HomeMy WebLinkAboutOrdinance 1432 ORDINANCE NO . 1432 SCAN
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AN ORDINANCE TO BE KNOWN AS THE GENERAL GAS PIPING ORDINANCE OF THE
CITY OF FAYETTEVILLE , ARKANSAS : PROVIDING FOR THE PROMULGATION OF
RULES AND REGULATIONS GOVERNING THE CONSTRUCTION , INSTALLATION AND
INSPECTION OF GAS APPLIANCES AND GAS PIPING; PRESCRIBING PENALTIES FOR
THE VIOLATIONS OF SUCH RULES AND REGULATIONS ; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH , AND FOR OTHER PURPOSES
WHEREAS , the City Council of the City of Fayetteville , Arkansas , finds that the
Gas Piping Ordinances are out of date , and it is in the best interest of the City of
Fayetteville to revise its Gas Piping Ordinance ; and
WHEREAS , the City Council of the City of Fayetteville , Arkansas , has under con-
sideration the adoption of an ordinance relating to the installation and inspection of Gas
appliances and gas piping as set forth in the September , 1964 , edition of the pamphlet
entitled , "NBFU PAMPHLET No . 54 , Standard for the Installation of Gas Appliances and
Gas Piping , " as issued by the National Board of Fire Underwriters ; and
WHEREAS , three ( 3 ) copies of said pamphlet are kept on file in the Office of the
City Clerk of the City of Fayetteville , Arkansas , and the City Council of the City of
Fayetteville , Arkansas , has caused a notice to be published in a newspaper of general
circulation in. . the City of Fayetteville , Arkansas , stating that it had under consideration
the adoption of said pamphlet and advising the public that the requisite copies of same
were on file in the Office of the City Clerk and open to public examination ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE , ARKANSAS :
SECTION 1 . Adoption by Reference
There is hereby adopted by the City Council of the City of Fayetteville , Arkansas ,
by reference thereto the provisions set forth in the September , 1964 , edition of the
National Board of Fire Underwriters Pamphlet "NBFU No . 54 , Standard for the Instal -
lation of Gas Appliances and Gas Piping ; " save and except such portions of said pamphlet
as are hereinafter deleted , modified, or amended , and the provisions contained in said
pamphlet are hereby adopted and incorporated as fully as if set out in length herein , and
the provisions thereof shall be controlling within the corporate limits of the City of
Fayetteville , Arkansas . All gas piping installations , installations of appliances or
fixtures placed , or in any manner connected in any building or structure shall comply
with the conditions of this ordinance .
SECTION 2 . Adoption of Rules and Regulations
The City Gas Inspector is hereby authorized to make such written Rules and
Regulations concerning the installation and inspection of gas appliances and gas piping
as may be necessary to implement , clarify and carry out the purposes of this ordinance ,
said Rules and Regulations to become effective upon approval by the Mayor and City Council .
MICROFILMED
DATE—Orr , 9
REEL—3_"`
Ordinance No . 1432 - 2 - February 15 , 1965
SECTION 3 . Definitions
The definitions in this ordinance shall correspond to those set out in the above
adopted Gas Piping pamphlet and include in addition the following :
( 1 ) Gas Piping : The term "gas piping " as used in this ordinance , means
the installation of gas appliances and gas piping of any kind used , or to be
used, in or on any building for light , heat or power ; provided, however ,
that the words , "gas piping , gas appliance , and gas apparatus " shall not
be deemed to include or refer to service lines , apparatus and equipment
for the sale , distribution , and regulation of gas and remaining the
property of the Gas Service Company .
( 2 ) Gas Fitter : A gas fitter is a person who is licensed to do gas piping work.
( 3 ) Master Gas Fitter : A master gas fitter is a person who is licensed in
the City to engage in the gas fitters business as a contractor and is also
qualified to do gas piping installation work on the job .
( 4) Journeyman Gas Fitter : A journeyman gas fitter is a person who is
licensed in the City to do the actual physical work of installing gas piping ,
when employed by a master gas fitter .
( 5 ) City : The word "city" shall mean the City of Fayetteville , Washington
County , Arkansas .
( 6 ) Person : The word "person " as used in the Gas Piping Ordinance means
and includes any person , firm , co- partnership or corporation , depending
upon the context or the sense in which the word is used .
