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HomeMy WebLinkAboutOrdinance 1432 ORDINANCE NO . 1432 SCAN N E ® 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PURPOSES WHEREAS , the City Council of the City of Fayetteville , Arkansas , finds that the Gas Piping Ordinances are out of date , and it is in the best interest of the City of Fayetteville to revise its Gas Piping Ordinance ; and WHEREAS , the City Council of the City of Fayetteville ,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