Chapter 13.44 GAS

A. “Distributions system” means any system of mains, pipes, service lines, regulators, meters, fixtures and connections and attachments used in the distribution of gas.

B. “Gas” means natural, manufactured or mixed gas suitable for domestic or industrial fuel.

C. “Permittee” means any person holding a franchise to distribute gas in the city.

D. “Person” means every person, firm, corporation or association.

E. “Public properties” means any street, alley, roadway, sidewalk, viaduct, highway, bridge, park drive or public ground open as a matter of right to public travel.

F. “Service line” means pipe, regulator and meter which conveys gas from a main or other distribution or transmission line to and on a consumer’s premises.

G. “Transmission system” means a system of pipelines installed to transmit gas from a source or sources of supply to one or more distribution center or a pipe installed to interconnect sources of supply. (Ord. 166 §§ 1 – 8, 1967)

13.44.020 Construction, operation, maintenance and safety standards.

A. The Rules and Regulations Pertaining to Matters of Public Safety in the Construction and Operation of Facilities for the Transmission and Distribution of Gas of the Public Service Commission of the state, Appendix A to Order in Consolidated Cause Nos. U-8799 and U-8800, adopted June 28, 1955, and the provisions of Gas Transmission and Distribution Piping Systems, Section 8 of the American Standard Code for Pressure Piping, 1963 Edition, Federal Code CFR49, Minimum Federal Standards, on file in the office of the clerk-treasurer are each adopted by reference as standards for gas installation in the city; provided, that in the event any of the provisions of such rules and regulations or such federal code should conflict with any of the provisions of this article, the article and the state rules and regulations shall govern and be observed.

B. All amendments and additions to such rules and regulation and such federal code, when printed and filed with the clerk-treasurer shall thereupon become amendments and additions thereto if not in conflict with the provisions of this article. (Ord. 205 § 1, 1973; Ord. 166 § 9, 1967)

13.44.030 Inspection of system.

All construction of a gas distribution or transmission system shall be inspected by the gas inspector for the permittee. (Ord. 166 § 10, 1967)

13.44.040 Testing of system.

Before any newly constructed distribution or transmission system is placed in service, it shall be tested by the permittee in conformity with codes adopted by this article. (Ord. 166 § 11, 1967)

13.44.050 Shut-off location.

Service shut-offs shall be installed on all new services, including replacements, at the curb or property line for each service, or at an easily accessible place on the outside of the building served. If the latter method is used, such service shall not enter a building directly without coming above ground. (Ord. 166 § 12, 1967)

13.44.060 Pipe location.

All mains shall be laid in alleys or easements whenever possible, or at locations generally on the south and west sides of streets and alleys. Mains shall have a lateral clearance not less than four feet from water mains and 12 inches from any other subsurface structure; provided, that under exceptional circumstances, the city may authorize less clearance, mains shall have a vertical clearance to 12 inches when crossing another pipe. Mains shall be laid with a cover not less than 30 inches, except under unusual circumstances less coverage may be used. Where the trench is in rock, the cover may be 24 inches if the main is properly cushioned as required in AMC 13.44.080. Where the trench is in a parking strip, the cover may be 18 inches. In the event interference with other subsurface structures make it impractical to maintain the above depths, the city may permit gas pipe lines and mains to be constructed so as to avoid such subsurface structures. Minimum depth of service lines shall be 12 inches at the service terminal and shall normally slope to required depth at the main. No person shall install a gas service line on consumer’s premises, in the same ditch as the water service line without written approval by the city. (Ord. 166 § 13, 1967)

13.44.070 Protection and removal of utilities.

A. The permittee shall inform itself as to the existence and location of any underground utilities and protect the same against damage.

B. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electric conduit or other utility.

C. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the construction or maintenance work, and do everything necessary to support, sustain and protect the same under, over, along or across such work. In case any of the pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the authorities having control of the same and the expense of such repairs shall be charged to the permittee.

