PUBLIC PROTECTION CABINET

Department of Housing, Buildings and Construction

Division of Plumbing

(Amendment)

 

      815 KAR 20:195. Medical gas piping installations.

 

      RELATES TO: KRS 198B.050, 318.010, 318.134

      STATUTORY AUTHORITY: KRS 198B.050(2), (5), 318.130, 318.134(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.134(3) requires the department to establish a reasonable schedule of fees and charges to be paid for plumbing installation permits and the necessary inspections incident thereto. KRS 318.130 authorizes the department to promulgate a reasonable rule or administrative regulation to administer the provisions of KRS Chapter 318. This administrative regulation establishes the requirements for medical gas piping installation.

 

      Section 1. Definitions. (1) "Health care facility" means a hospital, nursing home, limited care facility, clinic, ambulatory care center, or office practice medical or dental office as defined in NFPA 99C.

      (2) "Medical gas piping" means a permanent fixed piping system in a health care facility that is used to convey oxygen, nitrous oxide, nitrogen, carbon dioxide, helium, medical air, and mixtures of these gases from its source to the point of use. Medical gas piping includes the fixed piping associated with a medical, surgical, or gas scavenging vacuum system, as well as a bedside suction system.

      (3) "NFPA" means the National Fire Protection Association.

 

      Section 2. Standards and Procedures. (1) Installation standards.[Except that Section 5.1.10.6.6, Branch Takeoffs, shall not be adopted nor enforced within the Commonwealth,] A new medical gas piping installation or an addition to an existing medical gas piping system shall comply with the applicable provisions of NFPA 99C, Standard on Gas and Vacuum Systems, 2002 Edition, with the following exceptions:

      (a) Section 5.1.10.6.6, Branch Takeoffs, shall not be adopted nor enforced within the commonwealth; and

      (b) Axially swaged, elastic strain preload fittings providing metal to metal seal having a temperature rating not less than 538 degrees Celsius (1,000 degrees Fahrenheit) and a pressure rating not less than 2,070 kPa (300 psi), and that, when complete, are permanent and nonseparable, shall be permitted to be used to join copper or stainless steel tube. The axially swaged, elastic strain preload fittings shall not be installed within six (6) inches of a brazed joint, and a brazed joint shall not be installed within six (6) inches of an existing axially swaged, elastic strain preload fitting.

      (2) Permit required. A licensed master plumber shall make application for a permit to install medical gas piping prior to the installation. To obtain the permit, the master plumber shall:

      (a) Pay a fee of forty-five (45) dollars base permit for the medical gas system for each building;

      (b) Pay a fee of fifteen (15) dollars per opening; and

      (c) Identify the person who shall perform the installation. The person making the installation shall be a certified medical gas installer as required by NFPA 99C as well as a licensed master or journeyman plumber.

      (3) Supervision by the master. It shall be the responsibility of the licensed master plumber to ensure that the person doing the installation:

      (a) Is properly certified as required by NFPA 99C;

      (b) Uses the proper products and stores them correctly; and

      (c) Requests and receives all inspections at the initial pressure test for the complete system from a certified state plumbing inspector.

      (4) Final approval. Upon completion of the installation, the master plumber shall furnish the Division of Plumbing with certification from the medical gas system verifier as required by NFPA 99C.

 

      Section 3. Incorporation by Reference. (1) "NFPA 99C Standard on Gas and Vacuum Systems", 2002 Edition, National Fire Protection Association, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m.

      (3) A copy may also be obtained by contacting the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101.

 

STEVEN A. MILBY, Chairman

DAVID A. DICKERSON, Secretary

      APPROVED BY AGENCY: March 8, 2016

      FILED WITH LRC: March 11, 2016 at 3 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 27, 2016, at 10:00 a.m., EDT, in the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by April 20, 2016 (five working days prior to the hearing) of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business on May 2, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation by the above date to the contact person:

      CONTACT PERSON: Samuel I. Thorner, Staff Attorney, Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, phone 502-573-0365, fax 502-573-1057.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Samuel I. Thorner

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the requirements for medical gas piping installations.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary in order to implement the Division of Plumbing’s duty to administer and enforce uniform standards for the permitting and inspection of plumbing work.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 318.134(3) requires the department to establish a reasonable schedule of fees and charges to be paid for plumbing installation permits and the necessary inspections incident thereto.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation assists Division of Plumbing in establishing uniform installation standards for medical gas piping, and guidelines for the permitting and inspection fees to be charged in performing its oversight role over such plumbing work in Kentucky.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment allows the use of approved axially swaged, elastic strain preload fittings for joining join copper and stainless steel tubing in medical gas piping systems.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to expand the permissible use of this type of metal to metal seal to join copper and stainless steel tubes within a medical gas piping system, and in order to incorporate the use of new and verified plumbing technologies.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 318.130 permits the department to adopt any reasonable rule or regulation to administer the provisions of Chapter 318.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will increase the options available to the plumbing industry in the design and installation of medical gas piping systems.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All individuals engaged in the installation of medical gas piping systems within the Commonwealth.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including;

      (a) List the actions that each of the regulated entities identified in question (3) will have to comply with this administrative regulation or amendment: This amendment imposes no new requirements on the affected parties; rather, it merely provides additional options for the selection of desired parts and materials for use within medical gas piping systems.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Affected entities are not anticipated to incur any increased expenses as a result of this amendment, as this amendment merely adds to the existing types of materials that may be used.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Benefits will include greater flexibility and options in complying with current plumbing requirements for the design and construction of medical gas piping systems, consistent with evolving technologies.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: There are no anticipated additional costs to administer this amendment. 

      (b) On a continuing basis: There are no anticipated additional costs to administer this amendment.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Implementation of this amendment is anticipated to result in no additional costs to the agency. Any agency costs resulting associated with this amendment will be met with existing agency funds.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: This amendment will not necessitate an increase in fees or require funding to the Department for implementation.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: There are no fees increased by this amendment.

      (9) TIERING: Is tiering applied? Tiering is not applied as all medical gas piping installations will be subject to the amended requirements.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department of Housing, Buildings and Construction, Division of Plumbing.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. This regulation is required by KRS 318.134(3).

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This amendment is not anticipated to generate additional revenues for the agency.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This amendment is not anticipated to generate additional revenues for the agency.

      (c) How much will it cost to administer this program for the first year? There are no anticipated additional costs to administer this regulatory amendment.

 

      (d) How much will it cost to administer this program for subsequent years? There are no anticipated additional costs to administer this regulatory amendment.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):      Neutral

      Expenditures (+/-): Neutral

      Other Explanation: N/A