19730911 1973-24 ORDINANCE NO. 1973-24
RE-ADOPTION OF CHAPTER 9A (GAS)
OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA
At a regular meeting of the City Council of the City of Fairfax,
Virginia, held in the Council Chambers of the City Hall, at Fairfax~
City, Virginia, on September 11, 1973, the City Council after haying
first given notice of its intention so to do, in the manner prescribed
by law, deleted Chapter 9A (Gas) of the Code of the City of Fairfax,
Virginia, and replaced it with a new Chapter 9A, to be known as the
Fairfax City Gas Code, which includes the adoption of National Fire
Protection Association Pamphlet No. 54, "Installation of Gas Appliances,
Gas Piping 1969".
Section ~A-1. Adoption - NFPA Pamphlet No. 54.
There is hereby adopted by the City Council of the City of Fairfax,
Virginia, for the purpose of regulating the installations, alteration,
and repair of gas facilities, including licensing, permits, penalties
and fees that certain Gas Code known as NFPA Pamphlet No. 54; not less
than three copies of this Code shall be on file in the Office of the
Chief Inspector in City Hall and shall be available for inspection
between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday
inclusive, and the said Gas Code is hereby adopted and incorporated
herein as fully as if set out at length herein. From the date this
Chapter becomes effective, its provisions shall be controlling as to all
matters contained herein.
Section ~A-2. Standards of Safety.
All gas piping, appliances and accessories hereinafter installed,
sold or offered for sale shall conform to reasonable standards of safety.
The presence on a gas appliance or accessory of a safety seal or label
of a nationally recognized testing agency or a certificate or letter of
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approval from such agency or the inclusion of an appliance or accessory
in an approved listing by such shall be prima facie evidence that such
appliance or accessory conforms to reasonable standards of safety. Such
nationally recognized testing agency shall be one qualified and equipped
to perform and one that does perform periodic inspections of current
models of gas appliances and accessories.
Section ~A-~. Title.
This chapter shall be known as the City of Fairfax Gas Code, and
may be so cited.
Section pA-4. Scope.
New Gas, Systems
This Code shall apply to gas systems and to parts thereto which
are hereafter installed in buildings in the City.
Existinq Gas Systems
This Code shall also apply to existing gas systems described in this
section as if hereafter installed.
Gas systems in a building hereafter occupied for occupancies or uses
other than those for which it was occupied when this Code became applicable
to the City of Fairfax.
Repair to any part of a gas system shall conform as nearly as may be
practicable to the requirements of these regulations for new work of like
character or as directed by the administrative authority.
Any addition or alteration, regardless of cost made to a gas system
shall be made in conformity with applicable regulations of this Code.
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Section pA-4~ Definition of terms.
The following words, terms and ph6ases, when used in this Chapter,
shall have the meaning ascribed to them in this section, except where the
context clearly indicates a different meaning:
Board: The Board of Plumbing Examiners, as established in Chapter 16
(Plumbing Code).
Certificate. The certification of competence issued by the Board
of Plumbing Examiners.
Chief: The Chief Plumbing Inspector, as designated by the Director
of Public Works, subject to the approval of the City Manager to enforce
provisions of this chapter, and who is specifically charged with administer-
ing the provisions of this chapter.
Plumbinq Inspector. The qualified person charged with the field
inspections of all gas work done in the City.
Master Gas Fitter: The term "master gas fitter: shall include all
persons engaged in the business of contracting with others to install,
erect, or repair gas systems, fixtures, appliances or appurtenances to
be used in the City, who have met the certification and licensing
requirements of this Chapter.
Section 9A-5. Administration.
The Director of Public Works shall have general management and control
of the administration of the provisions of this Chapter.
Section 9A-6. Responsibility, Powers and Duties of Chief Inspector.
The Chief Inspector shall specifically administer and enforce the
provisions of this Chapter and shall be responsible for the technical
implementation and enforcement of same.
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For the purpose of this :hapter, administrative authority is
defined as the Office of Inspections of the Department of Public Works.
He shall inspect or cause to be inspected by other inspectors of this
office, all 9as work, appliances, materials and sevices in or on all
premises, not otherwise exempt, where gas is used in the City and to
keep records of all such permits and fees received.
