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HomeMy WebLinkAbout20030725Notice of Proposed Rule.pdfIDAPA 31-IDAHO PUBLIC UTILITIES COMMISSION 31.11.01-SAFETY AND ACCIDENT REPORTING RULES FOR UTILITIES REGULATED BY THE IDAHO PUBLIC UTILITIES COMMISSION DOCKET NO. 31-1101-0301 NOTICE OF PROPOSED RULE AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the Public Utilities Commission s proposed rulemaking. This action is authorized pursuant to Sections 61- 515, Idaho Code. PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled only if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later than September 17, 2003. The hearing site will be accessible to persons with disabilities. Requests for accommodations must be made no later than five (5) days prior to the hearing, to the Commission address set out below. DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance and purpose ofthe proposed rule: The Commission s Safety and Accident Reporting Rules currently adopt by reference several national safety codes. Two of these safety codes have recently been updated. In Rule 202, the Commission proposes to adopt the 2002 Edition of the National Fuel Gas Code and its Errata No. 54-02-1 dated April 11 , 2003. Changes from the previously adopted 1999 Edition address the following topics: definitions; pipe connections; pipe elbows; pressure testing; prohibited materials in gas pipes; the burial depth of underground gas pipes; the location of gas equipment in residential garages; combustion and ventilation requirements; the location of central heating furnaces and boilers; exhaust ducts for gas dryers; non-recirculation and recirculation direct gas-fired industrial air heaters; and corrugated chimney liners. In Rule 203, the Commission proposes to adopt the 2003 Uniform Mechanical Code. The substantive changes from the previously adopted 2000 Edition of the Uniform Mechanical Code address the following topics: definitions; requirements for connecting gas equipment; duct clearance and construction; chimneys and vents; gas fuel piping; and the installation of gas warm-air heating systems, vented gas decorative appliances, gas floor furnaces, vented gas wall furnaces, gas unit heaters, and gas room heaters. FEE SUMMARY: There are no fees associated with this proposed rulemaking. NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.0811 , negotiated rulemaking was not conducted because these proposed rules adopt updated national safety codes dealing with the provision of natural gas services. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rules, contact Donald L. Howell, II Deputy Attorney General, at (208) 334-0312 or Michael Fuss, PUC Staff Engineer, at (208) 334-0366. Anyone may submit written comments regarding these proposed rules. All written comments concerning the proposed rules must be delivered to the Commission Secretary at the address identified below or must be postmarked on or before September 24, 2003. Persons desiring to comment are encouraged to submit written comments at their earliest convenience rather than wait until the comment deadline. DATED at Boise, Idaho this day of July 2003. Je . JewellCo ission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 Telephone: (208) 334-0338 Facsimile: (208) 334-3762 Street address for express delivery: 472 W Washington Boise, Idaho 83702-5983 IDAPA 31 TITLE CHAPTER 01 31.11.01-SAFETY AND ACCIDENT REPORTING RULES FOR UTILITIES REGULATED BY IDAHO PUBLIC UTILITIES COMMISSION 202.NATIONAL FUEL GAS CODE (NFGA) (Rule 202). 01. Adoption By Reference. The Commission adopts by reference the NFP 1... 51 ANSI 2223.National Fuel Gas Code, +999 2002 Edition and the errata99-l- No. 54-02-dated April 2000 1 L 2003 . The +999 2002 Edition of the National Fuel Gas Code is designated as ANSI 2223.+9992002 by the American National Standards Institute, Inc. (ANSI), and as NFPA 54- +9992002 by the National Fire Protection Association (NFP A). The National Fuel Gas Code is jointly published by the American Gas Association, Codes and Standards, 400 N. Capitol Street , Washington, D.C. 20001 , and the National Fire Protection Association, 1 Batterymarch Park, PO Box 9101 , Quincy, Massachusetts MA 02269-9101,.--aflEl. The Code is available from them both entities and may be ordered online at www.aga.org or www.nfpa.org. Telephone order may be placed by calling toll-free +-800-344-3555 or 866-816-9444 (3 30 01)( 02. Utilitv Compliance.All gas corporations subject to the jurisdiction of this Commission are required to abide by applicable provisions of the National 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 National Fuel Gas Code as a condition of receiving service or continuing to receive service.(4-98) 203.UNIFORM MECHANICAL CODE (UMC) (Rule 203). 01. Adoption By Reference. The Commission adopts by reference those portions of the Uniform Mechanical Code 200GJ. 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) 924.of the Uniform Mechanical Code may be connected for service if they comply with Sections 6.24 and 7.2 9.of the National Fuel Gas Code. The 2003 Edition of the Uniform Mechanical Code 2000 Edition is published by the International Association of Plumbing and Mechanical Officials 20001 South Vlalnut DriYe , ' Valnut California 91789 2825 5001 E. Philadelphia Street, Ontario, CA 91761-2816 and may be ordered by calling 800-284 4406854-2766 or online at www.publications.iapmo.org (3 30 01)( 02. Utility Compliance. Gas G.Qorporations subject to the jurisdiction of this Commission are required to abide by applicable provisions of the Uniform Mechanical Code and to connect for service and light only those installations that: (3 30 01)( 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 Mechanical Code; provided, however, that unvented room heaters not meeting the requirements of Section 807( c) 924.of the Uniform Mechanical Code may be connected for service if they comply with Sections 6.24 and 7.29.of the National Fuel Gas Code as a condition of receiving service or continuing to receive service. (4 1 98)( RULEMAKING CHECKLIST FORM Docket Number (Assigned by the Office of Administrative Rules): IDAPA, Title, and Chapter Number and Chapter Name: 31.11.01, Safety and Accident Reporting Rules Agency: Public Utilities Commission 31-1101-0301 Agency Contact and Phone Number:Don Howell, 334-0312 or Michael Fuss, 334-0366 Legal Authority for rulemaking - Idaho Code Section(s):61-515 This rulemaking is a: (Check at least one. It may be necessary to check more than one. Negotiated Rule Temporary Rule Proposed Rule Effective Date of Temporary Rule: Temporary Rule Justification (See Idaho Code Section 67-5226): Protection of the public health, safety, or welfare; or Compliance with deadlines in amendments to governing law or federal programs; or Conferring a benefit. Pending Rule Date Pending Rule Will Become Effective: Correction to Pending Rule Vacation of Rule making- Amendment to Temporary Rule Rescission of Temporary Rule Does any portion of this rulemaking impose or increase a fee or charge? If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase. Does this rule making necessitate changes in other rules? If yes, please specify. Does this rulemaking incorporate by reference other documents? Specify an exact description of document(s) incorporated by reference. YES. The National Fuel Gas Code and the Uniform Mechanical Code. HAVE YOU.. . 1. Had your legal counsel review your rulemaking? 2. Received Director, Board or Commission approval for the rulemaking? 3. Provided nine hard copies of the Notice of Rulemaking and the text of the rule changes to the Legislative Services Office? HAVE YOU INCLUDED. . . 1. An approved Proposed Administrative Rules Form? 2. A 3 1/2 inch diskette containing the Notice of Rulemaking and the complete text of the rule changes in Word Perfect or Microsoft Word? 3. An 8 1/2 by 11 hard copy of the Notice of Rulemaking and the complete text of the rule changes?