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HomeMy WebLinkAboutordinance.council.009-61ORDINANCE NO. 9 (Series of 1961) AN ORDINANCE REGULATING THE INSTALLATION, ALTERATION AND REPAIR OF PIPES, APPLIANCES, FIXTURES AND EQUIPMENT TO BE USED OR IN USE FOR THE UTILIZATION OF NATURAL OR OTHER GAS FURNISHED THROUGH MAINS OF THE GAS UTILITY HOLDING FRANCHISE THEREFOR; PROVIDING FOR LICENSES AND PERMITS AND COLLECTION OF FEES AND PRESCRIBING PENAL- TIES FOR VIOLATIONS THEREOF; AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION ~. SHORT TITLE. This Ordinance shall be known and may be cited as "The Gas Ordinance of the City of Aspen, Colorado.'~ SECTION 2. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words and their deriva- tions shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "City" is the City of Aspen, Colorado. (2) "City Council" or "Council" is the City Council of the City of Aspen, Colorado. (3) "Consumer" is any person using gas, including gas for residential, con~nercial or industrial purposes or any combination of such purposes. (4) "Gas" is artificial gas, natural gas, or mixed gas consisting of both artificial and natural gas. (5) "Gas appizance is any domestic appliance such as stove, heater, burner, water heater, or other appliance or device used for burning gas or using gas in its operation. (6) "Gas Company" is any person holding and exercising a franchise in the City for the distribution of gas within the corporate limits of the City. (7) "Gas Facility'! is piping, fittings, meters, and other facilities used for the distribution, transmission or delivery of gas to or for use in gas appliances. (8) "Gas Fitter" is any person who constructs, installs, extends, alters or repairs any gas facility or gas appliance° (9) "Gas Inspector" is the gas inspector of the City of Aspen (Officer charged with the responsibility of inspect- ing gas facilities, gas appliances and performing other func- tions as herein prescribed.). (10) "Permittee" is the person having a valid permit issued hereunder. (11) "Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind° (12) "Vent and Vent Connector" is a pipe, flue or chimney designed or installed to carry the products of com- bustion from a gas appliance to the outside atmosphere. SECTION 3. LICENSE. No individual, no owner, or no employee shall construct, install, extend, alter, repair or improve any gas facility, or gas appliance within the City unless such per- son has first procured a gas fitter's license therefor from the Gas Inspector as provided herein. All applications for such license shall be in writing upon forms to be prescribed by the Gas Inspec- tor. Ail licenses issued under the provisions of this Ordinance shall expire the 31st day of December each year, unless sooner revoked as herein provided, shall be non-transferable and shall be posted conspicuously to public view in the principal place of busi- ness of the licensee. The provisions of this section apply on only to such work as is performed on the property or premises of consumers° SECTION 4. SURETY BOND. Before any license is granted to any person hereunder, there shall be filed with the Gas Inspector a bond in the sum of ~wo Thousand Dollars ($2,000.00) executed by the applicant and a surety company authorized to do business in this State asa surety, running to the City, conditioned upon the faithful performance by the licensee of all work in full compliance with all provisions of this Section and any person injured by failure of said licensee to comply with the provisions of this Section shall have a right to action against the licensee and his surety in his name;~ovided, however, that any person wishing to avail himself of the benefits of the surety bond shall commence action thereon within one year after the date of the completion of the work alleged to have been improperly performed; and provided further tha~ any individual, firm, partnership, association, cor- poration, or company employing gas fitters may elect to furnish a company bond in the amount of Two Thousand Dollars ($2,000.00) covering all gas fitters employed by such individual, firm, part- nership, association, corporation or company. The bond herein required shall expire on December 31 next following the approval by the Clerk and thereafter by January 1 of each year a new bond, in form and substance as herein required, shall be given to cover all work performed during such year. A license as hereinabove provided may be issued upon approval of such surety bond, provided the requirements hereof and hereafter are fulfilled. Indemnity Bond or Liability Insurance Required. Before any license is granted to any person hereunder there shall be filed with the Gas Inspector an indemnity