SR-416-003 (11)
1F
JUL 2 6 2005
City Council Meeting July 26, 2005
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First Reading of an Ordinance Adopting the 2005
California Energy Code and Local Amendments to the California Building,
Energy and Plumbing Codes
INTRODUCTION
This staff report explains the adoption process for building standards; why and how the
City can amend these codes; and what amendments will benefit the City at this time. It
also proposes changes to City requirements for the creation of priority plan check
processing for LEED certified Green Buildings, operator qualification and testing
requirements for abrasive blasting, time limits on construction permit applications,
escrow reports on residential buildings and transfer of inspection authority for sewer
capping to the Building Officer.
ADOPTION PROCESS FOR BUILDING STANDARDS
Pursuant to the Health and Safety Code, the California Building Standards Code applies
throughout the State of California. This set of building standards incorporates by
reference various model codes with amendments created by interested State agencies.
The California Building Standards Commission publishes amended codes once every
three years. One hundred and eighty days later, all cities and counties must follow the
published standards unless the local jurisdiction amends them as allowed by law.
1f=
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JUL 2 6 2005
Cities and counties may make amendments based on local topographical, geological
and climatic concerns. For amendments to be effective, the local governing body must
make specific findings that anyone or more of the aforementioned concerns is
applicable, approve an ordinance adopting the amendments and file a copy of the
express findings and local ordinance with the California Building Standards
Commission.
Local government agencies, like the City of Santa Monica, may also adopt and enforce
local energy standards if first approved by the California Energy Commission. Approval
by the California Energy Commission requires submittal of the proposed energy
standards and documentation that the new standards will produce cost effective energy
savings that are no less restrictive than the current edition of the California Energy
Code. The governing body of the local agency must also make the determination that
the local energy standards are cost effective at a public meeting. Local standards may
include early adoption of pending California Energy Code standards, additional energy
conservation measures or more stringent energy budgets.
Two or more years after filing with the California Energy Commission, any interested
party may challenge local energy standards if there has been a substantial change in
the factual circumstances supporting the cost effectiveness finding. If the governing
body of the local agency determines that the standards are no longer cost effective, the
standards become unenforceable on that date and cannot affect the issuance of a
building permit or other entitlement.
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SUMMARY OF CHANGES TO MUNCIPAL CODE REQUIREMENTS
The following changes are proposed, with additional information in the related
attachments as shown:
1. Eliminate the requirement to add fire sprinklers to existing buildings for modest
additions or alterations such as (Attachment C):
a. Additions of 750 square feet or less to buildings 1,000 square feet or less.
b. Alterations that do not expose the building construction frame.
c. Change of use of the building to a higher occupancy hazard that does not
affect more than one third of the building area.
2. Update the City's Energy Code to meet the new state laws and add priority plan
check processing for LEED certified Green buildings (Attachment D).
3. Provide city-wide approval for the use of non-water-using urinals (Attachment E).
4. Require persons doing abrasive blasting to have appropriate experience and
training in lead hazard remediation and require testing of materials subject to
abrasive blasting for lead hazard potential (Attachment F).
5. Change permit application extension and time limit rules as follows (Attachment
G):
a. remove extension of time provisions for building permit applications;
b. increase the time to obtain a building permit from six months to one year
and make this change applicable to all current permit applications filed up
to one year preceding the change;
c. increase the time to obtain a demolition permit that requires approval of a
replacement project from six months to two years and make this change
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applicable to all current applications filed up to two years preceding the
change; and
d. allow permit applications that have recently expired to use the new time
frames.
6. Remove the requirement that buyers of residential buildings have to sign and
return escrow reports to the City that inform them of the building's authorized use
and development restrictions (Attachment H).
7. Streamline City inspection requirements for the capping of sewer laterals after
building demolition by consolidating inspection authority under the Building
Officer subject to standards set by the City Engineer (Attachment I).
In addition to these changes, additional clarifying language is proposed for the building
permit application period subject to the construction rate program and the scope of
buildings subject to the Green Building standards.
BUILDING AND SAFETY COMMISSION REPORT
Staff presented the proposed changes to the technical codes at two separate meetings:
May 18, 2005 and June 15, 2005. After discussion and consideration of alternatives, the
Commission recommended approval of the proposed changes to the technical codes
with the following additional revisions:
1. Add an exemption for installation of fire sprinklers in single family dwellings with
less than one thousand square feet when they construct an additional story that
does not increase the existing floor area by more than fifty percent.
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2. Add clarifying language to the scope of buildings subject to the additional energy
conservation measures of the revised Green Building and Design standards.
Staff has revised the proposed standards to incorporate the changes recommended by
the Commission. The Commission also requested that staff return with possible
administrative remedies for staff to use to extend the time to obtain a permit when the
City is responsible for excessive delays. Under specified criteria, this process would
replace the current system of settling disputes under actual or threat of potential
litigation.
BUDGET/FINANCIAL IMPACTS
The recommendations presented in this report do not have a budgetary or fiscal impact.
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Adopt the attached resolution making findings of local climatic, geological and
topographical conditions as required to adopt local amendments to the California
Building, Energy and Plumbing Codes related to fire sprinklers in existing
buildings, additional energy conservation measures and use of non-water-using
urinals as plumbing fixtures.
2. Introduce and approve for first reading the attached ordinance that: adopts the
2005 Edition of the California Energy Code and local amendments to the
California Building, Energy and Plumbing Codes related to fire sprinklers in
existing buildings, additional energy conservation measures and the use of non-
water-using urinals as plumbing fixtures; adds new regulations related to
abrasive blasting and operator qualifications; extends time to obtain building
permits; provides priority plan checking for LEED certified Green Buildings;
changes requirements for residential building records; and transfers inspection
responsibility for sewer capping to the Building Officer.
