osfm ppt template 1 - · pdf file · 2017-11-07mechanical code consultant 1. ......

Code College

Section 101.5 – Other State

Agencies and Occupational

Licensing Boards

Dan Dittman, PE

Mechanical Code Consultant

1

101.5 Other Agencies

NCMC Section 101.5

SECTION 101.5

2


NCMC Section 101.5

Also in NCBC, NCPC, and Administrative

Code. Basically it applies to the collective

“Building Code”

Well now, our journey begins…

3


101.5 Requirements of other State agencies,

occupational licensing boards or commissions. The

North Carolina State Building Codes do not include all

additional requirements for buildings and structures that

may be imposed by other State agencies, occupational

licensing boards and commissions. It shall be the

responsibility of a permit holder, registered design

professional, contractor or occupational license holder to

determine whether any additional requirements exist.

4


101.5 Requirements of …..other :

State agencies,

occupational licensing boards and

commissions.

5


101.5 Requirements of other State agencies,

occupational licensing boards or commissions.

Not in code, but I’d like to add: Contract requirements (plans, drawings, specs)

Corporate office design requirements

Private insurance requirements

Design guidelines (how do all the pieces parts go together)

Other?

6

Other Agencies

Excerpt of NCGS 143-138 NC State Building Code

7

(b7) Appendices. - For the information of users thereof, the Code shall include as appendices the

following:

(1) Any rules governing boilers adopted by the Board of Boiler and Pressure Vessels Rules,

(2) Any rules relating to the safe operation of elevators adopted by the Commissioner of

Labor, and

(3) Any rules relating to sanitation adopted by the Commission for Public Health which

the Building Code Council believes pertinent.

The Code may include references to such other rules of special types, such as those of the

Medical Care Commission and the Department of Public Instruction as may be useful

to persons using the Code. No rule issued by any agency other than the Building Code

Council shall be construed as a part of the Code, nor supersede that Code, it being

intended that they be presented with the Code for information only.

Other Agencies

Excerpt of NCGS 150B-19 Restrictions on Agency Rules

8

§ 150B-19. Restrictions on what can be adopted as a rule. An agency may not adopt a rule that does one or more of the following:

(1) Implements or interprets a law unless that law or another law specifically authorizes the agency to

do so.

(2) Enlarges the scope of a profession, occupation, or field of endeavor for which an occupational

license is required.

(3) Imposes criminal liability or a civil penalty for an act or omission, including the violation of a

rule, unless a law specifically authorizes the agency to do so or a law declares that violation of the

rule is a criminal offense or is grounds for a civil penalty. NC General Statutes - Chapter 150B 10.

(4) Repeats the content of a law, a rule, or a federal regulation. A brief statement that informs the

public of a requirement imposed by law does not violate this subdivision and satisfies the

"reasonably necessary" standard of review set in G.S. 150B-21.9(a)(3).

(5) Establishes a fee or other charge for providing a service in fulfillment of a duty unless a law

specifically authorizes the agency to do so or the fee or other charge is for one of the following:

a. A service to a State, federal, or local governmental unit.

b. A copy of part or all of a State publication or other document, the cost of mailing a document, or

both.

c. A transcript of a public hearing.

d. A conference, workshop, or course.

e. Data processing services.

(6) Allows the agency to waive or modify a requirement set in a rule unless a rule establishes specific

guidelines the agency must follow in determining whether to waive or modify the requirement. (7) Repealed by Session Laws 2011-398, s. 61.2, effective July 25, 2011. (1973, c. 1331, s. 1; 1985,

c. 746, s. 1; 1991, c. 418, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 7.10(a); 2011-13, s. 1; 2011-398, s. 61.2.)

Other Agencies

Building Code and Agency Rules

My understanding of the statutes is that Agencies cannot

issue rules that superseded the Building Code rules, but the

determination for whether it did or did not has already been

made by Rules Review Commission.

I am not sure of their review process, but I am also not in a

position to nullify an agency rule because it appears to me

to supersede a Building Code section.

9

Other Agencies

Building Code and Agency Rules

As a code official, I do not enforce other agency rules

unless directed to by the code or statutes.

This is a question that comes up every once in a while with

the rules for load calculations, HVAC zoning requirements,

and maximum temperature differentials.

Also comes up with restaurant equipment requirements and

sometimes with hospital ventilation/exhaust.

10

Other

Building Code and

Agency Rules

11

21 NCAC 50 .0505 GENERAL SUPERVISION AND STANDARD OF COMPETENCE (a) The general supervision required by G.S. 87-26 is that degree of supervision which is necessary and sufficient to

ensure that the contract is performed in a workmanlike manner and with the requisite skill and that the installation is

made properly, safely and in accordance with applicable codes and rules. General supervision requires that review of

the work done pursuant to the license be performed by a licensee of the firm while the work is in progress. If a

Plumbing, Heating or Fuel Piping Contractor licensed by this Board employs a properly licensed Plumbing, Heating

or Fuel Piping Technician, whose Technician license is listed under the name of that licensed contractor, then the

licensed technician may review and supervise work in lieu of the licensed contractor as a means to assure that the

contract is performed in a workmanlike manner and with the requisite skill and that the installation is made properly,

safely and in accordance with applicable codes and rules.

(b) The provisions of the North Carolina Building Code, including the provisions of codes and standards

incorporated by reference, and adopted by the Building Code Council of North Carolina are the minimum standard

of competence applicable to contractors licensed by the Board. Licensees shall design and install systems which

meet or exceed the minimum standards of the North Carolina State Building Code, manufacturer's specifications and

installation instructions and standards prevailing in the industry.

(c) Work performed under Rule .0513, Rule .0514, and Rule .0515 shall be performed by the licensed technician

pursuant to the license held by that person.

