The Voice of the Licensed Master Plumber June 2013 Edition

Master Plumbers Council of the City of New York, Inc. * 104-09 Metropolitan Avenue, Forest Hills, NY 11375 * (718) 793-6300

A NEWSLETTER PUBLICATION OF THE MASTER PLUMBERS COUNCIL OF THE CITY OF NEW YORK, INC.

VoiceThe

o f t h e L i c e n s e d M a s t e r P l u m b e r

Vol. 13, Issue 3June 2013

In this Edition:Buildings Bulletin 2013-006

Is Natural Gas Safe?Obtaining an LAA (violation exists)

Earlier this month the Department of Buildings (“DOB”) published Buildings Bulletin 2013-006 (“Bulletin”). This Bulletin establishes procedures

and requirements for work involving fuel gas piping located within fire resistance rated construction in existing buildings undergoing alterations, replacements and repairs.

The Bulletin has been a work in progress for almost two years. The Bulletin was necessitated because the Fuel Gas Code (“FGC”) Section 404.1 had listed some prohibited locations for fuel gas piping that were not part of the prior 1968 Building Code nor the NYC FGC.

The prohibited locations for gas distribution piping in the 2008 FGC are as follows:

1. Stair enclosures.

2. Fire standpipe riser shaft.

3. Fire pump room.

4. Fire rated construction.

5. Public corridor.

The Bulletin is broken down into several sections. The first is the background section which explains the reason for which the Bulletin was required. The 1968 Building Code did not prohibit the installation of fuel gas piping within the concealed spaces of fire-rated construction.

The second section details the procedure for altering existing gas distribution piping located in fire resistance rated construction.

Section 102.4 of the FGC allows for minor alterations, additions, renovations and repairs to be done in the same manner and arrangement as the existing system

providing the work is approved and not hazardous.

Plumbers who want to utilize this procedure must ensure that the existing gas piping was installed legally as evidenced by prior approved permits.

Based on this verbiage, a plumber cannot replace gas piping in fire-rated construction unless they can prove the prior legality of the work. If the work was permitted and approved, you can then replace existing gas piping or relocate a branch or riser up to three feet from the original location. If the pipe cannot be installed within these parameters you must adhere to the 2008 Code for the installation.

The Bulletin references FGC 404.3 which prohibits the use of unions or swing joints made by a combination of fittings in any concealed location. Please note that this DOES NOT prohibit you from installing fittings as required to have branch tees, offsets or branch takeoffs.

Section two closes by stating clearly that any work not explicitly allowed in this section must comply with the 2008 Construction Codes.

Section three allows for the replacement or installation of gas piping in a public corridor or stair enclosure providing the piping is “separated” from the corridor or stair enclosure by a fire resistance rated enclosure meeting the rating required for the location. In addition the enclosure must also meet the impact rating required for that hallway or corridor (if required). The enclosure must be fire-rated from both sides. The piping and enclosure must comply with all code egress requirements.

Editor’s Note: The original draft of this bulletin only required the piping to be enclosed in a standard fire rated enclosure. continued on page 5

BUILDINGS BULLETIN 2013-006

Master Plumbers Council of the City of New York, Inc. The Voice of the Licensed Master Plumber 2

Master Plumbers Council of theCity of New York, Inc.

104-09 Metropolitan Avenue, Forest Hills, NY 11375Phone: 718-793-6300 * Fax: 718-793-6190

www.nycmpc.org

The Voice of the Licensed Master Plumber,a membership publication of the NYCMPC.

All text for articles is due by the 1st day of themonth prior to publication.

We welcome your suggestions and contributions.

