HomeMy WebLinkAbout1995/11/13 Board of Appeals & Advisors Minutes
MINUTES OF A REGULAR MEETING
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
November 13, 1995 Conference Room No. 1 5:15 p.m.
... Session was not audio recorded due to technical difficulties ...
MEMBERS PRESENT: Chairman Triplette, Vice-Chair Gingerich, Board
Members Compton, Harter and Puzon
MEMBERS ABSENT: Board Members Coleman and Fabrick
CITY STAFF PRESENT: Director of Building & Housing Larsen, Assistant
Director of Building & Housing Remp, and
Administrative Secretary Uybungco
CALL MEETING TO ORDER: Chairman Triplette called the meeting to order at 5: 16
p.m.
ROLL CALL: Members present constituted a quorum.
1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM:
A) MSC Gingerich/Compton (5-0-2) (Coleman and Fabrick absent) to
excuse the absence of Board Member Fabrick
(Staff received notification from Board Member Fabrick requesting an
unexcused absence due to health reasons.)
B) Chairman Triplette decided to table the motion for Board Member
Coleman's absence until the next meeting in order to allow Mr. Coleman
an opportunity to present his reason for absence.
2. APPROVAL OF MINUTES:
MSC Gingerich/Compton (5-0-2) (Coleman and Fabrick absent) to approve
the minutes of October 9, 1995.
Board of Appeals & Advisors -2- November 13, 1995
3. NEW BUSINESS:
A. Approval for Use of Chlorinated Polyvinyl Chloride (CPVC) Piping
Chairman Triplette open the item for discussion.
Director Larsen introduced Assistant Director Remp and referred the item
to Mr. Remp for presentation of the staff report.
Assistant Director Remp summarized the staff report and informed the
Board that formal adoption action must be taken prior to January 1, 1996
as required by AB-151 (Baca). Assistant Director Remp welcomed
questions from the Board.
Board Member Compton asked whether the original product was
manufactured poorly or if it only occurred during a certain period of
manufacturing time.
Assistant Director Remp clarified that the product Board Member Compton
was questioning was polybutylene plastic pipes and was not CPVC piping.
CPVC is manufactured differently from that of PB piping.
Dana S. Levy, Business Representative of Piping Industry Progress &
Education (P.I.P.E.) presented opposition to approval for the use of CPVC.
Mr. Levy informed the Board that the ability for jurisdictions to use alternate
materials is currently contained within the California Plumbing Code. Mr.
Levy pointed out that the Environmental Impact Report for the use of
plastic piping for potable water systems has not been finalized. Mr. Levy
stated that he felt the emergency legislation was an attempt to bypass the
California Building Commission's process and cautioned the Board to not
make an expedient decision.
Vice-Chair Gingerich inquired whether CPVC was discussed at the San
Diego Area Chapter, ICBO meeting.
Director Larsen replied that the Chapter's subcommittee has elected to
take a "no position" on the use and application of CPVC. The item was
scheduled for another discussion at the meeting of November 14, 1995.
Vice-Chair Gingerich informed the Board that he was aware of six homes
within Chula Vista which were built with CPVC approximately 20 years ago.
Vice-Chair Gingerich visited two of the homes and spoke with the property
owners and was informed that the property owners have not experienced
Board of Appeals & Advisors -3- November 13, 1995
any leakage or failure from the product. Vice-Chair Gingerich further stated
that he felt the approval for use of the product had been delayed too long
and that CPVC was a good product for the use intended.
Chairman Triplette questioned whether the product had been used in other
jurisdictions in California.
Assistant Director Remp stated that the City of Colton, City of Lancaster
and several other jurisdictions have continued to use the product which
was approved prior to 1979.
Chairman Triplette requested clarification of Mr. Levy's statement that the
EIR had not been complete. The literature cited that the EIR had been
challenged in court.
Mr. Levy clarified that the entire EIR process had not been completed
because it had not received final approval.
Director Larsen further clarified that the EIR had been completed, but was
challenged and has not been resubmitted for reconsideration.