(d) Every newly installed residential heating system, air conditioning system or both shall be designed and installed

to maintain a maximum temperature differential of four degrees Fahrenheit room-to-room and floor-to-floor. On

multilevel structures, contractors shall either provide a separate HVAC system for each floor or to install

automatically controlled zoning equipment for each level with individual thermostats on each level to control the

temperature for that level. The seasonal adjustment needed to maintain the four degrees Fahrenheit room-to-room

and floor-to-floor maximum temperature differential shall not be accomplished through the use of manual dampers.

(e) All licensed HVAC contractors or licensed technicians shall perform a room-by-room load calculation for all

newly installed residential structures prior to installing heating systems, air conditioning systems, or both, which

calculations shall be specific to the location and orientation where the HVAC system or equipment is to be installed.

A written record of the system and equipment sizing information shall be provided to the homeowner, owner or

general contractor upon request and a copy shall be maintained in the job file of the licensee for a minimum of six

years. Load calculations shall be performed by a licensee who holds the appropriate license from this Board, or a

licensee may utilize a load calculation carried out for this particular structure and location by a North Carolina

Licensed Professional Engineer.

(f) When either a furnace, condenser, package unit or air handler in an existing residential heating or air

conditioning system is replaced, the licensed HVAC contractor or licensed technician is required to perform a

minimum of a whole house block load calculation. When a furnace, condenser, package unit or air handler in a

residential heating or air conditioning system is replaced, the licensee shall ensure that all systems and equipment

are properly sized. The licensee may utilize industry standards, reference materials, evaluation of the structure, and

load calculations. A written record of the system and equipment sizing information shall be provided to the

homeowner, owner or general contractor upon request and a copy shall be maintained in the job file of the licensee

for a minimum of six years. If a load calculation was not performed or if a load calculation was performed and it is

later determined by the Board that the unit installed was undersized or oversized, the installation will be considered

as evidence of incompetence. Load calculations shall be performed by a licensee who holds the appropriate license

from this Board, or a licensee may utilize load calculations carried out for this particular structure and location by a

North Carolina Licensed Professional Engineer.

(g) A licensed plumbing contractor involved in installation or replacement of a well pump or pumping equipment

which includes installation or reinstallation of a well seal shall be present on site until the well is disinfected and

sealed.


Purpose

The purpose of this paper is to illustrate the most

common state agencies and occupational licensing

boards that may be interfaced with by people doing

work in the Mechanical Code, Plumbing Code, and

Fuel Gas Code.

12


Purpose People who do work in these trade codes (you) routinely go seamlessly

back and forth from building code folks to the septic tank folks and to

the water supply folks. And, thrown in for good measure, maybe the

department of agriculture concerning propane.

This has been this way for decades, and there are many jurisdictions

with excellent websites that allow contractors or homeowners to self-

lead themselves to the departments that handle the respective functions

associated with building and putting a house on-line.

Prior to the Internet, of course there were phones and phone books,

rolodexes and face-to-face meetings with clients and municipal

buildings.

13


Purpose However, more and more, with the advent of on-line search engines,

people like to “start at the top” and have a “one stop shop” so they can

deal with the department in charge of everything so they can shorten

their time schedules.

While this is understandable, the Building Code does not cover things

that are for the most part outside of the building, and even inside the

building it is limited to basically the building shell, plumbing, electrical,

and mechanical equipment.

The Fire Code has sections on processes that go on within a building,

but it is not necessarily a “how to” manual, but a set of required

practices and design features.

14


Purpose – Target Audience Really my target audience would be first-time business owners or new

building owners.

Also, new design professionals and contractors.

I realize I am preaching to the choir to code officials, but I wanted to

take a stab at it to see if I am on the same page as the jurisdictions in

my observations.

Also, I selfishly want some feedback from you on this topic so I can

better prepare for questions and prepare better coursework and

guidelines.

15


Purpose Does anyone get the feeling that more and more the code book is

expected to be the one-stop design manual?

While that may be nice, that only means it is going to get bigger.

16


Purpose Its New to You

The various agencies that cover utilities and occupational licensing

boards are going to vary with the function and location of a building.

To the experienced user, much of this will seem repetitious or a

seeming waste of time because it is obvious to you, but remember the

assembling of buildings and the reshuffling of tenants in tenant

buildings has a very high percentage of first timers involved.

The construction industry is a lot of people’s first job, and historically

has a lot of personnel churn. This paper does not try to create anything

new, but only intends to reemphasize what is already available, but may

not be obvious to a new business owner, new vendor, new building

owner, etc.

17

Other Agencies

We mentioned how people familiar with the process of putting a house on-line can take for granted the other agencies or utilities routinely involved in the process.

An issue directly related to this is the difference between a Certificate of Compliance and a Certificate of Occupancy.

In the NC Administrative Code, Section 204.8 and subsequent subsections, details are provided to describe to the reader the subtle difference between a Certificate of Compliance and a Certificate of Occupancy

18

Other Agencies

A Certificate of Compliance is issued after all the technical codes are met for that system, but this does not mean all items related to that building have been installed, or connections made to serving utilities to make sure the building is safe to the occupants , or in a more general sense, to the neighbors.

19

Other Agencies

Any given system may be complete per the technical codes, but there are systems beyond the technical codes that may have an effect on the building, including systems that are subject to other state agencies, occupational licensing boards, and most commonly, utilities.

20

Other Agencies

An obvious example is the plumbing waste system. A

building’s waste system can be perfectly complete within

the building, but if it is just drained outside onto the building

front lawn, it is of course not a safe building to get in and

out of and is a hazard to the occupants and its neighbors.

It is also just plain yucky.

