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Code Update

Codes and Standards are Important!

 

By Ron George, CIPE, CPD

President, Ron George Design & Consulting Services

 

Haiti Earthquake Stirs Many Organizations into Action: The recent earthquake in Haiti will go down as one of the deadliest in history. No one knows how many people have been injured or killed at this time. Haitian officials estimate that thousands have died. Estimates go as high as 200,000 deaths, but as of a just a few days after the earthquake, there was no confirmed death toll. At the time of this writing, there are still many buildings and outlying areas that have not been searched. The population of Haiti is about eight and a half million people (8,429,006 in 2007). Port Au Prince is the capital and is the largest city in Haiti, and recent estimates place the Port Au Prince metropolitan area'’ population at between 2.5 and 3 million people. For a comparison, the 2007 U.S. census data shows approximate populations for comparatively sized US Cities: Los Angeles — 3,834,340; Chicago — 2,836,658; Houston — 2,208,180; Philadelphia — 1,449,634; and Dallas — 1,240,499 people. Imagine an earthquake leveling a city the size of Los Angeles. Port Au Prince is located within a few miles of the earthquake epicenter and pictures show the lateral ground movement leveled just about every building in the city. Many buildings were concrete or masonry construction with very little reinforcing. Many people died instantly from non-reinforced buildings collapsing on top of them. Many others were injured and will likely die because of a lack of proper medical care. Many more will likely die from disease and unsanitary conditions over the next few months and years. Some will not die as a direct physical result of the earthquake, but there will most likely be deaths from the earthquakes indirect consequences that destroyed the plumbing and sanitary facilities. Most of the buildings and plumbing systems have been destroyed. Water treatment facilities and waste treatment facilities were few and far between, but public water faucets allowed people to get clean water and the facilities and infrastructures serving many of these were destroyed. Since the utility infrastructure is not functional, many people will likely get sick from cuts and abrasions in unsanitary conditions and from drinking unsanitary water. Water purification equipment will be very important for them.

 

The most deadly earthquake in history was on Jan. 23, 1556 in Shansi, China where it is reported that approximately 830,000 people were killed. The second deadliest earthquake was on December 26, 2004 near Sumatra where an underwater earthquake caused approximately 283,106 deaths from the earthquake and seismic wave (tsunami). The Haitian Earthquake will likely come close to this number as body counts increase and as people die from the resulting poor conditions in the aftermath.

 

The rebuilding effort

 

When countries rebuild, it is important to build the new structures to resist the forces that a future earthquake can impose on the buildings to prevent future deaths and destruction. The model building codes have minimum requirements for seismic design, including reinforcing, which provides health and safety for building occupants. Following a model building code such as the ones in the United States will surely reduce the number of deaths in future earthquakes.

 

We need to use this as a wake-up call for the United States. There are many major cities in the United States that are built on or near major fault lines. These cities have many multi-story buildings that were built before seismic code requirements required earthquake resistant construction for seismic zones. We need to work with local government jurisdictions and government agencies like the Federal Emergency Management Agency to plan for a similar type of natural disaster in the U.S. In seismic zones, we should make sure we have available heavy equipment portable water treatment equipment, medical supplies and properly trained people and resources for such an event here. The International Code Council has pledged to use its relationships with the United Nations and work with politicians to help rebuild the devastated nation and reduce future fatalities, injuries and property damage from earthquakes and other natural disasters in Haiti. The assistance will likely include building safety expertise, code books, plan review and inspections.