bond, which may be furnished by the person to be licensed or by the firm, partnership, association, corporation, or company employing such person, in the amount of at least Twenty-five Thousand Dollars ($25,000.00) for bodily injury to any one person; in the amount of Fifty Thousand Dollars ($50,000°00) for injuries to more than one person which are sustained in the same -2 - accident and Five Thousand Dollars ($5,000.00) for property damage resulting from any one accident. Said bond or bonds shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his servant, or agents. Said bond or bonds shall be filed in the office of the City Clerk and shall have as surety thereon a surety company authorized to do business in the State of Colorado. In lieu of this indemnity bond, a liability insurance policy issued by an insurance company authorized to do business in the State of Colorado, may be filed. Such policy shall conform to the provisions of this section relating to bonds. Operation Without Bonds Prohibited. No gas fitter shall perform any work covered by the provisions of this Ordinance nor shall the Gas Inspector approve such work unless such work is covered by the bonds required in this section. SECTION 5. BOARD OF EXAMINERS. There is hereby created a board to be known as "Board of Examiners for Gas Fitters" for the purpose of examining applicants fp~ ~gas fitter's license. Said Board shall consist of the Clty~?tr~°~wo individuals to be appointed by the City Council, who shall serve for a term of three years , and until their successors are appointed. At its first regular meeting the Board shall elect a chairman. A majority of the members of the Board shall constitute a quorum and be competent to transact any business. The Gas Inspector shall act as Secretary for the Board and shall keep a record of its meetings. It shall be the duty of the Board to examine all applicants for gas fitter's licenses hereunder and to certify to the Gas Inspector any applicant eligible to receive a license hereunder. SECTION 6. GAS INSPECTOR. There is hereby created the office o~Ep~s Inspector. The Gas Inspector~ ~hall be ammointed by under the Clty~-0urmsdzctmo the C~ty~~d shall be '~ ~*~*~*~ ' ' ' n as an employee of the City. SECTION 7. EXAMINATION FOR GAS FITTER'S LICENSE. Before any Gas Fitter's license is issued the applicant therefor shall first submit to an examination as to his fitness and skill by the Board of Examiners. Examinations shall be held from time to time as applications for Gas Fitter's licenses are filed, but in no event later than 30 days from the filing of said application at a time and place~' to be fixed by the Gas Inspector, who shall notify all pending applicants of such examination. The examination fee shall be ten dollars ($10.00) for each examination to be paid at the time the application for a license is filed. No applicant who fails to pass an examination shall be entitled to re-apply for examination within three (3) months of the date of that examination. SECTION 8. GAS FITTER'S LICENSE FEE. The license fee for a Gas Fitter shall be the sum of Ten Dollars ($10.00) for each calendar year or part thereof, provided that the license fee for - 3 - the year in which the examination before the Board of Examiners is given shall be reduced by the amount paid as an examination fee. Any licensee who at the end of any calendar year holds a license in good standing may upon payment of the required license~ fee obtain a new license for the year following without the necessity of submitting to a re-examination, provided, however, that the Gas Inspector shall have the authority torequire any prior licensee who has not renewed his license for a period of two (2) consecutive years to submit to another examination in accordance with the provi- sions hereof. SECTION 9. REVOCATION OR SUSPENSION OF LICENSE. Any license granted under provisions of this Ordinance may be suspended or revoked by the Gas Inspector whenever it shall be made to appear to him that the person to whom the license is issued has violated any of the provisions of this Ordinance. In the event the Gas Inspector shall suspend or revoke said license he shall cause to be served upon the licensee a formal order of suspension or revocation of said license which order shall recite the reason therefor° An appeal from any order of the Gas Inspector suspending or revoking a license granted hereunder may be taken to the Council within thirty (30) days after service upon the licensee of the order of sus- pension or revocation. Action by the Council upon such revocation or suspension shall be deemed final. The suspension or revocation of a license shall not entitle the licensee to refund of unearned portion of the fee paid. Any order