HomeMy WebLinkAboutMINUTES - 09221998 - C29 Contra
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TO: BOARD OF SUPERVISORS costaCou my
FROM: CARLOS BALTODANO, DIRECTOR
BUILDING INSPECTION DEPARTMENT
DATE: September 22,1998
SUBJECT: ORDINANCE REGARDING PERMITS FOR OIL REFINERIES AND CHEMICAL
PLANTS
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT the Ordinance regarding Building Permits for Oil Refineries and Chemical Plants.
FISCAL IMPACT
None to the general fund. Increased cost will be offset by permit fees.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On September 15, 1998 the Board of Supervisors introduced, waived reading, and set September
22, 1998 for adoption of an ordinance regarding Building and Related Permits for Oil Refineries
and Chemical Plants.
The attached ordinance has been discussed with representatives of industry over the last several
months, and industry concerns have been considered and addressed. While representatives are
not without reservations on the impact of the ordinance, staff believes that there will be value
added to both industry and the residents of this County by the Building Inspection Department's
oversight of industrial projects.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION!OF BOARD ON_Sep taetntasr 22. 1998 APPROVED AS RECOMMENDED r
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X .UNANIMOUS(ABSENT None ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Carlos Baltodano(9251335-1108)
ATTESTED:
cc: County Administrator Phil Batchelor, Cleik of the Board of Supervisors
County Counsel and County Administrator
Community Development
BY
CB:nr .DEPUTY
Ibdordirefin9-22.ord
September 22, 1998
Ordinance Regarding Permits for Oil Refineries and Chemical Plants
Page Two
As a precaution notice of this meeting has been published pursuant to Health and Safety Code
Section 25405.
Historically, the County Building Inspection Department has not issued permits for or inspected work
at oil refineries and chemical plants because since 1962 the County's Ordinance Code has contained
an industrial security exemption to the County's building regulations in Title 7.
The attached ordinance deletes the industrial security provision and providesfor:
1. Annual building, grading and electrical permits for minor work such as foundations less than 5 feet
deep and structural steel supporting equipment less than ten thousand pounds.
2. Annual electrical maintenance permits for repair, reconstruction, replacement, and relocation of
existing electrical equipment and installations.
3. An exemption for installations and relocations of low-voltage equipment (110 volts or less), which
is not considered a life-safety concern, and for electrical maintenance work limited to in-kind
replacement of equipment.
4. Regular permits will be required for all new building, grading, electrical, plumbing and mechanical
work not covered in an annual permit.
5. In progress inspections will be required for all new construction permits as it is for any new work in
the County.
6. For work done under annual permits, quarterly inspection will be conducted by the Building
Inspection Department. In addition, the facility is required to produce quarterly reports listing all
work done under any permit, and must address all concerns raised by the Building Inspection
Department
7. In addition to quarterly inspections, periodic inspections may be conducted at the Building
Director's discretion.
8. An operative date of January 1, 1999 to allow time for adequate planning for upcoming projects.
9. Imposition of fees by the Board.
In addition, staff has reviewed the affectability of the California Environmental'Quality Act (CEQA) and
has determined that the adoption of the ordinance is exempt from CEQA under Section 15308 of the
State CEQA guidelines.
15308. Actions by Regulatory Agencies for Protection of the Environment.
Class 8 consists of actions taken by regulatory agencies, as authorized by state or local
ordinance, to assure maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for protection of the
environment. Construction activities and relaxation of standards allowing environmental
degradation are not included in this exemption.
Adoption of the proposed ordinance is an action taken by the County as a regulatory agency. The
review and approval of annual and regular building permits will protect the public health, safety and
welfare and thereby, the environment. No construction activities or relaxation of standards allowing
environmental degradation could result from adoption of the ordinance. On the contrary, construction
activities will be subjected to a heightened level of public agency review and approval.
If the ordinance is adopted as proposed, staff will file a Notice of Exemption'with the County Clerk,
pursuant to CEQA.
ORDINANCE NO. 98- 39
(Building and Related Permits for Oil Refineries and Chemical Plants)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the enacted or amended provisions of the County Ordinance Code):
SECTION I. SIJ1V[IVIARY. This ordinance amends Title 7 of the County Ordinance Code, to
repeal the industrial security exception to the requirement to submit plans and specifications,and
to add Chapter 72-5, on building and related permits for oil refineries and chemical plants,as
specified.
