Chapter 15.44
Gas Code1

Sections:

15.44.010    Short title.

15.44.020    Purpose.

15.44.030    Scope.

15.44.040    Definitions.

15.44.050    Board of examiners.

15.44.060    Board of appeals.

15.44.070    License required.

15.44.080    License application.

15.44.090    Examinations, fees and licenses.

15.44.100    License fees and performance bonds.

15.44.110    License not transferable--Display.

15.44.120    Nonliability.

15.44.130    Inspection fees.

15.44.140    Piping inspections.

15.44.150    Certificate of approval.

15.44.160    Duties and authority of inspector.

15.44.170    Duties of gas company.

15.44.180    Appliance installation.

15.44.190    Requirements of used gas appliances and assessories.

15.44.200    Conversion from nongas fuel to natural gas.

15.44.210    Proper installation.

15.44.220    Devices for reducing gas consumption--Regulation.

15.44.230    Unlawful restoration of gas and bypassing of meter.

15.44.240    Revocation or suspension of license.

15.44.250    Adoption by reference.

15.44.260    Conflicting provisions.

15.44.270    Penalty for violation.

15.44.010 Short title.

This chapter shall be known as the "Gas Ordinance" of the city of Montesano, Washington, and may be cited as such. (Ord. 848 §1; October 27, 1964).

15.44.020 Purpose.

The purpose of this chapter is to provide minimum standards, provisions and requirements for safe installation of gas appliances and gas pipes on consumers' property and to regulate the sale, maintenance and repair of such appliances. (Ord. 848 §2; October 27, 1964).

15.44.030 Scope.

All gas appliances or gas pipes hereafter sold, installed, maintained, or repaired within the corporate limits of the city shall conform to the requirements of this chapter. All gas appliances or gas pipes heretofore sold or installed shall conform to the requirements of this chapter. (Ord. 848 §3; October 27, 1964).

15.44.040 Definitions.

The following definitions are provided for the sole purpose of proper interpretation and administration of this gas ordinance.

INSPECTOR.    The term "inspector" shall mean the administrative authority and is so confirmed by the city council.

GAS COMPANY. The term "gas company" shall mean any person, firm or corporation holding and exercising a franchise or permit to distribute gas within the corporate limits of the city.

GAS SERVICE LINE. The term "gas service line" shall mean the gas piping leading from the gas main to the point of delivery.

POINT OF DELIVERY. The term "point of delivery" shall mean the outlet side of the utility's meter measuring the gas consumption.

HOUSE PIPING. The term "house piping" shall mean the gas piping extending from the consumer's point of delivery to the gas appliance.

OUTLET.    The term "outlet" shall mean a threaded connection in a piping system to which a gas burning appliance is or may be attached.

GAS APPLIANCE. The term "gas appliance" shall mean any appliance or device used for burning gas.

VENT.    The term "vent" shall mean a pipe, flue, or chimney designed and installed to carry the products of combustion from an appliance to the outside atmosphere.

VENT OPENING. The term "vent opening" shall mean an opening or collar which is provided on a gas appliance for the purpose of connecting the vent.

TYPE "A" VENT. The term "type "A" vent" commonly referred to as a chimney shall mean of approved masonry, reinforced concrete construction or metal smoke stacks or special flues approved or listed for flue-gas at temperatures in excess of five hundred fifty degrees Fahrenheit.

TYPE "B" VENT. The term "type "B" vent" shall mean approved vent piping of noncombustible corrosion resistant material of adequate strength and heat insulating value, and having joints approved by testing laboratories.

TYPE "C" VENT. The term "type "C" vent" shall mean approved vent piping of standard galvanized iron of not less than twenty-eight gauge metal.

VENTED APPLIANCE. The term "vented appliance" shall mean a gas appliance designed to be installed in such a manner that the products of combustion are conveyed directly to the outside atmosphere by a vent.

NEW GAS APPLIANCE. The term "new gas appliance" shall mean a gas appliance which has not previously been sold, installed and used.

USED GAS APPLIANCE, The term "used gas appliance" shall mean a gas appliance which has been previously sold, installed and used.

APPROVED.    The term "approved" shall mean accepted by reason of the satisfactory results of thorough investigations and tests conducted by the inspector, or by reason of accepted principles, or tests by recognized authorities, technical or scientific organizations.

CERTIFICATE OF APPROVAL. The term "certificate of approval" shall mean a document issued for the material, piping, or appliance inspected, completely filled out, together with the date, address of the premises or consumer and signed by the inspector.

