HomeMy WebLinkAboutMINUTES - 12121995 - D4 D.4
THE BOARD OR SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _December 12, 1995_ by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Ordinance on the Use of CPVC Pipe
The Board on November 28, 1995, deferred to this date,
consideration for adoption of Ordinance 95-56 on the use of CPVC pipe.
The following persons spoke:
Dick Kerr, 1790 Ellis, Street, #22, Concord;
Charles Jensen, 2015 English Oak Court, Danville; and
Aram Hodess, Plumbers Union, Local 159, 1308 Roman
Way, Martinez.
All persons desiring to speak were heard. There was discussion on
the pros/cons of CPVC pipe and of the need for information on the use of this
pipe in both commercial and residential buildings. The Director of Building
Inspection agreed to report to the Board in April 1996 on this matter.
Therefore, the Board AGREED to take no action on the proposed
Ordinance which will again be considered with the Director of Building
Inspection's report in April 1996.
1 HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN .
ATTESTED: _December 12, 1995
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
By :;-w- tee' Deputy
cc: Director, Building Inspection
County Counsel
County Administrator
'D.
t
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-_L§ § 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-_L§§ § 2.)
SECTION Ill. 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
W14AACPVC0RD.85 [SEAL]
CONTRA COSTA COUNTY
-BUILDING INSPECTION DEPARTMENT
Inter-Office Memo
Date December 7, 1995
To Board of Supervisors
From Franklin Lew, Director of Building Inspection
Subj Update on CPVC plastic piping
The following new information is relevant to this item:
1. At its November 29, 1995 meeting, the California Building Standards Commission (CBSC) modified the California
Building Code (CBC)by rescinding a previously adopted amendment to Uniform Plumbing Code (UPC) Sec. 604.1.
The amendment had the effect of disallowing the use of CPVC piping. The CBC requirements are now the same as
the UPC. The amendment became effectively immediately because it was enacted as an emergency regulation. The
CBSC will be holding public hearings within the next 120 days for the purpose of certifying the emergency adoption.
The attached bulletin from the Department of Housing and Community Development (HCD) provides additional
information.
The California Pipe Trades Council had filed a 14 page-long set of objections to the proposed CBSC action. However,
at the meeting, the Council's legal counsel said that his client no longer opposed the action. This change in position
was due to an understanding reached with HCD that the department will stress to local jurisdictions that the worker
safety provisions contained in AB 151 are legal requirements that must be met when CPVC piping is installed in
California (see attachment). This addressed the Council's concern that UPC Seca 604.1 does not contain these
requirements. These safety provisions also are included in the proposed County ordinance.
The concerns raised before the Board on November 28 over safety and performance of CPVC piping were addressed
at the CBSC hearing. A representative of the National Sanitation Foundation, which evaluates and lists plumbing
fixtures, testified that the NSF has no concerns over the health safety aspects of CPVC piping installations. A
representative of the copper industry testified against acceptance of CPVC. However, when he was specifically asked
if CPVC piping is inferior to copper in terms of performance or durability, he said he could not make.that assertion.
The very different opinions given to the Board last week may be due a lumping of different plastic materials together
into a generic label of"plastic piping". There have been extensive and documented problems with installations using
polybutelene piping (PB). But PB material characteristics are very different from CPVC, and CPVC installations have
a good performance record.
2. The effect of the CBSC action on local jurisdictions is to turn things upside down with regard to CPVC usage.
Whereas any jurisdiction that previously wanted to allow CPVC had to make a finding of necessity, and file the finding
with the State,jurisdictions that today want to disallow the use of CPVC must make a finding of necessity.
Inquiries were made to nearby cities and counties regarding their plans and/or positions on allowing CPVC. Most were
cautious about allowing its use and initially said they plan to continue to disallow it. However, when the effect of the
CBSC action was pointed out to them, most said they probably won't try to get their city councils to amend their
plumbing codes to continue the disallowance.
3. Contra Costa County is in an unusual situation. It is the only known jurisdiction to have codified into the local code
the same amendment to the UPC that previously was in the CBC. Thus, the County must continue to disallow CPVC
piping unless the Board passes this ordinance to allow such use.
