HomeMy WebLinkAboutResolution - 1213 - Petition For Exeption - Building Inspection - Space Heaters Safety Standards - 09/23/1982RESOLUTION 1213 - 9/23/82
KJ: da
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on .behalf of the City of Lubbock a Petition for
Exemption in the matter of Petition of Building Inspection Department, City
of Lubbock, Texas, for exemption from 15 U.S.C. § 2075(a) as it applies to
commission safety standards requiring oxygen depletion safety shutoff systems
(ODS) for urrvented space heaters (16 C.R.F. Part 1212), attached herewith
which shall be spread upon the =inutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 23rd day of Sep nber ,1982.
r
BILL McALISTER, MAYOR
;ATTEST:
iE elyn Ga fga, ty -Treasurer
!APPROVED AS TO CONTENT:
Coker, Building Official
VED AS TO FORM:
Ken johnsron, Assistant City Attorney
RESOLUTION 1213 - 9/23/82
CITY Sc -'RETARY-TREASURER
IN THE MATTER OF
§
PETITION OF BUILDING INSPECTION
§
DEPARTMENT, CITY OF LUBBOCK,
§
TEXAS, FOR EXEMPTION FROM
§
15 U.S.C. § 2075(a) AS IT APPLIES
§ DOCKET NO.
TO COMMISSION SAFETY STANDARDS
§
REQUIRING OXYGEN DEPLETION
§
SAFETY SHUTOFF SYSTEMS (ODS)
§
FOR UNVENTED SPACE HEATERS
§
(16 C.R.F. Part 1212)
§
PETITION FOR EXEMPTION
COMES NOW PETITIONER, Building Inspection Department of and on
behalf of the City of Lubbock, Texas, and respectfully petitions
the Consumer Product Safety Commission, hereinafter referred to as
the Commission, for a rule exempting Section 807, Uniform Mechanical
Code, 1967, incorporated into law by the City of Lubbock, Texas at
Section 33A-1, Lubbock Code of Ordinances, Volume II, from the
preemption provisions of 15 U.S.C. §2075(a), and in support thereof
sets forth as follows:
1. Petitioner is a department of the City of Lubbock, a
political subdivision of the State of Texas, pursuant to Section
33A-1, Lubbock Code of Ordinances, Volume II and the Uniform
Mechanical Code, 1967, with authority to promulgate and enforce
safety standards and regulations with respect to gas-fired and
fuel -burning heating appliances.
2. Following is the local regulation applicable to unvented
gas-fired and fuel -burning room heaters, including date of enact-
ment, citations,. and Petitioner's authority and responsibility with
respect to such regulation:
Uniform Mechanical Code, 1967 Edition, (drafted and proposed
by representatives from International Conference of Building
Officials (ICBG), International Association of Plumbing and
Mechanical Officials (IAPMO) and National Air Conditioning,
Heating, Ventilating and Refrigeration Officials (NACHVRO)),
Section 807(c):
(c) Unvented. No unvented fuel -burning room heater
shall be installed, used, maintained, or permitted to
exist in any Group D, H, or I Occupancy nor shall any
such heater be installed in any building, whether as a
new or as a replacement installation, unless permitted
by this Section.
The Uniform Mechanical Code was adopted into law by the City of
Lubbock, Texas by Ordinance No. 5462, Section 1, enacted March 23,
1968. Exact provisions found in subsequent editions have also been
followed by the City of Lubbock.
Petitioner's authority and responsibility with respect to such
regulations is located at Sections 33A-2 and 33A-3, Lubbock Code of
Ordinances, Volume II:
Sec. 33A-2. "Building official" defined.
The term "building official" as used in the Uniform
Mechanical. Code, 1967 Edition, as adopted shall mean the
building inspector of the City of Lubbock or his authorized
representative. (Enacted by: Ord. No. 5462, §3, 3-23-68)
Sec. 33A-3. Powers of building inspector.
Whenever in the Uniform Mechanical Code, 1967 Edition, as
adopted, it is provided that anything must be done to the
approval of or subject to the direction of the building in-
spector, this shall be construed to give such officer only the
discretion of determining whether the rules and standards
established by this code have been complied with; and no such
provision shall be construed as giving any officer discretion-
ary powers as to what such regulations or standards shall be,
or power to require conditions not prescribed by the code or
to enforce code provisions in an arbitrary ordiscriminatory
manner. (Enacted by: Ord. No. 5462, §4, 3-23-68)
3. On August 17, 1980, the Commission published in the
Federal Register a final rule entitled "Safety Standards Requiring
Oxygen Depletion Safety Shutoff Systems (ODS) For Unvented Gas-
fired Space Heaters". See 45 Fed. Reg. 61880 (Aug. 17, 1980),
codified as 16 C.F.R. Part 1212 (1981). See also 46 Fed. Reg.
68930 (Oct. 17, 1980); 46 Fed. Reg. 10458 (Feb. 3, 1981): 46 Fed.
Reg. 2969.2 (June 3, 1981), extending effective date to 12/31/81.
