Chapter 7.04 GAS – INSTALLATION OF SYSTEM

For the purpose of this chapter the following words, terms and phrases are hereby defined and shall have the meaning herein given to them. (Ord. 1492 § 1, 1956)

7.04.020 City engineer defined.

“City engineer” shall mean the city engineer or his duly authorized representative. (Ord. 1492 § 2, 1956)

7.04.030 Distribution system defined.

“Distribution system” shall mean the gas line, pipe lines, mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and all attachments, appurtenances and appliances necessary and incidental thereto or in any way appertaining to the distribution of gas. (Ord. 1492 § 3, 1956)

7.04.040 Gas defined.

“Gas” shall mean artificial, natural and/or mixed gas. (Ord. 1492 § 4, 1956)

7.04.050 Gas inspector defined.

“Gas inspector” shall mean the gas inspector of the city of Wenatchee or his duly authorized representative. (Ord. 1492 § 5, 1956)

7.04.060 Streets and alleys defined.

“Streets and alleys” shall mean and include streets, alleys, sidewalks, curbs, roads, highways, thoroughfares, parkways, bridges, viaducts, public grounds and public improvements within the city of Wenatchee. (Ord. 1492 § 7, 1956)

7.04.070 Maintenance, maintaining, maintained defined.

“Maintenance, maintaining or maintained” shall mean the relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating and restoring operations incidental thereto. (Ord. 1492 § 7, 1956)

7.04.080 Permittee defined.

“Permittee” shall mean any person, company, partnership or corporation or its successors and assigns holding a franchise to construct, lay, maintain and operate over, across, upon, along and under the present and future streets, alleys, sidewalks, curbs, roads, thoroughfares, parkways, bridges and public property and other places in the city of Wenatchee, a system of pipes, pipe lines, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and attachments, appurtenances and appliances incidental thereto or in any way appertaining thereto for the purposes of transporting, transmitting, distributing, selling and supplying gas for heating, lighting, power and any and all domestic, commercial and industrial purposes and other reasons and purposes to inhabitants, persons, firms, associations and corporations within the city of Wenatchee for public, domestic and industrial use. (Ord. 1492 § 8, 1956)

7.04.090 Person defined.

“Person” shall mean any person, firm, association or corporation. (Ord. 1492 § 9, 1956)

7.04.100 Transmission system defined.

“Transmission system” shall mean a pipeline installed for the purpose of transmitting gas from a source or sources of supply to one or more distribution centers or to one or more large volume customers. (Ord. 1492 § 10, 1956)

7.04.110 Permit required – Exception.

It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine, cut, or in any way obstruct or disturb any streets and alleys in the city of Wenatchee or to fill in, place, leave or deposit in or upon any streets or alleys any earth, refuse, gravel, rock or other material or thing tending to obstruct, disturb or interfere with the free use of the same for the installation and/or maintenance of a gas distribution or transmission system or for the purpose of making a utility connection with any premises, without first having obtained a permit and without complying with the provisions of this chapter, or at variance with the terms of any such permit; provided, however, that in case of an emergency arising out of office hours, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the police department and the necessary excavation may be made upon the express condition that an application be made in the manner herein provided on or before noon of the following business day. (Ord. 1492 § 11, 1956)

7.04.120 Application – Bond – Requisites – Amount.

Permittee shall make application to the city engineer for a permit and in connection therewith shall file a bond in the sum of $10,000 conditioned on faithful performance of the terms of the permit and holding the city of Wenatchee harmless from any loss, damage, cost or expense of any nature which may accrue to or be asserted against the city of Wenatchee by reason of any activities of permittee, its successors or assigns under this chapter.

In addition thereto said bond shall also be conditioned that permittee will comply with all of the provisions of this chapter and in case the permit authorizes cutting into or under any highway in the city, said bond shall be further conditioned that the person applying for or acting under said permit shall replace the portion thereof affected thereby and shall restore the same at its expense to as good or better condition within the time specified by the city engineer and that said permittee will maintain such street or alley so restored for a period of two years from and after such restoration. Settlement within said two year period shall be considered conclusive evidence of defective backfilling by the permittee. Acceptance of the work by the city engineer shall not prevent the city from making claim against the permittee for uncompleted or defective work if the same is discovered within two years of said acceptance. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after the completion of the work. (Ord. 1492 § 12, 1956)