 

The strongest earthquake ever to strike North America was on March 27, 1964 in Anchorage, Alaska. It was a 9.2 magnitude earthquake centered 80 miles east of Anchorage, followed by a seismic wave (tsunami) 50 ft. high that traveled 8,445 miles at 450 mph. The Anchorage earthquake killed 117 people. In 1964, the population and the number of buildings in Alaska pale in comparison the number of buildings and the population today. Eight of the top 10 earthquakes in the U.S. occurred in the state of Alaska. The next largest earthquake occurred near St. Louis on the New Madrid fault in 1812. It registered a 7.9 magnitude and there was another earthquake near this fault in 1811 that registered a 7.7 magnitude. It is ranked as number 17 on the list of U.S. earthquakes. Many of you may remember the earthquake that occurred during the 1989 World Series television broadcast in the San Francisco bay area of California on Oct. 17, 1989. The earthquake measured 7.1 in magnitude killed 67 people mostly located on the double-decker bay bridge that collapsed. There were more than 3,000 people injured in that earthquake. The San Francisco bay earthquake of 1989 and the one from 1906 do not even make the top 25 list of earthquakes in the U.S. More than 100,000 buildings were damaged or destroyed in the 1989 earthquake, and just about the entire city of San Francisco was destroyed by the fires that followed the 1906 earthquake. The Haiti earthquake will probably rank in the top three or four of the deadliest earthquakes of all time.

 

World Plumbing Day

 

At its annual meeting in Centurion, South Africa (October 22-23, 2009), the World Plumbing Council confirmed details of the first ever World Plumbing Day, which will be celebrated on March 11, 2010. With the theme “Plumbing-Vital to Global Health,” plumbing organizations throughout the world will be invited to undertake a range of activities with the aim of raising awareness of the important role played by today’s plumbing industry.

 

A logo for the day was designed by young Indian graphic designer Anuja Khokhani of Ahmedabad, India. Her father publishes Indian Plumbing Today Magazine. I was present at the Indian Plumbing Association Conference in Hyderabad, India when she received an award for designing the logo which illustrates four key elements with which plumbing is associated; water, health, energy and environment. It is hoped that the logo will be used widely, drawing awareness to the fact that plumbing is far more important than many people in both developed and developing countries realize.

 

WPC Chairman, Robert Burgon, will launch the first World Plumbing Day at a press conference in Beijing, China in conjunction with the ISH China exhibition, organized by the World Plumbing Conference’s special industry partner Messe Frankfurt. Burgon said, “Our hope is that on World Plumbing Day, the world will come to realize that plumbing is essential in protecting both the health of our people and the health of our planet. Where countries have developed plumbing systems, the role of our industry is often taken for granted. In developing countries, many people have yet to discover the real difference that plumbing can make. The World Plumbing Conference hopes that newspapers and all other forms of media will help many more people to understand that our industry is a key player in so many aspects of a healthy society.” Burgon continued, “There are already international days for many important causes, some of which are relevant to plumbing, but this will be the first time that plumbing has been marked in such a way. As our logo says, we hope that on March 11 everywhere, starting in 2010, there will be far greater understanding of the role of our industry.” For more information see the World Plumbing Day Website at: http://www.worldplumbingday.org/.

 

ASSE Forms Scald Burn Awareness Committee

 

A scald awareness committee has been formed out of concerns brought out by recent green initiatives that are looking only at water reductions and not at health and safety issues. There are also local jurisdictions that are mandating low-flow fixtures and unwittingly creating scald, thermal shock and other health and safety hazards. I gave a presentation at ASME, ASSE and at a Water Efficiency Conference in California showing how the risk of scalding and thermal shock increases when low-flow shower heads are installed on existing non-compensating type or two-handled shower control valves. Rich Prospal the Immediate Past President of ASSE recognized the significance of the issue and formed a scald awareness committee with ASSE to develop a white paper on the issue and educate the industry and the public on the increased risk of thermal shock and scalding with low-flow shower heads that are used in conjunction with older-style non-compensating and two-handle shower controls. The scald awareness committee met via conference call on Friday January 8, 2010 and discussed ideas for accomplishing the tasks. ASSE members wishing to be on the committee are urged to contact ASSE at (440) 835-3040. Mr. Prospal is collecting a list of ASSE members interested in serving on the committee.  

 

Committee members will need to fill out an ASSE committee application form available from the ASSE office.

 

The purpose of the committee is to make everyone in the industry and the general public aware of scalding issues in particular the increased risk of scalding with low flow shower heads on non-compensating shower controls.