Prepared by: Andy Agle, Interim Director of Planning and Community Development
Craig Perkins, Director of Environmental and Public Works Management
Brian Johnson, Environmental Programs Manager
Susan Munves, Energy and Green Buildings Program Administrator
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Neal Shapiro, Senior Administrative Analyst-Urban Runoff
Rich Berman, Senior Environmental Analyst - Hazardous Materials
Kim O'Cain, Water Resources Specialist
Jim Hone, Fire Chief
Jim Glew, Fire Marshal
Timothy P. McCormick, P.E. & C.B.O, Building Officer
Attachment A: Proposed Resolution
Attachment B: Proposed Ordinance
Attachment C: Changes to Fire Sprinkler Requirements for Existing Buildings
Attachment D: Local Amendments to the California Energy Code
Attachment E: Non-water-using Urinals as Plumbing Fixtures
Attachment F: New Sandblasting Regulations
Attachment G: Time to Obtain Building Permits
Attachment H: Change Of Requirements for Residential Building Record Reports
Attachment I: Transfer of Inspection Responsibility for Sewer Capping
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Attachment A
See Adopted Resolution No. 10060 (CCS)
ATTACHMENT B
City Council Meeting July 26, 2005
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 8.44.050 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO FIRE SPRINKER REQUIREMENTS IN EXISTING BUILDINGS;
AMENDING CHAPTER 8.108 GREEN BUILDING STANDARDS AND AMENDING
CHAPTER 8.36 ENERGY CODE OF THE SANTA MONICA MUNCIPAL CODE
RELATED TO ADOPTION OF THE 2005 CALIFORNIA ENERGY CODE AND
RELATED GREEN BUILDING DESIGN AND CONSTRUCTION STANDARDS;
AMENDING CHAPTER 8.32 OF THE SANTA MONICA MUNICIPAL CODE TO
PERMIT THE USE OF NON-WATER-USING URINALS AS PLUMBING FIXTURES;
AMENDING SECTION 8.08.170 RELATED TO SANDBLASTING REGULATIONS;
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 8.08.060 PERMIT
APPLICATION, EXTENSION AND RENEWAL TO REMOVE APPLICATION
EXTENSION PROVISIONS AND EXTEND THE TIME TO OBTAIN A PERMIT FOR
ALL CATEGORIES WITH ADDITIONAL TIME FOR PERMIT APPLICATIONS
SUBJECT TO THE CONSTRUCTION RATE PROGRAM OF SANTA MONICA
MUNICIPAL CODE SECTION 9.04.10.02.450;
AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.08 REPORT OF
RESIDENTIAL BUILDING RECORDS TO REMOVE RETURN REQUIREMENTS OF
SIGNED DOCUMENTS AND ADD STATE MANDATED LANGUAGE FOR SCOPE
AND NONCOMPLIANCE
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 704.610 SEWER
CAPPING RELATED TO TRANSFER OF INSPECTION AUTHORITY
WHEREAS, on October 8, 2002, the City Council adopted Ordinance Number
2054 (CCS), which adopted by reference certain Technical Codes, the Santa Monica
local amendments to these Technical Codes and the California Building Standards
Code; and
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WHEREAS, Health and Safety Code Section 18938 provides that the triennial
edition of the California Building Standards Code establishes building standards for all
occupancies throughout the State and requires that these standards incorporate the
latest editions of the Technical Codes with necessary California amendments; and
WHEREAS, Health and Safety Code Section 18941.5 provides that the City may
establish more restrictive building standards if they are reasonably necessary due to
local climatic, geological or topographical conditions; and
WHEREAS, the City Council has considered the 2001 edition of the California
Building, Energy and Plumbing Codes, which incorporates by reference the 1997 edition
of the Uniform Building Code and the 2000 edition of the Uniform Plumbing Code
respectively, and all of the referenced standards, tables, matrices and appendices of
these codes; and
WHEREAS, based upon the findings contained in the Resolution adopted
concurrently with this Ordinance, the City Council has found that certain modifications
and additions to the California Building, Energy and Plumbing Codes are reasonably
necessary based upon local climatic, topographical and geological conditions; and
WHEREAS, in July of 2005, the State Building Standards Commission approved
and published the 2005 edition of the California Energy Code with an effective date of
October 1, 2005; and
WHEREAS, in June 2000, the City submitted proposed local energy standards
and documentation that the new standards will produce cost effective energy savings
that are no less restrictive than the current edition of the California Energy Code and
such additional local requirements were approved by the California Energy Commission
as required by law; and
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WHEREAS, based upon the findings contained in its previously approved cost
effective study, the City Council has found that certain modifications and additions to the
2005 California Energy Code remain reasonably necessary based upon cost effective
considerations to preserve natural resources and promote additional energy
conservation measures beyond those found in the 2005 California Energy Code; and
WHEREAS, a number of conditions exist that have reduced the long-term
reliability of adequate water supplies for the City and the region, due in part to the
limited rainfall and recurring droughts in Southern California and the West; and
WHEREAS, the City of Santa Monica currently imports approximately ninety
percent of the potable water it provides to its residential, commercial and institutional
water customers from the Sacramento Bay-Delta and Colorado River; and
WHEREAS, the City of Santa Monica adopted the Sustainable City Plan, which
recommends a twenty percent water demand reduction by the year 2010 through water
conservation programs; and
WHEREAS, the City signed a memorandum of agreement with the California
Urban Water Conservation Council in 1991 to meet best management practices
including offering financial incentives and installations of water-efficient devices for
residential, commercial and industrial water customers; and
WHEREAS, the City has an interest in the evaluation of, and when appropriate,
installation of innovative and reliable water-saving devices to make a significant
contribution to achievement of the City's Sustainable City Plan goal of a 20% reduction
in city-wide water demand; and
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WHEREAS, non-water-using urinals require no flush. water to operate and
industry studies suggest that each such urinal can save up to 40,000 gallons of water
per year; and
WHEREAS, for over ten years, non-water-using urinals from various
manufacturers have been installed at many locations throughout the United States and
Europe; United States Federal Government, Executive Order 13123 requires federal
agencies to use water conserving fixtures as part of their Best Management Practices,
including non-water-using urinals; the State of California, Department of State
Architect, has established criteria for use of non-water-using urinals in all State buildings
including schools; the States of Arizona and Oregon have already amended their
plumbing code to allow the use of non-water-using urinals; and
WHEREAS, the City's Building and Safety Officer has recently granted alternate
method of construction approvals for the use of these urinals on a case-by-case basis
as permitted by existing code provisions in new and existing City facilities and the City
desires to modify the existing plumbing code to allow the use of non-water-using urinals
on a more widespread basis (private and public) in Santa Monica so that individual
approvals are no longer required; and
WHEREAS, exposure to lead can adversely affect public health and safety from
hyperactivity, irritability, sleeplessness, lack of concentration, behavioral problems, and
learning disabilities in mild exposures to hearing problems, headaches, nausea,
vomiting, abdominal pain, loss of appetite, constipation, muscle soreness, anemia,
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neurological impairments such as stumbling or loss of concentration, seizures,
encephalopathy, and coma in heavy concentrations; and
WHEREAS, in recent years there has been increasing concern from exposure to
lead from paint, the Center For Disease Control (CDC) recently stated that there is no
evidence of a threshold blood lead level in children below which adverse effects are not
experienced and state law declares that childhood lead exposure represents the most
significant childhood environmental health problem in the state today; and
WHEREAS, the City of Santa Monica wishes to provide adequate protection for
its citizens, residents, and visitors of all ages from the exposure of lead hazards during
abrasive blasting activities by requiring adequate testing of materials containing lead
hazards and certification of persons performing abrasive blasting work; and
WHEREAS, the City of Santa Monica strives to have a permit process that is
reasonable and efficient; and
WHEREAS, many applicants fail to obtain a building permit under the current
time frame; and
WHEREAS. almost all current applicants that request an extension of time to
obtain their building permits are properly granted such extension under existing
standards, which gives in affect two years to obtain a demolition permit for a project
subject to the replacement project requirements of Section 9.04.10.16.010 and
approximately one year to obtain all other permits; and
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WHEREAS, current municipal code provisions exist that extend the time for City
approvals and permits necessary to commence projects subject to the construction rate
program of Santa Monica Municipal Code Section 9.04.10.02.450; and
WHEREAS, the City desires to harmonize these provisions with the existing
requirements for allowable time to obtain a building permit and use of current building
standards on permits that do not start work within 180 days of issuance; and
WHEREAS, the City wishes to increase operational efficiency and reduce
unnecessary review and approval of permit extension requests that are normally
granted under current regulations and grant additional time to applicants for building
permits to obtain their permits without the filing of additional paperwork and requests
while still maintaining a reasonable time period for when projects must comply with
newer community standards: and
WHEREAS, pursuant to Article 6.5 (Commencing with Section 38780), Chapter
10, Part 2, Division 3, Title 4 of the Government Code of the State of California, a city by
ordinance may provide that prior to the sale or exchange of any residential building, the
owner or his/her authorized agent shall obtain from the city a report of the residential
building record showing the regularly authorized use, occupancy, and zoning
classifications of such property; and
WHEREAS, such state law requires the inclusion of certain language for the
failure to provide such a report and defines exceptions to these requirements; and
WHEREAS, the City of Santa Monica has adopted such an ordinance to provide
buyers with important information related to City records and requirements; and
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WHEREAS, the City desires to make necessary changes mandated by state law
and eliminate the unique requirement for the return of the report signed by the buyer
and clarify the six month validity of the information:
WHEREAS, the City wishes to simplify its construction inspection activities where
appropriate to improve customer service and operational efficiency and such an
opportunity for improvement currently exists in the inspection of sewer capping related
to demolition permits:
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOllOWS:
SECTION 1. Chapter 8.44.050 of the Santa Monica Municipal Code is hereby
amended to read as follows:
8.44.050 Requirements for automatic fire extinguishing and protection sprinkler
systems.
