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ROBERT H. PITTMAN, State Bar No. 172154
County Counsel
MICHAEL A. KING, State Bar No. 077014
Deputy County Counsel
575 Administration Drive, Room 105A
Santa Rosa, California 95403-2815
Telephone: (707) 565-2421
Facsimile: (707) 565-2624
Attorneys for Defendant
COUNTY OF SONOMA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SONOMA
10
FREAR STEPHEN SCHMID AND ASTRID Case No.: SCV-266731 consolidated with
11 SCHMID, SCV-266225 and
12 Plaintiffs
OBJECTION TO PLAINTIFF
13 CLOSING BRIEF
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TRIAL DATE: 1-16-24
15 TIME: 9:00 a.m.
COUNTY OF SONOMA,
DEPT: 19
16 >
Defendant. Complaint filed:
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7/16/2020 (SCV-266731)
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20 I PLAINTIFF’S BRIEF EXCEEDS SCOPE OF THE RECORD
21 Due solely to the penchant of Plaintiffs to mis-state and mischaracterize both the evidence and the
22 law, Defendant County of Sonoma is compelled to object to Plaintiffs’ Post Trial Brief served on the
23 evening of January 24, 2024. The brief exceeds the page limit set by the Court and argues matters which
24 were never introduced into evidence. Plaintiffs also cite legal authority which was not presented to the
25 Court, and which is incomplete and misleading.
26 Il. PLAINTIFFS PRESENTED NO EVIDENCE OF LOT COVERAGE
27 Despite plenty of opportunity, neither as part of their case nor on cross-examination of Crystal
28 Acker, did Plaintiffs introduce their mistaken calculations into evidence. Their reliance upon their
Complaint is not evidence and they totally misstate the County’s response in its unverified Answer, which
Objection to Pltf Closing Brief
expressly objected to the conclusions, argument, or characterizations by Plaintiff. Furthermore, Crystal
Acker testified as to the methods of determining lot coverage and the manner in which it was done in this
case. For example, the existing residence is 1900 sq. ft. since the porch and roof overhang are not included
in the calculation. Parking lot and concrete apron are not included, nor are concrete pads. Other factors
enter into the calculation which involved a prior existing non-conforming use. At most, it is possible that
lot coverage may exceed the allowable total by 211 sq. ft. The remedy is to demolish a small outbuilding.
Ill. EXISTENCE OF HEATER IS NOT PART OF THIS CASE
The placement of a heater was not part of the trial regarding the scope of the use permit. County
agrees that the use permit provides for “unconditioned space”, but there was no evidence presented by
10 Plaintiffs about what that means in terms of the 2016 Building Energy Efficiency Standards. They
11 provided no expert testimony on this issue which is definitely an area where expert testimony is very
12 beneficial for the Court, in order for it to understand the regulations and their impact.
13 For instance, no evidence was presented about how the 2016 Energy Code is applicable. It is
14 certainly not part of Plaintiffs’ Exhibit 144 which only identifies the July 2019 review of the code for
15 compliance with the building code for Building Permit BLD19-2620. This reference concerns aspects of
16 the compliance of the project for the building permit after the issuance of the use permit UPE-0068. No
17 evidence was introduced about what portion or section of the codes even relate to the building permit.
18 Even more importantly, Plaintiffs selective citation of California Code of Regulations, Title 24, Part
19 6 /Subchapter 1 — All Occupancies—General Provisions / SECTION 100.1; leaves out crucial definitions,
20 such as “Directly Conditioned” and “Indirectly Conditioned”, and “Habitable Space”.
21 Plaintiffs’ closing brief makes bold assertions about the significance of a 200,000 BTU per hour
22 heater (often referred to as a 200 BTU system) and a “more detailed CEQA review” without any evidence
23 about the effect of this heater on a 5400 sq, ft. fire engine garage. Important terms and concepts left out in
24 the simplistic argument of Plaintiffs are:
25 CONDITIONED SPACE, DIRECTLY is an enclosed space that is provided with wood heating, is
provided with mechanical heating that has a capacity exceeding 10 Btu/hr-ft’, or is provided with
26 mechanical cooling that has a capacity exceeding 5 Btu/hr-ft’, unless the space-conditioning system is
designed for process space or process load. (See “process load” and “process space.”)
27
CONDITIONED SPACE, INDIRECTLY is enclosed space, including, but not limited to, unconditioned
28 volume in atria, that (1) is not directly conditioned space; and (2) either (a) has a thermal transmittance area
product (UA) to directly conditioned space exceeding that to the outdoors or to unconditioned space and
Objection to Pltf Closing Brief
does not have fixed vents or openings to the outdoors or to unconditioned space, or (b) is a space through
which air from directly conditioned spaces is transferred at a rate exceeding three air changes per hour.
See also the definition of “Habitable Space” in the attached 2016 Energy Code referenced by Plaintiff
but never provided to the Court.
IV. EXTERIOR LIGHTING, FIRE SPRINKLERS, OUTDOOR STORAGE AND
GENERATOR, PARKING LOT LIMITATIONS (INCLUDING NO SETBACK), ETC.
ARE NOT PART OF THIS TRIAL
The parties discussed the scope of this trial at the outset on January 16, 2024. One of the points
discussed was the difficulty inherent in presenting evidence about and reaching a decision about any more
than the use permit application and process leading to the final decision to issue the use permit on March
10 18, 2019. Included in this phase were the claims of lack of due process by Plaintiffs. These issues were
11 severed for purpose of trial, including the scope ofthe use permit with the conditions as issued on March
12 18, 2019.
13 The actual construction of the building with or without these features and the building permits
14 following the use permit, are the subject of the multiple additional cases against Two Rock Fire Dept., and
15 its contractors. Many of these features are included in the injunction involving Two Rock and the pending
16 Motion to Dissolve the Preliminary Injunction that the Court has continued. Much of the Plaintiffs’ brief
17 deals with their complaints about these features about which no evidence was presented, and now attempts
18 to argue matters outside the scope of this phase of trial.
19
Dated: January 29, 2024 ROBERT H. PITTMAN, Sonoma County Counsel
20
21 By: Michael A. King
Michael A. King
22 Attorneys for County of Sonoma
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Objection to Pltf Closing Brief
PROOF OF SERVICE
lam and was at the time of service of the herein named documents, employed in the County of
Sonoma, California, over the age of 18 years and not a party to the within action. My business address is
575 Administration Dr., Rm. 105A, Santa Rosa, California 95403.
On January 29, 2024, I served the following documents:
OBJECTION TO PLAINTIFF CLOSING BRIEF
on the parties in this action by placing true copies thereof enclosed in envelopes (if applicable), at Santa
Rosa, addressed as follows:
Frear Stephen Schmid John Borba
Astrid Schmid Borba Frizzell Kerns, P.C.
10 50 Old Courthouse Sq. Ste.605
7585 Valley Ford Road
Santa Rosa, CA 95404
Petaluma, CA 94952
11 john@bfklegal.com
frearschmid@aol.com
jacqueline@bfklegal.com
12
Plaintiffs, Pro Se
Attorneys for Defendant Two Rock
13
Volunteer Fire Department
14
J. Curtis Edmondson
15 Law Offices ofJ. Curtis Edmondson
9999 SW Wilshire Street, #216
16
Portland, OR 97225
17 jcedmondson@edmolaw.com
18 Attorney for Plaintiffs
19
] BY MAIL. [am readily familiar with my employer’s practice of collection and processing
20 correspondence for mailing. Under that practice, I placed each such sealed envelope, with
postage thereon fully prepaid for first-class mail, for collection and mailing at Santa Rosa,
21 California, to the addresses as set forth above, following ordinary business practices. Said
22 practice being that in the ordinary course of business, correspondence is deposited in the
United States Postal Service the same day as it is placed for processing.
