1

November 24, 2014

Paul Cabot Administrator National Fuel Gas Code American Gas Association 400 N. Capitol Street NW Washington DC 20001

Re: IAPMO Standards Council Decision Docket #09-15, #10-15, #11-15, #12-15, #13-15,

#14-15 Date of Decision: November 13, 2014* Uniform Mechanical Code Items #196, #204, #333, #339, #341 (Public Comment 1), #341 (Public Comment 2)

Dear Mr. Cabot:

I am transmitting to you herewith the following decision of the IAPMO Standards Council. At 11:00 a.m. at their meeting on November 12, 2014, the IAPMO Standards Council considered your appeals on behalf of the American Gas Association requesting publication of the 2015 Uniform Mechanical Code without amendments approved and final actions taken by the UMC Technical Committee, respectively, to the Items referenced above. The Council notes that with Appellant’s consent the above-referenced six appeals were consolidated into one hearing, because they all present the same issues. This decision provided herein reflects the complete deliberation of the Council with respect to these Items. Summary of Technical Committee Actions For a summary of actions taken with respect to each of the Items at issue please refer to Exhibit A attached hereto. Analysis of Appeal Appellant contends that the Technical Committee’s actions taken on each of the six items referenced above creates or continues a “conflict between ANSI Standards [that] violates the goal of the American National Standards Institute to promote a cohesive family of American Standards.” Appellant contends that the IAPMO Extract Guidelines1 prohibited the Mechanical Technical Committee from acting as they did on the Items at issue. Appellant further contends that the Mechanical TC’s alleged failure to abide by the Extract Guidelines creates a conflict between the UMC and National Fuel Gas Code.

1 The Extract Guidelines were adopted by the IAPMO Standards Council on December 1, 2001, and were amended on September 16, 2003; December 16, 2003; in November 2006 and again in November 2007. A copy of same are on file with ANSI as part of the ANSI accredited IAPMO procedures.

On an appeal, the Standards Council accords great respect and deference to the IAPMO ANSI-accredited Regulations Governing Committee Projects. In conducting its review of the issues presented, the Standards Council will overturn the result recommended through the consensus process only where a clear and substantial basis for doing so is demonstrated. The Council reviewed the entire record concerning the issues raised in these Appeals and the Council has considered all arguments presented in the written appeal and presented during the hearing. I. Application of the IAPMO Extract Guidelines Appellant argued at the hearing that the purpose of the IAPMO Extract Guidelines is two-fold: to timely update the extracts that appear in the Uniform Mechanical Code and to avoid conflicts between ANSI standards. The Standards Council disagrees. The purpose of the Extract Guidelines is stated below:

(A) General (1) Scope. This guideline provides guidance to Technical Committees (TCs) for extracting text from other documents whose TCs have primary jurisdiction for the subject covered. This guideline is intended to apply to extraction among IAPMO documents, and documents between IAPMO and other ANSI-accredited standards developing organizations that are working with IAPMO to harmonize and/or coordinate their respective documents. The Extract Guidelines are meant to supplement but not conflict with IAPMO’s Regulations Governing Committee Projects.

Thus, the Guidelines go into effect when the Committee decides to include extracted material. The Guidelines do not require that the Committee utilize extracts. If and when they do, the Committee would consider utilizing extracted text from the most current edition of the source document. Further, the Council does not agree that the Extract Guidelines are to be applied to overrule a Technical Committee decision on the appropriate text which is to be included in the standard. Upon careful review of the entire record and Extract Guidelines, the Council concludes that the Mechanical TC correctly applied the Extract Guidelines with regard to the subject material at issue and the Council finds that there was no violation of such Guidelines. In the opinion of the Council, the Extract Guidelines permit, but do not require, the extraction of a series of specific thoughts on a particular issue. So long as a specific thought, in and of itself, is not compromised, the committee is free to determine which thoughts, from a series of thoughts, will be extracted. In the six Items at issue, the committee has chosen to extract verbatim some of the thoughts contained in the National Fuel Gas Code. In doing so, the specific thoughts extracted have not been compromised and the committee’s decision not to extract other thoughts but to address such issues in a different manner is in keeping with the Extract Guidelines. Appellant asserts that the Technical Committee violated the IAPMO Extract Guidelines when the Committee made technical revisions to extracts. The Council finds in the alternative: when the Committee revised the extracted language the resulting text ceased to be an extract. The text was given no recognition as an extract, and the text is not subject to the Extract Guidelines at all. Appellant contends that IAPMO’s Extract Guidelines provide no assurance that extracts are “protected” from revision by the Technical Committee but in the opinion of the Council, the

3

Guidelines do protect extracts that the TC intends to include within the document as extracts. In the Items at issue, in no case is the Committee revising an extract and maintaining the designation of said text as an extract. This is a crucial distinction. As stated earlier, Section A(1) Scope of the Extract Guidelines states:

The Extract Guidelines are meant to supplement but not conflict with IAPMO’s Regulations Governing Committee Projects.

Section (B) Procedures for Updating Extracts states:

If the extracting committee does not wish to include the updated extract, the committee shall delete the existing extract from its document…

Thus, the Extract Guidelines are applicable only after the TC has decided, in its collective wisdom, to include an extract in the first place. The Technical Committee is charged with working within the framework of the ANSI Essential Requirements including Essential Requirements Section 2.4 addressing coordination and harmonization between and among existing American National Standards and candidate American National Standards. That charge does not override the committee’s discretion to determine whether a particular extract is to be included in the document. II. Assertion of a Conflict

The Council takes note of the ANSI definition of a “conflict,” revised as of 2008:

Conflict within the ANS process refers to a situation where, viewed from the perspective of a future implementer, the terms of one standard are inconsistent or incompatible with the terms of the other standard such that the implementation of one standard under terms allowable under that standard would preclude proper implementation of the other standard in accordance with its terms.2

In applying this specific definition of a “conflict” to the facts at issue in the six appealed Items before the Council, the Council does not find any instance of a conflict nor is there evidence that would support a contrary conclusion. With regard to Appellant’s assertion that the committee’s action will result in a conflict between the 2015 edition of the Uniform Mechanical Code and the National Fuel Gas Code, the Council finds no conflict. In the opinion of the Council, the issues addressed by the challenged text are properly within the scope of the UMC. Further, the installation requirements set forth in the text adopted by the Mechanical TC are not mutually exclusive with the requirements contained within the National Fuel Gas Code. In other words, with regard to the specific text at issue, an implementer in the field would be able to comply with the requirements of the Uniform Mechanical Code without being found in violation of the requirements contained in the National Fuel Gas Code. Thus, no conflict is seen to exist between the two codes and the conflict resolution provisions of ANSI Essential Requirements Section 2.4 are not triggered.

