TEMPORARY RULE-MAKING FINDINGS OF NEED - NCDOI
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TEMPORARY RULE-MAKING FINDINGSOF NEED [Authority G.S.l508-21.11 OAH USE ONLY VOLUME: ISSUE: l. Rule-Making Agency: NCBuilding Code Councit 2. Rule citation & name: 2009 NCFuel Gas Code, Section 406.7, Purging of gaspiping. 3. Action: LlAdoption |XJ Amendment [-l Repeal 4. Wasthis an Emergency Rule: Effective date: October 15.2009 lXlYes Ino 5. Provide dates for the following actions as applicable: a. ProposedTemporary Rule submitted to OAH: October 6, 2009 b. ProposedTemporary Rule published on the OAH websit€! October 12,ZOO1 c. Public Hearing date: December 7,2009 d. Comment Period: January 2,2010 e. Notice pursuant to G.S. 150B-2t.1(a3)(2): octouer 15, 2oo9 f. Adoption by agency on: Juns 1s,20i0 g. Proposedeffective date of temporary rule [if other than effective date establishedby G.S. 150B- 21.1(b) and G.S. l50B2l.3l: Juty23,2e10 h. Rule approved by RRC as a permanent rule: November 18,2010 6. Reason for Temporary Action. Affach a copy of any cited law, regulation, or document necessary for the review. B ,C, serious and unforeseen threat to the public health, safety or welfare. n The effective date of a recent act of the General Assembly or of the U.S. Congress. Cite: Effective date: t] A recent change in federal or state budgetary policy. Effective date of change: I I recent federal regulation. Cite: Effective date: f] n recentcourtorder. Cite order: D State Medical Facilities Plan. I ottt".t Explain: This amendmentis in responseto an inadequateperformanceprocedureprescribedin the NC Fuel Gas Code. Subsequentto an investigation by the US Chemical Safety Board followingan explosionat the ConAgra Plant in the spring of 2009, it was determinedthat the procedureallowing a gas line to be purged within a buildingcould lead to another accident before the PermanentRule is completed. In short, the Code allows a technicianto determinethe amount of Naturalor LP gas within a building by sense of smell. The new language requires equipment to detect the dangerous concentration of gas within the enclosed space. The odorant added to the gas was intendedto determinethe presence,not the concentration of the gas.
Transcript of TEMPORARY RULE-MAKING FINDINGS OF NEED - NCDOI
TEMPORARY RULE-MAKINGFINDINGS OF NEED
[Authority G.S. l508-21.11
OAH USE ONLY
VOLUME:
ISSUE:
l. Rule-Making Agency:
NC Building Code Councit
2. Rule citation & name:2009 NC Fuel Gas Code, Section 406.7, Purging of gas piping.
3. Action: LlAdoption |XJ Amendment [-l Repeal
4. Was this an Emergency Rule: Effective date: October 15.2009lXlYesI n o
5. Provide dates for the following actions as applicable:
a. Proposed Temporary Rule submitted to OAH: October 6, 2009
b. Proposed Temporary Rule published on the OAH websit€! October 12,ZOO1
c. Public Hearing date: December 7,2009
d. Comment Period: January 2,2010
e. Notice pursuant to G.S. 150B-2t.1(a3)(2): octouer 15, 2oo9
f. Adoption by agency on: Juns 1s,20i0
g. Proposed effective date of temporary rule [if other than effective date established by G.S. 150B- 21.1(b)and G.S. l50B2l.3l: Juty23,2e10
h. Rule approved by RRC as a permanent rule: November 18,2010
6. Reason for Temporary Action. Affach a copy of any cited law, regulation, or document necessary for the review.
B ,C, serious and unforeseen threat to the public health, safety or welfare.n The effective date of a recent act of the General Assembly or of the U.S. Congress.
Cite:Effective date:
t] A recent change in federal or state budgetary policy.Effective date of change:
I I recent federal regulation.Cite:Effective date:
f] n recentcourtorder.Cite order:
D State Medical Facilities Plan.I ottt".t
Explain:This amendment is in response to an inadequate performance procedure prescribed in the NC Fuel Gas Code. Subsequent to an investigation by theUS Chemical Safety Board following an explosion at the ConAgra Plant in the spring of 2009, it was determined that the procedure allowing a gas lineto be purged within a building could lead to another accident before the Permanent Rule is completed.
In short, the Code allows a technician to determine the amount of Natural or LP gas within a building by sense of smell. The new language requiresequipment to detect the dangerous concentration of gas within the enclosed space. The odorant added to the gas was intended to determine thepresence, not the concentration of the gas.
7. Why is adherence to notice and hearing requirements contrary to the public interest and the immediate adoption of therule is required?Technicians and Code Officials using the Code for safe guidelines to purge a gas line inside a building could allow a dangerous concentration ofNatural or LP gas before an explosion can occur. There are factors that can mask or dilute the odorant making the sense of smell alone a poormeasure of gas mncentration.
The notice and text has been posted on the NCDOI website at the following link.
http://www.ncdoi.com/OSFM/Engineering/BCC/engineering_bcc_temp_rules.asp
8.
nRule establishes or increases a fee? (See G.S. l2-3.1)
YesAgency submitted request for consultation on:Consultation not required. Cite authority:
Nox9. Rule-making Coordinator:Barry Gupton, PEPhone: 919-661-5880 x 232
E-Mail: [email protected]
10. Signature of Agency Head*:
/ l ' ) .//?-r'r'hg-.-"
* Ifthis function has been delegated (reassigned) pursuantto G.S. t43810(a), submit a copy of the delegation with thform.Typed Name: Dan Tingen, Chair
Title: NC Building Code Council
Agency contact, if any: Barry Gupton, pE
Phone: 919-661-5880 x 232
E-Mail: [email protected]
Action taken:
fl oate retumed to agency:
Submitted for RRC Review:
