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507_00001AMENDEDBYORDINANCENo,.LORDINANOgyo.507 AN ORDINANCE REPEALING GAS ORDINANCE No.336 AND PROVIDING REGULATIONS AND STANDARDS RE- LATING TO PUBLIC SAFETY,REGARDING THE SALE, INSTALLATION,ALTERATION OR REPAIR OF ANY GAS PIPING,APPLIANCES,CHIMNEYS OR VENTS,OR ANY I APPURTENANCES THERETO,USING GAS AS A FUEL, NOW OR HEREAFTER TO BE PLACED IN OR ATTACHED TO ANY BUILDING OR STRUCTURE WITHIN THE CITY OF MOSES LAKE,WASHINGTON,AND PROVIDING FOR THE ISSUANCE OF PERMITS,AND THE COLLECTION OF FEES THEREFOR:PROVIDING FOR THE LICENSING OF PERSONS ENGAGED IN THE BUSINESS OF INSTALLING, MAINTAINING,ALTERING,EXTENDING,OR REPAIRING GAS PIPES;AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AS FOLLOWS: Section 1.Purpose. The purpose of this ordinance is to provide minimum standards , provisions,and requirements for safe and proper installation of gas pipes and gas appliances on consumers'property,and for maintenance and report of such appliances . Section 2.Scope. All gas appliances or gas pipea hereafter sold,installed,maintained, or repaired within the corporate limits of the city shall conform to the requirements of this ordinance. Section 3.Definitions. The following definitions are provided for the sole purpose of proper interpretation and administration of this ordinance: (1)Certificate of Approval -shall mean a document issued and attached to the material,piping,or appliance inspected,completely filled out,together with date,address of the premises or consumer,and signed by the inspector. (2)Consumer -shall mean,any person,persons,customer,firm, association,municipal corporation,.and/or corporation that uses gas ,including residential,commercial,and industrial users . (3)Gas -shall mean natural,articifial,liquified petroleum and/or i mixed gas. (4)Gas Appliance -shall mean any appliance or device used for burning gas . (5)Gas Utility Company -shall mean any person,firm,or corporation holding and exercising a franchise or permit to distribute gas within the corporate limits of the City of Moses Lake. (6)Gas Utility Company Service Line -shaÏl mean the gas piping leading from the gas main to the point of delivery. Ôrdinance No.507 (Continued) (7)Gas Installer -shall mean any person engaged in the business of installing,repairing,adding to or servicing any gas fired heating system,water heating device,cooking device or any other gas burning appliance. (8)Gas Fitter -shall mean one who does any gas fitting work, installs,repairs,or remodels any piping or appliance which would be subject to supervision and inspection under the pro- visions of this ordinance. (9)Gas Apprentice --shall mean a person learning the trade and working under the direct supervision of a licensed gas fitter. (10)Inspector -shall mean the authority designated by the Fire Chief . (11)Maintenance,Maintaining,and/or Maintained -shall mean and include the relaying,repairing,replacing,examining, testing,inspecting,removing,digging,excavating,and restoring operations incidental thereto. (12)Person -shall mean any person,firm,association,or corporation. (13)Point of Delivery -shall mean the junction of the utility's meter with the consumer's piping. (14)Premises -shall mean the property,including structures, of the consumerAppliance -shall mean a gas appliance which has been previously sold,installed,and used. (16)Vent -shall mean a pipe,flue,or chimney designed and/ or installed to carry the products of combustion from an appliance to the outside atmosphere. Section 4.Gas Installation License Reguired. No person,firm or corporation,shall engage in or work at the business of installing,altering,or repairing any gas appliance or the gas piping,chimneys or vents,controls or appurtenances thereto,using natural or any type gas as a fuel,now or hereafter to be placed in or attached to any building or structure within the City of Moses Lake,Washington,either as an employer or an individual unless such person,.firm or corporation has received a Gas Installation License therefor.In order to obtain this license he must have been qualified as follows: Section 4 .l .Performance Bond . Before a Gas Installation License is issued to an applicant,the applicant shall file with the City Treasurer,a performance bond to be effective during the period for which the license is issued plus one year from the date of the expiration of the license in the sum of Five Thousand Dollars ($5,000) executed by the applicant and a surety company,acceptable to the legislative body of the city,conditioned that the licensee shall fully comply with all provisions of this ordinance and that any person damaged by failure of said licensee to comply with the provisions of this ordinance shall have a right of action against the licensee and his surety company;PROVIDED,that any person desiring to avail himself of the benefits of such bond shall commence action thereon within one year after the date of the completion of the work allecjed to have been done improperly. Section 4 ,2 .PLPD Insurance . Before a Gas Installation License is issued to an applicant, the applicant shall file with the City Treneurer a public liability and property damage insurance policy or a writtencertificateofthesame,issued by an insurance carrieriauthorizedtodobusinessintheStateofWashington,in the amount of at least One Hundred Thousand Dollars ($100,000.00)for one person and Two Hundred Thousand Dollars ($200,000.00)for two or more persons injured orkilledasaresultofoneoccurrenceandatleastFifty Thousand Dollars ($50,000.00)aggregate for property damage as a result of any one occurrence,covering damages resulting from any gas fitting work done by the licensee or his employees or agents,which policy shall be in effect during the period for which the license is issued.'Such policy shall include work during progress as well as work after completion. Section 4.3.Fee for Gas Installation License. The applicant shall make application to the City Treasurer on forms provided by the Inspector or his representative and pay the annual fee of Five Dollars ($5.00)per year,providing that licenses shall be .renewed on or before January 15th of each year.A fee of Six Dollars ($6.00)shall be charged for renewal oflicensesafterJanuary15th.Provided further,that if application for an initial license is granted after July 15th of any calendariyear,the fee for the remaining portion of that year shall be one-half of the annual license fee.Said license shall continue in force during the calendar year and expire December 31st of the year in which it is issued unless revoked or suspended during said calendar year and it shall not be transferable. Section 4.4..Display of Gas Installer's License. Every holder of a gas installation license shall display his current license certificate conspicuously at his principal place of business.An authorized place of business must comply with the Zoning Ordinance of the City of Moses Lake. Section 5 .Gas Fitters License Required . No person shall install,extend,alter,service,or repair any gasappliance,pipings or appurtenances thereon or in rconnection with gas service on a consumers premises.withirr the-City of Moses Lake, Washington,unless such person has first applied in writing for,and procured,a Gas Fitters License,in accordance with theprovisionsofthisordinance. Section 5.1.Display of Gas Fitter's License. Every licensed fitter shall carry his current license certificate onhispersonwhileengagedintheactivity.of gas fitting. Section 5.2.Loaning of License Prohibited -Penalties. No person,firm,or corporation,shall lend his or their gasfitter's license to any other person,nor shall any such licensed person,firm,or corporation apply for a permit.in his or their name for use of any other person,and any such licensed person,firm,or corporation so doing or refusing to comply with any otherrequirementsofthisordinanceshallhavehisortheirgasfitter'slicensesuspendedorrevokedbytheCity. Gas Ordinance No.507 (Continued) Section 5.3.Gas Apprentice Fitters Permit. The Gas:Board shall issue a temporary permit for a period of Ninety (90)days while the permittee is preparing to take aagast fitters amisnatioan Said permit may be revoked at Section 6..Board of Examiners. There-is hereby created a Board to be known as a "Board of Examiners"for the purpose of examining applicants for a gas fitter's license.Said Board shall consist of the inspector who shall act as Clerk,the Chief of the Fire Department or his authorized representative and three members-to be appointed by the City Manager.One of the appointees shall be a representative of a gas utility company in the city;the second shall be an individual engaged in gas installation;and the third,any competent person.The three appointed members shall serve for three years,except for the first term,when one shall be appointed for three years, one for two years,and one for one year. Section 7.Organization of Board and License Fee. At its first regular meeting,said Board of Examiners shall select aChairmanandshalldesignatethetimeandplaceforexamination of all applicants desiring to engage in installing gas appliances or gas piping.All applications for such license shall be in writing upon forms to be prescribed by the Inspector.A jajority of the members of the Board will constitute a quorum and shall be competent to transact any business.The Clerk of the Board shall keep minutes of its meetings .Said Board shall examine saie applicants as to their practical and theoretical knowledge of gas pipe fitting and of installation and adjustment of gas appliances,shall submit the applicant to some satisfactory form of practical test,and if satisfied on the competence of the applicant,shall so certify to the City Treasurer,who shall thereby be authorized to isstie to such applicant,upon his applying for same and paying the fee therefore,a Gas Fitter's license,authorizing him to install,extend,or