DOS-16-10-00012-E Electrical Bonding of Gas Piping, and Protection of Gas Piping Against Physical Damage

7/14/10 N.Y. St. Reg. DOS-16-10-00012-E

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 28

July 14, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

EMERGENCY RULE MAKING

 

I.D No. DOS-16-10-00012-E

Filing No. 694

Filing Date. Jun. 28, 2010

Effective Date. Jun. 28, 2010

Electrical Bonding of Gas Piping, and Protection of Gas Piping Against Physical Damage

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Addition of section 1220.1(d)(9), (10), (11) and (12); amendment of section 1224.1(b); and addition of section 1224.1(c)(2), (3) and (4) to Title 19 NYCRR.

Statutory authority:

Executive Law, sections 377 and 378

Finding of necessity for emergency rule:

Preservation of public safety.

Specific reasons underlying the finding of necessity:

At its meeting held on June 16, 2010, the State Fire Prevention and Building Code Council determined that adopting this rule on an emergency basis is necessary to preserve public safety by clarifying requirements for electrical bonding of gas piping, clarifying requirements for protection of gas piping against physical damage, and adding new requirements for installation of gas piping made of corrugated stainless steel tubing (CSST), which will increase protection against fires caused by lightning strikes in the vicinity of buildings equipped with CSST gas piping and fires caused by accidental punctures of CSST gas piping.

Subject:

Electrical bonding of gas piping, and protection of gas piping against physical damage.

Purpose:

To clarify requirements for electrical bonding of gas piping, to clarify requirements for protection of gas piping against physical damage, and to add new requirements for installation of gas piping made of corrugated stainless steel tubing (CSST).

Substance of emergency rule:

This rule amends several existing provisions in, and adds several new provisions to, the 2007 edition of the Residential Code of New York State (the "2007 RCNYS"), the publication which is incorporated by reference in 19 NYCRR Part 1220, and the 2007 edition of the Fuel Gas Code of new York State (the "2007 FGCNYS"), the publication which is incorporated by reference in 19 NYCRR Part 1224. The new and amended provisions in the 2007 RCNYS and 2007 FGCNYS:

(1) Clarify the situations in which a gas piping system that contains no corrugated stainless steel tubing ("CSST") will be considered to be "likely to become energized" and, therefore, required to be bonded to an effective ground-fault current path;

(2) Specify that a gas piping system that contains no CSST may be bonded in any manner described in Section E3509.7 of the 2007 RCNYS, in cases where the 2007 RCNYS applies, or in any manner described in Section 250.104(B) of NFPA 70-2005, in cases where the 2007 FGCNYS applies;

(3) Require gas piping systems that contain any CSST to be electrically continuous and bonded to the electrical service grounding electrode system at the point where the gas service enters the building or structure;

(4) Specify standards for the installation and bonding of CSST, including standards for the size of the bonding jumper, standards for bonding clamp, standards for the place and manner of attachment of the bonding clamp, and standards for separation of the CSST from other electrically conductive systems;

(5) Specify standards for protection of piping other than black or galvanized steel from physical damage, including standards for the types of shield plates to be used, standards for determining the location where shield plates are required, and additional standards for protection of piping made of CSST; and

(6) Clarify the situations in which section E3509.7 in the RCNYS (entitled "Bonding other metal piping") will apply.

This rule also provides that the 2005 edition of standard NFPA 70, entitled "National Electrical Code" shall be deemed to be one of the standards incorporated by reference into 19 NYCRR Part 1224.

This notice is intended

to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. DOS-16-10-00012-EP, Issue of April 21, 2010. The emergency rule will expire August 26, 2010.

Text of rule and any required statements and analyses may be obtained from:

Joseph Ball, Department of State, 99 Washington Ave., Albany, NY 12231-0001, [phone], email: [e-mail]

Summary of Regulatory Impact Statement

1. STATUTORY AUTHORITY.

Executive Law section 377(1) authorizes the State Fire Prevention and Building Code Council to periodically amend the provisions of the New York State Uniform Fire Prevention and Building Code ("Uniform Code").

Executive Law section 378(1) directs that the Uniform Code shall address standards for safety and sanitary conditions.

2. LEGISLATIVE OBJECTIVES.

Executive Law section 371(2) provides that it is the public policy of the State of New York to provide for the promulgation of a uniform code addressing building construction and fire prevention in order to provide a basic minimum level of protection to all people of the state from hazards of fire and inadequate building construction.