21

Other Agencies

We can go through examples like this utility by utility, and

as seasoned code officials it will be obvious, but to people

who do not deal with it every day it seems bureaucratic or

unclear why the Building Code and Code enforcement

officials are not a one-stop-shop for putting a building and

its internal processes on-line

22

Other Agencies

Have you ever been taunted with

– “Can’t you tell me the requirements..” or

– “Don’t you know the requirements…I thought you were the

code official”

– “Show it to me in the code….”

We certainly try to provide the path to the other agencies,

but there are limits, and Section 101.5 does point out it is

the responsibility of the permit holder, etc.

23

Other Agencies

The aforementioned example of utility connections helps

illustrate the difference between a Certificate of

Compliance, and a Certificate of Occupancy. The code

clearly states that Certificates of Compliance “…shall not be

construed to grant authority to occupy a building..” and

also, in NC Admin Section 204.9.1 “..no person shall make

connections to a utility …until after approved by the

inspection department and a certificate of compliance is

issued”

By these sections, clearly a building is intended to have

Certificates of Compliance for systems before the systems

are even hooked up to the utilities. A building is not ready

for occupancy until the utilities are hooked up, and after

that, it is ready for a Certificate of Occupancy.24

Other Agencies

Making this less obvious, and leading to confusion in the

field, is the allowance for temporary power to be hooked up

in order to test the systems.

In order to test systems in even a moderately sized

building, it is really, really nice to have power, water and

sewer so the building systems can be commissioned.

This blurring of the lines and the sequence of events makes

it all the more confusing when you try to compare one

building to another from a consistent enforcement

standpoint.

Especially if you are a member of the general public. “He

has power……why can’t I get power?”

25

Other Agencies

The routine and obvious examples of other situations such

as utilities helps pave the way for understanding other

systems.

It is helpful to go beyond the average house and think more

of commercial and industrial buildings, such as breweries or

distilleries.

Breweries and distilleries have been popping up for quite a

while now in NC and across the country as the barriers to

entry are quite low and the process must be fairly easy to

replicate.

26

Other Agencies

Breweries above a certain size typically use a boiler to

provide heat for the mash pots, and, depending on the size

of the boiler, it is subject to inspection by the NC

Department of Labor who will inspect what they are

statutorily responsible for.

How the boiler and its breeching, fuel supply, electrical, and

plumbing interface with the remainder of building though

are still the responsibility of the Building Code Official.

The systems that connect to the boiler could receive a

Certificate of Compliance, but the building could not receive

a Certificate of Occupancy until this boiler is reviewed and

accepted by the NC Department of Labor.

27

Other Agencies

In the aforementioned situation, the installer may also

choose to invoke paragraph b9-Industrial

machinery(NCGS143-138), but it would still be subject to

how it interfaces with the surrounding building.

28

Other Agencies

If the building being put on-line is a hospital, there will likely

be all the trade code requirements and their certificates of

compliance, but also Department of Labor Boiler Safety

Bureau and Department of Health and Human Services

(DHHS).

All of the health-safety items required for minimizing

disease transmission are not in the Building Code, but

instead lie with design principals and industry standards

that specialize in that.

A hospital may even have incinerators that have to meet air

quality standards. When all the agencies are complete,

then the building can be put on-line and begin handling

people with various illnesses.

29

Other Agencies

Okay, let’s go over some simple sketches to help illustrate

the issue of requirements beyond the Building Code…

30

Other Agencies

31

Privacy screen requirements

HOA’s

Figure 1: Diagram - Privacy Screens

Generic House subject

to HOA restrictive

covenants

H

P

HOA required

Privacy Screen,

insufficient space

for replacement

heat pump

Other Agencies

32

In the preceding diagram, if the replacement

heat pump has insufficient clearance based on

the manufacturer’s requirements, (and

therefore the Mechanical Code Section 304.1),

does the HOA privacy screen requirements

“trump” the code, and does the code official

need to write a variance?

Other Agencies

33

• The short answer is no. There is no promise or guarantee that a replacement

part is going to be backwards compatible with any given house or installation.

• The permit holder is certainly free to search for technical clarification from the

manufacturer, but if they cannot give a valid exception, the code official is not in

a position to overrule the manufacturer’s installation instructions.

• Remember, in many situations, the outdoor heat pump units have shared space

with a neighbor’s.

• What happens if one unit is installed in violation of the manufacturer’s

space requirements and either that unit or the other unit fails?

• How can a jurisdiction absolve themselves from responsibility if

someone claims the units were overheating each other, and now they

are failing prematurely?

This is a situation that was not caused by the building code.

Other Agencies

34

Outdoor appliances

Consider the following diagram:

HOA’s

Figure 1: Diagram - Local ordinance and smoke


to local ordinance

Outdoor Solid-

fuel heater, meets

minimum

setbacks


to local ordinance

Other Agencies

In the preceding diagram, there is an outdoor solid-fuel

burning appliance (outdoor furnace or boiler) that is

compliant with all applicable building codes. Every year, I

receive calls in the early fall from clients asking me to have

the code official shut down their neighbors appliance

because it is smoking them out of their house.

“There has to be a code against it…”

If I don’t get the call, Dan Austin will. Or I’ll send it his way

anyway☺

35

Other Agencies

I politely explain there is nothing in the building code that

would prohibit its installation or use. By the same token,

there may be local ordinances that prohibit certain outdoor

appliances, but that would be an ordinance that would not

be in the building code. The permit holder would be

responsible, via NCMC 101.5 to see if there are any such

restrictions.

36

Other Agencies

To the best of the author’s (me) knowledge, there are no

direct restrictions, but there may be indirect restrictions via

no outdoor appliances or something similar. In any event,

the caller is directed to the local permitting office.

Some things are simply a civil matter, and have to be dealt

with between two individuals and there is no code language

37

Other Agencies

38

List of Common Scenarios

House with septic (Water Quality Division)

Figure 1: Diagram – Environmental Health, septic of municipal sewer

Generic House with

sewage

Building waste

must connect to

either private or

public waste

NCPC 701.3

If Septic, Call County or

City Environmental

Health Dept.