provided for in this Ordinance shall be served either by delivering a copy personally upon the licensee, or by leaving a copy with some person of suitable age and discretion at the place of business of the licensee, or, if no person may be found at the place of business of the licensee, by leaving such order in a conspicuous place on the premises and mail- ing a copy of the order to the licensee at his place of business as set forth in his application for a license° SECTION 10. DUTIES AND FUNCTIONS OF GAS INSPECTOR. The Gas Inspector shall and is authorized and directed to enforce the provisions of this Ordinance and shall promulgate and enforce reasonable rules and regulations for carrying out its provisions and intent. The Gas Inspector, upon presentation of the proper creden- tials, may enter any building or premises at reasonable times for the purpose of making inspections and ascertaining whether there has been compliance with the provisions of this ©rdinanceo It shall be the duty of the Gas Inspector to confer from time to time, with ap- propriate representatives of the gas company, the local health department and the local fire department and otherwise obtain from proper sources all helpful information and advice respecting the safe and proper operations of gas facilities and gas applimnces, and he shall present to the Council recommendations for its considera- tion with reference thereto. SECTION 11: PERMITS. No person shall construct, install, extend, alter or repair a gas facility or a gas appliance without -4- first obtaining a permit to do such work from the Gas Inspector; provided however, that a permit hereunder is not required for setting, or connecting to a gas distribution line, any gas stove or room heater or for the repair of leaks in any gas facility. No gas company shall be required to obtain any permit hereunder in the performance of any work pertaining~ its own gas facility. The provisions of this section shall apPly only to such work as is performed on the property or premises of consumers. SECTION 12. EFFECT OF PERMIT. The issuance or granting of a permit shall not be deemed or construed to be a permit for or approval of any violation of the provisions of this Ordinance of any other law. No permit purporting to give authority to violate or cancel the provisions of this Ordinance shall be valid. SECTION 13. TEMPORARY USE OF GAS. When only temporary use of gas is desired, the Gas Inspector upon application may issue a permit for a temporary use ~r a period not exceeding sixty (60) days, provided that the consumer's gas facility is given a test similar to that required for any facility for which a longer use is contemplated. SECTION 14. GAS COMPANY'S FACILITY. No person, unless in the employ of the gas company, or having express authorization of the gas company, shall repair, alter or open a gas facility of the gas company or set or remove a gas service meter or do any other work on the gas supply system of the gas company° SECTION 15. EMERGENCIES. In the event of any emergency endangering the life, health, safety or property of any person necessitating immediate repairs to any gas facility or gas appliance, the owners of such gas facility or appliances without first obtaining a permit hereunder shall take or cause to be taken immediate emer- gency action for the protection of life, health, safety and property through such appropriate measures as may be required to cure or remedy the dangerous conditions and not later than the next succeed- ing business day such owner shall apply for a permit as required hereunder. SECTION 16. PROVISIONS OF PERMIT; FEE. Each permit shall state the kind of work to be performed thereunder and that it shall be unlawful for any person to do or perform any work other than that designated in said permit. Such permit shall also state the location by street and number of the consumer's premises where such work is to be done and shall be valid only for the location so stated. A separate permit shall be issued for each consumer's premises and shall termiha~e ninety (90) days after issuance unless extended by the Gas Inspector for good and sufficient cause. The City Clerk shall collect a fee of One Dollar ($1.00)for each permit issued° SECTION 17. NOTICE TO GAS INSPECTOR. When any work done under a permit issued by the Gas Inspector is completed and ready for inspection, the person to whom the permit has been issued shall within 24 hours after completion, give notice to the Gas Inspector that the same has been completed mmd is ready for inspection, and the Gas Inspector shall cause said work to be inspected within a reasonable time thereafter. SECTION 18. INSPECTION FEES. The City Clerk shall collect the following fees for inspections required under this Ordinance: each inside gas piping system exceeding 1~" inside diameter, $2.50; each inside gas piping system of 1~!