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HomeMy WebLinkAboutMINUTES - 07202004 - SD.5 Contra Costa TO: BOARD OF SUPERVISORS - County FROM: CARLOS BALTODANO, DIRECTOR ` BUILDING INSPECTION DEPARTMENT DATE: July 13, 2004 SUBJECT: ORDINANCE REQUIRING GAS SHUT-OFF DEVICES AT GAS APPLIANCE IN CERTAIN NEW CONSTRUCTION AND ALTERATIONS TO BUILDINGS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. OPEN the public hearing on Ordinance No. 2004-27 requiring gas shut-off devices at gas appliances in certain new construction and remodeling of structures in the unincorporated area, RECEIVE testimony, and CLOSE the hearing. 2. ADOPT Ordinance No. 2004-27 and ADOPT findings of local conditions to justify construction standards stricter than those imposed by Health and Safety Code section 19180 et seq. 3. FIND that adoption of the ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3). 4. DIRECT staff to file a Notice of Exemption with the County Clerk. k. CONTINUED ON ATTACHMENT: X YES SIGNATURE 7COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT10 UF BOARD COMMITTEE --'APPROVE,---, OTHER SIGNATURE(S): ` r ACTION OF BO t D/014 J 90 ,k=Z APPROVED AS RECOMMENDED 'k OTHER C' APPROVED tt! recommendations; and DIRECTED that the Building Inspection Department return to the Board for a discussion regarding inclusion of the gas shut-off device requirement at the time of resale of structures. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE /< _UNANIMOUS(ABSENT 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(9281335-1108) " 3 ATTESTED: wt's „✓ � �� cc: County Administrator John Sweet" , Ierk ofa Board of supervisors County Counsel and County Administrator Building Inspection Community Development BY " EPUTY CB:nr \bdord\Cartos\Gas Valves\Board Order 07/13/04 FISCAL IMPACT Mone. BACKGROUNDIREASONS FOR RECOMMENDATIONS On June 22, 2004 the Board of Supervisors introduced Ordinance No. 2004-27 requiring gas shut-off devices at gas appliances in certain new construction and remodeling of structures in the unincorporated area, waived reading, fixed July 13, 2004 at 9:30 a.m. for public hearing to consider adoption of the ordinance and adoption of findings of local conditions to justify construction standards stricter than these imposed by Health and Safety Code section 19180 et seq, and directed the Clerk of the Board to publish notice of the hearing pursuant to Government Code section 6066. On March 21, 2000 the Board of Supervisors adopted Ordinance NO. 2000-11 which requires gas shut-off devices at gas utility meters. The ordinance allows the homeowner or developer to choose from two different types of devices that are on the market. One is known as the "seismic gas shut off device" or Earthquake Gas Shut-Off Valve (EQGSV). This device shuts off the gas at the meter when activated by a seismic event of 5.1 or greater on the Richter scale. The other type of device, know as a low pressure Excess Flow Valve (EXFV) controls and shuts off the flow of gas into all the pipes in the house in the event of a pipe break on any gas pipe in the structure. These valves provide twenty- four hour protection and automatically reset after a gas line has been repaired. Both of these valves are designed to be installed between the gas meter and the gas entering into the structure. Excess flow valves are also designed to be installed at the point of the appliance. On February 9, 2002, an explosion occurred at the Park Regency apartment complex in the unincorporated area of Walnut Creek. The explosion injured two people and damaged 13 apartment units as a result of a natural gas leak in the kitchen. On February 12, 2002, the Board of Supervisors directed the Director of the Building Inspection Department to explore the possibility of amending the existing Gas Shut-Off Devices Ordinance to require excess flow valves at each appliance. Natural gas explosions in apartments or homes are not unusual occurrences. A Housing and Urban Development(HUD) report in October 2001 states that on average 400 homes per year are destroyed due to natural gas explosions and fires. The National Fire Protection Agency, in its "U.S. Nome Report— 1993-1997"determined that natural gas accounts for an annual average of 5,700 home fires, including 385 casualties, and up to $50 million in property damage. It is estimated that natural gas is used by at least 80% of the California population, especially in urban areas. If we add the additional fact that the United States Geological Society (USGS) predicts a 70% chance of at least one earthquake of 6.7 or greater in the Bay Area before 2030, then the issue of potential explosions caused by disconnected or broken gas lines becomes an even greater problem. Adopt Ordinance 2004-27(Ref 2000-11) 2 July 13,2004 Under Ordinance 2000-11, the County requires the use of an earthquake valve, or an excess flow valve outside the house, at the meter. An excess flow valve used at the meter, is triggered only after 300,000 British Thermal Units (BTUs) flow through all the lines. It is quite possible that there could be a leak at a particular appliance, (i.e., water heater, furnace, stove), and it would not trigger the excess flow valve at the meter for quite some time, until the threshold is surpassed. For example, some gas stoves use 35,000 BTUs and hour while water heaters can use 45,000 BTUs. Excess Flow Gas Shut-Off devices installed at the point of the appliance stop the flow of gas when it exceeds the design flow limits, doing much the same for gas service lines that circuit breakers