( 7 ) Inspector : The word "inspector " shall mean the City Gas Inspector , whose
duties are defined and set forth in the within Gas Piping Ordinance and such
word shall include in its meaning all assistants authorized to assist or carry
on the work of gas piping inspection under the provision of the Gas
Piping Ordinance .
SECTION 4 . Gas Inspector
( 1 ) Provision for Inspector : There is hereby created the position of Gas
Inspector for the City of Fayetteville , Arkansas , and as many assistants as
are needed to discharge the duties of this office . Said Gas Inspector and
assistants shall be versed in the theoretical and practical knowledge of
gas piping .
( 2 ) Limitation of Inspector : The Inspector shall not be directly or indirectly
connected in any business engaged in gas piping work or sale of fixtures ,
appliances and material .
-Ordinance No . 1432 - 3 - February 15 , 1965
( 3 ) Salary of Inspector : The Inspectors shall receive , as full compensation
for their services , such salaries as the City Council may direct .
( 4) Inspector Bond: The Inspector shall file bond in the sum of $ 1 , 000 . 00 to
indemnify the City from the loss of any money or other personal property
through fraud , dishonesty , forgery , or embezzlement , while occupying and
performing his duties hereunder . The premium for such bond shall be
paid by the City .
SECTION 5 . Duties and Powers of Gas Inspector
( 1 ) Enforcement of Gas Ordinance : It shall be the duty of the Inspector to enforce
the provisions of the Gas Piping Ordinance , to make investigations ,
inspect and / or test all gas piping , issue gas permits and to prepare
suitable forms .
( 3 ) Order Gas Service Disconnected : When , in the opinion of the Inspector , any
gas piping is unsafe to life or property , he shall notify the person using or
operating to discontinue the use of the same and to place the gas piping in
a safe condition immediately .
If the owner , user or operator of such defective gas piping shall refuse to
or fail to comply with the Inspector ' s notice to correct the faulty gas piping ,
it shall be the duty of the Inspector to notify in writing , the gas company
furnishing gas to such defective gas piping , to cease to supply gas to same .
The Inspector can waive this action if the person commences work to
correct the defect and takes precautionary steps satisfactory to the
Inspector which will , in his judgment , assure safety of life and property
until the work is completed .
SECTION 6 . Gas Fitters Examining Board
( 1 ) Appointment of Examining Board: An examining board is hereby created
to act on all applications for gas fitters license , examination for licenses
and other related duties as may be required by the gas piping ordinance .
This board shall be the same examining board as set out in the plumbing
ordinance of the City of Fayetteville , Arkansas . Members of the board
shall be appointed for a period of two years by the Mayor of the City of
Fayetteville .
The present board shall continue until their terms of office expire and their
successors are appointed and qualified . The Gas Inspector shall serve as
its chairman , and he shall keep a record of all applicants and of the general
proceedings of the board, and the board shall issue certificates for license
to those who successfully pass the examination .
Ordinance No . 1432 - 4 - February 15 , 1965
( 2) Members of Examining Board : The gas fitter examining board shall be
composed of four ( 4) active . members and two ( 2 ) alternate members as
follows :
( a ) Active Gas Fitter Examining Board Members :
1 . A City - licensed master plumber
Z . A City - licensed journeyman plumber
3 . A City - licensed gas fitter
4 . A representative of the administrative authority of the City .
( b ) Alternate Gas Fitters Examining Board Members :
1 . A City - licensed master plumber
2 . A City - licensed journeyman plumber
( 3 ) Meetings of Examining Board : The ga. fitter examining board shall meet
at least once each sixty ( 60 ) days or as soon as possible thereafter upon
the call of the chairman of the examining board .
(4) Examining Board Supplies : The City shall secure necessary material ,
equipment and supplies as required by the board from the receipt collected
with applications for examinations , and the Gas Inspector shall be in charge
of said equipment and supplies .
SECTION 7 . Temporary City Gas Fitters Work Permit
( 1 ) Temporary Gas Fitters Work Permits Prohibited : No temporary gas
piping work permits shall be issued by the Gas Inspector to any person .
