Plumbing Board Meeting Minutes @ 9:30 a.m. Minnesota Room Department of Labor and Industry 443 Lafayette Road North, St. Paul, MN 55155 Members Grant Edwards (Vice Chair) Scott Eggen John Flagg Mike Herman (via teleconference) Larry Justin Jim Kittelson Jim Lungstrom (Comm. Designee) John Parizek (Chair) (via teleconference) Phillip Sterner (Secretary) Members Absent Jeff Brown Henry Gretsfeld Pete Moulton DLI Staff & Visitors Wendy Legge (Chief Gen. Counsel, DLI) Jeff Lebowski (Gen. Counsel, DLI) Jim Peterson (DLI) Cathy Tran (DLI) Lyndy Logan (DLI) Charles Olson (DLI) Brian Noma (MDH) Sean Flaherty (NFSA-MN) Tom Brace (NFSA-MN) Dean Berckes (Military Affairs) Tom Anderson (Plumber) Matt Marquis (MMCA) Matt Marciniak (IAPMO) David Ybarra (MN Pipe Trades Assoc.) Richard Hauffe (ICC) Tim Power (MN Nursing & Landscape Assoc.) Adam Hanson (ABC) Ray VinZant (Midway Votech) Tom McLaughlin (Local 34) Gary Simmons (Twin Cities Rooter) Ray Bohn (NFSA) Dave Wagner (AWWA) I. Call to Order The meeting was called to order by Vice Chair Edwards at 9:34 a.m. Roll call was taken by Secretary Sterner and a quorum was declared with 9 of 12 voting members present in person or via teleconference. Introductions and housekeeping announcements were made. II. Approval of meeting agenda A motion was made by Justin, seconded by Flagg, to approve the agenda with the removal of (closed session due to attorney-client privilege) under VI. Special Business, item A) Ongoing Litigation Updates. In addition, contact information for Lyndy Logan was updated. The roll call vote was unanimous, with 9 votes in favor of the motion; the motion carried. Plumbing Board Meeting Minutes P a ge 1
III. IV. Approval of previous meeting minutes A. A motion was made by Justin, seconded by Herman, to approve the October 18, 2016, regular meeting minutes as presented. The roll call vote was 8 votes in favor of the motion and one abstention; the motion carried. B. A motion was made by Justin, seconded by Flagg, to approve the December 28, 2016, special meeting minutes as presented. The roll call vote was 7 votes in favor of the motion and two abstentions; the motion carried. Regular Business Approval of expense reports Parizek approved the expenses as presented. V. Committee Reports A. Department Updates Nothing to report B. Executive Committee Nothing significant to report. C. Construction Codes Advisory Council Eggen gave an update The CCAC met to discuss changes to their Bylaws; nothing plumbing related was discussed. VI. Special Business A. Ongoing litigation Updates Legge gave an update The Court of Appeals determined that the new plumbing code is valid as part of the lawsuit by Water in Motion et al, the petitioners. The petitioners had 30 days to petition the Supreme Court for review of the decision and no petition was filed; therefore, all plumbing litigation has concluded and the litigation holds, both for the Board and the Department, have been lifted. B. Request for Action Sean Flaherty, NFSA, Minnesota. (See Attachment A) Request that the following language be added to 603.5.15: Backflow prevention devices as outlined in 603.3.8 and 603.3.9 shall not be considered plumbing, rather an integral part of the fire sprinkler system, and shall be installed by a licensed fire sprinkler fitter. These devices are an integral part of the fire protection system rather than a plumbing device which would allow installation. Reasons why this is important life safety and property protection aspects of the system. Need to make sure there are proper backflow preventers installed and the correct hydraulic characteristics matching the design for proper system operation. Their fear is that they may run into situations where the incorrect or undersized valve may be provided. They also feel that it is becoming more expensive to perform the work if additional subcontractors are needed to install the system and they expect there would be inevitable delays by having to coordinate with additional trades. Plumbing Board Meeting Minutes P a ge 2
Edwards said backflow preventers are currently installed by the plumber and inspected by fire sprinkler inspectors. Flaherty said they are asking that installation be allowed by a licensed fire sprinkler fitter. Edwards said that there is a stakeholders meeting between the interested parties and the Department scheduled for next week to discuss options for a solution to the issue. After that stakeholders meeting, a special Board meeting could be requested if necessary. Lungstrom noted that the stakeholders meeting was tentatively scheduled for January 21, 2017, and Flaherty confirmed that he would be attending the meeting. Edwards asked if Flaherty would like to defer his Request for Action until after the meeting and Flaherty said yes. Parizek also noted that he would be attending the stakeholders meeting and, if necessary, a special board meeting could be scheduled. Legge said that the Request for Action is only being deferred at this time; it would need to be addressed by the Board at another meeting if not withdrawn by the requestor. A motion was made by Eggen, seconded by Kittelson, to defer the Request for Action, Attachment A, until further information is obtained. The roll call vote was unanimous, with 9 votes in favor of the motion; the motion carried. C. Chapter 4714 proposed amendments Justin reported on the Ad-Hoc Rulemaking Committee recommendations, and referred to page 7 and 8 of the 12/14/2016 Ad-Hoc Rulemaking Committee minutes (committee recommendations shown below): B) 2015 Minnesota Plumbing Code Rulemaking Request 1. 4714.0204 Definitions Hold Justin recommended putting this item on hold until review of other items. 2. 414.3: Drainage Connection No recommended changes Domestic dishwashing machines shall discharge indirectly through an air gap fitting in accordance with Section 807.4 into a waste receptor, a wye branch fitting on the tailpiece of a kitchen sink, or dishwasher connection of a food waste grinder. Commercial dishwashing machines shall discharge indirectly through an air gap or direct connection in accordance with Section 704.3 with floor drain protection. Eggen said the question came from a Request for Interpretation asking: Does the dishwasher drainage connection have to discharge to an airgap fitting on the same floor? The answer was determined to be Yes, it does. The Committee determined that on the same floor did not need to be added to the language above. Plumbing Board Meeting Minutes P a ge 3
