Board of Appeals - December 13, 2018 Minutes
Members Present: Chairperson, Clay Dietrich, Justin Schoenberg, Mike Wild and Dave Obermiller.
Others Present: Bruce Taralson, Ryan Erickson, Leonard Beaken, Mike Moss and Gretchen Morlan.
Chairperson, Clay Dietrich, called the meeting to order.
Item 1 – Approve the Minutes of the November 29, 2018 meeting. Dave Obermiller motioned to approve the minutes of the November 29, 2018 meeting. Justin Schoenberg seconded the motion. All members present voted aye, and the motion was declared carried.
Item 2 – Unfinished Business.
Item 3 – New Business
a). Review of International Mechanical Code and International Fuel Gas Code, all Chapters.
Commercial Mechanical Inspector, Leonard Beaken, presented the International Mechanical Code and International Fuel Gas Code to the Board.
Review of the International Mechanical Code
Chapter 1
Seven local amendments exist in Chapter 1 pertaining to regarding jurisdiction, liability, fee schedules and fee refund. Staff recommends continuing all existing local AMENDMENTS in Chapter 1.
Chapter 2
Definition of “Commercial Cooking Appliance” was rewritten in an attempt to define commercial.
Pollution Control Unit. Section added and will go into detail in Chapter 5.
Chapter 3
Section 303.9 Section was added and shall be in accordance with Section 901.4, prohibiting fireplaces in Group I-2, Condition 2 occupancies.
Section 305.4 Staff recommends continuing the existing local AMENDMENT adding support within 2 feet of each turn.
Section 307.2.2 Staff recommends continuing the existing local AMENDMENT inserting “North Dakota State” Plumbing Code into text.
Chapter 4
Section 401.2 Staff recommends continuing the existing local AMENDMENT eliminating blower door tests.
Footnote (A) was added and gives the requirements of Table 401.5.
Section 403.3.2.4 Section was added and states, “Where provided within a dwelling unit, controls for outdoor air ventilation systems shall include text or a symbol indicating the systems function.”
Section 403.3.2.5 Section was added and states, “exhaust equipment serving single dwelling units shall be listed and labeled to provide the minimum required air flow in accordance with ANSI/AMCA 210–ANCI/ASHRAE 51.”
Mr. Obermiller inquired of Section 403.2.5 and whether or not there should be a date of the ASHRAE or ANSI publication to reference. Mr. Taralson stated that there is a date listed in the reference standards section in the back of the code book.
Section 404.1, Item #2 Standby at an airflow rate of not less than .05 cfm per square foot of the floor area served. Staff’s opinion is that this is for the purpose of the inspection only. With unit heaters providing heat for the space, fans wound not running continually.
Discussion ensued regarding cfm and makeup air in parking garages.
Chapter 5
Section 501.2 Added Section 505 requirements for domestic cooking operations, and Sections 506 through 509 for commercial cooking operations.
Section 502.4.1 “Hydrogen limit in rooms” was changed to “flammability limit in rooms”.
Section 502.5 Text was changed to “Ventilation of battery systems in cabinets”, and is regulated by the International Fire Code and vented in accordance with Section 502.4 of this code.
Sections 502.14 through Section 502.16.2.2 Sections pertain to motor vehicle operations, repair garage, and their ventilation requirements. Text has been re-organized.
Section 504 Text was added, “clothes dryer duct shall be sealed in accordance with Section 603.9”.
Section 504.1 Duct cannot be undiminished in size and must have an area of not less 12.5 square inches.
Section 504.8.2 Staff recommends continuing the existing local AMENDMENT deleting similar fasteners that protrude more than 1/8 inch into the inside of the duct.
Text was added, "where dryer exhaust ducts are enclosed wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation”.
Section 505 This section was added, and going back to the definitions, the code is trying to be clearer on the difference between domestic and commercial cooking ventilation requirements. This section is giving the requirements on domestic cooking appliances and the venting needed and the codes and standards which regulate them.