~ inside diameter or less, for original installation of appliance, $2.00; each inside gas piping system of 1~" inside diameter or less where replacement of appliance only is required and one inspection only is required, $1.50, each inspection of any other gas facility of appliance, $1o00. SECTION 19. ROUGH PIPING INSPECTION. Rough piping Inspec- tion shall be made by the Gas Inspector after all piping authorized by the permit has been installed before such piping has been covered or concealed or any fixture of gas appliance has been attached thereto° SECTION 20. TESTS AND FINAL PIPING INSPECTION. Tests or final piping inspection shall be made by the Gas Inspector after all piping authorized by the permit has been installed and after all portions thereof which are to be concealed by plaster or otherwise have been installed but before being concealed and before any fixtures or gas appliances have been attached thereto° This inspection shall include a pressure test at which time the piping shall stand an air pressure of ten (10) pounds per square inch for a period of at least fifteen (15) minutes without any per- ceptible drop in pressure. Ail tools, apparatus, labor and assistance necessary for the test shall be furnished by the permittee. SECTION 21. INSPECTION WHERE GAS NOT USED FOR SIX MONTHS. A new permit shall be required for a consumer's premises which have already been piped for gas, but in which no gas has been used for a period of six (6) consecutive months or more. SECTION 22. CERTIFICATE OF APPROVAL. Upon the comple- tion of the work for which a permit has been issued the Gas Inspector shall issue a certificate of approval if, after inspection, it is found that such work has complied with the provisions of this Ordinance and has been performed in full conformity with this Ordinance. A duplicate of each certificate of approval shall be delivered to the gas company and used as its authority to grant gas service. The form and contents of such certificate shall be prescribed by the Gas Inspector. SECTION 23. DEFECTIVE WORK ANDMATERIALS. If the inspec- tion shall show that defective materials have been used or defective workmanship has been performed in the construction, installation, alteration, repair or extension of any gas pipe fixture in or on any consumer's premises such defective materials, or work shall be -6 - replaced by the permittee within three (3) days, after which the Gas Inspector shall re-inspect the replaced materials or work. SECTION 24. DISCONNECTION OF DANGEROUS OR DEFECTIVE FACILITIES. The Gas Inspector is authorized to cause to be discon- nected any gas facility or appliance connected before a certificate of approval has been issued which upon inspection shall be found defective or in such condition as to endanger life, health, safety or property. In all cases where such disconnection is made a notice shall be affixed thereto and shall state that the same has been disconnected by the Gas Inspector, together with the reason or reasons therefor and it shall be unlawful for any person to re- move said notice or to reconnect said gas facility or appliance until authorized by the Gas Inspector to do SOo SECTION 25. GAS COMPANY'S REFUSAL OF SERVICE. The gas company is authorized to discontinue or refuse to supply gas for any gas facility, or gas appliance which it may find to be defective or leaky or in such condition as to endanger life, health, safety, or property. In such case, the gas company shall immediately give w~itten notice of discontinuance or refusal of service to the Gas Inspector and to the consumer. The GAs Inspector shall immediately make an investigation of the conditions reported by the gas company and it shall be unlawful for any person to reconnect said gas faci- lity or appliance until authorized hy the Gas Inspector. SECTION 26. STANDARDS APPLICABLE. The construction, installation, extension, maintenance, alteration or repair of any gas facility, gas appliance, vent or vent connector or any other work pertaining to gas facilities and gas appliances within the purview of this Ordinance shall be performed in accordance with the provisions of this Ordinance and with the requirements, standards and provisions of the National Board of Fire Underwriters, Pamphlet No. 54 and Section 2 of the "American Standard Code for Gas and Air Installation (A.S.A. B31, Section 2), all such Piping in Industrial ' " code provisions being on file in the office of the City Clerk and available for public inspection, and being hereby adopted by refer- ence and incorporated in this Orc~ance to the same extent as if in- cluded in