2 ANSI Essential Requirement 2.4.1

4

III. Willingness of other SDOs to participate in IAPMO’s Process With regard to Appellant’s assertion that SDO’s will be less likely to participate in the ongoing development of the Uniform Mechanical Code, the Standards Council is mindful of the value and wisdom that those organizations provide as members of IAPMO’s Technical Committee and as participants in IAPMO’s code development process. Although the Council believes it is important to have all stakeholders participate, the Council’s decision must be based on the IAPMO Regulations working within the framework of the ANSI Essential Requirements without undue consideration of extrinsic influence. Final Decision In consideration of the aforesaid, the Standards Council has voted to reject Appellant’s request for relief with regard to the actions taken by the UMC Technical Committee on Items #196, #204, #333, #339, and #341 (Public Comments 1 and 2). The Council does not overturn the result recommended by the consensus process. The effect of this decision is that the Committee’s final actions with respect to the aforementioned Items will be included within the 2015 edition of the Uniform Mechanical Code as more specifically set forth in Exhibit A. Based on the foregoing analysis, the Standards Council declines Appellant’s requested relief of a revision of the IAPMO Regulations Governing Committee Projects. The Standards Council encourages Appellant and the public to bring forth any evidence of a conflict (as defined by ANSI) to the attention of the Council. If and when such evidence is presented to the Council, the appropriate Technical Committee will be tasked with addressing the conflict. The Council shares the Appellant’s vision of a cohesive family of American National Standards and believes such cohesion best serves the interests of public health and safety. Sincerely,

Gabriella Davis Secretary, Standards Council cc: Neil Bogatz, Sr. VP & General Counsel Monte Bogatz, VP & Associate General Counsel Lynne Simnick, VP Code Development Hugo Aguilar, Staff Liaison Mechanical Technical Committee Standards Council Curtis Dady, Viega LLC *NOTE: Participants in IAPMO’s codes and standards making process are advised that limited review of this decision may be sought from the IAPMO Board of Directors. For the rules describing the available review and the method for petitioning the IAPMO Board of Directors for review, please consult Section 1-7 of the IAPMO Regulations Governing Committee Projects and the IAPMO Regulations Governing Petitions to the Board of Directors from Decisions of the Standards Council. Notice of the intent to file such a petition must be submitted to the Petitions Clerk of the Board of Directors within 15 calendar days of the Date of Decision noted in the subject line of this letter. As the Thanksgiving Holiday falls on that day, the deadline has been extended to December 1, 2014. As the Uniform Mechanical Code is designated as an American National Standard (ANS), any persons who have directly and materially affected interests by this decision have the right to appeal to ANSI in accordance with ANSI procedures.

5

Exhibit A

Summary of Technical Committee Actions Appeal Docket #09-15; Item #196 UMC Sections 902.1 and 904.2 The 2013 Report on Proposals (ROP) published the results of the first committee ballot on Item #196, a code change proposal requesting to amend Sections 902.1 “Nonindustrial Gas Appliance;” 903.3 “Clearances for Indoor Installation;” 903.6 “Refrigeration Coils;” 904.2 “Clearance;” 904.5 “Low-Water Cutoff;” 904.8 “Refrigeration Coils;” and 1311.13.5 “Installation of Gas-Mixing Machines.” At the meeting, a majority of the committee members were in support of accepting the proposal as submitted. However, upon written ballot of the Mechanical Technical Committee, the ballot did not achieve a two-thirds affirmative vote to amend the aforementioned sections as requested by the proposal. Thus, the Regulations Governing Committee Projects notes:

4-3.5.2 Technical Committee Balloting on Proposals. TC action on Proposals shall be submitted to a ballot of the TC (see 3-3.4). The decision to segment the Report (i.e., ballot the Report other than as a whole) shall be made by either the Chair or by a vote of more than one-third of the voting Members of the TC at its meeting. If the ballot is taken on the Report as a whole, at least two-thirds of the voting Members calculated in accordance with 3-3.4.5 must agree with the TC action for the ROP to be published for public review and comment. If the ballot is taken other than on the Report as a whole and the ballot result does not confirm the TC action on a Proposal by a two-thirds affirmative vote, the ROP shall be published with a specific request for public comment on that Proposal and the Proposal shall be reconsidered by the TC as a public comment. The Council Secretary shall be notified of negative votes based on procedural grounds. The results of the ballot, including the technical reasons for negative votes, shall be included in the ROP. The Staff Liaison may paraphrase the reasons for negative votes for the purpose of the ROP. (emphasis added)

At their second meeting, a majority of the Technical Committee was in support of accepting the Public Comment, which sought to reject the proposal. Upon written ballot of the Mechanical Technical Committee, they affirmed their decision to accept the Public Comment, which rejected the original code change proposal. The 2014 Report on Comments (ROC) published the results of the second committee ballot on the Public Comment to Item #196. That ballot reported a vote of 19 affirmative; 2 negative; 1 not returned to accept the public comment as submitted. At the Association Technical Meeting Convention, a motion was made to accept an identifiable part of the code change proposal. The motion passed, resulting in a membership recommendation to the Technical Committee to accept an identifiable part of the original code change proposal. The effect of the membership recommendation was to accept the original proposal with the exception of striking the phrase “terms of their listing” from Sections 902.1, 903.3, and 904.2. Following the Association Technical Meeting Convention, the Technical Committee was issued a ballot on whether they agreed with the membership’s recommendation. On this, their final ballot, the committee agreed with the membership by a vote of 13 affirmative; 6 negative; and 1 abstention.

