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

9/29/10 N.Y. St. Reg. DOS-16-10-00012-A

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 39

September 29, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

NOTICE OF ADOPTION

 

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

Filing No. 951

Filing Date. Sept. 14, 2010

Effective Date. Sept. 29, 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

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 final 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;

(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.

Final rule as compared with last published rule:

Nonsubstantive changes were made in sections 1220.1(d)(10) and 1224.1(c)(3).

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

Raymond J. Andrews, New York State Department of State, 99 Washington Ave., Albany, NY 12231-0001, [phone], email: [e-mail]

Additional matter required by statute:

The Code Council found and determined that making this rule, and the changes to the Uniform Code to be implemented by this rule, effective immediately upon the publication of the Notice of Adoption in the State Register is required to preserve public safety and to protect health, safety and security 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.

Revised Regulatory Impact Statement

Changes made to the rule text since the publication of the Notice of Proposed Rule Making are as follows: The rule text was revised to remove the requirement that the bonding clamp be located inside the building, and to replace the requirement that the bonding clamp be located as close as practicable to the point where the gas service enters the building with a requirement that the bonding clamp be located as close as practicable to the point where the bonding jumper is connected to the electrical service grounding electrode system.

None of the changes affects the issues addressed in the Regulatory Impact Statement and, therefore, a Revised Regulatory Impact Statement is not required.

Revised Regulatory Flexibility Analysis

The changes made to the rule text since the publication of the Notice of Proposed Rule Making are described in the annexed document entitled “Statement Explaining Why Revised Regulatory Impact Statement is not Required.”

None of the changes affects the issues addressed in the Regulatory Flexibility Analysis for Small Businesses and Local Governments and, therefore, a Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required.

Revised Rural Area Flexibility Analysis

The changes made to the rule text since the publication of the Notice of Proposed Rule Making are described in the annexed document entitled “Statement Explaining Why Revised Regulatory Impact Statement is Not Required.”

None of the changes affects the issues addressed in the Rural Area Flexibility Analysis and, therefore, a Revised Rural Area Flexibility Analysis is not required.

Revised 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.

Assessment of Public Comment

Comment 1: A comment was received indicating that the rule may prohibit or limit the use of corrugated stainless steel tubing (CSST) outdoors. The party making this comment noted that CSST is listed for outdoor use in accordance with performance requirements contained within Sections 1.1.2; 1.8(n); and 2.14 of the listing standard ANSI LC-1 (2005).

Response to Comment 1: Neither the existing provisions of the Uniform Code nor the provisions of this rule expressly prohibit the use of CSST outdoors. However, this rule does require (1) that gas pipe systems that contain CSST be bonded at a point which is inside the building and (2) that the bonding clamp be located as close as practicable to the point where the gas service enters the building. These requirements may be construed as limiting the ability to use CSST outdoors. Based on (1) this comment and other comments received by the Codes Division, (2) the manufacturers' installation instructions and (3) the applicable listing standard, installing CSST and the required bonding clamp and bonding jumper either indoors or outdoors is acceptable.

In addition, Codes Division has received comments indicating that the length of the bonding jumper should be kept as short as practicable. The requirement that the bonding clamp be located as close as practicable to the point where the service enters the building was based on the assumption that such location would result in the shortest bonding jumper length. However, that is not always true.

Accordingly, the rule is revised by (1) removing the requirement that the bonding clamp be located inside the building and (2) replacing the requirement that the bonding clamp be located as close as practicable to the point where the gas service enters the building with a requirement that the bonding clamp be located as close as practicable to the point where the bonding jumper is connected to the electrical service grounding electrode system.

Comment 2: A comment was received indicating that the requirements for bonding CSST to be added to the Residential Code of New York State (Section 2411) and the Fuel Gas Code of New York State (Section 310) should be revised by adding additional provisions which would eliminate or modify the bonding requirements in a case where a specific product, which is listed by ICC ES-PMG 1058, is used. The party making this comment asserts that the product "has proven to be effective in the field" and should be "considered to be bonded where it is connected to the appliances that are connected to the equipment grounding conductor of the circuit supplying that appliance."

Response to Comment 2: The Department of State believes that the information submitted in support of this comment is not sufficient to justify making the change recommended by this comment at this time. The Department of State will attempt to obtain additional information that may support elimination or modification of the bonding requirements when a CSST product of the type described in this comment is used. If the Department of State obtains additional information that supports an elimination or modification of such requirements, the Department of State and the Code Council will consider proposing a new rule making to make such change(s).