SECTION 8 . License Required
( 1 ) Gas Fitters License Required for Installing Gas Piping : Any person desiring
to install or replace any gas piping as defined in this ordinance , within the
City must first procure a gas fitter license or renewal thereof except as
regulated or modified by provisions set forth in this ordinance .
( 2 ) Gas Fitters License Required to Connect Appliances : Any person desiring
to connect any appliance within the City must first procure a gas fitters
license or renewal thereof, except as regulated or modified by provisions
set forth in this ordinance .
SECTION 9 . Renewal of City Gas Fitters License
An applicant desiring to renew a City gas fitters license may do so under one of
the following conditions :
Ordinance No . 1432 - 5 - February 15 , 1965
( 1 ) Yearly Renewal of Gas Fitters License :
( a ) The applicant must have held for the past year a similar City
gas fitters license .
( b ) Applications for renewal of a city gas fitters license where the
applicant has failed to renew the City license regularly each year
shall be referred to the gas fitters examining board for con -
sideration and review .
( 2 ) Inactive Deferred License : A licensed master gas fitter or licensed
journeyman gas fitter may make application to the City of Fayetteville ,
Arkansas , for deferment of his City gas fitters license , which may be
granted for a period noc to exceed three ( 3 ) years , except that additional
deferment to members of the Armed Services in times of emergency and
in cases of serious illness may be granted by the examining board .
( 3 ) Changing a Deferred License into an active City License : The applicant
may convert a deferred City gas fitters license to a similar active license
during or at the end of the allotted three - year deferment period .
( 4) Inactive Master Gas Fitters License : A City licensed master gas fitter
not actively engaged in the gas fitters business as a master gas fitter in
the City of Fayetteville , Arkansas , may keep up his City master gas
fitters license by paying the regular master gas fitters renewal plus any
delinquent fees .
( 5 ) Length of License : No City gas fitters license shall be issued for longer
than one year and all licenses shall expire on December thirty - first ( 31st )
of each year , and such license may be renewed upon application made
within thirty ( 30 ) days following the date of expiration .
SECTION 10 . Transfer of License
It shall be unlawful for any person holding a City gas fitters license to trans -
fer same or allow the use of same , directly or indirectly by any other person for the
purpose of obtaining a permit to do any of the gas piping work herein specified .
SECTION 11 . Examination for City Gas Fitters License
Persons making application for a City Gas Fitters License for the first time
must take and pass a gas fitters examination to be administered by the City gas fitters
examining board . The applicant must arrange with the chairman of the board for an
examination for the license desired .
In order to satisfy this requirement for eligibility , the applicant must
achieve at least the ninimum score or grade on said examination required by the
examining board .
Ordinance No . 1432 - 6 - February 15 , 1965
Should an applicant fail two examinations in succession , he will be required
to wait six months from the date of the last examination and pay an addition examination
fee before he can be re - examined .
SECTION 12 . License and Examination Fees - Delinquent License Fee
The following license and examination fees shall be paid in advance to the
City of Fayetteville :
( 1 ) Schedule of License and Examination Fees :
Master Gas Fitters License - - - - - - - - - - - - - - - - - - - - - - $ 15 . 00
Renewal of Master Gas Fitters License - - - - - - - - - - - - 15 . 00
Examination Fee for Master Gas Fitters License - - - - 10 . 00
Journeyman Gas Fitters License - - - - - - - - - - - - - - - - - - $ 5 . 00
Renewal of Journeyman Gas Fitters License - - - - - - - - 5 . 00
Examination Fee for Journeyman Gas Fitter License - 3 . 00
( 2 ) Re - Examination Fees : An applicant who fails upon examination shall be
entitled to one re - examination without an additional examination fee . For
each two subsequent examinations , the fee shall be as set out in the
above examination fees .
( 3 ) Delinquent Fee : If application for renewal of City gas fitters license is
made after February 1st , a delinquent fee of one dollar ( $ 1 . 00 ) per
month shall be added to the above annual renewal license fees . Such
delinquent fee shall not exceed four dollars ( $4 . 00 ) for an applicant
in any one year .
( 4) Deferment Fee : A fee of $ 3 . 00 shall be charged to cover special
deferment services connected with deferment of license .