alter or repair gas piping or gas appliances,at which time he shall also cause the applicant to register in the office of the Inspector his name,place of business,residence,license number,date of examination,and capacity.in which.he was licensed.The annual fee for a licensed gas fitter shall be Five Dollars ($5.00) for the first year and the renewal fee shall be Three Dollars ($3.00) per year when renewed prior to January 15th.Provided that licenses shall be renewed without the necessity of submitting to re-examination on or before January 15th of each year,unless the licensee has failed to renew his license for a period of two consecutive.years .Said license shall continue in force during the calendar year and expire on December 31st of the year in which it is issued,unless revoked or suspended during staid calendar year,but shall not be transferable . Provided,further,that if the Board of Examiners is satisfied that a person who possesses a valid Gas Fitter's license issued by a political subdivision of the State of Washington is duly qualified without further examination to perform the work of a gas fitter within the City of Moses Lake,such Board shall so certify in the manner indicated above. Gas Ordinance Mo.507 -(ðontinued) Section 8.Revocation or Suspension of License. Any license granted under the provisions of this ordinance may be suspended or revoked by the Inspector whenever it shall be made to appear to him that the person to whom the license is issued has violated any of the provisions of this ordinance or upon conviction of said person of any offensetinvolvingimoralturpitude.In the event the Inspector shall suspend orrevokesaidlicense,he shall cause to be served upon the licensee a formal order of suspension or revocation of said license which order shall recite the reasons therefor.An appeal from any order of the Inspector suspending or revoking a license granted hereunder may be taken to the.Board of Appeals within five (5)days after service upon the licensee of the order of suspension or revocation ,whereupon said Board of Appeal shall hold a hearing thereon at a date to be fixed by it.The suspension or revocation of a license shall give the-licensee no right to a refund from any unearned portion of the fee paid. Any order provided for in this ordinance shall be-served either(1)by delivering a copy personally upon the licensee,or (2)by leaving a copy with some person of suitable age and discretion at the place of business of the licensee,or if no person may be found at the place of business.of the licensee,by leaving such order in a conspicuous place on the premises and mailing a copy of the order to the licensee at his place of business as set forth in his application for a license. Section 9 .no e to dAeeerami e the suitability of alternate materials and type of construction and to provide for reasonable interpretation of the provisions of this ordinance and to hear appeals from anorderofthe.inspector,there shall be:,and is hereby created,aBoardofAppeals,which shall consist of the members-of the Board of Examiners,with the:exception of the inspector,who shall act as Secretary of thet.Board.The Board shall adopt reasonable:rules and regulations for conductingits investigation and shall render all decisions and findings in writing to the inspector with a duplicate copy to the appellant;and mayrecommendtotheCityManagersuchlegislationasis consistent therewith.The Board of Appeals shall meet upon the call of the inspector. Section 10.Responsibility oflLicensee. This ordinance .shall not be construed as relieving such persons owning,operating,installing,or inspecting any gas piping, appliances,or otherigas apparatus from liability to anyone injured by any defect therein.Nor shall the city or any agent thereofbeconsideredtohaveassumed.any such liability by reason of the inspection authorized hereunder or by reason of the issuance of a certificate of inspection.by the inspector. Gas Ordinance No.507 (Continued) Section 11.Enforcement and Entry for Inspection. The inspector is hereby authorized and directed to cause inspections to be made of all consumer gas installations and to enforce all of the provisions of this ordinance.Upon presentation of proper credentials,the inspector may enter any consumer's building or premises at any reasonable time for the:purpose of making inspection or preventing violations of this ordinancer Section 13.Permits for Work on Consumer's Property and.Fees. No person shall install,extend,alter,or repair any gas piping or gas appliance pertaining to,.or in connection with, a gas system on a consumer's premises without first obtaining a permit in the form prescribed by the inspector to do such work. Provided,however,that no permit is required for 'servicing gas appliances .Such permit shall state the kind of work to be done thereunder,and it shall be unlawful for any person to do or perform any work other than thitdesignated in said permit.Such