verbatim form and constituting standards of the City for the purpose of this Ordinance. In the event any of the provisions of such codes conflict with any of the provisions of this Ordinance, the provisions of this Ordinance shall govern and be controlling. Ail amendments and additions to the provisions of said codes when ordered by the Council to be filed with the City Clerk shall thereupon become amendments and additions hereto and shall have the same force and effect as the original codes herein identified, pro- vided that if any provisions of such amendments and additions are in conflict with any of the provisions of this Ordinance the provi- sions of this Ordinance shall govern and be controlling° SECTION 27. UNLINED CHIMNEYS° No unlined chimney shall be used as a gas vent. Ail brick, concrete or masonry chimneys shall be provided wzth an approved corrosion resistant liner. SECTION 28. USE OF EXISTING FLUES. No existing flue shall be used to vent gas appliances unless it will deliver the product of gas combustion to the outer atmosphere in a manner in accordance with accepted standards for the protection of health and safety and as approved by the Gas Inspector. SECTION 29. WATER HEATERS AND SPACE HEATING VENTS° No person shall install or use any gas-fired water or room heater without a proper vent and vent connection. SECTION 30. VENTS FOR GAS APPLIANCES. Type C vents shall not be used to vent a gas appliance directly to the outside atmos- phere. Any single wall vent shall be considered a type C vent unless such vent has been approved as a type E or EW-A vent by the Gas Inspector. SECTION 31. PROHIBITION OF BLACK FLUE PIPE. No person shall install any black flue pipe for the purpose of venting products of combustion for a gas-fired appliance° SECTION 32. AIR FOR COMBUSTION. Ail air ducts or per- manent openings supplying air shall have a minimum of 50 square inches of free air each or 1 square inch per thousand Bo T. U. input, whichever is g~ter. SECTION 33. DOWNDRAFTS. in the event conditions are such that chimney vent vertical flue has insufficient natural draft to carry away properly the products of combustion provisionsshall be made by the owner to rectify such conditions or provide mechanical means for maintaining constant updraft during the use or operation of the gas appliance. The Gas Inspector shall inspect the draft and it must have his approval before the appliance may be operated. SECTION 34. VENT CAP OR TOP INSTALLATIONS PERMITTED° The installation of an approved vent cap or top which will prevent precipitation from entering the vent shall be installed. An ap- proved vent cap or top shall be so constructed that it will prevent birds from entering the vent and so constructed that it cannot slip down and block the vent opening. Such an approved cap or top shall be positioned so that: (1) for slopes less than 12 diagonal 12 pitch (45%) a 12-inch clearance is maintained between the roof or other obstructions and the lower portion of the top, and (2) for roof slopes greater than a 12 diagonal 12 pitch a 4-foot horizontal clearance is maintained between the roof or other obstruction and the lower portion of the top. A vent cap or top installed on the vent at its terminus shall have a free open area equal to the cross sectional area of the vent pipe on which it is installed° SECTION 35. VENTS AND NUISANCES. No person shall permit or suffer any vent to unduly annoy the residents, occupants or owners of any building in the neighborhood. If such annoyance - 8 - is caused by any vent, the Gas Inspector shall cause the vent to be altered, re-located or improved, or carried to such height as may be necessary for the protection of the neighboring property. SECTION 36. HEATING APPLIANCE CONVERSION. Ail heating appliances which are converted to gas shall be vacummed, cleaned and brushed down. SECTION 37. REQUIREMENTS OF NEW OR USED GAS APPLIANCES. Hereafter it shall be unlawful for any person to install or use any new gas appliance which has not been approved by the Gas Inspector° If a new gas appliance is approved by the "American Gas Association Testing Laboratories" or "Underwriters Laboratories, Inc." it shall be considered an approved appliance within the meaning of this Section provided it is marked or labeled with a distinctive trademark or name as a means of identification and bears information showing the approval of such laboratories and the rated heat imput in B.T.Uo per hour. Ail new hot water heaters and heating appliances shall also be equipped with an American Gas Amsociation approved, complete shut-off type pilot. Used gas appliances hereafter installed for use on consu- mer's premises shall be approved by the Gas Inspector for safety and shall be identified