6

There was no further action taken on this item, thus the process recommendation is the committee’s final action following the Association Technical Meeting Convention.

Result for #09-15 The 2015 UMC at Sections 902.1 and 904.2, the subject sections of this appeal, will read as follows: 902.1 Nonindustrial Gas Appliance. This chapter is applicable primarily to nonindustrial-type appliances and installations and, unless specifically indicated, does not apply to industrial-type appliances and installations. Listed appliances shall be installed in accordance with their listing and the manufacturer’s installation instructions or, as elsewhere specified in this chapter, as applicable to the appliance. Unlisted appliances shall be installed as specified in this part as applicable to the appliances. For additional information concerning particular appliances and accessories, including industrial types, reference can be made to the standards listed in Chapter 17. 904.2 Clearance. Central heating boilers and furnaces shall be provided with clearances in accordance with the following: (1) Listed central heating furnaces and low-pressure boilers shall be installed with clearances in

accordance with the terms of their listings and the manufacturer’s installation instructions. (2) Unlisted central-heating furnaces and low-pressure boilers shall be installed with clearances from

combustible material not less than those specified in Table 904.2. [NFPA 54:10.3.2.2] (3) Listed and unlisted central heating furnaces and low-pressure boilers shall be permitted to be installed

with reduced clearances to combustible materials, provided that the combustible material or appliance is protected in accordance with Table 802.7.3.4(2) and Figure 904.2(1) through Figure 904.2(3), and such reduction is allowed by the manufacturer’s installation instructions. [NFPA 54:10.3.2.3]

(4) – (5) (remaining text unchanged) (6) The clearance to these appliances shall not interfere with combustion air, draft hood clearance and

relief, and accessibility for servicing. [NFPA 54:10.3.2.6] (7) (remaining text unchanged) (8) Supply air ducts connecting to unlisted central heating furnaces equipped with temperature limit

controls with a maximum setting of 250°F (121°C) shall have a minimum clearance to combustibles of 6 inches (152mm) for a distance of not less than 6 feet (1829mm) from the furnace supply plenum. Clearance shall not be required beyond the 6 feet (1829mm) distance. [NFPA 54:10.3.2.8]

(9) (remaining text unchanged) Appeal Docket #10-15; Item #204 UMC Sections 905.1, 907.2, 908.2, 911.1, 912.1, 913.1, 913.3, 914.2, 916.1.1, 916.1.2, 916.2.1, 916.2.2, 917.1, 919.3, 921.1, 922.2, 924.3, 926.1, 927.2, 927.2.1, and 928.1 The 2013 Report on Proposals (ROP) published the results of the first committee ballot on Item #204, a code change proposal requesting to amend the following Sections: 905.1 “Clearance” 907.2 “Installation” 908.2 “Installation” 910.1 “Application” 910.7 “Relief Openings” 911.1 “Clearances” 911.6 “Duct Furnaces Used with Refrigeration Systems” 912.1 “Installation” 913.1 “Clearance for Listed Appliances” 913.2 “Clearance for Unlisted Appliances”

7

913.3 “Mounting on Combustible Floor” 914.2 “Clearance for Listed Appliances” 916.1.1 “Clearance from Combustible Material” 916.1.2 “Vertical Clearance Above Cooking Top” 916.2.1 “Installation” 916.2.2 “Vertical Clearance” 917.1 “Clearance for Listed Appliances” 917.5 “Appliance Pressure Regulators” 919.3 “Clearance” 921.1 “Listed Units” 922.2 “Clearance” 924.3 “Clearance” 926.1 “Clearance” 927.2 “Clearance” 927.2.1 “Floor-Mounted-Type Unit Heaters” 928.1 “Installation” At the meeting, a majority of the committee members were in support of accepting the proposal as submitted. However, upon written ballot of the Mechanical Technical Committee, the ballot did not achieve a two-thirds affirmative vote to amend the aforementioned sections as requested by the proposal. Thus, the Regulations Governing Committee Projects notes:

4-3.5.2 Technical Committee Balloting on Proposals. TC action on Proposals shall be submitted to a ballot of the TC (see 3-3.4). The decision to segment the Report (i.e., ballot the Report other than as a whole) shall be made by either the Chair or by a vote of more than one-third of the voting Members of the TC at its meeting. If the ballot is taken on the Report as a whole, at least two-thirds of the voting Members calculated in accordance with 3-3.4.5 must agree with the TC action for the ROP to be published for public review and comment. If the ballot is taken other than on the Report as a whole and the ballot result does not confirm the TC action on a Proposal by a two-thirds affirmative vote, the ROP shall be published with a specific request for public comment on that Proposal and the Proposal shall be reconsidered by the TC as a public comment. The Council Secretary shall be notified of negative votes based on procedural grounds. The results of the ballot, including the technical reasons for negative votes, shall be included in the ROP. The Staff Liaison may paraphrase the reasons for negative votes for the purpose of the ROP. (emphasis added)

At their second meeting, a majority of the Technical Committee was in support of accepting the Public Comment, which sought to reject the proposal. Upon written ballot of the Mechanical Technical Committee, they affirmed their decision to accept the Public Comment, which rejected the original code change proposal. The 2014 Report on Comments (ROC) published the results of the second committee ballot on the Public Comment to Item #204. That ballot reported a vote of 19 affirmative; 2 negative; 1 not returned to accept the public comment as submitted. At the Association Technical Meeting Convention, a motion was made to accept an identifiable part of the code change proposal. The motion passed, resulting in a membership recommendation to the Technical Committee to accept an identifiable part of the original code change proposal, which resulted in accepting the original proposal with the exception of striking the requirement for “terms of their listing” from Sections 905.1, 907.2, 908.2, 911.1, 912.1, 913.1, 913.3, 914.2, 916.1.1, 916.1.2, 916.2.1, 916.2.2, 917.1, 919.3, 921.1, 922.2, 924.3, 926.1, 927.2, 927.2.1, and 928.1.