Section 505.4 Staff recommends continuing the existing local AMENDMENT which states only cfm in excess of 400 cfm needs to be made up. Change from Section 505.2 to Section 505.4.
Section 505.6. Language was changed to read, “in other than Group R occupancies, where domestic cooktops, ranges, and open-top broilers are used for domestic purposes, domestic cooking exhaust shall be provided”.
Section 506.5.2 Section added which states, “it is a manufactured piece of equipment installed in a grease exhaust duct system for the purpose of extracting grease particles and odors from the exhaust flow by means of series of filters”. There are 15 code regulations that must be followed. The exhaust termination can be a nuisance to the public due to an odor, PCU’s are designed to eliminate the odors.
Pollution control units have not yet been used in Fargo’s jurisdiction.
Section 507.2.6, Exception #2 Exception #2 was added and reads, “Type 1 hoods listed and labeled for clearances less than 18 inches in accordance with UL 710 shall be installed with the clearances specified by such listing”.
Sections 508.2 Staff recommends continuing the existing local AMENDMENT which states, “Short circuit compensating hoods are prohibited.”
Section 508.2.1 Staff recommends continuing the existing local AMENDMENTS which states, “Compensating hoods shall extract at least 40% of the required exhaust air flow from the kitchen area.”
Mr. Obermiller stated that hoods that have 18 inches of perforated laminar flow air, should no longer require 40% to be made up with other equipment and suggested discontinuing the local AMENDMENT. Mr. Beaken stated that he agreed with Mr. Obermiller’s recommendation to discontinue the existing local AMENDMENT as the current hoods are designed operate for makeup air on their own. Mr. Obermiller stated that he would like to see a requirement for hoods to be tempered to at least 55 degrees Fahrenheit do to the climate and extremely cold makeup air that will be present at times.
Section 510.8.1 Section was added and states, “dust collection systems must have cleanouts every 20 feet”.
Chapter 6
Section 601.5, Item #8 Item #8 was added and prohibits return air to be taken from an indoor swimming pool or its decks.
There are 2 exceptions added to Item #8:
1. States the following: “Where the air from such spaces is dehumidified in accordance with Section 403.2.1, Item 2.”
2. States the following: “Dedicated HVAC systems serving only such spaces.”
Section 602.2.1.1 Section is regarding wiring in plenums. A few words have been changed, but intent remains the same. Same with Sections 602.2.1.2 and 602.2.1.3.
Section 602.2.1.6 This section must comply with Sections 803.1.2 and 2603.9 of the International Building Code.
Three exceptions were added to Section 602.2.1.6 and they are covered in the 2015 International Mechanical Code edition, Sections 602.2.1.6.1 through 602.2.1.6.3. The sections are listed in the 2018 International Mechanical Code as exceptions.
Section 602.2.1.7 An exception has been added which states, “Plastic water distribution piping listed and labeled UL 2846”.
Section 602.2.1.8 Section has been added which states that the specimen preparation mounting procedures of ASTM E2231 must be used and cannot flame, glow, smolder or smoke when test in accordance with ASTM C411.
Section 603.5.2 This is a new type of non-metallic duct and must be installed in accordance with SMACNA phenolic duct construction standards.
Section 603.8.2 Ducts shall be sealed, secured and tested prior to concrete encasement or direct burial. Ducts shall be leak tested as required by Section C403 of the International Energy Conservation Code.
Section 603.9 Section has been modified. The code became less restrictive for sealing duct of snap-lock and button lock joints in condition spaces.
Chapter 7
Section 701.2 Staff recommends changing the existing local AMENDMENT deleting Chapter 7 in its entirety. Combustion air is covered in Chapter 3 of the International Fuel Gas Code.
Chapter 8 No changes.
Chapter 9
Section 901.4 Solid fuel-burning fireplaces and appliances in Group I-1, Condition 2 was added and states that they are prohibited.