(a) When Required. An approved automatic fire sprinkler system shall be
installed as set forth in this Chapter under the following conditions:
(1) In all newly constructed buildings, without regard to floor area or area
separation walls except detached one-story two-car residential garages (including minor
accessory uses such as laundry areas or bathrooms under one hundred square feet)
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provided that the new garage is located a minimum of six feet away from any other
building on the same lot.
(2) Throughout any existing building, when there is a change in occupancy
classification to a more hazardous Division, as shown in Table 8.44-A below or as
determined by the Fire Chief, in 33% or more of the existing buildinq floor area within
three calendar years.
TABLE 8.44-A1
DEGREE OF OCCUPANCY HAZARD
Rank Occupancy Class
1. Groups E and I
2. Groups A, Divisions 2 and 2.1
3. Group R, Division 1 and Group A, Division 3
4. Group H, Divisions 1, 2 and 6
5. Group H, Division 3,4, 5, 7 and 8
6. Groups B, F, and M; Group S, Divisions 1 and 2
7. Group S, Divisions 3, 4 and 5
8. Group R, Division 3
9. Group U, Division 1
1To use the table - Step 1. Find the existing Occupancy Classification or
Division in the Occupancy Class column. Step 2. If the new Occupancy Classification or
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Division is ranked above the existing class, then the entire building requires a full
automatic fire sprinkler system.
(3) Throughout any existing building qreater than one thousand square feet,
whenever more than fifty percent cumulative, of the existing floor area, including
mezzanines, is added to and/or remodeled within three calendar years.
(4) Throuqhout any existinQ buildinq one thousand square feet or less. whenever
more than seventy five percent cumulative. of the existing floor area, includinq
mezzanines. is added within three calendar years.
Throughout ::my existing one story building \Nheneyer more th::m fifty percent of
the roof structure is exposed.
(5) Throughout any existing building greater than one thousand square feet,
whenever more than fifty percent of the interior and exterior walls or partitions and
ceilinqs are exposed.
(6) Throughout any existing buildinq one thousand square feet or less. whenever
more than seventy five percent of the interior and exterior walls and ceilinqs are
exposed.
tejill Throughout any existing building other than a sinqle family dwellinQ.
whenever an additional story is added.
Except in an existing single family dwelling, when the added story does not increase
existing permitted floor 3m3 by more th3n thirty three and one third percent.
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(8) Throughout any single family dwellinq qreater than one thousand square feet,
whenever an additional stOry is added and the new floor area for the additional stOry
increases the existing floor area by more than thirty-three and one-third percent.
(9) Throuqhout any sinqle family dwellinq one thousand square feet or less,
whenever an additional stOry is added and the new floor area for the additional stOry
increases the existing floor area by more than fiftv percent.
f71{1.Q} Throughout any existing building or structure determined to be used
primarily for public assembly more than five thousand square feet in total floor area.
This subsection shall not apply to buildings or structures with an approved full automatic
fire sprinkler system or to churches and theaters with fixed seating.
{81 {1.1)Throughout the entire floor of any existing non-residential building
equipped with a partial fire sprinkler system whenever more than fifty percent of the
floor space is altered or reconfigured.
(b) Exceptions. The requirements of subsection (a) above shall not apply to:
(1) Hospitals as defined in Health and Safety Code Section 1250.
(2) Buildings used exclusively as open parking garages.
(3) Buildings such as power plants, lookout towers, steeples, grain houses, and
similar structures with noncontinuous human occupancy only when so determined by
the Fire Chief.
(4) Buildings owned by any public agency or school district.
(c) When a fire sprinkler system is required in any building that does not have a
designated occupant and use at the time fire sprinkler plans are submitted for approval,
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the system shall be designed and installed to deliver a minimum density of not less than
that required for Ordinary Hazard, Group 2, with a minimum design area of not less than
three thousand square feet.
When a subsequent change in occupancy classification requires the fire sprinkler
system to deliver a higher minimum density, it shall be the responsibility of the building
owner to upgrade the system to the required density for the new use.
SECTION 2. Section 8.080.170 of the Santa Monica Municipal Code is hereby
amended to read as follows:
8.08.170 Abrasive Blastinq Sandbl::lsting Regulations.
(a) Purpose. The purpose of this Section is to establish minimum standards for
abrasive blastinq; to safequard property and public welfare; and to reduce human
exposure to noxious materials such as lead and asbestos.
(b) Definitions. The followinq words or phrases, as used in this Section shall
have the followinq meanings:
"Abrasive material" shall mean any material used in an abrasive blastinq
operation includinq but not limited to sand slag, steel shot, garnet or walnut shells.
"Abrasive Blastinq" shall mean the c1eaninq or preparinq of a surface by forcibly
propellinq a stream of abrasive material aqainst the surface.
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"Certified Lead Inspector/Assessor" shall mean an individual who is currently
certified in accordance with CCR Title 17 ~35005.
"Certified Lead Proiect Desioner" shall mean an individual who is currentlY
certified in accordance with CCR Title 17 ~35006.
"Certified Lead Proiect Monitor" shall mean an individual who is currently certified
in accordance with CCR Title 17 ~35007.
"Certified Lead Supervisor" shall mean an individual who is currently certified in
accordance with CCR Title 17 ~35008.
"Certified Lead Worker" shall mean an individual who is currently certified in
accordance with CCR Title 17 ~35009.
"Lead-Contaminated Dust" shall mean lead-contaminated dust as defined
pursuant to CCR Title 17 ~35035.
"Lead-Contaminated Soil" shall mean lead-contaminated soil as defined pursuant
to CCR Title 17 ~35036.
"Lead Hazard" shall mean lead hazard as defined pursuant to CCR Title 17
~35037.
"Lead-Related Construction Work" shall mean lead-related construction work as
defined pursuant to CCR Title 17 ~35040.
faj fg} Permit Required. No person shall do any exterior abrasive blasting
sandblasting within the City without first obtaining a permit. A permit shall be required
for each separate work location or contractor. A permit issued pursuant to this Section
shall require compliance with all local. state, and federal reoulations, includino but not
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limited to waste disposal. urban runoff control. and asbestos emission control per the
South Coast Air Quality Management District Rule 1403.
fI31@ Application. To obtain a permit, the applicant shall file an application with
the Building Officer ~md S3f-oty Division. Each application shall state the location, name
and address of the responsible party, estimated times abrasive blasting sandblasting
will take place, amount of insurance for property damage and public liability that the
applicant carries, aM the name of the insurance company issuing the policy and the
contractor Qualifications.