7.04.130 Insurance – Type – Amount – Requisites.

Permittee shall at the time of applying for a permit as herein provided indemnify and save the city free and harmless from any and all liability, loss, cost, damage or expense from accident or damage, either to himself or to persons and property of others which may occur by reason of the exercise of the rights and privileges granted herein or under Ordinance 1316, and shall, for the purpose of carrying out the provisions of this section, and prior to commencing construction of any kind, have in full force and effect and filed evidence thereof with and approved by the clerk of the city a good and sufficient policy (or policies) covering $100,000 personal injury each person, $300,000 personal injury each accident and $50,000 property damage with said policy (or policies) to be executed by an insurance company (or companies) authorized and qualified to do business in the state of Washington, conditioned to indemnify and save harmless the city from and against any and all claims, actions, suits, liability, loss, costs, expense or damage of any kind or description which may accrue to or be suffered by anyone by reason of the erection, construction, reconstruction, relocation, replacing, readjustment, repair, maintenance or operation of the distribution system and appurtenances thereto or by reason of anything that has been done or may be done by the permittee hereunder which may in any wise cause liability by reason thereof, said policies to remain in full force and effect during the exercise of the rights and privileges granted herein or under Ordinance 1316 (franchise ordinance) by permittee, its successors or assigns. (Ord. 1492 § 13, 1956)

7.04.140 Piping – Testing – New construction – Required – Coordination.

Before any newly constructed distribution and transmission system is finally put in service it shall be carefully tested in conformity with the codes adopted by this chapter to assure that it is gas tight. The gas inspector shall coordinate his tests of the distribution and transmission system with that of the permittee so as to avoid duplicate tests. (Ord. 1492 § 14, 1956)

7.04.150 Prior systems – Allowable pressures.

Any distribution or transmission system constructed prior to the effective date of this chapter shall not be operated with a pressure to exceed 10 pounds per square inch gauge. Whenever the pressure is to be increased to exceed 10 pounds per square inch gauge, that portion of the system to be so uprated shall be given a test under pressure of twice the new operating pressure in a manner acceptable to the city engineer. (Ord. 1492 § 15, 1956)

7.04.160 Maintenance – Material specifications – Exceptions.

Maintenance of distribution and transmission systems shall be made with such materials and by such methods as are provided for by this chapter for new work except when in the judgment of the gas inspector it is impractical to do so. (Ord. 1492 § 16, 1956)

7.04.170 Piping – Certain types – Prohibited.

Rubber, plastic or nonmetallic pipe shall not be used in any distribution or transmission system. (Ord. 1492 § 17, 1956)

7.04.180 Service shutoffs – Location.

Service shutoffs shall be installed on all new services (including replacements) at the curb or property line for each service, or at an easily accessible place on the outside of the building served. If this latter method is used such service shall not enter a building directly without coming above ground. (Ord. 1492 § 18, 1956)

7.04.190 System piping – Location – Rules – Regulation.

All pipes shall be laid in alleys or easements whenever possible. Pipes shall have a lateral clearance of not less than four feet from water mains and 12 inches for any other subsurface structure; provided that under exceptional circumstances the city engineer, with the written consent of the utility involved, may authorize less clearance. Pipes shall have a vertical clearance of 12 inches when crossing another pipe. Pipes shall be laid with a cover of not less than 30 inches except that under exceptional circumstances the city engineer may authorize less coverage. When the trench is in rock the cover may be 24 inches if the pipe is properly cushioned as required in WCC 7.04.320(3). In the event interference with other subsurface structures makes it impractical to maintain the above depths the city engineer, with the written consent of the utility involved, may permit gas pipelines and mains to be constructed so as to avoid such subsurface structures. (Ord. 1492 § 19, 1956)

7.04.200 Construction – Operation – Maintenance – Safety Standard ASA Code – Adopted.

The provision of Section 8 of the “American Standard Code for Pressure Piping – Gas Transmission and Distribution Piping Systems” 1955 Edition (ASA B31.1.8-1955), and the “Rules and Regulations Pertaining to Matters of Public Safety in the Construction and Operation of Facilities for the Transmission and Distribution of Gas”, of the Public Service Commission of the state of Washington, consolidated Cause Nos. U-8799 and U-8800, adopted June 28, 1955, on file in the office of the city clerk, are each hereby adopted by reference as the construction, operation, safety and maintenance standards of the city of Wenatchee; provided that, in the event any of the provisions of the ASA Code conflicts with any of the provisions of this chapter or said state rules and regulations, the provisions of this chapter and/or the state rules and regulations, as the case may be, shall govern and be observed.