23
24
0] BY PERSONAL SERVICE. I caused each such document to be delivered by hand to the
address(es) listed above.
25
0] BY FACSIMILE TRANSMISSION. I caused such documents to be transmitted to the
26 facsimile number of the addressee listed above, by use of facsimile machine telephone
number. The facsimile machine complied with California Rules of Court, Rule 2004 and no
27 error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), a
28 transmission record of the transmission was printed.
Objection to Pltf Closing Brief
[xX] BY EMAIL SERVICE. I caused such document(s) to be emailed or electronically transmitted
between the parties and/or as a courtesy, I sent the document(s) to the person(s) at the email
address(es) listed above. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
(] BY OVERNIGHT DELIVERY SERVICE. I caused such envelope to be delivered by overnight
courier service to the addressee at the address set forth above. The envelope was deposited in or
with a facility regularly maintained by the overnight delivery service with delivery fees paid.
[Xx] (State) I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on January 29, 2024, at Santa Rosa, California.
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Objection to Pltf Closing Brief
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2016 Building Energy Efficiency Standards Page i
TABLE OF CONTENTS
ARTICLE 1 - ENERGY BUILDING REGULATIONS
10-101 - SCOPE
10-102 - DEFINITIONS.
10-103 - PERMIT, CERTIFICATE, INFORMATIONAL, AND ENFORCEMENT REQUIREMENTS FOR,
DESIGNERS, INSTALLERS, BUILDERS, MANUFACTURERS, AND SUPPLIERS.
10-103.1 - NONRESIDENTIAL LIGHTING CONTROLS ACCEPTANCE TEST TRAINING AND
CERTIFICATION. 16
10-103.2 - NONRESIDENTIAL MECHANICAL ACCEPTANCE TEST TRAINING AND CERTIFICATION 20
10-104 - EXCEPTIONAL DESIGNS 25
10-105 - ENFORCEMENT BY THE COMMISSION. 26
10-106 - LOCALLY ADOPTED ENERGY STANDARDS. 27
10-107 - INTERPRETATIONS 28
10-108 - EXEMPTION. 29
10-109 - COMPLIANCE SOFTWARE, ALTERNATIVE COMPONENT PACKAGES, EXCEPTIONAL
METHODS, DATA REGISTRIES AND RELATED DATA INPUT SOFTWARE, ALTERNATIVE
RESIDENTIAL FIELD VERIFICATION PROTOCOLS, AND ELECTRONIC DOCUMENT REPOSITORIES
10-110 - PROCEDURES FOR CONSIDERATION OF APPLICATIONS UNDER SECTIONS 10-104, 10-106,
10-108, AND 10-109...
10-111 - CERTIFICATION AND LABELING OF FENESTRATION PRODUCT U-FACTORS, SOLAR HEAT
GAIN COEFFICIENTS, VISIBLE TRANSMITTANCE AND AIR LEAKAGE..
10-112 - CRITERIA FOR DEFAULT TABLES 37
10-113 - CERTIFICATION
AND LABELING OF ROOFING PRODUCT REFLECTANCE AND EMITTANCE
10-114 - DETERMINATION OF OUTDOOR LIGHTING ZONES AND ADMINISTRATIVE RULES FOR USE
EFFICIENCY STANDARDS CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 6. 43
SUBCHAPTER 1 ALL OCCUPANCIES— GENERAL PROVISIONS 45
SECTION 100.0 - SCOPE.
SECTION 100.1 - DEFINITIONS AND RULES OF CONSTRUCTION...... 49
SECTION 100.2 - CALCULATION OF TIME DEPENDENT VALUATION (TDV) ENERGY
SUBCHAPTER 2 ALL OCCUPANCIES— MANDATORY REQUIREMENTS FOR THE MANUFACTURE
CONSTRUCTION AND INSTALLATION OF SYSTEMS, EQUIPMENT AND BUILDING COMPONENTS 85
SECTION 110.0 - SY STEMS
AND EQUIPMENT—GENERAL
SECTION 110.1 - MANDATORY REQUIREMENTS FOR APPLIANCES
SECTION 110.2 - MANDATORY REQUIREMENTS FOR SPACE-CONDITIONING EQUIPMENT 87
SECTION 110.3 - MANDATORY REQUIREMENTS FOR SERVICE WATER-HEATING SYSTEMS AND
EQUIPMENT. 101
SECTION 110.4- MANDATORY REQUIREMENTS FOR POOL AND SPA SYSTEMS AND EQUIPMENT
SECTION 110.5 - NATURAL GAS CENTRAL FURNACES, COOKING EQUIPMENT, AND POOL AND SPA
HEATERS: PILOT LIGHTS PROHIBITED... sooeee 104
Table of Contents
Page ii 2016 Building Energy Efficiency Standards
SECTION 110.6 - MANDATORY REQUIREMENTS FOR FENESTRATION PRODUCTS AND EXTERIOR
DOORS 105
SECTION 110.7 - MANDATORY REQUIREMENTS TO LIMIT AIR LEAKAGE 109
SECTION 110.8 - MANDATORY REQUIREMENTS FOR INSULATION, ROOFING PRODUCTS AND
RADIANT BARRIERS. 110
SECTION 110.9- MANDATORY REQUIREMENTS FOR LIGHTING CONTROL DEVICES AND SYSTEMS,
BALLASTS, AND LUMINAIRES... 113
SECTION 110.10 - MANDATORY REQUIREMENTS FOR SOLAR READY BUILDINGS 116
SECTION 110.11 - MANDATORY REQUIREMENTS FOR ELECTRICAL POWER DISTRIBUTION SY STEM.119
SUBCHAPTER 3 NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, HOTEL/MOTEL OCCUPANCIES
AND COVERED PROCESSES— MANDATORY REQUIREMENTS 121
SECTION 120.0— GENERAL. 121
SECTION 120.1 - REQUIREMENTS FOR VENTILATION 122
SECTION 120.2 - REQUIRED CONTROLS FOR SPACE-CONDITIONING SYSTEMS 126
SECTION 120.3 - REQUIREMENTS FOR PIPE INSULATION... 131
SECTION 120.4 - REQUIREMENTS FOR AIR DISTRIBUTION SY STEM DUCTS AND PLENUMS 133
SECTION 120.5 - REQUIRED NONRESIDENTIAL MECHANICAL SY STEM ACCEPTANCE. 135,
SECTION 120.6 - MANDATORY REQUIREMENTS FOR COVERED PROCESSES. 137
SECTION 120.7 -MANDATORY INSULATION REQUIREMENTS. 145
SECTION 120.8 NONRESIDENTIAL BUILDING COMMISSIONING 147
SECTION 120.9 - MANDATORY REQUIREMENTS FOR COMMERCIAL BOILERS. 150
SUBCHAPTER 4 NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, AND HOTEL/MOTEL
OCCUPANCIES— MANDATORY REQUIREMENTS FOR LIGHTING SYSTEMS AND EQUIPMENT, AND
ELECTRICAL POWER DISTRIBUTION SYSTEMS 151
SECTION 130.0 - LIGHTING SY STEMS AND EQUIPMENT, AND ELECTRICAL POWER DISTRIBUTION
SYSTEMS —GENERAL..... 151
SECTION 130.1 - MANDATORY INDOOR LIGHTING CONTROLS 154.