C 11.:` C 916 f fLc F.t_lji'0
DEC-C�4-1' '�. mac: HCD CGDE
EP _RTMENT OF HOUSING AND O.MMUNITY LEVEL PMEN
DIVl$ION QF COMES AND STANDARDS
1800 'THIRD STREET, SUITE 280, P. Q. BOX 1407
SACRAMENTO, CA 95812-1407
(918) 445-9471 FAX (918) 827-4712 `�y, r
November 30,1995
INFORMATION BULLET: L)
TO: CITY AND COUNTY BUILDING OFFICIALS
MOUSING CODE OFFICIALS
INTERESTED PARTIES (SHL)
DIVISION STAFF
SUBJECT: . EMERGENCY REGULATIONS PERMITTING CPVC WATER SUPPLY
PIPING
At the November 29, 1995 meeting of the California Building Standards Commission
(CBSC), the Commission.approved the department's proposed adoption of emergency
regulations amending the California Code of Regulations, Title 24, Pari 5 (CCR T-24) to
permit the use of chlorinated polyvinyl chloride (CPVC) water supply piping within
buildings. As emergency regulations, the CBSC adoption became effective upon filing
with the Secretary of State on.November 30, 1995. Within the next 120 days,the CBSC
will be holding public hearings for the purpose of certifying this emergency adoption
and appropriate notice of those hearings will be provided by the CBSC.
The affect of the above described action is to delete the California amendments to CCR
T-24, Section 604.1 that previously excluded CPVC and adopt the following language
of the Uniform Plumbing Code, 1994 Edition, of the International Association of
Plumbing and Mechanical Officials (IAPMO);
604.1 Water pipe and fittings shall be of brass, copper, cast Iron,
galvanized malleable Iron, galvanized wrought Iron, galvanized steel, .
or other approved materials. Asbestos-cement, CPVC, Pb, or PVC
water pipe manufactured to recognized standards may be used for
cold water distribution systems outside a building. CPVC water pipe
and tubing may be used for�hot and cold water distribution systems
within a building. All materials used in the water supply system,
except valves and similar devices shall be of a like material, except
where otherwise approved by the Administrative Authority.
This emergency amendment of the CCR T-24 is in addition to the provisions of Chapter
785 of the 1995 Statutes (AB 151, Baca) that were the subject of Information Bulletin 95-
14 (SHL) dated October 17, 1995,
TDO PHONE t�p0.7s7929
Llt`_�1 1_1.y.y J 14_ `,� r. JIt) Z i 4 i IL F''.U_ :-L1--
intorrnation Bulietin 95-i,
November 30, 1995
Page 2
Chapter 785 of the 1995 Statutes contains, among other things, specific requirements
for safe work practices that are required to be adhered to when installing both CPVC
and copper water supply piping. These are specific requirements of law and are
therefore applicable to all installations of CPVC and copper water supply piping whether
installed under Chapter 785 of the 1995 Statutes, the emergency regulations amending
CCR T-24 announced by this Information Bulletin, or otherwise.
A copy of Chapter 785 of the 1995 Statutes is attached for information and particular
attention is drawn to the provisions relating to safe work practices required for CPVC
and copper water supply installations. Several of these safe work practices are similar,
but not identical, to, either regulations of the Department of Industrial Relations,
Occupational Safety and Health Division, or, IAPM4 IS 28-93 (the installation standard
for CPVC water piping). More more restrictive, the safe work practices contained in
Chapter 765 of the 1995 Statutes shall apply.
It is recognized that the safe work practices contained in Chapter 785 of the 1995
Statutes will sunset (i.e., not be operative or effective after) January 1, 1998. The
Department is committed to work with'the affected and interested parties to ensure that
appropriate safe work practices are incorporated into the proper Installation standards
(IAPMO 1S 20-93 for example) or regulations prior to the sunset of Chapter 785 of the
1995 Statutes.
Please direct any questions relating to this Information Bulletin to Mr. Bruce McKarley,
State Housing Law Program, (916) 445-9471.
Travis Pitts
Deputy Director
DEi_-04-9'4F- 10:59 Hk-D LODES 915 'DZ;' 4r'1_' F'.i=i :'U
A,:ta4rtment to information bulletin 95-15 (5ML), November 30, 1.995
CHAPTER 785 of the 1995 Statutes(AS 151, Baca) the acetylene tanks are regularly maintained and Inspected in
accordance with applicable regulatory requirements. Fire
SECTION 1. Section 17921.9 Is added to the Health and Safety extingulshers shall be kept in close proximity to the workplace.
Code, to read: (e) All of the following Rushing procedures shall be
adhered to when installing CPUC pipe in California after the
17921.9. (a)The Leglalature finds and declares all of the following: effective date of the act that adds this section.
