SR-111307-7C (2)City Council Meeting: November 13, 2007
Agenda Item: ~' ~~
To: Mayor and City Council
From: Eileen Fogarty, Director of Planning and Community Development
Subject: Resolution Making Findings Of Local Climatic, Geological And
Topographical Conditions As Required To Adopt Local Amendments To
The California Building Standards Code; Adoption of Ordinance Requiring
Installation of Approved Seismic Gas Shutoff Valves in Certain New and
Existing Buildings and Consideration of Imposing Mandatory Retrofit
Requirement
Recommended Action
Staff recommends the City Council:
1. adopt the attached resolution making findings of local climatic, geological and
topographical conditions as required to adopt local amendments to the California
Building Standards Code, and
2. introduce for first reading the proposed ordinance requiring gas shutoff devices in
both new and existing buildings, structures and mobilehome parks and granting
priority service for related permits.
Executive Summary
Gas shutoff devices in both new and existing buildings, structures and mobilehome
parks help prevent fires after earthquakes. The proposed ordinance would require such
devices when buildings, structures, and mobile home parks that contain gas fuel piping
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are newly constructed, altered in excess of $10,000, or for which an agreement for sale
or exchange has been entered into after January 1, 2008. It would also require such
devices in individual condominium units upon their sale or exchange.
The City Council considered and introduced for first reading a former version of the
proposed ordinance on September 11, 2007. The City Council did not take action on
second reading, but instead requested staff to evaluate the fiscal impact of waiving
permit fees and to investigate the feasibility of applying the requirement to master gas
meters serving common areas of condominium buildings when a condominium unit is
sold.
The Building and Safety Commission reviewed the proposed ordinance prior to
September 11, as well as on September 26, 2007. The recommendations of the
Commission are included in the proposed ordinance, which does not include either a
fee waiver provision, or provisions to require seismic shut-off valves on master meters
serving common areas of condominium buildings when a condominium unit is sold.
The recommendation in this staff report will have moderate budget and financial
impacts.
Discussion
The City of Santa Monica has a high risk of seismic activity due to its close proximity to
a number of active faults. The close proximity of these faults increases the likelihood of
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seismic disturbances of substantial magnitude. (see Attachment A) As a result, the
Santa Monica Municipal Code includes standard building provisions to protect the public
during earthquakes. However, the current Code does not address the possibility that
gas fuel lines, when ruptured, can lead to fires that threaten the public safety and
welfare.
New devices have been developed to stop the flow of gas following earthquakes and
other natural disasters. Some municipal Fire Departments in southern California have
instituted requirements for gas shut off devices for new construction and for existing
buildings undergoing alteration or repair, with the goal that over time, at risk buildings
will be protected. Uniform mandatory provisions have not been adopted. The proposed
ordinance would require installation of earthquake gas shutoff valves in buildings,
structures and mobilehome parks that contain gas fuel piping upon new construction,
alterations in excess of $10,000, or upon the sale or an agreement for the sale or
exchange on or after the effective date. These requirements are 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
$450-1,000 per unit depending on the type of device selected and property site
conditions.
On September 11, 2007, the City Council considered and introduced for first reading a
former version of the proposed ordinance. On September 25, 2007, rather than adopt
the ordinance, the City Council directed staff to evaluate the fiscal impact of waiving
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permit fees and to investigate the feasibility of extending the requirement to master gas
meters serving common areas of condominium buildings.
Permit Fees
Staff investigated the fiscal impact of waiving the permit fees and estimated the revenue
loss to be approximately $150,000 per year. The figure was calculated by adding the
number of units sold in the City, the number of new building permits, and the number of
addition and/or alteration permits exceeding $10,000 per year, averaged over a four-
year period. The total average number was multiplied by the cost of a plumbing permit
to install a gas shut off device resulting in an estimated loss in annual revenue of
$150,000. Since this figure is considered significant in comparison with the division's
annual budget, staff no longer recommends that the permit fees be waived.