(e) Required Test Submittal Documents. Each application for abrasive
sandblastinq shall also include a determination of the lead content of each surface(s) to
be abraded and shall be made by a Certified Lead Inspector/Assessor. This
determination shall be based on a representative sample of paints chips. Samples shall
be collected in accordance with a sampling plan developed for each separate work
location. Samples shall be analyzed by a laboratory currently accredited by the State of
California Department of Health Services - California Environmental Laboratory
Accreditation Program (ELAP). Analysis of surface coatings and materials shall be
performed in.a manner that meets the requirements of subsection (d)(9) and subsection
(n)(4) of Title 8 California Code of ReQulations Section 1532.1
(0 Qualifications. Where the lead content of a surface(s) is below 600 parts per
million (ppm), the contractor shall be required to have a California State Licensinq
Board license with a specialty contractor classification C61 (D38 Sand and Water
Blastinq) per CCR Title 16, Division 8, Article 3. Where the lead content of surface(s) is
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600 ppm or qreater the contractor shall be required to have a California State Licensing
Board license with a specialty contractor classification C61 (D38 Sand and Water
Blastinq) per CCR Title 16, Division 8, Article 3. In addition, individuals who perform all
work includinq the preparation of the work plan, abatement, and clearance shall be
properly Qualified in accordance with CCR Title 17, Division 1, Chapter 8, Article 1,
Section 35001 et seo. Lead abatement plans shall be prepared bv a Certified Lead
Proiect Desiqner or Lead Proiect Monitor; lead abatement work shall be performed by a
Certified Lead Supervisor(s) and Certified Lead Worker(s). All clearance work shall be
performed by a Certified Lead I nspector( s)! Assessor( s) or a Certified Lead Proiect
Monitor(s).
(0) Lead Hazard. No person shall perform lead-related construction work on anv
surface in a manner that creates a lead hazard pursuant to California Health and Safety
Code ~1 05255 (a). Where lead concentrations in paint are 600 ppm or qreater and
abrasive blastinq has been performed, a clearance inspection shall be performed by a
Certified Lead Inspector/Assessor. In no case following abrasive blasting shall residual
soil concentrations of lead exceed 400 ppm. unless a prior determination established a
background lead concentration in soil above 400 ppm, in which case no residual soil
concentration of lead shall exceed the backqround levels
ts11.t!1 Noise Restrictions. No abrasivo blasting shall be permitted before 8:00
a.m. or after 6:00 p.m. Monday through Friday, and before 9:00 a.m. or after 5:00 p.m.
Saturday, nor on a Sunday or legal holiday unless a special permit for such 'Nork is
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issued under Municipal Code Section 4.12.140. Abrasive blastinq shall comply with the
noise standards of Municipal Code Section 4.12.110.
(i) Dry Sandblastinq Limits. No dry abrasive blastinq sandblasting shall be
permitted except upon special permission of the Building Officer. Permission shall be
granted only in those situations where wet abrasive blasting sandblasting cannot be
done due to unique circumstances. Any application for dry abrasive blastinq
sandblasting shall state thereon the reasons why wet abrasive blasting sandblasting
cannot be used and the additional precautions that will be taken to protect the public.
(i) Notice Prior to Abrasive Blasting. A minimum of three days notice shall be
given to owners, tenants and occupants of all structures within one hundred fifty feet of
the site on which abrasive blastinq s~::mdbI3sting is to be done.
(k) Additional Requirements. At the Buildinq Officer's discretion. restrictions in
addition to the standards set forth in this chapter may be imposed on a case-by-case
basis. when such additional restrictions are necessary to protect the public health and
safety.
SECTION 3. Section 8.32.060 is hereby added to the Santa Monica Municipal
Code is to read as follows:
8.32.060 Non-Water-Usinq Urinals As Plumbinq Fixtures
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(a) Purpose. This section is intended to oromote the efficient use of water as a
natural resource and reduce the local need for reliance on imported water for daily
consumption.
(b) Scope. Notwithstandinq any California Plumbinq Code requirements to the
contrary, this section establishes voluntary standards for the use of non-water-using
urinals as olumbinq fixtures in all occuoancies and tvoes of construction throuqhout the
City.
(c) Definitions.
"NON-WATER-USING URINALS" shall mean urinal plumbinq fixtures desiqned
to receive and convey only liquid waste (urine) throuqh a trap seal and into the qravity
drainaqe system without the use of water for such function.
(d) Material Standards. Fixtures shall be manufactured in compliance with the
requirements for ASME A 112.19.2M-1998. American National Standard for Vitreous
China Plumbinq Fixtures. American Society of Mechanical Engineers or ANSI Z124.9-
1994. American National Standard for Plastic Urinal Fixtures. American National
Standards Institute. Fixtures shall be permanently marked with the manufacturer's name
and model number or description.
(e) Testinq and Listinq Requirements. Testing laboratories and test reports shall
comply with ICC Acceptance Criteria for Test Reports (AC85) and Section 4.2 of the
ICC-ES Rules of Procedure for Evaluation Reports. Reports of tests showing
conformance of the units to the material standards shall be submitted for approval by an
approved testinq aqency. Evaluation shall use the ICC Evaluation Guideline EG267.
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Evaluation Guideline for Non-water-usina Urinals Used as Plumbinq fixtures. effective
September 1. 2004 for review criteria.
Non-water-using urinals approved under an ICC Evaluation Service. Inc (lCC-
ES) evaluation report shall be considered to comply with the requirements of this
subsection.
(e) Installation and Maintenance. Fixtures shall be installed and maintained in
accordance with the manufacturer's instructions. any recoQnized listing or approval
requirements and all other applicable provisions of the California PlumbinQ and
California BuildinQ Code. Potable water supply shall be provided but not connected to
each fixture location. The owner of the buildinQ shall provide and maintain a
maintenance 10Q near the fixture that records the frequency of seal and trap
replacements. Such maintenance 10Q shall be available during. operating hours for
inspection by the BuildinQ Officer.
SECTION 4. Chapter 8.36 of the Santa Monica Municipal Code is hereby
amended to read as follows:
8.36.010 Adoption.
That certain document entitled "California Energy Code, 1 gga Edition," "2005
Building Energy Efficiency Standards-Standards for Residential and Nonresidential
Buildinas" which fs incorporates Part 6 of Title 24 and Article 1 of Part 1 of the California
Code of Regulations, as published by the California Building Standards Commission
and the International Conference of Building Officials California EnerQY Commission is
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hereby adopted as the Energy Code of Santa Monica, subject to the provisions of
Chapter 8.108 Green Building Desiqn and Construction Standards.
SECTION 5. Chapter 8.108 of the Santa Monica Municipal Code is
hereby amended to read as follows:
8.108.020 Scope.
The provisions of this chapter shall apply to all new buildings, and existing
buildings whose repair, alteration or rehabilitation costs exceed 50 percent of their
31
replacement cost as determined by Section 8.84.040 except (a) one-and-two-family
dwellings and their accessory structures and (b) qualified historic buildings as defined in
the State Historic Building Code (Title 24, Part 8).
8.108.030 Compliance Methods.
(a) Except as provided in subsections (b) and (c) of this Section, the onvolope,
spaco conditioning, lighting and service '."later hoating systoms of all buildings subject t.o
the provisions of this chapter shall be designed, constructed and installed to use no
more sourco energy from non reno'Nable sources than the allmvable energy budget
calculated in accordance 'Nith the performance approach set forth in Chapter 8.36 and
reducod in accordance \Nith Section 8.108.0-10.