4. The standard set forth in paragraph 2,. supra, provides a
significantly higher degree of protection from the risk of carbon
monoxide poisoning from Unvented gas-fired space heaters than does,-'
the Commission's standard set in paragraph 3, supra., in the fol-
lowing respects:
(1) The regulation referenced in 2 above is a restriction of
installation in that it requiresthat unvented gas-fired or
fuel -burning room heaters be listed and comply with recognized
safety standards. Recognized safety standards, as
referenced in 2 above, contain limitations on carbon monoxide
productions as well as other safety-related requirements.
The Commission's standard contains no direct limitations on
carbon monoxide production nor any other safety-related re-
quirements.
Petitioner respectfully submits that the standard set
forth in paragraph 2 provides a significantly higher degree
of protection from the risk of carbon monoxide poisoning and
overall consumer safety than does the Commission's standard
set forth in paragraph 3. It is also our understanding that
after December 31, 1981, all newly produced unvented gas-
fired room heaters design certified as complying with ANSI
Z21.11.2 by the American Gas Association will comply with
standards which require an ODS and are more stringent in all
safety aspects than the Commission standard."
(2) The regulation referenced in 2 above totally bans instal-
lation of unvented gas-fired or fuel -burning room heaters.
This ban is based on the potential for carbon monoxide poison-
ing coincident with improper adjustment , poor maintenance, or
use of such heaters. The Commission's standard contains no
direct limitations on carbon monoxide production nor any other
safety-related requirements. The Commission's standard does
not even go so far as to require compliance with recognized
safety standards.
Petitioner respectfully submits that the standard set
forth in paragraph 2 provides a significantly higher degree
of protection from the risk of carbon monoxide poisoning
and overall consumer safety than does the Commission's
standard set forth in paragraph 3.. It is also our under-
standing that after December 31, 1981, all newly produced
unvented gas-fired room heaters design certified as comply-
ing with ANSI Z21.11.2 by the American Gas Association will
comply with standards which require an ODS and are more
stringent in all safety aspects than the Commission standard.
(3) The regulation referenced in 2 above bans installation
of unvented gas-fired or fuel -burning room heaters in sleep-
ing rooms, bathrooms, homes for the aged, nursing homes,
rooms for transients, motels, etc. This is a restriction of
installation based on the potential for carbon monoxide
poisoning, burn hazard, clothing ignition potential and general
safety of persons forced to be in close proximity to or un-
familiar with the use of unvented room heaters. The Com-
mission's standard contains.no direct limitations on carbon
monoxide production nor any other safety-related requirements.
The Commission's standard does not even go so far as to re-
quire compliance with recognized safety standards.
Petitioner respectfully submits that the standard set
forth in paragraph 2.provides a significantly higher degree of
protection from the risk of carbon monoxide poisoning and
overall consumer safety than does the Commission's standard
set forth in paragraph 3. It is also our understanding
that after December 31, 1981, all newly produced unvented
gas-fired room heaters design certified as complying with
ANSI Z21.11..2 by the American Gas Association will comply
with standards which require an ODS and are more stringent
in all safety aspects than the Commission standard.
(4) The rule referenced in 3 above does not appear to resolve
the following questions:
(a) What height above the floor must the ODS .(oxygen
depletion sensing system) be installed? Toxic and
potentially lethal gases rise and then fill the space
from top-down. What effect would a low.placement (ODS)
height have on people sleeping on average height beds
or on bunk beds?
(b) Building construction today significantly restricts
the number of air changes per hour (by infiltration) due
to energy conservation concerns. The chances of CO
poisoning in a building with four (4) air changes per
hour is significantly less than the hazard associated
with the building with only one (1) to two (2) air changes
per hour. How can adequate supply of air be furnished
(guaranteed) in the "tight" structure?
(c) How is the installation, supervision and inspection
of units complying with 3.above to be accomplished?
(d) How can a manufacturer determine what effect
natural gas (as compared to "typical fuel gas") in the
Lubbock area will have upon the ODS or the rest of the
gas regulation assembly? How are other factors; such as
gas pressure, atmospheric pressure, drafts and temper-
ature going to affect the ODS and the rest of the system?
5. Enforcement of the standard set forth in paragraph 2,
supra, will not unduly burden interstate commerce because the regu-
lation has been in effect for fourteen (14) years.
i
j 6. Pursuant to 15 U..S.C. §2075(a), petitioner may lack
authority to enforce the regulation set forth in paragraph 2, supra.
7. Pursuant to 15 U.S.C. §2075(c), the Commission has the
authority, after notice and opportunity for oral presentation of
views, to grant the relief requested.
WHEREFORE, Petitioner respectfully petitions the Commission to
issue a rule exempting Section 807(c), Uniform Mechanical Code,
1967 Edition, incorporated into law by Section 33A-1, Lubbock Code
of Ordinances, Volume II, Lubbock, Texas, from the preemption
provisions of 15 U.S.C. §2075(a).
Respec y sub 'tte ,
LL c ISTER, MAYOR
CITY OF LUBBOCK, TEXAS
APPROVED AS TO FORM:
i�w✓�n/
Ken Johnson, Assistant M KE COKE BUILDING OFFICIAL
City Attorney, City of Lubbock CITY OF LUBBOCK, EXAS
OM FOSTER, FIRE CHIEF
CITY OF LUBBOCK, TEXAS