accordingly. SECTION 38. EXCEEDING RATED CAPACITY. In no case shall a gas appliance be fired or adjusted to pass a greater amount of gas than the rated capacity of the particular gas appliance. SECTION 39. REPAIRS AND ALTERATIONS. Repairs and altera- tions to gas facilities or gas appliances shall be made with such materials, by such methods and according to such standards as are provided for by this Ordinance for new work except when in the opinion of the Gas Inspector it is impractical to do so. SECTION 40. LOCATION OF SHUT-OFF SERVICE. Gas service shutoffs shall be installed on all new service lines, including replacements at an easily accessible place outside of the building served. SECTION 41. UNDERGROUND SERVICE LINES. Any gas service line entering any building underground without rising first above ground shall pass through a vented pit or encasement directly adja- cent to the building or vented by means of a curb box. SECTION 42. GAS TIGHT PIPES. Any gas line entering a building under ground shall be sealed gas tight at the building line in a manner approved~.~ by the Gas Inspector. SECTION 43. CONVERSION OF GAS APPLIANCES TO GAS° Before a gas supply is furnished by the gas company to a consumer who has -9 - previously been using butane or other liquified petroleum gases, the gas company shall properly adjust all appliances to insure safe operation of the burners and proper combustion of the gas. SECTION 44. DEVICES FOR REDUCINGC~S CONSUMPTION. No person shall install or use any device intended as an adjunct or addition to a gas appliance or to be suspended above or wholly or partially to enclose any burner of a gas appliance in such manner as to reduce the effectiveness of the ignition of the gas issuing from the burner or impair combustion of said burner. No person shall cause gas supplied by the gas company to bypass the meter by which the amount of gas supplied by the company is measured. SECTION 45. UNAUTHORIZED DEVICES. No person shall sell or offer to sell, lease~ connect or install, within the corporate limits of the City any device purporting to reduce gas consumption when such device is intended as an adjunct or addition to a gas appliance which in any way will reduce the effectiveness of ignition of the gas issuing from the burner or impair the combustion of such burner° SECTION 46. PROXIMITY OF GAS TO WATER LINE. No person shall install a gas service line on consumer's premises in the same ditch as the water service line without written permission of the City Water Department. SECTION 47. LIABILITY OF THE CITY. This Ordinance shall not be construed as imposing upon the City or any official or em- ployee thereof any liability or responsibility for damages to any person injured by any defect in any gas facility or appliance or by any work in connection therewith; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder or by the issuance of any certificate of approval, permit or license hereunder by the Gas Inspector. SECTION 48. TESTING OF PIPING ON NEW CONSTRUCTION; FEES. Before any newly constructed gas distribution or transmission system is finally put in service it shall '~be carefully tested in conformity with the codes adopted by this Ordinance to assure that it is gas tight. The Gas Inspector shall coordinate his tests of the distri- bution system with that of the permittee so as to avoid duplicate tests. The Gas Inspector shall be reimbursed by the permittee for all expenses in connection with such tests of inspections and the Gas Inspector shall render proper accounting to and deposit daily fees and funds derived hereunder with the City Clerk° SECTION 49. TESTING OF EXISTING SYSTEM. Any distribution or transmission gas system constructed prior to the effective date of this Ordinance shall be given a test for leaks in themanner pre- scribed in the NBFU and American Standards Association Codes afore- mentioned, incorporated as part of this Ordinance, relating to the up-rating and increasing of pressure in existing mains. Whenever the said code relates to up-rating and increasing pressure in exist- ing mains it shall also apply equally where natural gas is introduced 10 - into existing mains which have previously carried manufactured gas. SECTION 50. ALLOWABLE PRESSURES FOR PRIOR CONSTRUCTED SYSTEMS. No prior constructed low pressure distribution system may be changed to a high pressure system and no high pressure system may be raised to a higher pressure system after the effective date of this Ordinance without following the practices set forth in the American Standards Association Code, which provisions of said code are hereby adopted by reference and incorporated by reference in this Ordinance to the same extent as if incorporated verbatim herein, and are placed