D. If it should be necessary to move an existing utility, the work shall be done by the owner of such utility. Whenever the permittee’s utility interferes with the actual construction of any public improvement, such utility shall be moved by the permittee. No utility, either publicly or privately owned, shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. (Ord. 166 § 14, 1967)

13.44.080 Trench – Excavation.

A. Trenches shall not be excavated more than 300 feet in advance of pipe laying, nor left unfilled for more than 700 feet where pipe has been laid, except by permission from the city. The length of the trench that may be opened at any time shall not be greater than the length of pipe and the necessary accessories which are available to the site ready to put in place. The completed trench shall be kept not less than 30 feet ahead of the pipe layers. Trenches shall be at least six inches wider on each side or a total width of 12 inches more than the exterior diameter of the pipe, except where pipes are four inches or less in diameter. Wherever excavation is made in rock, a minimum of six inches of noncorrosive soil, sands or fines of existing spoils shall be used as a padding beneath the pipe and an additional six inches above the pipe.

B. Excavation for manholes and other structures shall be sufficient to leave at least 12 inches between their outer surfaces and the sides of the excavation. (Ord. 166 § 15, 1967)

13.44.090 Trench – Water removal.

The permittee shall pump, bail or otherwise remove any water which accumulates in trenches. De-watering trenches may be accomplished in any manner approved by the city. Water shall not be permitted in trenches at any time during construction nor until backfilling over the top of the pipe has been completed unless otherwise specifically permitted the city. The groundwater level in trenches shall not be permitted to rise above an elevation of six inches below the pipe. The permittee shall perform all work necessary to keep the trenches clear of water while the foundations and masonry are being constructed or the pipe laid. (Ord. 166 § 16, 1967)

13.44.100 Pavement breaking.

Whenever it is necessary to break through existing pavement for the purpose of constructing gas service facilities and where trenches are to be four feet or over in depth, the pavement and the base shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement and a six-inch shoulder of undisturbed material shall be provided on each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. (Ord. 166 § 17, 1967)

13.44.110 Tunnel construction.

Tunnels under pavement shall not be permitted except by permission of the city and, if permitted, shall be adequately supported by timbering and backfilling under the direction of the gas inspector. (Ord. 166 § 18, 1967)

13.44.120 Backfilling.

Backfilling in all public streets and improved areas, both public and private, shall be completed to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tampers or vibrators, or by rolling in layers as required by the soil in question. (Ord. 166 § 19, 1967)

13.44.130 Protection of property.

A. The permittee shall, at his own expense, shore up and protect all buildings, walls, fences or the property likely to be damaged during the progress of the construction or maintenance work and shall be responsible for all damage to public or private property. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled, and the area restored as nearly a possible to its original condition.

B. Permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owner, or in the case of public parks, the city park department. (Ord. 166 § 20, 1967)

13.44.140 Preservation of monuments.

The permittee shall not disturb any surface monuments or hubs found on the line of the improvements unless authorized by the city. (Ord. 166 § 21, 1967)

13.44.150 Damaging improvements – Repair.

All damage done to existing improvements during the progress of construction or maintenance work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of applicable ordinances. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the city may cause such necessary labor and materials to be furnished by other parties and the cost thereof charged against permittee. (Ord. 166 § 22, 1967)

13.44.160 Construction within easements and property lines.

Property line and limits of easement shall be indicated on the plans and it shall be the permittee’s responsibility to confine its construction activities within these limits. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee. (Ord. 166 § 23, 1967)

13.44.170 Excavated material storage.

All material excavated from the trenches and piles adjacent to the trench or in highways shall be piled and maintained in such a manner that the toe of the slope of the excavated material is at least 18 inches from the edge of the trench. When the confines of the area through which the gas pipes are to be laid are too narrow to permit the piling of excavated material beside the trench, the permittee may be required to haul excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all storage and disposal sites required. (Ord. 166 § 24, 1967)

13.44.180 Interference with fire stations and hydrants prohibited.

The work shall be conducted so as not to interfere with access to fire station, fire hydrants. Material or obstruction shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or fire fighting equipment shall be kept free of material piles or other obstructions. (Ord. 166 § 25, 1967)

13.44.190 Maintenance of watercourses.

A. The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the progress of the work, and shall replace the same in as good condition as it found them or shall make final provisions for them as the city may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water.