The Legislative objectives sought to be achieved by this rule are to provide uniform requirements for the installation of gas piping made of corrugated stainless steel tubing (CSST); to reconcile inconsistencies among the installation instructions provided by CSST manufacturers; to require extra protective measures in all cases where CSST is used; to prohibit certain practices which may reduce the effectiveness of the electrical bonding of CSST piping; to require the use of shield plates whenever gas piping made of any material other than black or galvanized steel is installed through a hole or notch in a wood stud, joist, rafter or similar member less than 1.75 inches from the nearest edge of such member; and to provide a basic minimum level of protection to all people of the state from the hazard of fires caused by punctures of gas piping made of material other than black or galvanized steel.

3. NEEDS AND BENEFITS.

CSST piping can be punctured by nails and other fasteners driven into walls containing concealed CSST piping. It can also be punctured when arcing of electrical currents from a nearby lightening strike burns a hole in the wall of the piping.

CSST manufacturers have provided installation instructions that require (1) the use of shield plates and other means of protecting CSST from the puncturing caused by nails and other fasteners driven into walls containing concealed CSST piping and (2) electrical bonding of CSST piping to protect against the puncturing caused by the lightning-induced current and arcing phenomena. However, the manufacturers' installation instructions are not uniformly consistent with each other.

The Uniform Code currently requires that materials such as CSST piping be installed in accordance with manufacturer's instructions. The purposes of this rule are to provide uniform requirements for the installation of CSST piping and, by doing so, to reconcile inconsistencies among the installation instructions provided by CSST manufacturers; to require certain extra protective measures which are called for by some, but not all, of such installation instructions; to prohibit certain practices which may reduce the effectiveness of the electrical bonding of CSST piping and which are prohibited by some, but not all, of such installation instructions; and to provide a basic minimum level of protection to all people of the state from the hazard of fires caused by the puncturing of CSST gas piping.

Gas piping made of other materials other than black or galvanized steel (such as copper, brass or aluminum-alloy pipe or copper, brass or aluminum tubing) can also be punctured by nails and other fasteners driven into walls containing concealed gas piping. The Uniform Code currently requires the use of shield plates to protect non-steel gas piping when it is installed through a hole or notch in a wood stud, joist, rafter or similar member less than 1 inch from the nearest edge of such member. This rule will require the use of shield plates whenever non-steel gas piping is installed through a hole or notch in a wood stud, joist, rafter or similar member less than 1.75 inches from the nearest edge of such member, which will decrease the instances where a nail or other fastener driven into an unprotected member, and penetrating that member by more than 1 inch, will puncture concealed non-steel gas piping.

The report or study that served as a basis for this rule is Corrugated Stainless Steel Tubing for Gas Distribution in Buildings and Concerns Over Lightning Strikes, dated August 2007, published by The NAHB Research Center, Inc., which is summarized as follows: "In the case of proximity lightning, a high voltage can be induced in metallic piping that may cause arcing; and for CSST there is concern that arcing may cause perforation of the CSST wall and therefore cause gas leakage. The fuel gas code, electric code, plumbing code, product standards, and manufacturer installation instructions have different methods of providing dissipation of electrical energy through techniques called bonding and grounding. Since the codes, product standards, and installation requirements are not harmonized, builders and contractors may find differing and possibly conflicting requirements. Generally, the local jurisdiction having authority and code official will rely upon the manufacturer's installation recommendations in lieu of other requirements."

This report was used to determine the necessity for and benefits derived from this rule in the following manner: CSST manufacturers have always required that CSST systems be bonded to the electrical system in accordance with the local codes. Based on this report, the bonding methods prescribed within such local codes are minimum requirements and are designed to protect the consumer against ground-faults from the premise wiring system only. The intent of this rule is to harmonize the requirements for bonding of metallic piping while providing protection from proximity lightning strikes.

4. COSTS.

The initial capital costs of complying with the rule will include the cost of purchasing and installing the bonding jumpers and clamps, shield plates and protective metal piping required by the rule.

