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HomeMy WebLinkAboutMINUTES - 03072000 - C.19 TO: BOARD OF SUPERVISORS Contra Costa FROM: CARLOS BALTODANO, DIRECTOR County BUILDING INSPECTION DEPARTMENT y DATE: March 7, 2000 SUBJECT: CAS SHUT-OFF DEVICES ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS INTRODUCE the attached ordinance requiring Gas Shut-off Devices in certain new construction and remodeling of structures in the unincorporated area, WAIVE reading, and SET March 21, 2000 at 11:00 a.m. for hearing to consider adoption of the ordinance and appropriate findings of local conditions to justify stricter construction standards than imposed by the applicable statute (Health & Safety Code section 19180 et seq.). FISCAL IMPACT County inspections for all new homes and substantial remodels would be paid through fees. BACKGROUND/REASONS FOR RECOMMENDATIONS On September 14, 1999, the Board of Supervisors directed County staff to develop an ordinance requiring the installation of Low Pressure Excess Flow Valves (EXFV's) or other similar automatic gas shut-off valves in new homes and substantial remodels. Attached to this report is the draft ordinance, which is based on a similar ordinanceadopted in the City of Los Angeles regulating the installation of seismic gas shut-off valves in new construction and existing buildings. As part of the CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RE OMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE SQI.LZr, ACTION OF BOON March 4 APPROVED AS RECOMMENDED X OTHER See OrdiA' Ib nce No. 2000-11. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X 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(9251335-1108) ATTESTED: March 7, 2000 cc: County Administrator Phil Batchelor,Clerk of the Beard of Supervisors County Counsel and County Administrator Community Development Public Works .. BY EPUTY Ca:nr %dorft".9hut.otrv&tm.bo.3-7-00 19, Gas Shut-Off Devices Ordinance March 7, 2000 Page Two recommendations, findings have been made under Health and Safety Code section 17958.5 indicating that for some structures, stricter construction standards are necessary because of local climatic, geological, or topographical conditions. These findings are based on the serious threat to life and property resulting from earthquakes in the Bay Area. Moderate and severe earthquakes that may be experienced in the Bay Area within the next thirty (30) years may cause fires resulting from gas line ruptures or breaks. In 1980, the State Architect was directed by the State Legislature (Health and Safety Code section 19182) to establish standards for gas shut-off devices. In 1996, the Legislature further revised (SB577) section 19202 of the Health and Safety Code to require the State Architect to certify gas shutoff devices "that are not activated by motion". As of today, the State Architect has developed standards and certified gas shut-off devices that are motion sensitive, known as "seismic gas shut-off devices" or earthquake gas shut-off valves (EQGSV's). The State Architect is in the process of certifying excess flow valves. EXFV's have been tested and approved by the Independent laboratory of the International Approval Services (IAS) and other recognized listing and testing agencies like the International Association of Plumbing and Mechanical Officials (IAPMO). These two types of valves function quite differently. The earthquake motion device (EQGSV) when activated by a seismic event shuts off the gas at the meter. The 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 pipe in the home or structure. These valves that are designed to be installed after the meter and shut off the natural gas are known as Low Pressure EXFV (in the home). This differs from the High Pressure EXFV that utility companies are installing on their utility service line outside the house, in order to prevent natural gas fires and explosions due to pipe breakage during excavation work outside the house. The U. S. Department of Transportation has approved regulations requiring that gas utilities either notify new or renewal customers about the benefits and availability of High Pressure EXFV's. The proposed ordinance allows the use of either the seismic valve (EQGSV) or the Low Pressure excess flow valve (EXFV). It leaves it up to the homeowner or developer to decide which device to use. In all cases the manufacturer and listing agency recommendations should be followed. It is also recommended that the devices be installed by a qualified plumber registered to perform work on gas piping systems. However, when a house is built new or substantially remodeled, the work to be performed by the plumber is minimal and should cost very little in relationship to the total work done on a home. The proposed ordinance requires that either an approved motion sensitive (E,QGSV) or non-motion sensitive (EXFV) be installed downstream of the gas utility meter(the owner's side of the meter) where the gas line serves any new building (commercial, industrial or residential) or any existing building which is involved in alteration or addition. Alteration or addition is defined as work having a