SECTION 130.2 - OUTDOOR LIGHTING CONTROLS AND EQUIPMENT 161
SECTION 130.3 - SIGN LIGHTING CONTROLS 164.
SECTION 130.4 -LIGHTING CONTROL ACCEPTANCE AND INSTALLATION CERTIFICATE
REQUIREMENTS 165
SECTION 130.5 -ELECTRICAL POWER DISTRIBUTION SY STEMS 167
SUBCHAPTER 5 NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, AND HOTEL/MOTEL
OCCUPANCIES— PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR
ACHIEVING ENERGY EFFICIENCY 171
SECTION 140.0 - PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES 171
SECTION 140.1 - PERFORMANCE APPROACH: ENERGY BUDGETS 172
SECTION 140.2 - PRESCRIPTIVE APPROACH. 173
SECTION 140.3 - PRESCRIPTIVE REQUIREMENTS FOR BUILDING ENVELOPES. 174.
SECTION 140.4 - PRESCRIPTIVE REQUIREMENTS FOR SPACE CONDITIONING SYSTEMS, 186
SECTION 140.5 - PRESCRIPTIVE REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS 196
Table of Contents
2016 Building Energy Efficiency Standards Page iii
SECTION 140.6 - PRESCRIPTIVE REQUIREMENTS FOR INDOOR LIGHTING
SECTION 140.7 - REQUIREMENTS FOR OUTDOOR LIGHTING 12
SECTION 140.8 - REQUIREMENTS FOR SIGNS 216
SECTION 140.9 - PRESCRIPTIVE REQUIREMENTS FOR COVERED PROCESSES. 217
SUBCHAPTER 6 NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, AND HOTEL/MOTEL
OCCUPANCIES— ADDITIONS, ALTERATIONS, AND REPAIRS 221
SECTION 141.0 - ADDITIONS, ALTERATIONS, AND REPAIRS TO EXISTING NONRESIDENTIAL, HIGH-
RISE RESIDENTIAL, AND HOTEL/MOTEL BUILDINGS, TO EXISTING OUTDOOR LIGHTING, AND TO
INTERNALLY AND EXTERNALLY ILLUMINATED SIGNG.... 221
SECTION 141.1 - REQUIREMENTS FOR COVERED PROCESSES IN ADDITIONS, ALTERATIONS TO
EXISTING NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, AND HOTEL/MOTEL BUILDINGS. 232
SUBCHAPTER 7 LOW-RISE RESIDENTIAL BUILDINGS - MANDATORY FEATURES AND DEVICES 233
SECTION 150.0 - MANDATORY FEATURES AND DEVICES. 233
SUBCHAPTER 8 LOW-RISE RESIDENTIAL BUILDINGS - PERFORMANCE AND PRESCRIPTIVE
COMPLIANCE APPROACHES 247
SECTION 150.1 - PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR LOW-RISE
RESIDENTIAL BUILDINGS.. 247
SUBCHAPTER 9 LOW-RISE RESIDENTIAL BUILDINGS - ADDITIONS AND ALTERATIONS TO
EXISTING LOW-RISE RESIDENTIAL BUILDINGS 259
SECTION 150.2 - ENERGY EFFICIENCY STANDARDS FOR ADDITIONS AND ALTERATIONS TO
EXISTING LOW-RISE RESIDENTIAL BUILDINGS 259
CALIFORNIA MECHANICAL CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 4
CHAPTER6, DUCT SYSTEMS 267
APPENDIX 1-A STANDARDS AND DOCUMENTS REFERENCED IN THE ENERGY EFFICIENCY
REGULATIONS. 269
Table of Contents
2016 Building Energy Efficiency Standards Page 55
CODES, CMC is the 2013 Califomia Mechanical Code.
CODES, CPC is the 2013 Califomia Plumbing Code.
COEFFICIENT OF PERFORMANCE (COP), COOLING, is the ratio of the rate of net heat removal to the rate
of total energy input, calculated under designated operating conditions and expressedin consistent units, as
determined using the applicable test method in the Appliance Efficiency Regulations or Section 110.2.
COEFFICIENT OF PERFORMANCE (COP), HEATING, is the ratio of the rate of net heat output to the rate of
total energy input, calculated under designated operating conditions and expressed in consistent units, as determined
using the applicable test method in the Appliance Efficiency Regulations or Section 110.2.
COEFFICIENT OF PERFORMANCE (COP), HEAT PUMP is the ratio of the rate of useful heat output
delivered by the complete heat pump unit (exclusive of supplementary heating) to the corresponding rate of energy
input, in consistent units and as determined using the applicable test method in Appliance Efficiency Regulations or
Section 110.2.
COMBUSTION AIR POSITIVE SHUT-OFF is a means of restricting air flow through a boiler combustion
chamber during standby periods, used to reduce standby heat loss. A flue damper and a vent damper are two
examples of combustion air positive shut-off devices.
COMBUSTION EFFICIENCY isa measure of the percentage of heat from the combustion of gas or oil that is
‘transferred to the medium being heated or lost as jacket loss.
COMMERCIAL BOILER isatype of boiler with a capacity (rated maximum input) of 300,000 Btus per hour
(Btu/h) or more and serving a space heating or water heating load in a commercial building.
COMMISSION is the Califomia State Energy Resources Conservation
and Development Commission.
COMPLEX MECHANICAL SYSTEMS: are systems that include 1) fan systems each serving multiple
thermostatically controlled zones; or 2) built-up air handler systems (non-unitary or non-packaged HVAC
equipment); or 3) hydronic or steam heating systems; or 4) hydronic cooling Complex systems are NOT
the following: (a) unitary or packaged equipment listed in Tables 110.2-A, 110.2-B, 110.2-C, and 110.2-E that each
serve one zone, or (b) two-pipe, heating only systems serving one or more zones.
COMPLIANCE SOFTWARE is software that has been approved pursuant to Section 10-109 of Part 1 of Title24
of the Califomia Code of Regulations, to demonstrate compliance with the performance approachof Part 6.
COMPRESSED AIR SYSTEM isasystem of at least one compressor providing compressed air at 40 psig or
higher.
COMPUTER ROOM isarcomwithina building whose pri function is to house electronic equipment and that
has a design equipment power density exceeding 20 eek (215 watts/n) of conditioned floor area.
CONDENSER SPECIFIC EFFICIENCY is the full load condenser Total Heat of Rejection (THR) capacity at
standardized conditions divided by the fan input electric power (including
but not limitedto spray pump electric
input power for evaporative condensers) at 100 percent rated fan speed.
CONDITIONED FLOOR AREA (CFA) is the floor area (in square feet) of enclosed conditioned
space on all
floors of a building, as measured at the floor level of the exterior surfaces of exterior walls enclosing
the conditioned
space.
CONDITIONED SPACE is space in a building thatis either directly conditioned or indirectly conditioned.
CONDITIONED SPACE, DIRECTLY isan enclosed space that is provided with wood heating, is provided with
mechanical heating that has a capacity exceeding 10 Btu/hr-ft, or is providedwith mechanical cooling that has a
ity exceeding 5 Btu/hr-ft?, unless the space-conditioning systemis designed for process space or process load.
(See “process load” and “process space.”)