do for electric lines. When there is a leak at the appliance, it would be shut off at that point rather than shut off at a higher threshold of gas leakage at the meter. To reduce the risk of explosions, the Building Inspection Department recommends adopting the attached ordinance to require an Excess Flow Gas Shut-Off Valve at the point of appliance in certain new construction and remodeling. Also attached are findings that justify construction standards stricter than those imposed by Health and Safety Code section 19810 et. seq. Staff has determined that adoption of the attached ordinance is exempt from of the California Environmental Quality Act (CEQA) under Section 15061 (b)(3) of the State CEQA guidelines. This ordinance can be seen with certainty to have no effect on the environment. The ordinance will require the installation of devices inside certain structures, which will not result in physical changes to the environment. Adopt Ordinance 2004-27(Ref 2000-11) 3 Jufy 13,2004 FINDING OF NEED FOR.STRICTER.CONSTRUCTION STANDARDS DUE TO LOCAL, CONDITIONS I. Stricter Construction Standards Pursuant to California Health and Safety Code section 19101 which allows the County to enact an ordinance establishing stricter construction standards than those imposed by the earthquake protection law (Health & Safety Code section 19100 et seq.), the Board of Supervisors of Contra Costa County, in its ordinance adopting Ordinance 2000-11, regarding gas shut-off devices, finds as follows. II. Findin Pursuant to Health & Safety Code sections 17958.5 and 17958.7 the Board of Supervisors of Contra Costa County finds that the adoption of certain construction standards which may be stricter than those set forth pursuant to the State's earthquake protection law (Health & Safety Code section 19100 et seq.) is needed and is reasonably necessary because of certain local climatic, geological, and topographic conditions as described below. A. Geological and Topographic 1. Seismicity (a) Conditions Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to numerous earthquake faults including the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area. A study released in 1990 by the United States Geological Survey says that there is a 67% chance of another earthquake the size of Loma Prieta during the next 30 years, and that the quake could strike at any time, including today. Scientists, therefore, believe that an earthquake of a magnitude 7 or larger is now twice as likely to happen as to not happen. Fires following earthquakes can add substantially to the community wide destruction initiated by strong earthquakes and the associated after shocks. Fire loss directly attributable to the earthquake begins immediately following the earthquake and can continue for days afterward. One cause of post earthquake fires is overturned gas appliances, such as dryers, unstrapped water heaters, furnaces and gas ranges. Contra Costa County currently requires that a motion sensitive or excess flow valve be installed downstream of the gas meter to help reduce the risk of these fires,but either one of these may not be effective alone. To further reduce the risk, an excess flow valve at the point of the appliance would further reduce the risk of fire, thereby reducing property damage and injury to humans. Interstates 680, 80, 580 and State Route 4 run the length throughout Contra Costa County. These interstates and state routes divide the County into a west, south, north and east. An overpass or undercrossing collapse would significantly alter the response route and time for responding emergency equipment. This is due to limited crossings of the interstate and that in some areas there is only one surface street, which runs parallel to the interstate, which would be congested during a significant emergency. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities and to gas lines in buildings, which in turn start fires throughout the County. The occurrence of multiple fires will quickly deplete existing fire department resources; thereby reducing and/or delaying their response to any given fire. (b) Impact A major earthquake could severely restrict the response of all Contra Costa County Fire Districts and their capability to control fires involving buildings of wood frame construction, with ordinary roofing materials and flammable exteriors, or with large interior areas not provided with automatic smoke and fire control systems. Also, when buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. 2. Soils (a) Conditions The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions 2 are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy. Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. The majority of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be unpassable so as to prevent fire protection resources from reaching fires cause by gas line ruptures or other sources. 3. Topographic (a) Conditions i. Vegetation Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built- up locations six (6)to eight (S) months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources. (b) Impact The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are created by natural gas developed from gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwellings that were caused by broken gas lines. Other variables may tend to intensify the situation: 3 .fie��' CJ ✓%S: 1. The extent of damage to the water system 2. The extent of isolation due to bridge and/or freeway overpass collapse. 3. The extent of roadway damage and/or amount of debris blocking the roadways. 