http://www.documents.dgs.ca.gov/bsc/pex/2010/Final-EIR/IB_10-01-PEX.pdf
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
Background
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.
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.