8

Following the Association Technical Meeting Convention, the Technical Committee was issued a ballot on whether they agreed with the membership’s recommendation. On this, their final ballot, the committee agreed with the membership with a vote of 14 affirmative; 6 negative. There was no further action taken on this item, thus the process recommendation is the committee’s final action following the Association Technical Meeting Convention.

Result for #10-15 The 2015 UMC at Sections 905.1, 907.2, 908.2, 911.1, 912.1, 913.1, 913.3, 914.2, 916.1.1, 916.1.2, 916.2.1, 916.2.2, 917.1, 919.3, 921.1, 922.2, 924.3, 926.1, 927.2, 927.2.1, and 928.1 will read as follows: 905.1 Clearance. The installation of clothes dryers shall comply with the following requirements: (1) Listed Type 1 clothes dryers shall be installed with a clearance of not less than 6 inches (152 mm)

from adjacent combustible material. Clothes dryers listed for installation at reduced clearances shall be installed in accordance with their listing and the manufacturer’s installation instructions. Type 1 clothes dryers installed in closets shall be listed for such installation.

(2) – (3) (remaining text unchanged) 907.2 Installation. A decorative appliance for installation in a vented fireplace shall be installed in a vented fireplace having a working chimney flue and constructed of noncombustible materials. These appliances shall not be thermostatically controlled [NFPA 54:10.6.2]: (1) A listed decorative appliance for installation in a vented fireplace shall be installed in accordance with

its listing and the manufacturer’s installation instructions. (2) (remaining text unchanged) [NFPA 54:10.6.2.2] (3) (remaining text unchanged) [NFPA 54:10.6.2.3] 908.2 Installation. The installation of vented gas fireplaces shall comply with the following requirements: (1) Listed vented gas fireplaces shall be installed in accordance with their listing and the manufacturer’s

installation instructions and where installed in or attached to combustible material shall be specifically listed for such installation.

(2) – (4) (remaining text unchanged) 911.1 Clearances. The installation of duct furnaces shall comply with the following clearance requirements: (1) Listed duct furnaces shall be installed with clearances of not less than 6 inches (152 mm) between

adjacent walls, ceilings, and floors of combustible material and the furnace draft hood. Furnaces listed for installation at lesser clearances shall be installed in accordance with their listings and the manufacturer’s installation instructions. In no case shall the clearance be such as to interfere with combustion air and accessibility.

(2) (remaining text unchanged) 912.1 Installation. The installation of floor furnaces shall comply with the following requirements: (1) Listed floor furnaces shall be installed in accordance with their listing and the manufacturer’s

installation instructions. (2) – (3) (remaining text unchanged) 913.1 Clearance for Listed Appliances. Listed floor-mounted food service appliances, such as ranges for hotels and restaurants, deep-fat fryers, unit broilers, kettles, steam cookers, steam generators, and baking and roasting ovens, shall be installed not less than 6 inches (152 mm) from combustible material except that not less than a 2 inch (51 mm) clearance shall be maintained between a draft hood and

9

combustible material. Floor-mounted food service appliances listed for installation at lesser clearances shall be installed in accordance with its listing and the manufacturer’s installation instructions. Appliances designed and marked, “For use only in noncombustible locations,” shall not be installed elsewhere. 913.3 Mounting on Combustible Floor. (1) Listed floor-mounted food service appliances that are listed specifically for installation on floors

constructed of combustible material shall be permitted to be installed on combustible floors in accordance with its listing and the manufacturer’s installation instructions.

(remaining text unchanged) 914.2 Clearance for Listed Appliances. Listed food service counter appliances such as hot plates and griddles, food and dish warmers, and coffee brewers and urns, where installed on combustible surfaces, shall be set on their own bases or legs and shall be installed with a horizontal clearance of not less than 6 inches (152 mm) from combustible material, except that not less than a 2 inches (51 mm) clearance shall be maintained between a draft hood and combustible material. Food service counter appliances listed for installation at lesser clearances shall be installed in accordance with their listing and the manufacturer’s installation instructions. 916.1.1 Clearance from Combustible Material. The clearances specified as follows shall not interfere with combustion air, accessibility for operation, and servicing: (1) Listed floor-mounted household cooking appliances, where installed on combustible floors, shall be

set on their own bases or legs and shall be installed in accordance with their listing and the manufacturer’s installation instructions.

(2) (remaining text unchanged) (3) Listed household cooking appliances that include a solid or liquid fuel-burning section shall be spaced

from combustible material and otherwise installed in accordance with their listing and the manufacturer’s installation instructions for the supplementary fuel section of the appliance.

(4) (remaining text unchanged) 916.1.2 Vertical Clearance Above Cooking Top. Household cooking appliances shall have a vertical clearance above the cooking top of not less than 30 inches (762 mm) to combustible material or metal cabinets. A minimum clearance of 24 inches (610 mm) is permitted where one of the following is installed: (1) – (2) (remaining text unchanged) (3) A listed cooking appliance or microwave oven installed over a listed cooking appliance shall be in

accordance with the terms of the upper appliance’s listing and the manufacturer’s installation instructions.

916.2.1 Installation. Listed built-in household cooking appliances shall be installed in accordance with their listing and the manufacturer’s installation instructions. The installation shall not interfere with combustion air, accessibility for operation, and servicing. Unlisted built-in household cooking appliances shall not be installed in or adjacent to combustible material. 916.2.2 Vertical Clearance. Built-in top (or surface) cooking appliances shall have a vertical clearance above the cooking top of not less than 30 inches (762 mm) to combustible material or metal cabinets. A clearance of not less than 24 inches (610 mm) is permitted where one of the following is installed: (1) – (2) (remaining text unchanged) (3) A listed cooking appliance or microwave oven installed over a listed cooking appliance shall be in

accordance with the terms of the upper appliance listing and the manufacturer’s installation instructions.