Condominium Buildinas
The proposed ordinance captures all new alterations of condominium buildings (and
other buildings) in excess of $10,000. It is quite common to see building permits of this
magnitude for reroofing, window replacements, restucco work, water heater
replacements, common area gas line replacements, and repiping for condominium
buildings. The proposed ordinance also captures. apartment buildings with one
common gas meter. Staff also investigated the feasibility of extending the requirement
to master gas meters serving common areas of condominium buildings upon sale of an
individual condominium unit. Staff advised the Commission of the difficulty of
implementing such a provision as an owner of a condominium unit wishing to sell
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his/her unit would not have the authority to compel a homeowner association to install
the seismic valve on the common area gas system.
Staff also considered mandating that gas shut off valves be installed on master gas
meters serving common areas of existing condominium buildings. through the
homeowner associations. Further data and analysis is needed regarding the potential
safety benefit and the impact of such an ordinance in terms of staffing resources
needed to gather data, notice homeowner associations, and enforce the ordinance.
The proposed ordinance therefore does not include the provision. However, staff will
have draft language available for council consideration at the hearing on this matter.
Commission Action
On May 16, 2007 and June 20, 2007, the Building & Safety Commission reviewed and
discussed the ordinance originally presented to Council and recommended adoption.
On September 26, 2007, the Building & Safety Commission again reviewed the
proposed ordinance in light of Council's concerns and considered the staff
recommendation. The Commission also recommended approval of the proposed
ordinance without the fee waiver because of its significant financial impact. The
Commission concluded the City lacks enforcement authority to compel the homeowner
association to install .the device upon sale of a unit, and decided against requiring
seismic shut-off valves on master meters serving common areas of condominium
buildings upon sale of a single condominium unit.
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The proposed ordinance reflects the Building and Safety Commission's
recommendations.
Public Outreach
To ensure adequate notice and to promote public cooperation, staff will distribute
informational mailers to local escrow companies and realtors to inform them of the new
requirement. There will also be informational bulletins placed at the Permit Center and
on the Building and Safety website.
Budget/Fi nancial l mpact
The recommendation in this staff report will have a financial impact of increased building
permit revenues projected at $150,000 per year with reductions in future years for the
single trade permit required for device installation. No revenue adjustments are
necessary at this time. If a revenue adjustment is necessary in the future, it will be done
at mid-year or year-end review. This projected increase in revenue is estimated to
recover the cost of additional staff effort needed to process the permits and inspect the
permitted installations. Staff will reassess associated personnel needs over time as
experiential data becomes available.
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Prepared by: Ben Yousefi, S.E., C.B.O, Assistant Building Officer
Attachment A -resolution
Attachment B -Ordinance
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Approved: Forwarded to Council:
Attachment s
City Council Meeting: November 13, 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 gas piping caused from earthauakes by use
of earthquake-actuated automatic gas shutoff systems.
(b) Scope. The provisions of this section shall apply to:
(1) Anv new building, structure or mobilehome park with fuel gas
~ipinq, for which an application for permit for construction was first
submitted on or after January 1, 2008.
(2) Anv existina building or structure or mobilehome park with fuel
gas pipina for which an application for altei-ation or addition is submitted
on or after January 1, 2008, when such alteration or addition is valued at
more than $10,000.
U Any existing building or structure or mobilehome park with fuel
gas piping 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 includina 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 tq obtain a permit to erect, construct. enlarge. alter
repair, move, improve, convert or remove a portion of any building
structure or building service eauipment includina but not limited to
combination building permits and single trade permits.
L4) "Seismic gas shutoff device" means a seismic aas shutoff
device installed on customer-owned aas piping certified by the State
Architect pursuant to Section 19202 of the Health and Safety Code
Notwithstandin an other rovision of law "seismic as shutoff device"
does not include any device installed on a gas distribution system owned
or operated by a public utilitk
Ld_) Duty to Install and Maintain Device.
The owner of any building, structure or mobile home park subject to
the provisions of this Section shall obtain a permit. install and maintain a
seismic gas shutoff device on the customer owned pas piping when one of
the triggering events specified in subsectPon (b) of this Section occurs.
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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.
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 pas 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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(a) Incentives. 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 be come effective 30 days from its adoption.
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APPROVED AS TO FORM:
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MAR HA JON MOUTRIE .~~
City Attorney
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Reference
Resolution No.
10257 (CCS)