Ordinance 685 - Natural Gas Regulations146
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ORDINANCE NO. 685
AN ORDINANCE ENTITLED "AN ORDINANCE TO PROMOTE THE SAFETY OF THE PEOPLE OF
KALISPELL BY THE REGULATION OF THE INSTALLATION, EXTENSION', MAINTENANCE AND
REPAIR OF PIPING, EQUIPMENT AND APPLIANCES FOR THE CONVEYANCE AND USE OF
NATURAL, OR ARTIFICIAL GAS IN THE CITY OF KALISPELL, MONTANA, PROVIDING
PENALTIES FOR THE VIOLATION HEREOF, REPEALING ALL ORDINANCES AND PARTSOF
ORDINANCES IN CONFLICT HEREWITH. DIRECTING THAT INVALIDITY OF A PART OF
THIS ORDINANCE SHALL NOT AFFECT OR IMPAIR THE REMAINDER, AND DECLARING AN
EMERGENCY":
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
SECTION 1. APPLICATION OF REGULATIONS: The provisions of this Ordinance
shall apply to all installations, extensions, additions, alterations, mainten-
ance and repairs.of gas piping, equipment and appliances on a consumer's
-premises from the outlet of the utility's gas meter.
SECTION 2. INSPECTOR: The Mayor shall appoint a "City Gas Inspector" who
shall enforce the provisions of .this Ordinance and for this purpose shall
have the right to enter any and all buildings and premises at all reasonable
times to inspect gas piping, equipment, and appliances.
SECTION 3. LICENSE AND -BOND REQUIREMENTS:`
a. Any person, firm, or corporation; except a Gas Utility Company operating
under franchise; engaged In the business of installing, maintaining, or
repairing gas piping, equipment, or appliances, shall first apply to the
City Treasurer for a license to engage in such business and shall pay to the
City Treasurer the sum of $75.00 as an annual fee. Said license shall be
renewed annually. The license shall be issued on a calendar -year basis.
Prior to issuance of said business license,- the applicant shall file, and
thereafter keep on file, in the Office of the City Clerk, a Surety 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; executed by a
Surety Company duly authorized to do business in the State of Montana and
running to<the City of Kalispell, Montana, in the sum of "$3,000.00, condi
tioned to the effect that such person, firm, or corporation shall perform
all.work in connection with the installation, maintenance and repair of
gas piping, equipment and appliances in a skil-Tfull and workmanlike manner,
using only suiiable and proper materials, equipment and appliances, and
that the licensee shall fully comply with all -provisions of this Ordinance
and that any person injured by failure of said licensee .to comply with the
provisions of this Ordinance shall have the right of action against the
Licensee and his Surety in his name. PROVIDED, 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.
In addition to the aforementioned Surety Bond, the applicant shall file,
and thereafter keep on file in the Office of the City Clerk, proof that
he, -has in full force and effect, with an insurance company satisfactory
to the City:
1. Bodily injury Liability Insurance with minimum limits of
$25,000.00 for each person injured by reason of the work
for which the license was issued and minimum limits of
$100,000.00 for each occurrence;
2. Property Damage Liabilitu Insurance with minimum limits of
$25,000.00 for each accident and $100,000.00 aggregate.
b. Any person, firm, or corporation engaged in the business of installing,
maintaining, or repairing gas piping, equipment, or appliances is
required to have a gas fitter's license for each member of the firm
and each employee -engaged in the actual installation, maintenance, or.
repair of gas piping, equipment, or appliances as hereinafter provided;
c. No person, firm, or corporation shall install gas piping, equipment,
or appliances, unless, and until, said person, firm, or corporation has
first complied with all license requirements as hereinbefore set forth.
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SECTION 4. GAS FITTERS LICENSE: No person shall install, extend, alter, or
repair any gas piping, equipment, or appliance on a consumer's premises within
the City limits unless such person has first applied in writing for, and procured,
a Gas Fitters License therefore in accordance with the provisions of this Ordinance.
PROVIDED HOWEVER, that no employee of the Gas Utility shall be
required to have a Gas Fitters License.
