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HomeMy WebLinkAboutMINUTES - 11071995 - C31 TO: BOARD OF SUPERVISORS FROM: FRANKLIN LEW, DIRECTOR OF BUILDING INSPECTION DATE: NOVEMBER 7, 1995 SUBJECT: CONTRA COSTA COUNTY PLUMBING CODE AMENDMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND ANDJUSTIFICATION RECOMMENDATIONS: INTRODUCE ordinance to add chapter 78-7 to Title 7 of the County Ordinance Code to allow the use of CPVC plastic piping in potable water systems; waive reading and set November 14 for adoption. FISCAL IMPACT: None. BACKGROUND/REASONS FOR RECOMMENDATIONS: The California Health and Safety Code requires local jurisdictions to adopt building standards governing construction that are equivalent to the California Building Code (CBC). Local jurisdictions may not adopt requirements that deviate from the CBC in any significant manner unless such deviations can be shown to be necessary by local conditions related to climate,geology or topography. The CBC currently in effect adopted the 1991 Uniform Plumbing Code,but modified Section 1004 to delete allowing the use of potable water piping made with chlorinated polyvinyl chloride(CPVC). Concerns over safety to workers who install the CPVC piping, and other issues,were factors in the decision to delete. In line with the CBC,Contra Costa County currently does not allow CPVC piping. The recently chaptered legislation now gives local jurisdictions the authority to deviate from the CBG to allow continued use of CPVC piping after January 1, 1996,provided such use was allowed prior to that date. A copy of the chaptered legislation is attached. It should be noted that a jurisdiction that does not act to allow CPVC piping by December 31, 1995 cannot do so after that date. This ordinance overrides the CBC,as allowed by AB 15 1, to permit the use of CPVC piping in the County before the Window of opportunity to do this closes. It is noted that CPVC piping has been allowed in all states except California, and that even in California, federal standards for mobilehomes and manufactured housing require the state to allow such piping for those types of buildings. Other California jurisdictions also are acting to amend their codes in a similar manner to allow the use of CPVC piping. A copy of a recent West County Times editorial on the subject also is attached. CONTINUED ON ATTACHMENT: YES SIGNATURE- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE. APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON November 7 , 1995 APPROVED AS RECOMMENDED X OTHER IT IS BY THE BOARD ORDERED that Ordinance No. 95-56 is INTRODUCED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE,AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE X UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ATTESTED— November 7, 19 9 5 ABSENT: ABSTAIN: PHIL,SATCHEL R,CLER "CW THE BOARD OF SUPE ORS A D COLD DMINISTRATOR FL:dg BY DEPUTY plumbcod.bo Contact: Frank Lew(646-2308) CC: County Administrator County Counsel GMEDA Departments ORDINANCE NO. 95- 56 (CPVC PLASTIC PIPING) The Board of Supervisors Contra Costa County ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adds Chapter 78-7 to the County Ordinance Code, to permit the use of CPVC plastic piping in accordance with the provisions of Health and Safety Code section 17921.9. (Stats. 1995, ch. 785, § 1.) SECTION II. Chapter 78-7 is added to the County Ordinance Code, to read: CHAPTER 78-7 CPVC PLASTIC PIPING Article 78-7.2 CPVC Plastic Piping Permitted 78-7.202 Authority. This article is adopted pursuant to and authorized by Health and Safety Code section 17921.9. (Ord. 95- 54 § 2; Stats. 1995, ch. 785, § 1.) 78-7.204 CPVC plastic piping permitted. Notwithstanding any other provision of this Code, CPVC plastic piping for potable water systems shall be permitted. The requirements of subdivisions (c), (d) and (e) of Health and Safety Code section 17921.9 shall fully apply to the use of CPVC plastic piping, as authorized by this section. (Ord. 95- 5§ § 2.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 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 November 28 , 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and Co. Administrator By: Deputy Board Chair W14AACPVCOR0.95 [SEAL] PRODUCT OF: THE CALIFORNIA STATE SENATE GOPHER SERVICE AB 151 Buildings: CPVC plastic piping. BILL NUMBER: AB 151 CHAPTERED 10/12/95 BILL TEXT CHAPTER 785 FILED WITH SECRETARY OF STATE OCTOBER 12, 1995 APPROVED BY GOVERNOR OCTOBER 12, 1995 PASSED THE ASSEMBLY SEPTEMBER 13, 1995 PASSED THE SENATE SEPTEMBER 7, 1995 AMENDED IN SENATE SEPTEMBER 1, 1995 AMENDED IN SENATE AUGUST 24, 1995 AMENDED IN SENATE JULY 11, 1995 AMENDED IN ASSEMBLY MAY 30, 1995 AMENDED IN ASSEMBLY MAY 18, 1995 AMENDED IN ASSEMBLY APRIL 25, 1995 AMENDED IN ASSEMBLY APRIL 17, 1995 INTRODUCED BY Assembly Member Baca JANUARY 17, 1995 An act to add Section 17921.9 to the Health and Safety Code, relating to buildings, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 151, Baca. Buildings: CPVC plastic piping. (1) Existing law, known as the State Housing Law, which is administered by the Department of Housing and Community Development and local enforcement agencies, generally regulates the construction, use, maintenance, and occupancy of buildings used for human habitation. Violations of the State Housing Law, or of the building standards published in the State Building Standards Code relating to