy Commission is resolving those problems,and will provide the programs in the
near future.
This delay provides the industry and building officials more time to prepare for the new Standards. The Energy Commission will use
this additional time to provide more information for the Standards and work with the California utilities,building industry and the
California Building Officials to provide training on the new Standards.
For more information:
http•//www ener,�ca�ov/title24/2008standards/notices/2009-06-29 notice effective date.html
(If link above doesn't work,please copy entire link into your web browser's URL)
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