SECTION 13 . Gas Permits
( 1 ) .Permit Required : A gas permit shall be applied for and obtained from the
City Gas Inspector ' s Office before beginning any gas piping work in the
corporate limits of the City of Fayetteville , Arkansas .
( 2 ) Persons Qualified to Obtain Gas Permits : The City Gas Inspector is
authorized to issue gas permits to the following :
(a ) City licensed master gas fitter .
Ordinance No . 1432 - 7 - February 15 , 1965
( b ) Property Owners : A permit may be issued to a property owner to
install gas piping in a single family residence , provided the
property owner does the work himself, and the building is owned
and occupied by such owner as his home , and provided the issuance
of said permit is not used as a device to circumvent the require -
ment of a City gas fitters license imposed by this ordinance upon
persons , firms or corporations who are in the business of building
such residences for resale . Such gas piping work must be com -
pleted within strict compliance with the requirements of this
ordinance .
( 3 ) Qualified and Experienced Contractors Engaged in the Construction
of Certain 'Type of Specialized Jobs or Installation 's :
Certain installations shall be interpreted to fall under the definition of gas piping
as set out above in this ordinance , however , because of the size of the job , and the
technical or specialized nature of the gas piping work , the Inspector is authorized to
issue special gas permits to contractors he determines to be qualified and experienced
to make such installations .
SECTION 14 . Gas Permit Fees
( 1 ) Definition of a Gas Outlet : For the purpose of establishing gas permit
fees for remodeling work and new work , "gas outlet " shall mean every
threaded connection in the gas piping system to which a gas burning
appliance or device is or may be attached .
( 2 ) Gas Permit Fees : Fees for gas permits shali be paid to the City of
Fayetteville , Arkansas, as follows :
( a ) 5 gas outlets , or less - - - - - - - - - - - - $5 . 00
( b ) 6 to and including 12 gas outlets - - - 7 . 00
( c ) 13 or more gas outlets -- - - - - - - - - - - 8 . 00
( 3 ) Testing Ahead of Gas Meter Fee : When the gas meter loop is located on
private property or in such a way that an inspection and pressure test
must be made on the gas piping between the gas meter and the gas
company gas main , an additional gas permit fee of $4 . 00 shall be added
to the above gas permit fees . The licensed gas fitter shall provide an
opening so that this portion of the gas piping can be tested against the
gas regulator .
( 4) Large Building Fees : An additional fee of $3 . 00 per inspection trip
shall be charged when the size of the building requires more than one
pressure test of the gas piping from the gas meter loop into the building
or buildings served .
Ordinance No . 1432 - 8 - February 15 , 1965
( 5 ) Additional Fee for Inspections : When any extra trip by the City Gas
Inspector or his assistants is necessitated by failure of the gas fitter or
property owner who is installing the gas piping work to be ready for a
gas inspection or of the gas fitter or property owner to comply with this
ordinance, an additional fee of $ 3 . 00 shall be charged for each and every
trip so made .
( 6 ) Double Gas Permit Fee : Should any person willfully or through negligence
begin or complete any gas piping work for which a gas permit is required
by this ordinance , without having notified the Inspector ' s Office or applied
for the necessary permit either prior to or during the day that work is
commenced , or on the next working day of the Gas Inspector , where such
work is commenced on a Saturday or a Sunday or a holiday , he shall ,
when subsequently securing such permit , be required to pay double the
fees hereinafter provided for such permit ; and shall be subject to all
penal provisions of this ordinance .
SECTION 15 . Time Limitation on Gas Permits
Every gas permit issued hereunder shall expire by limitation and become null
and void if the gas piping work authorized by the permit is not commenced within six
( 6 ) months from the date of such permit , and the work diligently executed , or if the gas
piping work authorized by such permit is abandoned at any time after the work is
commenced . Before such work can be recommenced , a new gas permit shall first be
secured for the unfinished portion of the work .
SECTION 16 . Refusal of Permit and Suspension of City Gas Fitters License
Any person engaged in the business of installing gas piping work who shall
fail to correct promptly any defect in any work done by him contrary to this ordinance ,
after having been notified thereof by the Gas Inspector , shall not be issued any further
permits until such defect has been corrected; and in any case in which any person shall
continue to or persistently violate the ordinances of the City in regard to gas piping work ,
or the orders of the Gas Inspector in relation to the same , the license of such person
shall be suspended or revoked .
