BUILDING STANDARDS BULLETIN 10-01
DATE: August 18, 2010
TO: INTERESTED PARTIES
SUBJECT: STATE PEX EXCLUSION REMOVED from the California Plumbing Code (CPC) EFFECTIVE AUGUST 18, 2010

This information bulletin is being issued to highlight an action taken by the California Building Standards Commission (commission) on August 16, 2010, concerning cross-linked polyethylene flexible plastic pipe, commonly referred to as PEX. The action taken removed the state's amendment that excluded the use PEX for water piping systems from the 2007 California Plumbing Code (California Code of Regulations, Title 24, Part 5), and to amend the 2010 California Plumbing Code (California Code of Regulations, Title 24, Part 5). The regulations include mitigation measures identified in the Commission's Second Revised Draft Environmental Impact Report (SRDEIR) and additional conditions and restrictions on the use of PEX. The Commission's action allows the statewide use of PEX in hospitals, clinics, schools, residences and commercial structures. The effective date of this action is August 18, 2010 for the 2007 CPC and January 1, 2011 for the 2010 CPC. You can view the SRDEIR on the Commission's website: http://www.documents.dgs.ca.gov/bsc/pex/2010/Final-EIR/SR-FINAL-EIR-PEX-08-09-10.pdf

In January 2009, the Commission adopted PEX regulations that allowed the statewide use of PEX Tubing by removing the CPC's exclusion of PEX. The PEX regulations have been the subject of litigation. During the litigation, the court ordered that the PEX regulations must be "vacate[d] and set aside" pending the Commission's preparation and certification of the SRDEIR. The Commission complied with the court's order by repealing the previous action taken by the Commission in January 2009. The repeal became effective on July 1, 2010.

Availability

The documents reflecting the changes are available on the Commission's website at http://www.bsc.ca.gov/pex.htm . Publication of the changes to the California Plumbing Code will be available from the publisher at www.iapmo.org, depository libraries around the state, and bookstores carrying technical publications.

In addition to the above, California Building Standards Law requires that each local jurisdiction, including charter cities, obtain and maintain with all revisions on a current basis, at least one copy of the building standards and other regulations relating to buildings published in Titles 8, 19, 20, 24 and 25 of the California Code of Regulations. The law mandates that these codes are to be maintained in the office of the building official responsible for administration and enforcement of California Building Standards Law.

The law allows local jurisdictions to make modifications to Title 24 for reasons of local conditions, namely climate, topography, and/or geology. This provision may have an impact on the use of PEX in any particular local jurisdiction.

APPROVED EXPRESS TERMS FOR BUILDING STANDARDS OF THE CALIFORNIA BUILDING STANDARDS COMMSSION (CBSC) REGARDING ADOPTED AMENDMENTS TO THE 2007 and 2010 CALIFORNIA PLUMBING CODE (CPC) FOR THE CALIFORNIA CODE OF REGULATIONS (CCR), TITLE 24, PART 5

The California Building Standards Code (California Code of Regulations, Title 24, Parts 1, 2, 3, 4, 5, 6, 7, 8, 10 & 12) is published in its entirety every three years and is effective to all buildings that submit an application for a building permit during its effective period. Each triennial edition of the California Building Standards Code becomes effective 180 days after its publication and is effective at the time an application for a building permit is submitted.

These approved regulations amend the 2007 edition of the California Plumbing Code (CPC) based on the 2006 edition of the Uniform Plumbing Code (UPC) of the International Association of Plumbing and Mechanical Officials (IAPMO) and the 2010 edition of the CPC based on the 2009 UPC for buildings permitted under the California Plumbing Code (CPC). Further, California law makes the UPC standards adopted by the Commission applicable to all occupancies in California.

In January 2009, the Commission adopted PEX regulations that allowed the statewide use of PEX Tubing by removing the CPC's exclusion of PEX. The PEX regulations have been the subject of litigation. During the litigation, the court ordered that the PEX regulations must be "vacate[d] and set aside" pending the Commission's preparation and certification of the SRDEIR. The Commission complied with the court's order by repealing the previous action taken by the Commission in January 2009. The repeal became effective on July 1, 2010.