(b) Multi family residential buildings that have three or less habitable stories may
use the prescriptive approach set forth in Chapter 8.36 for the envelope, sp;Jce
conditioning, lighting and servico '.vater heating systems if these buildings also meet the
following requirements:
(1) all 'Nindows and glass patio doors are equipped '.vith double glazed, 10'1.'
emissivity glazing, 'Nith center of glass U value not more than 0.32 Btu/(hr.sq.ft. deg. F.),
;Jnd Sol;Jr Heat G;Jin Coefficient not more than 0.37;
(2) fixed lighting fixtures installed within the dwelling units have a combined
average officacy of not less than 40 lumons per watt;
(3) water heaters have a minimum energy factor of 0.60; and
32
("1) space cooling appliances (if installed) have a Thermostatic Expansion Valve,
or a Se::u>onal Energy Efficiency Ratio (SEER) of not less than 12.
(c) VVhen building designs, materials or devices cannot be adequately modeled
by the performance approach, alternate calculation methods may. be used 'Nhen
approved by the Calif{)rnia Energy Commission pursu3nt to their 3dministrative
regulations for exceptional methods.
8.108.010 Reductions in Allowable Energy Budgets.
Allowable energy budgets shall be the allo\Nablo energy budget determined in
accordance 'Nith Chapter 8.36 and reduced by the following factors for the occupancy
types sho'Nn in Table 8.108 A. Required reduction factors for occupancies not sho'Nn in
Table 108 A shall be determined by the Building Officer for tho most similar energy
consuming use.
Table 8.108 A
Required Reduction Factors f{)r Allowable Energy Budgets
- -
Multi family residences .:t-()%
Hotols and motels -ia%
- -
33
Commerci31 3nd institution31 offices ~
- -
Light industrial .:t-a%
ROt3il 4-9-%
'IVhen determining compliance with the percentage reduction, alternate
c31cul3tion methods that consider energy s3vings in 3ddition to those recognized in
Chapter 8.36 may be used 'Nhen approved by the Building Officer. These savings may
include, but are not limited to, efficiency of fan systems with motors less th3n twenty five
horsepO'."Jer and gar3go yontil3tion controls.
8.108.050 8.108.030 Use of Recycled Construction Materials.
All new buildings subject to the provisions of the chapter shall be built with a
minimum of four major construction materials that have a post-consumer recycled
content that meets the Environmental Protection Agency (EPA) recycled content
guidelines as set forth in the Comprehensive Guideline for Procurement of Products
Containing Recovered Materials (CPG) and the Recovered Materials Advisory Notices
(40 CFR Part 247), or any successor publication. Building and Safety Division shall
maintain copies of the most recent guidelines issued by the EPA. Major construction
34
materials are those materials that serve a structural, partitioning or finishing function
throughout the building or cover more than one-half of the floor, roof or wall surfaces.
8.108.060 8.108.040 Additional Mandatory Features for ,A.l1 Buildings.
All buildinos subiect to the provisions of the chapter shall comply with the
followino standards:
(a) Solar Water Heating. Solar collectors shall be the primary source to heat
swimming pool water and to preheat industrial process water, including but not limited
to, car washes and laundries.
(b) Pipe Insulation. All hot water distribution and recirculating system piping shall
be thermally insulated from the heater to the end-use fixtures. Pipe insulation shall
have R-value equal to R-4 for piping 2 inches or less in diameter and R-6 for larger
piping. The R-value specified shall not be exceeded.
(c) Heat Traps. Heat traps shall be provided on the inlets and outlets of
non-circulating hot water heaters and tanks to reduce the buoyancy-induced flow of hot
water through the piping. Bent piping for heat traps shall have a minimum external
diameter of twelve inches.
Section 8.108.050 Priority Plan Check Processino for LEED Certified Buildinos.
(a) New buildinos and existino buildinos repaired, altered or rehabilitated in an
amount exceedino fifty percent of their replacement cost as determined in Section
8-44.040 of this code, that are reoistered with the United States Green Buildina Council
for certification. under the Leadership in Eneroy and Environmental Design Green
Buildina Ratino System (LEED), includino LEED for Homes (LEED-H), LEED for New
35
Construction (LEED-NC). and LEED for Core and Shell (LEED-CS). shall receive
priority plan check processinq by all City departments.
Registering for LEED certification for Commercial Interiors (LEED-CI) or LEED
for Existinq Buildinqs (LEED-EB) does not qualify projects for expedited plan check
processinq pursuant to this Section.
(b) All applicants wishinq to receive priority plan check processinq pursuant to
subsection (a) of this Section must submit their LEED checklist to the City indicating all
of the credits they intend to pursue. Applicants must also clearly specify the materials.
systems and strateqies they will use to achieve the credits in the plans submitted to the
City for plan check approval.
(c) The City Council may establish. by resolution. a fine to be imposed on
projects that fail to achieve LEED certification for any project that received priority plan
check processinq pursuant to this Section.
SECTION 6. Section 8.08.060 of the Santa Monica Municipal Code is hereby
amended to read as follows:
8.08.060 Permit Application, Extonsion ::md Rene'Nal
(a) Application. To obtain a permit, the applicant shall first file an application in
writing on a form furnished by the Building Officer for that purpose. Every such
application shall identify and describe the work to be covered by the permit for which
each application is made. the responsible party for the work and such other information
that the Building Officer may require to show conformance to applicable laws and
36
regulations. When an architect or engineer prepares or is required to prepare submittal
documents, the application shall designate the architect and/or engineer of record.
(b) Submittal Documents. When required by the Building Officer, plans,
specifications, engineering calculations, diagrams, soil investigation reports, sound
tests, material tests, special inspection and structural observation programs and other
data shall be submitted with each application for a permit. When an architect or
engineer does not prepare such plans, the Building Officer may require the applicant
submitting such plans or other data to demonstrate that state law does not require that a
licensed architect or engineer prepare the plans before accepting submittal documents
or permit application.
Deferral of any submittal items shall require prior approval of the Building Officer.
If the Building Officer approves the deferral of submittals to a time after permit issuance,
the approved plans shall list the deferred submittals. The deferred submittal items shall
not be installed until the Building Officer has approved their design and submittal
documents.
(c) Investigation. Whenever work for which a permit is required by this chapter
has been commenced without first obtaining a permit, a special investigation shall be
made before a permit may be issued for such work when so ordered by the Building
Officer.
(d) Information on Plans and Specifications. Plans and specifications shall be
drawn to scale on substantial paper and shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and show in detail that it will conform
to the provisions of all relevant laws, ordinances, rules and regulations. Plans for
buildings of other than one and two family dwellings and their accessory structures shall
37
also indicate how required structural and fire-resistive integrity will be maintained where
penetrations will be made for electrical, mechanical, plumbing and communication
conduits, pipes and similar systems.
(e) Special Inspection and Structural Observation Program. When the Building
Code requires special inspection and/or structural observation, the architect or engineer
of record shall prepare an inspection program which shall be submitted to the Building
Officer for approval prior to issuance of the building permit. The inspection program
shall designate the portions of the work to have special inspection, the name or names
of the individuals or firms who are to perform the special inspections and indicate the
duties of the special inspectors, including any required non-destructive testing.