SECTION 17 . Gas Fitters Bond
Every master gas fitter actively engaged in the gas fitter business as a master
gas fitter in the City of Fayetteville , Arkansas , shall be required to carry corporate
surety license permit bond as set out below :
( 1 ) Such active master gas fitter shall execute and file in the Office of the
City Clerk a corporate surety license permit bond in the sum of One
Thousand Dollars ( $ 1 , 000 ) conditioned to indemnify and hold harmless ,
the City of Fayetteville , Arkansas , and all persons , firms or corporations ,
against all loss by failure of said master gas fitter , his agents , servants ,
or employees to comply with the provisions of this Gas Ordinance .
Ordinance No . 1432 - 9 - February 15 , 1965
SECTION 18 . Gas Fitters Liability Insurance
Every master gas fitter actively engaged in the gas fitters business in the
City shall be required to carry liability insurance as set out below :
( 1 ) Bodily injury - - - - - - - - - - - - - - - - $25 , 000 each person
50 , 000 each accident
( 2 ) Property damage - - - - - - - - - - - - $ 10 , 000 each accident
25 , 000 aggregate
Such active master gas fitter shall file with the City Clerk a certificate or
certificates of insurance coverage , the number of said policy or policies , stating the
name of the insurance company issuing the insurance policy or policies , stating that
said master gas fitter , his agents , servants , employees , have obtained a contractors
liability insurance policy in the minimum coverage as specified .
( 3 ) Dual Purpose Liability Insurance : Should such master gas fitter also hold
a City master plumbers license , one liability insurance policy in the
amounts set out above will be sufficient for both the gas fitter and plumber
liability insurance coverage .
SECTION 19 . Responsibilities of the Licensed Master Gas Fitter
( 1 ) Advance Notice for Gas Inspection : It shall be the duty of the master
gas fitter or his authorized representative to give advance notice to the
Gas Inspector when the gas piping work is ready for an inspection .
( 2 ) Make Sure Work is Ready for Inspection : It shall be the duty of the
master gas fitter to make sure that the gas piping work will stand the
inspection before he requests the Gas Inspector to make an inspection
of the gas piping work .
( 3 ) Access to Work : It shall also be the duty of the master gas fitter to
provide ready access to the premises where the requested inspection
is to be made .
SECTION 20 . Inspection and Tests
( 1 ) Number of Gas Inspections : There shall be a minimum of two inspections
by the gas inspector or assistants when gas piping is installed in any
building . The first such inspection to be known as the gas test and the
second such inspection to be known as the final inspection .
Ordinance No . 1432 - 10 - February 15 , 1965
( a) Gas Test : The gas test inspection is To be made when the gas
piping is installed and all openings are capped ready for a pressure
test but before the gas piping is concealed from view .
( b ) Final Gas Inspection: The "final " gas inspection is to be made
when all gas fixtures are connected and the gas piping job is
completed .
( 2 ) Inspection and.'.Test of Existing Gas Piping Installations : The Gas
Inspector shall have the legal right to inspect and test existing gas
piping installation when he has reason to believe that such system is not
safe for the use it is intended . When such inspections or test indicate a
faulty and unsafe system the owner shall recondition or replace such
system in order to render it safe .
SECTION 21 . Liability for Damages
The issuance of permits or certificates of approval as required by this section
shall not be construed as relieving any person from liability for damages to persons or
property in connection with the operation , control or installation of any gas piping work ,
and the City of Fayetteville , Arkansas , shall not be held as assuming any liability by
reason of the issuance of permits or certificates of approval . The intention of the pro -
visions of this ordinance as to afford the public safety to life and property insofar as
such safety can be provided by law .
This ordinance shall not be construed to relieve from or lessen the responsibilities
of any person , firm or corporation , owning , operating or installing gas piping work ,
appliances , apparatus , construction or equipment , for the damage to property or persons
injured by any defect therein , nor shall the City of Fayetteville , Arkansas , or any agent
thereof be deemed to assume any such liability by reason of the inspection authorized
herein or by any type of certificate of inspection as may be issued by the City Gas
Inspector .