CONDITIONED SPACE, INDIRECTLY is enclosed space, including, but not limitedto, unconditioned volume
inatzia, that (1) is not directly conditioned space; and (2) either (a) has a thermal transmittance
area product (UA) to
directly conditioned space exceeding that to the outdoors or to unconditioned space and does not have fixed vents or
openings to the outdoors or to unconditioned space, or (b) is a space through which air from directly conditioned
spaces is transferred at a rate exceeding three air changes per hour.
CONDITIONED VOLUME is the total volume (in cubic feet) of the conditioned
space within a building.
SECTION 100.1 - DEFINITIONS
AND RULES OF CONSTRUCTION
Page 62 2016 Building Energy Efficiency Standards
FLOOR/SOFFIT TY PE isa type of floor/soffit assembly having a specific heat capacity, framing type, and U-
factor.
FLUID COOLER isa fan-powered heat rejection device that includes a water or glycol circuit connected by a
Closed circulation loop to a liquid-cooled refrigerant condenser, and may be either evaporative-cooled, air-cooled, or
acombination of the two.
FLUX is the rate of energy flow per unit area.
FOOD PREPARATION EQUIPMENT is cooking equipment intended for commercial use, including coffee
machines, espresso coffee makers, conductive cookers, food warmers including heated food servers, fryers, griddles,
mut warmers, ovens, popcom makers, steam kettles, ranges, and cooking appliances for use in commercial kitchens,
restaurants, or other business establishments
where food is dispensed.
FREEZER isa space designed
to be capable of operation
at less than 28°F.
GAS COOLING EQUIPMENT is cooling equipment that produces chilled water or cold air using natural gasor
liquefied petroleum gas as the primary energy source.
GAS HEATING SYSTEM is asystem
that uses natural gas or liquefied petroleum gas as a fuel to heat a
Conditioned space.
GAS LOG isaself-contained, free-standing, open-flame, gas-buming appliance consisting of a metal frame or base
supporting simulated logs, and designed for installation only in a vented fireplace.
GLAZING (See “fenestration product”)
GLOBAL WARMING POTENTIAL (GWP) is the radiative forcing impact of one mass-based
unit of a given
greenhouse gas relative to an equivalent unit of carbon dioxide overa given period of time.
GLOBAL WARMING POTENTIAL VALUE (GWP Value) is the 100-year
GWP value published by the
Intergovemmental Panel on Climate Change (IPCC) in either its Second Assessment Report (SAR) (IPCC, 1995), or
its Fourth Assessment A-3 Report (AR4) (IPCC, 2007). Both the 1995 IPCC SAR values and the 2007 IPCC AR4
values are published in table 2.14 of the 2007 IPCC AR4. The SAR GWP values are foundin column “SAR (100-
)” of Table 2.14.; the AR4 GWP values are found in column “100 yr” of Table 2.14.”
GOVERNMENTAL AGENCY is any public agency or subdivision thereof, including, but not limitedto, any
agency
of the state, a county, a city, a district, an association
of govemments, or a joint power agency.
GROSS EXTERIOR ROOF AREA is the sum of the skylight area and the exterior roof/ceiling area.
GROSS EXTERIOR WALL AREA is the sum of the window area, door area, and exterior
wall area.
HABITABLE SPACE is space ina building for living, sleeping, eating or cooking. Bathrooms, toilets, hallways,
storage areas, closets, or utility rooms and similar areas are not considered habitable spaces.
HABITABLE STORY isastory that contains space in which humans may work or live in reasonable comfort, and
that has at least 50 percent of its volume above grade.
HEAT CAPACITY (HC) orthenmal capacity, is the measurable physical quantity that characterizes the amount of
heat required to change a substance's temperature by a given amount.
HEAT PUMP isan appliance, that consists of one or more assemblies; that uses an indoor conditioning coil, a
compressor, and arefrigerant-to-outdoor air heat exchanger to provide air heating; and that may also provide air
cooling, dehumidifying, humidifying, circulating, or air cleaning.
HEATED SLAB FLOOR is aconcrete floor either, on-grade, raised, ora lightweight concrete slab topping.
Heating is provided by a system placed within or under the slab, andis sometimes referred to as a radiant slab floor.
HEATING EQUIPMENT is equipment
used to provide mechanical heating
for a room or rooms in a building.
HEATING SEASONAL PERFORMANCE FACTOR (HSPF) is the total heating output of a central air
conditioning heat pump (in Btu) during its normal use period for heating dividedby the total electrical energy input
(in watt-hours) duringthe same period, as determined using the applicable test method in the Appliance Efficiency
Regulations.
HI is the Hydronics Institute of the Gas Appliance Manufacturers Association (GAMA).
SECTION 100.1 - DEFINITIONS
AND RULES OF CONSTRUCTION
PROOF OF SERVICE
Tam and was at the time of service of the herein named documents, employed in the
County of Sonoma, California, over the age of 18 years and not a party to the within action. My
business address is 575 Administration Dr., Rm. 105A, Santa Rosa, California 95403.
On January 29, 2024, I served the following documents:
OBJECTION TO PLAINTIFF’S CLOSING BRIEF
on the parties in this action by placing true copies thereof enclosed in envelopes (if applicable),
at Santa Rosa, addressed as follows:
Frear Stephen Schmid John Borba
Astrid Schmid Borba Frizzell Kerns, P.C.
10 50 Old Courthouse Sq. Ste.605
7585 Valley Ford Road
Santa Rosa, CA 95404
Petaluma, CA 94952
11 john@bfklegal.com
frearschmid@aol.com
jacqueline@bfklegal.com
12
Plaintiffs, Pro Se
13 Attorneys for Defendant Two Rock
Volunteer Fire Department
14
J. Curtis Edmondson
15 Law Officeds of J. Curtis Edmondson
9999 SW Wilshire Street, #216
16
Portland, OR 97225
17 jcedmondson@edmolaw.com
18 Attorney for Plaintiffs
19
] BY MAIL. [am readily familiar with my employer’s practice of collection and
20 processing correspondence for mailing. Under that practice, I placed each such
sealed envelope, with postage thereon fully prepaid for first-class mail, for
21 collection and mailing at Santa Rosa, California, to the addresses as set forth
22 above, following ordinary business practices. Said practice being that in the
ordinary course of business, correspondence is deposited in the United States
23 Postal Service the same day as it is placed for processing.
24
0] BY PERSONAL SERVICE. I caused each such document to be delivered by
25 hand to the address(es) listed above.
26 0] BY FACSIMILE TRANSMISSION. I caused such documents to be transmitted
to the facsimile number of the addressee listed above, by use of facsimile machine
27
telephone number. The facsimile machine complied with California Rules of
28 Court, Rule 2004 and no error was reported by the machine. Pursuant to
Proof
of Service
California Rules of Court, Rule 2006(d), a transmission record of the transmission
was printed.
[xX] BY EMAIL SERVICE. I caused such document(s) to be emailed or electronically
transmitted between the parties and/or as a courtesy, I sent the document(s) to the
person(s) at the email address(es) listed above. I did not receive, within a reasonable time
after the transmission, any electronic message or other indication that the transmission
was unsuccessful
0] BY OVERNIGHT DELIVERY SERVICE. I caused such envelope to be delivered by
overnight courier service to the addressee at the address set forth above. The envelope
was deposited in or with a facility regularly maintained by the overnight delivery service
with delivery fees paid
[Xx] (State) I declare under penalty of perjury under the laws of the State of California that the
10 foregoing is true and correct.