on file and open to public inspection in the office of the City Clerk. In the event any of the provisions of such Code conflict with any of the provisions of this Ordinance, the provisions of this Ordinance shall govern and be controlling. Ail amendments and additions to said Code when ordered by the Council to be filed with the City Clerk shall thereupon become amendments, provided they are not otherwise in conflict with this Ordinance. Notice of any change in the pressure shall be given to the Gas Inspector before the change is effected. SECTION 51. SERVICE TO STEEL MAINS. Service connections shall not be made to steel mains by means of a clamp or saddle-type service connection, except by special permission of the Gas Inspector. SECTION 52. PROHIBITED PIPE INSTALLATION° Rubber, plastic of nonmetallic pipe shall not be used in any distribut~n or trans- mission system for gas. SECTION 53. LOCATION OF PIPES. Gas pipes shall have a lateral clearance of not less than 4 feet from water mains and 12 inches from any other sub-surface structure; provided, that under exceptional circumstances the City Engineer, with the written con- sent of the owner of the utility line involved, may authorize a lesser clearance. Pipe shall have a vertical clearance of 12 inches when crossing another pipe. Pipes shall be laid~ith a normal cover of 24 inches and in no case less than 18 inches minimum. Where the trench is in rock the cover may be 12 inches if the pipe is properly cushioned. In the event interferences with other sub-surface struc- tures make it impractical to maintain such depths the City Engineer with the written consent of the owner of the U~ility line involved, may permit gas pipe lines and mains to be constructed so as to avoid such sub-surface structures° SECTION 54. DISTRIBUTION A~qD TRANSMISSION LINES. The construction, operation and maintenance of gas distribution and transmission lines in the City shall be in accordance and comply with the provisions of Section 8 of the "American Standard Code for Pressure Piping-Gas Transmission and Distribution Piping System," 1958 Edition A.S.A. B31.1.8,1958) which provisions are on file in the office of the City Clerk and open to public inspection and are hereby adopted by reference and incorporated by reference in this Ordinance to the same extent as if incorporated in verbatim form herein, provided that in the event any of such provisions of such Code conflict with any of the provisions of this Ordinance the pro- visions of this Ordinance shall govern and be controlling° Ail - 11 amendments or revisions to said A. S. A. Code herein incorporated when ordered by the Council to be filed with the City Clerk shall thereupon become amendments and revisions hereto provided that they are not otherwise in conflict with this Ordinance. SECTION 55. CATHODIC PROTECTIVE PIPE. If the gas company installs cathodic protective pipe it must comply with the following requirement: Furnish the City Engineer with the description of the place or places where the anode has been installed° SECTION 56. PENALTY. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) or be imprisoned in the City Jail for a period not exceeding 90 days or be both so fined and imprisoned. Each day such violation is com- mitted or permitted to continue, shall constitute a separate of- fence and shall be punishable as such hereunder. SECTION 57. SEPARABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof° SECTION 58. EMERGENCY. An emergency is declared to exist and the immediate passage of this Ordinance is necessary for the public peace, health and safety of the inhabitants of the City of Aspen, Colorado, and this Ordinance shall be in full force and effect five (5) days after its final publication° INTRODUCED, READ and ORDERED published as provided by law by the City Council of Aspen, Colorado, at its regular meeting held at City of Aspen on this 5th day of September, 1961o / · AYOR ATTEST: /~// CITY CLERK FINALLY passed, adopted and approved on this / // CLERK day / MAYOR I City Clerk of the City of Aspen, Colorado, do h%re~//certify that the ~oregoing Ordinance was introduced and re~a~ at a regular meeting of the Ci~ ~oun~il of said City of Aspen he~d o~ the ~ day of~ 196/, and by order of said City Counc~was pugli~h~ as ~' proposed ordinance as the law directs and for mo~e than ten days ~rior to its p~ssage in the ~speD Times, }ega~ newspaper; and t~at on the // ~ay of .~ 196 /~ the said proposed ~rdinance was read and p~ssed by the City Council aforesaid, the said meeting of said City Council bein~ a regular meetin~ and ordered published in the aforesaid news- paper as the law directs. WITNESS my hand and ~e 0f~icial se~l pf/the City df AsDen, Colorado, this /~. day of ~/~ , 196/ .