Section ~A-7 Verbal Waiving of Regulations Insufficient
Under no circumstances shall verbal permission given by anyone,
whether connected with the 9overnment of the City of Fairfax or not,
be considered a justification for any deviation from, or violation of,
these regulations.
Section ~A-8. Installation of 9as piping. Permit Required.
It shall be unlawful for any person to install alter or repair, or
allow to be installed, altered or repaired, gas piping, appliances or
accessories without obtaining a permit therefor from the thief Inspector,
except that minor repairs may be made without a permit, but must be done
in accordance with this Chapter and by a person qualified by this Chapter.
Adjustment of appliances, replacement of parts and repairin9 of leaks are
considered minor repairs.
Section ~A-~. Installation to be done by Master Plumber or Master Gas
Fitter; Exceptions.
It shall be unlawful for any person to install, alter or repair or
allow to be installed, altered or repaired, gas piping or equipment,
unless issued a certificate of registration as a master plumber or
master 9as fitter, except that any permit required by this Chapter may
be issued to a person to do his own work in a single-family dwelling,
used exclusively for residential purposes, including usual accessory
buildings; provided that the person is the bona fide owner of such
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dwelling and that the same will be occupied by the owner and that the
owner shall personally pruchase all material and perform all labor in
connection therewith and comply with this Chapter; provided, further,
that the employees of gas supplier shall not be required to have a
certificate of registration or permit to do gas work on the premises,
property or equipment owned or controlled by the gas supplier.
Section ~A-IO. Certificates of Registration.
The Board of Plumbing Examiners, as established in Chapter 16,
shall establish the standards and qualifications for persons applying
to the Board for certificates of registration, may require oral or
written examinations or both, and shall determine the qualifications
and standards to be required of persons who receive certificates of
registration. The Board shall issue an appropriate certificate of
registration to each person who meets the qualifications therefor and
successfully passes the examination given by the Board. The Board
shall keep an official record of the examination.
Section pA-11. Master Gas Fitter's; Master Plumber's License - Required.
It shall be unlawful for any person to engage in the business of
installing, repairing or altering gas equipment unless licensed as a master gas
fitter under the provisions of this Chapter or as a master plumber
under the provisions of Chapter t6.
Section ~A-12. Master Gas Fitter's Bond - Required.
A person who has been issued a Master Gas Fitter~s license shall
execute and deposit with the City a bond in the sum of one thousand
dollars ($1,000.00), such bond to be so conditioned that all gas work
performed by the licensee or under his supervision shall be performed
in accordance with the provisions of this Chapter and that he will pay
all fines and penalties properly imposed upon him for violation of the
provisions of this Chapter. A Master Gas Fitter's license shall not be
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valid unless a bond is executed and deposited as herein provided.
Section ~A-I~. Examination.
Any person desiring to be licensed under the provisions of this
Chapter shall make written application to the Board. Application fees
shall accompany the application and are not returnable. The
application fee is as follows: Master Gas Fitter - $10~OO.
Section ~A-14. Same - Renewal.
All licenses issued by the Board shall expire on December 31 of the
year for which issued but may be renewed prior to that date upon pay-
ment of an annual fee of: Master Gas Fitter - $10.O0.
Expired licenses may be renewed within thirty days after expiration
upon payment of the annual fee and a penalty of $30.00.
Section ~A-I~. Revocation - Violation Notice.
The Board may revoke any license upon any of the following grounds:
1. That it was obtained by non-disclosure or misrepresentation
of a material fact.
2. That a penalty has been imposed upon the licensee pursuant to
the provisions of this Chapter.
3. That the licensee has refused, without adequate cause, to
complete work covered by a permit issued pursuant to the provisions
of this Code.
Provided, however, that no such revocation shall be effective
until the licensee shall have had written notice of the charge against
him and had an opportunity to be heard and to present evidence in his
own behalf at a hearing before the Board to be held not less than five
days nor more than thirty days after the date of such wirtten notice.
At any such hearing, the licensee shall have the opportunity to present
both oral and written evidence and shall be entitled to cross-examine
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All testimony shall be given under oath.
Further provided, that notice in writing of a violation of this
Code shall be served on the person doing or who has done the work,
if he may be served on the premises where the work is located, and/or
upon the permit holder if such permit holder is a person other than
the person who did the work. The permit holder shall be served in any
case with a notice of violation; service shall be by certified mail
to the address of the applicant as given in the permit application.