All amendments and additions to said ASA Code and/or the State Rules and Regulations, when printed and filed with the city clerk, shall thereupon become amendments and additions hereto, if not in conflict with the provisions of this chapter. (Ord. 1492 § 20, 1956)

7.04.210 Routing traffic – During construction – Rules.

During construction, traffic shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of abutting property and to the general public, provided that the city engineer may permit the closing of streets or alleys to all traffic for a designated period of time if, in his opinion, it is necessary. The permittee shall route and control all traffic, including its own vehicles, as directed by the police department. The following steps must be taken before any street or alley may be closed or restricted to traffic:

(1) Receive the approval of the city engineer and the police department.

(2) Notify the chief of the fire department of any street or alley so closed. Upon completion of construction work the city engineer and police department shall again be notified before traffic is moved back to its normal flow so that any necessary adjustments may be made. Where flagmen are deemed necessary by the city engineer they shall be furnished by the permittee at its own expense.

Through traffic shall be maintained without the aid of detours if possible. In instances in which this would not be feasible the city engineer will designate detours. The city will maintain roadway surfaces of existing streets designated as detours without expense to the permittee, except in case there are no existing streets, the permittee will construct all detours at its expense and in conformity with the specifications of the city engineer. The permittee will be responsible for any unnecessary damage caused to any streets by the operation of its equipment. (Ord. 1492 § 21, 1956)

7.04.220 Maintaining traffic – Pedestrian crossings.

The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon streets as little as possible. It shall construct and maintain adequate and safe crossings over excavations and across streets under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular and pedestrian crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate said traffic safely. The walk shall be not less than four feet in width and shall be provided with a railing if required by the city engineer. (Ord. 1492 § 22, 1956)

7.04.230 Utilities – Protection – Responsibility – Private property.

The permittee shall not interfere with any existing utility without the written consent of the city engineer and the utility involved. If it becomes necessary to move an existing utility this shall be done by the utility charged with the operation of the same. Whenever the permittee’s utility, occupying space in any street or alley, interferes with the actual construction of any public improvement, such utility shall be moved by the permittee. No utility, either publicly or privately owned shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee.

The permittee shall support and protect by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the construction or maintenance work and do everything necessary to support, sustain and protect the same under, over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they should be repaired by the authorities having control of the same and the expense of such repairs shall be charged to the permittee and its bond shall be liable therefor.

The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewers, gas pipe, electric conduit or other utility and its bond shall be liable therefor.

The permittee shall inform itself as to the existence and location of any underground utilities and protect the same against damage. (Ord. 1492 § 23, 1956)

7.04.240 Property – Generally – Protection.

The permittee shall at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the construction or maintenance work and shall be responsible for all damage to public or private property or streets and alleys resulting from its neglect to exercise proper protection in the prosecution of said work.

Whenever it may be necessary for the permittee to trench through any lawn area the sod shall be carefully cut and rolled and replaced after ditches have been backfilled, as in this chapter provided. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began.

Permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owner, or in the case of public parks, the city park department. (Ord. 1492 § 24, 1956)

7.04.250 Monuments – Preservation – Penalty.

The permittee shall not disturb any surface monuments or hubs found on the line of the improvements until ordered to do so by the city engineer. A penalty of $25.00 shall be imposed for any monument or hub disturbed without such order. (Ord. 1492 § 25, 1956)

7.04.260 Existing improvements – Damage – Liability.

All damage done to existing improvements during the progress of construction or maintenance work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of applicable ordinances. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repair the city engineer may cause said necessary labor and materials to be furnished by other parties and the cost shall be charged against permittee, which shall be liable on its bond therefor. (Ord. 1492 § 26, 1956)

7.04.270 Property lines – Easements.

Property lines and limits of easements shall be indicated on the plans and it shall be the permittee’s responsibility to confine its construction activities within these limits. Any damage resulting from trespassing beyond those limits shall be the sole responsibility of the permittee. (Ord. 1492 § 27, 1956)

7.04.280 Excavated material – Care – Rules.

All material excavated from trenches and piled adjacent to the trench, or in the streets, shall be piled and maintained in such a manner that the excavated material will not filter back into the trench until backfilling is begun. It shall also be piled so that as little inconvenience as possible is caused to public travel. When the confines of the area through which the gas pipes are to be laid are too narrow to permit the piling of excavated material beside the trench, such as might be in the case of an alley, the permittee may be required to haul excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all storage and disposal sites required. (Ord. 1492 § 28, 1956)