4. Climatic condition(hot, dry weather with high winds). 5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours. 6. The availability of timely mutual aid or military assistance. 7. The large portion of dwellings with wood shake or shingle coverings could result in conflagrations. 8. The large number of dwellings that slip off their foundations and rupture gas lines resulting in further conflagrations. B. Climatic 1. Precipitation and Relative Humidity (a) Conditions Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. Ninety-six (96) percent falls during the months of October through April and four (4) percent from May through September. This is a dry period of at least five (5) months each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from forty-five (45) to sixty-five (65) percent during spring, summer, fall, and from sixty (60) to ninety (90) percent in the winter. It occasionally falls as low as fifteen (15)percent. (b) Impact Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single family residence during these dry periods. Because of dryness, a rapidly burning gas fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss. 4 2. Temperature (a) Conditions Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° - 90° range, with average maximums of 105°F in some areas of unincorporated Contra Costa County. (b) Impact High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures. Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. 3. Winds (a) Conditions Prevailing winds in many parts of Contra Costa County are form the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach fourteen (14) mph to twenty-three (23) mph ranges, gusting to twenty-five (25) to thirty-five (35) mph. Forty (40) mph winds are experienced occasionally and winds up to fifty-five (55) mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days, creating extremely dry conditions. (b) Impact Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an 5 intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled; they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas, or lacking automatic fire protection systems, or lacking proper gas shut-off devices to shut off gas when pipes are ruptured. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred. 4. Summary These local climatic conditions affect the acceleration, intensity, and size of fire in the unincorporated areas of Contra Costa County. Times of little or no rainfall, of low humidity, and high temperatures create extremely hazardous conditions,particularly as they relate to wood shake and shingle roof fires and conflagrations. The winds experienced in Contra Costa County can have a tremendous impact upon structure fires. During wood shake and shingle roof fires, or exposure fires, or gas fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing "natural"ventilation and cross-ventilation efforts. C. Automatic Gas Shut-Off Devices to Prevent Gas Fires Caused by Pipeline Ruptures and Breaks 1. Devices (a) Types of Devices Two types of automatic shut-off devices are available to prevent gas from escaping from broken or ruptured pipes caused by earthquakes or other manmade reasons. (1) Seismic Gas Shut-off devices operate by motion created by earthquakes. In the event of gas pipe ruptures caused by earthquakes, these devices can stop gas from escaping into buildings, thus preventing fires and explosions. Earthquake seismic valves are those valves approved by the 6 Department of the State Architect of California (DSA) as devices capable of preventing the release of gas due to gas line ruptures caused by earthquakes. Seismic valves to be used in California must pass a certification program administered by the DSA. (2) Excess flow valves are devices operated by pressure or excess flow. In the event of a gas line rupture due to an earthquake, these devices can stop the flow of gas from escaping into buildings,thus preventing fires. The design of the device shall provide a proven method to provide automatically for expedient and safe gas shutoff in an emergency. The design of the device provides a capability for ease of consumer or owner resetting in a safe manner. The device can be certified by the State Architect or the operational and functional design of the device meets or exceeds the device certified by the Office of the State Architect. The determination of whether the operational and functional design of the device is at least equal to the device certified by the State Architect may be made by one of the following. the Independent Laboratory of the International Approval Services (IAS), Underwriter's laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO), or other recognized listing and testing agency. (b) Need for Maximum Protection (l) Since there are many devices having different means of preventing gas escape which are on the private market, all of which can potentially protect buildings from fires and explosions due to gas line ruptures, it is important to provide as many options to the public for their use and protection. Devices which prevent gas escape from gas line breaks and ruptures should be approved by public or private non-profit agencies regarded as credible in their fields, as the above. 2. Fire Protection Resources Preserved (a) By requiring automatic gas shut-off valves in all new building construction and in certain remodeled buildings, the likelihood of fire and explosion will be reduced, thus not taxing fire resources of County Fire Districts. (b) In addition, there are several studies that have been conducted by public and private agencies which recognize that the use of 7 automatic gas shut-off values will reduce the amount of damage to property and loss of lives in earthquakes. 