permit ishall also state the location by street and number of the consumer's premises,where such work o is to be done,and shall be valid only for the location so stated.A separate permit shall be issued for each consumer's premises and shall terminate sixty days after issuance unless extended by the inspector for good and sufficient cause. Persons failing to obtain permits before commencing work on the installation,alteration,or repair of any bas piping or gas appliances,except as otherwise provided herein,shall be required to pay double the fee herein specified when such permit is finally obtained.The payment of such double fee, however,.shall in no way relieve the persort of the penalties otherwise.provided for the violation of this ordinance.Provided, that in case of an emergency arising out of office hours where an immediate repair may be necessary,.said repairs.may be made under the express condition that a permit be obtained in the manner herein provided on or before noon of the next following business day.The City Treasurer shall collect fees for such permits as follows: Schedule of Fees For one or more appliances installed in a residential unit $1.50 For a system of gas piping.installed-in a residential unit 1.50 For one or more appliances installed in a commercial building .3.00 For a system of gas piping installed in a commercial building 3.00 For extensions of gas piping in a commercial building 2.00 Inspedfion of used appliances offered for sale 1.00 Gas Ordinance No.507 (Continued) Section 13 .Records . The inspector shall keep a record of all gas installations- inspected.He shall keep a record of all licenses and permits issued under this ordinance. Section 14 .Piping . All gas piping shall be installed in strict accordance with NBFU Bulletin No,.54,or as hereafter amended. (1)Any underground gas service line prior to entering any building without rising first above ground,shall pass through a vented pit or encasement directly adjacent to the building or vented by means of a curb. (2)Any gas line entering a building underground shall be sealed gas tight at the building line,in a manner approved by the inspector and all buried gas lines shall be coated and wrapped in an approved manner and inspected by the inspector prior to cover. Section 15.Piping Inspection. (1)Inspector to be Notified of Inspection.When any work done under a permit issued by the inspector is completed and ready for inspection,the person to whom the permit has been issued shall,within twenty-four hours after completion ofIsaidwork,notify the inspector and the gas utility companythatthesamehasbeencompletedandisreadyforinspection, and the inspector shall cause said work to be inspected within a reasonable time thereafter. (2)Rough Piping Inspection.Rough piping inspection shall be made by the inspector after all piping authorized by the permit has been installed and before any such piping has been covered or concealed. (3)Test or Final Piping Inspection.Test or final piping inspection shall be made by the inspector after all piping authortzed by the permit has been installed and before anyportionsthereofwhicharetobeconcealedbyplasteringorotherwise,have been so concealed,and before any fixtures or gas appliances have been attached thereto.This inspectionshallincludeapressuretest,at which time the piping shall stand a pressure of a column of mercury six (6)inches in height,and the piping shall hold this pressure for asperiodoÏatleastten(10)minutes without any perceptible drop in pressure.A U-gauge type mercury column may be used for the i test,if air pressure is used a pressure of ten (10)lbs,minimum will be required. (4)Tools,Apparatus,and Labor for Test.All tools,apparatus,labor and assistance necessary for the test shall be furnished by the permittee. Gas Ordinance No.507 (Continued) (5)Inspection Reguired if Gas Not Used for a Period of Time A new permit for a One Dollar ($1.00)fee and a new inspection certificate shall be required for a consumer's premises which already have been piped for gas,but in which no gas has been used for a period of twelve (12)months or more. Section 16.Certificate of Approval. The inspector shall issue a certificate of approval at the completion of the work for which a specific permit has been issued,if,after inspection,it is found that such work has complied with the provisions of this ordinance and all other requirements of law or ordinance applicable .thereto.A duplicate of each certificate of approval shall be delivered to the gas utility company and used as its authority to grant gas service. Section 17.