3. 4. 807.4: Domestic Dishwashing Machine No recommended changes No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer without the use of an approved dishwasher air gap fitting on the discharge side of the dishwashing machine. Listed air gaps shall be installed with the flood-level (FL) marking at or above the flood level of the sink or drainboard, whichever is higher. 905.3: Vent Pipe Rise Recommendation to move forward with rulemaking process (Note there is a spelling error in 2 nd para, page 8, the word les should be less ). Except as provided elsewhere in this code, each vent shall rise vertically to a point not less than 6 inches (152 mm) above the flood-level rim of the fixture served before offsetting horizontally, and where two or more vent pipes converge, each such vent pipe shall rise to a point not less than 6 inches (152 mm) in height above the flood-level rim of the plumbing fixture it serves before being connected to any other vent. Unless prohibited by structural conditions, each vent shall rise vertically to a point not less than 6 inches (152 mm) above the flood-level rim of the fixture served before offsetting horizontally, and where two or more vent pipes converge, each such vent pipe shall rise to a point not less than 6 inches (152 mm) in height above the flood-level rim of the plumbing fixture it serves before being connected to any other vent. Vents les (should read less ) than 6 (152 mm) above flood level rim of the fixture served shall be installed with approved drainage fittings, material, and grade to drain. Reason: This eliminates the concern on vents for floor drains/flammable waste, etc. with vents in the middle of rooms. Legge said this would not be the appropriate time to vote on final language for a proposed rule; instead the appropriate motion would be a motion to move forward with the rulemaking process with language consistent with the intent of the proposed language. Legge noted that attorneys for the Board would work with the Chair to determine the language to submit to the Revisor and then the Revisor would prepare a draft. The attorneys for the Board would then present a Revisor s draft to the Board. Legge also pointed out that the Minnesota amendment to 905.3 could be repealed if the Board wished to go back to the original UPC language. Plumbing Board Meeting Minutes P a ge 4
5. IAPMO IS 7-2008: Installation Standard For Polyethylene (PE) Cold Water Building Supply and Yard Piping Recommendation to move forward with rulemaking process 6. IAPMO IS 8-2006: Installation Standard For PVC Cold Water Building Supply and Yard Piping Recommendation to move forward with rulemaking process Motion was made by Eggen, seconded by Herman, to recommend to the Board to delete the incorporation by reference to IAPMO IS 7-2008. (Should read IAPMO IS 8-2006.) 7. Chapter 10 Traps and Interceptors No recommended changes Justin said there was no specific section. Tran said there are challenges in Chapter 10 with inconsistencies among jurisdictions regarding design, material types and sizing requirements. A motion was made by Edwards, seconded by Justin, to proceed with the rulemaking process in accordance with the intent recommended by the Ad-Hoc Rulemaking Committee for items 4, 5, and 6 shown above, and the modification noted above that item #6 refers to IAPMO IS 8-2006 not IAPMO IS 7-2008. The roll call vote was unanimous, with 9 votes in favor of the motion; the motion carried. [9 of 9 voting members present voted in favor of the motion, out of a total of 12 voting members] VII. VIII. IX. Complaints Nothing to report. Open Forum A) Phil Sterner, Chair of the Inspection Uniformity on a State-wide Basis Committee said he will contact members regarding proposed dates. Members: Sterner (Chair), Eggen, Kittelson, Lungstrom, Parizek, and Edwards. B) Tim Power, Minnesota Nursey and Landscape Association, addressed the Board. After a brief discussion Tim Power said he withdraws his Request for Interpretation and will submit a Request for Action to the Board covering the same topic. Correspondence Nothing to report. X. Board Discussion Parizek said that all of the proposed amendments to IAPMO were submitted on time. Plumbing Board Meeting Minutes P a ge 5
VIII. IX. Announcements Next regularly scheduled meetings in 2017 all meetings will be held at 9:30 a.m. in the Minnesota Room. The Executive Committee meetings occur at 8:00 a.m. prior to each regular meeting in the Minnesota Room. A) April 18, 2017 B) July 18, 2017 (annual meeting) C) October 17, 2017 Adjournment A motion was made by Kittelson, seconded by Justin, to adjourn the meeting at 11:23 a.m. The roll call vote was unanimous, with 9 votes in favor of the motion; the motion passed. Respectfully submitted, Phil Sterner Phil Sterner, Board Secretary Plumbing Board Meeting Minutes P a ge 6
Attachment A
Attachment A
Attachment A
Attachment A