construction value of $50,000 or more when fuel piping is not involved. Where fuel piping is involved in the alteration or addition, the valve requirement would be triggered when the value of the work is more than $5,000. The ordinance will also require that if a certain tenant space in a commercial building or industrial building, or a certain condominium or apartment is altered or remodeled exceeding the above stated thresholds, then such alteration will require that a gas shut-off device be installed for all gas piping serving that building or structure. Gas Shut-Off Devices Ordinance March 7, 2000 Page Three The cost of a low pressure EXFV is inexpensive (approximately $99) relative to the amount of protection and peace of mind it provides. The cost of the EQFGV ranges from $150 - $300. This cost does not include the cost of installation or any permit that may be required. The minimal plumbing permit is $77.00, but if the work in the house is substantial there will not be an additional fee if the contractor already has a permit for other work. EXFV's and EQFGV's are not unlike smoke detectors, which are now required in all new houses, remodels and upon resale. Given the likelihood of a major earthquake in the Bay Area, and throughout California, devices such as these should be required in new homes built in Contra Costa County and for homes that are substantially remodeled. While several counties, cities and states are now considering laws that recommend or require gas shut-off valves; Contra Costa County will be the first County in the state to mandate either the EXFV's or the EQFGV's. The County has been a leader in safety and planning issues. In addition, staff has reviewed the applicability of the California Environmental Quality Act (CEQA) and has determined that the adoption of the ordinance is not subject to CEQA under Section 15061(b)(3) of the State CEQA guidelines. The activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This ordinance can be seen with certainty to have no possibility of having a significant effect on the environment because: 1. The installation requires the gas to be shut off during work, avoiding the possibility of ignition of the gas in the line; 2. The valve is constructed of non-toxic, non-flammable materials; and 3. There is no evidence that the valves can function in a manner inconsistent with their intended purpose; i.e., to prevent the flow of gas in the event of an emergency. ORDINANCE NO. 2000- 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): [Gov. C. § 25120] SECTION I. SUMMARY. This ordinance adds Chapter 718-8 to the Contra Costa County Ordinance Code to require the installation of Excess Flow Gas Shut-Off Devices (non-motion sensitive) or Gas Shut-Off Devices that are activated by motion. These devices are to be installed on gas services downstream of the meter in new construction and certain remodeling. This ordinance will be effective sixty(60) days from the date it is passed. [Gov. Code § 25129.] SECTION II. Chapter 718-8 is added to the County Ordinance Code to read: CHAPTER 718-8 GAS SHUT-OFF DEVICES 718-8.202 DEFINI`I"IONS. For the purpose of this chapter, certain terms shall be defined as follows: a. "Downstream of Gas Utility Meter" shall refer to all customer owned gas piping. b. "Residential Building" shall mean any single family dwelling, duplex, multi- family dwelling, apartment building, condominium building, townhouse building, lodging house, congregate residence, hotel, or motel. C. "Excess Flow Gas-Shut-Off Device" shall mean those valves or devices that are not actuated by motion, but are activated by significant gas leaks or overpressure surges, which can occur when pipes rupture inside the structure. 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 shall provide a capability for ease of consumer or owner resetting in a safe manner. The device shall be certified by the State Architect or the operational and functional design of the device shall meet or exceed 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 ORDINANCE 2000- 1 listing and testing agency. d. "Seismic Gas-Shut-Off Device" shall mean a system consisting of a seismic sensing means and actuating means designed to actuate automatically a companion gas shut off means installed in a gas piping system in order to shut off the gas downstream of the location of the gas shutoff means in the event of a severe seismic disturbance. The system may consist of separable components or may incorporate all functions in a single body. The device shall be certified by the State Architect and the operational and functional design of the device shall meet or exceed 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. e. "Upstream of Gas Utility Meter" shall refer to all gas piping installed by the utility up to and including the meter and the utility's bypass tee at the connection to the customer owned piping. f "Gas Shut-Off Device,"as used in this Ordinance, shall refer to either a Seismic Gas Shut-Off Device or Excess Flow Gas-Shut-Off Device. (Ord. 2000-_, § 2.) 