SECTION II. Section 72-4.008 of the County Ordinance Code is amended to read:
724.008 Building Regulations. This title shall also apply to alterations of any building
or structure which affect the structural strength,fire hazard,exits, lighting or sanitary condition
of any building or structure. This title does not apply to ordinary nonstructural changes or minor
repairs or alterations necessary for the maintenance of any building or structure. Subject to the
requirements of Chapter 72-5,this title does not apply to mechanical or process equipment used
in manufacturing.
Subject to the requirements of Chapter 72-5, construction or work otherwise subject to
this title,done under the continuous supervision of any employee or agent of the applicant who
shall also be either an engineer or architect certified or licensed in the state or a qualified person
familiar with construction code requirements, may be performed if approved by the director of
building inspection,without filing precise plans therefor,but pursuant to a general application
sufficient in detail to show compliance with other applicable ordinances or regulations. Such
applicant shall be required to maintain appropriate records and notify the director of building
inspection of such work,and the director of building inspection shall make periodic inspections
of the records and the work to ensure compliance with code requirements. The director of
building inspection may refuse the exemption herein provided and require full compliance with
regular building permit and inspection procedures if he finds that such person is not qualified to
determine compliance with code requirements,or if the work as performed does not in fact meet
code requirements.
(Ords. 98-39, § 2; 67-70; 1631: prior code §7101(d): Ord 1372.)
SECTION M. Section 72-44.010 of the County Ordinance Code is repealed.
SECTION IV. Chapter 72-5 is added to the County Ordinance Code, to read:
Chapter 72-5
jI
APPLICATION TO OIL REFINERIES AND CHEMICAL PLANTS
72-5.002 Annual Building,Grading and Electrical Permit. (a)Annual building,
grading and electrical permits may be issued for construction, grading and electrical work at oil
refineries and chemical plants pursuant to this section.
(b)Application,scope. Annual building, grading and electrical permit applications shall
be submitted on forms and in such detail as required by the director of building inspection.
Annual building, grading and electrical permits may be issued for periods not,to exceed twelve
months,covering work identified in the permit to be done within the permit period,that meets
the following qualifications.
(1)Foundations less than five(5)feet deep.
(2) Structural steel supporting equipment less than 10,000 lbs.
(3)Utility line trench excavations less than six(b) feet deep and excavations for
lines less than 36" in diameter for routine maintenance,repair and/or replacement of
existing piping including piping for water(potable,raw,processing, fire), sewage,
wastewater, electrical and storm drainage facilities.
(4)Individual grading projects (fill and/or excavation)for routine work within the
refinery or chemical plant site on trenches,dikes,roadways,parking or storage areas that
comply with all the following:
(A) Cuts and fills are no greater than 4 feet.
(B) Graded material does not exceed 1,000 cubic yards.
(C)Existing and new slopes are no steeper than 5:1 (except
repair/maintenance of existing dikes).
(D)No work takes place within any drainage course,wetland,or
environmentally sensitive area.
(E)Work complies with NPDES and the County's Clean Water
Programs.
(5)Electrical work associated with work covered by a permit issued pursuant to
this section.
ORD. 98- 39
Page 2
(c) Excluded work. An annual permit may not cover any of the following.
(1)Construction of, or major modifications to,a building.
(2) Foundations five (5) feet or deeper.
(3) Structural steel supporting equipment 10,000 lbs. or heavier.
(4)Utility line trench excavations six (6) feet or deeper.
(d)Amendments. Annual building, grading and electrical permits may be amended
from time to time upon application to,and approval of, the director of building inspection. Work
covered by such amendments are subject to the provisions of section 72-5.010.
(Ord. 98-39, §4•)
72-5.004 Permits. Subject to the provisions of section 724.008,building,grading,
mechanical,plumbing and electrical permits are required for new construction work not covered
by an annual building,grading and electrical permit issued pursuant to section 72-5.002.
(Ord. 98-.39, §4.)
72-5.006 Low Voltage,Replacement in Kind. This title does not apply to installations
and relocation of existing electrical equipment of 110 volts or less,or to electrical maintenance
work limited to replacement of equipment in kind or with functionally equivalent components.
(Ord. 98-_,ig, §4.)
72-5.008 Annual Electrical Maintenance Permit. (a) Subject to section 72-5.006,
annual electrical maintenance permits may be issued for maintenance,repair,reconstruction,
replacement, and relocation of existing electrical equipment and installations pursuant to this
section.
(b)Application,scope. Annual electrical maintenance permit applications shall be
submitted on forms and in such detail as required by the director of building inspection. Annual
electrical maintenance permits may be issued for periods not to exceed twelve months, covering
work identified in the permit to be done during the permit period.