the State Housing Law, are punishable as misdemeanors. This bill would express findings and declarations of the Legislature with regard to the use of chlorinated polyvinyl chloride (CPVC) pipe. The bill would declare that it is the intent of the Legislature, in enacting the bill, to allow the use of CPVC piping in building construction in California as an alternate material under specified conditions. The bill would provide that, notwithstanding any other provision of law, the provisions of the California Plumbing Code that do not authorize the use of CPVC piping within California shall not apply to any local government that permitted the use of CPVC piping for potable water systems within its jurisdiction prior to January 1, 1996. The bill would require that the CPVC piping be used in accordance with specified work practices and flushing procedures. Because the provisions of the bill would be added to the State Housing Law, the violation of these provisions would be punishable as a misdemeanor, and the bill would therefore impose a state-mandated local program by creating new crimes. The bill would provide that these provisions not be operative after January 1, 1998. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute. SECTION 1. Section 17921.9 is added to the Health and Safety Code, to read: 17921.9. (a) The Legislature finds and declares all of the following: (1) The deterioration of copper piping has become a serious problem in various communities in the state. (2) Chlorinated polyvinyl chloride (CPVC) plastic piping has been succeely used, in accordance with federal regulations, in mobilehome construction. (3) The Department of Community Development of the City of Colton, acting pursuant to a good-faith belief that it was in compliance with state regulations, approved the use of CPVC piping as an alternative to copper piping in early 1993 when the i Page 1 of 3 department was confronted with widespread deterioration of copper piping systems in a tract in the western part of that city. (4) The retrofitting of homes in Colton with CPVC piping has been successful. (b) It is, therefore, the intent of the Legislature in enacting this section to allow the use of CPVC piping in building construction in California as an alternate material under specified conditions. (c) Notwithstanding any other provision of law, the provisions of the California Plumbing Code that do not authorize the use of CPVC piping within California shall not apply to any local government that permitted the use of CPVC piping for potable water systems within its jurisdiction prior to January 1, 1996. Any local government that permitted the use of CPVC piping for potable water systems within its jurisdiction prior to January 1, 1996, shall require both of the following: (1) That the CPVC piping to be used is listed as an approved material in, and is installed in accordance with, the 1994 edition of the Uniform Plumbing Code. (2) That all installations of CPVC strictly comply with the interim flushing procedures and worker safety measures set forth in subdivisions (d) and (e) . (d) The following safe work practices shall be adhered to when installing both CPVC and copper plumbing pipe in California after the effective date of the act that adds this section: (1) (A) Employers shall provide education and training to inform plumbers of risks, provide equipment and techniques to help reduce exposures from plumbing pipe installation, foster safe work habits, and post signs to warn against the drinking of preoccupancy water. (B) For purposes of this paragraph, "training" shall include training in ladder safety, safe use of chain saws and wood-boring tools, hazards associated with other construction trades, hazards from molten solder and flux, and the potential hazards and safe use of soldering tools and materials. (2) Cleaners shall be renamed as primers, include strong warnings on the hazards of using primers as cleaners, and include dyes to discourage use as cleaners. (3) Applicators and daubers shall be limited to small sizes. (4) Enclosed spaces shall be ventilated with portable fans when installing CPVC pipe. (5) Protective impermeable gloves shall be utilized when installing CPVC pipe. (6) Employers shall provide onsite portable eyewash stations for all employees to allow for immediate flushing of eyes in the event of splashing of hot flux. (7) Employers using acetylene torches shall ensure that the acetylene tanks are regularly maintained and inspected in accordance with applicable regulatory requirements. Fire extinguishers shall be kept in close proximity to the workplace. (e) All of the following flushing procedures shall be adhered to when installing CPVC pipe in California after the effective date of the act that adds this section: (1) When plumbing is completed and ready for pressure testing, each cold water and hot water tap shall be flushed starting with the fixture (basin, sink, tub, or shower) closest to the water meter and continuing with each successive fixture, moving toward the end of the system. Flushing shall be continued for at least one minute or longer until water appears clear at each fixture. This step may be omitted if a jurisdiction requires the building inspector to test each water system. (2) The system shall be kept filled with water for at least one week and then flushed in accordance with the procedures set forth is paragraph (1) . The