Section ~A-16. Same - Use of Licensee's Name by Another.
No person who has obtained a master gas fitter's license shall allow
his name to be used by another person either for the purpose of obtaining
permits or for doing business or work under the license. Every person
licensed shall notify the Board of the address of his place of business
and the name under which such business is carried on and shall give
immediate notice to the Board of any change in either.
Section ~A-17. Vehicle Display.
Every person licensed under this Chapter shall plainly letter his
business vehicle with name, address, and license number.
Section ~A-I7. Gas Permit.
No gas work shall be undertaken prior to the issuance of a permit
therefor by the Chief Inspector, except as provided below:
In the event of an emergency, a licensed master gas fitter or master
plumber may perform such gas work as may be necessary to eliminate imm~nent
danger to persons or property or to restore to a functional condition any
essential gas system, without having first secured a permit; provided,
further, that if such an emergency is to be remedied during the hours in
which the Chief Inspector's office is open, the licensed master gas fitter
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or master plumber shall notify the Office of Inspections by telephone,
as soon as is practicable, of the emergency and the work being performed.
The term "Emergency" shall be construed to include only those
occurrences endangering persons or property by reason of malfunction
or failure of an essential gas appliance or system. In any event,
application for a permit shall be made within two working days of the
date on which such emergency commenced.
Section ~A-18. Same - Application.
Application for a permit for gas work shall be made on suitable
forms provided by the Office of Inspections. The application shall be
accompanied by fees in accordance with the schedule of fees herein.
Section ~A-I~. Same - Schedule of Fees.
Fees for permits for gas work shall be as follows:
Gas fittings in new construction, five dollars plus one dollar for
each appliance outlet.
Additional gas fitting in old installation, three dollars plus
one dollar for each appliance outlet.
Replacing gas appliances on existing gas piping, three dollars
plus one dollar for each appliance outlet.
Additional inspections made necessary by undue delays in work,
the use of improper material, failure to be ready for inspection when
ordered or failure to have system tight, three.dollars.
Section ~A-20. Requirement Generally.
Plans and specifications. No permit for gas work shall be issued
until plans and specifications showing the proposed work in necessary
detail have been submitted to the Chief Inspector or his authorized
agents, and he has determined from examination of such plans and
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specifications that the work will conform to the provisions of this
Chapter. If a permit is denied, the appl~icant may submit revised
plans and specifications without payment of additional fees. If,
in the course of the work, it is found necessary to make any change
in the plans and specifications on which a permit has been issued,
amended plans and specifications shall be submitted and a supplementary
permit, subject to the same conditions applicable to the original
application for permit, shall be issued to cover the change.
Section ~A-21. Permits - Abandoned or Discontinued Work.
(a) Should any person to whom a permit has been ~ssued for
gas work abandon the installation for any reason, he shall immediately
notify the Office of Inspections in writing.
(b) If an installation has been partially completed, the permit
grantee, upon abandoning the installation, shall notify the Office of
Inspections and request an inspection. A record shall be kept of the
result of the inspection.
(c) If a permit grantee abandons an installation after work has
been started, the work shall be inspected and a notice of violations
shall be sent to the permit grantee and the bonding company. The master
gas fitter who then proceeds with the installation shall secure a permit
for the entire job and shall be responsible for ali work.
(d) If no work has been done, a permit grantee shall be entitled
to a refund of 75% of the permit fee, provided that request for a
refund is made within six months after date of permit. Permit fees
of $5.00 or less shall not be refunded.
No refund shall be granted to the permit grantee for work already
installed and inspected.
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(e) Before proceeding with any gas work which has been started
by any other person, an owner, master gas fitter or master plumber shall
make request for an inspection and shall notify in writing the original
permit grantee, before securing a new permit for the entire job.
The responsibility for all gas work shall be with the new permit
holder.
Section ~A-21. Constitutionality.
If any part or parts, section, sub-section, sentence, clause, or
phrase of this ordinance is for any reason declared unconstitutional,
such decision shall not affect the validity of the remaining portions
of this ordinance, which shall remain in full force and effect as if
this ordinance had been passed with the unconstitutional part or parts,
section, sub-section, sentence, clause, or phrase hereof, eliminated.
This ordinance shall take effect immediately upon its passage.
Introduced: September 4, 1973
Adopted: September ll, 1973
ATTEST:
i T Y(-.~LE RK