If municipal sewer, call

providing utility.

Other Agencies

More and more, we have been fielding calls wanting to

know where in the code the code official can require a

means of sewage disposal.

The code citation is NC Plumbing Code 701.3, but the

requirements or what constitutes a proper means of

disposal is related to Section 101.5 Other Agencies.

With the advent of tiny houses, and desire to place many of

them on a single plot of land as vacation homes or Air-

BNB’s, there is of course a desire to provide sewage

disposal in as inexpensive manner as possible.

“I’ll do pump and haul…”

39

Other Agencies

When the reader is not familiar with other agencies, they

may view the building code as a one-stop-shop for putting a

house on-line, but waste is still an issue that needs to be

considered

A gas-fired toilet is not an automatically acceptable option,

even if mentioned in the Plumbing Code.

Composting toilets are another technical possibility, but not

an automatically acceptable option.

40

Other Agencies

41

• In Wake County, the septic requirements is located under

Environmental Services/Water Quality/Septic and

Wastewater.

• In Johnston County, the septic requirements are located

under Environmental Health/Septic department.

• In Sampson County, the septic requirements are located

under their Environmental Health department.

Other Agencies

42

• The list goes on and on, but in general, the septic

requirements will be found under a department named

• “Environmental Health” or something close to this.

Individual departments are organized under the NC

Department of Environmental Quality (NC DEQ), the septic

systems are largely handled locally, but not by the Plumbing

Code.

• If the property is zoned for public sewer, the city/town

municipal sewage department would be contacted for any

particular requirements.

Other Agencies

43

House with well water (Water Quality and Well drillers occupational board)

Figure 1 Diagram - Building with water supply - well or municipal

Generic House needing

water

Building water

must connect to a

potable water

supply, NCPC

602.1

If well water, generally

call County

Environmental Health

Occupational Licensing

Board – NC Well

Contractors Certification

Commission

Other Agencies

44

• In Wake County, the well water requirements are located

under Environmental Services/Water Quality/Groundwater

Protection and Wells.

• In Johnston County, the well water requirements are located

under Environmental Health/Private Water Wells department.

• In Sampson County, the well water requirements are located

under their Environmental Health department/Private Water

wells (under services).

Other Agencies

45

House with City or County water supply

Figure 1: Diagram - Building on municipal water, backflow prevention issue


water

If municipal water, call

providing utility.

Building water

must connect to a

potable water

supply, NCPC

602.1

M

Does Plumbing code

require backflow

preventer?

No, But municipal

rules may.

Other Agencies

46

In the preceding diagram, there is a house’s water supply

hooked to a City or County water supply.

• The diagram is shown with a poorly-drawn backflow

prevention device, separating the house from the

municipal supply.

• There is nothing in the plumbing code that would require

this, as the individual fixtures within the house already

have backflow prevention.

• However, the municipal water supplier may have an

ordinance that requires a backflow prevention means.

Other Agencies

47

• This is a source of confusion, because different

municipalities may have different requirements. Some

may not require any backflow prevention, and others may

require a double check, and still others an RPZ.

• These municipalities may be geographically close to each

other, so it may be confusing to the plumbing contractor

who works in all districts.

Other Agencies

48

• The more we can clarify that the Plumbing code is being

enforced consistently, it may help the installing contractor

understand the requirements of the municipal water

system vs. the plumbing code.

• Otherwise, the “code” and code official will be viewed and

reported as being inconsistent

Other Agencies

49

• Further complicating the situation may be the fact that in

small jurisdictions, the code official may be wearing

multiple hats, and working on the municipal side also.

• If this is the case, I request that they clearly state they are

enforcing the ordinance as a requirement of the

municipality, and not the plumbing code or as a building

code official.

Other Agencies

50

• Let’s expand on this a little more..

• Pretty much every municipality is going to require a meter.

However, do all meters get installed with back flow

prevention?

• No

• If there is no backflow prevention, is a thermal

expansion device required?

Other Agencies

51

• What if Jurisdiction A requires backflow prevention,

and Jurisdiction B does not?

• There are two pieces-parts needed in Jurisdiction A

that are not required in Jurisdiction B—A backflow

prevention device and a thermal expansion device.

• The backflow prevention device is required because of

an ordinance, the thermal expansion device is required

by the code, based on the ordinance of another

agency.

Other Agencies

52

• Is it even going to be the same contractor?

• Utility vs. Plumbing

• Is there an ordinance that says they need to

coordinate with each other?

Other Agencies

53

• Not trying to throw ordinances under the bus

• However, if we as code officials do not clearly

communicate where and who the requirement is

coming from, we will probably be blamed for

inconsistent enforcement of the Building Code.

Other Agencies

54

• A great example of this was with the freezing

condensate lines several winters ago.

• The code was blamed for not being able to drain to

sewer

• However, the plumbing code clearly had sections for

how to drain non-potable clear water waste

Other Agencies

55

• However, a standard boiler plate ordinance of water

treatment plants requires the local plant to decide if

they will or will not accept clear-water condensate.

• Of course, a NC statute was passed that required the

municipalities statewide to accept certain clear water

condensate.

• Code language was changed to provide a “how-to list”

for connecting to the sewer, but the underlying

principal from a code standpoint did not change.

Other Agencies

56

House with Utility-Supplied Electric

Figure 1: Diagram - Building electrical system connection to electric utility


electricity

Could be utility

or municipality,

or co-op power

Building connects

to serving utility,

Underground?

Above Ground?

Other Agencies

57

In the preceding diagram, we have an example of a

house requiring connection to a serving utility for

electricity. • The NC Electric Code has code requirements that are

dependent on where and how the utility connects to the

building wiring system, but it does not control how it comes

into the building or attaches to the building wiring system.