(c)Records,accessibility. The permittee shall maintain records of the work done
pursuant to an annual electrical maintenance permit, including location,cost,date,and such
other detail as may be required by the director of building inspection in writing to the permittee.
All work done pursuant to an annual electrical maintenance permit shall remain readily
accessible and visible for inspection.
(d)Amendments. Annual electrical maintenance permits may be amended from time to
time upon application to and approval of the director of building inspection. Work covered by
such amendments are subject to the provisions of section 72-5.010.
(Ord. 98-.39, §4.)
ORD. 98- 39
Page 3
72-5.010 Contact, Inspection and Reporting. (a)Application. Any oil refinery or
chemical plant that has been issued an annual building, grading and electrical permit pursuant to
section 72-5.002,or an annual electrical maintenance permit pursuant to section 72-5.008, shall
comply with the requirements of this section.
(b)Contact. The director of building inspection and the oil refinery or chemical plant
shall each designate a single individual as the liaison to the other organizationfor all matters
pertaining to permits and inspections. The designation may be changed from time to time upon
written notice to the other.
(c) Quarterly inspection. An inspection/tour will be given to the director of building
inspection on a quarterly basis,at a time reasonably designated by the director. During the
inspection/tour, the director of building inspection shall be given the opportunity to inspect all
work done pursuant to annual building and grading, annual electrical maintenance, and/or other
permits during the previous quarter.
(d)Additional inspections. In addition to quarterly inspections pursuant to subdivision
(c)of this section,periodic facility inspections shall also be conducted by the director of building
inspection. Based upon the findings of the director of building inspection during the quarterly
and other inspections,the director of building inspection may require that the permittee engage
an approved inspection or quality control agency to review/inspect specific technical issues
relating to construction being performed.
(e) Reports. Quarterly reports shall be prepared and submitted to the(director of building
inspection. The report shall include a listing of work performed during the quarter under all
permits,including annual building and grading and/or electrical permits. The report shall also
address all concerns raised by the director of building inspection during the previous quarterly
inspection, and any other concern raised by the director and not addressed in any previous
quarterly report.
(Ord. 98- , §4.)
SECTION V. FEES. The Board may from time to time,by ordinance or resolution, establish
and/or amend fees to be paid by oil refineries and chemical plants for permits issued pursuant to
chapter 72-5.
SECTION VI. SEVERABILITY. This ordinance shall be liberally construed to achieve its
purposes and preserve its validity. If any provision or clause of this ordinance or application
thereof to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of this 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 and are intended to have independent validity.
SEC'T`ION VIL PREEMPTION. Nothing in this ordinance is intended, and should not be
ORD. 983
Page 4�
S
deemed, to excuse or prevent compliance with any State or federal law. If any provision of this
ordinance is found by a court of competent jurisdiction to be preempted by any applicable State
or federal law, the Board of Supervisors declares that its intent is for such provision to be
severable from the remainder of the ordinance,and the remainder of the ordinance is to be given
effect in accordance with the provisions of Section VVI of this ordinance.
SECTION VIII. OPERATIVE DATE. This ordinance becomes operative on and does not
apply to construction commenced before January 1, 1999.
SECTION IX. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within I5 days after passage shall be published once with the names of the Supervisors
voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County.
PASSED on��eptember�22, 1928 ,by the following vote.
AYES. Supervisors Uilkema, Gerber, DeSaulnier, Canciamill.a, and Rogers
NOES: Nene
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR,
Clerk of the Board of Supervisors
and County Administrator
Deputy Board Oair
[SEAL]
H:\LFUJI\ iI5C\BLDNO7OPDsti81448.WPD
ORD. 98-39
Page 5
PROOF OF PUBLICATION .
(2015.5 C.C.P.)
far �f �rin «a
STATE OF CAI.IFORNiA rho, Contra coats County
County of Contra Costa Board Of
I am a citizen of the United States and a resident of the snactecl or amens provi-
County aforesaid; # am over the ale of eighteen years, rant»
and not a party to or interested in the above-entitled 1.
matter, Inwof" ��tdtna
# stn the Principal Legal Clerk of the Contra Costa Times, �to"re-
a newspaper of general circulation, printed and published to submit pts
at 2640 Shadelands Drive in the City of Walnut Creek, and tions, and to
an bulld-
County of Contra Costa, 94598. ars req
ratlnerles and o"Mical
And which newspaper has been adjudged a newspaper of plants,as specttlod.
general circulation by the Superior Court of the County of e,
Contra Costa, State of California, under the date of 72-4=8 of ft
October 22, 1934. Case Number 19764. ty Ordinance Code Is
72==kV Ragtda-
The notice,of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in Moat/afhct ti
each regular and entire issue of said newspaper and not structural th,fire hes-
in any supplement thereof on the following dates,to-wit: ard, or annitary
bul or
Structurenot
rite f 30 oronary t
all in the year of 1398 v* maintenancea
structure
�_
I certify (or declare) under penalty of perjury that the tar 72-5 ttrfa dos root
foregoing is true and correct. ow used or In!
