SENATE BILL REPORT

HB 1366

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Labor, Commerce & Consumer Protection, March 17, 2009

Title: An act relating to making technical changes to boiler and unfired pressure vessel statutes.

Brief Description: Making technical changes to boiler and unfired pressure vessel statutes.

Sponsors: Representatives Wood, Conway, Condotta, Chandler and Ormsby; by request of Department of Labor & Industries.

Brief History: Passed House: 2/23/09, 96-0.

Committee Activity: Labor, Commerce & Consumer Protection: 3/17/09 [DP].

SENATE COMMITTEE ON LABOR, COMMERCE & CONSUMER PROTECTION

Majority Report: Do pass.

Signed by Senators Kohl-Welles, Chair; Keiser, Vice Chair; Holmquist, Ranking Minority Member; Franklin, Honeyford, King and Kline.

Staff: Ingrid Mungia (786-7423)

Background: Certain boilers and unfired pressure vessels are subject to regulation by the Board of Boiler Rules (Board) and inspection by the Department of Labor and Industries (Department). The Board develops rules based on nationally or internationally accepted engineering standards. The Board also adopts standards such as the American Society of Mechanical Engineers' (ASME) code. The Director of the Department approves rules, appoints the Chief Inspector, and assesses penalties against persons who violate safety standards for boilers and unfired pressure vessels.

The Chief Inspector issues "inspection certificates" for boilers and unfired pressure vessels that are found to comply with the Board's rules. The Board grants "special installation and operating permits" and "special permits" for other boilers and unfired pressure vessels.

Certain boilers and unfired pressure vessels are exempt from regulation. These include some water tanks that operate at 130 degrees or less, and small unfired pressure vessels and hot water heaters. Other boilers and unfired pressure vessels are exempt from inspection requirements, but subject to regulations governing construction, installation, and repair.

Certain boilers and unfired pressure vessels are inspected annually, and others are inspected biennially. The Board, however, may provide for longer periods between inspections of power boilers and unfired pressure vessels subject to internal corrosion.

The Chief Inspector and the deputy inspectors must furnish performance bonds. The state pays the cost of the bonds.

Summary of Bill: The term "inspection certificate" is used in place of the terms "special installation and operating permit" and "special permit."

The exemptions from regulation are modified. The exemption for some water tanks is for those that operate at ambient temperature (rather than 130 degrees or less). The exemption for small unfired pressure vessels is changed to conform to American Society of Mechanical Engineer standards. The exemption for small domestic hot water heaters is moved to a separate subsection.

The Board of Boiler Rules is authorized to provide for longer periods between internal inspections of low pressure heating boilers.

The bonding requirement for the Chief Inspector and the deputy inspectors is repealed.

Other technical changes are made.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: With this bill the Department of Labor and Industries (L&I) will have the flexibility to decrease the inspection of internal inspections. Internal inspections can damage low pressure vessels because they require emptying and refilling a vessel, and may require handling and/or disposing of chemicals. Other states have had success with similar legislation.

Persons Testifying: PRO: Josh Swanson, L&I.