Other Agencies

58

In one-and-two family dwelling applications, there are

not too many different ways it can logically be done.

• In commercial buildings in urban centers, below-

grade transformer vaults and similar potential

requirements can make the coordination between

the building design and utility provider very, very

important but also less clear where the codes leave

off and the utility picks up.

• Any jobs where you remember the customer thought

the utility would come in from one side, and it ended

up being another?

Other Agencies

59

House with Utility-Supplied Natural Gas

Figure 1: Diagram - Natural Gas utility connection (utility commission)


Natural Gas

Could be utility

or municipal

supplied gas

Building connects

to serving utility.

M

Other Agencies

60

The preceding example shows a simple

illustration of the house connecting to another

utility, in this case a natural gas utility.

• Natural gas providers, before the point of

delivery, are under utility commission rules,

and the piping is not addressed by the fuel

gas code.

Other Agencies

61

• Meter location and meter vent however, does

become an issue.

• The code does not tell the utility where they

can or cannot put the meter, but wherever it

goes, there are code ramifications for things

that can drip and freeze on the vent, or allow

the vent to release into a window, direct vent

intake appliance, etc.

• Could this be viewed as inconsistent code

enforcement?

Other Agencies

62

• Further complicating is ordinances for re-

attaching meters to vacant houses.

• Leak check definitely required after

interruption of service, but sometimes the

ordinance is not worded consistently with

code language, and may actually require a

pressure test

• Several jurisdictions are also the gas supplier,

so it is important to state which code or

ordinance is being enforced.

Other Agencies

63

House with Propane

Figure 1: Diagram - house with propane - LP-Gas Division of Dept. of Depart. Of Agriculture


Propane

Department of Ag.

Covers locations of tanks

(NFPA 58). Fuel gas

code picks up at first

place pressure is

reduced. [GS143-

138(b8)]

Other Agencies

64

The preceding diagram illustrates a simple propane

hookup.

• The department of Agriculture/Standards/LP-Gas

Section is the responsible agency for location of

propane tanks.

• From personal experience, the LP-Gas division is not

in a real obvious place on the Department of

Agriculture website.

Other Agencies

65

• I suppose that could be said about any given website,

but it is an example of how another agency has

jurisdictions and rules, but they are not in the

building code.

• There are several cross references to this in the code

but the exercise of finding the site is not automatic or

the click of a hyperlink.

Other Agencies

66

Per statute 143-138(b8), the building code (fuel gas

code) would not apply to liquefied petroleum gas prior

to the outlet of the first stage pressure regulator. (So,

of course, if it is after, the Fuel Gas Code would apply)

• This is slightly different than the typical break point

that NFPA 58 and NFPA 54 have.

• NFPA 58 stops at the outlet of the 2nd stage regulator,

and NFPA 54 picks up there.

Other Agencies

67

• However, not all states adopt NFPA 54 as their fuel

gas code or have statutes that line up perfectly with

the adopted code or standard, and such is the case

with North Carolina.

• This leads to confusion at the interface of these two

agency rules. Although NFPA 58 is what Propane

distributors follow, the Statute defines the end of LP-

Gas division’s responsibility as the outlet of the first

stage pressure regulator, not the outlet of the 2nd

stage regulator as referenced by NFPA 58 and NFPA

54.

Other Agencies

68

• So, yes Propane distributors follow NFPA 58, but due

to the NC Statute, the point of demarcation between

the Department of Agriculture’s jurisdiction and the

Building Code are different from the commonly

adopted standards of NFPA 58 and NFPA 54.

Other Agencies

69

• Is the Code inconsistent?

• No

• Is there confusion?

• Probably, especially for contractors and distributors

who work along the state border.

Other Agencies

70

Another issue that arises with propane tanks is

location. The location of the tank is subject to the rules

of the LP-gas division, which uses NFPA 58, but the

tanks sometimes have regulators on them that have a

vent that cannot be too close to building openings.

NFPA 58 has restrictions for filling a tank, but the

”spitter valve” is not the vent the building code is

interested in enforcing. The filling valve is clearly on

the tank, therefore subject to Department of

Agriculture

Other Agencies

71

The building code has space and distance requirements

for operable openings or mechanical air intakes, and

the vent on a regulator is recognized as a source of

contaminant that needs clearances from.

• Refer to NCDOI interpretations for this

• However, if there is not good coordination of trades

in the field (do they even know each other?),

Other Agencies

72

The code official may cite a clearance issue.

• Of course, they cannot require the tank be moved,

but it may be a case of moving a tank, or moving an

opening.

• The code official can also of course discuss the

situation with the LP-Gas division for any

clarifications and options.

Other Agencies

73

• When a call comes into my office from a propane

dealer complaining of a code official overstepping

the code, I listen, and then explain the situation of

clearances, and try to refer it back to the general

contractor to coordinate the trades.

• If the regulator vent on the tank is too close to an

opening, either the opening needs to be moved or

the tank (and attached regulator) need to be moved

or re-piped.

Other Agencies

74

• Similar to privacy screens for hvac equipment, some

towns have privacy screen requirements for

propane tanks.

• These privacy screen requirements are nowhere in

the code, but the town or HOA can enforce it, but in

doing so they cannot make the code official enforce

it as a building code issue, or represent it as a

building code requirement.

Other Agencies

75

• As mentioned earlier, many towns have to have

people multi-tasking, and it may be the same person

doing building code and nuisance codes, but they

need to cite the correct code or ordinance.

Other Agencies

76

The point is, the fuel gas code is not a one-stop-shop

when it comes to the entire propane system.

• There is some involvement with the LP-Gas division

of the North Carolina Department of Agriculture and

perhaps local HOA or screening requirements.

• Oh, and tank hold-down requirements. But that is

another issue.

• You could also of course have both natural gas and

propane on the same property.