 

The committee will also strive to keep the press releases and reports in layman’s language so that everyone can easily understand the issue.

 

The committee will look into making blind test data available showing the increased risk of scalding with low-flow showerheads.

 

Committee members are encouraged to gather information for an outline of a white paper on scalding issues.

 

The committee will also explore developing “Press Releases” of different lengths for print audio and video media. They will also explore developing advertisements for trade magazines, association newsletters, newspapers, general magazines,

 

The committee will also explore developing video advertisements and segments for television, cable programs. They will also suggest covering the topic on television programs like the Discovery Channel programs: “MythBusters”, “Ask This Old House” and other science, construction trade and engineering related shows  

 

There was also discussion of the committee working with PBS stations to develop news stories or complete educational programs about the scalding/thermal shock issue.

 

There was discussion of developing a scald awareness web page on the Society Website.

 

There was discussion of working with other industry associations to develop links to the ASSE Scald awareness webpage and other industry and safety related websites.  (Natl Home Safety Council, Safe Kids, the Burn Association, The Phoenix Society, ASPE, ASME, ASTM, Consumer Product Safety Commission, etc, etc, etc.)

 

Preliminary discussions of the outline include the following issues:

 

  • Purpose of the awareness committee
  • Develop a web page to collect scald burn data from burn centers. Many Scald Burn Injuries go unreported in the media because of non-
  • disclosure terms of scald litigation settlements.
  • Burn injury statistics (Consider using the ASSE website as a place to gather scald burn statistics)
  • Description of the various degrees of burns
  • Definition of “Scalding”
  • Definition of “Thermal Shock”
  • Discussion on How Scalding and Thermal Shock can occur in a piping system
  • Discussion on Types of controls and their limitations:
  • Two-Handle mixing faucet
  • Single handle Mixing Faucet
  • Pressure Balancing valve conforming to ASSE 1016
  • Thermostatic valve conforming to ASSE 1016
  • Combination Pressure Balancing/Thermostatic valve conforming to ASSE 1016
  • Master - Temperature Actuated Mixing valve conforming to ASSE 1017
  • Local - Point-of-Use, Temperature limiting valve conforming to ASSE 1070
  • Temperature Actuated Flow Reduction valve conforming to ASSE 1062
  • In-line Pressure Balancing valve conforming to ASSE 1066
  • Water heater thermostats (Combination gas control valves for water heater burner/heater energy On-Off control cannot maintain a constant water heater outlet temperature)
  • Instantaneous electric and instantaneous gas water heaters.(cannot accurately control temperature/pressure as large flows vary)
  • Discussion on different types of fixtures and temperature limits at different Fixtures.
  • Maximum temperature limits at each fixture to prevent scalding.
  • Typical usage temperature for each fixture.

 

Legislative Update - California Senate Bill 407 - Low Flow Fixture Mandate.

 

SENATE TRANSPORTATION & HOUSING COMMITTEE

SENATOR ALAN LOWENTHAL, CHAIRMAN

BILL NO: SB 407

VERSION: 4/13/09

AUTHOR: padilla

SUBJECT: Replacement of high-water-using plumbing fixtures

 

DESCRIPTION:

This bill requires the owner of a property to replace high-water-using plumbing fixtures prior to any sale or transfer of the property that occurs on or after January 1, 2014.

 

ANALYSIS:

The California Building Standards Law establishes the California Building Standards Commission (BSC) and the process for adopting state building standards. Under this process, relevant state agencies propose amendments to model building codes, which the

Building Standards Commission must then adopt, modify, or reject. The Department of Housing and Community Development (HCD) is the relevant state agency for residential building standards. The Office of Statewide Health Planning and Development is responsible for hospitals and clinics, and Division of the State Architect is the relevant agencies for schools and emergency service buildings. Not all buildings fall under the jurisdiction of a relevant state agency. Most commercial, industrial, and manufacturing structures are considered "local buildings," over which local governments may determine applicable building standards.