718-8.204 SCOPE. An approved Seismic Gas-Shut-Off Device (motion sensitive) or an approved Excess Flow Gas-Shut-Off Device (non-motion sensitive) shall be installed downstream of the gas utility meter on each fuel gas line where the gas line serves the following buildings: a. 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 the ordinance. b. Any existing residential, commercial or industrial building which is altered or added to and a building permit for the work is first issued on or after the effective date of this ordinance and (1) Such a building has fuel gas piping supplying the existing building or the addition to the building; and (2) Where fuel gas piping is involved in the alteration or addition,the value of such alteration/addition is more than$5,000; where fuel gas piping is not involved in the alteration or addition,the value of such alteration/addition is more than $50,000, ORDINANCE 2000- (a) With respect to residential buildings,the requirements set forth in (1) and(2) above include alterations or additions to an individual condominium or apartment unit so that,in appropriate circumstances, such alterations or additions shall require a Gas Shut-Off Device to be installed for all gas piping serving that building as set forth in subsections (1)and(2)above. (b) With respect to commercial or industrial buildings,the requirements set forth in (1) and(2) above include alterations or additions to individual units or tenant spaces so that,where applicable, such alterations or additions shall require a Gas Shut- Off Device to be installed for all gas piping serving that commercial or industrial building. (Ord. 2000-_, § 2.) 718-8.206 EXCEPTIONS. a. A Gas-Shut-Off Device is not required to be installed downstream of the gas utility meter where a Gas-Shut-Off Device has 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 such installation is in accordance with this ordinance and with the manufacturer's specifications. b Gas-Shut-Off Devices installed on a building prior to 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 shall not be subject to the requirements of this chapter(Health & Saf. Code § 19201(b)) . d. A Gas-Shut-Off Device shall not be required where the gas piping system contained in the building or structure is designed to withstand seismic effects of earthquakes. e. This ordinance shall not apply to mechanical or process equipment used in manufacturing. f. This ordinance shall not apply to gas shutoff devices installed within gas lines (Health & Saf. Code § 19200. (Ord. 2000-_, § 2.) 718-8.208 GENERAL REQUIREMENTS. Gas-Shut-Off Devices installed either in ORDINANCE 2000- 3 compliance with this ordinance or voluntarily,with a permit issued on or after the effective date of this ordinance, shall comply with all of the following requirements: a. Be installed by a contractor licensed in the appropriate classification by the State of California and in accordance with the manufacturer's instructions. b. In the case of Seismic Gas-Shut-Off Devices(motion sensitive) only, such devices must be mounted rigidly to the exterior of the building or structure containing the fuel gas piping. This requirement need not apply if the Building Inspection Department determines that the seismic gas shutoff device (motion sensitive)has been tested and listed for an alternate method of installation. C. In the case of Seismic Gas-Shut-Off Devices (motion sensitive) only,be certified by the State Architect and be listed by an approved listing and testing agency such as IAS, IAMPO,UL or the office of the State Architect. In the case of Excess Flow Gas-Shut-Off Devices only,be certified by the State Architect or be listed by an approved listing and testing agency such as IAS, IAMPO,UL or the office of the State Architect d. Have a thirty(30)year warranty which warrants that the valve or device is free from defects and will continue to operate properly for thirty(30)years from the date of installation. e. Where Gas-Shut-Off Devices are installed voluntarily or as required by this section,they shall be maintained for the life of the building or structure or be replaced with a valve or device complying with the requirements of this section. (Ord. 2000-�, § 2.) 718-8.210 LIST OF APPROVED VALVES AND DEVICES. The Building Inspection Department shall maintain a list of all Seismic Gas-Shut-Off Devices (motion sensitive) and Excess Flow Gas-Shut-Off Devices (non-motion sensitive)which meet or exceed the requirements of devices certified by the Office of the State Architect for installation in the State of California and which comply with the standards and criteria set forth in Health and Safety Code section 19180 et seq, including quality and design regulation for earthquake actuated automatic gas shutoff systems (see 24 Cal. Code Regs. Ch. 12-16-1). (Ord. 2000-',§ 2.) 718-8.212 ENFORCING AGENCY. The Building Inspection Department shall administer and enforce the provisions of this ordinance. (Ord. 2000- § 2.) ORDINANCE 2000- 4 ,4 SE ION III. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and agd'*t it in the , a newspaper published in this County. [§§ 25123 & 224] PASSED on ,by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair , DJS/jh IAJOANN\gasord.wpa ORDINANCE 2000- . 5