Section 908.5 Water Supply. Staff recommends continuing the existing local AMENDMENT inserting the text “North Dakota State” Plumbing Code.
Section 929 A low-speed ceiling fan that circulates large volumes of air and that is greater than 7 feet in diameter as stated in Definitions on Page 14.
Chapter 10
Section 1006.6, Item 13 Staff recommends continuing the existing local AMENDMENT inserting the text “North Dakota State” Plumbing Code.
Section 1007.2 Staff recommends continuing the existing local AMENDMENT deleting this section in its entirety.
Section 1008.2 Staff recommends continuing the existing local AMENDMENT inserting the text “North Dakota State” Plumbing Code.
Chapter 11
Section 1104.2 Staff recommends continuing the existing local AMENDMENT adding Exception 3 to the code.
Section 1104.2.2 Exceptions 1 and 2 have been added. Both exceptions explain where detectors are not required.
Section 1107.2 Section has been modified listing 6 locations where refrigeration piping cannot be located.
Chapter 12
Section 1208.1 Exception was added. A local AMENDMENT exists in the International Residential Code that states we require a hydronic test. Staff recommends adding a local AMENDMENT to the International Mechanical Code for consistency purposes.
Section 1209.5 R-value is regulated by the International Energy Conservation Code.
Chapter 13 No changes.
Chapter 14
Chapter 14 has significantly increased in content and it was clarified that the chapter applies only to thermal solar systems. The new text relies on two newly referenced solar product standards developed and maintained by the International Code Council and the Solar Rating and Certification Corporation. The text addresses the various types of solar system designs, including direct and indirect systems and drain-back systems. Much new text was added addressing: system design and installation, protection from freezing and excess pressure and temperature, protection of potable water and building structure, piping installation and insulation, heat exchanger application, heat transfer fluids, access for roof-mounted equipment and system labeling and signage.
Section 1402.2 Roof-mounted solar thermal equipment shall not obstruct or interfere with the operation of roof-mounted equipment, appliances, chimneys, roof hatches, smoke vents, skylights and other roof penetrations and openings.
b). Review of the International Fuel Gas Code, All Chapters.
Chapter 1
Section 101.1 Title, Section 103.4 Liability, Section 106.6.2 Fee Schedule and Section 106.6.3 - Fee Refund. Staff recommends continuing all existing local AMENDMENTS to Chapter 1.
Chapter 2
Text was added: “Toilet, Gas fired, Unit Heater, Regulator-Monitoring, Regulator-Series.”
Chapter 3
Section 303.3 An existing local amendment prohibits item #3 and item #4. Staff recommends discontinuing this AMENDMENT and keeping the 2018 verbiage as is.
Section 303.3, Item #6 was added and allows gas dryers to be installed in toilet or bathrooms provided there is a minimum of 100 square inches communicating to a space which is not prohibited.
Section 303.3.1 This section regulates the requirement for gas fireplaces and appliances in Group I-2, Condition 2.
Section 304.6.1 Staff recommends continuing the existing local AMENDMENT deleting the reference to Figures 304.6.1(1) and 304.6.1(2).
Figures 304.6.1(1) and 304.6.1(2) Staff recommends continuing the existing local AMENDMENT deleting the figures in their entirety.
Figure 304.6.2 Staff recommends continuing the existing local AMENDMENT extending the duct work so that it terminates outside of the building.
Section 304.6.2 Staff recommends continuing the existing local AMENDMENT deleting spaces that freely communicate with the outdoors and the reference to see Figure 304.6.2.
Section 304.11 Item #5 Staff recommends continuing the existing local AMENDMENT which states that ducts shall not terminate in the attic space.
Section 310.2 CSST. All CSST which are not arc-resistant must be properly bonded.
Section 310.3 CSST that is arc-resistant is considered to be bonded to the appliance it is connected to. Therefore, additional bonding is not required.