The Building Officer, or when approved by the Building Officer, the owner, the
engineer or architect of record, or an agent of the owner, but not the contractor or any
other person responsible for the work, shall employ the special inspector. When
structural observation is required, the inspection program shall name the individuals or
firms who are to perform structural observation and describe the stages of construction
at which structural observation is to occur. The inspection program shall include
samples of inspection reports and provide time limits for submission of reports_
(f) Preconstruction Meetings. The Building Officer may require the permit holder
to participate in a preconstruction conference prior to the completion of plan review and
permit issuance to review the plans and specifications for adequacy and sufficiency of
details and conformance to building standards and interpretations.
(g) Change of Architect or Engineer of Record. If the circumstances require, the
owner may designate a substitute architect or engineer of record who shall perform all
the duties required of the original architect or engineer of record. In such cases, the
38
owner shall notify the Building Officer in writing if the architect or engineer of record is
changed or is unable to continue to perform the duties. The architect or engineer of
record shall be responsible for reviewing and coordinating all submittal documents
prepared by others, including deferred submittal items, for compatibility with the design
of the building.
(h) Expiration of Application for Permit. Except as provided below, Applications ~
permit application shall expire if for 'Nhioh no permit is issued within one year 180 days
following after the date ef the permit application is filed. shall expire by limitation, and
plans and other data submitted for review may thereafter be returned to the applicant or
destroyed by the Building Officer. The Building Officer may extend the time for action by
the applicant for a period not exceeding 180 days on written request of the applicant
prior to the oxpir::ltion date sho'Ning that circumstances beyond the control of the
applicant have prevented action from being taken.
(1) An application for a demolition permit sh::lll not be extended more than once
except that applications for the demolition of residential buildings and structures which
are subject to the replacement project requirements of Section 9.04.10.16.010, which
::lre submitted as part of the revie\,v process for Article IX approvals. shall not be
extended more than throe timos. shall expire if no permit is issued within two years
following the date the application is filed.
(2) An application for a permit for a proiect subiect to the construction rate
proQram of Section 9.04.10.02.450 shall not expire while that proiect remains on the
waitinq list for a buildinq permit.
An application shall not be extended if this code or any pertinent la'A's or
ordinances have been amended subsequent to the date of application.
39
lli..(i) Rene\",al. In order to renew action on an application after expiration, the
~pplicant shall resubmit plans ~nd p;:ty a no'f'\' pkm roview fee unless othOlv:ise
approved by tho Building Officer. The Building Officer may renew issue a permit for
work shown on an expired application for a permit without requiring the re-submittal of
plans and payment of a plan review fee provided:
ffi.} fit No changes have been made or will be made to the original plans and
specifications except as required by the original plan review; and
fill (2j No pertinent laws or ordinances have been amended subsequent to the
date sf the original application was filed; and
!.Q) ~ The time allowed to obtain the permit does not exceed thirteen months
one vear and one month from the date sf the original application was filed; and
@ ffi Any approvals granted under Article IX of the Municipal Code are still
valid and have not expired; and
(E) Circumstances beyond the control of the applicant have prevented action
from beinq taken.
(4) In addition to new applications. the provisions of this subsection shall apply to
all current applications for demolition permits subiect to the replacement proiect
requirements of Section 9.04.10.16.010 filed within two years precedinq the effective
date of this ordinance and to all other current applications for permits filed within one
year precedinq the effective date of this ordinance.
(5) Except as provided in this section. no action may be taken on an application
after expiration. Plans and other data submitted for review mav thereafter be returned to
the applicant or destroyed by the Building Officer. To obtain a permit, applicants shall
submit a new application. new submittal documents and pay a new plan review fee. All
40
applicable standards in affect at the time of the new application shall then apply to the
proiect.
SECTION 7. Chapter 9.08 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Chapter 9.08 Report of Residential Building Records
9.08.010 Intent.
Pursuant to Article 6.5 (Commencing with Section 38780), Chapter 10, Part 2,
Division 3, Title 4 of the Government Code of the State of California, it is the intent of
the City Council to assure that the grantee of a residential building within the City shall
be furnished a report of matters of City record pertaining to the authorized use,
occupancy and zoning classification of real property prior to sale or exchange. It is the
further intent to protect the unwary buyer of residential property against undisclosed
restrictions on the use of the property.
(
9.08.020 Scope
This chapter shall apply to all residential buildings as defined herein except for
the first sale of a residential buildinq located in a subdivision whose final map has been
approved and recorded in accordance with the Subdivision Map Act not more than two
years prior to the first sale.
9.08.020 9.08.030 Definitions.
41
(a) "Owner" shall mean any person, copartnership, association, corporation or
fiduciary having legal or equitable title or any interest in any real property.
(b) "Residential building" shall mean any improved real property designed or
permitted to be used for dwelling purposes, situated in the City and shall include the
building or structures located on said improved real property.
(c) "Agreement of sale" shall mean any agreement or written instrument which
provides that title to any property shall thereafter be transferred from one owner to
another owner.
9.08.030 9.08.040 Report required.
Prior to entering into an "agreement of sale" or exchange of any residential
building, the owner or his/her authorized representative shall obtain from the City a
report of the residential building record showing the regularly authorized use,
occupancy, and zoning classification of such property. Said report shall be valid for a
period not to exceed six months from date of issue. This report may be used by the
owner or the owner's authorized representative to meet the requirements of this chapter
for a period of six months from the date of issuance by the City.
9.08.010 9.08.050 Application.
Upon application of the owner or his/her authorized agent and the payment to the
City of the designated fee, the Director of Planning Buildinq Officer shall review
pertinent City records and deliver to the applicant a report of residential building records
which shall contain the following information insofar as it is available.
(a) The street address and legal description of subject property.
42
(b) The zone classification and authorized use as set forth in this Code.
(c) The occupancy as indicated and established by permits of record.
(d) Variances, conditional use permits, exceptions, and other pertinent legislative
acts of record, and
(e) Any special restrictions in use or development which may apply to the
subject property.
9.08.050 9.08.060 Delivery of report.
The report of residential building record shall be delivered by the owner, or the
authorized designated representative of the owner to the buyer or transferee of the
residential building prior to the consummation of the sale or exchange. The buyer or
trancferee choll execute 0 receipt therefor as furnished by the City and said receipt shall
be delivered to the Planning Department as evidenco of compliance '.\lith the provisions
of this Ch:Jptor.
9.08.070 Criminal Sanctions
It shall be unlawful for the owner of a residential buildina to sell or exchanae a
residential buildina without first havinq obtained and delivered to the buyer a report of
residential building record in accordance with the requirements of this chapter.
9.08.080 Validity of Sale
No sale or exchanae of residential property shall be invalidated solely because of
the failure of any person to comply with any provision of this chapter unless such failure
43
is an act or omission which would be a valid qround for rescission of such sale or
exchanqe in the absence of this chapter.
SECTION 8. Section of the Santa Monica Municipal Code is hereby amended to
read as follows:
7.04.610 Sewer capping.
(a) Before When the Building Officer shall issue issues a building demolition
and/or moving permit, 3 permit must be secured from the Street Superintendent the
scope of work for that permit shall include 10 cap capping the sanitary sewer at within
five feet of the property line.