Other Agencies

77

Restaurant Subject to Health Department

Figure 1: Diagram - Restaurant subject to DHHS and Utilities

Generic Restaurant

Department of Health

has restaurant

requirements that are

menu-driven.

Dept. of Ag Covers

Bakeries

Sewer utility may

or may not have

ordinance for

FOG interceptors

Other Agencies

78

Restaurants are a very common up fit in a tenant space.

Many first-time business owners (my observation, I

cannot provide a percentage) are restaurant starters.

• It is not uncommon to underestimate the work that

may be required to make a non-restaurant tenant

space into a restaurant.

• Even a restaurant-to-a-restaurant upfit can require

considerable work if the menu changes significantly.

Other Agencies

79

It is just the nature of the beast, I liken it to the retooling

required when a car plant goes to a truck plant. They

are both automobiles, but there are significant

difference where the rubber meets the road.

• If you do this for a living, as many code officials and

design professionals do, it may seem like old hat, but

remember it is new to the person doing it for the first

time.

Other Agencies

80

It is common for very smart, capable people to get into

the restaurant business (including brew pubs) by picking

up the mechanical code and plumbing code, go to the

sections on kitchen exhaust and plumbing waste and

interceptors, and then start calling and asking what is or

is not required by code.

• However, they may get upset because the code isn’t

telling them if they need it or not, but only that, “if

you have this, then here is how you need to install it”.

Other Agencies

81

Fairly quickly we can get them informed on:

• the importance of getting their menu in order, and

• getting in contact with the Department of Health to

see what requirements there are for safe food

handling.

• And just as quickly to a design professional when

required by the statutes, but this is a tougher sell,

because we are not the jurisdiction issuing a permit.

Other Agencies

82

Some of the more common issues that arise that

interface with other departments or utilities are:

1. Do I need a grease trap or interceptor? If so, what

size, type, and location?

2. How big of a space do I need?

3. Do I need a three-compartment sink?

Other Agencies

83

These and other issues are largely menu-driven. This may seem a little “chicken or the egg” syndrome, but when you think of the breadth of restaurants out there, you can see why the mechanical code and plumbing code cannot be: • a “how to manual” for every restaurant or it would

be thousands of pages thick. • Instead, it relies on basic modules that tell someone

“if you have this, then it needs to be installed in a certain manner”.

Other Agencies

84

The reader is referred to

http://ehs.ncpublichealth.com/faf/food/index.htm for the

DHHS webpage that has a link to the NC Food Code

Manual.

• In this referenced manual, many things that have an

impact on the Building are discussed in the Food Code

Manual-see following slide for index.

http://ehs.ncpublichealth.com/faf/food/index.htm

Other Agencies

85

CHAPTER 1 PURPOSE AND DEFINITIONS 1

CHAPTER 2 MANAGEMENT AND PERSONNEL 25

CHAPTER 3 FOOD 48

CHAPTER 4 EQUIPMENT, UTENSILS, AND LINENS 103

CHAPTER 5 WATER, PLUMBING, AND WASTE 144

CHAPTER 6 PHYSICAL FACILITIES 164

CHAPTER 7 POISONOUS OR TOXIC MATERIALS 180

CHAPTER 8 COMPLIANCE AND ENFORCEMENT 187

Other Agencies

86

Fixtures regulated by the building code may be called

for in the food code.

• I.e. the food code will say what is minimally required

for safe handling of the product, and then,

• if you need refrigeration equipment, freezer

equipment, warming trays, 3-compartment sinks,

etc., then the mechanical, electrical, plumbing code

will tell you minimum requirements of what needs

to be done for a compliant installation.

Other Agencies

87

We will not go over every item, but only the most

common issue of “do I need a grease trap”. This will

depend on the following, in order of importance:

• Does my process produce Fats, oils, or greases

(FOG) that go to sewer?

• Does the providing waste utility have an ordinance

that requires a certain size, location, or type?

• If there is no ordinance, then refer to the generic

requirements of NCPC Section 1003.

Other Agencies

88

• The answers to the preceding questions will

determine the need, if any, of an interceptor or trap.

• The first question is probably the most important,

and may be a contentious issue. If there are doubts,

one can consult the local municipality as they tend

to know pretty well what congeals in their piping.

Other Agencies

89

• Some foods are obvious, other food products are

not. Such an item is ice cream. Generally not

considered grease-containing, but it is loaded with

milkfat, which is nice and light and fluffy in water

and can be a real line stopper over time.

• We tend to generically refer to a grease trap as well,

a grease trap, even though they attempt to remove

Fats, Oils, and Greases.

• If you ask too narrow of a question, you may get too

narrow of an answer.

Other Agencies

90

• I’m not saying all places serving ice cream require an

interceptor, but only it is not an exempt food from

consideration. Refer to the serving utility.

Other Agencies

91

Once the issue of FOG existence and need for removal

are answered, then the next most important thing is

to see if there is a local ordinance/requirement by the

providing waste utility.

• Many cities and towns have prescriptive

requirements for vault-style grease interceptors

and the size is based on data provided by that

utility.

Other Agencies

92

• Although the plumbing code has methods for

removing grease, NCPC 1003.2 does reference the

requirements of the local utility or health

department as a reminder to NCPC 101.5 Other

Agencies.

• Follow the requirements of the serving utility. If

they have no prescriptive requirements, then the

item in NCPC Section 1003.3.4 can be followed.

Other Agencies

93

Generic House with HVAC performance

Figure 1: Diagram - Performance of HVAC enforced by licensing board

Generic House

Building Code officials

enforce “static” portion

of install

HVAC

PHFSB enforces

“Performance of

system, which

includes Load

Calcs and

temperature

variations.

Other Agencies

94

In the light mechanical world, most code officials and

contractors are familiar with the Board of Examiners

for Plumbing, Heating, and Fire Sprinkler contractors.