NYCMPC Board PresidentMichael Loise

Executive DirectorAngela Cappiello, CMP CAE

[email protected]

EditorGeorge BassolinoAngela Cappiello

GraphicsJanene Meyerowitz

JM Image Management, [email protected]

GENErAL DIsCLAIMEr stAtEMENt:the information provided in this newsletter is to be used only to

educate businesses and the general public on plumbing and related construction issues that may affect their daily business or personal

lives. All opinions expressed herein are those of the individual authors only and do not necessarily represent the opinions of the NYCMPC, its officers, Board of Directors, the NYCMPC newsletter or its editors. the NYCMPC does not guarantee the accuracy or

the correctness of advertising, articles or references to information sources herein, nor does the NYCMPC intend to endorse, rate, or

otherwise officially comment on products available. therefore, the readers are cautioned to rely on information contained herein at their own risk. All information that is available to you through this newsletter is provided “as is” without warranty or condition of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. the information contained in the newsletter is believed

to be correct and accurate. However, the NYCMPC cannot and will not assume responsibility for the consequences of errors contained

in the articles or misapplication of any information provided. NYCMPC expressly disclaims any liability for any special, incidental, or consequential damages, including without limitation, lost revenues,

or lost profits, resulting from the use or misuse.

A Message from the Presidentof the Master Plumbers Council

Dear fellow master plumbers and colleagues,

As we head into June, we realize we are halfway through 2013, but more importantly, June brings our annual membership meeting. We will all be voting on the progression of our governing Board and voting to bring new members onto our Board of Directors. Our annual meeting is traditionally our most attended meeting and based on our record breaking attendance, we look forward to this meeting with great anticipation. All members are urged to run for office, and if you feel you would like to help bring our organization to the next level, please do not hesitate to make your feelings known; fresh heads, fresh ideas.

My next question goes out to all those Licensed Master Plumbers who have not yet seen the benefit and realized how essential today, more than ever, it is to be part of this organization. We, the Board of Directors and our members, wonder how any plumber can do business today without the support and updated information this organization brings to its membership on a regular basis.

Please, if you are not a member, it is time you became part of an organization that is fighting for the rights of all Licensed Master Plumbers. We support you, so it’s time we receive your support back.

June will be our last meeting before the summer break. The entire NYCMPC Board wish you all a great summer. Thank you all for a fantastic first six months. And although membership will be enjoying the summer months off, the Board of Directors, our Executive Director, Council and others will continue to work towards our Annual Expo, Journal, website and all the impending DOB issues that affect us all.

Please enjoy your summer, and thank you all for your continued support.

With Warm Regards,

Michael LoiseNYCMPC President

P.S. We hope to see all of you at the June 10th Annual Cerebral Palsy / Master Plumbers Golf Outing.


As this editorial is being written, gas piping is probably leaking in NYC buildings. This is evident by the fact that almost on a daily basis the

FDNY, utilities and licensed master plumbers (“LMP”) respond to complaints of gas odors in existing buildings. Unfortunately, so do superintendents and handymen. When first responders or professionals arrive, they may find leaking gas meters or distribution piping. They generally shut down the gas supply to the affected area and then a licensed master plumber will make the required repairs. When an untrained professional gets involved anything can happen.

Any LMP will tell you that their customers dread having the utility shut down their gas supply. In some cases, it can take weeks, or even months, for the restoration process to be completed. Human nature being what it is, people who have had bad experiences with the gas restoration process may possibly think twice about calling in qualified persons when they have a potential gas issue. As LMPs, we are permitted to shut down the gas in an emergency condition, but we are obligated to obtain a work permit and contact the utility to reestablish gas to a building.

To the best of our knowledge, there have been no major incidents that have resulted in personal injuries when gas distribution piping leaks inside of a building is replaced, altered or repaired by a LMP or workers in his direct employ. When a system is installed or repaired, the utility will test the piping prior to restoring gas to the building. We are researching the major causes of gas incidents in existing buildings. What we are initially finding is that the most dangerous part of the gas process is when final appliance connections are made and the appliances are commissioned (not work to the gas distribution piping). Even when there are fires inside a building, in most cases, the existing gas piping will not break down and allow gas to escape to fuel the fire.