8 ORDINANCE NO. 2004-27 GAS SHUT-OFF DEVICES The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION L SUilMARY. This ordinance amends Sections 718-8.204 and 718-8.206 of the County Ordinance Code to require the installation of an approved excess flow gas shut-off`device (non.-motion sensitive) at each connection of a gas appliance to a gas line in certain buildings in addition to the installation of gas shut-off devices downstream of the gas utility meters in those buildings. SECTION 11. Section 718-8.204 of the County Ordinance Code is amended to read: 718-8.204 Scope. (a) The folla"ing devices shall be installed at the following locations in the buildings specified in subsection (b): (1) An approved seismic gas shut-off device (motion sensitive) or an approved excess flow gas shut-oft"device(non-motion sensitive) shall be installed downstream of the gas utility meter at the beginning of each rigid gas piping system that serves any of the buildings specified in subsection(b); and (2) An approved excess flow gas shut-off device(non-motion sensitive) shall be installed at each connection of a gas appliance to a gas line within any of the buildings specified in subsection (b). (b) The devices specified in subsection (a) shall be installed in the following buildings and structures: (1) In any new building construction(commercial, industrial or residential) containing fuel gas piping for which a building permit is first issued on or after the effective date of this ordinance. (2) In any existing residential building that is altered or added to; and (A) The building has fuel gas piping supplying the existing building or the addition to the building; and (B) A building permit for the work is first issued on or after the effective date of this ordinance; and ORDINANCE NO. 2004-27 1 (C) The value of the alteration/addition is either: (i) More than $5,000 where fuel gas piping is involved in the alteration or addition. Alterations or additions to individual condominium or apartment units shall require an approved gas shut-off device to be installed for all gas piping serving the building and a device at each connection of a gas appliance to a gas line in each individual unit that is being altered or added to; or (ii) .More than$50,000 where fuel gas piping is not involved in the alteration or addition. Alterations or additions to individual condominium or apartment units shall require an approved gas shut-off device to be installed for all gas piping serving the building and a device at each connection of a gas appliance to a gas line in each individual unit that is being altered or added.to. (3) In any existing commercial or industrial building that is altered or added to; and (A) The building has fuel gas piping supplying the existing building or the addition to the building; and (l3) A building permit for the work is first issued on or after the effective date of this ordinance; and (C) The value of the alteration/addition is either: (i) More than $5,000 where fuel gas piping is involved in the alteration or addition. Alterations or additions to individuall units or tenant spaces shall require an approved gas shut-off`device to be installed for all gas piping serving the building and a device at each connection of a gas appliance to a gas line in each individual unit that is being altered or added to; or (ii) More than$50,000 where fuel gas piping is not involved in the alteration or addition. Alterations or additions to individual units or tenant spaces shall require an approved gas shut-off device to be installed for all gas piping serving the building and a device at each connection of a gas appliance to a gas line in each individual unit that is being altered or added to. (Ord. 2004-27 § 2, 2000-11 §2.) ORDNANCE NO. 2004-27 2 SECTION 111. Section 718-8.206 of the County Ordinance Code is amended to read: 718-8.206 Exceptions. (a) Gas shut-off devices are not required to be installed downstream of the gas utility meter where gas shut-off devices have been installed by the gas utility or a contractor authorized by the gas utility upstream of the gas utility meter and downstream of the meter service regulator and the installations are in accordance with this ordinance and with the manufacturer's specifications. (b) Gas shut-off devices installed on a building before the effective date of this ordinance are exempt from the requirements of this section provided they remain installed on the building or structure and are maintained for the life of the building or structure. (c) Gas shut-off devices installed on a gas distribution system owned or operated by a public utility are not subject to the requirements of this chapter(Health and Safety Code Section 19201 (b)). (d) This chapter does not apply to-mechanical or process equipment used in manufacturing. (e) This ordinance does not apply to gas shut-off devices installed within gas lines (Health and Safety Code Section 19204). (Ord. 2004-27 § 3, 2000-11 §2.) SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. ' PASSED on July 20 2004 ,by the following vote: AYES: Supervisors Gioia, Uilkema, Greenberg, DeSaulnier and Glover NOES: None ABSENT:None ABSTAIN:None ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and Ch it and County Administrator 1 By: L -:,,AT.Lj eputy TLO HA2004 Aispwtion*as shutoff ordinancempd ORDNANCE NO. 2004-27 3