B. The permittee shall make provisions to take care of all surplus water, mud, silt, or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure so to provide. (Ord. 166 § 26, 1967)

13.44.200 Traffic during construction.

A. During construction, traffic shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of abutting property and to the general public, provided that the city may permit the closing of public properties to all traffic for a designated period of time, if necessary. Before any public property may be closed or restricted to traffic, the permittee must obtain the approval of the city and notify the chief of the fire department and the chief of the police department. The permittee shall route and control all traffic, including its own vehicles, as directed by the chief of the police department. Upon completion of construction work, the chief of the police department and chief of the fire department shall again be notified before traffic is returned to its normal route. Where flagmen are deemed necessary by the chief of the police department, they shall be furnished by the permittee at its expense.

B. Through traffic shall be maintained without detours if possible. When it is necessary to construct a detour, the permittee shall construct the same at his expense. The permittee will be responsible for any unnecessary damage caused to any public properties by the operation of its equipment.

C. The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to minimize encroachment upon highways. It shall construct and maintain adequate and safe crossings over excavations and across highways during construction to accommodate vehicular and pedestrian traffic at all street intersections, under the supervision of the city. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossing shall consist of planking three inches thick, 12 inches wide and of length required, together with necessary blocking. The walk shall not be less the four feet wide and shall be provided with a railing if required by the city. (Ord. 166 § 27, 1967)

13.44.210 Insurance required.

The permittee shall have and maintain in force adequate public liability and property damage insurance, which insurance may contain a self-insured deductible amount as shall be approved by the city council. (Ord. 166 § 28, 1967)

13.44.220 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in any sum not exceeding $300.00 or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment. (Ord. 166 § 29, 1967)

Article II. Appliances

13.44.230 Title of provisions.

This article shall be known as the gas ordinance of Asotin and may be cited as such. (Ord. 168 § 1, 1967)

13.44.240 Purpose.

The purpose of this article is to provide minimum standards, provisions and requirements for safe installation of gas appliances and gas pipes and to regulate the sale, maintenance and repair of such appliances. (Ord. 168 § 2, 1967)

13.44.250 Adoption by reference.

A. The following regulations are adopted by reference:

1. Standard for Installation of Gas Appliances and Gas Piping, Domestic Gas Conversion Burners and Equipment in Excess of 400,000 BTU per Hour Input 1965, distributed by Inland Empire Natural Gas Association, Inc., of Spokane, Washington;

2. NBFU No. 58. Standards of the National Board of Fire Underwriters for the Storage of Handling of Liquefied Petroleum Gases;

3. NBFU No. 59. Standards of the National Board of Fire Underwriters for the Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants.

B. At all times, three copies of the regulations described in subsection (A) of this section shall be on file at the office of the clerk-treasurer for the use and examination of the public.

C. Provided, however, that in the event the standards embodied in state and federal laws, rules and regulations are higher or in conflict with those contained in sources adopted by reference in this section, the state and federal laws, rules and regulations shall govern. Provided further, that in the event any provisions of this article conflict with any of the provisions of this code or other ordinances of this city, the provisions of the ordinances containing the highest standards shall be observed. (Ord. 168 § 22, 1967)

13.44.260 Conformance to requirements.

All gas appliances or gas pipes hereafter sold, installed, maintained or required within the corporate limits of Asotin shall conform to the requirements of this article. (Ord. 168 § 3, 1967)