Gas stove installations can be potentially hazardous. If the gas flex connector is not of the proper type or properly configured to allow for stove removal, disaster can occur. As helpers, how many times did our mechanics have to remind us to use two wrenches to tighten the brass adapters? The DOB does not require a LAA work permit or to have the installation of a residential gas stove listed on an OP-128 form. They simply require a LMP to do the installation. It is very possible that without a permit or enforcement mechanism licensed plumbers are rarely retained to install gas stoves.

Gas dryers and hot water heater installations can also be potentially hazardous. Gas dryers require a manually filed LAA for R-3 construction and a full Alt-1 permit for any other construction. Working under all permit types, LMPs would install the unit as per the specifications including the exhaust duct and not terminate the vent through a window. They would ensure the dryer gas connections are properly made. Failure to properly install or maintain these units can cause lint fires.

The same holds true for residential gas fired hot water heaters. Properly installed and maintained water heaters will provide years of proper operation.

Gas piping designed and installed by LMPs and commissioned by the utilities is assumed by Code to be safe. It provides valuable fuel that the general public relies on everyday to cook their meals, dry their clothes, heat water and heat their homes. Many owners are converting their larger building from oil to natural gas. They are also using gas to power generators for both electrical generation and emergencies.

Gas piping and appliances installed and maintained by licensed plumbers are safe to operate. Making the gas piping installation process more restrictive may not increase safety to the point that it can be justified. It definitely could increase costs for many installations. It may even increase noncompliance regarding filing and installation procedures. With gas, it is not just important that you are compliant, it is equally important that your neighbor is too.

General public safety may be better served by increasing overall compliance with existing (or prior) rules and regulations that were safe, streamlined and effective.

Message from The NYCMPC DOB Sub-Ops Committee:

Buildings Bulletin 2013-006 has potentially limited where gas lines may be installed in existing buildings. These new methods may ultimately not protect the public any better than the old methods that have been in effect since the 1968 Code and before. While “safety” and “public“ always sound good in a sentence, this Bulletin may not provide the desired outcome. If the costs become too high, it could stall the “oil to gas initiative”. It may also lead developers and contractors to turn to cheaper alternatives such as using unlicensed workers . This could have disastrous consequences for everyone. Let us know what you think by emailing [email protected].

Is Natural Gas Piping Safe?


DEPArtmENt Of BuILDINGS - BuILDING BuLLEtIN 2013-006


DEPt. Of BuILDINGS - BuILDING BuLLEtIN 2013-006. Continued

Continued from Page 1This was changed to be fireproof both inside and out. We have contacted several engineers for a better explanation of exactly what the requirements will be to install piping inside of a hallway or stair enclosure. We will publish our findings in a future issue of the Voice.

SUMMARY:

Existing gas in fire-rated enclosures:

• Prove legality of existing piping.

• Can replace in same manner with deviation of up to three feet on riser and branches.

• No prohibited fittings in concealed locations.

Public corridors & Stair enclosures:

• Install new piping in hallways in fire resistance and impact resistance rated (vertical piping) and the assembly is rated for exposure to fire from both sides. Piping must comply with all applicable building code egress requirements.

SAVE ThE DATE

Tuesday, October 8th, 20131:30- 9:00 pm

Russo’s on the BayHoward Beach, New York

www.nycmpc.org/2013expo


The 2008 NYC FGC went into effect in July 2009. It was not until late 2010 that it came to our attention that there could be potential issues

with NYC FGC Section 404.1. For the past two years the industry has been actively attempting to address this issue at both the DOB Sub-Ops Committee level and through letters that were sent directly to the DOB. As a result of these requests, DOB released Buildings Bulletin 2013-006. We appreciate the DOB has provided the industry with a bulletin that is clear and concise. This is especially true in their recognition that gas piping can be safely installed within a stair enclosure if is properly protected. While we may appear ungrateful for writing this commentary, the NYCMPC’s position is that this Bulletin as written does not serve the best interest of the general public. In our opinion, the Bulletin is overly restrictive and may significantly increase installation costs. In addition, it has the potential to cause an increase in non-compliance with regards to filing and may not increase safety of the public in any significant manner.