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Wagan Swverler.
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ROBERT H. PITTMAN, State Bar No. 172154 County Counsel MICHAEL A. KING, State Bar No. 077014 Deputy County Counsel 575 Administration Drive, Room 105A Santa Rosa, California 95403-2815 Telephone: (707) 565-2421 Facsimile: (707) 565-2624 Attorneys for Defendant COUNTY OF SONOMA SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SONOMA 10 FREAR STEPHEN SCHMID AND ASTRID Case No.: SCV-266731 consolidated with 11 SCHMID, SCV-266225 and 12 Plaintiffs OBJECTION TO PLAINTIFF 13 CLOSING BRIEF 14 TRIAL DATE: 1-16-24 15 TIME: 9:00 a.m. COUNTY OF SONOMA, DEPT: 19 16 > Defendant. Complaint filed: 17 7/16/2020 (SCV-266731) 18 19 20 I PLAINTIFF’S BRIEF EXCEEDS SCOPE OF THE RECORD 21 Due solely to the penchant of Plaintiffs to mis-state and mischaracterize both the evidence and the 22 law, Defendant County of Sonoma is compelled to object to Plaintiffs’ Post Trial Brief served on the 23 evening of January 24, 2024. The brief exceeds the page limit set by the Court and argues matters which 24 were never introduced into evidence. Plaintiffs also cite legal authority which was not presented to the 25 Court, and which is incomplete and misleading. 26 Il. PLAINTIFFS PRESENTED NO EVIDENCE OF LOT COVERAGE 27 Despite plenty of opportunity, neither as part of their case nor on cross-examination of Crystal 28 Acker, did Plaintiffs introduce their mistaken calculations into evidence. Their reliance upon their Complaint is not evidence and they totally misstate the County’s response in its unverified Answer, which Objection to Pltf Closing Brief expressly objected to the conclusions, argument, or characterizations by Plaintiff. Furthermore, Crystal Acker testified as to the methods of determining lot coverage and the manner in which it was done in this case. For example, the existing residence is 1900 sq. ft. since the porch and roof overhang are not included in the calculation. Parking lot and concrete apron are not included, nor are concrete pads. Other factors enter into the calculation which involved a prior existing non-conforming use. At most, it is possible that lot coverage may exceed the allowable total by 211 sq. ft. The remedy is to demolish a small outbuilding. Ill. EXISTENCE OF HEATER IS NOT PART OF THIS CASE The placement of a heater was not part of the trial regarding the scope of the use permit. County agrees that the use permit provides for “unconditioned space”, but there was no evidence presented by 10 Plaintiffs about what that means in terms of the 2016 Building Energy Efficiency Standards. They 11 provided no expert testimony on this issue which is definitely an area where expert testimony is very 12 beneficial for the Court, in order for it to understand the regulations and their impact. 13 For instance, no evidence was presented about how the 2016 Energy Code is applicable. It is 14 certainly not part of Plaintiffs’ Exhibit 144 which only identifies the July 2019 review of the code for 15 compliance with the building code for Building Permit BLD19-2620. This reference concerns aspects of 16 the compliance of the project for the building permit after the issuance of the use permit UPE-0068. No 17 evidence was introduced about what portion or section of the codes even relate to the building permit. 18 Even more importantly, Plaintiffs selective citation of California Code of Regulations, Title 24, Part 19 6 /Subchapter 1 — All Occupancies—General Provisions / SECTION 100.1; leaves out crucial definitions, 20 such as “Directly Conditioned” and “Indirectly Conditioned”, and “Habitable Space”. 21 Plaintiffs’ closing brief makes bold assertions about the significance of a 200,000 BTU per hour 22 heater (often referred to as a 200 BTU system) and a “more detailed CEQA review” without any evidence 23 about the effect of this heater on a 5400 sq, ft. fire engine garage. Important terms and concepts left out in 24 the simplistic argument of Plaintiffs are: 25 CONDITIONED SPACE, DIRECTLY is an enclosed space that is provided with wood heating, is provided with mechanical heating that has a capacity exceeding 10 Btu/hr-ft’, or is provided with 26 mechanical cooling that has a capacity exceeding 5 Btu/hr-ft’, unless the space-conditioning system is designed for process space or process load. (See “process load” and “process space.”) 27 CONDITIONED SPACE, INDIRECTLY is enclosed space, including, but not limited to, unconditioned 28 volume in atria, that (1) is not directly conditioned space; and (2) either (a) has a thermal transmittance area product (UA) to directly conditioned space exceeding that to the outdoors or to unconditioned space and Objection to Pltf Closing Brief does not have fixed vents or openings to the outdoors or to unconditioned space, or (b) is a space through which air from directly conditioned spaces is transferred at a rate exceeding three air changes per hour. See also the definition of “Habitable Space” in the attached 2016 Energy Code referenced by Plaintiff but never provided to the Court. IV. EXTERIOR LIGHTING, FIRE SPRINKLERS, OUTDOOR STORAGE AND GENERATOR, PARKING LOT LIMITATIONS (INCLUDING NO SETBACK), ETC. ARE NOT PART OF THIS TRIAL The parties discussed the scope of this trial at the outset on January 16, 2024. One of the points discussed was the difficulty inherent in presenting evidence about and reaching a decision about any more than the use permit application and process leading to the final decision to issue the use permit on March 10 18, 2019. Included in this phase were the claims of lack of due process by Plaintiffs. These issues were 11 severed for purpose of trial, including the scope ofthe use permit with the conditions as issued on March 12 18, 2019. 13 The actual construction of the building with or without these features and the building permits 14 following the use permit, are the subject of the multiple additional cases against Two Rock Fire Dept., and 15 its contractors. Many of these features are included in the injunction involving Two Rock and the pending 16 Motion to Dissolve the Preliminary Injunction that the Court has continued. Much of the Plaintiffs’ brief 17 deals with their complaints about these features about which no evidence was presented, and now attempts 18 to argue matters outside the scope of this phase of trial. 