13.44.270 Definitions.

The following definitions, together with the definitions as found in the parts entitled “Definitions” of the Standard for Installation of Gas Appliances and Gas Piping, Domestic Gas Conversion Burners and Equipment in Excess of 400,000 BTU per Hour Input, adopted by reference in AMC 13.44.250 are provided for the sole purpose of proper interpretations and administration of this article:

A. “Apprentice gas fitter” is any person, other than a gas fitter, who as a part of his principal occupation is engaged in learning and assisting in the installation of gas piping and equipment. Apprentices shall not perform gas installation work except under the immediate supervision and in the presence of a licensed person of higher classification and must be registered as such with the board of examiners.

B. “Approved” means accepted by the American Gas Association or tests conducted by recognized technical or scientific testing laboratories.

C. “Certificate of approval” means a document fully completed and or permanent metal identification tag, issued and attached to the material, piping or appliance inspected and approved, together with date of inspection, address of the premises or consumer and signed by the inspector.

D. “Gas appliance” means any appliance or device used for burning gas.

E. “Gas company” means any person, firm or corporation holding and exercising a franchise or permit to distribute natural gas or liquefied petroleum gas within the corporate limits of the city.

F. “Gas fitter” as used in this chapter means any person who does any pipe fitting work, installs, repairs or remodels any gas piping or gas appliance and who has been certified by the board of examiners and who is registered as such with the city.

G. “Inspector” means the building official or his authorized representative.

H. “New gas appliance” means a gas appliance which has not previously been installed or used.

I. “Outlet” means a threaded connection in a piping system to which a gas burning appliance is or may be attached.

J. “Point of delivery” means the junction of the utility’s meter with the consumer’s piping.

K. “Type A flue or vent” means a flue or vent of masonry (clay tile lined), reinforced concrete or metal smoke stacks or approved special flues designed for gas burning equipment to accommodate flue gas temperatures in excess of 550 degrees Fahrenheit at the draft hood.

L. “Used gas appliance” means a gas appliance which has been previously installed and used. (Ord. 168 § 4, 1967)

13.44.280 License – Generally.

No person shall engage in or work at the installation, extension, alteration or repair of any gas appliance, venting or piping pertaining to or in connection with gas service on consumer’s premises within the corporate limits of Asotin, unless such person has first procured a license therefor in accordance with the provisions of this article. (Ord. 168 § 5, 1967)

13.44.290 License – Designated.

A. No person, firm or corporation shall engage in or work at the business of installing, extending, altering or repairing any gas appliance or piping, vent or flue connection pertaining to or in connection with gas installations within the city either as employer or individual unless such person, firm or corporation has received a gas installation license therefor.

B. No person shall do any gas fitting work, install, repair or remodel any piping or appliance which would be subject to inspection under the provisions of this article unless such person has received a gas fitter’s license therefor.

C. Persons under the terms of this chapter who are required to have a gas fitter’s license are also required to have a gas installation license unless they are employees of an employer who has a gas installation license as provided in this chapter. (Ord. 168 § 6, 1967)

13.44.300 License – Nontransferable.

No person, firm or corporation shall lend his or their gas installation license to any other person, nor shall any such licensed person, firm or corporation apply for a permit in his or their name for use of any other person and any such unlicensed person, firm or corporation as doing or refusing to comply with any other requirements of this article shall have his or their gas installation license suspended or revoked by the building official on the recommendation of the board of examiners. (Ord. 168 § 7, 1967)

13.44.310 License – Application.

Every person, firm or corporation desiring to engage in the business of the gas fitting or the installation of gas appliances in the city shall make application therefor to the board of examiners and shall at such time and place as may be designated by the board of examiners hereinafter provided for, be examined as to his qualifications for such business. (Ord. 168 § 8, 1967)

13.44.320 License – Board of examiners.

A. The board of examiners shall consist of the same individuals who are authorized to act as the board of examiners for the city of Clarkston, Washington.

