SR-091107-7Ac7_
~;tYof City Council Report
Santa Monica
City Council Meeting: September 11, 2007
Agenda Item:
To: Mayor and City Council
From: Eileen Fogarty, Director of Planning and Community Development
Subject: New Ordinance Requiring Installation of Approved Seismic Gas Shutoff
Valves in Certain New and Existing Buildings
Recommended Action
Staff recommends the City Council:
1. Introduce for first reading the proposed ordinance requiring gas shutoff devices in
both new and existing buildings, structures and mobilehome parks.
2. Waiver of fees and granting of priority service for related permits.
Executive Summary
Staff recommends the City Council require gas shutoff devices in both new and existing
buildings, structures and mobilehome parks. These devices help prevent fires after
earthquakes. Such devices would be required when buildings, structures and
mobilehome parks that contain gas fuel piping are newly constructed, altered in excess
of $10,000 or are sold or exchanged. The Building & Safety Commission reviewed and
recommended approval of the proposed ordinance. The recommendation in this staff
report will have no budget or financial impacts.
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Discussion
As a result of the active geological composition of the Los Angeles basin, and the City
of Santa Monica in particular, the Santa Monica Municipal Code includes standard
building provisions to protect the public during earthquakes. However, the Code does
not currently include provisions to address the possibility of ruptured gas fuel lines.
When ruptured, these gas lines. can lead to fires that threaten the public safety and
welfare.
Current technology has developed devices that stop the flow of gas following earthquakes and
other natural disasters. State law authorizes cities to enact mandatory laws to require
installation of these devices. The proposed ordinance would require installation of earthquake
gas shutoff valves in new buildings and existing buildings. Such devices would be required
when buildings, structures and mobilehome parks that contain gas fuel piping are newly
constructed, altered in excess of $10,000 or are sold or an agreement for their sale or exchange
is entered into on or after the effective date. These requirements are generally similar to the
cities of Los Angeles and West Hollywood, with the addition of mobile home parks and
government buildings. The anticipated cost to the building owners is approximately $300-1,000
per unit depending on the type of device selected and property site conditions.
Commission Action
On May 16, 2007 and June 20, 2007, the Building & Safety Commission reviewed and
discussed the proposed ordinance and made the following recommendations:
1. Add language for hardship waivers.
2. Add language to waive fees for permits.
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3. Insure sufficient public outreach prior to implementation.
Staff has incorporated the recommendation of the Building and Safety Commission into
the attached version of the proposed ordinance and action plan for implementation.
Public Outreach
To insure adequate notice and to promote public cooperation, staff will distribute
information mailers to local escrow companies and realtors to inform them of the new
requirement. There will also be information bulletins placed at Permit Center and on the
Building & Safety web site.
Budaet/Financial Impact
The recommendation in this staff report will have no budget or financial impacts.
Prepared by: Ben Yousefi, S.E., C.B.O, Assistant Building Officer
Approved:
Forwarded to Council:
Attachment A
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Attachment A
City Council Meeting: September 11, 2007
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 8.32.070 TO THE SANTA MONICA MUNICIPAL CODE
TO REQUIRE THE INSTALLATION OF APPROVED GAS SHUTOFF DEVICES IN
BUILDINGS, STRUCTURES AND MOBILEHOME PARKS
PRIOR TO SALE OR EXCHANGE, WHEN NEWLY CONSTRUCTED OR
WHEN THE COST OF ADDITIONS OR ALTERATIONS EXCEED $10,000
WHEREAS, it is generally accepted that Santa Monica will experience moderate
and severe earthquakes in the foreseeable future; and
WHEREAS, a serious threat to life and property resulting from these earthquakes
is the threat of fire resulting from earthquake damage; and
WHEREAS, properly installed gas shutoff valves can reduce the occurrence of
fires stemming from moderate and severe earthquakes and thereby reduce the risks to
health, safety and welfare of Santa Monica residents caused by such earthquakes; and
WHEREAS, according to Section 19181 of the Health and Safety Code,
notwithstanding any other provision of law, the governing body of any city, county, or
city and county may enact an ordinance requiring the installation of earthquake
sensitive gas shutoff devices in buildings open to the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
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SECTION 1. Section 8.32.070 is hereby added to the Santa Monica Municipal Code to
read as follows:
8.32.070 Seismic Gas Shutoff Devices
(a) Purpose. The purpose of this Section is to reduce the risks of
fires caused by leaks in fuel qas piping caused from earthquakes by use
of earthauake-actuated automatic qas shutoff systems.