system shall be kept filled with water and not drained. (3) Before the premises are occupied, the hot water heater shall be turned on and the system shall be flushed once more. Commencing with the fixture closest to the hot water heater, the hot water tap shall bined. The time required to get hot water in a specific tap shall be determined and then the cold water tap at the same location shall be turned on for the same period of time. This procedure shall be repeated for each fixture in succession toward the end of the system. (f) Nothing in this section shall be construed to affect the applicability of any existing law imposing liability on a manufacturer, distributor, retailer, installer, or any other person or entity under the laws of this state for liability. (g) This section shall not be operative after January 1, 1998. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes Page 2 of 3 the definition of a crime within the meaning of Section 6 of Article XIIIB of the , California Constitution. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The serious problems caused by the deterioration of copper piping in water systems in homes in various communities in the state make it necessary that the use of CPVC piping be clearly authorized by law under specified conditions. The immediate enactment of this act is therefore necessary. Searching keywords: (statusch) (authorBaca) (HooA) (Problems/Comments mail to: Gopher.Admin@SEN.CA.GOV) . Page 3 of 3 14A—West County Times Friday,October 27, 1995 0 JEFF MACNELLY EDI""ORIALS Good move to 1111t ban Alternative to copper pipes trade unions have selfishly and suc- cessfully thrown a monkey wrench will help some homeowners into every effort—until now—to deny homeowners the benefits of this alifornia's dumb ban on plastic technology. pipes in homes could be flushed off the books by an unexpected, Critics' scare tactics raising un- overdue, controversial but commend- founded fears about health risks are able action by Gov. Pete Wilson. as full of holes as the damaged pipes. Wilson signed a bill by Assembly- Since 1979, the state Department man Joe Baca, D-San Bernardino, that of Housing and Community Develop- will allow some homeowners to re- ment has tried unsuccessfully to com- place leaky copper pipes in their plete an environmental impact report homes with plastic pipes that are now on the pipes. banned in the state. The battle isn't over yet. Communi- - - - That's good news for.homeowners ties interested in permitting the use of who have spent between$250 and plastic pipes still must enact local or- $3,000 to replace copper pipes cor- dinances to put Baca's AB151 into of- � roded by high acid and oxygen con- fect by Jan. L ! tent of the water in their areas. Some people have also lost their And Wilson's directive to the De- homeowners insurance policies be- partment of Housing and Community cause companies don't want to cover Development, seeking to authorize ad- this hazard, according to Baca. ministratively the use of plastic The solution to the problem is chlo- statewide, could be challenged. rinated polyvinyl chloride (CPVC) Nevertheless, the governor has pipes. taken a good first step to unclog a It's cheaper. costly and senseless technological It's easier to install than copper. blockage by special interests that has Nursing According to news reports, it's al- penalized homeowners for too long lowed in every other state except Cali- and kept California out of step with fornia where the copper industry and the rest of the country. Medicaid changes 'How to trim sails, stay afloat kill quality of elder orgive me if I scare you.Bo he Coast Guard rates a snappy All Atlantic and Pacific commands I mustn't do that.The presi, well done" for showing how to will be merged into the field offices at tender talked this week abc T"rim sails without scuttling the Alameda and Portsmouth, Va. parent campaign to scare Ameri ship and its mission. day,he said,we're scaring sena It's a lesson in sensible streamlin- The cuts won't touch any of the Bay day it's farmers,the next it's chi ing that could be profitably studied by Area and Delta search-and-rescue op- . But the problem is that Congre: governments and downsizing-happy erations in Rio Vista, Stockton and rolling over an entire lifespan of Mare Island, or the marine safety de- for the most vulnerable Americas corporate America. tachment at the Concord Naval maining progressives on or off C Instead of hacking away at "front- feel like roadkill. line"units—the people who do the Weapons Station, according to Shelly One day it is children and the on-the-spot and on-the-waterways tion i , a spokeswoman at the CG sta- seniors. It's all happening so fas work—the Coast Guard will elimi- tion in Alameda. ously that Americans haven't be nate 1,400 positions and consolidate This is a refreshing switch from the enough. In the rush of hit-and-ru many California administrative func- all-too-common budgetary practice of coming out of Washington, it's hi tions into the Alameda office. cutting muscle instead of fat. focus on one piece of the puzzle. Pieces don't fit The streamlining move and reduc- The Coast Guard has given a com- tion of infrastructure will save $100 So try this piece today,the last ij million a year starting in fiscal 1996. mendable new definition to"running zle of life cycle politics: nursing he Coast Guard district offices also a tight ship."