20080811_2326.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER RED FO RD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE:AUGUST 4, 2008
SUBJECT:SUSPENSION OF THE COMMISSION'S GAS SERVICE RULE 102
IDAP A 31.31.01.102
The Staff has received an inquiry from A vista Utilities regarding an apparent conflict
between two Commission rules. The issue was brought to Avista s attention when a Post Falls
City building official asked Avista about the utility s procedures for inspecting a customer
installation of a natural gas appliance. More specifically, the City official was referring to the
Commission s Gas Service Rule 102, IDAP A 31.31.01.102. This rule provides in pertinent part:
The gas corporation shall inspect the customer s installation (of a gas appliance)
before the connection of a meter to ascertain that the installation conforms to the
provisions contained in the National Fuel Gas Code and the Uniform
Mechanical Code, as adopted by the Commission.
Gas Rule 102, IDAP A 31.31.01.102 (emphasis added). This rule has not been amended since the
Commission converted its administrative rules to the new Idaho Administrative Procedures Act
numbering system in 1993.
In contrast, the Commission s Safety Rules 202 and 203 were most recently amended in
2008. IDAPA 31.11.01.202 and 203. The apparent conflict arises with subsection .02 of Rules 202
and 203. Safety Rules 202.02 and 203.02 are nearly identical I and read in pertinent part:
02. Utility Compliance. All gas corporations subject to the jurisdiction of
this Commission are required to abide by applicable provisions of the
I Safety Rule 202 adopts the International Fuel Gas Code of 2006 and Safety Rule 203 adopts the International
Mechanical Code of 2006. The International Codes are updated every three years by the International Code
Council. The Legislature has adopted the International Mechanical Code and the International Fuel Gas Code in
Idaho Code 9 54-5001.
DECISION MEMORANDUM
International Mechanical Code (or International Fuel Gas Code) and to
connect for service and light only those installations that:
a. Have been inspected and approved by authorized agencies; or
b. When inspecting agencies do not exist, to require their customers to abide
by applicable provisions of the International Mechanical Code (or Fuel Gas
Code) as a condition of receiving service or continuing to receive service.
Safety Rules 202.02 and 203., IDAPA 31.11.01.202.02 and 203.02 (emphasis added).
Briefly, the inconsistency concerns the requirement in Gas Service Rule 102 that
utilities "shall inspect" the installation of gas appliances before providing service. In 2004, the
Commission s Safety Rule 203 underwent a major revision involving two components. First, the
Commission adopted the "International Mechanical Code" and "International Fuel Gas Code
which superseded the Uniform Mechanical Code and National Fuel Gas Code, respectively. See
Idaho Code 9 54-5001 (2004 Idaho Sess. Laws, ch. 272, 9 5 (adopting the International Codes).
Second, and more specifically, the new International Codes no longer require a gas utility to
inspect the installation of gas appliances. As the Commission explained in its 2004 Notice that
adopted the International Mechanical Code and International Fuel Gas Code, the International
Codes establish a new regulatory framework that was also adopted by the Idaho Legislature.
Idaho Code 9 54-5016 requires that any installation of a gas appliance be accomplished pursuant
to the issuance of a permit.
inspection for each permit.
In addition Idaho Code 99 54-5001 and 54-5018 require an
The current regulatory practice is for local jurisdictions that have adopted the
International Codes to issue permits and conduct subsequent inspections. For other parts of the
State that do not have inspection agencies, then the Division of Building Safety issues permits
and performs the inspections. IDAP A 07.07.01.2 In addition, the installation of gas appliances is
generally required to be performed by a licensed HV AC installer and the license holder is
required to comply with the International Mechanical Code. Thus, gas utilities are no longer
required to inspect the installation of gas appliances - inspections are the responsibility of other
entities.Consistent with the applicable International Codes, Safety Rules 202.02.b. and
203.02.b. simply compel utilities to "require their customers to abide by applicable provisions of
Idaho Code 9 54-5002 does list certain exemptions but even if exempted, the installation "shall comply with" the
applicable International Codes.
DECISION MEMORANDUM
the International Mechanical (and Fuel Gas) Coders) as a condition ofreceiving or continuing to
receive service." IDAP A 31.11.01.202.02.b. and 31.11.01.203.02.
ST AFF RECOMMENDATION
Returning to Gas Service Rule 102, it is Staff s belief that this rule is incompatible
with the Commission s Safety Rules 202.02 and 203.02. Gas Rule 102 adopts superseded Codes
and compels utilities to perform actions that are no longer required under the International
Codes. Consequently, Staff recommends that the Commission on its own motion suspend Gas
Service Rule 102 as it pertains to the three gas utilities in Idaho (Intermountain Gas, A vista
Utilities, and Questar). Staff also proposes that it meet informally with representatives of the gas
utilities and other interested persons to review all the Gas Service Rules, IDAP A 31.31.01. The
informal rule review could be the basis for a negotiated rulemaking to update the Commission
Gas Service Rules next year.
COMMISSION DECISION
1. Based upon your review and the Staff s recommendation, does the Commission
wish to suspend its Gas Service Rule 102, IDAPA 31.31.01.102?
2. Should the Staff initiate an informal review of the Gas Service Rules with utilities
and other interested parties?
Don Howell
Deputy Attorney General
bls/M:Gas Service Rules dh
DECISION MEMORANDUM