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All-Electric New Buildings Temporary Suspension Information:

On July 19, 2022, City Council adopted Ordinance No. 1717 (2022 Series) updating the Clean Energy Program for New Buildings to protect public health and safety by requiring all new buildings to be all-electric, banning gas infrastructure with limited exceptions, in Title 8 (Health and Safety) of the Municipal Code. The ordinance went into effect on January 1, 2023.

On June 28, 2023, pursuant to Resolution No. 11414 (2023 Series), the Community Development Director Issued Administrative Order No. 01 (2023 Series) (the “Order”) temporarily suspending enforcement of Chapter 8.11 (All-Electric New Buildings) pending final resolution of California Restaurant Association v. City of Berkeley (9th Cir. (2023) 65 F.4th 1045) (the “Ruling”), which held that a similar ordinance adopted by Berkeley was pre-empted by federal law and, therefore, could not be enforced.

Administrative Order No.1 - Temporary Enforcement Suspension of Municipal Code Chapter 8.11

R-11414: City Council Resolution Adoption of Suspension of Municipal Code Chapter 8.11

The suspension of enforcement of Chapter 8.11 allows permit applications for newly constructed mixed-fuel buildings to start the building permit review process. However, should the Ruling be vacated, the City will immediately reinstate enforcement of Chapter 8.11. Consistent with applicable law, building permits will be processed based on ordinances, standards, and regulations in place at the time of building permit issuance and the permit holder’s demonstration that it has performed substantial work and incurred substantial liabilities in good faith reliance on such permit, or at such other time development rights may vest according to law. Absent such showing of good faith reliance on a building permit issued during the suspension of enforcement of Chapter 8.11, the City may require applicant to modify their building plans or construction to bring development into compliance with Chapter 8.11, should enforcement resume.

All newly constructed buildings, as defined in San Luis Obispo Municipal Code Section 8.11.030, including residential and nonresidential buildings, submitting for building permit on or after June 28, 2023, shall carefully read the following information and acknowledge your understanding by signing this form at the time of building permit application: All-Electric New Buildings Temporary Suspension Acknowledgement Form

 

Adoption of the 2022 California Code of Regulations Title 24: 

The San Luis Obispo Building Construction and Fire Prevention Code, 2023, includes the standards listed in the table below and will be effective on all building projects submitted for permit application beginning January 1, 2023.  

Model Standard

CCR Title 24

Local Adoption

Local Amendments

2021 International Building Code

15.02.020

15.04.020

2021 International Residential Code

15.02.025

15.04.025

2023 National Electric Code

15.02.030

15.04.030

2021 Uniform Mechanical Code

15.02.040

15.04.040

2021 Uniform Plumbing Code

15.02.050

15.04.050

2022 California Energy Code

15.02.060

15.04.060

Reserved

Part 7

15.02.070

15.04.070

2022 California Historic Building Code

15.02.080

15.04.080

2021 International Fire Code

15.02.090

15.04.090

2022 California Existing Building Code

15.02.100

15.04.100

2022 California Green Building Standards

15.02.110

15.04.110

2022 Referenced Standards

15.02.120

15.04.120

2021 International Property Maintenance Code

NA

15.02.130

15.04.130

1997 Unform Housing Code and Uniform Code for the Abatement of Dangerous Buildings

NA

15.02.140

15.04.140

Code Matrix 

The code matrix tool that was created to help navigate the local amendments and can be used with the following understandings:

  • All local amendments are more restrictive than the state language
    • Amendments for administrative sections do not require justification and are identified by finding 9
    • Amendments for building standards must be justified by a local climatic, geological, or topographical finding
    • List of Findings
  • Existing amendments required to be updated with new state code language are identified with asterisk next to Section Title
  • Amendments required to be updated with new section numbers identified with asterisk next to the Section Number
  • There are 46 New/Altered Amendments
    • 40 of the new amendments have no effect on enforcement
      • Indicated by and “x” under the “New” column in the Code Matrix Tool
      • The purpose of these amendments is to match code language with current business processes
    • The 6 new amendments are to the Fire Prevention Standards
      • Indicated by and “E” under the “New” column in the Code Matrix Tool
    • List of Findings

Additional Resources for the 2022 Code Update:

  • Changes specific to the State of California can be found here: 2022 Title 24 California Code Changes 
  • Significant Changes to the Building, Residential, and Fire Standards have been compiled by ICC and are available for purchase here: Building, Residential, Fire 
  • Further explanation regarding the local adoption process, including the All-Electric New Building Ordinance, can be found in the Council Agenda Report from the meetings in which the ordinances were presented