The Commission prepared and certified the SRDEIR which supports the adoption of PEX regulations and constitutes full compliance with the California Environmental Quality Act (CEQA). The California Building Standards Commission adopted and approved new PEX regulations and amended other regulations that allow the statewide use of PEX Tubing. The parties involved have reached a tentative settlement agreement that reflects the mitigation measures identified in the SRDEIR and additional conditions and restrictions on the use of PEX that address concerns raised after the release of the SRDEIR. The Commission action implements the terms of the settlement agreement.

The regulations include mitigation measures identified in the Commission's Second Revised Draft Environmental Impact Report (SRDEIR) and additional conditions and restrictions on the use of PEX. The Commission's action allows the statewide use of PEX in hospitals, clinics, schools, residences and commercial structures. The effective date of this action is August 18, 2010 for the 2007 CPC and January 1, 2011 for the 2010 CPC. You can view the SRDEIR on the Commission's website: http://www.documents.dgs.ca.gov/bsc/pex/2010/Final-EIR/SR-FINALEIR- PEX-08-09-10.pdf

Section A of these Approved Express Terms describes the Commission's action to adopt the PEX regulations into the 2007 CPC on an emergency basis and will be effective upon filing with the Secretary of State (see above), and Section B of these Approved Express Terms describes the Commission's action to adopt PEX regulations into the 2010 CPC effective January 1, 2011.

A. The express terms for adopting PEX regulations into the 2007 CPC are presented in the following amendments to Chapter 6 of the 2007 CPC:

CHAPTER 6 WATER SUPPLY AND DISTRIBUTION

TABLE 6-4^{1, 2, 3}

When PEX tubing is placed in soil and is used in potable water systems intended to supply drinking water to fixtures or appliances, the tubing or piping shall be sleeved with a material approved for potable water use in soil or other material that is impermeable to solvents or petroleum products.

² PEX tubing shall meet or exceed the requirements of ASTM F 876-08 or an equivalent or more stringent standard when used in continuously recirculating hot water systems and the PEX tubing is exposed to the hot water 100% of the time.

³ The use of PEX-AL-PEX in potable water supply systems is not adopted.

(1)

At the time of fill, each fixture shall have a removable tag applied stating:

This new plumbing system was first filled and flushed on ______ (date) by ___________ (name). The State of California requires that the system be flushed after standing at least one week after the fill date specified above. If this system is used earlier than one week after the fill date, the water must be allowed to run for at least two minutes prior to use for human consumption. This tag may not be removed prior to the completion of the required second flushing, except by the building owner or occupant.

(2)

Prior to issuing a building permit to install PEX pipe, the building official shall require as part of the permitting process that the contractor, or the appropriate plumbing subcontractors, provide written certification that he or she will comply with the flushing procedures set forth in the Code.

(3)

The building official shall not give final permit approval of any PEX plumbing installation unless he or she finds that the material has been installed in compliance with the requirements of the Code, including the requirements to flush and tag the systems.

(4)

Any contractor or subcontractor found to have failed to comply with the PEX flushing requirements shall be subject to the penalties in Health and Safety Code, Division 13, Part 1.5, Chapter 6 (Section 17995, et seq.).

604.11 PEX. Cross-linked polyethylene (PEX) tubing shall be marked with the appropriate standard designation(s) listed in Table 14-1 for which the tubing has been approved. PEX tubing shall be installed in compliance with the provisions of this section. All PEX pipe installed in California must provide at least 30-day UV protection.

604.11.1 PEX Fittings. Metal insert fittings, metal compression fittings, and cold expansion fittings used with PEX tubing shall be manufactured to and marked in accordance with the standards for the fittings in Table 14-1. Brass fittings used with PEX tubing shall meet or exceed NSF 14-2009 standards to prevent dezincification and stress crack corrosion.

604.11.2 Water Heater Connections. PEX tubing shall not be installed within the first eighteen (18) inches

(457mm) of piping connected to a water heater.