(b) Upon receipt of an application to cap a se'Ner connection at the property
line, the Street Superintendent shall issue a sower capping permit upon the payment of
a fee in the sum of ten dolkus for each permit issued, which fee shall include one
inspection only. A fee of ten dollars shall be charged for each additional inspection
required. The perniit shall become void at the same timo the building demolition or
moving permit, as the case may be, becomes 'Ioid.
tsj An owner or possessor of land shall, within five days after demolition or
removal of any structure upon the land to which a sewer is attached, cause the sewer to
be capped at within five feet of the property line. The capped sewer shall not be
backfilled until inspected by the Department of Public \^!orks Buildinq Officer.
SECTION 9. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
44
inconsistencies and no further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 10. If any Section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every Section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 11. Section 5 of this ordinance shall be effective on October 1, 2005.
SECTION 12. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary
thereof to be published once in the official newspaper within 15 days after its adoption.
This Ordinance shall become effective 30 days from its adoption except as provided in
Section 11.
APPROVED AS TO FORM:
~~Q~~~
MA HA JO S MOUTRI E
City Attorney
45
ATTACHMENT C
CHANGES TO FIRE SPRINKLER REQUIREMENTS FOR EXISTING BUILDINGS
The Santa Monica Municipal Code contains several local amendments to the building
standards found in the California Building Code related to fire sprinkler requirements in
buildings. These amendments are necessary due to a number of unique local conditions
including climate, parcel configuration, age of structures, water supply, proximity to
seismic activity and ground water. These amendments required fire sprinklers in all
new construction and in alterations to existing buildings when considered reasonable
under the proposed scope of work.
Questions have been raised about the reasonableness and equity of the current
regulations for modest additions to small buildings. The current regulations use a
percentage of the existing floor area as the trigger (50 percent) and there is no minimum
square footage that must first be exceeded. As a consequence, modest additions to
small houses require the added expense of fire sprinklers throughout, while extensive
additions to larger homes do not trigger this requirement. To achieve a more equitable
result to homeowners trying to make early 20th century housing fit modern lifestyle
needs, staff proposes that the percentage be raised from 50 percent to 75 percent for
buildings less than 1,000 square feet in size. This rule change would establish a
reasonable minimum and be easy to understand and enforce.
Another concern about the current regulations exists for requiring sprinklers in existing
buildings when the occupancy changes to a higher risk category. Small floor area
changes in building use can trigger the requirement to install sprinklers throughout a
46
building without the need to cross a minimum threshold or floor area, as required for
additions. For example, a homeowner can add 400 square feet to a 1,000 square foot
dwelling without triggering the fire sprinkler requirement but converting an attached
garage of the same size to habitable space would require fire sprinklers throughout the
dwelling. Staff recommends that fire sprinklers be required when one third or more of
the floor area changes occupancy.
One final concern exists for defining when remodel work should require the addition of
fire sprinklers. Existing language is sometimes difficult to apply when the scope of work
affects the entire floor area but is minor in scope. For instance, a new plaster ceiling
finish can involve all of the floor area for a remodel. As written, one could require the
building to have fire sprinklers since more than 50% of the floor area was "remodeled."
Staff has recommended language to clarify the intent of this section to apply when only
exposed building construction makes the installation of fire sprinklers reasonable and
economical.
47
ATTACHMENT 0
LOCAL AMENDMENTS TO THE CALIFORNIA ENERGY CODE
In June of 2000, the City of Santa Monica requested that the California Energy
Commission approve additional energy conservation measures and more stringent
energy budgets based on documentation submitted by the City. The California Energy
Commission approved the City's request. These new standards became part of Santa
Monica Municipal Code in Chapter 8.108 Green Building Standards.
Staff proposes elimination of the City's existing standards in Section 8.108.030
(Compliance Methods) and Section 8.108.040 (Reductions in Allowable Energy
Budgets) because the 2005 Energy Efficiency Standards incorporate new allowable
prescriptive packages that are sufficient to achieve the previously desired energy goals
and have similar energy budget reductions. The remaining local amendments to the
state energy code are shown below starting with the word "Continue."
. Continue to require the use of recycled construction materials for all new
buildings with a minimum of four major construction materials that have a post-
consumer recycled content that meets the Environmental Protection Agency
(EPA) recycled content. Major construction materials are those materials that
serve a structural, partitioning or finishing function throughout the building or
cover more than one-half of the floor, roof or wall surfaces (see Section
8.108.030 as renumbered)
. Continue to require additional mandatory features for all buildings other than one
and two family dwellings that include the use of solar water heating to heat
swimming pool water and to preheat industrial process water, including but not
48
limited to, car washes and laundries; specified insulation for hot water pipes and
distribution systems and heat traps on the inlets and outlets of non-circulating hot
water heaters and tanks (see Section 8.08.040 as renumbered).
One new administrative regulation is also being added to this chapter to create priority
plan check processing for LEED certified building permit applications. This City Council
previously directed staff to return with this provision at its May 17, 2005 meeting.
49
ATTACHMENT E
NON-WATER-USING URINALS AS PLUMBING FIXTURES
Current provisions of the 2001 California Plumbing Code give the local Building Official
the authority to approve the use of non-water-using urinals as plumbing fixtures as an
alternate method of construction on a case-by-case basis as long as they meet specific
standards such as suitability, strength, effectiveness, fire resistance, durability, safety
and sanitation. The City's Building Officer has recently granted such approvals for use
of these urinals primarily in new and existing City facilities under specified conditions.
These conditions have included providing water piping at the urinal, using only vitreous
china products and establishing adequate maintenance procedures.
To allow the use of non-water-using urinals on a more widespread basis (private and
public) in Santa Monica, the City Council must amend the City's Plumbing Code based
upon specific findings regarding local climatic, geological or topographical conditions.
The City can satisfy the local findings requirement based on a number of conditions in
the region that have reduced the long-term reliability of adequate water supplies for the
City and the region, as well as the limited rainfall and recurring droughts in Southern
California and the West.
The City has an interest in the evaluation of, and when appropriate, installation of
innovative and reliable water-saving devices. Such devices can make a significant
contribution to achievement of the City's Sustainable City Plan goal of a 20% reduction
in city-wide water demand. Non-water-using urinals require no flush water to operate.
50
Rather, they use a cartridge and liquid sealant to ensure sanitary operation. Industry
studies suggest that each such urinal can save up to 40,000 gallons of water per year.
Non-water-using urinals use a filter cartridge to treat urine prior to drainage to the
sanitary sewer. Typically, cartridges will need to be changed every 7,000 uses or 34
months. Signs indicating when a cartridge replacement is needed include slow urine
flow or stopped flow. Removal of the cartridge is simple. A key is used to unlock the
cartridge. The cartridge is lifted out and excess urine from the cartridge is poured
directly into the sanitary sewer. The cartridge is then removed and disposed of in the
trash. A bucket of water is poured directly into the outlet to flush the line. A new
cartridge is locked into place and 32 oz. of water is poured into the cartridge followed by
the sealant liquid. Daily cleaning is recommended by wiping the urinal clean with a non-
toxic, non-abrasive cleaner. For City facilities, this practice already exists.
