17.09.050 Infeasibility waiver.
A. Grant of Waiver and Waiver Criteria. The chief building official may grant a permit in response to an application to construct a new mixed-fuel building notwithstanding the requirements of Section 17.09.030, if the chief building official, in his or her sole discretion, determines in writing, based on sufficient information submitted by the permit applicant, that the application qualifies for a waiver in accordance with this section, because it is infeasible for the proposed newly constructed building to be an all-electric building and/or to have an all-electric design, in accordance with the following:
1. The proposed newly constructed building cannot satisfy all-electric building or all-electric design prescriptive requirements based on the newly constructed building’s intended use(s) when compared to the same building and intended use(s) modeled with natural gas under the California Energy Code; or
2. The proposed newly constructed building cannot satisfy all-electric building or all-electric design performance requirements based on the newly constructed building’s intended use(s) when compared to the same building and intended uses modeled with natural gas using commercially available technology and an approved calculation method under the California Energy Code; and
3. The installation of natural gas piping systems, fixtures and/or infrastructure in the proposed newly constructed building is strictly limited to the system(s) and/or area(s) of the building regarding which the chief building official has determined that meeting all-electric building and/or all-electric design requirements is infeasible; and
4. The proposed newly constructed building is electric-ready.
B. Cost Not a Factor. Financial considerations are not a basis for determining that it is infeasible for a proposed newly constructed building to meet all-electric building and/or all-electric design requirements.
C. Appeals.
1. Any aggrieved applicant may appeal the determination of the chief building official regarding the granting or denial of a waiver pursuant to this section.
2. Appeals must be filed in writing with the building official not later than fourteen days after the date of the building official’s written determination regarding the waiver application.
3. Appeals must clearly state the basis for the appeal and provide adequate documentation of the basis for the appeal.
4. Appeals shall be decided by the building board of appeals at a public hearing in accordance with Chapter 17.08.
(Ord. 2775 NCS §5, 2021.)