SECTION 5. BOARD OF EXAMINERS: There is hereby created a Board to be known as
a "Board of Examiners" for the purpose of examining applicants for a gas fitters
license. Said Board shall consist of the City Building Inspector who shall be
the Clerk, the Chief of the Fire Department, and three members to be appointed
by the Mayor. One of the appointees shall be a representative of. the Gas Utility
franchised to operate and do business in the City; the second shall be a pract-
ical man engaged in gas installation; and the third, any competent person. The
three appointed members shall serve for three years, except for the first term,
when one shall be appointed for two years; and one for one year.
SECTION 6. ORGANIZATION OF BOARD & LICENSE FEES: At its first regular meeting,
said Board of Examiners shall select a Chairman and shall designate the time and
place for examination of all applicants desiring to engage in installing gas
piping, equipment, or appliancesi on consumer's premises within the City limits.
All applications for a Gas Fitters License, shall be in writing upon forms to be
prescribed by the Board of Examiners. A majority of the members of the Board
shall constitute a quorum, and shall be competent to transact any business. The
Clerk of the Board shall keep minutes of its meetings. Said Board shall examine
said applicants as to their practical and theoretical knowledge of gas pipe
fitting and of installation and adjustment of gas appliances; shall submit the
applicant to some satisfactory form of practical test and if satisfied of the
competence of the applicant, shall so certify to the legislative body of the City,
which shall authorize the City Treasurer to issue a license to such applicant,
authorizing him to install, extend, alter, or repair, gas piping, equipment, or
appliances, at which time he shall also cause the applicant to register in the
office of the Inspector, his name, place of business or employment, residence,
license number, date of examination, and capacity in which he was licensed.
The annual fee for Gas Fitters License shall be Five Dollars
for the first year and the renewal fee shall be three dollars
per year;
PROVIDED, that licenses shall be renewed without the necessity of
submitting to re-examination on or before January 15th of each year,
unless the Licensee has failed to renew his license for two consecu-
tive years.
Said license shall continue in force during the calendar year and
.expire on December 31st of the year in which it is issued unless
revoked or suspended during said calendar year.
SECTION 7. LOANING OF LICENSES PROHIBITED - PENALTIES: No person shall lend
his gas fitters license to any other person, nor shall any such licensed person
apply for a license in his name for use by any other person, and any such
licensed person so doing, or refusing to comply with any other requirements of
this Ordinance, shall have his gas fitters license suspended, or revoked by the
City.
SECTION 8. DISPLAY OF LICENSES: Every licensed gas fitter shall display his
current license certificate conspicuously at his principal place of business
or employment.
SECTION 9. REVOCATION OR SUSPENSION OF LICENSES:
' a. Any license granted under the provisions of this Ordinance may be
suspendedor revoked by the City Gas Inspector whenever it shall
be made to appear to him that the person, firm, or corporation to
whom the license is issued has violated any of the provisions of
this Ordinance. In the event the Gas Inspector shall suspend or .
revoke said license, he shall cause to be served on the licenses a
formal order of suspension, or revocation, of said license, which
order shall recite the reasons therefor.
b. 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, where-
upon said Board of Appeals shall hold a hearing thereon at a date to
be fixed by it.
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The suspension or revocation of a license shall give the licensee SS.
no right to a refund from any unearned portion of the fee paid.
C. Any order provided for in this Ordinance shall be served either (1) by
delivering a copy personally to the licensee, or (2) by leaving a copy
with some person of suitable•age and discretion at the place of business
of the licensee, or (3) by leaving such order in a conspicuous place on
the premises, and (4) mailing a copy of the order to the licensee•at his
place of business as set forth in his application for a license.
SECTION 10. BOARD OF APPEALS: In order to determine the suitability of
alternate materials and types of construction and to provide for reasonable
interpretation of the provisions of this Ordinance 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, with
the exception of the Inspector, who 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 Inspector, with a duplicate copy to the appellant; and may recommend to the
Council such legislation as is consistent therewith. The Board of Appeals shall
meet upon the call of the Inspector or -any member therof.