(b) Scope. The provisions of this section shall apply to:
(1) Anv new building, structure or mobilehome park with fuel gas
piping, for which an application for permit for construction was first
submitted on or after January 1, 2008.
(2) Anv existing building or structure or mobilehome park with fuel
qas piping for which an application for alteration or addition is submitted
on or after January 1, 2008, when such alteration or addition is valued at
more than $10,000.
(3) Any existing building or structure or mobilehome park with fuel
gas piping that on or after January 1. 2008 for which an agreement for
sale or exchange was first entered into.
(c) Definitions. For the purpose of this Section, certain terms,
phrases, words and their derivatives shall be construed as specified in this
Section. Where terms are not defined, they shall have their ordinarily
accepted meanings within the context with which they are used.
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(1) "Agreement of sale or exchange" shall mean anv agreement or
written instrument which provides that title to anv property shall thereafter
be transferred from one owner to another owner.
(2) "Customer-owned gas piping" means all parts of the gas piping
system downstream of the gas utility point of delivery, including, but not
limited to, downstream of the gas utility meter and service tee (also known
as a bypass tee).
(3) "Application for Permit' means a written document submitted to
the City in order to obtain a permit to erect, construct, enlarge, alter,
repair, move, improve, convert or remove a portion of any building,
structure or building service equipment including but not limited to
combination building permits and single trade permits.
(4) "Seismic gas shutoff device" means a seismic gas shutoff
device installed on customer-owned gas piping certified by the State
Architect pursuant to Section 19202 of the Health and Safety Code.
Notwithstanding any other provision of law, "seismic gas shutoff device"
does not include any device installed on a gas distribution system owned
or operated by a public utility.
(d) Duty to Install and Maintain Device.
The owner of any building, structure or mobilehome park subject to
the provisions of this Section shall obtain a permit, install and maintain a
seismic gas shutoff device on the customer owned gas piping when one of
the triggering events specified in subsection (b) of this Section occurs.
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(1) For agreement of sale or exchange or gualifVinp alterations or
additions to individual condominium units the owner of the individual
condominium shall obtain a permit, install and maintain a seismic gas
shutoff device on the portion of the customer owned gas piping that serves
the individual condominium unit if such a device does not exist on the
customer owned gas piping that serves the entire building,
(2) Seismic gas shutoff devices installed prior to January 1, 2008
on either customer owned gas piping or on a gas distribution system
owned or operated by a public utility are deemed to comply with the
requirements of this section provided they remain installed and maintained
according to the terms of their original approval.
(e) Unreasonable Hardship. The Building Officer may grant
exceptions to the provisions of this Section when legal, physical or
economic constraints will not allow compliance without creating an
unreasonable hardship. Unreasonable economic hardship shall be
deemed to exist when the Building Officer determines that the fair market
value of the cost of installation of the seismic gas shutoff device exceeds
20% of the valuation of other alterations being proposed.
(fl Effect on Sale and Exchange of Property. No sale or exchange
of property shall be invalidated solely because of the failure of any person
to comply with any provision of this Section unless such failure is an act or
omission which would be a valid ground for rescission of such sale or
exchange in the absence of this Section.
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(g) Incentives. Permits issued solely to complete the work required
by this Section shall be at no cost to the applicant and all such
applications shall receive priority service as defined in Santa Monica
Municipal Code Chapter 1.20.
(h) Administrative regulations. The Building Officer shall have the
authority to promulgate and or adopt administrative regulations to
implement the provisions of this section
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. 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:
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SECTION 4. 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.
APPROVED AS TO FORM:
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