PERSON.    The term "person" shall mean any person, firm, association or corporation.

GAS.    The term "gas" shall mean natural, liquefied petroleum, artificial and/or mixed gas. (Ord. 848 §4; October 27, 1964).

15.44.050 Board of examiners.

A board of examiners is created and shall consist of the representative of the building inspector, who shall be the clerk, the chief of the fire department and three members to be appointed by the mayor and confirmed by the city council. One of the appointees shall be a representative of the distributing gas company, the second shall be a practical man engaged in installation and the third, any competent person. These three appointed members shall serve for three years, except for the first term, when one shall be appointed for three years, one for two years and one for one year. (Ord. 848 §5; October 27, 1964).

15.44.060 Board of appeals.

In order to determine the suitability of alternate materials and types of construction and provide for reasonable interpretation of the provisions of this chapter and to hear appeals from an order of the inspector there shall be, and is hereby created, a board of appeals which shall consist of the members of the board of examiners. The authorized representative of the building inspector shall be an ex officio member and shall act as secretary of the board. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building inspector, with a duplicate copy to the appellant; and may recommend to the city council such legislation as is consistent therewith. The board of appeals shall meet upon the call of the inspector. (Ord. 848 §6; October 27, 1964).

15.44.070 License required.

GAS INSTALLATION LICENSE. 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 in accordance with the provisions of this chapter.

GAS FITTER'S LICENSE. 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 chapter, unless he has received a gas fitter's license; provided, that any person may work as an apprentice, for a period not to exceed six months, so long as he works under the direct supervision of a licensed gas fitter.

LIMITATIONS OF GAS FITTER'S LICENSE. 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. 848 §7; October 27, 1964).

15.44.080 License application.

Applicants for licenses required in this chapter shall make application to the clerk of the board of examiners. (See Section 15. 44. 090). (Ord. 848 §8; October 27, 1964).

15.44.090 Examinations, fees and licenses.

The board of examiners shall meet and organize by electing a chairman and shall designate the time and place for examination of all applicants provided for herein. The board shall examine the applicants as to their practical and theoretical knowledge of gas fitting, appliance installation and adjustment thereof, shall submit the applicant to some satisfactory form of practical test and if satisfied of the competency of the applicant, shall so certify to the city council, which shall authorize the city clerk to issue a license to the applicant authorizing him to work at the business of installing, altering or repairing gas appliances or gas piping or gas fittings, as the case may be, at which time he shall also cause the applicant to register in the office of the building inspector, his name, place of business, residence, license number, date of examination and to what capacity licensed. In the case of a firm or corporation applying for a gas installation license, the examination of one member of the firm or an executive of the corporation shall fulfill the requirements of this section. (Ord. 848 §9; October 27, 1964).

15.44.100 License fees and performance bonds.

LICENSES.    The annual fee for the gas installation license shall be ten dollars for the first year and ten dollars per year thereafter. The license shall be renewed on or before

November fifteenth of each year, without the necessity of submitting to reexamination, unless a licensee has failed to renew his license for a period of two consecutive years.

LICENSE NOT REQUIRED. The requirements contained herein shall not be construed to limit the right of the gas utility and its authorized employees to render necessary service in event of an emergency.

PERMIT BOND AND INSURANCE, Before any license is granted to an applicant for a gas fitter's license, the applicant shall file with the city clerk a permit bond to be effective during the period for which the license is issued plus one year from the date of the expiration of the license in the sum of one thousand dollars, executed by the applicant and a surety company, acceptable to the legislative body of the city, conditioned that the licensee and his agents, servants, and/or employees, if any, shall fully comply with all provisions of this chapter and that any person injured by failure of the licensee or his agents, servants, and/or employees, if any, to comply with the provisions of this chapter shall have a right of action against the licensee and his surety in his name; provided, that the aggregate liability of the surety upon such bond for claims or causes of action which may arise thereunder during the period for which this bond is written, shall not exceed the face amount of the bond. Provided further, that any person desiring to avail himself of the benefits of such bond shall commence action thereon within one year after the date of the completion of the work alleged to have been done improperly; before such applicant shall be granted a gas fitter's license,