SECTION 11. RESPONSIBILITY OF LICENSEE: This Ordinance shall not be construed
as relieving such persons owning, operating, installing, or inspecting any gas
piping, appliances, or other gas apparatus from liability to anyone injured by
any defect therein. Nor shall the City or any agent thereof be considered to
have assumed any such liability by reason of the inspection authorized here-
under or by reason of the issuance of a certificate of inspection by the Inspector.
SECTION 12. ENFORCEMENT AND -ENTRY FOR INSPECTION: The Inspector is hereby
authorized and directed to cause inspections to be made of all consumer gas
installations within the City and to enforce all of the provisions of this
Ordinance. Upon presentation of proper credentials, the Inspector -may enter
any consumer's building or premises at any reasonable time for the purpose of
making inspection or preventing violations of this Ordinance.
SECTION 13. GAS PIPING AND APPLIANCES TO BE INSPECTED: Every person, firm
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or corporation shall make application to the City Gas Inspector, furnishing
required plans and specifications, and obtain a permit from said City Gas
Inspector before installing, extending or altering any gas pipings equipment
or appliance for the conveyance or use of natural or artificial gas on a
consumer's premises from the outlet of the utility's gas meter; Said permit
form shall be provided by the City Gas Inspector. In the absence or inability
to act of said City Gas Inspector, the Mayor shall designate some other fit and
proper person to perform said duties and shall notify the utility thereof.
PROVIDED HOWEVER, that no. -permit is required for servicing gas appliances.
The gas utility or any employee or agent thereof, or any other person
must first obtain the consent of the said City Gas Inspector or such other
person designated by the Mayor, as hereinbefore provided, to "turn -on" gas
at the meter into any new system of gas piping, or into any old system of gas
piping which has been extended or altered on a consumer's premises beyond the
utility's gas meter. The utility shall, upon demand of the City Gas Inspector,
or other person designated, turn gas on at any time for the purpose of inspection
and test.
It shall be unlawful for any person, except an agent of the gas utility to
"turn -on" gas at the meter into any new system of gas piping or into any old
system of gas piping after it has been "turned -off" for any reason.
SECTION 14. RECORDS: The Inspector shall keep a record of all gas install-
ations inspected. He shall also keep a record of all licenses and permits
Issued under this Ordinance.
SECTION 15. GAS INSTALLATIONS TO CONFORM TO GOOD PRACTICE:
a. All gas piping, equipment and appliances for the conveyance and use of
natural or artificial gas shall be installed to conform with generally
accepted good practice. The published standards of the American Gas
Association, Inc., entitled "Installation of Gas Appliances and Gas
Piping", the current edition being A.S.A.-Z21.30-1959 as adopted and
ayiended from time to time by the American Gas Association, while not
exclusive, shall be deemed to be generally accepted good practice.
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b. It shall be unlawful to turn gas into, or use any gas piping, equipment
or appliance until the same has beenr*; pected and approved by the City
Gas Inspector, as provided in this Ordinance.'
c. Rubber hose connections or fittings arranged for rubber hose connections
for gas heaters or similar appliances shall not be permitted,
d. Concealed gas piping shall not have any plugged openings except for such
appliances as will be installed. All plugged openings in concealed piping
shall be exposed.
Concealed unions, standard weight steel couplings, gas cocks, valves or
' bushings,will -not be permitted. Concealed dresser -type couplings will
not be permitted inside buildings.
e. All gas -consuming appliances installed shall be equipped with an effective
draft diverter; shall be properly vented to a suitable flue, and shall be
inspected to determine that all products of combustion are vented to atmos-
phere, except that AGA-approved gas ranges need not be vented. AGA-approved
gas refrigerators, gas mangles and other appliances, the consumption of
which is less than 5,000 Btu per hour, need not have draft-diverters or be
vented to flues.
f. Piping shall be of a size and so installed as to provide a supply of gas
sufficient to meet the maximum demand of all appliances served by'that
piping without undue loss of pressuie between the.meter and the appliance
or appliances. .
g. No person shall install a gas service line on consumer's premises in the
same ditch as the water service line without written permission of the
Superintendent of the Water Department.
h. Any gas line entering a building underground shall be sealed gas tight at
the building line, in a manner approved by the Inspector.