The Department of State ("DOS") estimates the cost of the bonding jumper required in a typical installation to be between $200 and $300; the cost of the clamp and 4-inch section of schedule 40 pipe (including the cost of installing the clamp and pipe section) to be $31; the cost of purchasing and installing the shield plates required in a typical installation to be between $15.50 and $77.50; and the cost of the protective metal pipe required in a typical installation to be $135.50. Based on the foregoing, DOS estimates that the cost of the clamp, bonding jumper, section of schedule 40 pipe, shield plates and protective metal pipe in a typical installation will be between $382 and $544. However:

(1) The installation instructions provided by each of the major CSST manufacturers already require the use of the same bonding jumper required by this rule; accordingly, with regard to the use of bonding jumper, this rule adds no new requirement and no new cost.

(2) Attaching the bonding jumper to the brass hexagonal nut on the CSST fitting is "unlisted," and this method of clamping could decrease the effectiveness of the electrical bonding of the CSST gas piping, which would reduce the protection that the bonding requirement is intended to provide. In this context, the extra cost ($31) is negligible.

(3) The failure to use shield plates and/or protective metal pipe in all situations specified in this rule could increase the chances that non-steel gas piping will be punctured by nails driven into walls that contain concealed gas piping. In this context, the extra cost ($15.50 per shield plate, $13.55 per linear foot of protective piping) is viewed as negligible.

(4) CSST piping, even if not physically constrained, can be punctured by a nail driven by a power nail gun. In light of the almost universal use of power nail guns and other similar devices on construction sites, it is the opinion of DOS that failure to require the use of shield plates and/or protective metal pipe to protect CSST gas piping running parallel to, and within 1.75 inches of, a stud, joist, rafter or other member will increase the chances that such CSST gas piping will be punctured. In this context, the extra cost ($15.50 per shield plate, $13.55 per linear foot of protective piping) is viewed as negligible.

Compliance with this rule will occur when gas piping is initially installed; therefore, it is anticipated that there will be no annual costs of complying with the rule.

There are no costs to DOS for the implementation of this rule. DOS is not required to develop any additional regulations or develop any programs to implement this rule.

There are no costs to the State of New York or to local governments for the implementation of this rule, except as follows:

First, if the State or any local government constructs a building equipped with non-steel gas piping, or installs any such piping in an existing building, the State or such local government, as the case may be, will be required to bond the piping (in the case of CSST piping) and protect the piping from physical damage in the manner required by this rule.

Second, the authorities responsible for administering and enforcing the Uniform Code will have additional items to verify in the process of reviewing building permit applications, conducting construction inspections, and (where applicable) conducting periodic fire safety and property maintenance inspections. It is anticipated that verifying compliance with this rule will add only a negligible amount to the already existing duties associated with reviewing permit applications and conducting inspections.

5. PAPERWORK.

This rule will not impose any new reporting requirements. No new forms or other paperwork will be required as a result of this rule.

6. LOCAL GOVERNMENT MANDATES.

This rule will not impose any new program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district, except as follows:

First, any county, city, town, village, school district, fire district or other special district that constructs a building equipped with n-n-steel gas piping, or installs any such piping in an existing building, will be required to comply with the electrical bonding and physical protection provisions amended and/or added by this rule.

Second, most cities, towns and villages, and some counties, are responsible for administering and enforcing the Uniform Code; since this rule amends provisions in the Uniform Code, the aforementioned local governments will be responsible for administering and enforcing the requirements of the rule along with all other provisions of the Uniform Code. It is anticipated that verifying compliance with this rule will add only a negligible amount to the already existing duties associated with reviewing permit applications and conducting inspections.

The rule does not otherwise impose any new program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district.

7. DUPLICATION.

The rule does not duplicate any existing Federal or State requirement.

8. ALTERNATIVES.

The alternative of making no change to the Uniform Code provisions relating to electrical bonding and physical protection of gas piping was considered. However, it was determined that the existing provisions of the Uniform Code could be construed as permitting inadequate electrical bonding and inadequate physical shielding of gas piping, particularly in the case of gas piping made of CSST. Therefore, this alternative was rejected.

The alternative of banning the use of CSST was considered. However, the weight of expert opinion appears to be that with appropriate bonding, CSST can be as safe from lightning damage as non-CSST metal piping, and that the principal concerns about the use of CSST piping (viz., puncturing of CSST gas piping caused by electrical arcing induced by lightning strikes in the vicinity of buildings equipped with CSST or by nails or other fasteners driven into walls containing concealed CSST gas piping) could be adequately addressed by the increased electrical bonding and physical protection requirements to be added by this rule. Therefore, this alternative was rejected.

