Encinitas renews special city fire, green building codes that exceed state standards

The Encinitas City Council has unanimously agreed to renew the city’s special “reach” codes that help it meet its climate action plan’s goals of lowering greenhouse gas emissions and reducing energy use.

The decision came during a special session Wednesday, after a dozen supporters spoke in favor of these codes, which are known as “reaches” because they go beyond what’s required under state building and fire regulations.

State building and fire code regulations are typically updated every three years, and California city leaders then decide whether to accept the new changes or whether to enact stricter regulations for their communities. Under state rules, cities can’t make their regulations less strict than the state.

Encinitas has used “reach” codes to get homebuilders and remodelers to add solar panels, graywater recycling systems and electric vehicle charging equipment. The city has set a such impressive standard for environmental regulations in recent years that other towns in San Diego County copy its decisions, proponents told the council during Wednesday afternoon’s meeting.

“Encinitas has earned a reputation …. we cannot allow that progress to slip away,” said Michael King, a community organizer with the San Diego chapter of the Sierra Club.

City Council members initially considered the code renewal issue during their regular Aug. 13 meeting, but voted 4-1, with Councilmember Joy Lyndes opposed, to postpone their decision. While Lyndes said she was ready to approve the renewals that night, other council members said they wanted more information.

Councilmember Luke Shaffer said he had concerns about encouraging the use of electric battery charging systems in homes, saying he knows someone who experienced a battery-caused fire, while Councilmember Jim O’Hara asked what impact the codes play on area home prices, saying home buyers will foot the bill.

Mayor Bruce Ehlers said he wanted more information about the impact of state Assembly Bill 130, which became law in late June.

“I feel like I’m rushing to do something,” he said as he suggested postponing the decision.

AB 130 declares that starting Oct. 1, and continuing for the next six years, California cities and counties can’t make changes to their residential building codes, except under certain limited circumstances. The law’s backers say it will streamline the state’s cumbersome building regulations and make it easier to construct much-needed housing. Opponents say it takes away local governments’ rights to set their own standards and could reduce efforts to reduce greenhouse gas emissions or improve energy efficiency.

Since this law is new, there are still many unsettled issues related to it, city sustainability manager Crystal Najera and other city employees said Wednesday. However, if the city’s existing “reach codes” are reapproved before the law takes effect, Encinitas can keep its existing codes, they said.

Council members said the staff’s new report on the code proposal gave them the additional information they needed and unanimously approved the renewal proposal. San Antonio asked if the city would have the flexibility under the new state law to later retract some of its “reach codes” if council members decided to go in that direction. Najera said that would be possible, and O’Hara said this was comforting to know.

To view a staff report on the proposed code items, visit: https://encinitas.granicus.com/MetaViewer.php?view_id=7&clip_id=3568&meta_id=191121