He also shall file with, and have approved in writing by, the city clerk, a copy of his bodily injury liability and property damage insurance policy or policies of not less than twenty-five thousand dollars for injuries, including accidental death to any one person and subject to the same limit for each person in an amount not less than fifty thousand dollars on account of one accident and property damage liability insurance in limits of not less than twenty-five thousand dollars; provided, that if an applicant for a gas fitter's license files an affidavit with the city clerk certifying that he is to perform gas fitting only as an employee of a certain specified firm engaged in the business of gas fitting which has filed the abovementioned approved surety bond and insurance policy or policies, the approved surety bond and insurance shall not be conditioned precedent to the issuance of a gas fitter's license to such an applicant, but such license shall be operative only while such applicant is employed as a gas fitter by the firm, and shall be revoked when the firm ceases to have the required approved surety bond and insurance coverage unless the licensee files with the city clerk the required approved surety bond and insurance policy or policies or is employed by another firm that has filed with the city clerk the required approved surety bond and insurance policy or policies. (Ord. 848 §10; October 27, 1964).

15.44.110 License not transferable--Display.

No person, firm or corporation shall lend his or their gas fitter's license to any other person, nor shall any such licensed person, firm or corporation apply for a permit in his or their name for the use of any other person, and any such licensed person, firm or corporation so doing or refusing to comply with any other requirement of this chapter shall have his or their gas fitter's license suspended or revoked by the city.

Each licensed gas installer shall display his license conspicuously at his place of business. (Ord. 848 §11; October 27, 1964).

15.44.120 Nonliability.

This chapter shall not be construed as relieving such persons installing, altering or repairing any gas appliance or piping pertaining thereto from liability to anyone injured by defective installation, alteration, or repair. Nor shall the city or any agent thereof be considered to have assumed any such liability by reason of the inspection authorized hereunder or by reason of the issuance of a certificate of inspection by the inspector. (Ord. 848 §12; October 27, 1964).

15.44.130 Inspection fees.

No person 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. Persons starting emergency work on holidays or Sundays will be permitted to take out permits on the next day the city hall is open. Otherwise persons working without a permit shall be subject to fine as levied by the gas board. Payment of the fine however shall in no way relieve the person of the penalties otherwise provided for the violation of the chapter.

INSPECTION FEES

Domestic gas ranges

$1.00

Commercial gas ranges

2.00

Gas refrigerators

1.00

Gas space heaters

1.00

Gas water heaters

1.00

Gas furnaces and boilers up to 400,000 BTU input

1.00

Gas furnaces and boilers from 400,000 BTU and over

2.00

All other small appliances

1.00

Conversion units at the same rate as above for new installation

Gas piping system

$1. 00

Where new piping is required to supply the appliance, the above fees for house piping inspection will be collected. (Ord. 848 §13; October 27, 1964).

15.44.140 Piping inspections.

(a)    Test or Final Piping Inspection.

1.    Test or final piping inspection shall be made by the inspector after all piping authorized by the permit has been installed and before any 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, at which time the piping shall stand an air pressure equal to not less than the pressure of twenty-five pounds, and the piping shall hold the air pressure for a period of at least ten minutes without any perceptible drop.

2.    All tools, apparatus, labor and assistance necessary for the test shall be furnished by the installer.

(b)    A new inspection shall be required at such time as alterations, additions, or any changes are made to existing piping or equipment or at such time when new installations are made. (Ord. 848 §14; October 27, 1964).

15.44.150 Certificate of 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 has complied with the provisions of this chapter and all other requirements of law or ordinance applicable thereto. A duplicate of each piping certificate shall be delivered to the gas company and used as its authority to grant gas service. (Ord. 848 §15; October 27, 1964).

15.44.160 Duties and authority of inspector.

The inspector is hereby authorized and directed to enforce all of the provisions of this chapter, and the inspector or his authorized representative, upon presentation of proper credentials, may enter any building or premises for the purpose of making inspection or preventing violations of this chapter.

The inspector or his authorized representative is hereby authorized to have disconnected 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 ordered disconnected by the inspector or his authorized representative together with the reason or reasons therefor, and it shall be unlawful for any person to remove the notice or reconnect the gas piping or appliance until authorized by the inspector to do so.

It shall be the duty of the inspector to confer with the representatives of the local gas companies or gas fitters associations, or the local health department, and the local fire department, and otherwise obtain from proper sources all helpful information and advice and to present the same to the city council from time to time for their consideration. (Ord. 848 §16; October 27, 1964).

15.44.170 Duties of gas company.

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

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

Gas companies shall not be required to secure permits to extend gas services or set pipes or set meters or any other utility function. (Ord. 848 §17; October 27, 1964).

15.44.180 Appliance installation.

A gas stop will be installed ahead of any other fittings where a gas pipe comes through the floor or wall to a gas appliance.