SECTION 22 . Plans or Drawing Required
The Inspector may , if he deems it necessary , require or demand from the master
gas fitter a set of plans or sketch of any job showing the size of piping , etc . , in order
that the Inspector may check that the job complies with the provisions of this ordinance .
SECTION 23 . Uncovering Gas Piping Work
If any gas piping work or part thereof which is installed or altered, or repaired ,
is covered before being inspected by the Gas Inspector , it shall be uncovered for inspection
after notice to uncover the work has been issued to the responsible person by the Gas
Inspector .
Ordinance No . 1432 - 11 - February 15 , 1965
SECTION 24 . Exemptions
Exemptions from the provisions of this Ordinance :
( 1 ) County , State and Federal Government : Installations on property owned ,
used and operated by the County , State or United States Government .
This does not include the erection and / or remodeling of privately - owned
buildings prior to leasing to a governmental agency .
( 2 ) City Property : Gas permit fees shall be waivered for City of Fayetteville
owned installations , however , these installations must have inspections
and meet other provisions of this ordinance .
( 3 ) Railroad: Installations of equipment of a railway utility in the exercise
of its functions as a utility , and located outdoors or in buildings used
exclusively for that purpose and to which the general public has no access .
( 4) Special Equipment : The assembly and erection of gas equipment by the
manufacturer of such equipment . This does not include any gas piping work
other than that involved in making connections within the equipment itself.
A master gas fitter must be responsible for the connection of such equip-
ment to gas supply pipes .
( 5 ) Gas Company : Nothing hereinshall be construedas applying to the Gas
Company , its agents , servants and employees conducting its business under
the franchise granted by the City in the installation , repair , maintenance ,
removal or replacement of gas piping machinery or equipment owned or
operated by the gas company in the City .
( 6 ) Gas Company Connecting Service : Nothing herein shall be so construed
as to require a certificate of acceptance from the City Gas Inspector before
a gas meter can be set unless some change has been made in said gas
piping since service was disconnected .
SECTION 25 . Additions to Code Requirements :
In addition to the provisions contained in the September , 1964 , edition of the
National Board of Fire Underwriters Pamphlet , NBFU No . 54 , entitled "Standard for
the Installation of Gas Appliances and Gas Piping , " the following requirements shall
be met :
( 1 ) Pipe Material : All consumers gas piping shall be black pipe and black
malleable fittings ( except stop- cocks or valves ) from the gas meter
into the building .
Ordinance No . 1432 - 12 - February 15 , 1965
( 2 ) Minimum Pipe Size : All consumers gas piping from the gas meter to the
first active gas opening in the building shall be not less than 1 - 1 / 4 inch
in size , provided , however , that this requirement may be waived when
acceptable to the gas supplier and the City Gas Inspector .
( 3 ) Trailers : Before any gas piping in or to a trailer shall be approved , the
trailer must rest on a firm continuous foundation , or on piers supporting
each corner of the trailer to the extent that none of the weight of the
trailer shall be carried by the wheels , axles or springs of the trailer .
SECTION 26 . Penalties
Any person , firm or corporation who engages in or follows the business or
occupation of, or advertises or holds himself or itself or acts temporarily or otherwise
as a master gas fitter , without first having secured the required license or permit ,
or who otherwise violates any provisions of this ordinance or the rules and regulations
adopted pursuant hereto , shall be punished by a fine of not more than Twenty- Five Dollars
( $25 . 00 ) , and shall be punished by a fine of Fifteen Dollars ( $ 15 . 00 ) for each day such
violation continues .
SECTION 27 . Ordinances Repealed
The following ordinances are hereby repealed:
715 Passed and Approved January 13 , 1929
850 Passed and Approved January 6 , 1941
937 Passed and Approved July 6 , 1948
SECTION 28 . Severability Clause
If any section , subsection , paragraph , sentence , clause or phrase of this
ordinance shall be declared invalid for any reason whatsoever , such decision shall not
affect the remaining portions of this ordinance , which shall remain in full force and
effect ; and to this end the provisions of this ordinance are declared to be severable .
SECTION 29 . This Ordinance shall be in full force and effect from and after
its passage , approval and publication .
PASSED AND APPROVED this fifteenth day of February , 1965 .
APPROVED :
GUY E . I19OWN , MAYOR
ATTEST :
GEOR=4 . IYAVIS , CITY CLERK