9. FEDERAL STANDARDS.

There are no standards of the Federal Government which address the subject matter of the rule.

10. COMPLIANCE SCHEDULE.

Regulated persons will be able to achieve compliance with this rule in the normal course of operations, either as part of the installation or construction of a new building or the renovation of an existing building.

Summary of Regulatory Flexibility Analysis

1. EFFECT OF RULE:

This rule amends provisions in the Uniform Fire Prevention and Building Code ("Uniform Code"). The amended provisions add new requirements for installation and electrical bonding of gas piping made from corrugated stainless steel tubing (CSST), and for protection of gas piping made of any material other than black or galvanized steel against physical damage. Specifically, in a case where gas piping made of CSST is installed, this rule will (1) require the electrical bonding of CSST gas piping to the building's grounding electrode system; (2) prohibit certain practices which may reduce the effectiveness of the electrical bonding of CSST piping, such as using the brass hexagonal nut on the CSST fitting as the attachment point for the bonding jumper; and (3) require certain protective measures, such as using strike plates or other protective coverings, in certain situations where CSST gas piping runs parallel to, a stud, joist, rafter or similar member. Additionally, in a case where gas piping made of CSST or any other material other than black or galvanized steel is installed, this rule will require the use of strike plates in situations where the gas piping passes through a stud, joist, rafter or similar member and is within 1.75 inches of the edge of such member (the Uniform Code currently requires the use of strike plates only where the non-steel gas piping is located within 1 inch of the edge of the member). Any small business or local government that constructs a building equipped with gas piping made of CSST (or any other material other than black or galvanized steel), or that installs any such gas piping in an existing building, will be affected by this rule. Small businesses that manufacture, sell or install gas piping, bonding jumpers, bonding clamps, shield plates, and other related equipment may also be affected by this rule.

Since this rule amends provisions in the Uniform Code, each local government that is responsible for administering and enforcing the Uniform Code will be affected by this rule. The Department of State (DOS) estimates that approximately 1,604 local governments (mostly cities, towns and villages, as well as several counties) are responsible for administering and enforcing the Uniform Code.

2. COMPLIANCE REQUIREMENTS:

No reporting or recordkeeping requirements are imposed upon regulated parties by the rule. Small businesses and local governments subject to the rule will be required to install gas piping in accordance with the rule's provisions. In most cases, the local government responsible for administering and enforcing the Uniform Code will be required to consider the requirements of this rule when reviewing plans and inspecting work.

3. PROFESSIONAL SERVICES:

No professional services will be required to comply with the rule.

4. COMPLIANCE COSTS:

When gas piping made of CSST is installed, this rule will require the use of a bonding jumper, a bonding clamp, and shield plates and/or protective metal pipe. DOS estimates the costs in a typical installation to be:

(1) approximately 30 to 50 feet of bonding jumper, at $6.00 per foot: $200 to $300.

(2) clamp and 4-inch section of schedule 40 pipe (including the cost of installing the clamp and pipe section): $31.

(3) 1 to 5 shield plates, at a cost (including the cost of installation) of $15.50 per shield plate: $15.50 and $77.50.

(4) approximately 10 linear feet or protective metal pipe (schedule 40 steel or iron pipe), at a cost (including the cost of installation) of $13.55 per linear foot: $135.50.

Based on the foregoing, DOS estimates that in the case of a typical installation of gas piping made of CSST, the cost of the clamp, bonding jumper, section of schedule 40 pipe, shield plates and protective metal pipe required by this rule will be between $200 and $530. However:

(1) The installation instructions provided by each of the major CSST manufacturers already require the use of the same bonding jumper required by this rule; accordingly, with regard to the use of bonding jumper, this rule adds no new requirement and no new cost.

(2) The installation instructions provided by two of the four major CSST manufacturers permit attaching the bonding jumper to the brass hexagonal nut on the CSST fitting, and do not require the clamp and 4-inch section of schedule 40 pipe required by this rule. In the case of installation of CSST piping made by either of the two manufacturers whose installation instructions permit attaching the bonding jumper to the brass hexagonal nut, this rule may be viewed as adding a new requirement (use of the clamp and 4-inch section of schedule 40 pipe) and as adding an additional cost (estimated to be $31). However, attaching the bonding jumper to the brass hexagonal nut on the CSST fitting is not "listed" and, in the opinion of DOS, this method of clamping could decrease the effectiveness of the electrical bonding of the CSST gas piping which, in turn, could reduce the protection that the bonding requirement is intended to provide. In this context, the extra cost ($31) is viewed as negligible.