Chapter 4
Section 403.3 Staff recommends continuing the existing local AMENDMENT which allows a listed LPG hose for natural gas use, up to 50 feet for temp heat only.
Section 403.10.1 The code now acknowledges and approves pro press.
Section 403.10.1.1 Staff recommends continuing the existing local AMENDMENT to added section which regulates what size pipe and how gas pressure before joints need to be welded.
Section 403.10.4 Staff recommends continuing the existing local AMENDMENT which states metallic fitting shall comply with threaded fittings in sizes 2.5 inches or larger and shall be not be used except where approved. The section number has been changed to 403.10.5.
Sections 404.11 through 404.11.4 Section has been reworded and added “dissimilar metals” and “protection of risers”.
Sections 406.4 Staff recommends continuing the existing local AMENDMENT which states that dial gauges used to measure test pressures shall be performed with gauges of 2 psi incrimination or less and have a range not exceeding 100 psi unless otherwise approved.
Section 406.4.1 Staff recommends continuing the existing local AMENDMENT allowing not less than 25 psig irrespective of design pressure.
Section 408.2 Staff recommends continuing the existing local AMENDMENT removing the requirement for a drop to be provided at the outlet of the meter and be installed to constitute a trap for accumulated condensate to shut off a flow of gas, etc.
Section 409.7 Shutoff valves installed in tubing systems shall be rigidly and securely supported independently of the tubing.
Section 411.2 Staff recommends continuing the existing local AMENDMENT deleting items 1 and 2 leaving listed and labeled connectors.
Section 411.4 Brunson burners. Listed or unlisted hoses are approved. Mr. Obermiller inquired if there is a liability within code department for inspecting Brunson burners. Mr. Taralson stated required inspections take place, but that there are many things in the code which do not require an inspection. Brunson burners fall into this category.
Section 415.1 Staff recommends continuing the existing local AMENDMENT adding the text, “In addition to the requirements of Table 415.1, piping and tubing shall be supported within 2 feet of every bend or angle.
Chapter 5
Section 501.8 Staff recommends discontinuing the existing local AMENDMENT removing Item #8 and leaving the 2018 code verbiage as is.
Section 501.12 Residential and low-heat appliances flue lining systems. Staff recommends continuing the existing local AMENDMENT to Item #1 which states clay flue lining must comply with the requirements of ASTM C 315 or equivalent when each appliance connected to the masonry chimney has a minimum input rating greater than 400,000 Btu/H. Staff recommends continuing the existing local AMENDMENT adding subsections (a) and (b) to Item #3 which list aluminum and stainless steel as other approved materials.
Section 503.4.1 Plastic piping. Plastic piping will have a UL 1738 listing and be installed in accordance with the manufactures installation instructions.
Section 503.5.3 Masonry chimneys. Staff recommends continuing the existing local AMENDMENT which states that masonry chimneys shall be built and installed in accordance with NFPA 211 and shall be lined as per Section 501.12.
Section 503.5.6.1 Chimney lining. Staff recommends continuing the existing local AMENDMENT which states chimneys shall be lined in accordance with NFPA 211 and Section 501.12.
Section 503.5.6.1, Exception. Staff recommends continuing the existing local AMENDMENT which states that when, in more than one appliance venting system the secondary appliance, such as a water heater, is replaced and the primary heating appliance remains.
Section 503.5.11 Insulation shield. Section was added but has been enforced in this jurisdiction for years as venting requires a clearance.
Table 503.8. Table was added and gives clearance requirements on direct venting.
Chapter 6
Section 614.4 Exhaust installation. Section has been added and states that clothes dryer exhaust ducts shall be sealed in accordance with Section 603.9 of the International Mechanical Code.
Section 614.4.1 Exhaust termination outlet and passageway. Section has been added that states the passageway of dryer exhaust duct terminals shall be undiminished in size and shall provide an open area of not less than 12.5 square inches.