Mr. Levy stated that CPVC used inside the structure have different
precautions than when it is installed outside.
Assistant Director Remp informed the Board that additional safety
requirements for both copper and CPVC pipes have been increased.
Board Member Compton questioned why the product was approved for 49
other states, but not in California.
Board Member Harter commented that the information provided by staff
was very one sided, presented from the CPVC manufacturer's perspective.
Board Member Harter further stated that he had personal experience in
using CPVC for industrial applications for non-potable water. He believed
that the product was difficult for inspectors to ascertain proper installation
and creates solvents which are highly explosive. He stated that he did not
see the need to adopt the product on an emergency basis and would
prefer to see it go through the proper course for approval through the
State.
Vice-Chair Gingerich pointed out that he was aware of a hospital plumbed
with plastic pipes and also the six homes in Chula Vista with successful
applications of CPVC should be noted.
Board of Appeals & Advisors -4- November 13, 1995
Board Member Compton stated that he was uncomfortable with the ten
year Environmental Impact Report review process.
MSC Compton/Gingerich (4-1-2) (Harter opposed) (Coleman and
Fabrick absent) to approve the use of CPVC In accordance with the list
of conditions as set forth in the staff report.
4. CHAIRMAN'S COMMENTS/REPORT: None
5. DI RECTOR'S COMMENTS/REPORT:
A. Director Larsen informed the Board that he had received a call from Ms.
Vanderford (Karen Condominium Homeowners Association) regarding the
window replacement project as discussed at the October 9, 1995 meeting.
Director Larsen referred Ms. Vanderford to the Community Development
Department for possible assistance for funding the project. A
representative of the Community Development Department informed Ms.
Vanderford that she may appeal the decision of the Board of Appeals &
Advisors to the City Council. Director Larsen has contacted the staff
member who made the statement and advised the staff member that
decisions of the Board of Appeals & Advisors are final and may only be
appealed to the magistrate.
Director Larsen informed Chairman Triplette that Ms. Vanderford may be
contacting him. Chairman Triplette will need to ascertain whether there
may be items to be re-evaluated at his discretion to reopen the Appeal
Hearing.
B. Director Larsen presented the Department's financial picture for the month
of October. The Department has seen a slight downturn in residential
activity. The marketplace dictated some restructuring of product types.
The current best selling properties are homes within the $180,000-$200,000
range. Homes in the low $200,000's and up are difficult to sell; however,
homes in the $400,000's, while fewer on the market, appear to still be
selling.
C. The Process 2000 Report will be presented at the December or January
meeting.
Board of Appeals & Advisors -5- November 13, 1995
6. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE):
A. Board Member Compton stated that he had seen a City vehicle pulling a
trailer with graffiti removal materials within the City and inquired as to the
use of the trailer.
Director Larsen advised the Board that the trailer is available for use, free
of charge, to any interested group in the community.
B. Vice-Chair Gingerich wanted to state for the record that he had made
inspections at 1948 Bucknell Street and 890 Stanford Avenue in
preparation for discussion of Item 3A.
7. ADJOURNMENT: Chairman Triplette adjourned the meeting at 6:13 p.m. to the
next regular meeting scheduled for December 11, 1995.
~-W6 ~--
K NN TH G. LARSEN, C.B.O.
DIRECTOR OF BUILDING AND HOUSING
SECRETARY TO THE BOARD OF APPEALS AND ADVISORS
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YEELlN UYBuN'GCO
ADMINISTRATIVE SECRETARY
DEPARTMENT OF BUILDING AND HOUSING
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodation to access, attend and/or participate in a City meeting, activity, or service,
request such accommodation at least forty-eight (48) hours in advance for meetings and five (5) days for
scheduled schedules and activities. Please contact Yeelin Uybungco, Administrative Secretary, for specific
information at (619) 691-5007 or Telecommunications Device for the Deaf (TOO) at (619) 585-5647. California
Relay Service is also available for the hearing Impaired.