B. The board of examiners shall also constitute the board of appeal. The board of appeals shall meet upon call of the inspector. (Ord. 168 § 9, 1967)

13.44.330 License – Examination procedure.

The board of examiners shall meet, organize and elect a chairman and shall designate the time and place for examination of all applicants desiring to engage in or work at the business of installing gas appliances or gas piping in the city. The board shall examine such applicants as to their practical and theoretical knowledge of gas fitting, appliance installation and adjustment, shall submit the applicant to some satisfactory form of practical test and if satisfied of the competency of the applicant, shall authorize the inspector to issue a license to such applicant, authorizing him to work at the business of installing gas appliances or gas piping at which time he shall also cause the applicant to register in the office of the building official, his name, place of business, residence, license number, date of examination, to what capacity licensed and his state contractor’s bond registration number. In the case of a firm or corporation, the examination of one member of the firm or an executive of the corporation shall fulfill the requirements of this section. The secretary for the board of examiners shall be the inspector. (Ord. 168 § 10, 1967)

13.44.340 License – Issuance.

The board of examiners, upon application thereto and the payment of the fee as specified in this chapter, may issue a gas fitter’s license to any person who holds a gas fitter’s license issued to him by the proper authority of any city; provided, that the requirements for licensing of gas fitters are of a standard not lower than this chapter, and provided such city will license, without examination and upon substantially the same conditions to applicants holding licenses issued by this board under this article. (Ord. 168 § 11, 1967)

13.44.350 License – Fee – Bond.

A. The annual fee for the gas installation license for any firm or corporation under this article for installing gas appliances or for gas fitting shall be $25.00 per year and the license shall be renewed on or before January 15th of each year. The annual fee for an individual working as a gas fitter shall be $5.00 for the first year and the renewal fee shall be $2.00 per year provided the license shall be renewed on or before January 15th of each year. The license shall continue in force the calendar year in which it is issued or until revoked or suspended, but shall not be transferable. If, at the time application is made under this section, reciprocal recognition of firm licenses exists between Asotin County, city of Clarkston and this city, the $25.00 fee collected by the city will be prorated 46 percent to the city of Clarkston, eight percent to this city and 46 percent to Asotin County; such reciprocity will be deemed established upon passage by the city of Clarkston and county of Asotin a gas code substantially similar to the code of the city. An additional charge of $2.50 will be collected by the issuing officer as an application processing charge and will not be prorated.

B. Any individual, firm or corporation engaged in the business of installing gas fixtures shall furnish evidence of compliance with state bond requirements defined in Chapter 18.27 RCW.

C. Every licensed gas installer shall display his license number conspicuously at his place of business. (Ord. 168 § 12, 1967)

13.44.360 Liability.

This article shall not be construed as relieving such persons owning, operating, installing or selling any gas piping, appliances or other gas apparatus from liability to any one injured by any defect therein. Nor shall the town or any agent thereof be held as assuming any such liability by reason of the inspection authorized under this chapter or certificate of inspection issued by the inspector. (Ord. 168 § 13, 1967)

13.44.370 Inspection – Right of entry.

The inspector or his authorized representative shall have the right to enter all buildings which contain gas piping or appliances for the purpose of inspecting same at any reasonable time. (Ord. 168 § 14, 1967)

13.44.380 Installation – Permit.

A. No person, firm or corporation shall install any gas appliance to house piping in any building or structure without first obtaining a permit to do such work from the city. Failure to obtain a permit prior to the time of starting work on the installation, alteration or repairs of any gas equipment except as otherwise provided shall cause the imposition of a penalty, which shall be double the fee specified, when such permit is finally secured. The payment of such double fee, however, shall in no way relieve the person, firm or corporation of any criminal penalties otherwise provided for the violation of this article.