 

Building standards are prospective in that they only to apply to new construction or to existing buildings that undergo alteration or rehabilitation. In a few instances, however, the Legislature has applied building standard-like requirements to existing buildings. For example, existing law requires that all water heaters in existing residential structures be braced, anchored, or strapped to resist falling or horizontal displacement due to earthquake motion. Existing law also requires that smoke detectors be installed in all existing multifamily residential dwellings and in single family dwellings that are sold.

 

California Senate Bill 407 requires:

 

The owner of a residential or commercial property to replace the following high-water-using plumbing fixtures with fixtures that use less water prior to any sale or transfer of the property that occurs on or after January 1, 2014:

  • Toilets manufactured to use more than 1.6 gallons of water per flush.
  • Urinals manufactured to use more than one gallon per flush.
  • Showerheads manufactured to have a flow capacity of more than 2.5 gallons per minute.
  • Interior faucets manufactured to have a flow capacity of more than 2.2 gallons per minute.
  • Provides that compliance with this requirement shall be a condition of escrow.
  • Requires that the seller both disclose the existence of the replacement requirement and certify, under penalty of perjury, to the prospective purchaser that the requirement has been met.
  • The bill provides that the disclosure of the replacement requirement is a material term of the sale or transfer.
  • Exempts the following types of transfers from the requirement:
  • Sale or transfer of a partial interest, including a leasehold.
  • Sale or transfer of a registered historical site.
  • Sale or transfer of a property for which a licensed plumber certifies that installation of water-conserving fixtures is not technically feasible due to the age or configuration of the property or its plumbing.
  • Sale or transfer of a unit on a newly subdivided property. (These units are covered by building standards for new construction.)
  • Transfers related to the administration of an estate, guardianship, conservatorship, or trust.
  • Transfers from one co-owner to one or more other co-owners.
  • Transfers made to fund an intervivos trust.
  • Transfers to a spouse or person "in the lineal line of consanguinity."
  • Transfers between spouses or domestic partners resulting from divorce or separation.

 

Requires a real estate agent or broker, whether representing a buyer or seller, to give written notice of this requirement to the client prior to sale, provides that this disclosure is the sole responsibility of the agent or broker, and absolves the agent or broker of liability for a seller's failure to disclose whether or not the requirement has been met.

 

It states that it does not preempt replacement requirements adopted by local governments that result in equal or greater water savings.

It states the intent of the Legislature that retail water suppliers are encouraged to provide incentives, financing mechanisms, and funding to assist property owners with these retrofit obligations.

 

COMMENTS:

1. Purpose of the bill . According to the author, California is currently confronted with water supply challenges that require the exploration and realization of all available water-saving options. While many cities, including Los Angeles, San Diego, San Francisco and Santa Monica, have ordinances that require the replacement of older toilets, showerheads, and faucet fixtures with more efficient fixtures, many existing buildings in other parts of the state have not been upgraded to meet current water use efficiency standards. The author believes that California needs a comprehensive approach to increase water use efficiency in homes and commercial properties that reflects the urgency of the state's water supply reliability concerns. Increasing the efficiency of water fixtures is a reliable and cost-effective manner to help California meet its water needs and Governor Schwarzenegger's target of reducing per capita water use by 20% by the year 2020.

 

2. Wringing water savings from existing buildings . California Assembly Bill AB 715 (Laird), Chapter 499, Statutes of 2007, goes one step further and prohibits the sale, after January 1, 2014, of water closets or toilets that exceed 1.28 gallons per flush and urinals that exceed 0.5 gallon per flush. Toilets and urinals, however, have a relatively long life span. As a result, it may take decades to achieve water savings in existing structures, because high-water-using fixtures will only be replaced when they cease to function or when an owner decides to upgrade. This bill seeks to speed up the achievement of these water savings by requiring the pro-active replacement of high-water-using toilets, urinals, and other plumbing fixtures when a property is sold.

 

However the Senators are not plumbing professionals and installing ultra-low-flow fixtures on existing oversized drain lines is a recipe or disaster.