10

917.1 Clearances for Listed Appliances. Listed illuminating appliances shall be installed in accordance with their listing and the manufacturer’s installation instructions. 919.3 Clearance. The installation of infrared heaters shall comply with the following clearance requirements: (1) Listed heaters shall be installed with clearances from combustible material in accordance with their

listing and the manufacturer’s installation instructions. (2) – (3) (remaining text unchanged) 921.1 Listed Units. Listed outdoor cooking appliances shall be installed in accordance with their listing and the manufacturer’s installation instructions. 922.2 Clearance. The installation of pool heaters shall comply with the following requirements: (1) In no case shall the clearances be such as to interfere with combustion air, draft hood, or vent

terminal clearance and relief, and accessibility for servicing. (2) A listed pool heater shall be installed in accordance with its listing and the manufacturer’s installation

instructions. (remaining text unchanged) 924.3 Clearance. A room heater shall be placed so as not to cause a hazard to walls, floors, curtains, furniture, doors where open, and to the free movements of persons within the room. Heaters designed and marked, “For use in noncombustible fireplace only,” shall not be installed elsewhere. Listed room heaters shall be installed in accordance with their listings and the manufacturer’s installation instructions. In no case shall the clearances be such as to interfere with combustion air and accessibility. Unlisted room heaters shall be installed with clearances from combustible material not less than the following: (1) Circulating type room heaters having an outer jacket surrounding the combustion chamber, arranged

with openings at top and bottom so that air circulates between the inner and outer jacket, and without openings in the outer jacket to permit direct radiation, shall have clearance at sides and rear of not less than 12 inches (305 mm).

(2) Radiating type room heaters other than those of the circulating type described in Section 924.3(1) shall have clearance at sides and rear of not less than 18 inches (457 mm), except that heaters that make use of metal, asbestos, or ceramic material to direct radiation to the front of the heater shall have a clearance of 36 inches (914 mm) in front and, where constructed with a double back of metal or ceramic, shall be permitted to be installed with a clearance of 18 inches (457 mm) at sides and 12 inches (305 mm) at rear. Combustible floors under unlisted room heaters shall be protected in an approved manner.

926.1 Clearance. A listed gas-fired toilet shall be installed in accordance with its listing and the manufacturer’s installation instructions, provided that the clearance shall be such to afford ready accessibility for use, cleanout, and necessary servicing. 927.2 Clearance. Suspended-type unit heaters shall comply with the following requirements: (1) A listed unit heater shall be installed with clearances from combustible material of not less than 18

inches (457 mm) at the sides, 12 inches (305 mm) at the bottom, and 6 inches (152 mm) above the top where the unit heater has an internal draft hood, or 1 inch (25.4 mm) above the top of the sloping side of a vertical draft hood. A unit heater listed for reduced clearances shall be installed in accordance with its listing and the manufacturer’s installation instructions.

(2) – (3) (remaining text unchanged) 927.2.1 Floor-Mounted-Type Unit Heaters. Floor-mounted-type unit heaters shall comply with the following requirements: (1) A listed unit heater shall be installed with clearances from combustible material at the back and one

side of not less than 6 inches (152 mm). Where the flue gases are vented horizontally, the 6 inch (152 mm) clearance shall be measured from the draft hood or vent instead of the rear wall of the unit

11

heater. A unit heater listed for reduced clearances shall be installed in accordance with its listing and the manufacturer’s installation instructions.

(2) – (4) (remaining text unchanged) 928.1 Installation. Wall furnaces shall be installed in accordance with the following: (1) Listed wall furnaces shall be installed in accordance with their listings and the manufacturer’s

installation instructions. Wall furnaces installed in or attached to combustible material shall be listed for such installation.

(2) (remaining text unchanged) (3) Vented wall furnaces connected to a Type B-W gas vent system listed for a single story shall be

installed in single-story buildings or the top story of multistory buildings. Vented wall furnaces connected to a Type B-W gas vent system listed for installation in multistory buildings shall be permitted to be installed in single-story or multistory buildings. Type B-W gas vents shall be attached directly to a solid header plate that serves as a firestop at that point and that shall be permitted to be an integral part of the vented wall furnace, as illustrated in Figure 928.1. The stud space in which the vented wall furnace is installed shall be ventilated at the first ceiling level by installation of the ceiling plate spacers furnished with the gas vent. Firestop spacers shall be installed at each subsequent ceiling or floor level penetrated by the vent. [NFPA 54:10.27.1.3]

(4) Direct-vent wall furnaces shall be installed with the vent-air intake terminal in the outdoors. The thickness of the walls on which the furnace is mounted shall be within the range of wall thickness marked on the furnace and covered in the manufacturer’s installation instructions. [NFPA 54:10.27.1.4]

(5) (remaining text unchanged) Appeal Docket #11-15; Item #333 UMC Section 1308.5.10.1 The 2013 Report on Proposals (ROP) published the results of the first committee ballot on Item #333, a code change proposal requesting to amend the following Sections: 1301.3 “Applications” 1308.5.3.4 “Corrugated Stainless Steel” 1308.5.10.1 “Pipe Joints” 1308.5.10.4 “Metallic Pipe Fittings (Including Valves, Strainers, Filters) 1308.5.11.2 “Heat-Fusion Joint” 1308.5.11.3 “Compression Type Mechanical Joints” 1308.7 “Gas Pressure Regulators” 1308.7.2 “Listing” 1308.7.5.1 “Line Gas Pressure Regulators” 1308.7.5.3 “Vents” 1308.7.5.4 “Discharge of Vents” 1308.8 “Backpressure Protection” 1310.1 “General” 1311.1.1 “Cover Requirements” 1311.1.6 “Piping Underground Beneath Buildings” 1311.1.6.1 “Conduit with One End Terminating Outdoors” 1311.1.7.2 “Tracer Wire” 1311.5 “Maximum Design Operating Pressure” 1311.8.1 “Cap Outlets” 1311.8.1.1 “Appliance Shutoff Valves” 1311.10.1.1 “Shutoff Valves for Multiple House Lines” 1311.14.4 “Lightning Protection System”