B. When a permit is issued to connect an appliance to an existing stub or outlet no additional fee will be charged for piping inspection. (Ord. 89-412 § 1, 1989; Ord. 168 § 15, 1967)

13.44.390 Installation – Inspection.

A. Rough Piping Inspection. Rough piping inspection shall be made after all piping authorized by the permit has been installed and before any such piping has been covered or concealed or any fixtures or gas appliances have been attached thereto.

B. Test or Final Piping Inspection.

1. Test or final piping inspection shall be made after all piping authorized by the permit has been installed and after all portions thereof which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been attached thereto. This inspection shall include a pressure test.

2. All tools, apparatus, labor and test shall be furnished by the gas fitter.

3. Used gas appliances for resale shall be connected to gas outlets at the time the inspection is made.

C. Unused Gas Structure Inspection.

1. Inspection of piping shall be required if the structure has not used gas for a period of 12 months.

2. A new inspection certificate shall be required for a structure in which no gas has been used for a period of 12 consecutive months or more. (Ord. 168 § 16, 1967)

13.44.400 Certificate approval.

The inspector shall issue a certificate of approval at the completion of the work for which a specific permit has been issued, if after inspection it is found that such work complied with the provisions of this code and all other requirements of law or ordinances applicable thereto. A duplicate of each piping certificate shall be delivered to and filed by the gas company and used as its authority to grant gas service. (Ord. 168 § 17, 1967)

13.44.410 Inspector – Authority – Duties.

A. The inspector is authorized and directed to enforce all of the provisions of this article, and the inspector or this authorized representative upon presentation of proper credentials, may enter any building or premises for the purpose of making inspection or preventing violation of this chapter at any reasonable time.

B. The inspector or his authorized representative is authorized to disconnect any gas piping or fixture or appliance which has been connected before a certificate of approval has been issued, or which, upon inspection, shall be found defective or in such condition as to endanger life or property. In all cases where such a disconnection is made, a notice shall be affixed thereto and shall state that the same has been disconnected by the inspector or his representative together with the reason or reasons therefor, and it is unlawful for any person to remove such notice or reconnect such gas piping or appliance until authorized by the inspector to do so. (Ord. 168 § 18, 1967)

13.44.420 Disconnection authority.

A. Gas companies are authorized to disconnect or refuse to supply gas for any gas piping or gas appliance which appears to be defective or leaking, or otherwise considered to endanger life or property; provided, however, that the gas company shall immediately give notice of discontinuance of service to the inspector and the occupant of the building or premises where such gas supply is discontinued or refused.

B. Notice may be given by registered or certified mail.

C. In all cases where the supplying of gas has been discontinued for safety reason, the supplying of gas shall not be resumed until authorized by the inspector.

D. Gas companies shall not be required to secure permits to extend gas service or set pipes or set meters or any other utility function.

E. Gas companies shall secure street opening permits prior to installing or extending services. No charge shall be made therefor. (Ord. 168 § 19, 1967)

13.44.430 Maintenance requirements.

All gas piping, vents, vent connections and appliances shall be maintained in good condition; provided, however, that no gas piping, vent, vent connection, fixtures or appliances not conforming to the requirements of this chapter shall be used or maintained if the use or maintenance thereof would endanger life or property and no gas appliance shall be operate which, in the opinion of the inspector, is not provided with ample ventilation. (Ord. 168 § 20, 1967)

13.44.440 Violation – Penalty.

A. It is unlawful for any person by any means to restore the flow of gas through pipes which have been shut off either by the utility supplying the gas or the inspector. It shall be unlawful for any person, by any means, to cause gas supplied by any utility company to bypass the meter by which the amount of gas supplied by the utility company is measured and such acts shall be prosecuted according to the terms contained in this article.

B. Any person, firm or corporation that fails to comply with or violate any of the provisions of this article is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 or by imprisonment in the city jail not exceeding 90 days or by both such fine and imprisonment. (Ord. 168 § 21, 1967)

Chapter 13.44GAS

13.44.010 Definitions.