(1) The deterioration of copper piping has become a (1) When plumbing is completed and ready for pressure_
serious problem In various communities in the state. testing,each cold water and hot water tap shall be flushed starting
(2) Chlorinated polyvinyl chloride(CPVC) plastic piping with the fixture (basin, sink, tub, or shower) closest to the water
has been successfully used for many years in other states and in meter and continuing with each successive fixture, moving toward
nations around the globe, and has also been the and of the system. Flushing shall be continued for at least one
widely used,In accordance.with federal regulations,In mobliehome minute or longer until water appears clear at each fixture. This
construction. step may be omitted If a Jurisdiction requires the building inspector
(3) The Department of Community Development of the to test each water system.
City of Cotton,acting pursuant to a good-faith belief that It was In (2) The system shall be kept filled with water for at least
compliance with state regulations, approved the use of CPVC one week and then.Rushed In accordance with the procedures set
piping as an alternative to copper piping In early 1993 when the forth is paragraph (1). The system shall be kept filled with water
department was confronted with widespread deterioration of and not drained,
copper piping systems In a tract In the western part of that city. (3) Before the premises are occupied, the hot water
(4) The retrofitting of homes In Colton with CPVC piping heater"I be turned on and the system shall be flushed once
has been successful. more. Commencing with the fixture closestto the hot water heater,
(b) It is,therefore,the Intent of the Legislature In enacting the hot water tap shall be permitted to run until hot water is
this section to allow the use of CPVC piping in building obtained. The time required to get hot water In a specific tap shall
construction In California as an alternate material under specified be determined and then the cold water tap at the same location
conditions, shall be firmed on for the same period of time. This procedure
(c) Notwithstanding any other provision of law, the shall be repeated for each fixture in succession toward the and of
provisions of the California Plumbing Code that do not authorize the system.
the use of CPVC piping within Callfomla shall not apply to any (Q Nothing in this section shall be construed to affect the
local government that permitted the use of CPVC piping for potable applicability of any existing law Imposing liability on a,
water systems within Its Jurisdiction prior to January 1,1996. Any manufacturer,distributor,retailer, installer.or any other person or
Zonal government that permitted the use of CPVC piping for potable entity under the laws of this state for liability.
water systems within Its Jurisdiction prior to January 1,1tt96. shall (g) This section shall not be opomtive after January 1,
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 SECTION 2 No reimbursement Is required by this act pursuant to
edition of the Uniform Plumbing Code. Section 6 of Article XIiI B of the California Constitution because tha
(2) That all installations of CPVC strictly comply with the only costs that may be Incurred by a local agency or school district
Interim flushing procedures and worker safety measures set forth will be Incurred because this act creates a new crime or infraction,
in subdivisions(d)and (e). eliminates a crime or infraction,or changes the penalty for a crime
(d) The following safe work practices shall be adhered or Infraction. within the meaning of Section 17666 of the
to when Installing both CPVC and copper plumbing pipe In Govemment Code,or changes the definition of a crime within the
California after the effective date of the set that adds this section: meaning of Section 6 of Article XiII B of the California Constitution.
(1) (A)Employers shall provide education and training to Notwithstanding Section 17'580 of the Govemment Code,
Inform plumbers of risks, provide equipment and techniques to unless otherwise specified,the provisions of this act shall become
help reduce exposures from plumbing pipe installation,foster safe operative on the same date that the act takes effect pursuant to the
work habits, and post signs to warn against the drinking of California Constitution.
preoccupancy water.
(B) For purposes of this paragraph, "training" shall SECTION 3. This act Is an urgency statute neoessary for the
include training in ladder safety,safe use of chain saws and wood- immediate preservation of the public peace,health.or safety within
boring toots, hazards associated with other construction trades, the meaning of Article IV of the Constitution and shall go Into
hazards from molten solder and flux,and the potential hazards and immediate effect The facts constituting the necessity are:
safe use of soldering tools and materials. 'rhe serious problems caused by the deterioration of
(2) Cleaners shall be renamed as primers,Include strong copper piping In water systems In homes In various communities
warnings on the hazards of using primers as cleaners,and include In the state make it necessary that the use of CPVC piping be
dyes to discourage use as cleanera. clearly authorized by law. under specified conditions. The
(3) Applicators and daubers shall be limited to small immediate enactment of this act is therefore necessary.
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,
statfans for ail employees to allow for Immediate flushing of ayes
In the event of splashing of hot flux.
(7) Emptoyars using acetylene torches shall ensure that
TOTAL P.O3