12

1312.4 “Appliance Shutoff Valves and Connections” 1312.5 “Quick-Disconnect Devices” 1314.1 “General” 1316.4 “New Branches” 1316.8.4 “Designed for (less than) Operating Pressures At the meeting, a majority of the committee members were in support of accepting the proposal as submitted. Upon written ballot of the Mechanical Technical Committee, they affirmed the proposal to amend the aforementioned sections. At their second meeting, a majority of the Technical Committee was in support of accepting the Public Comment, which sought to further amend Section 1308.5.10.1 “Pipe Joints.” Upon written ballot of the Mechanical Technical Committee, they affirmed their decision to accept the Public Comment, which further amended Section 1308.5.10.1. The 2014 Report on Comments (ROC) published the results of the second and final committee ballot on the Public Comment to Item #333. The ballot reported a vote of 20 affirmative; 1 negative; 1 not returned to accept the public comment as submitted. The Technical Correlating Committee, the body which correlates the work among the Plumbing and Mechanical Technical Committees, took action on this particular item. The Regulations Governing Committee Projects at Sections 3-4.2 and 4-4.7.1 state:

3-4.2 Authority. A TCC shall direct the activities of the TCs that have primary responsibility for the development and revision of Documents assigned to them. The TCC shall be responsible for resolving conflicts, achieving correlation among the recommendations of the TCs, correcting errors and omissions, and ensuring that the Committee activities have been conducted in accordance with these Regulations and any approved Supplemental Operating Procedures (see 3-3.8). The TCC shall have the authority to choose between alternatives presented by the TCs and to write text, but only as necessary for correlation, consistency, and the correction of errors and omissions. 4-4.7.1 Review. If the Technical Committee Reports to the Association through a TCC, the TCC shall review the ROC of the TCs under its responsibility and take appropriate action as it deems necessary in accordance with its authority as defined in 3-4.2.

The TCC shall be permitted to choose between alternatives proposed by TCs or develop text, as it deems necessary, to achieve correlation, consistency, and the correction of errors and omissions.

The ROC shall be published with a specific notice of the TCC actions and rationale.

The Technical Correlating Committee took action by further modifying Section 1308.5.10.1 “Pipe Joints” to correlate with actions taken by the Plumbing Technical Committee to UPC Item #301, changes deemed editorial in nature. There was no further action taken on this item, thus the process recommendation is the Technical Correlating Committee’s final action as published in the ROC.

Result for #11-15 The 2015 UMC at Section 1308.5.10.1 will read as follows: 1308.5.10.1 Pipe Joints. Pipe joints shall be threaded, flanged, brazed, welded, or press-connect fittings made in accordance with CSA LC4. Where nonferrous pipe is brazed, the brazing materials shall have a

13

melting point in excess of 1000°F (538°C). Brazing alloys shall not contain more than 0.05 percent phosphorus. Appeal Docket #12-15; Item #339 UMC Sections 1312.4.1 and 1312.4.2 The 2013 Report on Proposals (ROP) published the results of the first committee ballot on Item #339, a code change proposal requesting to add new Sections 1312.4.1 “Vented Fireplaces and Vented Firebox,” and 1312.4.2 “Manifold.” At the meeting, a majority of the committee members were in support of rejecting the proposal as submitted. Upon written ballot of the Mechanical Technical Committee, they affirmed their decision to reject the proposed new sections. At their second meeting, a majority of the Technical Committee was in support of rejecting the Public Comment, which sought to accept the original proposal. Upon written ballot of the Mechanical Technical Committee, they affirmed their decision to reject the Public Comment thereby retaining their rejection of the original proposal. The 2014 Report on Comments (ROC) published the results of the second and final committee ballot on the Public Comment to Item #339. The ballot reported a vote of 19 affirmative; 2 negative; 1 not returned to reject the public comment. At the Association Technical Meeting Convention, a motion was made to accept the code change proposal. The motion failed. There was no further action taken on this item, thus the process recommendation is the committee’s final action as published in the ROC.

Result for #12-15 The 2015 UMC will not include new Sections 1312.4.1 “Vented Fireplaces and Vented Firebox,” or 1312.4.2 “Manifold.” Appeal Docket #13-15; Item #341 (Public Comment 1) UMC Sections 1316.9 and 1316.9.1 The 2013 Report on Proposals (ROP) published the results of the first committee ballot on Item #341, a code change proposal seeking to amend Section 1316.9 “Test Pressure” and add new Section 1316.9.1 “Test Duration.” At the meeting, a majority of the committee members were in support of rejecting the proposal as submitted. Upon written ballot of the Mechanical Technical Committee, they affirmed their decision to reject the proposal, which would have amended the aforementioned sections. At their second meeting, a majority of the Technical Committee was in support of rejecting Public Comment 1, which sought to accept the original proposal. Upon written ballot of the Mechanical Technical Committee, they affirmed their decision to reject Public Comment 1 thereby retaining their rejection of the original proposal.

14

The 2014 Report on Comments (ROC) published the results of the second and final committee ballot on Public Comment 1 to Item #341. The ballot reported a vote of 18 affirmative; 3 negative; 1 not returned to reject the public comment. At the Association Technical Meeting Convention, a motion was made to accept Public Comment 1, which would accept the original proposal. The motion failed. A second comment – Public Comment 2 – was acted upon by the committee, which resulted in an amendment to Section 1316.9. The below appeal, Docket #14-15, notes the actions taken by the membership and the Technical Committee’s final vote on the membership’s recommendation.