(3) The installation instructions provided by each of the four major CSST manufacturers already require the use of shield plates and/or protective metal pipe in places where CSST piping passes through holes or notches in wood studs, joists or rafters. However, the installation instructions provided by three of the four major manufacturers do not require the use of shield plates and/or protective metal pipe in all situations specified in this rule. In the case of installation of CSST piping made by any of the three manufacturers whose installation instructions do not require the use of shield plates and/or protective metal pipe in all situations specified in this rule, this rule may be viewed as adding a new requirement (the use of shield plates or protective metal pipe in situations where neither method of protection would have been required by the manufacturer's installation instructions) and as adding an additional cost (the cost of installing the additional shield plates or protective metal pipe). Additionally, where gas piping made of CSST or copper, brass or aluminum tubing is installed, this rule will require the use of shield plates where such piping is within 1.75 inches, rather than 1 inch, of the edge of a stud, rafter, joist or other member. However, in the opinion of DOS, the failure to use shield plates and/or protective metal pipe in all situations specified in this rule will increase the chances that gas piping made of CSST, or copper, brass or aluminum tubing will be punctured by nails driven into walls that contain concealed gas piping. In this context, the extra cost ($15.50 per shield plate, $13.55 per linear foot of protective piping) is viewed as negligible.

Compliance with this rule will occur when gas piping is initially installed; therefore, it is anticipated that there will be no annual costs of complying with the rule.

Any variation in costs of complying with this rule for different types or sizes of small businesses and local governments will be attributable to the size and configuration of the gas piping installed by such entities, and not to nature or type or sizes of such small businesses and local governments. To the extent that larger businesses and larger local governments may tend to own larger buildings, or more than one building, the total costs of compliance would be higher for larger businesses and larger local governments.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

It is economically and technologically feasible for regulated parties to comply with the rule. This rule imposes no substantial capital expenditures. No new technology need be developed for compliance with this rule.

6. MINIMIZING ADVERSE IMPACT:

The economic impact of this rule on small businesses and local governments will be no greater than the economic impact of this rule on other regulated parties, and the ability of small businesses and local governments to comply with the requirements of this rule should be no less than the ability of other regulated parties to comply. Providing exemptions from coverage by the rule was not considered because such exemptions would endanger public safety.

7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:

DOS notified interested parties throughout the State of proposed text of this rule by posting a notice on the Department's website, and publishing a notice in Building New York, an electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by DOS and which is currently distributed to approximately 7,000 subscribers, including local governments, design professionals and others involved in all aspects of the construction industry.

In addition, DOS held three conference calls, open to the public, specifically devoted to developing proposed code text involving CSST. Participants in the conference calls included members of the Code Council's Plumbing, Mechanical and Fuel Gas Technical Subcommittee, representatives of CSST manufacturers, and local government representatives. DOS also participated in several meetings on this topic, including a meeting with local fire official and electrical inspectors held on June 26, 2007 in East Meadow, NY, and a meeting with code officials, plumbing inspectors, a utility company representative and a CSST manufacturer representative held on January 21, 2009 in Hicksville, NY. Finally, speakers provided comments at the Code Council meetings where earlier versions of this rule were considered for adoption by the Code Council as emergency rules. Comments received in the conference calls, meetings, and Code Council meetings described above include:

(1) A comment suggesting that all metal gas piping, and not just CSST piping, should be subject to the bonding requirements. This alternative has not been incorporated into the proposed rule, because the data available at this time do not support the need for more robust bonding of gas piping made of material other than CSST.

(2) A comment suggesting that non-CSST metal piping should be considered to be bonded when it is connected to appliances that are connected to the appliance grounding conductor of the circuit supplying that appliance. This alternative is reflected in the proposed rule. This rule continues the existing rule regarding the circumstances under which non-CSST gas piping is considered to be "bonded."

(3) A comment suggesting changes to the wording of the proposed rule, to clarify its intent. These alternatives have been incorporated, in whole or in substantial part, into the proposed rule.