In September 2000, the University of California Los Angeles (UCLA) installed a Falcon
Waterfree ™ urinal in a men's restroom in a classroom building (Boelter Hall) for
research purposes at the request of the manufacturer. The UCLA research team
compared bacterial growth rates and odors with an older 3.0 gallons-per-flush (gpf)
urinal, measured usage and performed lifecycle cost analysis modeling of waterfree
urinal installation within typical educational institutions. Usage of the Falcon Waterfree ™
unit averaged slightly more than 116 uses per day, bacterial growth and ammonia
development were considered comparable and the research team concluded that the
odors at the Waterfree ™ urinal were actually less than those at the standard flush-type
urinal. The life cycle cost analysis used data from Oakland, Los Angeles and Long
51
Beach school districts. In those districts, average urinal usage was calculated to range
from 38 to 40 uses per school day per urinal. At those rates, simple life cycle analysis
payback ranged from 1.6 to 2.7 years.
At the time of this analysis, the following agencies have allowed the installation of non-
water-using urinals as plumbing fixtures: United States Federal Government (via
Executive Order 13123), State of California, Department of the State Architect, State of
Arizona, State of Oregon and the cities of Beverly Hills, Pasadena, Santa Cruz,
Monterey, San Francisco, San Diego, San Jose and Petaluma
52
ATTACHMENT F
NEW SANDBLASTING REGULATIONS
Although exposure to lead can adversely affect healthy adults, young < children have a
well documented susceptibility to lead poisoning leading to measurable mental
retardation. According to the California Childhood Lead Poisoning Prevention Branch,
mild lead poisoning can be associated with hyperactivity, irritability, sleeplessness, lack
of concentration, behavioral problems, and learning disabilities. More severe lead
poisoning may be accompanied by hearing problems, headaches, nausea and vomiting,
abdominal pain, loss of appetite, constipation, muscle soreness, anemia, and
neurological impairments such as stumbling or loss of concentration, seizures,
encephalopathy, and coma.
Since the 1970's, the industry threshold has been 5,000 parts per million (ppm) of lead
in paint which is derived from federal EPA Guidelines and is incorporated into federal
HUD guidelines. In recent years there has been increasing concern about exposure to
concentrations below 5,000 ppm lead in paint. The blood lead level (BLL) of 10
micrograms I deciliter (lJg/dl) has been considered a sufficiently protective health
standard, however, there is emerging consensus that this is too high. The Center for
Disease Control (CDC) website recently stated that there is no evidence of a threshold
blood lead level in children below which adverse effects are not experienced. The State
of California Legislature has declared, "that childhood lead exposure represents the
most significant childhood environmental health problem in the state today" (Health and
Safety Code 9124125). This has been supported in numerous conversations among
public health officials, toxicologists and medical doctors, and certified lead specialists.
53
This ordinance will not prohibit sandblasting in Santa Monica; rather it will require that
persons involved in sandblasting have appropriate and current state certifications when
the lead concentrations in paint are above a specified threshold. These regulations are
required to insure adequate worker safety and protection of public health and the
environment from widespread lead contamination by having well trained personnel
performing the abrasive blasting under best management practices.
54
ATTACHMENT G
TIME TO OBTAIN BUILDING PERMITS
Under current municipal code requirements, applications for construction projects that
require formal plan review have 180 days to make all necessary plan corrections,
submit all required documentation and pay all fees to obtain their building permit.
Applicants may request an additional 180 days to obtain the permit if they meet all of
the following criteria:
1) Submit a written request for extension of time prior to the expiration date;
2) Circumstances beyond their control prevented the applicant from taking action;
and
3) No building standards or other pertinent laws have changed since the application
date.
Exceptions to these requirements exist to allow additional time for applications for
demolition permits if the demolition permit cannot be issued without a related
replacement project. However, problems still remain for the large numbers of applicants
who cannot complete the application process within the 180 day time limit.
Approximately 100 of the 400 applicants for building permits that require formal plan
review each year do not obtain their permit within 180 days.
Except during time of law changes or when applicants miss the deadline to apply,
virtually all requests for extension of time to obtain the permit are granted under current
regulations. Staff believes it would be a better process and regulation to grant one year,
instead of two 180 periods, to obtain a permit and eliminate the extension request
55
process altogether. This would result in the equivalent of an automatic extension, which
normally occurs anyway. As a matter of equity, staff also believes that these new
provisions should apply to all current applications and has added proposed language to
accomplish this.
Staff also proposes adding clarifying language for those projects subject to the
mandatory construction rate program. Applicants who wish to construct new multi-unit
residential housing in any multifamily residential district must be at least 500 feet away
from any similar project under construction for up to 15 months depending on the
completion date of the similar project. Permit applications would normally expire during
this period. If permits are issued, they expire within 180 days if construction is not
started. Under state law and other municipal code requirements, projects must comply
with current building standards if construction is not started within 180 days of permit
issuance. This provision can result in significant design changes and the unintended
loss of previous approvals, which is contrary to the stated intent of the construction rate
provisions. Staff and members of the public are not always certain which provision
governs. Staff proposes additional language to clarify that an extended application
period is allowed under the construction rate program.
Additional language is also proposed to clarify the one month grace period to obtain a
permit after expiration and add language to reduce the potential for abuse of the grace
period that is now present due to the deletion of the extension provisions.
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ATTACHMENT H
CHANGE OF REQUIREMENTS FOR RESIDENTIAL BUILDING RECORD REPORTS
State law authorizes cities to require owners of residential buildings to provide buyers a
report of City records that shows the authorized use, occupancy and zoning
classification. Existing municipal code provisions in Chapter 9.08 implement this
requirement and add additional information in the required report. This additional
information relates to variances, conditional use permits, exceptions, and other pertinent
legislative acts of record, and any special restrictions in use or development. Many
cities have similar requirements. One notable exception in the Santa Monica ordinance
is the requirement for the buyer to sign and return a receipt of the report. Approximately
80% of the reports issued to the owner are never returned with the buyer's signature.
Staff does not further pursue compliance from the owner or buyer.
One proposed change is to eliminate the buyer's return requirement. Since no other
known cities have a similar requirement, many escrow companies likely find this
requirement onerous and unnecessary and therefore do not comply. Also, current
language is not completely clear that the buyer is the responsible party to return the
report. Finally, since 80% of the reports are not returned and there are not sufficient
staff resources to track and obtain compliance, the requirement should be eliminated to
foster continued respect for remaining enforceable laws.
Another proposed change is to eliminate the provision that the report is valid for a six
month period from date of issuance. Since zoning laws and restrictions of use can occur
at any time, this statement is not always true. Instead, the buyer should be informed that
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the information is valid on the date of issuance of the report, but can change with time.
Staff proposes changing the language so that the report can be used by the owner for
the seller for six months from the date of issuance by the City. Additional language
would be added to the report itself stating that the information is current as of the day
the report is issued.
Some additional proposed language is required under state law. These provisions
include exemptions for buildings less than two years old, criminal sanctions for failure to
provide the report and limits on the validity of sales. The new proposed language
mirrors applicable state law.
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ATTACHMENT I
TRANSFER OF INSPECTION RESPONSIBILITY FOR SEWER CAPPING
Current municipal code provisions require inspectors for the Environmental and Public
Works Management Department (EPWM) to inspect for proper capping of sewer
laterals upon removal from plumbing waste lines. This normally occurs upon demolition
of buildings with plumbing systems. For the permit holder, this means that two
inspectors are required to approve most demolition work: one from the Building and
Safety Division and one from EPWM. To increase efficiency and improve customer
service, staff proposes to simplify the inspection and approval process by using the
technical expertise of the Building and Safety Division inspectors to perform sewer cap
inspections. Standards for acceptance of sewer cap methods will continue to be a
function of the City Engineer's office.
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