An example of this would be the replacement of a gas line for a stove that due to existing conditions must be routed through a hallway ceiling. In the past an LMP could complete this work using an LAA work permit. Under the new procedures outlined in this bulletin the plumber would be required to hire an engineer and file for an Alt-1 work permit with both PL and OT work types. The plumber would need to subcontract a general contractor to install the fire resistance rated enclosure. The owner would have to hire a special inspector to inspect the enclosure. (Editor’s note: The 2013 revisions for the 2008 Code may require any gas piping installed in stair enclosures and hallways to be welded in addition to being enclosed in a fire resistance rated enclosure. Stay tuned).

The background section of the Bulletin states that the 1968 Code did not specifically prohibit the installation of gas piping within fire resistance rated construction. We ask if that was the case then why is it prohibited in the 2008 NYC FGC? There is no prohibition for this in the ICC Code on which the NYC FGC is based. Chapter seven of the 2008 NYC Building Code contains all of the requirements for fire rated construction. In that section there is no prohibition for installing gas piping within fire

rated construction. None of the original 2008 FGC Code revision committee members we questioned who worked on this Code can recall adding these prohibited code sections. That leads us to wonder if they were added after by the Managing Committee and why were they added?

The 1968 Code did not prohibit the installation of gas piping within public corridors. It did prohibit the installation of gas meters in any hallway above the lowest level of the building. Generally when piping was installed within a hallway wall it was enclosed within the wall. New risers in existing buildings were also enclosed. Many engineers would enclose horizontal piping in a hallway (box it in) at the ceiling inside of a sheetrock enclosure.

The 2008 Code was written as a new construction code. It does however make references to the additions, alterations or repairs for gas piping in existing buildings. NYC FGC 102.4 states in part that: “Additions, alterations or repairs shall not cause an existing installation to become hazardous or overloaded. Minor additions, alterations, renovations and repairs to existing installations shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.”

Any existing building should be able to have gas piping added, altered and repaired as long as that work does not create a hazard. The only thing missing is DOB approval to allow that work to be done as per the 1968 Code. The stated vision of DOB is to be committed to enhancing the quality of life for all New Yorkers and making our city safer. That is a goal we also share. As LMP’s, we should be considered subject matter experts on the installation and repair of gas piping within existing buildings. This Bulletin would not make the installation of gas piping in existing building impossible. It can drive up costs that will make it improbable. It can impact repairs and also slow down the very important oil to gas initiative. It can dissuade owners from installing generators or relocating their equipment to higher levels in buildings located in flood zones. If this Bulletin is not amended there is a greater chance that the public may hesitate in reporting gas leaks, or worse yet hire unqualified persons to alter, repair or extend gas piping within existing gas building.

COmmENtAry AND ANALySIS ON BuILDINGS BuLLEtIN 2013-006


OBtAINING AN LAA wOrk PErmIt whEN thErE IS A vIOLAtION ON A BuILDING

Beginning February 2012, applicants for an LAA Work Permit in buildings that have an open Work Without a Permit (“WWP”) or Stop Work Oder

Violation (“SWO”) will not be issued a work permit unless they submit an L2 form, requesting an override, reduction or waiver of civil penalties for the WWP or SWO violation.

LMP’s will generally request an override. This is a request to override the violation and should be granted if the work is in a space that is not related to the WWP violation. The work for which the permit is being presented must have no relationship to the violation.

STEPS TO TO SUBMIT AN L2 fORM:

• Only MANUALLY filed LAA permits will be accepted (No electronic filings).

• Plumbers should file one L2 form per violation.

• If the override/waiver/reduction selection is the same for all violation(s), then one L2 form may be submitted listing all applicable violation numbers.

• Complete box #1. Attach a copy of the violation to the form when it is submitted. (Obtain a copy from BIS)

• Complete box #2. Important to note the floor on which the work is being completed.

• Complete box #3. Important to note the floor on which the work is being completed.

• Complete box #6. Signed and notarized by owner or authorized designee.

IMPORTANT NOTES:

• Civil penalty reductions, waivers, or overrides are only granted with the appropriate supporting documentation.