(4) A comment suggesting that earlier versions of the proposed rule may have confused the concept of bonding with grounding. DOS believes that the current version of the proposed rule eliminates any such confusion.

(5) A comment suggesting that it is inappropriate to attempt to address concerns about lightning damage to CSST by requiring bonding of CSST systems, since that shifts responsibility from CSST manufacturers to electrical inspectors. DOS believes that the weight of expert opinion is that with appropriate bonding, CSST can be as safe from lightning damage as non-CSST metal piping, and that given a choice between banning the use of CSST or permitting its use but requiring that it be bonded, the better choice is to permit its use and require that it be bonded. The alternative of banning the use of CSST was considered. However, it was determined that the principal concerns about the use of CSST piping (viz., puncturing of CSST gas piping caused by electrical arcing induced by lightning strikes in the vicinity of buildings equipped with CSST or by nails or other fasteners driven into walls containing concealed CSST gas piping) could be adequately addressed by the increased electrical bonding and physical protection requirements to be added by this rule. Therefore, this alternative was rejected.

DOS has posted the full text of this rule on its website.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS.

This rule amends provisions in the Uniform Fire Prevention and Building Code ("Uniform Code"). The amended provisions add new requirements for installation and electrical bonding of gas piping made from corrugated stainless steel tubing (CSST), and for protection of gas piping made of CSST, or any material other than black or galvanized steel, against physical damage. Since the Uniform Code applies in all areas of the State (other than New York City), this rule will apply in all rural areas of the State.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS.

The rule will not impose any reporting or recordkeeping requirements.

The rule will add new requirements relating to the installation and electrical bonding of gas piping made of CSST, and new requirements relating to protection of gas piping made of CSST (or any other material other than black or galvanized steel) against physical damage. No professional services are likely to be needed in a rural area in order to comply with such requirements.

3. COMPLIANCE COSTS.

The initial capital costs of complying with the rule will include the cost of purchasing and installing the bonding jumpers and clamps, shield plates and protective metal piping required by the rule.

When gas piping made of CSST is installed, this rule will require the use of a bonding jumper, a bonding clamp, and shield plates and/or protective metal pipe.

The Department of State estimates the cost of the bonding jumper required by this rule in most situations (6 AWG copper wire) to be $ 6.00 per foot. In a typical installation, approximately 30 to 50 feet of bonding jumper may be required. Therefore, the Department of State estimates that the cost of bonding jumper required in a typical installation to be between $200 and $300.

The Department of State estimates the cost of the clamp and 4" section of schedule 40 pipe, when required by this rule, (including the cost of installing the clamp and pipe section) to be $31.

The Department of State estimates the cost of the shield plates required by this rule (including the cost of installing the shield plates) to be $15.50 per shield plate. In a typical installation, approximately 1 to 5 shield plates may be required. Therefore, the Department of State estimates that the cost of shield plates required in a typical installation to be between $15.50 and $77.50.

The Department of State estimates the cost of the protective metal pipe (schedule 40 steel or iron pipe) required in certain instances by this rule (including the cost of installation) to be $13.55 per linear foot. In a typical installation, approximately 10 linear feet of protective metal pipe may be required. Therefore, the Department of State estimates that the cost of protective metal pipe required in a typical installation to be $130.55.

Based on the foregoing, the Department of State estimates that in the case of a typical installation of gas piping made of CSST, the cost of the clamp, bonding jumper, section of schedule 40 pipe, shield plates and protective metal pipe required by this rule will be between $200 and $530.

It should be noted, however, that in most cases, the bonding jumper, clamp, and shield plates required by this rule are also required by the CSST manufacturer's installation instructions. Accordingly, these materials would be required even in the absence of this rule, and this rule has little actual impact on the cost of installing CSST piping.

Additionally, in the case of installation of gas piping made of copper, brass or aluminum tubing, this rule may be viewed as adding a new requirement (using shield plates where such tubing is within 1.75 inches, rather than 1 inch, of the edge of a stud, rafter, joist or other member) and as adding an additional cost (the cost of installing shield plates in areas where the tubing is more than 1 inch, but less than 1.75 inches, from the edge of a stud, rafter, joist or other member). As noted above, the Department of State estimates the cost of shield plates required in a typical installation to be between $15.50 and $77.50.