19 Dated: January 29, 2024 ROBERT H. PITTMAN, Sonoma County Counsel 20 21 By: Michael A. King Michael A. King 22 Attorneys for County of Sonoma 23 24 25 26 27 28 Objection to Pltf Closing Brief PROOF OF SERVICE lam and was at the time of service of the herein named documents, employed in the County of Sonoma, California, over the age of 18 years and not a party to the within action. My business address is 575 Administration Dr., Rm. 105A, Santa Rosa, California 95403. On January 29, 2024, I served the following documents: OBJECTION TO PLAINTIFF CLOSING BRIEF on the parties in this action by placing true copies thereof enclosed in envelopes (if applicable), at Santa Rosa, addressed as follows: Frear Stephen Schmid John Borba Astrid Schmid Borba Frizzell Kerns, P.C. 10 50 Old Courthouse Sq. Ste.605 7585 Valley Ford Road Santa Rosa, CA 95404 Petaluma, CA 94952 11 john@bfklegal.com frearschmid@aol.com jacqueline@bfklegal.com 12 Plaintiffs, Pro Se Attorneys for Defendant Two Rock 13 Volunteer Fire Department 14 J. Curtis Edmondson 15 Law Offices ofJ. Curtis Edmondson 9999 SW Wilshire Street, #216 16 Portland, OR 97225 17 jcedmondson@edmolaw.com 18 Attorney for Plaintiffs 19 ] BY MAIL. [am readily familiar with my employer’s practice of collection and processing 20 correspondence for mailing. Under that practice, I placed each such sealed envelope, with postage thereon fully prepaid for first-class mail, for collection and mailing at Santa Rosa, 21 California, to the addresses as set forth above, following ordinary business practices. Said 22 practice being that in the ordinary course of business, correspondence is deposited in the United States Postal Service the same day as it is placed for processing. 23 24 0] BY PERSONAL SERVICE. I caused each such document to be delivered by hand to the address(es) listed above. 25 0] BY FACSIMILE TRANSMISSION. I caused such documents to be transmitted to the 26 facsimile number of the addressee listed above, by use of facsimile machine telephone number. The facsimile machine complied with California Rules of Court, Rule 2004 and no 27 error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), a 28 transmission record of the transmission was printed. Objection to Pltf Closing Brief [xX] BY EMAIL SERVICE. I caused such document(s) to be emailed or electronically transmitted between the parties and/or as a courtesy, I sent the document(s) to the person(s) at the email address(es) listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. (] BY OVERNIGHT DELIVERY SERVICE. I caused such envelope to be delivered by overnight courier service to the addressee at the address set forth above. The envelope was deposited in or with a facility regularly maintained by the overnight delivery service with delivery fees paid. [Xx] (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 29, 2024, at Santa Rosa, California. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Objection to Pltf Closing Brief to Ly 2016 Prery coo A Se El a) Ca ease i) BS ey = PY Ny aul ephad BUILDING ENERGY EFFICIENCY ra eh STANDARDS FOR RESIDENTIAL AND NONRESIDENTIAL hd 2 =| BUILDINGS rn ll FOR THE 2016 BUILDING ENERGY EFFICIENCY a STANDARDS a) Po roo aia a TITLE 24, PART 6, AND ASSOCIATED Poor ADMINISTRATIVE REGULATIONS Ee Ll IN PART 1. Lie HN La) os Un LN BL eimL]ok 4 0Ba: et, ab B° Go koreo RGY COMMISSION Jr., Governor 2016 Building Energy Efficiency Standards Page i TABLE OF CONTENTS ARTICLE 1 - ENERGY BUILDING REGULATIONS 10-101 - SCOPE 10-102 - DEFINITIONS. 10-103 - PERMIT, CERTIFICATE, INFORMATIONAL, AND ENFORCEMENT REQUIREMENTS FOR, DESIGNERS, INSTALLERS, BUILDERS, MANUFACTURERS, AND SUPPLIERS. 10-103.1 - NONRESIDENTIAL LIGHTING CONTROLS ACCEPTANCE TEST TRAINING AND CERTIFICATION. 16 10-103.2 - NONRESIDENTIAL MECHANICAL ACCEPTANCE TEST TRAINING AND CERTIFICATION 20 10-104 - EXCEPTIONAL DESIGNS 25 10-105 - ENFORCEMENT BY THE COMMISSION. 26 10-106 - LOCALLY ADOPTED ENERGY STANDARDS. 27 10-107 - INTERPRETATIONS 28 10-108 - EXEMPTION. 29 10-109 - COMPLIANCE SOFTWARE, ALTERNATIVE COMPONENT PACKAGES, EXCEPTIONAL METHODS, DATA REGISTRIES AND RELATED DATA INPUT SOFTWARE, ALTERNATIVE RESIDENTIAL FIELD VERIFICATION PROTOCOLS, AND ELECTRONIC DOCUMENT REPOSITORIES 10-110 - PROCEDURES FOR CONSIDERATION OF APPLICATIONS UNDER SECTIONS 10-104, 10-106, 10-108, AND 10-109... 10-111 - CERTIFICATION AND LABELING OF FENESTRATION PRODUCT U-FACTORS, SOLAR HEAT GAIN COEFFICIENTS, VISIBLE TRANSMITTANCE AND AIR LEAKAGE.. 10-112 - CRITERIA FOR DEFAULT TABLES 37 10-113 - CERTIFICATION AND LABELING OF ROOFING PRODUCT REFLECTANCE AND EMITTANCE 10-114 - DETERMINATION OF OUTDOOR LIGHTING ZONES AND ADMINISTRATIVE RULES FOR USE EFFICIENCY STANDARDS CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 6. 43 SUBCHAPTER 1 ALL OCCUPANCIES— GENERAL PROVISIONS 45 SECTION 100.0 - SCOPE. SECTION 100.1 - DEFINITIONS AND RULES OF CONSTRUCTION...... 49 SECTION 100.2 - CALCULATION OF TIME DEPENDENT VALUATION (TDV) ENERGY SUBCHAPTER 2 ALL OCCUPANCIES— MANDATORY REQUIREMENTS FOR THE MANUFACTURE CONSTRUCTION AND INSTALLATION OF SYSTEMS, EQUIPMENT AND BUILDING COMPONENTS 85 SECTION 110.0 - SY STEMS AND EQUIPMENT—GENERAL SECTION 110.1 - MANDATORY REQUIREMENTS FOR APPLIANCES SECTION 110.2 - MANDATORY REQUIREMENTS FOR SPACE-CONDITIONING EQUIPMENT 87 SECTION 110.3 - MANDATORY REQUIREMENTS FOR SERVICE WATER-HEATING SYSTEMS AND EQUIPMENT. 101 SECTION 110.4- MANDATORY REQUIREMENTS FOR POOL AND SPA SYSTEMS AND EQUIPMENT SECTION 110.5 - NATURAL GAS CENTRAL FURNACES, COOKING EQUIPMENT, AND POOL AND SPA HEATERS: PILOT LIGHTS PROHIBITED... sooeee 104 Table of Contents Page ii 2016 Building Energy Efficiency Standards SECTION 110.6 - MANDATORY REQUIREMENTS FOR FENESTRATION PRODUCTS AND EXTERIOR DOORS 105 SECTION 110.7 - MANDATORY REQUIREMENTS TO LIMIT AIR LEAKAGE 109 SECTION 110.8 - MANDATORY REQUIREMENTS FOR INSULATION, ROOFING PRODUCTS AND RADIANT BARRIERS. 110 SECTION 110.9- MANDATORY REQUIREMENTS FOR LIGHTING CONTROL DEVICES AND SYSTEMS, BALLASTS, AND LUMINAIRES... 113 SECTION 110.10 - MANDATORY REQUIREMENTS FOR SOLAR READY BUILDINGS 116 SECTION 110.11 - MANDATORY REQUIREMENTS FOR ELECTRICAL POWER DISTRIBUTION SY STEM.119 SUBCHAPTER 3 NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, HOTEL/MOTEL OCCUPANCIES AND COVERED PROCESSES— MANDATORY REQUIREMENTS 121 SECTION 120.0— GENERAL. 121 SECTION 120.1 - REQUIREMENTS FOR VENTILATION 122 SECTION 120.2 - REQUIRED CONTROLS FOR SPACE-CONDITIONING SYSTEMS 126 SECTION 120.3 - REQUIREMENTS FOR PIPE INSULATION... 131 SECTION 120.4 - REQUIREMENTS FOR AIR DISTRIBUTION SY STEM DUCTS AND PLENUMS 133 SECTION 120.5 - REQUIRED NONRESIDENTIAL MECHANICAL SY STEM ACCEPTANCE. 135, SECTION 120.6 - MANDATORY REQUIREMENTS FOR COVERED PROCESSES. 137 SECTION 120.7 -MANDATORY INSULATION REQUIREMENTS. 145 SECTION 120.8 NONRESIDENTIAL BUILDING COMMISSIONING 147 SECTION 120.9 - MANDATORY REQUIREMENTS FOR COMMERCIAL BOILERS. 150 SUBCHAPTER 4 NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, AND HOTEL/MOTEL OCCUPANCIES— MANDATORY REQUIREMENTS FOR LIGHTING SYSTEMS AND EQUIPMENT, AND ELECTRICAL POWER DISTRIBUTION SYSTEMS 151 SECTION 130.0 - LIGHTING SY STEMS AND EQUIPMENT, AND ELECTRICAL POWER DISTRIBUTION SYSTEMS —GENERAL..... 