Result for #13-15 As a result of actions taken by the committee based on the membership’s recommendation, Section 1316.9 was revised and will read as follows in the 2015 UMC: 1316.9 Test Pressure. This inspection shall include an air, CO2, or nitrogen pressure test, at which time the gas piping shall stand a pressure of not less than 10 psi (69 kPa) gauge pressure. The test pressures shall be held for a length of time satisfactory to the Authority Having Jurisdiction but in no case less than 15 minutes with no perceptible drop in pressure. For welded piping, and for piping carrying gas at pressures in excess of 14 inches water column (3.5 kPa) pressure, the test pressure shall be not less than 60 psi (414 kPa) and shall be continued for a length of time satisfactory to the Authority Having Jurisdiction, but in no case for less than 30 minutes. For CSST carrying gas at pressures in excess of 14 inches water column (3.5 kPa) pressure, the test pressure shall be 30 psi (207 kPa) for 30 minutes. These tests shall be made in the presence of the Authority Having Jurisdiction. Necessary apparatus for conducting tests shall be furnished by the permit holder. Appeal Docket #14-15; Item #341 (Public Comment 2) UMC Section 1316.9 The 2013 Report on Proposals (ROP) published the results of the first committee ballot on Item #341, a code change proposal seeking to amend Section 1316.9 “Test Pressure” and add new Section 1316.9.1 “Test Duration.” At the meeting, a majority of the committee members were in support of rejecting the proposal as submitted. Upon written ballot of the Mechanical Technical Committee, they affirmed their decision to reject the proposal, which would have amended the aforementioned sections. At their second meeting, a majority of the Technical Committee was in support of accepting as submitted Public Comment 2, which sought to amend Section 1316.9 “Test Pressure.” Upon written ballot of the Mechanical Technical Committee, necessary two-thirds affirmative was not achieved. Therefore, the ballot failed. The 2014 Report on Comments (ROC) published the results of the second committee ballot on the Public Comment to Item #341. That ballot reported a vote of 12 affirmative; 9 negative; 1 not returned and was noted as “Rejected” in accordance with Section 4-4.6.4 of the Regulations Governing Committee Projects.

4-4.6.4 Technical Committee Balloting on Comments. TC action on Comments shall be submitted to a ballot of the TC (see 3-3.4). The decision to segment the Report (i.e., ballot the Report other than as a whole) shall be made by either the Chair or by a vote of more than one-third of the voting Members of the TC at its meeting. If the ballot is taken on the ROC as a whole,

15

at least two-thirds of the voting Members calculated in accordance with 3-3.4.5 must agree with the TC action for the ROC to be published. If the ballot is taken other than on the Report as a whole and the ballot result does not confirm the TC action on a Comment by a two-thirds affirmative vote, the TC action on the Comment shall be reported in the ROC as rejected. Negative votes based on procedural grounds shall be reported to the Council Secretary. The results of the ballot, including the technical reasons for negative votes, shall be included in the ROC. The Staff Liaison may paraphrase the reasons for negative votes for the purpose of the ROC. (emphasis added)

At the Association Technical Meeting Convention, a motion was made to accept an identifiable part of Public Comment 2. The motion passed, resulting in a membership recommendation to the Technical Committee to accept an identifiable part of Public Comment 2. The recommendation includes an amendment to Section 1316.9 “Test Pressure.” Following the Association Technical Meeting Convention, the Technical Committee was issued a ballot on whether they agreed with the membership’s recommendation. On this, their final ballot, the committee agreed with the membership with a vote of 18 affirmative; 2 negative. There was no further action taken on this item, thus the process recommendation is the committee’s final action following the Association Technical Meeting Convention.

Result for #14-15 The 2015 UMC will include an amendment to Section 1316.9 and will read as follows: 1316.9 Test Pressure. This inspection shall include an air, CO2, or nitrogen pressure test, at which time the gas piping shall stand a pressure of not less than 10 psi (69 kPa) gauge pressure. The test pressures shall be held for a length of time satisfactory to the Authority Having Jurisdiction but in no case less than 15 minutes with no perceptible drop in pressure. For welded piping, and for piping carrying gas at pressures in excess of 14 inches water column (3.5 kPa) pressure, the test pressure shall be not less than 60 psi (414 kPa) and shall be continued for a length of time satisfactory to the Authority Having Jurisdiction, but in no case for less than 30 minutes. For CSST carrying gas at pressures in excess of 14 inches water column (3.5 kPa) pressure, the test pressure shall be 30 psi (207 kPa) for 30 minutes. These tests shall be made in the presence of the Authority Having Jurisdiction. Necessary apparatus for conducting tests shall be furnished by the permit holder.

16

IAPMO Regulations Governing Committee Projects

Section 1-7

1-7 Petitions to the Board of Directors. 1-7.1 General. The Standards Council has been delegated the responsibility for the administration of the codes and standards development process and the issuance of Documents. However, where extraordinary circumstances requiring the intervention of the Board of Directors exist, the Board of Directors may take any action necessary to fulfill its obligations to preserve the integrity of the standards development process. Anyone seeking such intervention of the Board of Directors may petition the Board of Directors concerning Standards Council action on any matters. Such petitions shall be filed and processed in accordance with the Regulations Governing Petitions to the Board of Directors from Decisions of the Standards Council. 1-7.2 Notice of Intent to File the Petition. Anyone wishing to petition the Board of Directors concerning an Standards Council action related to the issuance of a document, shall file a Notice of Intent to File a Petition within 15 days following the Standards Council action. A Standards Council action related to the issuance of a document includes any action of the Council that issues or returns a Document or that affects the text of a Document. Petitions concerning other Standards Council actions shall be filed within a reasonable period of time. 1-7.3 Effect of Filing. The filing of a Petition will not serve to stay the effective date of a Document or a Tentative Interim Amendment unless the Executive Director of the Association or the Board of Directors acts, pursuant to 4-7.2 or 5-6, to delay the effective date. Any Petition pending at the time a Document or Tentative Interim Amendment becomes effective will be treated as a Petition to withdraw the Document or Tentative Interim Amendment. 1-8 Use of Visual Aids and Demonstrations Before the Standards Council or Board of Directors. The policy for the use of visual aids and physical demonstrations to the Standards Council and Board of Directors shall be the same as that required for TCCs, TCs, and Task Groups, in accordance with 3-3.3.3(e) and 3-3.3.3(f).

***

IAPMO Regulations Governing Petitions to the Board of Directors from Decisions of the Standards Council

ADOPTED BY THE IAPMO BOARD OF DIRECTORS SEPTEMBER 4, 2000. Amended in January 2007. Section 1 Scope of and Authority for these Regulations.