All appliances shall be vented except listed cooking equipment, refrigerators, counter appliances, and specialized equipment of limited output such as laboratory equipment, gas lights, etc. (Ord. 848 §18; October 27, 1964).

15.44.190 Requirements of used gas appliances and assessories.

All used gas appliances hereafter sold or offered for sale or installed shall be approved by the inspector for safety, and shall be identified accordingly. Used gas appliances shall be connected to gas outlets for use at the time of inspection. In the event the appliance has been used with butane, propane, or other liquid petroleum gases, it shall be subject to approval by the inspector as having been properly converted for use with natural gas or any admixture thereof. (Ord. 848 §19; October 27, 1964).

15.44.200 Conversion from nongas fuel to natural gas.

Furnaces, boilers, or other types of heating equipment designed to burn fuel other than gas shall not be converted to burn gas until such equipment has been approved for conversion by the gas company. All heating appliances which are converted to gas shall be vacuum cleaned and brushed down. (Ord. 848 §20; October 27, 1964).

15.44.210 Proper installation.

Every gas appliance hereafter installed shall be so located that it can be readily adjusted and shall be properly adjusted by the person making the installation to insure safe operation of the burners and proper combustion of the gas.

In no case shall an appliance be fired or adjusted to pass a greater amount of gas than the rated capacity. (Ord. 848 §21; October 27, 1964).

15.44.220 Devices for reducing gas consumption--Regulation.

No person shall, without the approval of the inspector, display, sell, barter, replace, offer for sale, lease, deal in, supply, rent, donate, connect, install, or use within the corporate limits of the city any device purporting to reduce gas consumption when such device is intended as an ajunct, or addition to, a gas appliance, or to be suspended above, or wholly or partially to enclose, any burner of a gas appliance in such manner as to reduce the effectiveness of ignition of the gas issuing from the burner or impair combustion of said burner. (Ord. 848 §22; October 27, 1964).

15.44.230 Unlawful restoration of gas and bypassing of meter.

It shall be unlawful for any person, by any means, to restore the flow of gas through pipes which have been shut off either by the gas company or the inspector, or to cause gas supplied by the gas company to bypass the meter by which the amount of gas supplied by the gas company is measured, and such acts shall be prosecuted according to the terms contained in this chapter. (Ord. 848 §23; October 27, 1964).

15.44.240 Revocation or suspension of license.

Any license granted under the provisions of this chapter may be suspended or revoked by the inspector whenever it shall be made to appear to him that the person to whom the license is issued has violated any of the provisions of this chapter. In the event the inspector shall suspend or revoke the license, he shall cause to be served upon the licensee a formal order of suspension or revocation of the license which order shall recite the reasons therefor. An appeal from any order of the inspector suspending or revoking a license granted hereunder may be taken to the board of appeals of the city referred to hereinafter within five days after service upon the licensee of the order of suspension or revocation, whereupon the board of appeals shall hold a hearing thereon at a date to be fixed by it. The suspension or revocation of a license shall give the licensee no right to a refund from any unearned portion of the fee paid.

Any order provided for in this chapter shall be served either by delivery of a copy personally upon the licensee, or by leaving a copy with some person of suitable age and discretion at the place of business of the licensee, or if no person may be found at the place of business of the licensee by leaving such order in a conspicuous place on the premises and mailing a copy of the order to the licensee at his place of business as set forth in his application for a license. (Ord. 848 §24; October 27, 1964).

15.44.250 Adoption by reference.

N. B. F. U. 54, Standard of the National Board of Fire Underwriters for the installation of gas appliances and gas piping in buildings, August, 1959, and any future revisions of the same will be adopted as the technical standard of this chapter, with additions noted in Section 18. (Ord. 848 §25; October 27, 1964).

15.44.260 Conflicting provisions.

In the event any of the provisions of this chapter conflict with any other provisions of this chapter, with any other ordinances of this city, or with the standards embodied in state and federal laws and rules and regulations, the provisions containing the highest standards shall be observed. (Ord. 848 §26; October 27, 1964).

15.44.270 Penalty for violation.

Any person, firm, or corporation that shall fail to comply with, or that shall violate, any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in an amount not exceeding three hundred dollars, or by imprisonment for a period not exceeding ninety days, or by both such fine and imprisonment. (Ord. 848 §28; October 27, 1964).


1

    For statutory provisions authorizing the adoption of codes and statutes by reference, see RCW 35.21.180.