151 SECTION 130.1 - MANDATORY INDOOR LIGHTING CONTROLS 154. SECTION 130.2 - OUTDOOR LIGHTING CONTROLS AND EQUIPMENT 161 SECTION 130.3 - SIGN LIGHTING CONTROLS 164. SECTION 130.4 -LIGHTING CONTROL ACCEPTANCE AND INSTALLATION CERTIFICATE REQUIREMENTS 165 SECTION 130.5 -ELECTRICAL POWER DISTRIBUTION SY STEMS 167 SUBCHAPTER 5 NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, AND HOTEL/MOTEL OCCUPANCIES— PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR ACHIEVING ENERGY EFFICIENCY 171 SECTION 140.0 - PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES 171 SECTION 140.1 - PERFORMANCE APPROACH: ENERGY BUDGETS 172 SECTION 140.2 - PRESCRIPTIVE APPROACH. 173 SECTION 140.3 - PRESCRIPTIVE REQUIREMENTS FOR BUILDING ENVELOPES. 174. SECTION 140.4 - PRESCRIPTIVE REQUIREMENTS FOR SPACE CONDITIONING SYSTEMS, 186 SECTION 140.5 - PRESCRIPTIVE REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS 196 Table of Contents 2016 Building Energy Efficiency Standards Page iii SECTION 140.6 - PRESCRIPTIVE REQUIREMENTS FOR INDOOR LIGHTING SECTION 140.7 - REQUIREMENTS FOR OUTDOOR LIGHTING 12 SECTION 140.8 - REQUIREMENTS FOR SIGNS 216 SECTION 140.9 - PRESCRIPTIVE REQUIREMENTS FOR COVERED PROCESSES. 217 SUBCHAPTER 6 NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, AND HOTEL/MOTEL OCCUPANCIES— ADDITIONS, ALTERATIONS, AND REPAIRS 221 SECTION 141.0 - ADDITIONS, ALTERATIONS, AND REPAIRS TO EXISTING NONRESIDENTIAL, HIGH- RISE RESIDENTIAL, AND HOTEL/MOTEL BUILDINGS, TO EXISTING OUTDOOR LIGHTING, AND TO INTERNALLY AND EXTERNALLY ILLUMINATED SIGNG.... 221 SECTION 141.1 - REQUIREMENTS FOR COVERED PROCESSES IN ADDITIONS, ALTERATIONS TO EXISTING NONRESIDENTIAL, HIGH-RISE RESIDENTIAL, AND HOTEL/MOTEL BUILDINGS. 232 SUBCHAPTER 7 LOW-RISE RESIDENTIAL BUILDINGS - MANDATORY FEATURES AND DEVICES 233 SECTION 150.0 - MANDATORY FEATURES AND DEVICES. 233 SUBCHAPTER 8 LOW-RISE RESIDENTIAL BUILDINGS - PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES 247 SECTION 150.1 - PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR LOW-RISE RESIDENTIAL BUILDINGS.. 247 SUBCHAPTER 9 LOW-RISE RESIDENTIAL BUILDINGS - ADDITIONS AND ALTERATIONS TO EXISTING LOW-RISE RESIDENTIAL BUILDINGS 259 SECTION 150.2 - ENERGY EFFICIENCY STANDARDS FOR ADDITIONS AND ALTERATIONS TO EXISTING LOW-RISE RESIDENTIAL BUILDINGS 259 CALIFORNIA MECHANICAL CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 4 CHAPTER6, DUCT SYSTEMS 267 APPENDIX 1-A STANDARDS AND DOCUMENTS REFERENCED IN THE ENERGY EFFICIENCY REGULATIONS. 269 Table of Contents 2016 Building Energy Efficiency Standards Page 55 CODES, CMC is the 2013 Califomia Mechanical Code. CODES, CPC is the 2013 Califomia Plumbing Code. COEFFICIENT OF PERFORMANCE (COP), COOLING, is the ratio of the rate of net heat removal to the rate of total energy input, calculated under designated operating conditions and expressedin consistent units, as determined using the applicable test method in the Appliance Efficiency Regulations or Section 110.2. COEFFICIENT OF PERFORMANCE (COP), HEATING, is the ratio of the rate of net heat output to the rate of total energy input, calculated under designated operating conditions and expressed in consistent units, as determined using the applicable test method in the Appliance Efficiency Regulations or Section 110.2. COEFFICIENT OF PERFORMANCE (COP), HEAT PUMP is the ratio of the rate of useful heat output delivered by the complete heat pump unit (exclusive of supplementary heating) to the corresponding rate of energy input, in consistent units and as determined using the applicable test method in Appliance Efficiency Regulations or Section 110.2. COMBUSTION AIR POSITIVE SHUT-OFF is a means of restricting air flow through a boiler combustion chamber during standby periods, used to reduce standby heat loss. A flue damper and a vent damper are two examples of combustion air positive shut-off devices. COMBUSTION EFFICIENCY isa measure of the percentage of heat from the combustion of gas or oil that is ‘transferred to the medium being heated or lost as jacket loss. COMMERCIAL BOILER isatype of boiler with a capacity (rated maximum input) of 300,000 Btus per hour (Btu/h) or more and serving a space heating or water heating load in a commercial building. COMMISSION is the Califomia State Energy Resources Conservation and Development Commission. COMPLEX MECHANICAL SYSTEMS: are systems that include 1) fan systems each serving multiple thermostatically controlled zones; or 2) built-up air handler systems (non-unitary or non-packaged HVAC equipment); or 3) hydronic or steam heating systems; or 4) hydronic cooling Complex systems are NOT the following: (a) unitary or packaged equipment listed in Tables 110.2-A, 110.2-B, 110.2-C, and 110.2-E that each serve one zone, or (b) two-pipe, heating only systems serving one or more zones. COMPLIANCE SOFTWARE is software that has been approved pursuant to Section 10-109 of Part 1 of Title24 of the Califomia Code of Regulations, to demonstrate compliance with the performance approachof Part 6. COMPRESSED AIR SYSTEM isasystem of at least one compressor providing compressed air at 40 psig or higher. COMPUTER ROOM isarcomwithina building whose pri function is to house electronic equipment and that has a design equipment power density exceeding 20 eek (215 watts/n) of conditioned floor area. CONDENSER SPECIFIC EFFICIENCY is the full load condenser Total Heat of Rejection (THR) capacity at standardized conditions divided by the fan input electric power (including but not limitedto spray pump electric input power for evaporative condensers) at 100 percent rated fan speed. CONDITIONED FLOOR AREA (CFA) is the floor area (in square feet) of enclosed conditioned space on all floors of a building, as measured at the floor level of the exterior surfaces of exterior walls enclosing the conditioned space. CONDITIONED SPACE is space in a building thatis either directly conditioned or indirectly conditioned. CONDITIONED SPACE, DIRECTLY isan enclosed space that is provided with wood heating, is provided with mechanical heating that has a capacity exceeding 10 Btu/hr-ft, or is providedwith mechanical cooling that has a ity exceeding 5 Btu/hr-ft?, unless the space-conditioning systemis designed for process space or process load. (See “process load” and “process space.”) CONDITIONED SPACE, INDIRECTLY is enclosed space, including, but not limitedto, unconditioned volume inatzia, that (1) is not directly conditioned space; and (2) either (a) has a thermal transmittance area product (UA) to directly conditioned space exceeding that to the outdoors or to unconditioned space and does not have fixed vents or openings to the outdoors or to unconditioned space, or (b) is a space through which air from directly conditioned spaces is transferred at a rate exceeding three air changes per hour. CONDITIONED VOLUME is the total volume (in cubic feet) of the conditioned space within a building. SECTION 100.1 - DEFINITIONS AND RULES OF CONSTRUCTION Page 62 2016 Building Energy Efficiency Standards FLOOR/SOFFIT