(a) These regulations have been issued by the Board of Directors pursuant to its authority under Article 5, 6 and 8 of the IAPMO Bylaws.

(b) These regulations set forth the procedures to be used for the filing and processing of all

petitions to the Board of Directors filed pursuant to 1-7 of the Regulations Governing Committee Projects.

17

(c) The Board of Directors can amend these regulations from time to time and waive or supplement, in whole or in part, at any time or times at its discretion.

(d) For the purposes of these regulations, the Standards Council Secretary, or such other person as the Chair of the Board of Directors may appoint, shall act as a petitions clerk. Section 2 Subcommittees of the Board of Directors. Unless the Board of Directors otherwise orders, the authority to consider and make recommendations on the disposition of a petition by the Board of Directors shall be delegated to a subcommittee of the Board of Directors, which shall be appointed, in accordance with 2.1 of these regulations. Subcommittees shall be appointed by the Chair of the Board of Directors.

2-1 Composition of Subcommittees. Subcommittees shall consist of three or more members of the Board of Directors. The criteria for selection and appointment of subcommittee members shall be as follows:

(a) A subcommittee member shall be a person who can decide the petition on the merits in an impartial manner.

(b) A subcommittee member shall not have any conflict of interest. (A conflict of interest is defined as any situation in which a decision on a petition could substantially and materially affect the member’s financial or business interest.)

(c) Each subcommittee member shall, to the extent practicable, represent diverse interests within the association.

In making a decision of whether or not to serve on a subcommittee, the member may consult with the IAPMO general counsel.

Section 3 The Scope of Review. The petitioner shall generally confine the argument in the petition to matters that were presented below and shall not raise any new matters that could have but were not presented within the standards development process. A petition to the Board of Directors shall not be regarded as simply another opportunity to reargue a position that was rejected by the Standards Council. In considering a petition, the subcommittee shall give due deference to the judgment of the Standards Council and shall not intervene unless it can be demonstrated that extraordinary circumstances exist requiring the Board of Director’s intervention to protect the integrity of the standards development process. Section 4 The Record. In its consideration of the petition, the subcommittee shall have before it the entire record that was before the Standards Council, as well as all proceedings and decisions of the Standards Council on the issue. In addition, the subcommittee may consult any other records of the association that it deems pertinent to the issue, and the subcommittee may seek technical assistance from staff, the technical committee, or any other source or persons that it deems appropriate. Section 5 Notice of Intent to File the Petition. Anyone wishing to petition the Board of Directors concerning a Standards Council action related to the issuance of a document, shall file a Notice of Intent to File a Petition within 15 days following the Standards Council action. A Standards Council action related to the issuance of a document includes any action of the Council that issues or returns a document or that affects the text of a document. Petitions concerning other Standards Council actions shall be filed within a reasonable period of time. Section 6 Filing and Contents of the Petition.

(a) Within 15 days following the receipt of the notice of intent to file, or within such other time as the petitions clerk may allow, the petitioner shall file the petition together with 20 copies.

18

The petition shall be no more than 10 pages in length and shall contain, in separately denominated sections, the following:

(1) Name, affiliation, and address of the petitioner; (2) Statement identifying the particular Standards Council action to which the petition

relates; (3) Argument setting forth the grounds for the petition and, in particular, addressing

why there exist extraordinary circumstances requiring the intervention of the Board of Directors (see the preceding Section 3 and 1-7 of the Regulations Governing Committee Projects); and

(4) Statement of the precise relief requested. (b) Any part of the record related to the standards development process that is referenced or discussed in the petition should be clearly cited in the petition using available markings such as the title, author, date, and page of the record. Since the full record will be available to the subcommittee during its review, attachments and appendices shall not accompany the petition, unless express permission has been obtained from the petitions clerk. Section 7 Consideration of the Petition.

7-1 Initial Review. The petitions clerk may, at his or her discretion, arrange for initial review of the petition by meeting, correspondence, or telephone conference. If upon such initial review of the petition and any relevant portions of the record, the subcommittee determines that the petition has no merit, it may dismiss the petition.

7-2 Full Review. If initial review is not conducted, or, if upon such review, the subcommittee determines that further review is warranted, it shall afford the opportunity for responses to be filed by interested parties. Responses, together with 20 copies, shall be filed within 15 days or within such other time as the petitions clerk may allow.

(a) Responses shall be no more than 10 pages in length and shall contain, in separately denominated sections, the following:

(1) Name, affiliation, and address of the respondent; (2) Statement identifying the petition to which the response relates

and stating whether the respondent supports or opposes the petition; and (3) Argument setting forth the grounds for opposing or supporting the petition and, in

particular, addressing why there does or does not exist extraordinary circumstances

requiring the intervention of the Board of Directors (see the preceding Section 3 and 1-7 of

the Regulations Governing Committee Projects).

(b) Any part of the record related to the standards development process that is referenced or discussed in a response should be clearly cited in the response using available markings such as the title, author, date, and page of the record. Since the full record will be available to the subcommittee during its review, attachments and appendices shall not accompany the response, unless express permission has been obtained from the petitions clerk.

(c) So as to avoid unnecessary repetition and duplication of effort, parties are encouraged to file joint responses where possible and appropriate.

(d) Unless a hearing has been requested and granted by the subcommittee (see Section 8), the subcommittee shall, either by meeting or telephone conference,

19

review and render a decision on the petition based on the written submissions of the parties and the record before it.

Section 8 Requests for Hearings. If the petitioner requests a hearing on the petition and that hearing is granted, the petitioner shall be assessed a filing fee of $2,500 to be posted following the granting of the request. This fee may be reduced or waived by the Executive Director upon application of the petitioner if good cause for reducing or waiving the fee is presented. If a hearing is granted, the Procedures for Hearings shall be followed. Section 9 Waiver of Regulations. Any of the deadlines or requirements set forth in these regulations may be waived by the subcommittee upon application of the petitioner or any other party for good cause shown, or in the discretion of the subcommittee. Section 10 Subcommittee Report to the Board of Directors. The subcommittee shall file with the Board of Directors a written report concerning each petition that it has determined.