 

3. Keeping up with the times . The bill requires owners to replace high-water-using fixtures with fixtures that use less water. This could mean installing new fixtures that save a single drop. With respect to toilets and urinals, the BSC has already adopted more stringent standards that apply to new construction. After July 1, 2011, toilets in new construction may not have an effective flush rate of more than 1.28 gallons per flush, and urinals may not more than 0.5 gallons per flush. With respect to showerheads and faucets, the building codes require a 20% water-use reduction from the levels cited in this bill. These reductions can be achieved at each individual fixture or in aggregate throughout the building.

 

In order to maximize water savings, the committee may wish to consider setting a standard for replacement fixtures that is at least as stringent as the standards for new construction.

 

4. Combining disclosures . This bill requires a seller to certify that he or she has replaced any high-water-using fixtures. It allows a seller to include this certification in existing disclosure documents. Given that the current transfer disclosure forms for one- and two-unit homes and for manufactured homes are written into statute, it is not really possible for a seller to modify these forms. The committee may wish to consider consolidating this disclosure with others by amending the transfer disclosure forms in statute.

 

5.Arguments in opposition . The California Association of Realtors believes that this bill will add time and cost to the already sensitive escrow process, which may endanger some property sales. The Association further believes that by relying on sales, it will take a long time to reduce water usage. A quicker and more direct approach is to mandate the retrofit of high-water-using fixtures by a date certain, regardless of whether the owner sells or holds onto the property.

 

The California Business Properties Association argues that requiring retrofit prior to sale of a building may actually delay implementation of water saving fixtures. When a building is sold, the new owners often spend significant amount of money to upgrade the building, including its plumbing fixtures. By placing the burden of retrofit on the sellers, this bill may actually discourage sellers from marketing properties that would be upgraded by new owners.

 

The Association also believes that the escrow process is too quick to allow for significant water efficiency improvements to a property.

In summary I am concerned that this bill will mandate ultra-low-flow (ULF) fixtures in older buildings where the drain lines are too big for the ULF fixtures. In many instances especially when there are grey-water-reuse systems and other non-water using fixtures there may not be enough hydraulic depth of flow left in the drain line or building sewers. There is a minimum flow required to maintain a scouring action in the drain and transport solids to the public sewer. The ASME A112.19.2 fixture standard only requires a fixture to transport the waste 40 feet to meet the standard. I don’t know of a plumbing system anywhere that is within 40 feet of a public sewer. I would like to see the standard rate fixtures in 20 foot increments up to 200 feet so the public can see which fixtures have enough drain line carry for their application. Sure the fixture can pass the standard at 40 feet. But I would like to see it marked on the fixture how far it will transport the test media in the standard. This would require revising the existing standard and utilizing a 4 inch pipe in the standard to simulate existing piping installations, but I feel this is important given the mandates for ultra-low-flow fixtures. Building drains and sewers will become blocked at a much higher rate causing fixtures to overflow with raw sewage. Sewage overflows will increase the risk of health hazards because of exposure to viruses, germs and mold of sewage that gets into carpets, wood floors and drywall. This legislation needs to have an option for an engineer or plumbing design professional to review the installation and exempt a building from the low-flow and ultra-low-flow fixture mandate when the drainage system is not designed for or small enough to maintain a sufficient hydraulic depth of flow. We need to keep reminding the politicians that in this age of low-flow fixtures, ultra-low-flow fixtures, non-water-using fixtures and grey water reuse systems that divert water away from the drainage system, “there needs to be enough water in the river to float the boats”. The industry desperately needs funding for drain line transport studies through organizations like the Plumbing Efficiency Research Coalition (PERC).

  

Ron George is president of Ron George Design & Consulting Services. He has served as Chairman of the International Residential Plumbing & Mechanical Code Committee. He is active in plumbing code and plumbing product standard development committees with ICC, IAPMO, ASSE, ASME, ISEA and ASTM. His company specializes in plumbing, piping, fire protection and HVAC system design and consulting services. He also provides plumbing and mechanical code consulting services and he provides investigations of mechanical system failures and litigation support. To contact Ron, w-mail: rgdc@rongeorgedesign.com.