SR-092507-7C~_
~;.o, City Council Report
Santa Monica
City Council Meeting: September 25, 2007
Agenda Item: 7-C
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Second reading and adoption of an ordinance to require the installation of
approved gas shutoff devices in buildings, structures and mobile home
parks prior to sale or exchange, when newly constructed or when the cost
of additions or alterations exceeds $10,000. (Introduced September 11,
2007)
Recommended Action
Staff recommends that the City Council adopt the attached ordinance.
Executive Summary
At its meeting on September 11, 2007, the City Council introduced for first reading an
ordinance to require the installation of approved gas shutoff devices in buildings,
structures and mobile home parks prior to sale or exchange, when newly constructed or
when the cost of additions or alterations exceed $10,000. The Ordinance is now
presented to the City Council for adoption.
Prepared by:
Marsha Jones Moutrie, City Attorney
1
Approved: Forwarded to Council:
f:\atty\muni\law\barry\gas shutoff ordinance 9-25-07(2)
City Council Meeting 09-25-07 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:
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 gas piping caused from
earthquakes by use of earthquake-actuated automatic gas shutoff
systems,
(b) Scope. The provisions of this section shall apply to:
(1) Any 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) Any existing building or structure or mobilehome park
with fuel gas 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.
(1) "Agreement of sale or exchange" shall mean any
agreement or written instrument which provides that title to any
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.
(1) For agreement of sale or exchange or qualifying
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.
(f) 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.
(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.
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. This Ordinance shall become effective 30 days from its
adoption.
APPROVED AS TO FORM:
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MAF~SHA JOfV~~ MOUTRI
City ttorney l