• Overrides do not address the resolution of the underlying violation for work without a permit. They simply allow you to obtain a permit for unrelated work or if there was a duplicate violation.

• Falsification of any statement is a misdemeanor and a violation of the terms of your license.

• The location of the work must be accurately provided or the application will be rejected.

• In the event emergency work is required as permitted under 28-105.4.1, you will be able to complete the emergency work and must deliver an LAA application and L2 form to the LAA unit within two-days after the commencement of the work.

Editor’s Note: It is commonly accepted that emergency work filings must be submitted to the LAA division within five-business days. However, as anyone who has been to ECB court knows, judges enforce the code as written. The L2 form specifically requires and application to be delivered within two-business days. This can be done in person or through a delivery service with a return receipt. If you need to make changes to the work scope, you will file a PAA (along with an additional L2 application).

• For Alteration and New Building (plumbing work is available on Alt. 1 & 2s, and NBs) filings with multiple work types, the filing representative will generally be the person submitting the L2 form. You should be aware that the DOB reserves the right to reject individual work type permits if in their opinion the work applied for is related to the violation.

• If the override request is rejected for any reason you cannot legally do the work.

For questions specifically pertaining to L2 disapprovals issued by the LAA/Permit Renewal Unit, appointments can be made by phone, email, or in person.

CONTACT:

Email: [email protected]

Phone: (212) 393-2406


Go to the DOB BIS screen: http://a810-bisweb.nyc.gov/bisweb/bispi00.jsp. Enter in the property information.

If the building has a stop work order it will generally display this message in the middle of the page;

STOP WORK ORDER EXISTS ON THIS PROPERTYAt the bottom left section of the screen you will see the following:

Recommendations: Licensed plumbers should look-up the buildings status before they provide an estimate to the owner. At this point in time there is really no reasons to have to go back to an owner after the contract is signed and tell them you cannot get a permit because the building has a violation. We suggest that you add contract language that states that the owner is responsible to obtain override or waiver or you can do it an additional charge.

To view the forms and service notices associated with this process please visit www.nycmpc.org/L2req/.

hOw tO tELL If A BuILDING hAS A wwP Or SwO vIOLAtION:

If a building has any WWP violations they should show up here.

Complaints 16 0

Violations DOB 40 18

Violations-ECB (DOB) 18 11

This property has 2 open ECB “Work Without A Permit” Violations and may be subject to DOB civil penalties upon application for a permit. After obtaining the permit, a certificate of correction must be filed on the ECB violations.

CaSElla & CaSElla, llP1200 South Avenue, Suite 201Staten Island, New York 10314

www.CasellaAndCasellaLaw.comRalph P. Casella, Esq. has been representing plumbers since 1971 in the following:

Applications for Licensing, Buildings Department and OATH Investigations, Disciplinary Matters, Challenging License Application Denials in Court, Appeals, and Appearances before Licensing Board.

Ralph P. Casella is the former attorney for the Richmond County Plumbing Contractor’s Association, Plumbers Union Local 371; Plumbers Union Local 1, Brooklyn and Queens; Plumbers Union Local 1

for the City of New York.

Contact Ralph Casella at (718) 979-1137“Ralph Casella is the most knowledgeable attorney I’ve met regarding the plumbing industry, licensing, disciplinary matters and general plumbing business practices”

Emmanuel A. Troise, Jr.

Master Plumbers Councilof the City of New York, Inc.104-09 Metropolitan AvenueForest Hills, NY 11375(718) 793-6300

Gregory T. ChillinoAttorney at Law

Former Director of Prosecutions and Investigative Attorneyfor NYC Department of Buildings

administrative Hearings, licensing Matters and DisciplinaryProceedings, article 78’s, ECB Violations, Civil litigation.

315 Madison AvenueSuite 901New York, NY 10017

[email protected]

PRSRT STDU.S. POSTAGE

PAIDFLUSHING, NY

PERMIT No. 1045

The Voice of the Licensed Master Plumber June 2013 Edition

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