-Appliance Adiustment, Upon receipt of application for gas service and acceptance by the gas utility company and upon receiving the certificate of approval,a qualified employee of the gas utility company shall provide gas service to the customer.The fitter,when authorized by the inspector,shall purge all lines,light pilots,operate all appliances.,check out and adjust all burners,controls,vents,and appurtenances thereto. Should any appliance or part thereof be found to be defective or incapable of satisfactory adjustment,thereby creating a hazardous condition,said appliance shall be turned off and left ,inoperative until satisfactory repairs shall have been made.Appliance is to be identified by a red warning tag indicating that the appliance is not to be put into operation. Section 18 .Defective Work or Materials . If the inspection shall show that defective materials have been used or defective workmanship has been performed in the installation, alteration,repair,or extension of any gas pipe,fixture,or appliance in or on any consumer's premises,such defective materials or work shall be replaced by the permit holder within three days and the inspection repeated. Section 19.Dangerous or Defective Piping or Appliance Disconnection By Order of Inspector (1)The inspector may cause to be disconnected any gas piping, fixture,or appliance,which has been connected before a certificate of approval has been issued or which,upon inspection,shall be found defective or in such condition as to endanger life or property. In all cases in which such a disconnection is made,a notice shall be affixed thereto and shall state that the same has been disconnectecÏby the inspector,together with the reason or reasons therefore,and it shall be unlawful for any person to remove said notice or to reconnect said gas piping,fixture, appliance until authorized by the inspector to do so. Gas Ordinance No.507 (Continued) (2)The inspector shall have the duty,responsibility,and right of access to inspect all gas appliances in public buildings,commercial buildings,and industrial plants in connection with the enforcement of fire regulations . Section 20.Reguirements of New or Used Gas Appliances and Accessories. (1)All gas appliances and accessories installed for domestic orcommercialuseshallcomplywith,and be of a design and contruction of,applicable American Standard Approval,Listing,and Installation Requirements for gas appliances and accessories covering safe operation,substantial and durable construction,acceptable performance,and installation of the American Gas Association,Inc., and as hereafter amended:Provided,however,the:tindustrial and other specialized appliances and equipment not indluded in theaboverequirementsoftheAmericanGasAssociation,Inc., and adopted by the American Standards Association,Inc.,maybesoldandinstalledonlyuponapprovalbytheinspector.Each appliance approved by the American Gas Association,Inc.,shall be so marked or labeled with a distinctive trade-mark or name as a means of identification and shall bear information showing the rated hedt inputin BTU per hour.Each new gas appliance approved by the American Gas Association,Inc.,shall be considered anapprovedapplianceandshallalsobemarkedandlabeledso.All heating.and water heating appliances shall be equipped with American Gas Association approved devices which will shut off the gas to the main burner and to the pilot in the event of pilotifailure.Automatic.controls shall be required on all boilers, furnaces,room heaters of all types,hot water tanks,and any other equipment the inspector may require for safety purposes . (2)All used gas appliances hereafter sold or offered for sale or installed shall be approved by the inspector for safety,and shall be identified accordingly.Used gas appliances shall be connected to gas outlets for use at the time of inspection.In the event the appliance has been used.with gas other than that proposed,it shall be subject to approval by the inspector as having been properly converted for use with this cjas.All existing yard pipe lines and those hereafter installed shall conform to this ordinance. Section 21.Safety Pilots on Large:Appliances . On all gas fired boilers having an enclosed combustion chamber a nameplate rating in excess of 400,000 BTU per hours,a flame safeguard having.a response time of five seconds or less,shall be installed for each burner,or group of burners operating as a unit,which will shut off the flow of gas to the burner in i case of flame failure at a point of supervision with electric ignition. Gas Ordinance No.507 (Continued) Section 21.Conversion from Nongas Fuel to Gas . Furnaces,boilers,or other types of heating equipment designed to burn fuel other than gas shall not be converted to burn gas until such equipment has been approved for conversion by the.gas.utility company.Conversion shall be ma¢le. strictly in accordancewith ASA Bulletins Z 21.33 or Z 21.8 whichever applies . Section 23.Proper Installation. (1)Every gas appliance hereafter installed shall be installed in , accordance with the requirements of gas piping and gas appliances in buildings set.forth in the applicable standards adopted in Section 25. Section 24.Condition of Vents,Pioing,and Appliances. (1)All gas piping,vents,vent connections,and appliances shall be maintained in good