• This board has board rules that are enforceable by

the Board who administers the license.

• A very common, and somewhat recent issue to

illustrate this is the NCMC Code Amendment to

NCMC 312, which clearly requires compliance with

performing a load calculation, but that the code

official is not enforcing it.

Other Agencies

95

• Although not written in the amendment, it was

done with the knowledge that the enforcement of

said code section would be by the PHFSB

(Plumbing, Heating, Fire Sprinkler Board).

• The similar issue of temperature control comes up,

homeowners call in frequently asking for the code

section that defines the maximum temperature

variances in a house, and I inform them the code is

silent on this other than referencing Manual D.

Other Agencies

96

• I point them to the PHFSB rules, which does have

guidelines for maximum temperature variations.

• These rules are enforceable by the PHFSB, but not

by the building code official.

• This is also the Board that gets called for lack of

performance of a system covered by their rules.

Other Agencies

97

• The mechanical code, and the code enforcement

official, is making sure the unit is installed, but is a

static viewing. The code official does not do a

startup for purposes of determining if the system

works as required or intended.

• They may request a startup just to verify wires are

connected, but not to see if the system cools and

heats properly.

Other Agencies

98

• However, if the system does not perform as

intended, and resolution with the installing

contractor is not accomplished, an investigation can

be performed if the client files a formal complaint.

• I like to think of it as static and dynamic.

• The code official looks at all the static items, but the

dynamic process of actually working and

performing, that is the responsibility of the

installing contractor and the enforcement is by the

PHFSB.

Other Agencies

99

• In a similar fashion, the electrical licensing board

has rules. If a unit is not connected properly via the

electrical code, (in the case where a permit is not

required), and/or the equipment does not work

properly the electrical board could perform

enforcement duties if a complaint is filed.

Other Agencies

100

Licensing Board – Health and Barbershop

• In the preceding example, people generally assume

the mechanical code covers the performance of a

system, but in reality it is the licensing board for that

trade.

• In that situation, the Building Code Council

consciously provided the authority to enforce

performance and requirements to the PHFSB.

Other Agencies

101


• A related issue is the ventilation requirements for a

hair salon, nail salon, or barbershop.

• A barbershop, hair salon, or nail salon are common

upfits in retail spaces.

• They are many times a change of use, and almost

always require far more exhaust/ventilation than

what the previous tenant space required.

Other Agencies

102


• On a number of occasions, I have had barber, nail, or

hair salon callers say their licensing board did not

require ventilation/exhaust, therefore they thought

the code official was overstepping their authority in

requiring the minimum code ventilation/exhaust be

met.

Other Agencies

103


• The North Carolina Board of Cosmetic Art Examiners,

however, does not cover ventilation other than

generic terms, and refers the requirements back to

“any federal, state and local government regulations

or ordinances regarding fire safety codes, plumbing

and electrical work”.

• So, does this mean only the fire, plumbing and

electrical code apply? I don’t think that is what

was intended.

Other Agencies

104

North Carolina Board of Cosmetic Art Examiners

https://www.nccosmeticarts.com/

https://www.nccosmeticarts.com/

Other Agencies

105

21 NCAC 14H .0302 VENTILATION AND LIGHT

(a) Ventilation shall be provided at all times in the areas

where patrons are serviced in all cosmetic art shops and

there must be a continuous exchange of air.

(b) All doors and windows, if open for ventilation, must

be effectively screened.

Other Agencies

106

21 NCAC 14H .0302 VENTILATION AND LIGHT

(c) Light shall be provided in the service area.

(d) All cosmetic art shops must adhere to any federal,

state and local government regulation or ordinance

regarding fire safety codes, plumbing and electrical

work.

History Note: Authority G.S. 88B-2; 88B-4; 88B-14;

Eff. April 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. January 13, 2015.

Other Agencies

107

21 NCAC 14H .0303 BATHROOM FACILITIES

(a) Toilet and hand washing facilities consisting of at least one commode and

one hand washing sink with hot and cold running water, liquid soap and

individual clean towels or hand air dryer shall be provided.

(b) Shops with an initial licensure date after March 1, 2012 must have toilet

and hand washing facilities in the bathroom.


Eff. April 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive

public interest Eff. January 13, 2015.

Other Agencies

108

21 NCAC 14H .0301 WATER(a) Cosmetic art shops shall have a sink with hot and coldrunning water in the clinic area, separate from restrooms.(b) When a service is provided in a room closed off by a door,the sink required in this Rule must be within 20 feet of the dooror 25 feet from the service table or chair. The restroom sink shallnot be used to meet this requirement.


Eff. April 1, 2012;

Amended Eff. June 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. January 13, 2015.

Other Agencies

109

Manufactured Housing

The Department of Insurance, Office of State Fire Marshal of

course has the Engineering –Code Services Building Code people,

but within OSFM, there is also a separate Deputy Commissioner,

Joe Sadler, that administers the Manufactured Building code, and

also administers the Modular Building requirements.

Other Agencies

110


Manufactured buildings, both commercial and residential, are a

big percentage of bldgs in NC.

• Add to this the number of mechanical, electrical, and plumbing

retrofits that need to be done each year and you can see why

there is a lot of calls from service providers concerning permits

and code requirements for making a repair or a modification to

the mechanical, plumbing or electrical system of a

manufactured house.

Other Agencies

111


NC has language in the Manufactured Building Code that requires

mechanical work to be performed in accordance with the current

NC Mechanical Code.

• There are a lot of misperceptions about work performed in a

manufactured building

• one of them is that all equipment must be listed for use within a

manufactured house.

• This is not the case.

Other Agencies

112


• However, in the listing of some products, including some, but

not all fuel burning appliances, there may be restrictions on it

being allowed for use in a manufactured building.