I. SEandafd full weight.wrought iron or steel pipe, free from defects, shall
be used in conveying gas from meter to appliances, except that approved
' seamless, well annealed, non-ferrous tubing with approved fittings may be
used for permanent connections of: small stationary.appliances such as.
radiant fires installed in fireplaces, etc. All fittings for wrought iron
or steel pipe (except stop cocks.or valves) shall be of best quality mall-
eable iron. Threads shall be in accordance°with the American Pipe Thread
Standard.
j. All piping, equipment and appliances shall be tested for tightness before
being used, either by a meter "turn -on" test, or an "air pressure" test,
as follows:
Meter '"turn -on" test: Allgasoutlets shall be closed and gas shall be
turned into the system and the hand on the test dial of the meter care-
fully watched to ascertain that no gas is passing through .the meter.
This test shall.be applied for a reasonable length of time, but in no
case for less than fifteen (15) minutes.
Air Pressure test: Air pressure of not less than three (3) pounds per
square inch above the atmospheric pressure shall be applied to the system
For a period ofnotless than ten (10) minutes. In case of concealed
piping, the air pressure test must be used, with pressure at not less
than six (6) pounds per square inch above atmospheric pressure.
All testing apparatus shall be furnished by the Installer. Piping
shall be completely roughed in and ready for testing prior to the
' time an inspection is requested.
SECTION 16. UNSAFE CONDITIONS: Whenever an inspection shall reveal a con-
dition unsafe to life or property, the City Gas Inspector shall notify the
consumer of what is necessary to correct the unsafe condition and shall not
permit gas to be turned on until all such conditions have been corrected,
remedied and made safe. The City Gas Inspector may make subsequent inspections
and tests of gas piping,: gas installations, and gas appliances when he believes,
or has reason to believe, that any appliance's piping or venting is in an unsafe
condition to life or property and the City Gas Inspector shall order the gas
utility to discontinue the supply of gas to any consumer when -any such condition
is found and until the same is remedied.
The consumer shall be responsible for the installations, appliances,
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apparatus and equipment on his side of -the point of delivery and for the natural
gas after it passes said point of delivery. The consumer assumes the duties of
having inspected his house piping, appliances, apparatus, equipment, chimmeys
and flues and every part thereof to see that the same are clean and in proper
working order. In the event the consumer finds the gas service to be defectives
he should immediately notify the utility to that effect.
SECTION 17. CONVERSION OF CONSUMER'S BUILDING OR STRUCTURE PIPING AND
APPLIANCES FROM BUTANE' PROPANE; OR OTHER LIQUIFIED PETROLEUM
GASES TO NATURAL GAS:
Before a natural gas supply is furnished by the utility to a -consumer ,
who has been previously using Butane, Propane, or other liquified
petroleum gases, the consumer shall secure a permit from the Inspector
-showing compliance with this Ordinance after an inspection shall have
been made by the Inspector of the piping and appliances on the con-
sumer's premises.
SECTION 18. PRESERVATION OF MONUMENTS: The gas company shall not disturb any
survey monuments or hubs found on the line of the improvements until ordered
to do so by the City Engineer. A penalty of Twenty -Five ($25.00) Dollars shall
be imposed for every monument or hub disturbed without such orders.
SECTION 19. DISPUTE BETWEEN GAS UTILITY AND CONSUMER: Whenever there shall
arise a dispute between a gas utility and a consumer relative to the safety
of any installation or appliance, the matter shall be referred to the City Gas
Inspector who shall examine the same or cause it to be examined and make final
determination thereon.
SECTION 20. FEES FOR INSPECTION: There shall be paid to the City Treasurer
for the making of each inspection by fhe City Gas Inspector of any gas piping,
gas installations, gas fixtures and appliances the following amounts:
For the first Appliance, Two Dollars and no/100ths Cents ($2.00);
and for each additional appliance after the first, Fifty Cents ($.50).