7.04.290 Public services – Interference – Prohibited.

The work shall be conducted so as not to interfere with access to fire stations and fire hydrants. Material or obstructions shall not be placed within 15 feet of fire plugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of material piles or other obstructions. (Ord. 1492 § 29, 1956)

7.04.300 Watercourses – Provision – Required.

The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the progress of the work, and shall replace the same in as good condition as it found them or shall make such final provisions for them as the city engineer may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, mud, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations, and shall be responsible for any damage resulting from its failure so to provide. (Ord. 1492 § 30, 1956)

7.04.310 Cleaning up – Rules – Liability.

As the construction or maintenance work progresses, all streets and alleys and private property shall be thoroughly cleaned of all rubbish, excess earth, rock or other debris resulting from such work. Cleaning up the location of such properties or highways shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer before final acceptance of said work. From time to time as may be ordered by the city engineer, and in any event, immediately after completion of said work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within 24 hours after having been notified to do so by the city engineer, said work may be done by the city engineer and the cost thereof charged to the permittee and the permittee’s bond shall be liable for the cost thereof. (Ord. 1492 § 31, 1956)

7.04.320 Trenches – Generally – Rules – Specifications.

(1) Except by special permission from the city engineer, no trench shall be excavated more than 300 feet in advance of pipe laying, nor left unfilled more than 700 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available to the site ready to put in place.

(2) Trenches shall be braced and sheathed according to the safety standards for construction work of the State Department of Labor and Industries of October 1, 1951, or any amendments thereof. No timber bracing, lagging, sheathing or other lumber shall be left in any trench.

(3) The completed trench for main construction shall be kept not less than 30 feet ahead of the pipe layers and the trench shall be of a width at least 12 inches plus the exterior diameter of the pipe except where pipes are of four inches in diameter or under. If rock is excavated it shall be removed to a depth of four inches below the bottom and the trench refilled with sand or noncorrosive soil or one and one-quarter-inch minus gravel and well tamped.

(4) The permittee shall furnish all necessary machinery for the work and shall pump, bail, or otherwise remove any water which accumulates in the trenches. It shall perform all work necessary to keep the trenches clear of water while the foundations and the masonry are being constructed or the pipe laid.

(5) Excavation for manholes and other structures shall be sufficient to leave at least 12 inches between their outer surfaces and the sides of the excavation. (Ord. 1492 § 32, 1956)

7.04.330 Trenches – Water – Prohibited – Exception – Liability.

Unless otherwise specifically permitted by the city engineer, water, either from surface or subsurface origin, will not be permitted in the trenches at any time during construction and until backfilling over the top of the pipe has been completed; nor will the ground water level in the trench be permitted to rise above an elevation of six inches below the pipe. Dewatering trenches, when required, may be accomplished in any manner the permittee desires, provided the chosen method has the approval of the city engineer. Any damage resulting from the failure of the chosen method to operate properly, however, shall be the responsibility of the permittee, and shall be repaired in a manner satisfactory to the city engineer at the permittee’s expense. (Ord. 1492 § 33, 1956)

7.04.340 Pavement – Breaking – Method.

Whenever it becomes necessary to break through existing portland cement concrete pavement (or sidewalk and curb) for the purpose of constructing gas service facilities the pavement shall be cut with a power driven concrete saw. The depth of the cut shall be not less than 20 percent nor more than 30 percent of the total thickness of pavement.

Asphalt paving shall be scored or otherwise cut in a straight line in a manner that will not damage remaining pavement. (Ord. 1492 § 34, 1956)

7.04.350 Tunnels – When allowed.

Tunnels under pavement shall not be permitted except by permission of the city engineer. (Ord. 1492 § 35, 1956)

7.04.360 Backfilling – Rules – Water from hydrant.

Backfilling in all public street and improved areas, both public and private, shall be compacted to not less than 95 percent as compared to the undisturbed ground in which the trench was dug. Compaction shall be done by mechanical tampers or vibrators, by rolling in layers or by water settling, as required by the soil in question.

