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HomeMy WebLinkAbout20031027Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF FROM:DON HOWELL DATE:OCTOBER 24, 2003 RE:UPDATING THE COMMISSION'S SAFETY AND ACCIDENT REPORTING RULES, IDAPA DOCKET NO. 31-1101-0301 (CASE NO. RUL-03- On October 1, 2003, the Commission caused to be published in the Administrative Bulletin a Notice that it intended to amend its Safety and Accident Rules 202 and 203, IDAP A 31.11.01.202 and .203. In its Notice of Rulemaking, the Commission proposed to adopt the 2003 Edition of the International Fuel Gas Code (IFGC) in Rule 202. The Commission also proposed to adopt by incorporation the 2003 Edition of the International Mechanical Code (!MC) that explicitly refers to gas or gas-burning appliances. The 2003 Editions of the IFGC and !MC would replace the 1999 Edition of the National Fuel Gas Code and the 2000 Edition of the Uniform Mechanical Code, respectively. Both the IFGC and the!MC are published by the International Code Council. Idaho Code 99 39- 4109 and 39-4116 permit local governments to adopt various international codes published by the International Code Council. Most, if not all, communities that have adopted a fuel gas code have adopted the IFGC. Likewise, nearly all communities that have adopted a mechanical code have adopted the !MC. The Commission s Notice invited interested persons to submit written comments no later than October 22, 2003. Intermountain Gas Company submitted the only public comment and it supported the proposed changes. The Legislative Services Office did indicate that the Senate and House Subcommittees for Review of Administrative Rules did examine the'proposed changes. Legislative Services stated that no "meeting will be held, and we are pleased to report that no objections will be filed (to the proposed rulemakingJ." The proposed amendments to the Safety and Accident Reporting Rules 202 and 203 are attached for your consideration. DECISION MEMORANDUM COMMISSION DECISION Does the Commission wish to adopt the proposed rule as a pending rule? Does the Commission wish to issue a Notice of Pending Rule to be published in the Administrative Bulletin on January 7, 2004? Don Howell VldlN:31-1101-0301 DecMemo dh3 DECISION MEMORANDUM PUBLIC UTILITIES COMMISSION Safety and Accident Reporting Rules Docket No. 31-1101-0301 Proposed Rulemaking THE FOLLOWING IS THE TEXT OF DOCKET NO. 31-1101-0301 202.INTERNATIONAL FUEL GAS CODE (MFGA) (Rule 202). 01. Adoption By Reference. The Commission adopts by reference the NPR1 54,11'181 Z223. I Nfltio/lal International Fuel Gas Code -f999 2003 Edition and the errata 1J9-J dated April-l-l3 , 20001. The. 1999 ErlitiBII oft,lzc N atirJllal Flttil Cas C3de is desig/lated as A... VBl Zl2 1 1999 by the ,1/l1t:.1 ica/l !\1.atie/lal &fl/lliards I/lstitute., Illc. 61:,'181), alld as NFR1 54 1999 h) tIll; ..Vatiollal File PI'8teetiO/I AssociatiBII (NFR1).The ... VaNonal International Fuel Gas Code isjeinHy published by the AmeTiean Cas AssaeiatiBII, Cedes alld &(mti(ilds 1()() X Capital Stleet VU~ Jf~s,lillgtBlI, D. C. 29()()1, alld the Natiollal Fire PIO/eetioll AssociatiBn BaUerymlIl c!1 Pal," I'D BttX 91 ()1, Quincy, 14assach/;isetts ()ll69 91 ()1 alld International Code Council. 5203 Leesburl!: Pike. Suite 600. Falls Church. VA 22041. The Code is available from tltem the Code Council and may be ordered online at www.iccsafe.oq~. Telephone orders may be placed by calling toll-free -1-800 344 3555284-4406 L--.) .!!b. Utility Compliance.All gas corporations subject to the jurisdiction of this Commission are required to abide by applicable provisions of the National International Fuel Gas Code and to connect for service and light only those installations that: (3 3() ()1)L--.)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 InterNnational Fuel Gas Code as a condition of receiving service or continuing to receive service. f4--l-98jL--.) 203.l:!N::Foo...y INTERNATIONAL MECHANICAL CODE (lfIMC) (Rule 203). 01. Adoption By Reference. The Commission adopts by reference those portions of the flttijfffln 2003 International Mechanical Code 2()()() EditiBn cmd the undated filst Cl/ ata explicitly referring to gas or gas-burning appliances pnnitied, ho;vcver, that /;Invented I'OB/'II ."telitcl's IIBt meeting t,'te. Icquiranents of Section S()lf') of the UlIifBlm ...'Je,hallical Code ilia) be cBlmccted far se.n'icc if 1:19 CJ03mply ,~it,lz &etiBlIs 24 alld of thc NfltiBllal ... F:'.1;Iel CEtS Code.The International Mechanical Code l()()() EtiitiBII is published by the International Assi'Jeiatilm of ,-ml'llbi/lg all(1 ...'4ccllllllical Offidals Code Council, 2()()91 South Walnut DI i', Wfllllut, Califaillia 9178928255203 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.L--.) .Il2.. Utility Comnliance. Gas bQorporations subject to the jurisdiction of this Commission are required to abide by applicable provisions of the flttijfffln International Mechanical Code and to connect for service and light only those installations that: (3 3() ()1)L--.) 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 f:!ttijtmn International Mechanical Code; fJI6.ided, hB,~e.e.I, that ull,m/cd rBBm he.afels /lot muti/lg the lequilelllcllts Bf Sc.ctiBII 8()7(c) of the UilifOlm ...'Jcchallieal Calk may be cBlIIlectcdf(Jr se.r,Jicc if they cBmply .,ith SeCtiBltS 24 alld of thc Natiallal I'ftel Cas CtJr1c as a condition of receiving service or continuing to receive service. f4--l-98jL--.) IDAHO ADMINISTRATIVE BULLETIN Page 481 October 1, 2003 - Vol. 03-