This fee shall be paid upon _taking out permit required hereinbefore.
SECTION 21. VIOLATIONS - PENALTY: Any person, firm.- company or corporation
violating any of the provisions of this Ordinance shall, upon.conviction
thereof, be punished by a fine of"not Iess than Ten Dollars ($10.00) nor more
than Three Hundred.Dollars ($300.00) or by imprisonment not more than ninety
(90) days, or by both such fine and imprisonment.
SECTION 22. All ordinances and parts of ordinances in conflict herewith are
hereby repealed.
SECTION 23. If any clause, sentence, paragraph, section or part of this
Or icy nance shall, for any reason, be adjudged by any court of competent juris-
diction to be invalid, inoperative or unconstitutional, such decision shall
not affect, impair or invalidate the remaining portions of this Ordinance, but
shall be'confined in.its operation to the clause, sentence, paragraph, section
or part thereof directly adjudged to be invalid and inoperative or unconstitu-
tional.
SECTION 24. In view of the construction of a natural gas pipe line to Kalispell,
Montana, and the planned installation and use by many persons and businesses in
the City of Kalispell in the immediate future, an emergency is hereby declared
to exist in the City of Kalispell -and this Ordinance is hereby declared to be
necessary for -the immediate preservation of the public peace, health and safety
and, therefore,, this Ordinance shall be in full force and effect from and after
its passage and approval.
Introduced and read this 6th day of March , 1962.
Finally passed and approved this 6th day of _ March , 1962.
ATTEST: H. J. Hunt
City Clerk
T. R.- Flynn
Mayor
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I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do hereby certify
that the within and foregoing is a full, true, correct and complete copy of
Ordinance No. 685 , passed at the regular meeting of the City Council of the
City of Kalispell, Montana, on the 6th day of March, 1962, and on the 7th day
of March, 1962, I posted a copy of the foregoing Ordinance in my office and the
same remained posted for a period of five days.
9A-Z,�
City Clerk of the City of Kalispell, Montana
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ORDINANCE NO. 686
AN ORDINANCE AMENDING SECTION 838 OF THE REVISED ORDINANCES OF 1947, CITY OF
KALISPELL, MONTANA, WHICH SECTION PROVIDES FOR LICENSES FOR A CARNIVAL, CIRCUS,
MENAGERIE, DOG SHOW, PONY SHOW OR TENT SHOW; REPEALING SECTIONS 841, 852 and
853 OF THE REVISED ORDINANCES OF 1947, CITY OF KALISPELL, MONTANA; DECLARING
AN EMERGENCY AND FIXING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
SECTION I. That Section 838 of the Revised Ordinances of 1947, City of
Kalispell, Montana be amended to read as follows: It shall be unlawful for
any carnival, circus, menagerie, dog show, pony show or tent show, traveling
from place to place, to exhibit or carry on, or conduct such show or shows in
the City of Kalispell, or within three miles beyond the limits of the City of
Kalispell, until the person, firm or corporation in charge of the same shall
have applied to the City Treasurer for a license therefor and such officer
shall have issued such license, for which there shall be paid a fee of Fifty
Dollars (50.00) for the first day's exhibition thereof, and Fifty Dollars
($50.00) for each subsequent day's exhibition thereof..
SECTION 2. That Section 841, 852 and 853 of the Revised Ordinances of 1947,
City of Kalispell, Montana, are hereby repealed.
' SECTION 3. That an emergency is hereby declared to exist and this Ordinance
shall be in full force and effect upon passage and approval.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, this 7th day
of May, 1962.
APPROVED by the Mayor of the City of Kalispell, Montana, this 7th day of
May, 1962.
T. R. Flynn
Mayor
ATTEST: H. J. Hunt
City Clerk
I, H. J. Hunt, City
Clerk of the City of Kalispell, Montana, do hereby certify
that on the 8th day
of May, 1962, I posted a copy of the
foregoing ordinance
in my office and the
same remained posted for a period of
five days and the
foregoing is a true
and correct copy of the ordinance as
passed by the City
Council.
City Clerk of the City of Kalispell, Montana