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[KRS 318.010(4)(e) establishes the definition for "plumbing" medical gas piping. KRS 318.134 requires that a person shall obtain a permit from the department prior to the installation of plumbing and that the department shall cause inspections as necessary]. 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.

      (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)[thirty-five (35)] dollars base permit for the medical gas system for each building;

      (b) Pay a fee of fifteen (15)[five (5)] 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 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[5405], 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.

 

AMBROSE WILSON IV, Commissioner

LARRY R. BOND, Acting Secretary

      APPROVED BY AGENCY: October 10, 2014

      FILED WITH LRC: October 14, 2014 at 10 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 24, 2014, 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 November 17, 2014 (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 December 1, 2014. 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: Michael T. Davis, General Counsel, Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, phone 502-573-0365, ext. 144, fax 502-573-1057.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Michael T. Davis

      (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 increases the current medical gas piping system installation permit fee from thirty-five (35) dollars plus five (5) dollars per opening to forty-five (45) dollars plus fifteen (15) dollars per opening.

      (b) The necessity of the amendment to this administrative regulation: The primary reason for the fee increase is significantly increased expenditures beyond agency control, including those associated with Actuarially-Required Retirement Contributions (ARC) and the Commonwealth Office of Technology (COT); however, the division is already no longer generating sufficient revenue to sustain its existing expenditures necessary to maintain a minimum level and quality of statewide service. The additional revenue generated from the proposed fee increase will be used to support existing programs with no increase in staffing levels and will more closely bring revenues in line with existing expenditures to cover the agency’s current level of service.

      (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 help enable the Division to continue operating at the current level of service with no increase in staffing levels, and raise revenues to more closely match existing expenditures.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All individuals engaged in plumbing activity within the Commonwealth for which a medical gas piping permit is required.

      (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 requires the affected parties to pay the applicable permit fee associated with a medical gas piping installation project.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The potential cost to individual affected entities will vary depending upon the size and nature of the medical gas piping project, but such parties will incur an additional cost of five (5) dollars per project plus an additional ten (10) dollars per opening.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Benefits will include continued access to the Division’s current level of service, including the scheduling and completion of required installation inspections and project approvals.

      (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 increases the base and "per opening" portions of the medical gas piping installation permit fee. This increase is necessary due to significantly increased expenditures beyond agency control, including those associated with Actuarially-Required Retirement Contributions (ARC) and the Commonwealth Office of Technology (COT); however, the Division is already no longer generating sufficient revenue to sustain its existing expenditures necessary to maintain a minimum level and quality of statewide service. The additional revenue generated from the proposed fee increases will be used to support existing programs with no increase in staffing levels and will more closely bring revenues in line with existing expenditures to cover the agency’s current level of service. These fees do not cover the entire cost of that service, and this proposal is intended to lessen that operational deficit with no increase in staffing.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This amendment directly increases the base and "per opening" portions of the medical gas piping installation permit fee.

      (9) TIERING: Is tiering applied? Tiering is not applied as all permitted medical gas piping operations 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 estimated to generate approximately $32,000.00 in additional revenues for the agency’s Division of Plumbing annually, including the first year of implementation.

      (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 estimated to generate approximately $32,000.00 in additional revenues for the agency’s Division of Plumbing annually.

      (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 (+/-):      Increase.

      Expenditures (+/-): Neutral.

      Other Explanation: N/A.