TY PE isa type of floor/soffit assembly having a specific heat capacity, framing type, and U- factor. FLUID COOLER isa fan-powered heat rejection device that includes a water or glycol circuit connected by a Closed circulation loop to a liquid-cooled refrigerant condenser, and may be either evaporative-cooled, air-cooled, or acombination of the two. FLUX is the rate of energy flow per unit area. FOOD PREPARATION EQUIPMENT is cooking equipment intended for commercial use, including coffee machines, espresso coffee makers, conductive cookers, food warmers including heated food servers, fryers, griddles, mut warmers, ovens, popcom makers, steam kettles, ranges, and cooking appliances for use in commercial kitchens, restaurants, or other business establishments where food is dispensed. FREEZER isa space designed to be capable of operation at less than 28°F. GAS COOLING EQUIPMENT is cooling equipment that produces chilled water or cold air using natural gasor liquefied petroleum gas as the primary energy source. GAS HEATING SYSTEM is asystem that uses natural gas or liquefied petroleum gas as a fuel to heat a Conditioned space. GAS LOG isaself-contained, free-standing, open-flame, gas-buming appliance consisting of a metal frame or base supporting simulated logs, and designed for installation only in a vented fireplace. GLAZING (See “fenestration product”) GLOBAL WARMING POTENTIAL (GWP) is the radiative forcing impact of one mass-based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide overa given period of time. GLOBAL WARMING POTENTIAL VALUE (GWP Value) is the 100-year GWP value published by the Intergovemmental Panel on Climate Change (IPCC) in either its Second Assessment Report (SAR) (IPCC, 1995), or its Fourth Assessment A-3 Report (AR4) (IPCC, 2007). Both the 1995 IPCC SAR values and the 2007 IPCC AR4 values are published in table 2.14 of the 2007 IPCC AR4. The SAR GWP values are foundin column “SAR (100- )” of Table 2.14.; the AR4 GWP values are found in column “100 yr” of Table 2.14.” GOVERNMENTAL AGENCY is any public agency or subdivision thereof, including, but not limitedto, any agency of the state, a county, a city, a district, an association of govemments, or a joint power agency. GROSS EXTERIOR ROOF AREA is the sum of the skylight area and the exterior roof/ceiling area. GROSS EXTERIOR WALL AREA is the sum of the window area, door area, and exterior wall area. HABITABLE SPACE is space ina building for living, sleeping, eating or cooking. Bathrooms, toilets, hallways, storage areas, closets, or utility rooms and similar areas are not considered habitable spaces. HABITABLE STORY isastory that contains space in which humans may work or live in reasonable comfort, and that has at least 50 percent of its volume above grade. HEAT CAPACITY (HC) orthenmal capacity, is the measurable physical quantity that characterizes the amount of heat required to change a substance's temperature by a given amount. HEAT PUMP isan appliance, that consists of one or more assemblies; that uses an indoor conditioning coil, a compressor, and arefrigerant-to-outdoor air heat exchanger to provide air heating; and that may also provide air cooling, dehumidifying, humidifying, circulating, or air cleaning. HEATED SLAB FLOOR is aconcrete floor either, on-grade, raised, ora lightweight concrete slab topping. Heating is provided by a system placed within or under the slab, andis sometimes referred to as a radiant slab floor. HEATING EQUIPMENT is equipment used to provide mechanical heating for a room or rooms in a building. HEATING SEASONAL PERFORMANCE FACTOR (HSPF) is the total heating output of a central air conditioning heat pump (in Btu) during its normal use period for heating dividedby the total electrical energy input (in watt-hours) duringthe same period, as determined using the applicable test method in the Appliance Efficiency Regulations. HI is the Hydronics Institute of the Gas Appliance Manufacturers Association (GAMA). SECTION 100.1 - DEFINITIONS AND RULES OF CONSTRUCTION PROOF OF SERVICE Tam and was at the time of service of the herein named documents, employed in the County of Sonoma, California, over the age of 18 years and not a party to the within action. My business address is 575 Administration Dr., Rm. 105A, Santa Rosa, California 95403. On January 29, 2024, I served the following documents: OBJECTION TO PLAINTIFF’S CLOSING BRIEF on the parties in this action by placing true copies thereof enclosed in envelopes (if applicable), at Santa Rosa, addressed as follows: Frear Stephen Schmid John Borba Astrid Schmid Borba Frizzell Kerns, P.C. 10 50 Old Courthouse Sq. Ste.605 7585 Valley Ford Road Santa Rosa, CA 95404 Petaluma, CA 94952 11 john@bfklegal.com frearschmid@aol.com jacqueline@bfklegal.com 12 Plaintiffs, Pro Se 13 Attorneys for Defendant Two Rock Volunteer Fire Department 14 J. Curtis Edmondson 15 Law Officeds of J. Curtis Edmondson 9999 SW Wilshire Street, #216 16 Portland, OR 97225 17 jcedmondson@edmolaw.com 18 Attorney for Plaintiffs 19 ] BY MAIL. [am readily familiar with my employer’s practice of collection and 20 processing correspondence for mailing. Under that practice, I placed each such sealed envelope, with postage thereon fully prepaid for first-class mail, for 21 collection and mailing at Santa Rosa, California, to the addresses as set forth 22 above, following ordinary business practices. Said practice being that in the ordinary course of business, correspondence is deposited in the United States 23 Postal Service the same day as it is placed for processing. 24 0] BY PERSONAL SERVICE. I caused each such document to be delivered by 25 hand to the address(es) listed above. 26 0] BY FACSIMILE TRANSMISSION. I caused such documents to be transmitted to the facsimile number of the addressee listed above, by use of facsimile machine 27 telephone number. The facsimile machine complied with California Rules of 28 Court, Rule 2004 and no error was reported by the machine. Pursuant to Proof of Service California Rules of Court, Rule 2006(d), a transmission record of the transmission was printed. [xX] BY EMAIL SERVICE. I caused such document(s) to be emailed or electronically transmitted between the parties and/or as a courtesy, I sent the document(s) to the person(s) at the email address(es) listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful 0] BY OVERNIGHT DELIVERY SERVICE. I caused such envelope to be delivered by overnight courier service to the addressee at the address set forth above. The envelope was deposited in or with a facility regularly maintained by the overnight delivery service with delivery fees paid [Xx] (State) I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct. 11 Executed on January 29, 2024, at Santa Rosa, California. 12 Wagan Swverler. 13 Megan Yveeley 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Proof of Service