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(B:\WP51\1113QSM)
MEMORANDUM
DATE: November 8, 1995
TO: Chairman Triplette and Members of the Board of Appeals and Advisors
FROM: Kenneth G. Larsen, CoB.O., Director of Building and Housin~¡"'KGt--
Secretary to the Board of Appeals and Advisors
SUBJECT: Staff Report. Chlorinated POlyvinyl Chloride (CPVC) Water Pipe
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Recommendation:
Recommend the Board approve the use of Chlorinated Polyvinyl Chloride (hereafter
referred to as CPVC) water pipe for Installation within buildings in the City of Chula Vista
based on compliance with the following conditions:
1. Installation shall comply with all manufacturer's recommendations; and,
2. Installation shall comply with the I994 Edition of the Uniform Plumbing
Code; and,
3. Installation shall comply with the specinc requirements contained in State
Assembly Bill No. 151 (Baca); and,
4. Installation shall comply with the appropriate sections of the 1994 Uniform
Building Code; and,
5. Authorization for new installations shall expire on January 1, 1998 as
specined in AB I51.
Introduction:
The State of California recently approved Assembly Bill 151 (Baca) which repealed the
existing restriction on the use of CPVe. As one of the conditions for authorizing use of
CPVC, the Bill requires jurisdictions to take formal action to approve its use prior to
January 1, 1996. Therefore, the Department is recommending the Board review and
approve the use of this material within the City of Chula Vista subject to the conditions
Identined above.
Staff has reviewed the Information available on the subject and feels it warrants approval
for use. Much of that information is contained in the attached manufacturer's brochure.
In making a decision to support use of this product, considerable weight was given to both
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the product's physical characteristics and it's affordability. CPVC water pipe conforms to
all applicable ASTM standards, is approved by all the national codes, Is tested regularly
and Is certified by the National Sanitation Foundation for water purity. In addition, studies
have shown that CPVC pipe is on the average 20% to 43% less costly to Install than copper
pipe. Staff believes the product will provide both good performance and meet the City's
desire to be a leader in finding ways to enhance the affordability of new homes in the
community.
CPVC was originally approved for use within the City of Chula Vista when the 1979 Edition
of the Uniform Plumbing Code was adopted. It's use continued to be authorized until the
State of California amended the Code when it adopted the 1985 Edition of the Uniform
Plumbing Code. While the Uniform Plumbing Code (published by the International
Conference of Building Officials and used in approximately 2/3 of the United States)
continued to authorize use of CP\'C, the State of California's adoption of the UPC included
an amendment forbidding the use of CVPC pending publication and adoption of an
Environmental Impact Report (EIR). The EIR was intended to address potential dangers
to public health and/or the environment that might arise from use of CPVC. The 1991 and
1994 Editions of the California State Plumbing Code also prohibited the use of CPVC water
pipe pending final adoption of the EI R. This EIR has been published but it's final
adoption has been challenged in court.
Assembly Bill No. 151 (Baca) (Attachment # I) and the letter signed by Governor Wilson
on October 12, 1995 (Attachment # 2) establish the Legislature and Governor's reasons for
approving the product at this time and sets forth the specific conditions that must be met
to authorize use. The Legislature depended heavily on the experience gained by the City
of Colton's Department of Community Development. Confronted with widespread
deterioration of copper piping systems due to the vel)' corrosive nature of the soils in a
tract in the western part of that city and acting pursuant to a good-faith belief that CPVC
piping was in compliance with state regulations, the City of Colton approved the use as an
alternative to copper piping In 1993. Starrs contacts with representatives of the City or
Colton have revealed that installation in both new single family dwellings and the
retrofitting of existing homes has proven vel)' successful.
As a result of this Bill, the City of Santa Ana, Madera County and San Joaquin County
have already approved the use of CPVC pipe and other jurisdictions In San Diego County
are currently considering such approval.
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ATIACHMENTS: 1. Chapter 785 of the 1995 Statutes, Assembly Bill No. I51 (Baca)
2. Governor Wilson's letter approving Assembly Bill No. 151
(Baca)
3. Various Brochures on the use of CPVC Water Pipe
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