condition;provided,however,.that no gas piping,.vent,vent connection,fixture,or appliance riot conforming to the requirements of,this.ordinance shall be used or maintained. (2)No installer or individual shall install or cause to be installed in the same room with a vented appliance,a ventilating fan in a residence,apartment,hotel,or commercial establishment until the following.provisions are complied with:.There shall be a permanently opened ventilator or opening or series of openings at least equal in area to the total square inches in the exhaust opening of the fan or fans . (3).A11.outside brick,concerete or masonry chimneys must have an approved tile or metal liner.An outside chimney is considered to be a chimney where one or more sides is.exposed to the outside above grade.An unlined outside chimney shall not be used as a gas vent,unless.approved by the authority having jurisdiction. Inside brick,concrete or mesonry.chimneys which are in good condition may not require a liner.The authority having jurisdiction should be.consulted where the condition of the chimney is questionable, and if found to be faulty the chimney must also be lined.Bracked chimneys need not be lined if in good condition,but must have a 6 inch sump depth or pocket below the bottom of the vent connection from the appliance. (A)No existing flue shall be used to vent gas.appliances unless it will deliver the products of gas.combustion to the outer atmosphere in accordance with this ordinance . (5)No person shall install any black flue pipe for the purpose of venting products for combustion from a gas fired appliance. (6)An approved vent cap or top which will prevent precipitation from entering the vent,shall be installed.An approved vent cap or top shall be so constructed that it cannot slip down and block the vent opening.Such an approved vent cap or top should be positioned so that:The vent cap extends at least two feet above flat roofs or two feet above the highest part of wall parapets -and peaked roofs within 20 (twenty)feet.The vent cap or top installed on the vent at its terminus shall have a free open area equal to the cross sectional area of the vent pipe on which it is installed.A reduction in height of vent may be permitted by the inspector after tests indicate proper venting of flue products has been achieved. Gas Ordinance No.507 (Continued) (7)All gas piping and fittings shall meet the requirements of Section 2.5 NBFU No..54 Standards of the.National Board of Fire Underwriters for the Installation of Gas Piping and Gas Appliances in Buildings . Section 25 .Adopting by Reference . The following,and as the same also may hereafter be amended, are hereby 4dopted by reference and shall be observed: (1)Appliances: American Standard Reguirements for Installation of Domestic Gas Conversion Burners.Z 21.8 1958 American Standard Reguirements for Installation:of Gas Eguipment in Large Boilers.Z 21.33:.1950 NBFU No.54 Standards of the National Board of Fire Underwriters for the Installation of Gas Piping and Gas Appliances in Buildings. dated 1959 NBFU No.58.Storage and Handling of Ligulfied Petroleum Gases.dated 1963 American Standard Reguirements for Installation of Gas Piping and FU N .ances S orage annd Ha d121.30,dag i ieldS59etroleum Gases at Utility Gas Plants,dated 1962 Section 26.Conflicting Provisions. In the event any of the provisions of this ordinance conflict with any other provisions of this ordinance,with any other ordinances of this city,or with the standards embodied in state and federal laws and rules and regulations,the provisions containing the highest standards shall be observed. Section 27 .Liability of City Officials or Employees . This ordinance shall not be construed as imposing upon the CityofMosesLakeanyliabilityorresponsibilityfordamagesresulting from defective piping or appliances or the installation thereof, nor shall the City of Moses Lake or any official-or employee thereofbeheldasassuminganysuchliabilityorresponsibilitybyreasonoftheinspectionauthorizedthereunder. I Section 28.Validity. If any section,subsection,paragraph,sentence,clause,or phrase of this ordinance.is declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this ordinance . Gas Ordinance No.507 (Continued) Section 29 .Penalties . Any person,firm,or corporation that shall fail to comply with, or violate,any of the provisions of this.ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof, shall be fined in an amount not exceeding Three Hundred Dollars ($300.00) or by imprisonment in the City jail not exceeding Ninety (90) days,or by both such fine or imprisonment. Section 30.Title of Ordinance. This ordinance shall be known as the "Gas Ordinance of Moses Lake"and may be cited as such. Section 31.Effective Date. This ordinance shall be in full force and effect five (5)days from, and after,its passage,approval,and legal.publication as provided by law. PASSED this 28th day of April,1964. C k APPROVED AS TO FORM: ty Attorney