Executed at Walnut Creek,California.
On this 30 day of September, 1838 of to
or
0 to
d"underoon�
..... ,...'... ..... ttntsaua of any
Stgnature or ap Mt of the spy e�*h=COM bg
who ahir"W. ei- permit issued puissant is thta
Contra Costa Times o an*rkolnser or arch
oartl w a In 11te (C)Excludedwork.An anmuat
P O Box 4147 sato Cr a person fa- It may not cover any of
Walnut Creek, CA 94596 MAWrs a�rarrteryaa paw',. (1)Constr"uuc tof,ormaior
1610) 935-2525 MUMd tt epprowi by tM dl. rr kcatbns to,a butdinp.
»cxx or bum Inspeatlo*s, ......�.�..�.w {2 �i3ara i9ve l't)feet
Proof of Publication of: wit prod" pians 'arxipa'Arnuat °r
a+rrsks*,but pursuant m a fng��and eieC111 t3)� rat steer au
(attached is a copy of the legal advertisement that as>fttnt �Ca11onaardpment 10,000�or
published) �P ils show 'OWMI be Won tants and in .
with ofte apwAble such detall ass �inay 0" V=,. lr one trortch exCa-
#8r' iaLkina. h dW*CW Of alx(a)teat or Cielrper.
rsM}uired to tion,"Al"taln opproorlots records and �bKrdWnCp rrrrffta MdkV td) Am Monts.
and etsctrt
and no* to director of be Issued for periods not to Cal maybe amended
bum WAppotion of such axaaed twelve sq cow from alma to tune upon a�ot6
work and 1110 ovector of erf+V .1k tdsnttn�In the cation to and approval of j
bul", , Inspection aha" tin ao be dons within the the d#nacior of buiktirq tar'I
make prftcdto tigtu Of �PsriC#'that"veto the spection. work Covaead by
the rscdrds arxt Mon' qutdlhoatione: such arnendmento ars sub-
arm"�wtttY coda (i) triune teas than laCt�the provisions of aeC
'00�ry�CO W of (2} L1�tch+ p tion 72-8.010. (Ord.) 98-29,
pbu tri rat atasi$uppaxt- Section 4.)
1 ro t€rs �aempttt"r ran 1 tsar tnsrs
provtdrd aU1d rsqulnp fu" 1 72-5.004 t'arrnI Subset to
fence with regular tine trench exoa- Sura Ions f seater 72-
pwmtt thsat six(a)feat 4.t1�buBd"rg rsdin .me-
ibn and
surd ex3Cfa�va11aru iCrf chantcat,piu o and sloe-
bad subh parson M not quell. V maintarann now a� t nwe required ot.
Wft ° ,� pas' anxilor qm�t pct covered b an eraser twtks-1
the work as arose ung p�nii �rod and olactricai i
not in toot mast uoda re- ing for water 1poteble, raw, perrn hewed urauant to
rqutrertutrts.tOtda. 98-39 proCa�no, ANO), sows" section 72-5.6 (Ord.
8acsdora 2,e7-70'1 am;p w waaterwatsr, aloctrlcat ar W32 section 4�)
Coda Ssadorr Tlfl1(d): Ord, attnrrn drainage Aaclii3pp. 72-5.51% Low Vol T , �6
1372.) (4) gixding piroement to Kind.
fowls pN� don not apply to inatatlatiofnss
Asa routitw work Within this re- of da710
714 G10. of the + plant atM
aquiprrr
t7rronance Coto in re- an . dliaas, road voids or kaa,or to electrical
p rW rclr r ar Me terumwork"t
ce oad to
oorrr �i & rsptawa W,Iam,6uipmern�taiinr
t
72-5 is added to o a4uhv"t CamponanGIO M�.
rCOW
ftdOrtilnenco Code, to t Is ars no 68&39,Section 4).