• Many times the ductwork is smaller than you would normally

find in a modular or stick-built house, but that just needs to be

accounted for when doing the Manual D calculations.

• Static pressure drop is dependent on more than just duct size,

but of course also cross-sectional shape and length.

Other Agencies

113


• If the Manual D calculation shows the new-unit’s fan can

overcome the system’s static pressure drop, then there are

no code issues.

• We cannot guarantee you will find a unit that meets the

requirements, but it is not automatically prohibited.

Other Agencies

114

Generic Manufactured House with field-installed HVAC

Figure 1: Diagram - Field Installed HVAC equipment in Manufactured Home

Generic Manufactured House

Mechanical Code does

cover installation

HVAC

Other Agencies

115

In the above diagram, I am simply trying to illustrate that

NC does have a manufactured building code, and it does

have language in it that cross references the mechanical

code for field –installed equipment that was not part of

the original design.

• If the equipment is field-installed, such as a package

unit, the package unit installation is subject to the

Building Code (Mechanical, Fuel Gas, Electrical)

Other Agencies

116

Modular Housing

Also administered by the Deputy Commissioner of Manufactured

Building is the Modular construction program. This is of course

different, and has different rules even though the end results

could look remarkably similar to the manufactured house. Some

key differences are:

o Modular construction has to meet the building code from

initial construction

o The modular program is broader in scope, there are even

high-rise hotels that are built under the modular program.

Other Agencies

117

Figure 1: Diagram - interface between modular and site-built construction and inspection responsibilities

Site – Built Hotel with

modular components

Where does the Local

Code Enforcement pick

up? Hotel made of

modular pods

Other Agencies

118

Modular Housing

• The modular program is very diverse, and is occurring in

places many people may not realize.

• The list goes anywhere from ATM’s, fully-equipped

mechanical penthouses to high-rise hotels.

• In many of the installations, there is also an interface

between off-site inspection (in the factory) and the

interface with on-site buildings and code officials.

• The lines of demarcation need to be clearly identified so

no responsibility is duplicated, and also nothing is

assumed to have been done by the other guy.

Other Agencies

119

Department of Agriculture

• We wrote earlier about the role the LP-Gas division of the NC

Department of Agriculture plays in LP tank locations and how

this has been this way for decades and is common in many, if

not all states.

• This section will just briefly touch on another item they

regulate and therefore have a partial impact on the building,

but is not the building code.

• Bakeries. Yep, bakeries. Although Department of Health has

regulations covering bakeries, the Department of Agriculture

covers bakeries.

Other Agencies

120

Department of Labor – Elevators and some boilers

The department of labor has two divisions that building code

officials routinely interface with – elevators and boilers. The

elevator category includes escalators, and it can become a little

tricky sometimes determine where the responsibility of

inspection for Department of Labor ends and where the Building

Code picks up. Since we are talking about mechanical and

plumbing and electrical for the most part, let’s concentrate on

that.

Other Agencies

121

Department of Labor – Elevators and some boilersThe Boiler Safety Bureau has authority for boilers in a subset of

buildings, and a subset of sizes. There is also a point of

demarcation where their inspection leaves off and the building

code officials picks up.

• From my experience, many contractors who work on the large

boilers have a good working relationship with the Boiler Safety

Bureau and we as code officials have a fairly seamless

interface.

Other Agencies

122

Department of Labor – Elevators and some boilers

Excerpt of Uniform Boiler Code – the actual statute has

a lot more exceptions than Chapter 10 lists…

Other Agencies

123

Other Agencies

124

Department of Labor – Elevators and some boilers• Recently, when we were in the basement of DOA bldg., a

contractor from Indiana sent the certificate of completion for a

large boiler generically to–State Fire Marshal.

• We got it over to the Department of Labor, but that illustrates

how something that may be familiar to us is not familiar to out

of state or even out of jurisdiction contractors or building

owners.

Other Agencies

125

Department of Labor – Elevators and some boilers• Elevator sumps

• Where in Plumbing Code is the capacity defined?

• It is not

• It is in the DOL rules

• Where in the plumbing code does it define where you can

or cannot pump the sump pump?

• It really defers to the storm drainage or sewage utility,

which may or may not have a prescriptive policy for

where to pump the water.

• Does this simple situation create some confusion that the

plumbing code is not fully tasked with addressing?

Other Agencies

126

State Construction Office – state-owned buildings

The authority having jurisdiction for state-owned

buildings is the State Construction Office.

• The building code applies to state owned buildings

(not federal, such as military), the enforcement

authority is the State Construction Office and not the

local jurisdiction where the buildings may be built.

• Keep in mind state owned can be as simple as a

Ranger’s residence at a NC State Park, all the way to

the latest research building on a state-owned

university.

Other Agencies

127

State Construction Office – state-owned buildings

In community colleges, there is also an interface with

State construction office for projects above a given size.

Above a given size (covered in the Admin Code and

Statutes, Talk to Tim Morrison), there will be County

Inspection, Plan Review by the Private Plan Review

division at OSFM, and local jurisdiction inspection.

This is not new, so It mostly works without hiccups, but

with a new contractor, new permit technician, etc, I can

see why it may be confusing at first.

Other Agencies

128

Summary• The Building Code is not a one-stop-reference

manual or how-to manual for all conceivable

operations that may take place within a building, and

it has only limited applications on the exterior of a

building.

Other Agencies

129

Summary• Several other agencies have rules, codes, statutes or

ordinances that are to be adhered to in addition to

the Building Code. To the experienced developer this

is routine, but to the low volume user or newbie, it

may seem daunting.

• The more we can, as code officials, properly cite the

correct ordinance, statute, or agency rules the better

we can improve the use of these rules without being

viewed as inconsistent.

osfm ppt template 1 - · pdf file · 2017-11-07mechanical code consultant 1. ......

Documents