Compliance with this rule will occur when gas piping or is initially installed; therefore, it is anticipated that there will be no annual costs of complying with the rule. Any variation in costs of complying with this rule for different types of public and private entities in rural areas will be attributable to the size and configuration of the gas piping installed by such entities, and not to nature or type of such entities or to the location of such entities in rural areas.

4. MINIMIZING ADVERSE IMPACT.

The economic impact of this rule in rural areas will be no greater than the economic impact of this rule in non rural areas, and the ability of individuals or public or private entities located in rural areas to comply with the requirements of this rule should be no less than the ability of individuals or public or private entities located in non-rural areas. Providing exemptions from coverage by the rule was not considered because such exemptions would endanger public safety.

5. RURAL AREA PARTICIPATION.

The Department of State notified interested parties throughout the State of proposed text of this rule by posting a notice on the Department's website, and publishing a notice in Building New York, an electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and which is currently distributed to approximately 7,000 subscribers, including local governments, design professionals and others involved in all aspects of the construction industry in all areas of the State, including rural areas.

In addition, the Department of State held three conference calls, open to the public, specifically devoted to developing proposed code text involving CSST. Participants in the conference calls included members of the Code Council's Plumbing, Mechanical and Fuel Gas Technical Subcommittee, representatives of CSST manufacturers, and local government representatives. The Department of State also participated in several meetings on this topic, including a meeting with local fire official and electrical inspectors held on June 26, 2007 in East Meadow, NY, and a meeting with code officials, plumbing inspectors, a utility company representative and a CSST manufacturer representative held on January 21, 2009 in Hicksville, NY. Finally, speakers provided comments at the Code Council meetings where earlier versions of this rule were considered for adoption by the Code Council as emergency rules. Comments received in the conference calls, meetings, and Code Council meetings described above included:

(1) a suggestion that all metal gas piping, and not just CSST piping, should be subject to the bonding requirements, since all metal piping could be susceptible to damage from nearby lightning strikes (this suggestion has been incorporated into the proposed rule);

(2) a suggestion that non-CSST metal piping should be considered to be bonded when it is connected to appliances that are connected to the appliance grounding conductor of the circuit supplying that appliance (this suggestion was not incorporated into the proposed rule);

(3) suggested changes to the wording of the proposed rule, to clarify its intent (these suggestions have been incorporated, in whole or in substantial part, into the proposed rule);

(4) a suggestion that earlier versions of the proposed rule may have confused the concept of bonding with grounding (the Department of State believes that the current version of the proposed rule eliminates any such confusion); and

(5) a suggestion that it is inappropriate to attempt to address concerns about lightning damage to CSST by requiring bonding of CSST systems, since that shifts responsibility from CSST manufacturers to electrical inspectors (the Department of State believes that the weight of expert opinion is that with appropriate bonding, CSST can be as safe from lightning damage as non-CSST metal piping, and that given a choice between banning the use of CSST or permitting its use but requiring that it be bonded, the better choice is to permit its use and require that it be bonded).

The Department of State has posted the full text of this rule on the Department's website.

Job Impact Statement

The Department of State has concluded after reviewing the nature and purpose of the rule that it will not have a "substantial adverse impact on jobs and employment opportunities" (as that term is defined in section 201-a of the State Administrative Procedures Act) in New York.

The rule adds new paragraphs (9), (10), (11), and (12) to subdivision (d) of section 1220.1, amends subdivision (b) of section 1224.1, and adds new paragraphs (2), (3), and (4) to subdivision (c) to section 1224.1 of Title 19 NYCRR. New paragraphs (9), (10), (11), and (12) of subdivision (d) of section 1220.1 and new paragraphs (2), (3), and (4) of subdivision (c) of section 1224.1 will clarify requirements in the Uniform Fire Prevention and Building Code ("Uniform Code") relating to electrical bonding of gas piping and protection of gas piping against physical damage, and will add new requirements relating to installation of gas piping made of corrugated stainless steel tubing (CSST).

It is anticipated that builders will be able to comply with the electrical bonding and physical protection requirements, as clarified and added by this rule, by using equipment that is currently available and techniques that are currently known. It is also anticipated that any increase costs of compliance resulting from this rule will be negligible. Therefore, it is anticipated that this rule will have no significant adverse impact on jobs or employment opportunities in the building industry, or in businesses that manufacture or install gas piping, other metal piping, or CSST piping.