20030811_580.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:AUGUST 1, 2003
RE:UPDATING THE COMMISSION'S SAFETY RULE REGARDING THE
FUEL GAS CODE AND THE MECHANICAL CODE, CASE NO. RUL-03-
(IDAPA DOCKET NO. 31-1101-0301)
In a previous decision memorandum dated July 17 , 2003 , the Staff recommended that
the Commission update two of its safety codes. In particular, the Staff recommended that the
Commission update by adoption the recent editions of the National Fuel Gas Code (Rule 202)
and the Uniform Mechanical Code (Rule 203). At its July 23 decision meeting, the Commission
approved the Staff s recommendations.
As Staff was preparing the rulemaking notices and drafting the proposed rules, the
Association of Idaho Cities and several of its members suggested that the Commission not adopt
updated versions of the National Fuel Gas Code and the Uniform Mechanical Code.
1. Fuel Gas Code. The Association and its members advised Staff that most of the
communities that inspect gas-fired appliances have recently switched inspection codes and have
adopted the 2003 edition of the International Fuel Gas Code instead of the National Fuel Gas
Code. The International Fuel Gas Code is intended to be consistent with the latest edition of the
National Fuel Gas Code (2002) published by the American Gas Association and the National
Fire Protection Association.
In 2002, the Idaho Legislature amended provisions of the Idaho Building Code Act to
require adoption of the International Building Code published by the International Code Council
(ICC). Idaho Code 9939-4109 and 39-4116 now provides that the Division of Building Safety
and local governments shall adopt the International Building Code and may adopt other related
International Codes published by the ICe. Since enactment of the aforementioned Building
DECISION MEMORANDUM
Code sections, most if not all communities that have adopted a fuel gas safety code have adopted
the International Fuel Gas Code. Given the switch to the International Fuel Gas Code, Staff
believes that it makes sense to adopt this code for inspections performed by public utilities prior
to igniting gas-fired appliances that have not been inspected. Adoption of the International Fuel
Gas Code in Commission Safety Rule 202 also appears reasonable since it is consistent with the
National Fuel Gas Code 2002 edition.
2. Mechanical Code In its July 17 decision memorandum, the Staff also
recommended that the Commission adopt the updated version of the Uniform Mechanical Code.
Commission Safety Rule 203 (IDAP A 31.11.01.203) adopts those portions of the Uniform
Mechanical Code that explicitly refer to gas or gas-burning appliances. The Association of
Idaho Cities and several of its members recommended that the Commission adopt the
International Mechanical Code instead of the Uniform Mechanical Code.
The Association explained that there are actually two Uniform Mechanical Codes:
one published by the International Association of Plumbing and Mechanical Officials; and the
other published by the International Conference of Building Officials (ICBO). Idaho Code 9 39-
4109 provides that the Idaho Division of Building Safety and local governments shall adopt the
latest edition of the Uniform Mechanical Code, published by the (ICBOJ.Idaho Code 9 39-
4109(4).
The ICBO joined with two other code agencIes to form the International Code
Council. The ICC publishes the International Building Code, the International Mechanical Code
and the International Fuel Gas Code. Most cities that have adopted a Mechanical Code have
recently adopted the International Mechanical Code. Consequently, the Staff believes it is
appropriate for the Commission to adopt by reference those portions of the 2003 International
Mechanical Code and its errata that specifically refer to gas or gas-burning appliances.
ST AFF RECOMMENDATION
Staff has revised its recommendation regarding the Commission s Safety Rules 202
and 203. Staff urges the Commission to adopt the 2003 International Fuel Gas Code and the
International Mechanical Code provisions pertinent to gas or gas-fired appliances.
COMMISSION DECISION
Does the Commission wish to amend its Safety Rules 202 and 203 by adopting the
2003 editions of the International Fuel Gas Code and the International Mechanical Code? Does
DECISION MEMORANDUM
the Commission approve the attached amendments to its Rules 202 and 203 , IDAP
31.11.01.202 and .203? Does the Commission wish to issue a Notice of Proposed Rules
regarding these changes to be published in the Administrative Bulletin on October 1 , 2003?
Don Howell
cc: Ron Law
Mike Fuss
Vld/N:31-110l-0301 DecMemo dh2
DECISION MEMORANDUM
IDAPA31
TITLE 11
CHAPTER 01
31.11.01-SAFETY AND ACCIDENT REPORTING RULES FOR UTILITIES
REGULATED BY IDAHO PUBLIC UTILITIES COMMISSION
202. INTERNATIONAL FUEL GAS CODE CNIFGA) (Rule 202).
01. Adoption By Reference. The Commission adopts by reference the NFPA 54 .i\NSI
Z223.1 NInternational Fuel Gas Code, -l-999 2003 Edition and the errata 99-l- dated April H-,
;woo 23,2003 The 1999 Edition of the National Fuel Gas Code is designated as /\NSI Z223.
1999 by the American National Standards Institute, Inc. (ANSI), and as NFP".. 54 1999 by the
National Fire Protection Association (NFPA).The NInternational Fuel Gas Code is jointly
published by the /\merican Gas Association, Codes and Standards, 400 N. Capitol Street, NV/
\Vashington, D.C. 20001 and the National Fire Protection i\.ssociation, 1 Batterymarch Park, PO
Box 9101 , Quincy, Massachusetts 02269 9101 , and International Code Council. 5203 Leesburg
Pike, Suite 600, Falls Church, VA 22041. The Code is available from them the Code Council
and may be ordered online at www.iccsafe.org. Telephone orders may be placed by calling toll-
free -1-800-344 3555 284-4406 (3 30 01)(
02. Utility Compliance.All gas corporations subject to the jurisdiction of this
Commission are required to abide by applicable provisions of the NInternational Fuel Gas Code
and to connect for service and light only those installations that:
a. Have been inspected and approved by authorized agencies; or (4-98)
b. When inspecting agencies do not exist, to require their customers to abide by
applicable provisions of the NInternational Fuel Gas Code as a condition of receiving service or
continuing to receive service.(4 1 98)(
203. UNIFORM INTERNATIONAL MECHANICAL CODE cYIMC) (Rule 203).
01. Adoption By Reference. The Commission adopts by reference those portions of the
2003 Uniform International Mechanical Code 2000 Edition and the undated first errata explicitly
referring to gas or gas-burning appliances; provided, however, that unvented room heaters not
meeting the requirements of Section 807(c) of the Uniform Mechanical Code may be connected
for service if they comply with Sections 6.24 and 7.2 of the National Fuel Gas Code.The
Uniform International Mechanical Code 2000 Edition is published by the International
...
ssociation of Plumbing and Mechanical Officials Code Council 20001 South \Xfalnut Drive
Walnut, California 91789 2825 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041 and
may be ordered by calling toll-free 800-284-4406 or online at www.iccsafe.org
(3 30 01)(
02.Utility Compliance.Gas Gforporations subject to the jurisdiction of this
Commission are required to abide by applicable provisions of the Uniform International
Mechanical Code and to connect for service and light only those installations that:
a. Have been inspected and approved by authorized agencies; or (4-98)
b. When inspecting agencies do not exist, to require their customers to abide by
applicable provisions of the Uniform International Mechanical Code; provided, ho'vVever, that
unvented room heaters not meeting the requirements of Section 807(c) of the Uniform
Mechanical Code may be connected for service if they comply with Sections 6.24 and 7.2 of the
National Fuel Gas Code as a condition of receiving service or continuing to receive service.
(4 1 98)(