Section 614.8.2 Duct installation. Staff recommends continuing the existing local AMENDMENT deleting the text, “Ducts shall not be joined with screws or similar fasteners that protrude more than 1/8 inch into the inside of the duct”.
The following text was added to this section, “Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation”.
Section 621 Unvented Room Heaters. Staff recommends discontinuing the existing local AMENDMENT which deleted this section in its entirety. Staff recommends leaving the 2018 code verbiage as is.
Section 623.2 Prohibited location, Item #2. Item #2 was added and states, “Where the installation is designed by a licensed professional engineer, in compliance with the manufactures installation instructions”.
Chapter 7 No changes.
Chapter 8 No changes.
Appendices A, B, C and D. No changes.
Review of Previously Covered Sections Requiring Further Review:
International Residential Code, Chapters 1-2, Presented by Bruce Taralson on September 6, 2018.
Minutes from September 6, 2018:
Section 202 A definition of GREENHOUSE has been added to recognize the unique environment of growing plants and that can be different than habitable spaces.
Mr. Fursteneau inquired if sunlight in a Greenhouse is assumed as natural light and asked Mr. Taralson how he would rule if a facility did not use natural light. Mr. Taralson stated that the code does not address whether the sun is actually out or not and it is the same with snow, the code addresses surfaces, but not whether a surface is covered with snow. Mr. Honzay inquired if it would be worth making a change so that the code stated a “lit” environment instead of a “sunlit” environment. Mr. Taralson stated that he would review the background of light and ventilation, and if there is not a normal environment of glass, the building would be considered a different environment.
Mr. Tarlason stated that he further researched greenhouses, however, he noted that there is not information in the light and ventilation requirements regarding greenhouses. He stated that there are some differences between mercantile greenhouses and assembly type greenhouses. Mr. Taralson furthered that all glass must comply with glass requirements and all plastic must comply with plastic requirements, however, he did not see an issue with leaving the verbiage of the code as is.
International Building Code, Chapters 11-15, Presented by Doug Desotel September 20, 2018.
Minutes from September 20, 2018:
Section 1206 Sound Transmission. This section was previously deleted from the 2015 International Building Code. The Inspections Department would like the Board to make the determination whether or not this section should be re-added to the 2018 International Building Code. Staff recommends removing the AMENDMENT deleting this section in its entirety.
Mr. Taralson stated that after review of the Gypsum manual, which provides data on sound testing, he found that most of the floor assemblies did comply, however, most wall assemblies did not. He furthered explained that buildings built out of steel seem to comply, but wood does not. Mr. Taralson stated that he believed that the previous Inspections Administrator removed this section as only some buildings meet the sound requirements and sound testing is not a required inspection. Mr. Taralson stated that he recommends continuing the existing local AMENDMENT deleting this section in its entirety.
The Board requested that this topic be tabled and further discussed before making a recommendation.
International Building Code, Errata, September 20, 2018.
Minutes from September 20, 2018:
Mr. Taralson stated that he will create a report on errata showing how changes were viewed in the past and how they can be viewed during the current hearing cycle. He furthered that most errata are numerical or spelling corrections. Mr. Erickson stated that an erratum does not change the intent of the code. Further discussion ensued regarding the number of edition printed and notations of errata in the code.
Mr. Taralson stated that the International Code Council does not provide anything in writing regarding the appropriate definition of errata. He furthered that errata is continually happening and fixing errors in code, but never changing the intent of the code.
Item 4 – Staff Reports. There were no staff reports at this time. Mr. Taralson reminded all in attendance that there is not a meeting on December 27, 2018.
Mr. Dietrich requested that Board members notify Gretchen Morlan of any scheduled vacations in order to ensure that a quorum is present at upcoming meetings.
Item 5 – Adjournment. Mike Wild motioned to adjourn the meeting. Justin Schoenberg seconded the motion. All members present voted aye, and the motion was declared carried.
Respectfully submitted,
Bruce Taralson, Board Secretary