7tt»a { 1 Graded material does 72•6.W$ Annual Moctrtcai
OIL Mnot
yasao00 1,000 c Maintenance PGM*A..�t�q sub-
ifit t{ {�) Exleono
>.nd new
nual air 4"at 7maintenance
atapos am no atesper than persrsldtmay be laauad for
72-5.002 Annual Bultding, 8:1 (except reps leftainte- rnaMtonars repair, recon-
nor"Of 0"ting dikes). stnoctlon, neat ment and
lD)No work tatkea t natocaVon of sariatir arCtfl-
A
and ais tstsEttwittyln+ any dratirags course, oat equipment and lnstatta-
bs Ynusfarotxvttruo- we"'14, or tions pursuant to V"sister.
O asrr�lCv�ai area,_ w+Mi�ht (b3 fico scope.Annual
tsarWcatpiata»
Purre"'bs
�watw t rarr my mMod s on torn a sub-
an
such
lilor mend
to"to ��
erift Asued to
forNOWUTY.
This="I be wwe
oilypurpoon��RD
'ori orr
appmaw10 27
Invor ma.alid,
skxxf4.
at not M-t c rbtff53�M.
sflraeordinance loh can
++d ief
vision or appl and w
tht and tent of this
oMtrnamoOl are de cfennsd to be
Severable sand am intended
to have independent vdklity.
dew
rector I
na^ Nof tnq In thW ordtnanoe Gt
ttnr path noto eurOpd (c) r� ir>•Peotorn An lnterWed,and should not be
twelLs mor+ttt. r vatic toniton>r moat be I. deemed, m esxuse or pre
permit!Ct be �dlrs r of builds wrtrtt a wtt Y
RL"94'""P—It P.0- as sc ot:on a Quartb+lY dinau ce tit
Hated tab tor.d =e art o e pr-
t�srreyttp Ytklxnn bet pus^
�cPM andf n ra Cie etas r bieUer f t tnee
oords of the waft done pe - be gMnn theme opportunity to $ensu d of gupsrvfinorS de-
stuant to an annual all work dons panus cieree that tits intent , for
mWnteine nt f +t� on annual bulldirsp and
Incl foosftlr awn citta,and gradien9, annum alsoAicr3 sWe�rerrto�ndar of
such other dsWf as may be m tv+ddor other
requlrsd tragi the director of parmfilr�nq Ste prevkius the ordwance, and the re-
bultdfnG kt wtitl s� quartor. "alnder of the aM t&M*Is
to tis ttee. At work to be gMn effect in SOW
donna ptxeux+st to an annual (d)Additional knspectona.in �'akih tfNr provho et of
sNiCt1C11 iS1 iIYIst it W don to Vf Gf tante ofdfnanC0.
Mk sholt remain neadi�r Sc- tones to subd
and visible for in- {o ai�esetian, h_ 9tOk 1dgi. flPtkfiVS
(N r #ca3 rrtsfenUeruniCe nnual build IYepef WA. gated to Construcction coand mnnenc
pe upon ftsdinwge of Ow di-mft tnefors January t,1999,
wnene may
tiri»sup n r tips{ tion s q bulkww of 'Ta
tether
to tora lira I 9 t dt N tX liaFEt^i1Vt
VYexk eoversd by such quire tk psntnhtsa an- This ordinance osteomas s>t
amendments am ou to g W an approved inspoobon I factas 30 d aR+x per
ate 72- efr quality oonlrot to ,end wtMn t9 days af-
S.OS { 96 39, rl0otitsrs rev3ewArwpecf apeo to
ter passage ahitt# LW
B.) to o m-( published once wftt the
otnictcwn being performled. J# narnnauo off the Supervisors
772-5. i i r{1rSM C087A s
ton.Any of or chomf- (e vtMVpw published in INS
,nal plant that has been Is- noted to dbeotor of
pysd an annual ts„il�np bulk*g Inspwllon. The re-
WudkV and eisoftaf perm part etkali induda a Kong of P ED on Septambor 22,
Pursuant to$sown 72-5.002, wank parhxmad Itarltti txs i " loam vats.
or on annual efecafcaf mains- undo Tent AYORtonarlobOrt�e: up)(Or,
7 Y108 srsW1 �an W # cdrrnifli,end ���� den-
Vd�vy with the requksmenta of n .l�report.shall alao ad-
.Section, &0"all oonsseme mww bythe directortVT:Normo
Contact The dUeetor of tqn noof � WAIN:None=f Inspection and the oil gwviady Inspeoton,aux#any ATTEST;PHIL BATCHELOR,
of to sty sof supom-
end addressed�ln � -
etthsrargarMmilsorss met- (G7rr1.*VBC. e t
tete pw�sinln�tic?permits and y Maurnan ft*MA 85,
ktMpaCtl c 7tss flout M V. Irorm tlma to Am Hoard Cltslr
oth w �to mss,by or r>arofu
Sh mbar 30,t