When water is to be taken from a fire hydrant, the permittee must make written application in advance to the water superintendent. The superintendent shall then send a hydrant inspector to place a gate valve on one port of the hydrant. The hydrant valve shall be left in full open position at all times while the gate valve is in place and control of water flow shall be made by operating gate valve. The water department shall likewise be notified at the end of job so that the condition of the fire hydrant can be checked. Any damage done to the hydrant during the operation shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the water department. (Ord. 1492 § 36, 1956)

7.04.370 Water settling – Rules.

When backfilling is done by water settling excavations above utility installations shall be deposited uniformly in layers of not more than five feet in thickness and shall be thoroughly flooded. During the flooding, the water shall be allowed to flow slowly to the trench from high points and shall be worked down to the full depth of the layer of backfill with bars. All bars used shall be long enough to extend entirely through the layer being filled, and shall be forced down through the loose backfill material. As the bars are withdrawn, the water shall be allowed to flow downward around the bar. The channel or hole formed by the bar shall be kept open and the water kept running into it until the fill has settled. Sufficient hose shall be provided in order to apply water to the trench at intervals of not to exceed 100 feet. All work shall be done in such a manner as to obtain a relative compaction through the entire depth of the backfill of not less than that which exists adjacent to the excavation. (Ord. 1492 § 37, 1956)

7.04.380 Backfilling in rock – Materials required.

Wherever excavation is made through rock, pipe shall be laid four inches above the rock bottom of the trench and the space under, around and six inches above pipe, when rock shield or cushion plate of standard manufacture is not used, shall be backfilled with clean river sand, noncorrosive soil or one and one-quarter-inch minus gravel. Broken pavement, large stones, roots and other debris shall not be used in the backfill. (Ord. 1492 § 38, 1956)

7.04.390 Backfilling – Surface.

Backfilling shall be completed by placing the material well up over the top of the trench or in the case of concurrent street construction, to the grade of bottom of ballast and for dry backfilling, rolling with a roller of an approved type or with the rear of a truck carrying at least five tons, until the surface is unyielding. The surface shall then be graded as required. When a pipeline is laid at an elevation below the ground water level extreme care shall be exercised upon completion of the line not to allow the ground water to rise in the trench for settlement or other purposes until sufficient backfill has been placed over the pipe to prevent the pipe from floating. (Ord. 1492 § 39, 1956)

7.04.400 Restoration of surface – Specifications.

The permittee shall restore the surface of all streets and alleys to their original condition in accordance with the specifications of the city engineer.

The permittee shall be required to maintain in good condition for normal traffic use the surface over the street openings until such time as the permanent surfacing has been restored, subject to the approval of the city engineer.

The asphalt which is used in the bituminous mixture for pavement herein required, shall be in accordance with the specifications of the city engineer. Where street and alley surfacing is to be restored using a bituminous mixture, there shall be placed a minimum of six inches of compacted ballast, using three-inch minus rock. After the bituminous mixture has been laid over the ballast in a manner acceptable to the city engineer a chip seal coating, using 1/2" – 1/4" crushed screenings, shall be placed so as to cover repaired areas and to extend 12 inches beyond said areas. (Ord. 1492 § 40, 1956)

7.04.410 Restoration of surface – Failure to – City’s right to – Procedure.

If the permittee shall have failed to restore the surface of the streets and alleys to their original and proper condition upon the expiration of the time fixed by such permit or upon the completion of the work allowed to be done under such permit, the city engineer shall if he deems it advisable, have the right to do all work and things necessary to do so. The permittee shall be liable for the expense thereof upon the bond filed at the time of granting the permits, and the city shall have a cause of action for all fees, expenses and amounts paid out upon such work; provided, that in any case, it shall be the duty of the permittee to guarantee and maintain the area disturbed for two years after returning it to its original condition; provided further, that if, in the judgment of the city engineer, it is not expedient to replace the pavement over any cut or excavation made in any street or alley upon the completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made, and in case of the failure of the permittee to commence in good faith the replacing of such temporary pavement within five days after the date of such notice, the city engineer may lay such temporary pavement himself and collect the cost hereof from the permittee in the manner hereinbefore provided. (Ord. 1492 § 41, 1956)

7.04.420 Permit and inspection fees.

The permit and inspection fee for work on public property shall be $5.00 for excavations which do not exceed 25 lineal feet in length, $0.10 per foot for each additional foot up to and including 75 feet, and $0.01 additional for each foot thereafter. This schedule shall apply to each separate project according to plans filed with the city engineer. (Ord. 1492 § 42, 1956)

7.04.430 Drawings – Plans – Profile – Permanent maintenance – Required – Corrections.

Users of subsurface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps shall be filed with the city engineer within 60 days after new installations, changes or replacements are made. (Ord. 1492 § 43, 1956)

7.04.440 Violations – Penalty.

Any person violating any of the provisions hereof shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $100.00, or by imprisonment for a period not exceeding 30 days, or by both such fine and imprisonment. (Ord. 1492 § 44, 1956)